Bill Text: GA SB402 | 2009-2010 | Regular Session | Engrossed
Bill Title: Land Conservation; redefine certain terms
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2010-07-01 - Effective Date [SB402 Detail]
Download: Georgia-2009-SB402-Engrossed.html
10 LC
25 5684
Senate
Bill 402
By:
Senators Tolleson of the 20th, Bulloch of the 11th and Hooks of the 14th
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 12-6A-2 of the Official Code of Georgia Annotated, relating
to definitions relative to land conservation programs and projects, so as to
redefine certain terms; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 12-6A-2 of the Official Code of Georgia Annotated, relating to
definitions relative to land conservation programs and projects, is amended by
revising paragraphs (5), (9.1), and (10) as follows:
"(5)
'Conservation land' means permanently protected land and water, or interests
therein, that is in its undeveloped, natural state or that has been developed
only to the extent consistent with, or is restored to be consistent with, one or
more of the following
goals
conservation
purposes:
(A)
Water quality protection for rivers, streams, and lakes;
(B)
Flood protection;
(C)
Wetlands protection;
(D)
Reduction of erosion through protection of steep slopes, areas with erodible
soils, and stream banks;
(E)
Protection of riparian buffers and other areas that serve as natural habitat and
corridors for native plant and animal species;
(F)
Protection of prime agricultural and forestry lands;
(G)
Protection of cultural sites, heritage corridors, and archeological and historic
resources;
(H)
Scenic protection;
(I)
Provision of recreation in the form of boating, hiking, camping, fishing,
hunting, running, jogging, biking, walking, or similar outdoor activities;
and
(J)
Connection of existing or planned areas contributing to the goals set out in
this paragraph."
"(9.1)
'Nongovernmental entity' means a nonprofit organization the primary purposes of
which are the permanent protection and conservation of land and natural
resources, as
evidenced by the organizational
documents."
"(10)
'Permanently protected land and water' means those resources:
(A)
Owned by the federal government and designated for recreation, conservation, or
natural resource;
(B)
Owned by the State of Georgia and dedicated as a heritage preserve;
(C)
Owned by a state or local unit of government or authority and subject
to:
(i)
A conservation easement that ensures that the land will be maintained
as
conservation land
for
conservation purposes;
(ii)
Contractual arrangements that ensure that, if the protected status is
discontinued on a parcel, such property will be replaced by other conservation
land which at the time of such replacement is of equal or greater monetary and
resource protection value;
(iii)
A restrictive covenant in favor of a federal governmental entity;
or
(iv)
A permanent restrictive covenant as provided in subsection (c) of Code Section
44-5-60;
(D)
Owned by any person or not for profit or for profit entity, subject to a
conservation easement that ensures that the land will be maintained
as
conservation land
for
conservation purposes; or
(E)
Permanently
legally protected by any other method that ensures the conservation land will
remain forever in uses which further the goals of this
chapter
Acquired with
funds from the revolving loan fund, owned by a nongovernmental entity, and
subject to a contractual agreement that ensures that the land will not be
disposed of except for conservation purposes during the period that the loan is
outstanding."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.