Georgia Code
Part 2 - Shore Protection
§ 12-5-232. Definitions

As used in this part, the term:
(6.1) “Commissioner” means the commissioner of natural resources.
(9.1) “Letter of permission” means written authorization from the department to conduct a proposed activity in an area subject to the jurisdiction of this part, provided such activity is either within the physical perimeter of an existing serviceable project or involves the construction and removal of a project or other temporary activity that concludes within six months, inclusive of the time needed to return all affected areas to a condition approximate to, or better than, that which existed before commencement of the activity.
(10.1) “Minor activity” means an activity such as the construction or installation of decks, patios, or porches or the alteration of native landscaping, so long as such construction, installation, or alteration, when combined with other structures on the subject parcel or portion thereof, does not impact more than a total of one-third of the subject parcel or portion thereof that is subject to the jurisdiction of this part; or the construction or installation of elevated crosswalks providing access across sand dunes and shoreline stabilization activities.
(16.1) “Serviceable” means usable as is or with only minor maintenance, but not so degraded as to essentially require reconstruction, as determined by the department.
History. Code 1981, § 12-5-232 , enacted by Ga. L. 1992, p. 1362, § 1; Ga. L. 2013, p. 874, § 1/HB 402; Ga. L. 2019, p. 493, § 1/HB 445.
The 2019 amendment, effective May 3, 2019, for purposes of promulgating rules and regulations and for all other purposes effective December 30, 2019, substituted the present provisions of paragraph (8) for the former provisions, which read: “ ‘Dynamic dune field’ means the dynamic area of beach and sand dunes, varying in height and width, the ocean boundary of which extends to the ordinary high-water mark and the landward boundary of which is the first occurrence either of live native trees 20 feet in height or greater or of a structure existing on July 1, 1979. The landward boundary of the dynamic dune field shall be the seaward most line connecting any such tree or structure as set forth in this part to any other such tree or structure if the distance between the two is a reasonable distance not to exceed 250 feet. In determining what is a reasonable distance for purposes of this paragraph, topography, dune stability, vegetation, lot configuration, existing structures, distance from the ordinary high-water mark, and other relevant information shall be taken into consideration in order to conserve the vital functions of the sand-sharing system. If a real estate appraiser certified pursuant to Chapter 39A of Title 43 determines that an existing structure, shoreline engineering activity, or other alteration which forms part of the landward boundary of the dynamic dune field has been more than 80 percent destroyed by storm driven water or erosion, the landward boundary of the dynamic dune field shall be determined as though such structure had not been in existence on July 1, 1979.”; added paragraph (10.1); substituted the present provisions of paragraph (11) for the former provisions, which read: “ ‘Ordinary high-water mark’ means the position along the shore of the mean monthly spring high tide reached during the most recent tidal epoch. This term is not synonymous with ‘mean’ high-water mark.”; substituted “Reserved” for the former provisions of paragraph (13), which read: “ ‘Permit-issuing authority’ means the Shore Protection Committee or a local unit of government which has adopted a program of shore protection which meets the standards of this part and which has been certified by the board as an approved program.”; in paragraph (15), inserted “within the sand-sharing system” near the beginning, inserted “, tidal, or wave” and “or by beach nourishment or dune construction,” near the middle, and inserted “, such as, but not limited to, sea oats (Uniola paniculate), beach morning glory (Ipomoea pes-caprae), and large salt meadow cordgrass (Spartina patens),” in the middle; and, in paragraph (18), inserted “not in the sand-sharing system” near the beginning, inserted “woody” in the middle, and added “such as, but not limited to, pines (Pinus), oaks (Quercus), and wax myrtles (Morella cerifera)” at the end.
Editor’s notes.
Ga. L. 2019, p. 493, § 10/HB 445, not codified by the General Assembly, provides: “This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for the purposes of promulgating rules and regulations necessary to administer the provisions of this Act and shall become effective on December 31, 2019, for all other purposes.” The Act was approved by the Governor on May 3, 2019.
Law reviews.
For survey article on environment, natural resources, and land use, see 34 Mercer L. Rev. 145 (1982).

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