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Article 1 - General Provisions
§ 12-5-1. Water Resources Center — Establishment and Operation by Georgia Institute of Technology; Purposes - The Georgia Institute of Technology shall establish and operate a...
§ 12-5-2. Water Resources Center — Receipt of Funds and Grants - The center is authorized to make application for and receive...
§ 12-5-3. Water Resources Center — Power to Enter Into Contracts, Agreements, and Participation Arrangements - The center is authorized to enter into contracts, agreements, and...
§ 12-5-4. Programs for Voluntary Water Conservation and Enhancing Water Supply - History. Code 1981, § 12-5-4 , enacted by Ga. L....
§ 12-5-4.1. Adoption of Minimum Standards and Best Practices for Improving Efficiency and Effectiveness of Water Use; Requirements - By January 1, 2012, public water systems serving at least...
§ 12-5-5. Local Water Authorities Allowed to Establish Program for Voluntary Contributions to Conservation and Environmental Projects - Any local water authority created pursuant to an Act of...
§ 12-5-6. Installation and Definition of “Rain Sensor Shut-Off Switch”; Penalty for Violations - History. Code 1981, § 12-5-6 , enacted by Ga. L....
§ 12-5-7. Local Variances From State Restrictions on Outdoor Watering; Limitations on Outdoor Irrigation; Exceptions - (a.1) (1) Persons may irrigate outdoors daily for purposes of...
§ 12-5-8. Rules and Regulations Relating to Drought Management - Not later than June 30, 2009, the board shall adopt...
Article 2 - Control of Water Pollution and Surface-Water Use
§ 12-5-20. Short Title - This article shall be known and may be cited as...
§ 12-5-21. Declaration of Policy; Legislative Intent - History. Ga. L. 1957, p. 629, § 2; Ga. L....
§ 12-5-22. Definitions - As used in this article, the term: History. Ga. L....
§ 12-5-23. Powers and Duties of Board and Director as to Control of Water Pollution and Surface-Water Use Generally - History. Ga. L. 1957, p. 629, § 4; Ga. L....
§ 12-5-23.1. Water Quality Standards for Lakes; Monitoring; Studies and Reports; Development, Approval, and Publication of Water Quality Standards - History. Code 1981, § 12-5-23.1 , enacted by Ga. L....
§ 12-5-23.2. Waste-Water Discharge Limitations; Schedule of Construction Milestones; Penalties - History. Code 1981, § 12-5-23.2 , enacted by Ga. L....
§ 12-5-23.3. Privatization of Waste-Water Treatment Facilities - History. Code 1981, § 12-5-23.3 , enacted by Ga. L....
§ 12-5-24. Power of Director to Enter Into Contracts and Compacts Regarding Surface-Water Management - The director is authorized to enter into contracts or compacts...
§ 12-5-25. Investigations by Division; Institution of Proceedings by Division - The division shall have authority to investigate any apparent violation...
§ 12-5-26. Entry on Premises to Investigate and Inspect Conditions and Operating Records; Protection of Trade Secrets and Confidential Information - Any duly appointed agent of the division may enter private...
§ 12-5-27. Authority to Require Owner or Operator of Facility to Cooperate With Division - Whenever required to carry out the objectives of this article,...
§ 12-5-27.1. Sale or Use of Cleaning Agents Containing Phosphorus - History. Code 1981, § 12-5-27.1 , enacted by Ga. L....
§ 12-5-28. Annual Reports by Division - Annual reports shall be made and filed by the division...
§ 12-5-29. Sewage and Waste Disposal; Withdrawal, Diversion, or Impoundment of Surface Waters; Certificates Required for Vessels With Marine Toilets; Conditions for Transfer of Surface Water From One River Basin to Another - History. Ga. L. 1957, p. 629, § 6; Ga. L....
§ 12-5-29.1. Combined Sewer Overflow; Plans for Elimination or Treatment of Sewage Overflow; Penalties - History. Code 1981, § 12-5-29.1 , enacted by Ga. L....
§ 12-5-30. Permits for Construction, Modification, or Operation of Facilities Which Discharge Pollutants Into Waters; Permits for Discharge of Dredged or Fill Material Into Waters and Wetlands; Participation in National Pollution Discharge Eliminatio... - In the event of modification, suspension, or revocation of a...
§ 12-5-30.1. Major Spills by Publicly Owned Treatment Works - History. Code 1981, § 12-5-30.1 , enacted by Ga. L....
§ 12-5-30.2. Combined Sewer Overflow Systems - History. Code 1981, § 12-5-30.2 , enacted by Ga. L....
§ 12-5-30.3. Sludge Land Application Systems - History. Code 1981, § 12-5-30.3 , enacted by Ga. L....
§ 12-5-30.4. Establishment of Water Emergency Response Procedures - History. Code 1981, § 12-5-30.4 , enacted by Ga. L....
§ 12-5-31. Regulated Riparian Rights to Surface Waters for General or Farm Use; Permits for Withdrawal, Diversion, or Impoundment; Coordination With Water Plans; Metering of Farm Use; Interbasin Transfers; Appeal Procedures - (6.1) The director may permanently revoke any permit under this...
