Title 12, Chapter 5, Section 441
As used in this part, the term:
(1) "Applicant" means any person who requests the issuance of a
certificate under this part.
(2) "Area" means a standard metropolitan statistical area
recognized by the United States Department of Commerce, Bureau of
the Census, and as set forth in Appendix C, County_and_City_Data
Commerce,_Bureau_of_the_Census, which is located wholly within the
State of Georgia and having a population of more than 1,000,000
according to the United States decennial census of 1970 or any
future such census.
(3) "Board" means the Board of Natural Resources.
(4) "Center" means the regional development center created for any
county or group of counties included in each such region pursuant
to the authority contained in Article 2 of Chapter 8 of Title 50.
(5) "Certificate" means a building permit or other written
authorization issued under this part and shall include, as a part
thereof, the application and all documents supplied in support
thereof and the approval by the governing authority together with
any conditions thereto.
(6) "Director" means the director of the Environmental Protection
Division of the Department of Natural Resources.
(7) "Flood plain" means that area adjacent to a major stream which
is subject to being flooded with a probable frequency of at least
once every 100 years. The center shall delineate the flood plain
and in doing so may utilize or adopt studies prepared by the Corps
of Engineers, United States Army, or such other studies as the
center deems competent.
(8) "Governing authority" means the governing authority of a political subdivision or, except for the purposes of paragraph (2) of subsection (c) of Code Section 12-5-445, a committee of such governing authority.
(9) "Impoundment" means any body of water, formed by a dam, which
is less than 25,000 acres in size.
(10) "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.
(11) "Major stream" means any stream or river, whether navigable
or nonnavigable, which flows through any area and which is the
source of at least 40 percent of the public water supply of any
(12) "Owner" means the record title owner, according to the deed
records, of the land described in an application for a certificate
and may or may not be the same person as the applicant. For
purposes of this part, if the owner is a corporation, notice shall
be given to the legal representative as delineated by records kept
in the office of the Secretary of State.
(13) "Person" means any individual, partnership, corporation,
trust, entity, or authority and shall include the State of
Georgia, its political subdivisions, and all its departments,
boards, bureaus, commissions, or other agencies.
(14) "Plan" means the comprehensive plan or plans prepared by the center pursuant to Code Section 12-5-443.
(15) "Political subdivision" means a county or a municipality in
which the section of the river corridor to be affected or any part
thereof is located.
(16) "Public notice" means a legal notice in a newspaper of
general circulation in the political subdivision at least once a
week for two consecutive weeks.
(17) "Stream corridor" means all land in the area in the
watercourse, within 2,000 feet of the watercourse, or within the
flood plain, whichever is greater.
(18) "Tributary" means any flowing stream which flows into the
major stream at a point which is within the stream corridor.
(19) "Watercourse" means the banks of a major stream, including
any impoundments thereon, in the area as defined by the low-water
mark of such stream and any impoundments and including the entire
bed of such stream and any impoundments and all islands therein,
from the point where the stream enters the area downstream to the
point where the stream leaves the area.