Combined coastal management program and draft environmental impact statement for the State of Georgia

[From the U.S. Government Printing Office, www.gpo.gov]

STATE OF GEORGIA

COASTAL
MANAGEMENT
PROGRAM and

DRAFT
ENVIRONMENTAL
IMPACT STATEMENT

August
1997

Prepared By:
National Oceanic and Atmospheric AdministrationRSOCS
Office of Ocean and Coastal Resource Management ~ J
Georgia Department of Natural ResourcesGERI
Coastal Resources Division

' UNITED STATES DEPARTMENT OF l
Office of the Under Secretary for
Oceans and Atmosphere
~Amfs ~ Washington, D.C. 20230

Dear Reviewer:

In accordance with the provisions of Section 102(2) (C) of
the National Environmental Policy-Act of 1969 (NEPA), we enclose
for your review and consideration the Georgia Coastal Management
Program Document/Draft Environmental Impact Statement (P/DEIS) on
the approval of the Georgia Coastal Management Program by the
National Oceanic and Atmospheric Administration (NOAA), pursuant
to the Federal Coastal Zone Management Act of 1972, as amended
(CZMA).

This P/DEIS is prepared pursuant to NEPA to assess the
environmental impacts associated with NOAA approval of the
Georgia Coastal Management Program (GCMP). The P/DEIS contains
an overview of the GCMP and describes how it meets the
requirements of the CZMA (Part I), a detailed description of the
GCMP (Part II), and expected environmental impacts associated
with approving, delaying, or denying approval of the program
(Part III). Also, this P/DEIS will form the basis for the Final
Environmental Impact Statement that NOAA will prepare.

Any written comments you may have should be submitted to the
responsible official identified below by October 20, 1997. Also,
one copy of your comments should be sent to me in Room 5805, PSP,
U.S. Department of Commerce, Washington, D.C. 20230. A public
hearing on this DEIS is scheduled for September 24, 1997 at 7:00
P.M. at the Holiday Inn at the junction of Rt. 17 and 1-95 in
Richmond Hill, Georgia.

RESPONSIBLE PERSON
Joseph A. Uravitch
Chief, Coastal Programs Division
SSMC4, Room 11537
1305 East-West Highway
Silver Spring, MD 20910
(301) 713-3155, extension 195

For additional information on this document, please contact
Joshua Lott at (301) 713-3117, extension 178.

Sincerely,

Susan B. Fruchter
Acting NEPA Coordinator

Enclosure w.0 ,ts

United States Department of Commerce

Combined Coastal Management Program and
Draft Environmental Impact Statement for
the State of Georgia

August 1997

Prepared by:

Office of Ocean and Coastal Resource Management
National Oceanic and Atmospheric Administration
U.S. Department of Commerce
1305 East-West Highway, N/ORM3
Silver Spring, Maryland 20910

and

Coastal Resources Division
Georgia Department of Natural Resources
One Conservation Way, Suite 300
Brunswick, Georgia 31520-8687

The preparation of this publication was financed by the Office of
Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration
through award #NA67OZ0310 under the Coastal Zone Management Act of 1972, as amended.

ABSTRACT

DESIGNATION: Draft Environmental Impact Statement

TITLE: Proposed Federal Approval of the Georgia Coastal Management Program

ABSTRACT: The State of Georgia has submitted its Coastal Management Program to
the Office of Ocean and Coastal Resource Management for approval
pursuant to section 306 of the Federal Coastal Zone Management Act of
1972, as amended (CZMA), 16 U.S.C. �� 1451 et seq. Approval would
allow program administrative grants to be awarded to the state and would
require that Federal actions be consistent with the program. This
document includes a copy of the program, which is a comprehensive
management program for coastal land and water use activities. It consists
of numerous policies on diverse management issues which are
administered under Georgia laws and is the culmination of several years of
program development. The Georgia Coastal Management Program
promotes the beneficial use of coastal resources, prevents their
impairment, and manages maj or activities that substantially affect
numerous resources. The program will enhance decision-making
processes used for determining the appropriateness of actions in the
coastal area.

Approval and implementation of the program will enhance governance of
Georgia's coastal land and water uses according to the coastal policies and
standards contained in Georgia's statutes, authorities and rules. Federal
alternatives to program approval include delaying or denying approval if
certain requirements of the Coastal Zone Management Act have not been
met. The state could modify parts of the program or withdraw its
application for Federal approval if either of the above Federal alternatives
results from circulation of this document.

APPLICANT: State of Georgia, Department of Natural Resources

LEAD AGENCY: U.S. DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Office of Ocean and Coastal Resource Management

FEDERAL Joshua Lott
CONTACT: Office of Ocean and Coastal Resource Management
NOAA - U.S. Department of Commerce
1305 East-West Highway, N/ORM3
Silver Spring, Maryland 209 10
(301) 713-3117, ext. 178
E-mail: josh.lott~noaa.gov

STATE Kathryn Zagzebski
CONTACT: Coastal Resources Division
Georgia Department of Natural Resources
One Conservation Way, Suite 300
Brunswick, Georgia 31520-8687
(912) 264-7218
E-mail: [email protected]

COMMENTS: Comments on the Draft Environmental Impact Statement are due to
NOAA 45 days after the date of publication.

NOTE TO READERS

The National Environmental Policy Act (NEPA) requires that an environmental impact statement
be prepared as part of the review and approval process by Federal government agencies of major
actions which may significantly affect the quality of the human environment. The Federal action
contemplated is approval of the Georgia Coastal Management Program under section 306 of the
Federal Coastal Zone Management Act of 1972, as amended (CZMA). It is the general policy of
the Federal Office of Ocean and Coastal Resource Management (OCRM) to issue combined
environmental impact statements and program documents.

Part I of this Draft Environmental Impact Statement (DEIS) was prepared jointly by the Office of
Ocean and Coastal Resource Management and the State of Georgia, and provides summary
information concerning the Georgia Coastal Management Program (GCMP), including how the
state has addressed the requirements of the CZMA. Part 11 of the DEIS is a description of
Georgia's Coastal Management Program and was prepared by the state. It has been reviewed by
OCRM and is relied upon as a description of the proposed action for purposes of the NEPA. Part
111 fulfills the remaining NEPA requirements for a DEIS and was prepared by the Office of
Ocean and Coastal Resource Management with assistance from the State of Georgia.

An immediate effect of federal approval of the Georgia program is the qualification of the state
for Federal matching funds for use in administering the program. In addition, the CZMA
provides a procedure for the state to review Federal actions for consistency with its approved
coastal management program.

For purposes of reviewing this proposed action, the key questions are:

-- Whether the Georgia program is consistent with the objectives and policies of the
national legislation;

-- Whether the award of Federal funds under section 306 of the Federal Act will help
Georgia to meet those objectives;

-- Whether Georgia management policies and authorities are adequate to implement
the program; and

-- Whether there will be a net environmental gain as a result of program approval
and implementation.

OCRM has made a preliminary determination that the answers to these questions are affirmative.

GEORGIA COASTAL MANAGEMENT PROGRAM
AND
DRAFT ENVIRONMENTAL IMPACT STATEMENT

TABLE OF CONTENTS

ABSTRACT .................................................................. i

NOTE TO READERS .........................................................iii

PART I: OVERVIEW ....................................................... I-1
Summary of the Georgia Coastal Management Program ....................... - 1
Mission Statement .............................................. - 1
Boundary ..................................................... I-1
Organization ................................................... - 1
Enforceable Policies ............................................. - 4
Uses Subject to Management ...................................... 1-4
Special Management Areas ....................................... - 5
Changes the Program Will Make ......................................... I-6
Simplify Government ............................................ - 6
Improve Enforcement and Compliance .............................. - 7
Enhance Environmental Science and Understanding ................... - 8
Increase Public Education and Outreach ............................. - 9
Initiate Coastal Incentive Grants ................................... - 9
Effects of Federal Approval ....................................... - 9
The Federal Coastal Zone Management Act ............................... - 11
Cross Reference to Program Requirements ................................ - 14

PART II: DESCRIPTION OF THE GEORGIA COASTAL MANAGEMENT PROGRAM
.. . . . . . . . ....... ,...... ..... . . o,,......... . . ,. ..... o ,. ......... .o . .. o H I - 1
Letter from Governor Zell Miller .........................................II - 1
Chapter One: Overview of the Georgia Coastal Management Program ...........II - 3
The Coastal Management Network .................................II - 5
The Coastal Area .........................................II - 5
Network Participants ......................................II- 7
Coastal Management Policies ...............................II - 8
Simplifying Government ...................................II - 8
Public Participation .......................................II - 9
Coastal Management Issues .......................................II- 9
Implementing the Georgia Coastal Management Program .............. Il- 10

Activities Performed Directly by the Coastal Resources Division
..... . ....1.1.-1.. .....1. o ..... ..., I-.1
Activities Implemented Through the Coastal Management Network
..........................................1......I-12
The Federal Coastal Zone Management Program .....................11 - 13
Chapter Two: Georgia's Coast .........................................II - 15
Introduction ..................................................II - 17
History ......................................................11- 17
Natural Environment and Climate .................................II - 20
Coastal Economy ..............................................II - 23
Population Characteristics ....................................... II- 25
Coastal Land Use ..............................................11 - 26
Chapter Three: Goals and Objectives ....................................1u - 29
Mission Statement .............................................II - 31
Program Goals ................................................11 - 31
Resource Goals ...............................................II - 34
Chapter Four: Boundary and Organization ................................-II 37
Coastal Area Boundary .........................................1- 39
Seaward Boundary .......................................1 -39
Interstate Boundary ......................................11 - 39
Inland Boundary ......................................... 11- 39
Areas Excluded from the Boundary ..........................1 1- 41
Program Implementation ........................................ 11- 43
State Legal Authorities and Networking ......................11 - 43
Project Evaluation Procedures of State Authorities .............. II- 52
Enforcement and Compliance of State Legal Authorities .........11 - 61
Water and Air Quality Standards ............................1 1- 61
Program Amendment Procedures ...........................1 1- 62
Conflict Resolution ...................................... 11- 63
Local Government Coordination ..................................II - 64
Recognition of Local Governments ..........................11 - 64
Local Government Involvement ............................II - 64
Local Level Program Implementation ........................ 11- 65
Public Participation ............................................ 11- 68
Federal Coordination ........................................... 11- 72
Chapter Five: Policies and Management Authority ......................... II- 75
Georgia Coastal Management Program Policies ......................11 - 77
Introduction ............................................11 - 77
Policy Statements and General Description ....................II - 78
Other Management Authorities ..................................I1 - 111
Table of Management Authorities ................................ 11- 113
State Programs ...............................................II - 123
State Agencies, Authorities, and Commissions ......................II- 125
Federal Authorities ............................................ 11- 128

Federal Programs ............................................. 11- 136
Chapter Six: Uses Subject to Management ...............................II - 137
Consideration of the National Interest .............................11 - 139
Introduction ........................................... 11- 139
Management for Facilities and Resources in the National Interest
............................................... 11- 140
Activities of Regional Benefit ...................................11 - 143
Activities Subject to Management ................................11 - 145
Development and Manufacturing ...........................II - 147
Transportation Facilities ................................. 11- 153
Agriculture and Silviculture ...............................I1- 158
Recreation and Tourism ..................................1 - 163
Marine Related Facilities .................................II - 168
Fisheries, Aquaculture, and Wildlife ........................ 11- 171
Public Services and Facilities ............................. 11- 176
Dredging ..............................................11- 182
Energy Facility Planning .......................................II - 184
Energy Facilities in Georgia ...............................II - 184
Projected Energy Supply and Demand .......................II - 189
Energy Planning, Applicable Laws, and Regulations ...........II - 190
Public Involvement in the Energy Planning Process ............II - 192
Policies ...............................................II - 193
Description ............................................II- 193
Chapter Seven: Special Management Areas ..............................II - 195
Areas of Particular Concern ..................................... 11- 198
Areas of Historic, Archaeological, Cultural, and Paleoentological
Significance .....................................11 - 199
Barrier Islands .........................................I f- 200
Marsh Hammocks ......................................I u- 201
Aquifer Management and Protection ........................II - 202
Economic Development Areas .............................II - 204
Public Access and Open Space ............................II - 205
Freshwater Wetlands ....................................II - 207
Navigational Channels ...................................11 - 208
Beaches, Dunes, and Sand-Sharing System ...................1 - 209
Rivers and Adjacent Wetlands .............................11 - 210
Shorebird Nesting Areas .................................II - 212
Ocean Management .....................................II - 213
Areas of Preservation and Restoration .............................11 - 215
Heritage Trust Program Lands .............................II - 216
State Wildlife Management Areas ..........................lI - 216
State Parks and Historic Sites .............................11 - 217
Jekyll Island ...........................................11 - 217
Sapelo Island National Estuarine Research Reserve ............II - 218

vii

Shorefront Access and Protection Planning .........................II - 220
Georgia's Barrier Islands .................................II - 220
Access to Non-Beach Shorefront and Marsh Areas .............11 - 224
Planning for Beach and Shorefront Access ...................IH - 225
The Role of Georgia's Coastal Management Program ........... 11- 226
Shoreline Erosion and Hazard Mitigation Planning ..................II- 229
Chapter Eight: Federal Consistency .................................... II- 233
Federal Consistency Procedures ................................. II- 237
Direct Federal Activities and Development Projects ............11 - 238
Federal License or Permit Activities ........................II - 241
Outer Continental Shelf Permits or Licenses ..................11 - 243
Federal Financial Assistance Activities ......................II - 244
Appeals and Conflict Resolution Procedures .......................II - 246
Appeals for State Permits .................................H - 246
Secretarial Mediation of Disputes ..........................II - 246
Informal Negotiation of Disputes .......................... 11- 246
Appeals to the Secretary of Commerce ...................... 11- 247
List of Federal Actions Subject to Federal Consistency ............... II- 248
Direct Federal Activities and Development Projects ............ II- 248
Federal Licenses or Permits ...............................II - 249
Federal Assistance Programs ..............................11 - 251