§ 12-5-31.1. Applications, Permits, and Variances for Public Water Supply Reservoirs - History. Code 1981, § 12-5-31.1 , enacted by Ga. L....
§ 12-5-32. Aid to Pollution Control and Surface-Water Management — Powers of Division With Respect to Federal Acts; Receipt and Expenditure of Federal and State Appropriations - The division shall be the water pollution control and surface-water...
§ 12-5-33. Aid to Pollution Control and Surface-Water Management — Grants to Counties, Municipalities, or Other Public Authority for Water Pollution Control Projects - History. Ga. L. 1961, p. 109, § 1; Ga. L....
§ 12-5-34. Aid to Pollution Control and Surface-Water Management — Amount of State Grant - History. Ga. L. 1961, p. 109, § 2; Ga. L....
§ 12-5-35. Aid to Pollution Control and Surface-Water Management — Administration of Grants by Division - The division shall be the agency for the administration of...
§ 12-5-36. Aid to Pollution Control and Surface-Water Management — Consistency With Federal Acts - The determination of the relative need for, the priority of,...
§ 12-5-37. Aid to Pollution Control and Surface-Water Management — Intent of Article With Regard to State Contributions - It is the intent of this article that full advantage...
§ 12-5-38. Aid to Pollution Control and Surface-Water Management — Management by Division of Federal Construction Grants Program - The division is authorized to manage the construction grants program...
§ 12-5-38.1. Administration of Funds; Water Pollution Control and Drinking Water Revolving Funds - History. Code 1981, § 12-5-38.1 , enacted by Ga. L....
§ 12-5-39. Aid to Pollution Control and Surface-Water Management — Area-Wide Waste Treatment Management - The division is authorized to develop and operate a continuing...
§ 12-5-40. Aid to Pollution Control and Surface-Water Management — Adoption of Rules and Regulations Regarding Application for State Grants - The Board of Natural Resources is empowered to adopt such...
§ 12-5-42. Cooperative Efforts for Abatement of Pollution; Order by Director; Request for Hearing; Allowance of Reasonable Time for Abatement - History. Ga. L. 1964, p. 416, § 11; Ga. L....
§ 12-5-43. Administrative Hearings - History. Ga. L. 1964, p. 416, § 12; Ga. L....
§ 12-5-44. Judicial Review - History. Ga. L. 1964, p. 416, § 13; Ga. L....
§ 12-5-45. Judgment in Accordance With Division’s Order - The division may file in the superior court in the...
§ 12-5-46. Effect of Article on Rights of Action - Nothing in this article shall be construed to alter or...
§ 12-5-47. Emergency Orders; Hearing - Whenever the division finds that an emergency exists requiring that...
§ 12-5-48. Injunctive Relief - Whenever in the judgment of the division any person has...
§ 12-5-49. Representation of Division and Its Agents by Attorney General and His Staff - It shall be the duty of the Attorney General to...
§ 12-5-50. Intent of Article as to Conflicts With Federal Laws and as to Eligibility of Division or Departments of State Government for Federal Funds; Remedial Action - Nothing in this article is intended to conflict with any...
§ 12-5-51. Civil Liability - History. Ga. L. 1971, p. 190, § 1.
§ 12-5-52. Civil Penalty - History. Ga. L. 1971, p. 87, § 2; Ga. L....
§ 12-5-53. Criminal Penalty - History. Ga. L. 1964, p. 416, § 22; Ga. L....
Article 3 - Wells and Drinking Water
Part 1 - General Provisions
§ 12-5-70. Prospecting for Underground Water Supplies — Powers of Department - The department may, whenever directed so to do by the...
§ 12-5-71. Prospecting for Underground Water Supplies — Records of Findings; Acceptance of Federal Grants - The department shall keep full records of all its findings,...
§ 12-5-72. Prospecting for Underground Water Supplies — Contracts With Counties or Municipalities for Use of Water - If the department, in carrying out Code Section 12-5-70, shall...
§ 12-5-73. Prospecting for Underground Water Supplies — Appropriation or Allocation of Funds to Department - The department may use, for the purposes authorized by Code...
Part 2 - Ground-Water Use Generally
§ 12-5-90. Short Title - This part shall be known and may be cited as...
§ 12-5-91. Declaration of Policy - The general welfare and public interest require that the water...
§ 12-5-92. Definitions - As used in this part, the term: (5.1) “Farm uses”...
§ 12-5-93. Power of Director to Employ Personnel - The director is authorized to employ, on a full-time or...
§ 12-5-94. Adoption of Rules and Regulations by Board of Natural Resources - The Board of Natural Resources may adopt and modify from...
§ 12-5-95. Proposed Regulations Regarding Ground-Water Use; Hearings; Adoption and Modification of Regulations; Contesting Validity of Regulations - History. Ga. L. 1972, p. 976, § 5; Ga. L....
