Georgia Code
Part 4 - Coastal Marshlands
§ 12-5-295. Applicability of Part

This part shall not apply to the following:
The lot owner shall and is authorized to maintain the structure in good condition and repair the same as necessary, and the use of repair or replacement materials comparable in quality to the original authorized materials shall be sufficient for such purposes;
(7.1) The building of a single private dock by the owners of up to four adjoining lots, each of which is riparian and would qualify for an exemption as provided in paragraph (7) of this Code section, for the exclusive noncommercial use of such owners or their invitees and constructed as a single walkway on pilings above the marsh grass not obstructing tidal flow and in a size to be determined by the department taking into consideration the number of adjoining lots utilizing the dock; provided, however, that the exemption provided by this paragraph shall apply only if each of the owners of such adjoining lots has entered into a binding covenant that runs with the land, in favor of the state, which covenant prohibits the building of any future private dock on his or her lot unless the dock exempted pursuant to this paragraph is removed or converted to a single-family private dock which would qualify for an exemption as provided in paragraph (7) of this Code section. The granting of the exemption provided by this paragraph shall be the state’s consideration for the covenant of each such lot owner. The lot owners shall and are authorized to maintain the structure in good condition and repair the same as necessary, and the use of repair or replacement materials comparable in quality to the original authorized materials shall be sufficient for such purposes;
History. Ga. L. 1970, p. 939, § 11; Code 1981, § 12-5-292 ; Ga. L. 1989, p. 574, § 4; Code 1981, § 12-5-295 , as redesignated by Ga. L. 1992, p. 2294, § 1; Ga. L. 1995, p. 462, § 2; Ga. L. 2003, p. 316, § 1; Ga. L. 2008, p. 117, § 1/HB 68; Ga. L. 2009, p. 778, § 2/HB 170; Ga. L. 2019, p. 619, § 2/HB 501.
The 2019 amendment, effective May 6, 2019, for purposes of promulgating rules and regulations and effective March 1, 2020 for all other purposes, deleted “or” at the end of paragraph (7.1); in paragraph (8), substituted “Paragraph IV(d)” for “Paragraph IV, subparagraph (d)” and added “; or” at the end; and added paragraph (9).
Editor’s notes.
Ga. L. 2019, p. 619, § 3/HB 501, not codified by the General Assembly, provides: “This Act shall become effective upon its approval by the Governor or upon its becoming law with such approval for purposes of promulgating rules and regulations necessary to administer the provisions of this Act and shall become effective on March 1, 2020, for all other purposes.” This Act was signed by the Governor on May 6, 2019.
Law reviews.
For annual survey of law on administrative law, see 62 Mercer L. Rev. 1 (2010).

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