Title 12, Chapter 5, Section 297
( 12-5-297)
Any person who causes or permits any removal, filling, dredging, or
draining or other alteration of marshlands in this state within the
estuarine area thereof without first obtaining a permit from the
committee shall be liable in damages to the state and any political
subdivision thereof for any and all actual or projected costs,
expenses, and injuries occasioned by such alteration of the
marshlands. The amount of damages assessed pursuant to this Code
section shall include, but shall not be limited to, any actual or
projected costs and expenses incurred by the state or any political
subdivision thereof in restoring as nearly as possible the natural
movement of the waters in the marshlands and replacing the
vegetation and aquatic life destroyed by any alteration of
marshlands. Damages to the state shall be recoverable in a civil
action instituted by the department and shall be paid to the
department to cover the cost of restoration. Damages to a political
subdivision shall be recoverable in a civil action instituted by
said subdivision. |