Title 12, Chapter 5, Section 282
( 12-5-282)
As used in this part, the term: (1) "Applicant" means any person who files an application under
this part. (2) "Board" means the Board of Natural Resources. (3) "Coastal marshlands" or "marshlands" means any marshland
intertidal area, mud flat, tidal water bottom, or salt marsh in
the State of Georgia within the estuarine area of the state,
whether or not the tidewaters reach the littoral areas through
natural or artificial watercourses. "Vegetated marshlands" shall
include those areas upon which grow one, but not necessarily all,
of the following: salt marsh grass (Spartina alterniflora), black
needlerush (Juncus roemerianus), saltmeadow cordgrass (Spartina
patens), big cordgrass (Spartina cynosuroides), saltgrass
(Distichlis spicata), coast dropseed (Sporobolus virginicus),
bigelow glasswort (Salicornia bigelovii), woody glasswort
(Salicornia virginica), saltwort (Batis maritima), sea lavender
(Limonium nashii), sea oxeye (Borrichia frutescens), silverling
(Baccharis halimifolia), false willow (Baccharis angustifolia),
and high-tide bush (Iva frutescens). The occurrence and extent of
salt marsh peat at the undisturbed surface shall be deemed to be
conclusive evidence of the extent of a salt marsh or a part
thereof. (4) "Commissioner" means the commissioner of natural resources. (5) "Committee" means the Coastal Marshlands Protection Committee
created by this part. (6) "Eligible person" means any person who is the owner of high
land adjoining the state owned marshland or water bottoms, or
combination thereof, sought to be leased by said person such that
at least 100 percent of the landward boundary of the state owned
marshland or water bottom, or combination thereof, sought to be
leased is bordered by said adjoining high land. (7) "Estuarine area" means all tidally influenced waters, marshes,
and marshlands lying within a tide-elevation range from 5.6 feet
above mean tide level and below. (8) "Live-aboard" means a floating vessel or other water craft
which is moored to a dock, tree, or piling or anchored in the
estuarine waters of the state and is utilized as a human or animal
abode. Live-aboards include but are not limited to monohulls,
multihulls, houseboats, floating homes, and other floating
structures which are used for human or animal habitation. (9) "Minor alteration" means any change in the marshlands which,
taken singularly or in combination with other changes, involve
less than 0.10 acres. Minor alteration also includes renewal of
permits previously issued by the committee. (10) "Person" means any individual, partnership, corporation,
municipal corporation, county, association, or public or private
authority, and shall include the State of Georgia, its political
subdivisions, and all its departments, boards, bureaus,
commissions, or other agencies, unless specifically exempted by
this part. (11) "Political subdivision" means the governing authority of a
county or a municipality in which the marshlands to be affected or
any part thereof are located. (12) "Private dock" means a structure built onto or over the marsh
and submerged lands which is used for recreational fishing and
other recreational activities, is not available to the public,
does not have enclosures, and does not create a navigation hazard;
provided, however, that a private dock may be covered and screened
with wainscotting not higher than three feet and may be equipped
with a hoist. |