Title 12, Chapter 5, Section 443
( 12-5-443)
The center shall, consistent with the purposes of this part: (1) Prepare, adopt, and keep up to date one or more comprehensive,
coordinated land and water use plans for the stream corridor. The
plan, as prepared and approved by the center, shall set land use
criteria for flood and flood damage prevention, erosion and
siltation control, water quality protection, and intensity of
development in the stream corridor. In preparing, adopting, and
updating the plan, the center shall be authorized to account for
the varying characteristics of different sections of the stream
corridor and set land use criteria accordingly. At least eight
weeks prior to adoption of a plan for all land brought within the
stream corridor on or after July 1, 1998, notice that the property
is subject to the "Metropolitan River Protection Act," including
notice of the process of adoption of the plan to be followed by
the center, shall be provided by United States mail to each
property owner within the affected portion of the stream corridor
as shown by the prior year's property tax records. The failure of
any owner to actually receive such notice shall not affect the
applicability of the plan to such owner's property or create any
cause of action for damages or equitable relief. The plan, as
adopted by the center, shall be transmitted to each political
subdivision by June 16, 1973. The plan as adopted by the center
for any and all land brought within the stream corridor after
March 1, 1983, shall be transmitted to each political subdivision
and to the director by July 1, 1983. The plan adopted by the
center for any and all land brought within the stream corridor on
or after July 1, 1998, shall be transmitted to each political
subdivision and to the director by October 1, 1998. The center
may, after hearing, utilize or adopt an existing plan or plans as
the plan called for by this part. The center may from time to
time revise the plan or portions thereof, and any such revisions
of the plan shall be transmitted promptly after adoption. Prior
to the adoption of the plan, or of any substantial portion or any
revision of the plan, the center shall hold a public hearing on
the proposed plan, or portion or revision thereof, in each county
in which any land affected by the plan or, in the case of a
portion or revision of the plan, in which any land affected by
such portion or revision lies. The center shall cause notice of
the time and place of each such public hearing to be published
once a week for two weeks in one or more newspapers of general
circulation in each county in which land to be affected lies. Any
such land and water use plan shall be prepared in consultation and
with assistance of the county or city governing authority where
the land to be affected lies; (2) Foster and undertake such studies of water and related land
resources problems in the stream corridor as are necessary in the
preparation or revision of the plan; (3) Make such rules and regulations as may be necessary to
implement the purposes of this part and to administer and
implement this part and all rules, regulations, and orders
promulgated under this part. A copy of any rules and regulations
promulgated pursuant to this paragraph by a center which is also a
metropolitan area planning and development commission created
pursuant to Article 4 of Chapter 8 of Title 50 shall be provided
to the Georgia Senate Natural Resources Committee and the Georgia
House of Representatives Natural Resources and Environment
Committee; and (4) Charge a reasonable fee to each applicant for review of any
application for a certificate, which fee shall be sufficient to
defray all or any portion of the administrative costs of review of
the application by the center and of the cost to the center of
monitoring and inspection of compliance with such certificates. |