§ 12-5-96. Regulated Reasonable Use of Ground Water for General Use; Permits to Withdraw, Obtain, or Utilize; Coordination With Water Plans; Appeal Procedures - History. Ga. L. 1972, p. 976, § 6; Ga. L....
§ 12-5-97. Duration of Permits; Renewal; Transfer; Certified Statements by Holders; Monitoring Water Use; Granting Permit to Person Withdrawing Ground Water Prior to July 1, 1973; Prior Investments in Land and Nature of Plans for Water Use; Continued... - History. Ga. L. 1972, p. 976, § 7; Ga. L....
§ 12-5-98. Investigations; Entry; Protection of Confidential Information or Trade Secrets; Refusing Entry or Access to and Interference With Authorized Representatives of Division - History. Ga. L. 1972, p. 976, § 10.
§ 12-5-99. Order by Director After Failure of Conference, Conciliation, or Persuasion; Hearings; Appeal - History. Ga. L. 1973, p. 1273, § 21.
§ 12-5-100. Judgment in Accordance With Director’s Order - The director may file in the superior court of the...
§ 12-5-101. Injunctive Relief - Whenever, in the judgment of the director, any person has...
§ 12-5-102. Emergency Orders; Restrictions; Hearing; Appeal; Use by Certain Entities - History. Ga. L. 1973, p. 1273, § 24; Ga. L....
§ 12-5-103. Representation of Department by Attorney General - It shall be the duty of the Attorney General to...
§ 12-5-104. Effect of Part on Other Laws - Nothing contained in this part shall change or modify existing...
§ 12-5-105. Regulated Reasonable Use of Ground Water for Farm Use; Permits to Withdraw, Obtain, or Utilize; Metering; Related Procedures - (b.1) (1) The division shall have the duty of implementing...
§ 12-5-106. Civil Penalties; Procedure for Imposing Penalties; Hearing; Judicial Review - History. Ga. L. 1973, p. 1273, § 23.
§ 12-5-107. Criminal Penalty - Any person violating any of the provisions of this part...
Part 3 - Water Well Standards
§ 12-5-120. Short Title - This part shall be known and may be cited as...
§ 12-5-121. Legislative Intent - It is the intent of the General Assembly to provide...
§ 12-5-122. Definitions - As used in this part, the term: (17.1) “Geothermal borehole”...
§ 12-5-123. Creation of Council; Membership; Chairperson; Meetings; Majority Vote; Quorum; Director as Secretary; Self-Governance; Reimbursement for Expenses; Attorney General to Provide Legal Services - History. Ga. L. 1976, p. 974, § 3; Ga. L....
§ 12-5-124. Powers and Duties of Council Generally - In carrying out this part, the council shall have the...
§ 12-5-125. License Requirement; Drilling Under Direction of Professional Geologist or Engineer - Except as provided in subsection (f) of Code Section 12-5-127,...
§ 12-5-126. Director as Administrative Agent; Administrative Duties of Division; Orders, Notices, and Processes - History. Ga. L. 1977, p. 1506, § 4; Ga. L....
§ 12-5-127. Licensing of Water Well Contractors Generally; Applications for Trainee Licenses; Violation of Code Section - History. Ga. L. 1977, p. 1506, § 4; Ga. L....
§ 12-5-128. Contents of License; Display - History. Ga. L. 1977, p. 1506, § 4; Ga. L....
§ 12-5-129. Suspension and Revocation of Licenses; Hearings; Reissuance of Revoked Licenses; Injunction; Cessation of Well Operation; Seizure of Equipment - History. Ga. L. 1977, p. 1506, § 4; Ga. L....
§ 12-5-130. Expiration and Renewal of Licenses; Replacement of Lost, Destroyed, or Mutilated Licenses - All licenses expire biennially. All applications for renewal shall be...
§ 12-5-131. Notifying Contractors of Changes in Rules and Regulations - The council may from time to time amend its rules...
§ 12-5-131.1. Licensing Requirements for Drilling Well on Own Property; Water Well Contractors Completing Electrical or Plumbing Work Incidental to Drilling and Construction of Well - History. Code 1981, § 12-5-131.1 , enacted by Ga. L....
§ 12-5-132. Effect of Part - History. Ga. L. 1977, p. 1506, § 4; Ga. L....
§ 12-5-133. Penalty; Evidence of Violation of Part - History. Ga. L. 1977, p. 1506, § 4; Ga. L....
§ 12-5-133.1. Civil Penalties; Hearing - History. Code 1981, § 12-5-133.1 , enacted by Ga. L....
§ 12-5-134. Standards for Wells and Boreholes - The following standards shall apply to all wells and boreholes:...
§ 12-5-135. Requirement of Bond or Letter of Credit - History. Code 1981, § 12-5-135 , enacted by Ga. L....
§ 12-5-136. Compliance With Standards and Licensing Requirements; Inspections; Action by Director if Well Not Up to Standard - History. Code 1981, § 12-5-136 , enacted by Ga. L....
§ 12-5-137. Forfeiture of Contraband Equipment - All drilling rigs or commercial vehicles used to drill any...
