08 LC 25
5271S
The
Senate Natural Resources and the Environment Committee offered the following
substitute to HB 68:
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 applicability of the Coastal Marshlands Protection Act, so as to provide an
exemption for a single private dock built by the owners of certain adjoining
lots; 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
applicability of the Coastal Marshlands Protection Act, is amended by striking
the word "or" at the end of paragraph (7) and by adding immediately following
paragraph (7) a new paragraph as follows:
"(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; or"
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.