07 LC
25 4649
House
Bill 42
By:
Representatives Barnard of the
166th,
Stephens of the
164th,
Lane of the
167th,
Hill of the
180th,
and Carter of the
159th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 12-5-295 of the Official Code of Georgia Annotated, relating
to inapplicability of the Coastal Marshlands Protection Act to certain
activities, so as to provide for matters relative to certain private docks
exempted from said Act; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 12-5-295 of the Official Code of Georgia Annotated, relating to
inapplicability of the Coastal Marshlands Protection Act, is amended by revising
paragraph (7) as follows:
"(7)
The building of a private dock exclusively for the noncommercial use of the
owner or his or her invitees and constructed on pilings, the walkways of which
are above the marsh grass not obstructing tidal flow, by:
(A)
The owner of a lot on which a detached single-family residence is located on
high land adjoining such dock; or
(B)
The owner of a lot having at least 50 front feet of land abutting the marshlands
which contains high land suitable for the construction of a detached
single-family residence and where the construction of such a residence is not
prohibited;
provided,
however, that any revocable license issued for use of beds of tidewaters owned
by the state for purposes of a private dock exempted by this paragraph shall not
be revoked solely because of maintenance or repairs made to such dock as long as
such maintenance and repairs do not change the original plan for which license
was granted. The licensee shall have the authority to replace walkway, pilings,
platform, and floating dock with like kind material for which it was originally
licensed. In no way shall the licensee enlarge the length or width of structure
without obtaining a modification of the original
license; or"
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.