§ 12-5-138. Council Authorized to Establish Rules and Regulations for Pump Installation; Certification Requirements; Civil Penalties for Violations - History. Code 1981, § 12-5-138 , enacted by Ga. L....
Part 4 - Artesian Wells
§ 12-5-150. Conditions Under Which Artesian Wells Must Be Tapped - The owner of any real property in this state on...
§ 12-5-151. Wells on Government Property - In the event the State of Georgia or any agency...
§ 12-5-152. Applicability of Part - This part shall not apply to any free-flowing artesian well...
§ 12-5-153. Penalty - It shall be the duty of any person owning or...
Part 5 - Public Water Systems
§ 12-5-170. Short Title - This part shall be known and may be cited as...
§ 12-5-171. Declaration of Policy; Legislative Intent; Environmental Protection Division to Administer Part - As a guide to the interpretation and application of this...
§ 12-5-172. Definitions - As used in this part, the term: History. Ga. L....
§ 12-5-173. Designation of Division as State Agency to Receive Financial Aid From Federal Government and Other Sources - The division shall be designated as the state agency to...
§ 12-5-174. Powers and Duties of Board of Natural Resources as to Public Water Systems - History. Code 1933, § 88-2603, enacted by Ga. L. 1964,...
§ 12-5-175. Fluoridation of Public Water Systems; State Funds for Cost of Fluoridation Equipment, Chemicals, and Materials; Tax Deduction for Fluoride-Removing Devices - History. Ga. L. 1973, p. 148, §§ 1, 1A, 2;...
§ 12-5-176. Powers and Duties of Director as to Public Water Systems Generally - History. Code 1933, § 88-2603, enacted by Ga. L. 1964,...
§ 12-5-177. Enforcement of Rules and Regulations; Minimum Requirements for and Applicability of Georgia Primary Drinking Water Regulations; Records and Reports - History. Ga. L. 1977, p. 351, § 6.
§ 12-5-178. Variances and Exemptions - The director may authorize variances or exemptions from the regulations...
§ 12-5-179. Permits for Operation of Public Water Systems; Performance Bonds - History. Code 1933, § 88-2606, enacted by Ga. L. 1964,...
§ 12-5-180. Duty of Permit Applicants and Holders to Supply Information as Required by Director - History. Code 1933, § 88-2607, enacted by Ga. L. 1964,...
§ 12-5-180.1. Allocating Water and Waste-Water Usage Among Tenants; Charging Tenants for Usage; Measuring Water Usage - History. Code 1981, § 12-5-180.1 , enacted by Ga. L....
§ 12-5-180.2. Fire Sprinkler Protection Systems; Limitation on Fee for Water Service - History. Code 1981, § 12-5-180.2 , enacted by Ga. L....
§ 12-5-181. Inspections and Investigations by Division - The director or any agents or employees of the division...
§ 12-5-182. Powers of Director as to Protection of Public From Contaminants Presenting Imminent and Substantial Danger - The director, upon receipt of information that a contaminant is...
§ 12-5-183. Plan for Emergency Provision of Water - The director shall develop an adequate plan for the provision...
§ 12-5-184. Notice of Violations, Variances, and Exemptions Involving Public Water Systems - Whenever a public water system: the owner or operator of...
§ 12-5-185. Order by Director After Failure of Conference, Conciliation, or Persuasion; Hearing on Order or Permit Issued by Director - History. Ga. L. 1977, p. 351, § 15.
§ 12-5-186. Hearings; Judicial Review - Hearings on contested matters and judicial review of final orders,...
§ 12-5-187. Emergency Orders; Hearing; Review - Whenever the director finds that an emergency exists requiring immediate...
§ 12-5-188. Injunctive Relief - Whenever in the judgment of the director any person has...
§ 12-5-189. Judgment in Accordance With Director’s Order - The director may file in the superior court of the...
§ 12-5-190. Legal Assistance by Attorney General - It shall be the duty of the Attorney General to...
§ 12-5-191. Prohibited Acts - History. Code 1933, § 88-2605, enacted by Ga. L. 1964,...
§ 12-5-192. Civil Penalties; Procedures for Imposing Penalty; Hearing; Review - History. Ga. L. 1977, p. 351, § 19; Ga. L....
§ 12-5-193. Criminal Penalty - Any person who engages in any action made unlawful by...
Part 6 - Water System Interconnection, Redundancy, and Reliability
§ 12-5-200. Legislative Findings - The General Assembly finds that: History. Code 1981, § 12-5-200...
§ 12-5-201. Definitions - As used in this part, the term: History. Code 1981,...
§ 12-5-202. District-Wide Emergency Plan - provided, however, that the results of poor planning or inadequate...
§ 12-5-203. Technical Panel; Members; Preliminary Scope of Work Statement; Modifications - History. Code 1981, § 12-5-203 , enacted by Ga. L....
§ 12-5-204. Completion and Submission of Emergency Plan; Costs - History. Code 1981, § 12-5-204 , enacted by Ga. L....