PART III: REQUIREMENTS OF THE NATIONAL ENVIRONMENTAL POLICY
ACT(NEPA) ....................................................... llI- I
Purpose and Need for Action ........................................... III- 1
The Coastal Zone Management Act (CZMA) ........................ III - 1I
Alternatives to the Proposed Action ..................................... In - 3
Federal Alternatives ............................................ I- 3
Alternative 1: Approve the GCMP .......................... I - 3
Alternative 2: Deny Approval of the GCMP .................. - 3
Alternative 3: Delay Approval of the GCMP .................. 1 - 4
State Alternatives Considered During Program Development ........... III - 5
Consultation and Coordination ................................... III - 6
Description of the Affected Environment ................................. In - 7
Overview ...........................m......................... I- 7
Coastal Area .................................................. In - 7
Physical and Natural Environment ................................ III - 7
Socioeconomic Characteristics .................................. HII- 10
Environmental Quality ......................................... 1II - 17
Environmental Consequences ......................................... m - 21
Positive Impacts Directly Resulting from Federal Approval ............ III - 21
Positive Impacts Directly Attributable to GCMP Approval ............ Il - 24
Impacts Resulting from Denying Federal Approval .................. III - 28
Impacts Resulting from Delaying Federal Approval .................. III - 28

viii

Unavoidable Adverse Environmental Effects ............................. 1I - 29
Relationship between Short-Term Uses of the Environment and the Maintenance
and Enhancement of Long-Term Productivity ....................... III - 29
Irreversible and Irretrievable Commitments of Resources ................... In - 30

PART IV: LIST OF PREPARERS ............................................IV - 1

PART V: LIST OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS RECEIVING
COPIES OF THE DEIS ............................................... V - I

PART VI: REFERENCES ..................................................VI- 1

APPENDIX I: THE GEORGIA COASTAL MANAGEMENT ACT .................Al - 1

APPENDIX 11: DRAFT DEPARTMENT OF NATURAL RESOURCES RULES TO
IMPLEMENT THE GEORGIA COASTAL MANAGEMENT ACT ........... All - 1

APPENDIX III: THE GEORGIA COASTAL MARSHLANDS PROTECTION ACT ... Am - 1

APPENDIX IV: THE GEORGIA SHORE PROTECTION ACT .................. AIV - 1

APPENDIX V: MEMORANDUM OF AGREEMENT BETWEEN THE GEORGIA
ENVIRONMENTAL PROTECTION DIVISION AND THE GEORGIA COASTAL
RESOURCES DIVISION ............................................ AV - 1

APPENDIX VI: SAMPLE MEMORANDUM OF AGREEMENT BETWEEN OTHER
AGENCIES AND THE GEORGIA COASTAL RESOURCES DIVISION ..... AVI - 1

APPENDIX VII: DESCRIPTION OF GEORGIA'S COASTAL NONPOINT SOURCE
PROGRAM ......................................................AVII- 1
Introduction ......................................................AVII- 1
Coordination with Existing State Programs ..............................AVII - 2
Determination of 6217 Management Area ...............................AVII - 2
Identification and Implementation of Additional Management Measures ....... AVII - 2
Technical Assistance ...............................................AVII - 3
Public Participation ................................................AVII - 3
Administrative Coordination .........................................AVII - 3
Identification of Enforceable Policies and Mechanisms .................... AVII - 3
Monitoring .......................................................AVII -7
Implementation of Management Measures in Conformity with (g) guidance .... AVII - 7
Letter from Mr. Duane Harris to Mr. Jeffrey Benoit ...................... AVII - 15

APPENDIX VIII: PUBLIC TASK FORCE RECOMMENDATIONS ............. AVIII - 1
Fish & Wildlife Task Force ................................... AVIII - 3

Agriculture & Silviculture Task Force ........................... AVIII - 5
Public Service Facilities ..................................... AVIIH - 5
Marine Related Facilities ..................................... AVIII - 9
Transportation Task Force ................................... AVIII - 12
Areas of Special Concern Task Force .......................... AVIII - 14
Manufacturing Task Force ................................... AVI - 20
Residential, Commercial, and Industrial Development Task Force ... AVIII - 22
Tourism and Recreation Task Force ........................... AVIII - 25

APPENDIX IX: GLOSSARY .............................................. AIX - 1

APPENDIX X: LIST OF PARTICIPANTS .................................... AX - 1

Part I

OVERVIEW

PART I:
OVERVIEW

A. Summary of the Georgia Coastal Management Program

Recognizing that the coast of Georgia comprises a vital natural resource system, the State
of Georgia created the Georgia Coastal Management Program in order to balance economic
development with preservation of coastal resources. Developed through an extensive public
process, the Georgia Coastal Management Program addresses the economic development
concerns and natural resource issues identified by the citizens of Georgia. Administered by the
Department of Natural Resources, Coastal Resources Division, the Coastal Management
Program uses existing state resource laws and establishes a network among agencies with
management authority in the eleven-county coastal area. The Georgia Coastal Management Act
provides the authority for state agencies to network and coordinate activities, and for the state to
enter the national coastal zone management program.

1. Mission Statement

It is the mission of the Georgia Coastal Management Program to balance economic
development in Georgia's coastal zone with preservation of natural, environmental, historic,
archaeological, and recreational resources for the benefit of Georgia's present and future
generations.

2. Boundary

The influence of the ocean on Georgia's coastal plain extends approximately 60 miles
inland. Georgia's eight-foot tidal range pushes seawater up the coastal rivers twice daily. This
salty tidal water influences the plants, fish, and ecology of the coastal rivers and, consequently,
human activity. The coastal area is important economically for a number of industries including
shrimping, crabbing, recreational fishing, tourism, and manufacturing. For effective coastal
management, the Georgia Coastal Management Program encompasses all tidally influenced
water bodies and all areas economically tied to coastal resources. Georgia's coastal area therefore
includes the following eleven counties: Brantley, Bryan, Camden, Charlton, Chatham,
Effingham, Glynn, Liberty, Long, McIntosh, and Wayne. Including each of these eleven counties
in the Management Program ensures that all of Georgia's coastal population, industry, and
resources are addressed. Using county boundaries also simplifies the relationship with local
governments and ensures that other programs and agencies in the coastal network can relate to
the coastal area boundaries.

3. Organization

The Georgia Coastal Management Program is a networked program implemented by the
Department of Natural Resources, Coastal Resources Division and other agencies with

management authority in the coastal area. As lead agency for the Coastal Management Program,
the Coastal Resources Division conducts several functions including resource management,
ecological monitoring, permitting, technical assistance, and federal consistency review. Local,
state, and federal agencies perform their respective functions in accordance with the Georgia
Coastal Management Program and coordinated with the Coastal Resources Division.

a. Activities Performed Directly by the Coastal Resources Division

i. Resource Management: The Coastal Resources Division manages marine resources by
conducting research and surveys, monitoring saltwater fish stocks, enhancing marine access,
constructing inshore artificial reefs, and educating coastal residents on fisheries issues. Research
and monitoring activities focus on spotted sea trout and red drum. Enhancing marine access
includes construction of fixed and floating docks at existing boat ramp sites, maintenance of boat
ramps, and conversion of existing shoreside structures into public piers. Staff are actively
involved in marine education with field demonstrations and presentations to school groups, civic
groups, and conservation associations.

ii. Ecological Monitoring: The Coastal Resources Division monitors coastal water
quality and implements the National Shellfish Sanitation Program for the State of Georgia.
These responsibilities include labeling areas open and/or closed to shellfishing, analyzing water
quality, issuing shellfish harvest permits, educating the public on shellfishing safety issues, and
implementing other programs that monitor and improve coastal water quality.

iii. Direct Permit Authorities: The Coastal Resources Division administers several State
authorities. With the approval of the Coastal Marshlands Protection Committee and the Shore
Protection Committee, the Division issues Marsh Permits, Shore Permits, and the Revocable
License. The Division also executes leases for state owned water bottoms. In addition, the
Division makes recommendations on 401 Water Quality Certification issuance for projects that
affect the coastal area. Together, these programs give direct management authority over critical
coastal habitats such as saltwater marshlands, beaches and the dynamic dune field, tidal
waterbottoms, and navigable waters.

iv. Technical Assistance: In order to minimize adverse impacts and coordinate the
permitting process, the Coastal Resources Division provides technical assistance for projects.
The Division provides information on Best Management Practices and technical guidance on
planning, construction, and design as well as information on habitat and endangered species. The
Division also maintains a list of contacts in various agencies and institutions so that applicants
and project designers can consult with local experts and design their projects appropriately. The
Division serves as a liaison among agencies and provides forums for prospective applicants and
developers to discuss potential issues and permit requirements with the appropriate agencies.
The goals of this service are to promote quality development, to address resource issues, and to
simplify the permit process and requirements for applicants.

v. Federal Consistency Review: With a federally approved Coastal Management
Program, the Coastal Zone Management Act gives the State of Georgia authority to review
federal permits and licenses, federal projects, and federally funded projects that impact the
coastal area. The Coastal Resources Division reviews these activities to ensure that they are
consistent with the Georgia Coastal Management Program.

b. Activities Implemented Through the Coastal Management Network

i. Local governments include each of the eleven coastal counties and the 32 incorporated
municipalities in these counties. Local governments create local comprehensive plans, establish
zoning rules and regulations, and set overall land use guidelines. Local governments, assisted by
chambers of commerce and economic development authorities, also promote the benefits of
living, working, and visiting in the coastal area. Through the Georgia Coastal Management
Program, the Coastal Resources Division assists local governments by providing technical
assistance and expertise in addressing planning, coastal, and natural resource issues, and by
administering Coastal Incentive Grants.

ii. State agencies in Georgia implement a wide range of programs managing coastal
resources and development. Groundwater withdrawals, energy facility regulation, regional
planning, and port development are just a few activities administered at the state level. The
Georgia Coastal Management Program establishes a network among state agencies to provide
better and more consistent service to the public, increase coordination and communication,
provide assistance in project planning, and increase monitoring and enforcement. Through
Memoranda of Agreement, state agencies commit to working together to coordinate their coastal
management activities. This increased coordination helps applicants during the project planning
process and the permit application process. The Coastal Resources Division acts as a liaison
between private individuals and state agencies to help identify the necessary permits required for
a project, provide consultation about potential project limitations, and suggest possible
alternatives. State agencies involved in the Georgia Coastal Management Program network
include the following.

DNR Coastal Resources Division Department of Human Resources
DNR Environmental Protection Division Georgia Department of Transportation
DNR Historic Preservation Division Georgia Forestry Commission
DNR Parks, Recreation, and HI-storic Sites Georgia Ports Authority
Division Jekyll Island Authority
DNR Wildlife Resources Division Office of the Secretary of State
Department of Community Affairs Public Service Commission

iii. Federal agencies conduct many projects and activities in Georgia's coastal area. The
federal government also owns land, such as military bases, that are managed by federal agencies.
These agencies administer federal laws and programs such as national defense, endangered
species protection, navigational channel maintenance, and shipping safety standards
establishment. Usually, federal projects and activities are exempt from State laws and
regulations. With a federally approved Coastal Management Program, however, federal law

< Part I1-3 >

allows the Coastal Resources Division to review federal activities for consistency with state laws.
Through increased cooperation and this consistency review, federal-state coordination ensures
that the state has input into federal activities in the coastal area. Federal agencies involved in the
coastal management network include the following.

