52-1-32. Definitions.

As used in this article, the term:

‘‘Board’’ means the Board of Natural Resources.#

‘‘Commissioner’’ means the commissioner of natural resources.#

‘‘Navigable stream or river’’ means a stream or river which is capable of transporting boats loaded with freight in the regular course of trade either for the whole or a part of the year.#

‘‘Structure’’ means any structure located upon any navigable stream or river of this state, whether such structure is floating upon such navigable stream or river 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 navigable stream or river when such structure is being, has been, 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 navigable stream or river; and is not owned, occupied, or possessed pursuant to a permit issued by the commissioner pursuant to Code Section 52-1-39. 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.#