Article 4 - Coastal Waters, Beaches, and Sand Dunes
§ 12-5-210. Development and Utilization of Coastal and Offshore Waters, Lands, and Resources; Delegation of Powers and Duties; Power to Make Contracts - History. Ga. L. 1967, p. 12, §§ 1, 4; Ga....
§ 12-5-211. Receipt of Financial and Other Assistance; Plans and Proposals for Development and Utilization of Coastal and Offshore Resources; Coordination Between State Agencies; Reporting - The department shall have the power: History. Ga. L. 1967,...
§ 12-5-212. Annual Report - The department shall make an annual report to the General...
§ 12-5-213. Liberal Construction of Part - This part, being for the welfare of the state and...
Part 2 - Shore Protection
§ 12-5-230. Short Title - This part shall be known and may be cited as...
§ 12-5-231. Legislative Findings and Declarations - The General Assembly finds and declares that coastal sand dunes,...
§ 12-5-232. Definitions - As used in this part, the term: (6.1) “Commissioner” means...
§ 12-5-233. Area of Operation of Part - The area of operation of this part shall be: History....
§ 12-5-234. Powers and Duties of Department - History. Code 1981, § 12-5-234 , enacted by Ga. L....
§ 12-5-235. Shore Protection Committee - History. Code 1981, § 12-5-235 , enacted by Ga. L....
§ 12-5-236. Rules and Regulations - The board shall have the power to promulgate rules and...
§ 12-5-237. Permit Required; Exceptions - History. Code 1981, § 12-5-237 , enacted by Ga. L....
§ 12-5-238. Form and Contents of Application for Permit - All applications for permits required by this part must be...
§ 12-5-239. Completion of Permit; Notice of Proposed Activity; Requirements and Restrictions Regarding Issuance of Permit - History. Code 1981, § 12-5-239 , enacted by Ga. L....
§ 12-5-240. Posting of Permit - A copy of every permit issued to an applicant shall...
§ 12-5-242. Technical Assistance to Local Governments; Model Ordinance - The department shall provide technical assistance to any local unit...
§ 12-5-243. Local Governments Not Prohibited From Adopting More Restrictive Ordinances - Nothing in this part shall be construed as prohibiting a...
§ 12-5-244. Administrative and Judicial Review - History. Code 1981, § 12-5-244 , enacted by Ga. L....
§ 12-5-245. Injunctive Relief - Any activity in violation of this part or of any...
§ 12-5-246. Jurisdiction of Superior Court - The superior court of the county in which the land...
§ 12-5-247. Enforcement of Part; Civil Penalty - History. Code 1981, § 12-5-247 , enacted by Ga. L....
§ 12-5-248. Criminal Violations - History. Code 1981, § 12-5-248 , enacted by Ga. L....
Part 4 - Coastal Marshlands
§ 12-5-280. Short Title - This part shall be known and may be cited as...
§ 12-5-281. Legislative Findings and Declarations - The General Assembly finds and declares that the coastal marshlands...
§ 12-5-282. Definitions - As used in this part, the term: (7.1) “Letter of...
§ 12-5-283. Coastal Marshlands Protection Committee Created; Members; Powers; per Diem and Expenses; Administrative Hearings and Review; Permits for Minor Alterations - History. Ga. L. 1972, p. 1015, § 17; Ga. L....
§ 12-5-284. Authority of Department as to Coastal Marshlands Generally - History. Ga. L. 1970, p. 939, § 4; Ga. L....
§ 12-5-285. Power of Board to Promulgate Rules and Regulations - The board shall have power to promulgate rules and regulations...
§ 12-5-286. Permit Required; Application; Notice; Public Hearing; Issuance; Denial; Dynamic Dune Fields - History. Ga. L. 1970, p. 939, § 5; Code 1981,...
§ 12-5-287. Leasing of State Owned Marshland or Water Bottoms - History. Code 1981, § 12-5-285.1, enacted by Ga. L. 1989,...
§ 12-5-288. Restriction on Granting of Permits; Size Restriction; Activities and Structures Considered Contrary to Public Interest - History. Code 1981, § 12-5-288 , enacted by Ga. L....
§ 12-5-289. Inspection of Marshlands - The department, through its officers, staff, and game wardens, shall,...
§ 12-5-290. Jurisdiction to Restrain Violation of Part - The superior court of the county in which land or...
§ 12-5-291. Enforcement of Part - History. Ga. L. 1972, p. 991, § 2; Code 1981,...
§ 12-5-292. Posting of Permit - A copy of every permit issued to an applicant shall...
§ 12-5-293. Effect on Permit of Sale, Lease, or Other Conveyance of Land - If a permit holder sells, leases, rents, or otherwise conveys...
§ 12-5-294. Existence of an Emergency; Order; Right to Hearing - In the event of an emergency, whether created by act...
§ 12-5-295. Applicability of Part - This part shall not apply to the following: The lot...
§ 12-5-296. Criminal Violation - Any person violating any of the provisions of this part...
§ 12-5-297. Liability for Damages - Any person who causes or permits any removal, filling, dredging,...
Part 5 - Sea Oats
§ 12-5-310. Legislative Purpose - It is the purpose of this part to protect the...