Army Corps of Engineers Federal Highway Administration
Bureau of Lands Management Federal Law Enforcement Training Center
Coast Guard Fish and Wildlife Service
Department of Agriculture General Services Administration
Department of Defense Minerals Management Service
Environmental Protection Agency National Marine Fisheries Service
Federal Aviation Administration National Park Service
Federal Emergency Management Agency Nuclear Regulatory Commission
Federal Energy Regulatory Commission

4. Enforceable Policies

The policies of the Georgia Coastal Management Program are contained within the
enforceable provisions of the following 34 state laws and associated regulations. These laws
were identified based on policy recommendations provided by the public through the program
development process. Implementation of Program policies is accomplished by state, local, and
federal agencies through the coastal management network. The Coastal Resources Division has
direct authority for programs that regulate activities in salt marshlands, beaches and the dynamic
dune field, and tidal water bottoms.

Georgia Coastal Management Act Georgia Natural Areas Act
Coastal Marshlands Protection Act Georgia Oil and Gas and Deep Drilling Act
Department of Natural Resources Authority Georgia Safe Dams Act
Endangered Wildlife Act Georgia Safe Drinking Water Act
Game and Fish Code Georgia Scenic Rivers Act
Georgia Aquaculture Development Act Georgia Scenic Trails Act
Georgia Air Quality Act Georgia Surface Mining Act
Historic Area Act Georgia Underground Storage Tank Act
Georgia Boat Safety Act Georgia Water Quality Control Act
Georgia Administrative Procedures Act Groundwater Use Act
(Revocable License Program) Licenses to Dig, Mine, and Remove Phosphate Deposits
Georgia Comprehensive Solid Waste Protection of Tidewaters Act
Management Act Right of Passage Act
Georgia Environmental Policy Act River Corridor Protection Act
Georgia Erosion and Sedimentation Act Title 31 - Health (Septic Tank Law)
Georgia Fisheries Law Pertaining to Shellfish Shore Protection Act
Georgia Hazardous Waste Management Act Water Wells Standards Act
Georgia Heritage Trust Act Wildflower Preservation Act

5. Uses Subject to Management

Georgia's coast is an area of abundant natural resources. Many activities and industries
depend upon these resources for their economic well-being. Coastal activities, however, are not

< Part I1-4 >

all mutually compatible. Furthermore, certain activities may impact coastal resources. The
Georgia Coastal Management Program addresses the following activities.

Development and Manufacturing Fisheries, Aquaculture, and Wildlife
Transportation Facilities Public Service Facilities
Agriculture and Silviculture Dredging
Recreation and Tourism Energy Facilities
Marine Related Facilities

6. Special Management Areas

Special Management Areas are those areas or resources of such special importance and
concern that the state has established regulatory and/or management controls over them. They
include Areas of Particular Concern and Areas of Preservation and Restoration. The following
Areas of Particular Concern were identified by the public as unique and environmentally fragile
or economically significant to the coastal area and the state.

Areas of Historic, Archaeological, Cultural, Freshwater Wetlands
and Paleontological Significance Navigational Channels
Barrier Islands Beaches, Dunes, and Sand-Sharing System
Marsh Hammocks Rivers and Adjacent Wetlands
Aquifer Management and Protection Shorebird Nesting Areas
Economic Development Areas Ocean Management
Public Access and Open Space

The following were identified as Areas of Preservation and Restoration.

Heritage Trust Program Lands Jekyll Island
State Wildlife Management Areas Sapelo Island National Estuarine Research Reserve
State Parks and Historic Sites

< Part I1- 5>

B. Changes the Program Will Make

The Georgia Coastal Management Program will enhance the state's ability to manage
coastal resources. Specifically, the Program will bring about the following benefits.

1. Simplify Government

One of the primary goals of the Georgia Coastal Management Program is to simplify
bureaucratic processes and serve the public more efficiently. During Program development, the
Coastal Resources Division identified many possibilities for improving government service.
Some of the following simplifications have already been implemented. Some will be enhanced
and some will be initiated once the Program receives federal approval. As the Program is
implemented, the Division will continue to seek other areas for improvement.

a. Revocable License: Required for private use of state owned tidal water bottoms, all
Revocable Licenses are issued for projects in the coastal area. This license is often issued in
conjunction with a Marsh Permit or Shore Permit. The Revocable License was formerly
administered in Atlanta, far from the coast, while the Coastal Resources Division in Brunswick
reviewed similar information for Marsh and Shore permits. Through the coastal management
evaluation process, staff discerned the Revocable License could more effectively and efficiently
be administered at the Coastal Resources Division, thereby eliminating duplication of effort.
Issuance of the License was subsequently transferred to the Coastal Resources Division.

b. State Programmatic General Permitfor Recreational Docks: The U.S. Army Corps
of Engineers, working with local building officials, is authorized to issue general permits for
constructing recreational docks in the coastal area. This permit requires review very similar to
the process for Marsh Permits and the Revocable License. To eliminate duplication of effort and
paperwork, a permit issued by the Army Corps of Engineers to the Coastal Resources Division
allows the Division to issue this State Programmatic General Permit for Recreational Docks.
This delegation of authority removes the Corps from the process and reduces the regulatory
burden on the public.

c. Technical Assistance Initiative: The Coastal Resources Division provides guidance to
local governments, property owners, developers, and the public to clarify regulations, identify
agency contacts, advise on minimizing environmental impacts of proposed projects, and provide
expertise on coastal issues. Upon implementation of the Georgia Coastal Management Program,
the Division will expand this effort. The goal of the technical assistance initiative is to create a
central source of information on coastal management issues and regulations.

d. Project Review Service: Though not required, the Coastal Resources Division
encourages applicants in the eleven-county coastal area to submit preliminary development plans
for consultation. Upon implementation of the Georgia Coastal Management Program, Division

staff will review plans for potential conflicts with the Program's enforceable policies and provide
technical assistance to help modify proposals and resolve conflicts. The staff will identify any
required permits, licenses, and/or certifications relative to specific projects submitted for
consultation and will also make every effort to expedite application processes.

e. Project Coordination Meetings: Upon implementation of the Georgia Coastal
Management Program, the Coastal Resources Division will offer project coordination meetings.
These occasional meetings of permitting agencies will be convened at the request of applicants to
discuss project proposals. The purpose of the meetings is to foster agency coordination and
cooperation with respect to specific projects, and is not intended as an additional public review of
the merits of the proposed project. Project coordination meetings allow applicants to meet
relevant state and federal permitting agencies during the project planning process, and also allow
permitting agencies to provide input during this planning and design phase. This helps the
applicant avoid delays during construction, helps agencies avoid conflict between respective
recommendations, and helps applicants and agencies avoid last-minute change requests.

f. Interagency Coordination Meetings: Upon implementation of the Georgia Coastal
Management Program, the Coastal Resources Division will organize quarterly meetings of all
state, local, and federal permitting agencies exercising regulatory authority and/or management
or planning authority in the coastal area. Representatives from al agencies in the coastal
management network shall be invited and urged to attend these meetings. The purpose of the
meetings is to foster agency coordination with respect to agency policies and procedures, discuss
issues, and improve cooperation. The meetings are not intended to review individual projects.

g. 401 Water Quality Certification Review: The Coastal Resources Division will assist
the Environmental Protection Division with its administration of Section 401 Water Quality
Certification within the eleven-county coastal area. The purpose of this cooperation is to make
administrative procedures more efficient by providing technical expertise in the coastal area.

h. Savannah Site Office: As described in Section 2 below, the Coastal Resources
Division will open a site office in Savannah to provide better service to citizens in Chatham
County and surrounding areas. In addition, opening the Savannah site office will allow
associates in the Brunswick office to provide better service to the rest of the coast.

2. Improve Enforcement and Compfliance

Permits and authorizations have little effect if not adequately monitored and enforced.
Another goal of the Georgia Coastal Management Program is to improve enforcement of and
compliance with existing environmental regulations. The Coastal Resources Division will take
the following actions towards this goal, and will encourage other agencies to improve
enforcement and compliance of authorizations within their jurisdiction.

< Part I1-7 >

a. Establish Site Office in Savannah: In order to improve service to applicants and
monitoring of permits and licenses in the northern part of the Georgia Coast, the Coastal
Resources Division established a site office in Savannah, Chatham County. The permit
coordinator hired to staff the site office provides technical assistance to permit applicants,
conducts site inspections, and enforces permits and licenses issued by the Division. The addition
of another permit coordinator to the Divisions regulatory staff allows associates to provide better
enforcement and monitoring of the coast. Improved enforcement leads to improved compliance.

b. Simplify Government: Improved administrative and regulatory processes, as described
in Section 1 above, allow Coastal Resources Division staff to spend less time in the office
processing paperwork and more time in the field conducting site inspections and enforcing
permits and licenses.

c. Increase Technical Assistance and Public Education: The Coastal Resources
Division's technical assistance initiatives and public outreach and education initiatives, described
in Sections 1 and 4 of this part, will improve the public's understanding of permit requirements
and rationale. Improved understanding leads to improved compliance.

3. Enhance Environmental Science and Understanding

Through the Georgia Coastal Management Program, the Coastal Resources Division
seeks to enhance environmental science and understanding.

a. Public Health Program: The Coastal Resources Division monitors coastal water
quality and implements the National Shellfish Sanitation Program for the State of Georgia.
These responsibilities include labeling areas open and/or closed to shellfishing, analyzing water
quality, educating the public on shellfishing safety issues, and implementing other programs that
monitor and improve coastal water quality. While the Division has always administered the
Georgia Shellfish Program, implementation of the Georgia Coastal Management Program
increases funding for monitoring projects.

b. Cooperative Projects: Coastal Resources Division staff members cooperate formally
and informally with agencies, universities, and other organizations regarding environmental
science and monitoring projects. Upon implementation of the Georgia Coastal Management
Program, the Division will seek additional partnerships to improve scientific understanding of
Georgia's coastal environment.

c. Coastal Incentive Grants: Through the Coastal Incentive Grants described in Section
5 below, the Coastal Resources Division will fund coastal environmental research and
monitoring projects that further the goals of the Georgia Coastal Management Program.

d. Public Education: Improvements made in public outreach and education, described in
Section 4 below, will increase the public's understanding of coastal environmental science.

4. Increase Public Education and Outreach

a. Public Education and Outreach Coordinator: Throughout the development of the
Georgia Coastal Management Program, the public placed a high priority on improving public
education. As a result, the Coastal Resources Division is hiring a public education and outreach
coordinator to inform the public about coastal resource issues.

b. Coastal Ark: The Coastal Resources Division is developing "The Coastal Ark," a
public and local government outreach and technical initiative. The Ark is a mobile resource
platform that will be driven to local communities to provide information and management tools
directly to resource users and local decision-makers. Although funded through alternative
sources, the Ark is an important component of the Georgia Coastal Management Program's
outreach efforts.

c. Technical Assistance: As described in Section I above, the additional resources
gained upon implementation of the Georgia Coastal Management Program will allow the Coastal
Resources Division to increase the level of technical assistance provided to permit applicants,
local governments, organizations, and the public. This will improve public knowledge and
education about coastal issues.

5. Initiate Coastal Incentive Grants

While the Coastal Resources Division and other agencies in the coastal management
network implement the regulatory authorities of the Georgia Coastal Management Program, these
agencies have few resources for non-regulatory projects. In order to enhance the coastal area and
further the goals of the Coastal Management Program proactively and creatively, the Division
will initiate a program to provide "Coastal Incentive Grants." The Division will award these
grants on a competitive basis to local governments, educational and research institutions, and
state agencies for projects of local and regional significance. Through this funding program,
coastal issues and concerns will be defined at the grass-roots level and local communities and
organizations will be provided with the financial resources to research, develop, and implement
solutions.

6. Effects of Federal Approval

Although some of the above changes are not dependent on federal approval of the
Georgia Coastal Management Program, others may be implemented only with a federally
approved program. Following is a summary of the additional benefits of federal approval.

a. Funding: Upon implementation of the Georgia Coastal Management Program,
Georgia will become eligible for approximately $950,000 annually in federal program
implementation funds. In addition, after the first year the state may take advantage of an
additional $200,000 (approximately) annually in federal program enhancement funds to improve
the Coastal Management Program.

< Part I1-9 >

b. Technical Assistance: With an approved Coastal Management Program, Georgia may
take better advantage of technical service initiatives provided by federal agencies. For example,
the National Oceanic and Atmospheric Administration, Office of Ocean and Coastal Resource
Management provides information and technical support, and also relates coastal issues to the
Administration. A uniformed service of the Administration, the NOAA Corps provides research
vessels, equipment, and technical staff. The NOAA Coastal Services Center in Charleston,
South Carolina provides technical support to develop projects such as Geographic Information
Systems and resources such as Environmental Sensitivity Index maps.

c. Federal Consistency: While federal agencies and activities are usually exempt from
state laws, states with federally approved coastal management programs gain review authority
over federal activities. The federal Coastal Zone Management Act is the only law that provides
this power to the states. This authority also gives states an equal voice with respect to interstate
issues. Upon federal approval of its Coastal Management Program, Georgia will gain this
important state's right authority.

