Georgia Code
Part 6 - Protection of Metropolitan Rivers
§ 12-5-445. Review of Application and Supporting Documents by Commission; Effect of Inconsistencies; Alternatives Where Modification Recommended

If the governing authority fails to take action under either paragraph (1), (2), or (3) of this subsection within 45 days after the submission of the recommendation of the commission to the governing authority, the certificate shall not be issued. Where a public hearing is requested under this subsection, such public hearing shall be held by the commission within 30 days after receipt of such request. Notice stating the time and place of the public hearing shall be mailed at least ten days prior to the hearing to the governing authority, the applicant, and the owner and public notice shall be given. The commission shall make its final determination with respect to such recommendation within 30 days after such public hearing. The request for a public hearing under this subsection may be made by the applicant, the owner, or the governing authority involved.
History. Ga. L. 1973, p. 128, § 6; Ga. L. 1975, p. 837, § 6; Code 1981, § 12-5-445 , enacted by Ga. L. 1982, p. 2107, § 4; Ga. L. 1983, p. 1059, § 5; Ga. L. 1986, p. 321, § 2; Ga. L. 1989, p. 1317, § 6.8; Ga. L. 1998, p. 1394, § 5; Ga. L. 2008, p. 181, § 25/HB 1216.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2008, “commission’s” was substituted for “center’s” in subparagraphs (c)(2)(A) and (c)(2)(D).
Law reviews.
For annual survey of administrative law, see 38 Mercer L. Rev. 17 (1986).

Structure Georgia Code

Georgia Code

Title 12 - Conservation and Natural Resources

Chapter 5 - Water Resources

Article 5 - Rivers and River Basins

Part 6 - Protection of Metropolitan Rivers

§ 12-5-440. Short Title

§ 12-5-441. Definitions

§ 12-5-442. Legislative Findings and Purposes

§ 12-5-443. Comprehensive Land and Water Use Plan; Transmittal of Plan to Political Subdivisions; Notice and Hearing; Promulgation of Rules and Regulations; Application Fee

§ 12-5-444. Prohibited Land and Water Uses; Uses Prior to Adoption of Plan; Certificate of Compliance With Plan; Information Required of Applicant; Changes in Use; Notice and Hearing

§ 12-5-445. Review of Application and Supporting Documents by Commission; Effect of Inconsistencies; Alternatives Where Modification Recommended

§ 12-5-447. Minimum Standards for Certificates and Recommendations

§ 12-5-448. Appeal

§ 12-5-449. Other Laws Not Superseded by Part

§ 12-5-451. Uses to Which Part Inapplicable

§ 12-5-452. Cease and Desist Orders; Injunctions; Land-Disturbing Activities as Nuisances; Penalty; Jurisdiction of Actions

§ 12-5-453. Local Regulation of Land in Drainage Basins; Enforcement Where Local Regulation Inadequate; Failure of Governing Authority to Meet Requirements

§ 12-5-454. Removal of Sand From Watercourse

§ 12-5-455. Plan and Application for Certificate Open to Public Inspection

§ 12-5-456. Commission to Notify Local Authorities of Violations of This Part; Director’s Powers in Absence of Local Action; Hearings on Violations

§ 12-5-457. Environmental Protection Division’s Powers and Duties Unaffected by Part