§ 12-5-311. Cutting, Harvesting, Removing, or Eradicating Sea Oats - It is unlawful for any person to cut, harvest, remove,...
§ 12-5-312. Penalty - Any person violating any provision of this part shall be...
Part 6 - Coastal Management
§ 12-5-320. Short Title - This part shall be known and may be cited as...
§ 12-5-321. Legislative Findings - The General Assembly finds and declares that the coastal area...
§ 12-5-322. Definitions - As used in this part, the term: History. Code 1981,...
§ 12-5-323. Powers and Duties of Department - The department shall have the following authority, which shall not...
§ 12-5-324. Power of Board to Promulgate Rules and Regulations - The board shall have the authority to promulgate rules and...
§ 12-5-325. Additional Duties of Department - The department shall, in addition to its other duties prescribed...
§ 12-5-326. Duties of Other State Agencies in Relation to This Part - All state agencies shall coordinate and cooperate with the department...
§ 12-5-327. Duty of Department to Prepare Document for Submission to Governor; Duty to Prepare Report Every Three Years - History. Code 1981, § 12-5-327 , enacted by Ga. L....
§ 12-5-328. Nothing in Part to Be Construed as Waiver of Federal Immunity or Consent for Other State to Exercise Jurisdiction - Nothing contained in this part shall be construed as a...
Article 5 - Rivers and River Basins
§ 12-5-331. Duties and Powers of Department as to Development of State’s Rivers - History. Ga. L. 1953, Nov.-Dec. Sess., p. 67, §§ 5,...
Part 2 - Georgia Scenic River System
§ 12-5-350. Short Title - This part shall be known and may be cited as...
§ 12-5-351. Definitions - As used in this part, the term: History. Ga. L....
§ 12-5-352. Rivers Comprising the Georgia Scenic River System - History. Ga. L. 1969, p. 933, § 3; Ga. L....
§ 12-5-353. Duties of Department as to Scenic Rivers - History. Ga. L. 1969, p. 933, § 4; Ga. L....
§ 12-5-354. Construction, Operation, or Maintenance of Dams, Reservoirs, or Other Structures on Scenic Rivers; Acquisition of Land Within Boundaries of Scenic Rivers - After designation of any river or section of a river...
Part 3 - Dam Safety
§ 12-5-370. Short Title - This part shall be known and may be cited as...
§ 12-5-371. Declaration of Purpose - It is the purpose of this part to provide for...
§ 12-5-372. Definitions - As used in this part, the term: History. Ga. L....
§ 12-5-373. Powers and Duties of Director Generally - In addition to any other powers and duties provided for...
§ 12-5-374. Powers and Duties of Board as to Dams and Artificial Barriers - In the performance of its duties, the board shall: History....
§ 12-5-375. Inventory and Classification of Dams; Investigations; Technical Assistance to Local Government; Artificial Barriers; Notice Requirements; Provision of Information Regarding Dams to Clerks of Superior Courts - History. Ga. L. 1978, p. 795, § 6; Ga. L....
§ 12-5-376. Permits to Construct and Operate Dams - History. Ga. L. 1978, p. 795, § 7; Ga. L....
§ 12-5-376.1. Subclassification of Category I Dams by Director; Minimum Spillway Design Requirements - Click to view Based on visual inspection and detailed hydrologic...
§ 12-5-377. Dam Removal - History. Ga. L. 1978, p. 795, § 8.
§ 12-5-378. Inspection of Dams and Other Barriers; Administrative Orders to Enforce Compliance; Emergency Action by Director - History. Ga. L. 1978, p. 795, § 9.
§ 12-5-379. Investigations; Right of Access by Division; Right to Require Statements and Reports Regarding Construction and Operation of Dams; Refusal of Access or Interference - History. Ga. L. 1978, p. 795, § 10.
§ 12-5-380. Administrative and Judicial Review - Any person who is aggrieved or adversely affected by an...
§ 12-5-380.1. Orders of Director or Administrative Law Judge Filed in Superior Court; Effect of Filing - The division may file in the superior court in the...
§ 12-5-381. Injunctive Relief - Whenever in the judgment of the director any person has...
§ 12-5-382. Power of Commissioner of Transportation as to Contracts Relating to Part - The commissioner of transportation is authorized to enter into contracts...
§ 12-5-383. Liability for Damages - History. Ga. L. 1978, p. 795, § 4; Ga. L....
§ 12-5-384. Conformance to and Compliance With Part Required - It shall be unlawful for any person to own, construct,...
§ 12-5-385. Criminal and Civil Penalties - History. Ga. L. 1978, p. 795, § 14.
Part 4 - Development of Chattahoochee River Basin
§ 12-5-400. Short Title - This part shall be known and may be cited as...
§ 12-5-401. Purpose - It shall be the purpose of the Department of Natural...
§ 12-5-402. Powers and Duties of Department - History. Ga. L. 1967, p. 805, §§ 4, 6; Ga....
Part 5 - Development of Altamaha River Basin
§ 12-5-420. Short Title - This part shall be known and may be cited as...