< Part I- 10 >

C. The Federal Coastal Zone Management Act

In 1972, in response to intense pressure on coastal resources, and because of the
importance of coastal areas of the United States, Congress passed the Coastal Zone Management
Act (CZMA), 16 U.S.C. �� 1451, et seq. The CZMA authorizes a federal program to encourage
coastal states and territories to develop comprehensive coastal management programs. The
CZMA has been reauthorized on several occasions, most recently in 1996 with the enactment of
the Coastal Zone Protection Act of 1996 (P.L. 104-150). The program is administered by the
Secretary of Commerce, who in turn has delegated this responsibility to the National Oceanic and
Atmospheric Administration's (NOAA) National Ocean Service (NOS). Currently, 31 states and
territories have coastal programs approved by the Assistant Administrator of the National Ocean
Service.

The CZMA affirms the national interest in the effective protection and careful
development of the coastal zone by providing assistance and encouragement to coastal states to
voluntarily develop and implement management programs for their coastal areas. To provide
coastal states and territories with the means for achieving these objectives, the CZMA authorizes
financial assistance grants under Section 305 for program development and under Section 306 for
program implementation. The Section 305 program development grants were reauthorized by
Congress in the 1990 amendments to the CZMA (P.L. 101-508) and in the 1996 amendments to
the CZMA (P.L. 104-150). The NOAA Office of Ocean and Coastal Resource Management
(OCRM) awarded the Georgia Department of Natural Resources (DNR) a Section 305 grant of
$135,000 on October 1, 1992 to begin development of the GCMP, with subsequent grants of
$200,000 in 1993 and $150,000 in both 1995 and 1996.

Sections 305, 306, and 307 of the CZMA and implementing regulations published on
June 28, 1996, as codified at 15 C.F.R. Part 923, provide the requirements and procedures for
state management program development and federal approval. In summary, the requirements for
program approval are that a state develop a management program that achieves the following.

1. Identifies and evaluates those coastal resources recognized in the Act that require
management or protection by the state or territorial government;

2. Reexamines existing policies or develops new policies to manage these resources.
These policies must be specific, comprehensive, and enforceable, and must
provide an adequate degree of predictability as to how coastal resources will be
managed;

3. Determines specific uses and special geographic areas that are to be subject to the
management program, based on the nature of identified coastal concerns. Uses
and areas subject to management should be based on resource capability and
suitability analyses and socioeconomic considerations;

Section 312 directs the Secretary to evaluate the performance of state coastal management
programs on a continuing basis. OCRM formally reviews the implementation of each state
program on a three year cycle.

Section 315 establishes a National Estuarine Research Reserve System to preserve
representative estuarine areas for long-term scientific and educational purposes. The Sapelo
Island National Estuarine Research Reserve in Georgia was designated in 1976.

The Coastal Zone Act Reauthorization Amendments of 1990 (CZARA) established a new
Coastal Nonpoint Pollution Control Program (CNPC), in addition to updating the CZMA. The
State of Georgia has agreed to submit an approvable CNPC to NOAA and the U.S.
Environmental Protection Agency (EPA) within 30 months of program approval. After Georgia
submits its coastal nonpoint program, NOAA and EPA will make a final determination regarding
its compliance with Section 6217.

4. Identifies the inland and seaward areas subject to the management program;

5. Provides for consideration of the national interest in planning for the siting of
facilities; and

6. Includes sufficient legal authorities and organizational structure to implement the
program and to ensure conformance to it.

In arriving at these substantive aspects of the management program, states are obligated
to follow an open process that involves providing information to and considering the interests of
the general public, interest groups, local governments, and regional, state, interstate, and federal
agencies.

Section 303 of the CZMA provides guidance on specific national objectives that warrant
full consideration during the implementation of approved state coastal management programs.

Section 305 of the CZMA authorizes up to four annual grants to states desiring to develop
a coastal management program. After its management program receives federal approval, the
state is then eligible for annual grants under Section 306 to implement the program. Section
306A of the CZMA also provides that states may use a portion of their Section 306 awards for
low cost construction projects that result in the preservation of important natural areas, improved
public access, or renewal of urban waterfronts.

Section 307 contains the Federal Consistency provisions of the CZMA to ensure that
federal actions are consistent with the state's federally approved management program.
Paragraphs (1) and (2) of Section 307(c) require that federal activities and federal development
projects in or affecting the coastal zone be consistent, to the maximum extent practicable, with a
federally approved state management program. Subparagraphs (A) and (B) of Section 307(c)
require that federally licensed and permitted activities affecting the coastal zone also be
consistent with federally approved state management programs. Section 307(d) requires federal
assistance to state and local governments for projects affecting the coastal zone to be consistent
with federally approved state management programs. Federal regulations implementing Section
307 are found at 15 C.F.R. Part 930.

Section 309 establishes a coastal enhancement grant program. This section provides that
a portion of Section 306 funds is available to states to develop program changes that strengthen
their coastal zone management programs' ability to address particular coastal issues. State
efforts to seek such improvements are meant to focus on priorities based on a self-assessment of
the nine objectives listed in Section 309. These objectives include, among others, stronger
wetland protection, improved management of coastal hazards, and additional public access.

< Part I- 12>

D. Cross Reference to Program Requirements

The following table summarizes how the Georgia Coastal Management Program meets
the requirements of the Coastal Zone Management Act.

CZMA
CZMA Section Requirements Approval Regulations DEIS Part II
(15 C.F.R. Section)
306(d)(1) Full participation/program
adequacy ....................... 923.3 Full document

306(d)(2)(A) Boundaries ..................... 923.31 - 923.34 Ch. 4, Sec. I

306(d)(2)(B) Uses subject to management ........ 923.11 Ch. 6

306(d)(2)(C) Areas of particular concern ......... 923.21, 923.22 Ch. 7, Sec. I

306(d)(2)(D) Means of control ................. 923.41 Ch. 4, 5

306(d)(2)(E) Guidelines on priorities of uses ...... 923.21 Ch. 7, Sec. I, II

306(d)(2)(F) Organizational structure ........... 923.46 Ch. 4, Sec. II

306(d)(2)(G) Shorefront planning process ........ 923.24 Ch. 7, Sec. HI

306(d)(2)(H) Energy facility planning process ..... 923.13 Ch. 6, Sec. IV

306(d)(2)(I) Erosion planning process .......... 923.25 Ch. 5, Sec. I;
Ch. 7, Sec. II

306(d)(3)(A) Plan Coordination ................ 923.56 Ch. 4

306(d)(3)(B) Continuing consultation mechanisms . 923.57 Ch. 4, Sec. III, IV

306(d)(4) Public Hearings .................. 923.58 Ch. 4, Sec. 11, IV

306(d)(5) Gubernatorial review and approval... 923.48 Gubernatorial
Letter

306(d)(6) Designation of recipient agency ..... 923.47 Gubernatorial
Letter

306(d)(7) Organization .................... 923.46 Ch. 4, Sec. II

CZMA
CZMA Section Requirements ADproval Regulations DEIS Part II
(15 C.F.R. Section)
306(d)(8) Adequate consideration of
national interests ................. 923.52 Ch. 6, Sec. I

306(d)(9) Areas for preservation/restoration .... 923.22 Ch. 7, Sec. II

306(d)(10)(A) Administer regulations; control ..... Ch. 4, Sec. II;
development; resolve conflicts ...... 923.41 Ch. 5

306(d)(10)(B) Powers of acquisition, if necessary ... 923.41 Ch. 6, Sec. II

306(d)(11) Techniques of control ............. 923.41 - 923.44 Ch. 4, Sec. II;
Ch. 5

306(d)(12) Uses of regional benefit ........... 923.12 Ch. 6, Sec. II

306(d)(13) Inventory and designation of coastal
resources of national significance
and enforceable policies to protect
such resources ................... No Regulations Ch. 6, Sec. I

306(d)(14) Public participation in permitting
consistency and other similar ....... Ch. 5, Sec. I;
decisions ....................... No Regulations Ch. 8

306(d)(15) State agency adherence to program ... No Regulations Ch. 4, Sec. II;
Ch. 5

306(d)(16) Enforceable policies to implement
Coastal Nonpoint Source Program ... 6217 Guidance
required by CZARA � 6217 ........ issued Jan. 1993 Ch. 4, App. VII

307(b) Consideration of federal agency
views .......................... 923.51 Ch. 4, Sec. V

307(c)&(d) Federal consistency procedures ...... 923.53 Ch. 8

307(f) Incorporation of federal air and ..... Ch. 4, Sec. II;
water quality standards ............ 923.45 Ch. 5, Sec. I

< Part I - 16 >

Part II

DESCRIPTION OF THE GEORGIA
COASTAL MANAGEMENT PROGRAM

STATE OF GEORGIA
OFFICE OF THE GOVERNOR
ATLANTA 30334-0900
Zell Miller
GOVERNOR April21, 1997

Dr. D. James Baker
Under Secretary for Oceans and Atmosphere and
Administrator, National Oceanic and Atmospheric Administration
Herbert C. Hoover Building, Room 5128
14th and Constitution Avenue, N.W.
Washington, D.C. 20230

Dear Dr. Baker.

On behalf 'of the State of Georgia, I hereby submit the Georgia Coastal Management
Program to the National Oceanic and Atmospheric Administration for approval under the Coastal
Zone Management Act.

The accompanying Program Document describes the organization, authority and policies
of the State of Georgia for balancing economic development in Georgia's coastal zone with
preservation of natural, environmental, historic, archeological, and recreational resources. The
Program Document has been developed with full public participation and with careful
consideration of comments by the National Oceanic and Atmospheric Administration on Draft
Program Documents.

I have reviewed and certify that the State of Georgia has the authority and the
organization capabilities to implement the Georgia Coastal Management Program. I further
designate the Department of Natural Resources as the agency to receive and administer grants
-under the Coastal Zone Management Act.

If you have any questions, please contact Lonice Barrett, Commissioner, Department of
Natural Resources at 404-656-3500. I look forward to continued cooperation with the National
Oceanic and Atmospheric Administration as we work to manage our coastal resources.

Sincerely,

eIfMler

ZM/jlc
cc: Lonice Barrett
Jeff Benoit, Director, NOANOCRM

CHAPTER ONE:

IOVERVIEW OF THE GEORGIA

COASTAL MANAGEMENT PROGRAM

When the "study of the household" (ecology) and the "management of the household"
(economics) can be merged, and when ethics can be extended to include
environmental as well as human values, then we can be optimistic about the future of
humankind. Accordingly, bringing together these three "E's" is the ultimate holism and
the great challenge for our future.
Eugene P. Odumn
Ecology and Our Endangered Life-Support Systems

OVERVIEW OF THE GCMP

Mission Statement:
It is the mission of the Georgia Coastal Management Program to balance
economic development in Georgia 's coastal zone with preservation of natural,
environmental, historic, archaeological, and recreational resources for the
benefit of Georgia 's present and future generations.

SECTION I:
THLE COASTAL MANAGEMENT NETWORK

The Georgia Coastal Management Program addresses the economic development
concerns and natural resource issues identified by the citizens of Georgia. Administered by the
Coastal Resources Division of the Georgia Department of Natural Resources, the Program is a
network of local, State, and federal agencies addressing coastal issues. By establishing this
network, there is more coordination among agencies, better service provided to the taxpayers,
and improved management of coastal resources.

A. The Coastal Area

For effective coastal management, the Georgia Coastal Management Program
encompasses all tidally-influenced water bodies and all areas economically tied to coastal
resources. Georgia's coastal area therefore includes the following eleven counties: Brantley,
Bryan, Camden, Charlton, Chatham, Effingham, Glynn, Liberty, Long, McIntosh, and Wayne.
Within these eleven counties, all waters of the state including the coastal ocean to the limit of
state jurisdiction (three miles), and all submerged lands are part of the coastal area. Including
each of these eleven counties in the Management Program ensures that all of Georgia's coastal
population, industry, and resources are addressed. Using county boundaries also simplifies the
relationship with local governments and ensures that other programs and agencies in the coastal
network can relate to the coastal area boundaries.

< Part 11 - 5>

CHAPTER ONE

FIGURELV Map of the Georgia Coastal Area

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< Part fl - 6 >

OVERVIEW OF THE GCMP

B. Network Participants

Local governments create local comprehensive plans, establish zoning rules and
regulations, and set overall land use guidelines. Local governments are also active in promoting
the benefits of living, working, and visiting in the coastal area. The importance of local
governments in planning and setting the pace of development is paramount. The Coastal
Resources Division's role in the Georgia Coastal Management Program is to assist local
governments by providing technical assistance and expertise in addressing planning and coastal
issues, and by administering pass-through grants.

