Georgia Code
Chapter 7 - Control of Soil Erosion and Sedimentation
§ 12-7-3. Definitions

As used in this chapter, the term:
(2.1) “Coastal marshlands” shall have the same meaning as in Code Section 12-5-282.
(9.1) “Larger common plan of development or sale” means a contiguous area where multiple separate and distinct construction activities are occurring under one plan of development or sale. For purposes of this paragraph, “plan” means an announcement; piece of documentation such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, or computer design; or physical demarcation such as boundary signs, lot stakes, or surveyor markings, indicating that construction activities may occur on a specific plot.
(10.1) “Maintenance” means actions necessary or appropriate for retaining or restoring a currently serviceable improvement to the specified operable condition to achieve its maximum useful life. Maintenance includes emergency reconstruction of recently damaged parts of a currently serviceable structure so long as it occurs within a reasonable period of time after damage occurs. Maintenance does not include any modification that changes the character, scope, or size of the original design.
(10.2) “Manual for Erosion and Sediment Control in Georgia” or “manual” means the published guidance of the commission governing the design and practices to be utilized in the protection of this state’s natural resources from erosion and sedimentation which shall be based foremost upon sound engineering principles and repeatable bench and field testing of structural and vegetative best management practices and which shall have the annual approval of the Erosion and Sediment Control Overview Council established pursuant to Code Section 12-7-7.1.
(10.3) “Operator” means the party or parties that have:
(13.1) “Serviceable” means usable in its current state or with minor maintenance but not so degraded as to essentially require reconstruction.
History. Ga. L. 1975, p. 994, § 3; Ga. L. 1980, p. 942, §§ 1, 2; Ga. L. 1982, p. 3, § 12; Ga. L. 1988, p. 269, § 24; Ga. L. 1989, p. 1295, § 1; Ga. L. 1994, p. 1650, § 1; Ga. L. 2000, p. 1430, § 1; Ga. L. 2003, p. 224, § 5; Ga. L. 2015, p. 35, § 3/HB 397; Ga. L. 2015, p. 1051, § 1/SB 101; Ga. L. 2020, p. 488, § 1/SB 445; Ga. L. 2021, p. 922, § 12/HB 497.
The 2020 amendment, effective July 29, 2020, added the second sentence in paragraph (10).
The 2021 amendment, effective May 10, 2021, part of an Act to revise, modernize, and correct the Code, substituted “Such term” for “Said term” at the beginning of the second sentence of paragraph (10).
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1992, in paragraph (9) (now paragraph 11)), a comma was inserted following “firm”.
Pursuant to Code Section 28-9-5, in 1996, “State” was substituted for “state” in paragraph (2) (now paragraph (3)).
Pursuant to Code Section 28-9-5, in 2015, paragraphs (10.1) and (10.2), as added and redesignated by Ga. L. 2015, p. 35, § 3/HB 397, were redesignated as paragraphs (10.2) and (10.3), respectively.
Editor’s notes.
Ga. L. 2015, p. 1051, § 4/SB 101, 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 purposes of promulgating rules and regulations and shall become effective on December 31, 2015, for all other purposes.” This Act was signed by the Governor on May 6, 2015.
Law reviews.
For survey article on environment, natural resources, and land use, see 34 Mercer L. Rev. 145 (1982).
For article, “Georgia Wetlands: Values, Trends, and Legal Status,” see 41 Mercer L. Rev. 791 (1990).
For survey article on real property law, see 67 Mercer L. Rev. 193 (2015).
For comment, “ ‘Wrest’ in Peace: The Effect of the Georgia Environmental Protection Division’s ‘Wrested Vegetation Rule’ on Coastal Salt Marshes,” see 32 Georgia St. U.L. Rev. 953 (2016).