12 LC 40
0084
House
Bill 1064
By:
Representatives Spencer of the
180th,
Stephens of the
164th,
Stephens of the
161st,
Williams of the
165th,
Atwood of the
179th,
and others
A
BILL TO BE ENTITLED
AN ACT
To
amend Code Section 12-5-288 of the Official Code of Georgia Annotated, relating
to activities and structures considered to be contrary to the public interest
for purposes of issuing permits allowing alteration of coastal marshlands, so as
to repeal the provision related to occupying live-aboards; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 12-5-288 of the Official Code of Georgia Annotated, relating to
activities and structures considered to be contrary to the public interest for
purposes of issuing permits allowing alteration of coastal marshlands, is
amended by revising subsection (b) as follows:
"(b)
The amount of marshlands to be altered must be minimum in size. The following
activities and structures are normally considered to be contrary to the public
interest when located in coastal marshlands but the final decision as to whether
any activity or structure is considered to be in the public interest shall be in
the sound discretion of the committee:
(1)
Filling of marshlands for residential, commercial, and industrial
uses;
(2)
Filling of marshlands for private parking lots and private
roadways;
(3)
Construction of dump sites and depositing of any waste materials or dredge
spoil;
(4)
Dredging of canals or ditches for the purpose of draining coastal
marshlands;
(5)
Mining;
(6)
Construction of lagoons or impoundments for waste treatment, cooling,
agriculture, or aquaculture which would occupy or damage coastal marshlands or
life forms therein;
and
(7)
Construction of structures which constitute an obstruction of view to adjoining
riparian landowners, including signs and
enclosures;
and
(8)
Occupying a live-aboard for more than 30 days during any calendar year;
provided, however, that the commissioner may grant extensions of time beyond 30
days to persons making a request in writing stating the reasons for such
extension. Owners of docks where live-aboards are moored as well as owners and
occupants of live-aboards are responsible under this
part."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.