State agencies in Georgia implement a wide range of programs managing coastal
resources and development. Groundwater withdrawals, energy facility regulation, regional
planning, and port development are just a few activities administered at the State level. With so
many programs and agencies working separately, sometimes management efforts are not
coordinated or are contradictory. These problems are confusing to the public and do not
effectively manage our resources. The Georgia Coastal Management Program establishes a
network among State agencies to provide better and more consistent service to the public,
h ~~~increase coordination and communication, provide assistance in project planning, and increase
monitoring and enforcement.

Through the State network and formal agreements called "Memoranda of Agreement,"
the Coastal Resources Division ensures that State agencies work together and coordinate their
management programs. This increased coordination helps applicants during the project planning
process and the permit application process. The Coastal Resources Division acts as a liaison
between private individuals and the other State agencies to help identify the necessary permits
required for a project, provide consultation about potential project limitations, and suggest
possible alternatives.

Federal agencies conduct many projects and activities in Georgia's coastal area. The
federal government also owns land, such as military bases, that are managed by federal agencies.
I ~ ~~These agencies administer federal laws and programs such as national defense, endangered
species protection, the dredging of navigational channels, and setting shipping safety standards.
Usually, federal projects and activities are exempt from State laws and regulations. With a
federally approved Coastal Management Program, however, federal activities that are reasonable
likely to affect any coastal use or resource must be conducted consistent to the maximum extent
practical with Georgia's Coastal Management Program, and federal law allows the Coastal
Resources Division to review federal activities for consistency with State laws. Through
increased cooperation and this consistency review, federal-State coordination ensures that the
State has input into federal activities in the coastal area.

< Part 11 -7 >

CHAPTER ONE

C. Coastal Management Policies

The policies of the Georgia Coastal Management Program are contained in existing State
laws and rules and regulations. The implementation of the policies is accomplished through a
network of local, State, and federal agencies. The Coastal Resources Division has direct
authority for programs that regulate activities in marsh areas, beach areas, and tidal water
bottoms.

Coastal management policies are categorized to address the following issues:

Public Involvement Public Service Facilities
Development and Manufacturing Dredging
Transportation Facilities Energy Facilities4
Agriculture and Silviculture Special Management Areas
Recreation and Tourism Shorefront Access and Protection
Marine Related Facilities Shoreline Erosion and Hazard
Fisheries, Aquaculture, and Wildlife Mitigation Planning

Issues identified by the general public through nine task forces generated over 350
recommendations. These recommendations provide the basis for identifying existing
management authorities applicable in the coastal area. These recommendations are included
verbatim in this document (See Appendix VIII) and are considered when developing annual
themes and funding criteria for Coastal Incentive Grants.

D. Simplifying Government

One of the main goals of the Georgia Coastal Management Program is to simplify the4
bureaucratic process and to serve the public more efficiently. During the development of the
Program, a review of the various programs and requirements was completed. Many possibilities
for improving service were identified. The simplifications listed below have already been
implemented. Others are dependent upon the implementation of an approved Coastal
Management Program.

Revocable License: This license is issued for private use of State-owned tidal water
bottoms; all of these licenses are issued for projects in the coastal area. This license is often
issued in conjunction with a Marsh Permit or Shore Permit, which are evaluated by Coastal
Resources Division of the Department of Natural Resources. The Revocable License was
formerly administered in Atlanta, far from the coast, while the staff at the Coastal Resources

< Part 11 - 8>

OVERVIEW OF THE GCMP

Division reviewed similar information for Marsh and Shore permits in Brunswick. Through the
coastal management evaluation process, staff discovered the Revocable License could more
effectively and efficiently be administered at the Coastal Resources Division, eliminating this
duplication of effort.

State Programmatic General Permit for Recreational Docks: The Army Corps of
Engineers, together with local building officials, is authorized to issue general permits for
construction of recreational docks in the coastal area. This process requires paperwork and
review very similar to the process for Marsh Permits and the Revocable License. Since this is a
duplication of effort and paperwork, a permit issued by the Army Corps of Engineers to the
Coastal Resources Division allows the Division to issue this State Programmatic General Permit,
thereby removing the Corps from the process and reducing the regulatory burden on the public.

Technical Assistance Initiative: The Coastal Resources Division provides guidance to
local governments, property owners, and developers during the project planning stages to clarify
what the regulations are, what permits may be needed, who the agency contacts are, and to
provide advice on project alternatives to minimize impacts. The goal of this initiative is to create
a central source of information on coastal management issues and regulations, and to simplify the
permit process.

E. Public Participation

Public participation in the development and implementation of coastal management is
critical to its success. Throughout the development of the Georgia Coastal Management
Program, public comments were accepted and public meetings were held to seek input from the
Georgia citizens. The Coastal Resources Division has an active public education and outreach
program to educate the public on coastal issues. The Division utilized an appointed citizen's
Coastal Advisory Committee, public Task Forces, and public meetings to solicit public comment.
Additionally, a quarterly newsletter, speeches and presentations, and printed materials have been
developed to educate the public on coastal issues.

SECTION II:
COASTAL MANAGEMENT ISSUES

Georgia has a beautiful coastal area with extensive marshes and attractive beaches.
Economic growth has been healthy and Georgia's coast is considered an ideal place to live, work,
and visit. Coastal Georgia's popularity, however, affects its resources and, potentially, the quality

< Part Il -9 >

CHAPTER ONE

of life on the coast. Activities in the coastal area are not all mutually compatible. Conflicts and
resource limitations are already affecting coastal communities. Coastal issues need to be
addressed through a comprehensive management program that considers all aspects of coastal
resource use. Issues important to Georgia's coast that have been addressed in the Georgia Coastal
Management Program are listed below.

Water Supply Limitations Declining Fishery Populations
Identification of Historic Sites Increased Population Growth
Impacts to Endangered Species Dredging and Material Disposal
Beach Erosion and Hazard Problems Lack of Beach Access
Water Quality Degradation Need for Energy Planning

As Georgia grows in population, these issues become more pressing. The Georgia
Coastal Management Program is designed to provide a comprehensive management framework
for addressing coastal issues by bringing together relevant private parties, agencies, and the
public. Many of these issues are interrelated and are, therefore, more logically managed by a
comprehensive program. Since a number of different people and programs manage the various
coastal resources and sites, they must conmmunicate and understand each other's objectives. The
Coastal Management Program network establishes this communication among interested parties
and provides a forum to resolve conflicts of use.

SECTION III:
IMPLEMENTING THE
GEORGIA COASTAL MANAGEMENT PROGRAM

The Georgia Coastal Management Program is a networked program implemented by the
Department of Natural Resources, Coastal Resources Division and other State agencies with
management authority in the coastal area. As lead agency for the Coastal Management Program,
the Coastal Resources Division conducts several functions including resource management,
ecological monitoring, permitting, technical assistance, and federal consistency review. Local,
State, and federal agencies perform their respective functions in accordance with the Georgia
Coastal Management Program and coordinated with the Coastal Resources Division. Research
institutions and other organizations assist in information gathering and analysis of coastal
resource issues.

< Partil - 10 >

OVERVIEW OF THE GCMP

A. Activities Performed Directly by the Coastal Resources Division

Resource Management: The Coastal Resources Division manages marine resources by
conducting research and surveys, monitoring saltwater fish stocks, enhancing marine access,
constructing inshore artificial reefs, and educating coastal residents on fisheries issues. Research
and monitoring activities focus on spotted sea trout and red drum. Enhancing marine access
includes construction of fixed and floating docks at existing boat ramp sites, maintenance of
existing boat ramps, and conversion of existing shoreside structures into public piers. Staff are
actively involved in marine education with field demonstrations and presentations to school
groups, civic groups, and conservation associations.

Ecological Monitoring: The Coastal Resources Division monitors coastal water quality
and implements the National Shellfish Sanitation Program for the State of Georgia. These
responsibilities include labelling areas open and/or closed to shellfishing, analyzing water
quality, educating the public on shellfishing safety issues, and implementing other programs that
monitor and improve coastal water quality. While the Coastal Resources Division has always
administered the Georgia Shellfish Program, implementation of a federally-approved Coastal
Management Program increases funding and staff dedicated to monitoring projects.

Direct Permit Authorities: The Coastal Resources Division administers several State
authorities. With the approval of the Coastal Marshlands Protection Committee and the Shore
Protection Committee, the Division issues Marsh Permits, Shore Permits, and the Revocable
License. The Division also executes leases for State-owned water bottoms. In addition, the
Division makes recommendations to the Environmental Protection Division on 401 Water
Quality Certification issuance for projects that affect the coastal area. Marsh Permits and Shore
Permits have always been administered at the Coastal Resources Division, while the Revocable
License was previously administered by the Department of Natural Resources in Atlanta.
Together, these programs give direct management authority over critical coastal habitats such as
marshlands, beaches, navigable waters, and freshwater wetlands.

Technical Assistance: The Coastal Resources Division provides technical assistance for
projects to minimize adverse impacts and coordinate the permitting process. The Division
provides information on Best Management Practices; technical guidance on planning,
construction, and design; and, information on habitat and endangered species. The Division also
maintains a list of contacts in various agencies and institutions so that applicants and project
designers can consult with local experts and design their projects appropriately. The Division
serves as a liaison among agencies and provides forums for prospective applicants and
developers to discuss potential issues and permit requirements with the appropriate agencies.
The goals of this service are to promote quality development, to address resource issues, and to
simplify the permit process and requirements for applicants. Implementation of a federally-
approved Coastal Management Program involves significant increases in staff time and resources
devoted to pre-project consultations, interagency coordination, and local government assistance.

CHAPTER ONE

Federal Consistency Review: With a federally-approved Coastal Management Program,
the Coastal Zone Management Act gives the State of Georgia authority to review federal permits
and licenses, federal projects, and federally-funded projects that affect the coastal area. The
Coastal Resources Division reviews these activities to ensure that they are consistent with the
Georgia Coastal Management Program. If a federal agency disagrees with the Division's
consistency decision, a formal conflict resolution process may be used to settle the dispute.

B. Activities Implemented Through the Coastal Management Network

Local Governments: Local governments assist in long-term planning, economic
development, and natural resource protection through preparation and implementation of their
respective comprehensive plans, local laws and zoning regulations, as well as through their
chambers of commerce and economic development authorities. Through the Georgia Coastal
Management Program, the Coastal Resources Division provides technical assistance to local
governments to assist in their planning efforts and address natural resource issues. Local
governments include the counties listed below, and the municipalities in these counties.

Brantley Chatham Long
Bryan Effingham McIntosh
Camden Glynn Wayne
Charlton Liberty

State Agencies: State agencies continue to administer their respective coastal
management efforts as defined by existing Georgia State law. Memoranda of Agreement
between the Coastal Resources Division and other State agencies with regulatory authority in the
coastal area help ensure that all agencies act in accordance with the policies of the Georgia
Coastal Management Program. The following State agencies are involved in the Georgia Coastal
Management Program network.

< Part 11 - 12 >

OVERVIEW OF THE GCMP

Coastal Resources Division Historic Preservation Division
Department of Community Affairs Jekyll Island Authority
Department of Human Resources Office of the Secretary of State
Environmental Protection Division Parks, Recreation, and Historic Sites
Georgia Department of Transportation Division
Georgia Forestry Commission Public Service Commission
Georgia Ports Authority Wildlife Resources Division

Federal Agencies: Federal agencies continue to administer their respective programs as
they are reviewed for consistency with the Georgia Coastal Management Program. On-going
coordination efforts between the Coastal Resources Division and federal agencies is conducted to
ensure communication and consistency. The following federal agencies are involved in the
coastal network.

Army Corps of Engineers Federal Highway Administration
Bureau of Lands Management Federal Law Enforcement Training
Coast Guard Center
Department of Agriculture Fish and Wildlife Service
Department of Defense General Services Administration
Environmental Protection Agency Minerals Management Service
Federal Aviation Administration National Marine Fisheries Service
Federal Emergency Management Agency National Park Service
Federal Energy Regulatory Commission Nuclear Regulatory Commission

SECTION IV:
TIHE FEDERAL COASTAL ZONE MANAGEMENT PROGRAM

The federal Coastal Zone Management Act of 1972 created a voluntary program for states
to develop and administer coastal management programs. This Act set broad guidelines and
approval criteria for states' management programs. Individual states are given the responsibility
of identifying priority issues for their respective coasts, and implementing their program using
State laws and regulations. General concerns such as consideration of national defense and
interstate transport must be addressed to ensure that a management program does not unduly
hamper these activities.

