08 HB 68/AP
House
Bill 68 (AS PASSED HOUSE AND SENATE)
By:
Representative Barnard of the
166th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia
Annotated, relating to coastal waters, beaches, and sand dunes, so as to change
certain provisions relating to applicability of the Coastal Marshlands
Protection Act; to provide for maintenance of certain exempted docks; to provide
an exemption for a single private dock built by the owners of certain adjoining
lots; to change certain provisions relating to automatic repeal of the Georgia
Coastal Management Act; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating
to coastal waters, beaches, and sand dunes, is amended in Code Section 12-5-295,
relating to applicability of the Coastal Marshlands Protection Act, by revising
paragraph (7) and adding a new paragraph 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.
The
lot owner shall and is authorized to maintain the structure in good condition
and repair the same as necessary, and the use of repair or replacement materials
comparable in quality to the original authorized materials shall be sufficient
for such purposes;
or
(7.1)
The building of a single private dock by the owners of up to four adjoining
lots, each of which is riparian and would qualify for an exemption as provided
in paragraph (7) of this Code section, for the exclusive noncommercial use
of such owners or their invitees and constructed as a single walkway on pilings
above the marsh grass not obstructing tidal flow and in a size to be determined
by the department taking into consideration the number of adjoining lots
utilizing the dock; provided, however, that the exemption provided by this
paragraph shall apply only if each of the owners of such adjoining lots has
entered into a binding covenant that runs with the land, in favor of the state,
which covenant prohibits the building of any future private dock on his or her
lot unless the dock exempted pursuant to this paragraph is removed or converted
to a single-family private dock which would qualify for an exemption as provided
in paragraph (7) of this Code section. The granting of the exemption provided
by this paragraph shall be the state´s consideration for the covenant of
each such lot owner. The lot owners shall and are authorized to maintain the
structure in good condition and repair the same as necessary, and the use of
repair or replacement materials comparable in quality to the original authorized
materials shall be sufficient for such purposes;
or"
SECTION
2.
Said
article is further amended by revising Code Section 12-5-329, relating to
automatic repeal of the Georgia Coastal Management Act, as follows:
"12-5-329.
Unless
reestablished or continued by the General Assembly, this part shall stand
repealed in its entirety on July 1, 2009
Reserved."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.