§ 12-5-421. Purpose - It shall be the purpose of the Department of Natural...
§ 12-5-422. Powers and Duties of Department - History. Ga. L. 1970, p. 632, §§ 4, 6; Ga....
Part 6 - Protection of Metropolitan Rivers
§ 12-5-440. Short Title - This part shall be known as and may be cited...
§ 12-5-441. Definitions - As used in this part, the term: (5.1) “Commission” means...
§ 12-5-442. Legislative Findings and Purposes - History. Ga. L. 1973, p. 128, § 3; Code 1981,...
§ 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 - The commission shall, consistent with the purposes of this part:...
§ 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 - History. Ga. L. 1973, p. 128, § 5; Ga. L....
§ 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...
§ 12-5-447. Minimum Standards for Certificates and Recommendations - Every certificate issued by a governing authority and every recommendation...
§ 12-5-448. Appeal - Any person aggrieved by any final determination, cease and desist...
§ 12-5-449. Other Laws Not Superseded by Part - The requirements of this part are in addition to and...
§ 12-5-451. Uses to Which Part Inapplicable - This part shall not apply to the following uses: History....
§ 12-5-452. Cease and Desist Orders; Injunctions; Land-Disturbing Activities as Nuisances; Penalty; Jurisdiction of Actions - History. Ga. L. 1973, p. 128, § 13; Code 1981,...
§ 12-5-453. Local Regulation of Land in Drainage Basins; Enforcement Where Local Regulation Inadequate; Failure of Governing Authority to Meet Requirements - History. Code 1981, § 12-5-453 , enacted by Ga. L....
§ 12-5-454. Removal of Sand From Watercourse - Notwithstanding any other provisions of this part to the contrary,...
§ 12-5-455. Plan and Application for Certificate Open to Public Inspection - The plan, every proposed version thereof, every revision thereof, and...
§ 12-5-456. Commission to Notify Local Authorities of Violations of This Part; Director’s Powers in Absence of Local Action; Hearings on Violations - History. Code 1981, § 12-5-456 , enacted by Ga. L....
§ 12-5-457. Environmental Protection Division’s Powers and Duties Unaffected by Part - No provision of this part shall repeal, supersede, or preempt...
Article 6 - Water Supply
§ 12-5-470. Short Title - This article shall be known and may be cited as...
§ 12-5-470.1. Construction With Other Provisions - History. Code 1981, § 12-5-470.1 , enacted by Ga. L....
§ 12-5-471. Definitions - As used in this article, the term: (1.1) “County” means...
§ 12-5-472. Acquisition, Construction, and Maintenance of Projects Authorized; Standards and Procedures; Sites Inventory; Mitigation Banks; Costs - History. Code 1981, § 12-5-472 , enacted by Ga. L....
§ 12-5-472.1. Procurement of Permits, Licenses, and Permissions; Designation of Principal State Agency - History. Code 1981, § 12-5-472.1 , enacted by Ga. L....
§ 12-5-473. Powers of Water Supply Division Generally - The division shall have the following powers: History. Code 1981,...
§ 12-5-474. Rentals, Fees, and Other Charges; Deposit of Funds; Terms and Conditions for Use of Project - History. Code 1981, § 12-5-474 , enacted by Ga. L....
§ 12-5-475. Rules and Regulations - History. Code 1981, § 12-5-475 , enacted by Ga. L....
§ 12-5-476. Contracts With Local Governments for Planning, Construction, Management, and Maintenance; Coordination - History. Code 1981, § 12-5-476 , enacted by Ga. L....
§ 12-5-476.1. Fees for Services - History. Code 1981, § 12-5-476.1 , enacted by Ga. L....
§ 12-5-477. Supplemental Nature of Provisions - The provisions of this article shall be deemed to provide...
§ 12-5-478. Liberal Construction - This article, being for the welfare of this state and...
§ 12-5-479. Contracts With Public Entities for Services or Use of Facilities or Equipment; User Agreement for Provision of Environmental Services - History. Code 1981, § 12-5-479 , enacted by Ga. L....
§ 12-5-480. Use of Services of Georgia State Financing and Investment Commission; Selection of Professional Services - The division shall be authorized to utilize the financial advisory...
§ 12-5-481. Legislative Findings - It is found, determined, and declared that the carrying out...
§ 12-5-482. Failure of Local Government to Collect and Remit All Amounts Due; Withholding of State Funds - History. Code 1981, § 12-5-482 , enacted by Ga. L....
§ 12-5-483. Waiver of Costs or Fees - Any waiver by the division or the department of any...
§ 12-5-484. Legislative Oversight Committee; Membership; Responsibilities - There is created as a joint committee of the General...
Article 7 - Costs of Oil Spill Response
§ 12-5-500. Definitions - As used in this article, the term: History. Code 1981,...
§ 12-5-501. Liability for Removal Costs or Damages; Exceptions - History. Code 1981, § 12-5-501 , enacted by Ga. L....
Article 8 - Comprehensive State-Wide Water Management Planning
§ 12-5-520. Short Title - This article shall be known and may be cited as...