< Part LII- 13 >

CHAPTER ONE

Almost all of the eligible states developed approved coastal management programs by
1990. Each state's program is unique -- the policies and administration reflect the state's
individual priorities and laws. As one of the last coastal states to develop a coastal management
program, Georgia has benefitted from the experiences of the other states with federally-approved
management programs. The decision to submit Georgia's Coastal Management Program for
federal approval is made by the Governor. Implementation and administration of the Georgia
Coastal Management Program is performed by the State of Georgia and its agencies. States with
federally-approved management programs have the option of withdrawing from the voluntary
federal program at any time. The federal Coastal Zone Management Program provides Georgia
with several significant benefits.

Federal Consistency: While federal agencies and activities are usually exempt from state
laws, states with federally-approved coastal management programs gain review authority over
federal activities. The Coastal Zone Management Act is the only law that provides this power to
the states. This authority also gives states an equal voice with respect to interstate issues.
Without a federally-approved coastal management program, Georgia forfeits its consistency
review authority over federal projects, as well as its "seat at the table" of national coastal
management.

Funding: Congress appropriates funds every year for approved coastal management
programs under the Coastal Zone Management Act. Georgia is entitled to a portion of these
funds with an approved program. If Georgia receives federal funding for coastal management,
the funds will be used to sponsor monitoring, enforcement, technical assistance, public
education, and research on coastal management issues.

Technical Assistance: The National Oceanic and Atmospheric Administration (NOAA),
Office of Ocean and Coastal Resource Management provides assistance to state coastal programs
in the form of information, technical support, and relating coastal issues to the Administration.
A uniformed service of the Administration, the NOAA Corps provides research vessels,
equipment, and technical staff. The NOAA Coastal Services Center in Charleston is a regional
office providing technical support and other coastal services to states participating in the national
coastal management program.

< Part II- 14>

CHAPTER TWO:

j I P GEORGIA'S COAST

And now from the Vast of the Lord will the waters of sleep
Roll in on the souls of men,
But who will reveal to our waking ken
The forms that swim and the shapes that creep
Under the waters of sleep?
And I would I could know what swimmeth below when the tide comes in
On the length and the breadth of the marvelous marshes of Glynn.
Sydney Lanier
The Marshes of Glynn

GEORGIA'S COAST

SECTION I:
INTRODUCTION

Across the United States, over 50% of the population lives along the coast in an area of
land that comprises only 18% of the nation's total land area. Coastal populations are expected to
increase 15% -- to 127 million people -- by the year 2010. This population growth creates
increased and often conflicting demands for commercial, residential, industrial, and recreational
development, thereby placing tremendous pressure on the nation's coastal resources.

The situation in Georgia is very similar. With over 2,344 linear miles of coastline,
Georgia's coastal area is enriched with abundant marshes, barrier islands, beaches, river
corridors, maritime forests, and uplands. To date, the Georgia coast has been relatively
undeveloped, due to the fact that many of Georgia's barrier islands are not easily accessible and
much of the available developable land is currently being managed for timber production.
Pressures from increasing population and development, however, are threatening the quality of
life on the coast. The population of coastal Georgia is growing at approximately 20% per
decade. Along with this increased population growth comes the pressure to develop
environmentally sensitive areas such as wetlands, floodplains, and barrier islands. A long-range
resource management plan is needed to continue an acceptable level of protection while
providing for compatible economic development. Thoughtful resource management will ensure
that future generations also have the opportunity to enjoy the Georgia coast.

In order to be successful, any comprehensive planning effort must take into account many
factors including history, natural environment and climate, economy, population and
demographics, and regional land uses. An overview of these factors in the Georgia coastal area
follows.

SECTION II:
HISTORY

The Native Americans were the first known settlers of coastal Georgia, over I10,000 years
ago. Changes in sea level have made it difficult to obtain archaeological evidence for an exact
date of the first human habitation. A band of the Creek Indian tribe inhabited most of the
Georgia coast at the time of Spanish arrival in 1540. The Creeks lived off of the land, fanning
I ~ ~~and fishing for subsistence. Large shell middens, composed mainly of oyster shells, can be found
on most of Georgia's barrier islands. The oldest shell midden is located on Sapelo Island and has
been dated back 5,800 years.

<Partil1- 17 >

CHAPTER TWO

Following the formal conquest of Florida by De Soto in 1539, the Spanish occupied the
Georgia coast from 1540 to 1680, building missions and attempting to convert the Indians to
Christianity. They called the area Guale (pronounced "wally"), after a Native American who
received the Spanish hospitably on St. Catherine's Island. Missions were established first on St.
Catherine's Island around 1566 and then on St. Simons in the late 1590s. These missions began
to disappear toward the end of the 1600s due to Indian uprisings and disease. The Spanish are
credited with introducing fruits (figs, pomegranates, oranges) and domesticated hogs and goats,
as well as the durable "tabby" building material. A mixture of crushed oyster shells, water, and
sand, "tabby" was molded and used by the Spaniards to construct missions and other buildings.
In the late 1600s, as the British and Native American tribes invaded the area from colonies at
Charleston, South Carolina, the Spanish retreated to Florida.

The area remained largely uninhabited from 1690 until the 1720s, with the notable
exception of the famous pirate Edward Teach, otherwise known as "Blackbeard." He used the
Georgia coast as his refuge, and roamed the coasts of the Carolinas, Florida, and the West Indies
until his capture and execution in 1718. According to local legend, buried treasure remains
undiscovered on Georgia's Blackbeard Island to this day.

In the early 1700s, the British began to establish permanent colonies in coastal Georgia
when the region was ceded to General James Oglethorpe as a buffer between the Spanish
colonies in Florida and the British colonies in South Carolina. In 1721, Colonel John Barnwell
began construction of Fort King George near Darien. In 1733, Oglethorpe settled Savannah and
built Fort Frederica. He built Fort St. Simons on St. Simons Island three years later. Formed
from lands ceded from South Carolina, the new colony was named Georgia in honor of King
George II. English citizens were offered free passage, a land grant, and three years of support to
settle in the new colony. Scottish Highlanders, mostly from the McIntosh clan, were offered the
same opportunity as the English, and many accepted. The Scottish settled the town of Darien at
the mouth of the Altamaha River. A few large plantations were established to grow cotton,
indigo, and rice. Many of the citizens hunted and trapped the abundant wild game (deer, wild
turkey, and furbearers) in the area.

The Spanish were not pleased with the English colonization efforts, and demanded that
all of Georgia be returned to Spain. Britain declared war on Spain in December of 1739, and the
Spanish attacked St. Simons Island in 1742 with over 50 ships and over 5,000 men. Oglethorpe,
with only 650 men including Scottish Highlanders from the Altamaha River area and Creek
Indians, repelled the Spanish in the Battle of Bloody Marsh. Thus, England took control of the
Georgia territory and all points north.

Slavery began in the 1740s in coastal Georgia, despite being vehemently opposed by the
Scottish Highlanders. Oglethorpe returned to England in 1743 and passed away in 1785 at the

< Part II - 18 >

GEORGIA 'S COAST

age of 89. Fort Frederica was destroyed by fire in 1758, and was abandoned. Much of the
property on St. Simons was given to British soldiers for their service in the military, but most
returned to England at the beginning of the Revolutionary War. Those that remained purchased
slaves and began to clear and dike off large tracts of river swamp land to grow rice and cotton.
During the Revolutionary War, much of coastal Georgia was ravaged by the British army.
Homes were looted and burned, and people were murdered by troops loyal to the Crown of
England. The coast would soon recover economically due to abundant timber and the
introduction of sea-island cotton from the West Indies.

The period from the late 1700s up to the Civil War was marked by the production of
naval stores (tar, pitch, turpentine) and the cultivation and harvest of live oak timber, rice, indigo,
and cotton. The naval stores and timber were needed for the growing shipbuilding industry.
Live oak, which grew on the Georgia coast, was the ideal lumber for building ships because of its
strength and resistance to rotting. With the Industrial Revolution going on in England, cotton
was in great demand to supply the cotton -ins and textile mills. Due to the fertile soils and
suitable climate, the Georgia coast provided the ideal conditions to grow high quality cotton.
Many large plantations were established on coastal islands to cultivate this highly valuable sea
island cotton. Vast areas of forest and swamp were cleared and drained for the timber and for
land to cultivate. Timber, indigo, and cotton cultivation and harvest began to decline in the late
1 800s, signalling the end of the plantation period. Most of the live oak forests had been
harvested by this time. At the same time, the demand and price for indigo and cotton in England
declined and the boll weevil decimated existing crops. Rice production reached its peak just
prior to the Civil War in 1860. Coupled with the onset of the Civil War and the loss of slave
labor, the plantation period in Georgia came to an end. After the Civil War, freed slaves
populated many areas of the Georgia coast, particularly Sapelo Island. The coast quickly went
from one of the most prosperous regions of the country to one of the poorest.

From the 1870s to the 1900s, during Reconstruction, the region tried to recover from the
economic decline. Lumber mills began to appear on the Georgia coast. With most of the live
oak already harvested, the mills sawed cypress, pine, and other oaks into lumber for export to
Europe. The timber was floated down the Satilla and Altamaha rivers to the mills at Darien and
St. Simons. Many of the small marsh hammock islands in the vicinity of the old sawmills were
formed from the discarded ballast stones of the old schooners used to transport lumber to Europe.

During the early 1900s, people began to discover coastal Georgia as an ideal resort

I ~~~destination. Savannah, St. Simons Island, Jekyll Island, and Cumberland Island were home to
the cottages and summer villas of the nation's wealthiest families such as the Pulitzers,
Carnegies, Reynolds, and Staffords. The cities of Savannah and Brunswick played an important
role in national defense during World War H1 by building liberty ships. The Eighth Army Air

< Partil1- 19 >

CHAPTER TWO

Force, an important contingent in the European air battle during Word War II, was formed in the
City of Savannah. The coast continues to support national defense today, with Fort Stewart
Army Base in Hinesville, Hunter Army Air Field in Savannah, and Kings Bay Naval Submarine
Base in St. Marys.

Continuing the trends of the past few decades, the Georgia coast is growing at a rapid
pace. Timber, agriculture, and related manufacturing plants dominate the coastal economy.
Tourism and related service industries are increasing, and the Georgia coast also is a popular area
for permanent residence. Many of the coastal counties have seen exponential growth in
population due to the influx of tourism and the placement of military bases in the area. There
remain areas of the coast where culturally and historically significant communities exist. Hog
Hammock on Sapelo Island is one such community that carries on the traditions and heritage of
the early African American inhabitants of Georgia. Many other historic sites enrich the Georgia
coast, such as Fort Frederica, the Battle Site at Bloody Marsh, Fort Pulaski, Fort King George,
and numerous historic districts, neighborhoods, commercial areas, homes, schools, and churches.
A well-balanced, conscientious planning effort is needed to ensure that these historical resources
remain in place for future generations.

SECTION III:
NATURAL ENVIRONMENT AND CLIMATE

The Georgia coast is an interrelated system of productive coastal marine waters, barrier
islands, estuaries, coastal marshlands, rivers, and associated upland areas. The westernmost
portion of the United States on the Atlantic seaboard, Georgia's coast is located approximately in
the center of the South Atlantic Bight. The broad, gentle slope of the continental shelf stretches
95 miles off the shoreline. On the shelf, many hard and soft bottom habitats can be found. "Live
bottom" areas occur naturally where limestone outcroppings are exposed on the seafloor,
allowing marine animals and plants to settle and colonize. The Gray's Reef National Marine
Sanctuary, located approximately 15 miles east of Sapelo Island, is a natural reef community
with an abundance of live bottom habitat in 60 to 70 feet of water on the continental shelf.
Artificial reef communities have been created in some areas by sinking barges, World War 11
liberty ships, and other material that encourages reef organisms to settle and grow. The coastal
marine waters off of Georgia provide habitat for many oceanic birds, sea turtles, marine
mammals, crustaceans, and fishes. Marine wildlife includes endangered right whales, manatees,
sea turtles (Kemp's ridley, hawksbill, and leatherback), and least terns. Many commercially-
important species, such as snapper and grouper, live and breed in these waters.

GEORGIA'S COAST

A chain of eight main groups of barrier islands, stretching over 100 miles from
northernmost Tybee Island near the South Carolina border south to Cumberland Island near the
Florida border, buffers the marshes and mainland from the forces of the Atlantic Ocean. These
islands have built up over the past forty thousand years due to shifting sand, creating over 94
linear miles of beachfront. Wave energy on the Georgia coast is generally low due to the broad,
shallow continental shelf offshore. Most of this wave energy is dissipated by friction across the
bottom of the shelf as waves move toward shore. Sand bars and shoals also help reduce wave
energy close to shore, protecting against erosion and property damage. The islands and their
associated dune, live oak, pine forest, and marsh communities also support an abundance of
wildlife. Loggerhead, green, and leatherback sea turtles use Georgia beaches for nesting habitat.
Ospreys, brown pelicans, egrets, shorebirds, and many species of sea gulls are a common sight in
this area.

