Title 12, Chapter 16, Section 3
( 12-16-3)
As used in this chapter, the term: (1) "A proposed governmental action which may significantly
adversely affect the quality of the environment" means a project
proposed to be undertaken by a government agency or agencies, for
which it is probable to expect a significant adverse impact on the
natural environment, including the state's air, land, water,
plants, animals, historical sites or buildings, or cultural
resources. Such actions shall not include: (A) emergency measures
undertaken in response to an immediate threat to public health or
safety; or (B) activities in which government agency participation
is ministerial in nature, involving no exercise of discretion on
the part of the government agency. (2) "Director" means the director of the Environmental Protection
Division of the Department of Natural Resources. (3) "Division" means the Environmental Protection Division of the
Department of Natural Resources. (4) "Environmental effects report" means a report on a proposed
governmental action which may significantly adversely affect the
quality of the environment. (5) "Government agency" means any department, board, bureau,
commission, authority, or other agency of the state. (6) "Land-disturbing activity" means scraping, plowing, clearing,
dredging, grading, excavating, transporting, or filling of land or
placement of any structure or impervious surface, dam,
obstruction, or deposit or placement of or alteration to any
structure on or eligible for the Georgia Register of Historic
Places; provided, however, that agricultural practices involving
the establishment, cultivation, or harvesting of products of the
field or orchard; the preparation and planting of pasture land;
farm ponds; dairy operations; livestock and poultry management
practices; and forestry land management practices, including
harvesting of less than five acres of trees over two inches in
diameter at breast height, are excluded from the definition of
land-disturbing activity. (7) "Proposed governmental action" means any proposed
land-disturbing activity by a government agency or funded by a
grant from a government agency, any proposed sale or exchange of
more than five acres of state owned land, or any proposed
harvesting of five acres or more of trees over two inches in
diameter at breast height, but the term proposed governmental
action does not include, among other things, the following: (A) Any action or undertaking of a nongovernmental entity, even
if that action or undertaking requires a permit, license, or
other approval by a government agency; (B) Any action or undertaking of a municipality, a county, or an
authority of a municipality or county, unless more than 50
percent of the total cost is funded by a grant of a government
agency or a grant of more than $250,000.00 is made by a
government agency;
(C) The permitting or licensing by a government agency of an
action or undertaking; (D) The promulgation and implementation of rules and regulations
by a government agency; (E) The sale of bonds by a government agency or any program of
loans funded by the sale of bonds by a government agency; or (F) Litigation decisions made by a government agency. (8) "Responsible official" means the official or body in charge of
or authorized to act on behalf of a government agency. |