Official Code of Georgia Annotated
Title 52. WATERS OF THE STATE, PORTS, AND WATERCRAFT · Chapter 1. GENERAL PROVISIONS · Article 1. PROTECTION OF TIDEWATERS
52-1-3. Definitions.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
As used in this article, the term:
- (1)
‘‘Board’’ means the Board of Natural Resources.#
- (2)
‘‘Commissioner’’ means the commissioner of natural resources.#
- (3)
‘‘Structure’’ means any structure located upon any tidewaters of this state, whether such structure is floating upon such tidewaters and is made fast by the use of lines, cables, anchors, or pilings, or any combination thereof, or is built upon pilings embedded in the beds of such tidewaters when such structure is being or has been used or is capable of being used as a place of habitation, dwelling, sojournment, or residence for any length of time; is not being used or is not capable of being used as a means of transportation upon such tidewaters; and is not owned, occupied, or possessed pursuant to a permit issued by the commissioner pursuant to Code Section 52-1-10. Such structures may include, but are not limited to, vessels not being used in navigation; provided, however, that structures do not include live-aboard vessels, as defined in Code Section 52-7-8.4. Structures shall also not include fishing camps, bait shops, restaurants, or other commercial establishments permitted under Part 4 of Article 4 of Chapter 5 of Title 12, the ‘‘Coastal Marshlands Protection Act of 1970,’’ as amended, which do not discharge sewage into the waters of this state and are operated in conformance with the zoning ordinances, if any, of the municipality or county in which they are located.#
- (4)
‘‘Tidewaters’’ means the sea and all rivers and arms of the sea that are affected by the tide, where the tide rises and falls, which are capable of use for fishing, passage, navigation, commerce, or transportation, and which are located within the jurisdiction of the State of Georgia.#
History
Code 1981, § 52-1-3, enacted by Ga. L. 1992, p. 2317, § 1; Ga. L. 1993, p. 91, § 52; Ga. L. 2012, p. 1074, § 4/SB 319; Ga. L. 2019, p. 741, § 2/HB 201. The 2019 amendment, effective January 1, 2020, in paragraph (3), substituted ‘‘live-aboard vessels, as defined in Code Section 52-7-8.4’’ for ‘‘live-aboards, as defined in Code Section 12-5-282’’ near the end of the next-to-last sentence, and substituted ‘‘this state’’ for ‘‘the state’’ in the middle of the last sentence.
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Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t52-t53-(v40)-2021-pdf.pdf, Volume V40, 2021 edition, pages 17 to 18; merge action: carried; file SHA-256 062775612dfc.