Six major watersheds terminate at the Georgia coastline, forming an extensive estuarine
ecosystem. When freshwater from rivers mixes with and dilutes saltwater from the ocean, both
water bodies contribute their own chemical and physical characteristics. This combination of
properties creates a richly diverse and highly productive natural habitat. About 75% of
commercially important fish and shellfish in the nation are estuarine-dependent. These species
rely on estuaries and upper reaches of tidal rivers and streams for early life-state food, migration,
and spawning. Georgia's coastal estuaries and associated aquatic ecosystems form a critical
component in the life cycles of sport fishes such as spotted seatrout and red drum; commercial
species such as shrimp, blue crabs, and oysters; and endangered species such as manatees and
shortnose sturgeon. Fragile estuarine ecosystems establish the foundation for the
interrelationship of many marine plants and animals with their environment. Without estuaries,
that life could not exist.

Moving inland, a broad band of coastal marshlands covering 378,000 acres separates the
barrier islands from the mainland. Poet Sidney Lanier immortalized these marshes in his famous
poem, "The Marshes of Glynn." Measuring three to five miles wide in some places, Georgia's
marshlands constitute one-third of the remaining salt marsh along the U.S. Atlantic coast. The
marshes are dominated by cordgrass (Spartina alterniflora), which supports a highly productive
food chain. High nutrient levels are transported in and out of the system by daily tidal cycles,
thus supporting a rich habitat for fish, birds, crustaceans, and other wildlife. Herons, egrets,
redwing blackbirds, oysters, red drum, sea trout, blue crabs, and white shrimp are common here.
The area experiences an average tidal range of 6 to 8 feet, with tides of 9 to 11 feet possible on
spring tides. These tidal ranges are several feet larger than the adjacent states of Florida, South
Carolina, and North Carolina due to Georgia's location in the center of the South Atlantic Bight.
This wide tidal range is the main reason Georgia has such an abundance of salt marsh.

CHAPTER TWO

Further to the west, brackish and freshwater marshes and swamps extend inland up rivers
and streams. This area is generally flat and occupied by live oak, tupelo gum, and cypress
swamps. These marshes and swamps serve to recharge the shallow groundwater aquifer and
reduce the duration and magnitude of flood events. Wetlands function like sponges to retain
floodwaters, filter out sediment and other contaminants, and slowly release the water over time to
the rivers. These swamps also provide important habitat for wildlife, including endangered and
threatened species such as the bald eagle and wood stork. Large numbers of migratory waterfowl
(scaup, mergansers, mallards, coots) and wading birds (snipe, woodcock, yellowlegs) use these
places as "staging" (resting and feeding) areas on the way to their wintering grounds in Central
and South America. Several major coastal plain rivers feed these wetlands, including the
Savannah, Ogeechee, Canoochee, Altamaha, Satilla, and St. Marys. Most of these rivers provide
critical habitat for the endangered shortnose sturgeon and anadromous fish stocks. All of
Georgia's coastal rivers carry large amounts of sediments to the sea, helping to build new land
and to keep up with sea level rise over time.

Much of the coastal mainland is heavily forested with slash, spruce, loblolly, and longleaf
pines. Forests that are less managed are populated with a mixture of pines, hardwoods, and other
species such as oak, hickory, magnolia, bay, palmetto, and dogwood. The pine and hardwood
forests are home to many bird species, such as the endangered red-cockaded woodpecker and
many birds of prey, such as red-tailed hawks, turkey vultures, and great horned owls. Many
game species, such as feral hogs, whitetail deer, black bear, wild turkey, and bobwhite quail, can
also be found in these forested communities.

The marine subtropical climate of the Georgia coast is heavily influenced by the Atlantic
Ocean and other meteorological and climatic features common to the southerly latitudes. The
climate is moderate, with short, mild winters and long, humid springs and falls. Temperatures in
the region average 52 degrees Fahrenheit in the winter, 65 degrees Fahrenheit in the spring, 80
degrees Fahrenheit in the summer, and 67 degrees Fahrenheit in the fall. Ocean and sea breezes
tend to moderate temperatures along the coast. Rainfall averages 30 to 50 inches per year, half of
which comes from summer thunderstorms. During the summer, the area is dominated by a large
high-pressure system called the Bermuda High that diverts most of the continental frontal storms
away from the southeast.

The Bermuda High disintegrates in late summer, allowing frontal passages to return.
May through November is considered hurricane season. Historically, tropical storms and
hurricanes impact the Georgia coast on the average of once every ten years. Coastal flooding
resulting from hurricane-induced storm surges and long-term beach erosion poses a substantial
danger to life and property on the low-lying barrier islands and mainland. The storms cost many
lives and result in millions of dollars in property damage in the coastal zone due to high winds,
flooding, and rainfall. Strong northeasters impact the coast more frequently than hurricanes and
supply much of the rain in late fall, winter, and spring.

< Part II - 22 >

GEORGIA 'S COAST

SECTION IV:
COASTAL ECONOMY

The coast of Georgia enjoys a dynamic and diverse economy based largely on the region's
abundant resources, including natural waterways, groundwater, pine forests, fisheries, and natural
and historic features. Regional unemployment figures (1991) ranged from a high of 7.6% in
Brantley County to a low of 3.6% in Camden County. The eleven-county average of 5.4%
unemployment is in line with the Georgia statewide unemployment figure of 5.0%. Median
income figures for the area ranged from a high of $29,443 in Effinghiam County to a low of
$18,802 in Long County. Per capita incomes ranged from $17,776 in Chatham County to $8,080
in Long County.

The average median income and per capita income for the region during 1989-1990 was
$24,381 and $12,630 respectively. Both averages are approximately 20% lower than the Georgia
statewide average median income of $29,021 and average per capita income of $17,045. In
1989, 17.3% of the region's citizens were below the poverty level ($12,674 for a family of four)
versus the state average of 14.7% below the poverty level. Camden County had the lowest
poverty level of 11.5%, while Long County had the highest at 23.7%.

The eleven-county coastal area accounted for $6.2 billion in total buying power, about
6% of the Georgia State total of $97 billion. Seventy percent of that buying power ($4.3 billion)
came from Chatham and Glynn counties. These figures show the wide range of wealth in the
Georgia coastal area, and the tendency for that wealth to be clustered near the population centers
of Savannah and Brunswick and the military facilities of Camden and Liberty counties, and
absent from the rural counties of Brantley, Charlton, Long, McIntosh, and Wayne.

Extensive plantings of pine forests signify the importance of the timber industry in coastal
I ~ ~~Georgia. Timber activities include forestry management and harvesting, paper pulp processing,
distilling pine products, and timber production. The long summer growing periods, plentiful
rainfall, fertile soils, and access to large quantities of groundwater make the coastal area very
conducive to timber growth and processing. Commercial forests cover much of the land area in
the Georgia coastal area and produced a total income (from sawtimber and pulpwood) of $110.5
million in 1993. Georgia Pacific pulp mill employs 850 people, and the Hercules plant, which
distills pine oils, employs 544 people. Union Camp Corporation in Savannah employs 2,800
people. Riceboro Interstate Paper Corporation, ITT Rayonier (Jesup), Stone Container
Corporation (Savannah), and Fort Howard Paper Corporation (Rincon) collectively employ
another 3,200 people.

< Part 11 -23 >

CHAPTER TWO

Other major manufactures in the Savannah area include Gulfstream Aerospace (jet
aircraft), Great Dane Trailers (truck trailers), Savannah Sugar Refinery (refined sugar), and
Kemnira, Incorporated (Titanium Dioxide). Major manufacturing operations in the Savannah area
provided a total of 15,800 jobs in 1993.

Row crop agriculture as well as livestock and poultry operations are also an important
economic activity, especially in the second tier of coastal counties (Effingham, Long, Wayne,
Brantley, and Charlton). In 1987, the eleven coastal counties contained 1195 individual farms,
encompassing 7.3% of the total coastal land area. Tobacco is the most important row crop, along
with corn, soybeans, peanuts, and cotton. Approximately 19,000 head of cattle are raised in the
coastal zone, along with about 17,800 hogs and pigs and several million chickens.

Water-borne commerce and associated port development provides significant
employment and revenue in coastal Georgia due to protected waterways, suitable physical port
locations, and attractive local and regional markets. Savannah and Brunswick are the two major
ports in Georgia that possess modern docking, storage, and land transportation facilities. Kings
Bay Naval Submarine Base also has significant dockage facilities, but it is used exclusively by
the U.S. Navy. In 1989, Savannah and Brunswick handled almost 15 "Illion tons of cargo.
Products landed and shipped from Georgia ports range from automobiles and wood products to
grains and gypsum. The 138 mile long Georgia segment of the Atlantic Intracoastal Waterway
supports substantial barge and other commercial traffic. While economically important,
commercial port operations may also affect the coastal natural and recreational environment due
to the need for dredging, competing shoreline uses, water quality degradation, and reduced water
safety.

The commercial fishing and seafood processing industry is yet another important
economic factor on the Georgia coast. In 1995, there were approximately 2,500 commercial
fishers in Georgia, principally trawling for shrimp. Blue crabs, whelks, clams, and oysters are
also commercially-important species. In 1995, approximately 7 million pounds of shrimp valued
at $27 million, approximately 9 million pounds of blue crabs valued at $5 million, and
approximately 1.3 million pounds of all other species (snapper, grouper, oysters, clams, and other
finfish and shellfish) valued at over $1.3 million were landed in Georgia. In that same year,
1, 131 people were employed in I11 seafood packing and processing houses, along with 50
wholesale seafood dealers employing over 100 people. Rich-Sea Pak and King and Prince, two
large seafood processing houses, employ approximately 800 and 600 people, respectively.

< Part 11- 24 >

GEORGIA 'S COAST

Cumberland Island National Seashore, Fort Frederica National Historical Monument, top-class
golf courses, and abundant recreational fisheries, add to the allure of the area. Four State Parks
and four State Historical Sites are operated by the State of Georgia and are open to the public. A
1994 survey estimated 443,717 anglers participate in saltwater fishing in Georgia. These fishers
catch over three million fish, creating an expenditure of $53.4 million annually, as well as a total
economic value of over $250 million annually. Other popular activities include tennis, golfing,
sailing, and scuba diving. Boating and fishing are other popular recreational activities, with
almost 25,000 boats registered in coastal Georgia and over 40 marinas and 36 public boat ramps
to serve them.

Savannah area visitors totalled 5.4 million in 1993, generating almost $616 million in
spending and supporting 18,000 full-time jobs. In Glynn County in 1995, 1.53 million tourists
spent over $699,874,553 dollars, supporting 15,322 full-time jobs annually. The total impact
from tourism in the Georgia coastal area was estimated at around $1.39 billion in 1993. Tourism
continues to grow each year, and more people are choosing coastal Georgia as a place to retire.
A comprehensive planning effort is needed for any future development and resource utilization to
protect the natural and historic resources from environmental, aesthetic, and economic damage.

National defense-related complexes are another major component of the coastal Georgia
economy. These facilities employ a large number of personnel, which results in economic
growth of the surrounding communities. Camden County and Liberty County have both
experienced tremendous growth from Kings Bay Naval Submarine Base and Fort Stewart Army
Baemly9,00 repectvly. FoThKig Steayt facilit is thoe forgesto1 Tridbaen neartoh Misubmarine, hand
emlose9,00 repectivel. FothSewat whinsByfchlt is thoe largesto Arm Triden nceastorh Misubmarines hand
19,000 employees in 1993. Also in 1993, Hunter Army Air Field in Savannah employed 4,800
peronnl.United States Coast Guard personnel in Savannah and Brunswick are economically
important to their communities. The Federal Law Enforcement Training Center (FLETC) in
Brunswick trains law enforcement personnel for over 70 federal agencies, employing
approximately 1,300 people and graduating 25,000 people annually.

SECTION V:
POPULATION CHARACTERISTICS

The eleven-county coastal area of Georgia has a combined population of 460,233 people
according to the 1990 Census. At that time, approximately 66.9% were white, 31.2% were black,
1.7% were Hispanic, and 1.9% were of other descent. The population is mainly centered around
the Savannah area (Chatham, Effingham, and Bryan Counties), with smaller centers around

Brunswick (Glynn County) and Kingsland/St. Marys (Camden County). The overall population

< Part 11- 25 >

CHAPTER TWO

of the region, however, is largely rural (66.8%). With 430 people per square mile, only Chatham
County's population density exceeds the State average of I112 people per square mile. The
emigration of people out of Chatham County, along with the immigration of people to
surrounding Effingham and Bryan Counties, suggests that people are moving out of metropolitan
Savannah to the suburbs.