§ 12-5-521. Definitions - As used in this article, the term: History. Code 1981,...
§ 12-5-522. Policy Statement for Comprehensive State-Wide Water Management Plan; Guiding Principles; Requirements of Plan; Regional Plans; Compliance With Plans - History. Code 1981, § 12-5-522 , enacted by Ga. L....
§ 12-5-523. Cooperation With Water Council; Involvement of Stakeholders; Initial Draft Plan - History. Code 1981, § 12-5-523 , enacted by Ga. L....
§ 12-5-524. Water Council Created; Obligations of Council - History. Code 1981, § 12-5-524 , enacted by Ga. L....
§ 12-5-525. Approval by General Assembly; Alternative to Passage by Legislature; Emergency Actions by Water Council in Event of Imminent Peril; Review and Revision of Plan - then the comprehensive state-wide water management plan submitted latest in...
Article 9 - Flint River Drought Protection
§ 12-5-540. Short Title - This article shall be known and may be cited as...
§ 12-5-541. Legislative Intent - History. Code 1981, § 12-5-541 , enacted by Ga. L....
§ 12-5-542. Definitions - As used in this article, except where otherwise specifically provided,...
§ 12-5-543. Establishment of Drought Abatement Program; Rules and Regulations - History. Code 1981, § 12-5-543 , enacted by Ga. L....
§ 12-5-544. Powers of Director - In the performance of his or her duties, the director...
§ 12-5-545. Administration of Fund - The authority shall administer the drought protection funds provided to...
§ 12-5-546. Prediction of Drought; Irrigation Reduction Auction; Agreement - History. Code 1981, § 12-5-546 , enacted by Ga. L....
§ 12-5-546.1. Enhancement of Programming and Incentives; Scheduling Irrigation Efficiencies; Modifying Water Withdrawal Permits; Coordination of Efforts - History. Code 1981, § 12-5-546.1 , enacted by Ga. L....
§ 12-5-546.2. Notification in Advance of Any State Funded Augmentation Projects - History. Code 1981, § 12-5-546.2 , enacted by Ga. L....
§ 12-5-547. Director’s Orders - If the director determines that the total number of nonirrigated...
§ 12-5-548. Investigations and Inspections - History. Code 1981, § 12-5-548 , enacted by Ga. L....
§ 12-5-549. Compliance; Violations - History. Code 1981, § 12-5-549 , enacted by Ga. L....
§ 12-5-550. Repayment Penalty; Notice of Violation; Time Limit to Respond to Notice of Violation; Failure to Respond to Notice of Violation - History. Code 1981, § 12-5-550 , enacted by Ga. L....
Article 10 - Metropolitan North Georgia Water Planning District
§ 12-5-570. Short Title - This article shall be known and may be cited as...
§ 12-5-571. Legislative Intent - History. Code 1981, § 12-5-571 , enacted by Ga. L....
§ 12-5-572. Creation; Purpose - History. Code 1981, § 12-5-572 , enacted by Ga. L....
§ 12-5-573. Definitions - As used in this article, the term: History. Code 1981,...
§ 12-5-574. Powers; Approval of Plan Non-Binding on Finances; Extension of Time for Preparing Plan - History. Code 1981, § 12-5-574 , enacted by Ga. L....
§ 12-5-575. Board Created; Appointments; Vacancies; Terms - History. Code 1981, § 12-5-575 , enacted by Ga. L....
§ 12-5-576. Open Meetings; Quorum; Voting; Executive Sessions - History. Code 1981, § 12-5-576 , enacted by Ga. L....
§ 12-5-577. Operating Budget; Sources of Funding; Power to Enter Into Contracts and to Expend Funds; Depositing - History. Code 1981, § 12-5-577 , enacted by Ga. L....
§ 12-5-578. Adjoining Counties or Municipalities Application to Be Added to the District Area - Any county or municipality adjoining a member county or municipality...
§ 12-5-579. Staffing; Cooperation Among Agencies - History. Code 1981, § 12-5-579 , enacted by Ga. L....
§ 12-5-580. Coordinating Committees; Finance Committees - History. Code 1981, § 12-5-580 , enacted by Ga. L....
§ 12-5-581. Advisory Councils - History. Code 1981, § 12-5-581 , enacted by Ga. L....
§ 12-5-582. Model Ordinances for Effective Storm-Water Management and for a District-Wide Watershed Management Plan; Annual Review; Public Meetings; Certification by Director; Local Compliance - History. Code 1981, § 12-5-582 , enacted by Ga. L....
§ 12-5-583. Short-Term and Long-Term Plans for Waste-Water Management Plan; Annual Review; Public Meetings; Certification by Director - History. Code 1981, § 12-5-583 , enacted by Ga. L....
§ 12-5-584. Water Supply and Water Conservation Management Plan; Interbasin Transfers - History. Code 1981, § 12-5-584 , enacted by Ga. L....
§ 12-5-585. Education and Public Awareness - Any district plan required to include an element of education...
§ 12-5-586. Annual Report Detailing Activities and Progress - The district shall submit a written report not later than...