Title 12, Chapter 5, Section 231
( 12-5-231)
The General Assembly finds and declares that coastal sand dunes,
beaches, sandbars, and shoals comprise a vital natural resource
system, known as the sand-sharing system, which acts as a buffer to
protect real and personal property and natural resources from the
damaging effects of floods, winds, tides, and erosion. It is
recognized that the coastal sand dunes are the most inland portion
of the sand-sharing system and that because the dunes are the
fragile product of shoreline evolution, they are easily disturbed by
actions harming their vegetation or inhibiting their natural
development. The General Assembly further finds that offshore
sandbars and shoals are the system's first line of defense against
the potentially destructive energy generated by winds, tides, and
storms, and help to protect the onshore segment of the system by
acting as reservoirs of sand for the beaches. Removal of sand from
these bars and shoals can interrupt natural sand flows and can have
unintended, undesirable, and irreparable effects on the entire
sand-sharing system, particularly when the historical patterns of
sand and water flows are not considered and accommodated. Also, it
is found that ocean beaches provide an unparalleled natural
recreation resource which has become vitally linked to the economy
of Georgia's coastal zone and to that of the entire state. The
General Assembly further finds that this natural resource system is
costly, if not impossible, to reconstruct or rehabilitate once
adversely affected by man related activities and is important to
conserve for the present and future use and enjoyment of all
citizens and visitors to this state and that the sand-sharing system
is an integral part of Georgia's barrier islands, providing great
protection to the state's marshlands and estuaries. The General
Assembly further finds that this sand-sharing system is a vital area
of the state and is essential to maintain the health, safety, and
welfare of all the citizens of the state. Therefore, the General
Assembly declares that the management of the sand-sharing system has
more than local significance, is of equal importance to all citizens
of the state, is of state-wide concern, and consequently is properly
a matter for regulation under the police power of the state. The
General Assembly further finds and declares that activities and
structures on offshore sandbars and shoals, for all purposes except
federal navigational activities, must be regulated to ensure that
the values and functions of the sand-sharing system are not
impaired. It is declared to be a policy of this state and the intent
of this part to protect this vital natural resource system by
allowing only activities and alterations of the sand dunes and
beaches which are considered to be in the best interest of the state
and which do not substantially impair the values and functions of
the sand-sharing system and by authorizing the local units of
government of the State of Georgia to regulate activities and
alterations of the ocean sand dunes and beaches and recognizing
that, if the local units of government fail to carry out the
policies expressed in this part, it is essential that the department
undertake such regulation. |