The coastal population continues to grow from tourism on Tybee Island, Sea Island, St.
Simons Island, and Jekyll Island, and from military bases in Camden, Liberty, and Long counties
(Kings Bay Naval Submarine Base and Fort Stewart Army Base). According to the 1990
Census, a substantial 23% increase from 1990 is predicted for coastal Georgia in the future. This
increase continues a trend in population growth on the coast which has exceeded 200% since
1930 in some counties. Liberty County and Camden County have experienced a remarkable
547% and 376% increase in population respectively since 1930, due largely to the placement of
military bases in those counties.

SECTION VI:
COASTAL LAND USE

The eleven-county coastal area of Georgia encompasses approximately 6,409 square
miles (4,101,952 acres), with an average population density of 82 people per square mile. Of the
total area, 5,637 square miles (3,611,661 acres) is land, and 772 square miles (494,080 acres) is
water. Seventy-five percent (4313 square miles or 2,760,455 acres) of the land area is forested,
and only 25% (1330 square miles or 851,216 acres) is non-forested. Although there are clusters
of intense development, much of the Georgia coast remains relatively undeveloped. As of the
mid-1980s, only 4% (less than 100,000 acres) of the coast was considered developed. Of that,
3.3% (80,000 acres) was classified as residential, 0.3% (6,000 acres) as commercial, and 0.4%
(I11,000 acres) as industrial. There is no shortage of developable land (currently estimated atI
32% of the total land area); however, there is a need for better management of growth and better
planning for development to insure that the region retains its growth potential and habitability.

Georgia has more acres in forest management than any other state, and forestry activities
account for 71% (4,005 square miles or 2,563,294 acres) of the total acreage in the Georgia
coastal area. Approximately 49% of the timberland is owned by industry, 39% is privately-
owned, and 12% is owned by the government. The soils and climate of the area also make it
conducive to growing crops due to the long growing season and ample rainfall. The second-tier
coastal counties account for most of the conventional agricultural activities, such as row crop
cultivation and livestock husbandry.

< Part 11 -26 >

GEORGIA'S COAST

Commercial and industrial development along the Georgia coast is also an important land
use with many positive economic benefits. Ports and waterborne commerce-related facilities,
gypsum and sheet rock plants, pulp and paper mills, and public utility companies are a few
examples of industries along the coast. The coastal area of Georgia has been attractive to
industry for many reasons, including the proximity to water transportation, high quality
groundwater resources, and nearby natural resources and raw materials. Manufacturing and other
industry are beneficial to the coastal economy, however, there can be drawbacks. Improper or
unplanned development can result in waste disposal problems, toxic and hazardous waste, and
water and air pollution if not properly managed. The electricity provided by utility companies in
the area is generated by hydroelectric, nuclear, coal, oil, and natural gas powered plants
throughout the state. However, there are no nuclear or hydroelectric plants within the eleven-
county coastal area.

In fiscal year 1992-1993, the eleven-county coastal area received $64.5 million in federal,
State, and local funds to construct and maintain over 6,500 miles of public roads and highways
for its citizens. In addition to roads and highways, there are several airports capable of servicing
a wide variety of aircraft sizes, including major airports (Savannah International Airport and the
Glynco Jetport in Brunswick), and many smaller airfields throughout the coastal zone. The area
is also served by railways such as AMTRAK, CSX, and Norfolk-Southern. In addition, the
entire Georgia coastal area is within two hours of the Jacksonville, Florida or the Charleston,
South Carolina metropolitan area.

There is a large military and national defense presence in coastal Georgia. The Kings Bay
Naval Submarine Base, Hunter Army Air Field, and Fort Stewart Army Base are the three major
installations in the area.

State and federal government entities own a wide variety of lands in coastal Georgia.
Many of these areas are maintained as natural areas, and are very important to the ecological
health of the area. These areas provide habitat for wildlife, control and abate floodwaters,
recharge groundwater supplies, and improve surface water quality. The federal government owns
and maintains many national parks, monuments, wildlife refuges, and other natural areas,
including Cumberland Island National Seashore, Wassaw Island National Wildlife Refuge,
Harris Neck National Wildlife Refuge, Gray's Reef National Marine Sanctuary, Fort Frederica
National Monument, Fort Pulaski National Monument, Bloody Marsh National Monument, Wolf
Island National Wildlife Refuge, Savannah National Wildlife Refuge, and Blackbeard Island
National Wildlife Refuge. The Georgia Department of Natural Resources maintains parks and
recreational areas at Skidaway Island and Crooked River; Wildlife Management Areas (WMAs)
at the Altamaha River, Richmond Hill, Ossabaw Island, Paulks Pasture (lease), Sapelo Island
(Richard J. Reynolds WMA), and Sansavilla (lease); State Heritage Preserves and Historic Sites
at Fort King George, Fort McAllister, Wormsloe, Sunbury, Richmond Hill, Little Tybee Island,
Cabbage Island and Hofwyl-Broadfield Plantation.

CHAPTER TWO

Many educational, medical, and other public facilities are located within the coastal area.
Georgia Southern University, Savannah State College, Armstrong State College, Coastal Georgia
Community College, and several other regional schools and technical colleges are all located on
or near the coast. The Southeast Georgia Regional Medical Center in Brunswick; Candler, St.
Josephs, and Memorial Hospitals in Savannah; and Camden Medical in St. Marys are a few of
the major facilities that provide medical care to the citizens of the coast. In addition to schools
and hospitals, a multitude of civic centers, theaters, museums, and other public facilities are also
located throughout the eleven-county area.

All of these locations and facilities, with the exception of portions of the military bases,
are available for the use and enjoyment of the general public.

< Part 11 -28 >

CHAPTER THREE:
GOALS AND OBJECTIVES

l I

When there is no dream, the people perish.
Proverbs 29:18

GOALS AND OBJECTIVES

This chapter describes the mission, goals, and objectives of the Georgia Coastal
Management Program. Goals and objectives of the Program are categorized as either Program
Goals or Resource Goals. Program Goals were developed by the Department of Natural
Resources, Coastal Resources Division with the concurrence of the Coastal Zone Advisory
Committee. Resource Goals were developed by the Coastal Zone Advisory Committee.

When developing goals, the Coastal Zone Advisory Committee recognized a number of
common threads in their discussions. Despite differing viewpoints on coastal issues, all
committee members agreed on the following points. A coastal management program for Georgia
should: provide a mechanism for conflict resolution; promote and enhance educational programs
that increase the awareness and understanding of the value of our resources; promote and
enhance information links to the citizenry and user groups; recognize the complexities of private
property rights; improve and enhance coastal resource related tourism; address cumulative
impacts; result in better enforcement and monitoring of existing regulations; and provide and
enhance managed public access to the resources; and provide a simplified and efficient process
for permitting, that allows for ample and early review of significant projects.

MISSION STATEMENT

It is the mission of the Georgia Coastal Management Program to balance
economic development in Georgia's coastal area with preservation of natural,
f ~~ environmental, historic, archaeological, and recreational resources for the
benefit of Georgia's present and future generations.

PROGRAM GOALS

Goal: Develop and implement a management program that balances sustainable economic
development and natural resource conservation in coastal Georgia.

Objectives:

1. Encourage and assist natural and social scientific research in coastal Georgia, in order to
develop a comprehensive database of the area.

< Part 11 -31 >

CHAPTER THREE

2. Promote increased recreational opportunities in coastal areas and increased public access
to tidal waters in a manner that protects coastal resource quality, public health, and public
safety.

3. Develop and institute a comprehensive erosion policy that identifies critical erosion areas,
evaluates the long-termn costs and benefits of erosion control techniques, seeks to
minimize the effects on natural systems (both biological and physical), and avoids
damage to life and property.

4. Encourage new coastal development to locate in existing developed areas capable of
accommodating additional growth, and in areas determined to be more environmentally
and economically suitable for development.

5. Resolve conflicts and minimize potential conflicts among activities through improved
coastal management that reflects the public's desires, the capacity of natural resources,
and expected costs and benefits.

6. Encourage new facilities to locate in areas where adverse social, economic, and
environmental impacts can be minimized, and encourage planning that prioritizes water-
dependent uses along shoreline areas.

7. Promote the use of impact assessments which incorporate energy-saving benefits,
economic effects, and social and environmental factors as the basis for decisions on
development of energy facilities; and ensure that affected local governments obtain
sufficient financial and technical assistance to cope with these impacts.

8. Support the wise commercial development of harbors, rivers, and waterways for trade and
commerce in locations and using methods that maintain the environmental integrity of the
coastal region.

9. Protect and, where possible, restore or enhance the resources of the State's coastal area for
this and succeeding generations.

10. Develop a coastal program with flexibility for revision and improvement as knowledge
and experience in managing coastal resources evolves.

LGoal Simplify the permitting system for activities in the coastal area in a manner that
implements the goals and objectives of the Management Program and promotes the public
interest.

< Part 11 -32 >

GOALS AND OBJECTIVES

Objectives:

1. Simplify the permitting system for activities in the coastal area in a manner that maintains
the integrity and purpose of the Management Program.

2. Ensure that permits approved for coastal area activities are designed to minimize negative
impacts on water quality, marine productivity, beach and shoreline stability, and other
environmental aspects.

3. Give full consideration to the Rules and Regulations for permitting, with thorough and
comprehensive reviews of all permit applications.

4. Provide guidance on environmentally suitable methods of design, construction, and
development in the coastal area, and assist permit applicants to incorporate these
environmentally suitable alternatives in their proposals where feasible.

Goal: Promote intergovernmental coordination and public participation in the
development and implementation of the Georgia Coastal Management Program.

Objectives:

1. Provide full opportunity for participation by federal, State, and local government
agencies, concerned organizations, and the general public in developing, implementing,
and improving the Georgia Coastal Management Program.

2. Increase public awareness and encourage public participation during development of and
decisions made pursuant to the Georgia Coastal Management Program.

3. Strengthen the planning and decision-making capabilities of cities and counties in the
coastal area by providing financial, technical, and other assistance; and provide for
coordination of local comprehensive plans and ordinances with the policies of the
Georgia Coastal Management Program.

4. Promote coordination and use of existing State programs to minimize duplication of
efforts, conflicting actions, and permit processing delays, and achieve coastal
management objectives and policies.

5. Provide adequate representation of the interests of the State of Georgia in federal agency
decisions and actions affecting the coastal area.

< Part 11 -33 >

CHAPTER THREE

RESOURCE GOALS

Goal: Protect and sustain the unique character of life on the Georgia coast that is reflected
in its cultural, historical, archeological, and aesthetic values by providing management of
its resources.

Objectives:

Fisheries
1. Provide a coastal zone with finfish, crustaceans, and shellfish populations that will
support commercial and sport fisheries on a sustainable basis.

Wildlife
2. Provide a coastal zone that maintains diverse indigenous wildlife populations at viable
and sustainable levels.

3. Provide a coastal zone in which wildlife species listed as special concern, threatened, or
endangered are recovered to healthy, viable populations.

4. Provide a coastal zone that attracts and sustains historic migratory bird populations.

Plants
5. Provide a coastal zone in which diverse indigenous plant populations are maintained at
viable and ecologically balanced levels.

Historic and Archeological
6. Provide a coastal zone in which all significant archeological and historic sites and
artifacts are preserved.

Cultural
7. Provide a coastal zone in which the unique cultural entities are recognized and protected.

Scenic Vistas
8. Provide a coastal zone in which marsh, river, and other natural scenic vistas, such as
highway and river corridors, are free of visual obstructions and blight.

Minerals
9. Provide a coastal zone in which extraction and utilization of mineral resources will not
detrimentally impact other coastal resources.

< Part H - 34 >

GOALS AND OBJECTIVES

Surface Water
10. Provide a coastal zone in which surface waters of the State meet or exceed recreation-use
water quality standards.

Groundwater
11. Provide a coastal zone in which the water supply aquifers are managed at levels needed to
provide adequate, potable drinking water in perpetuity.

12. Provide a coastal zone in which the groundwater is managed to meet demands other than
drinking water on a sustainable basis, while achieving some restoration of the resource.

Tidal, Marsh, and Submerged Lands
13. Provide a coastal zone in which the scenic quality and biological productivity of tidal
resources is maintained.

Freshwater Wetlands
14. Provide a coastal zone in which the area and functional integrity of wetlands that impact
the coastal region of Georgia are maintained.

Barrier Islands
15. Provide a coastal zone in which the natural systems of barrier islands are preserved and
protected.

Beaches
16. Provide a coastal zone in which the integrity and functioning of the sand-sharing system
is maintained.

Farmlands and Woodlands
17. Provide a coastal zone in which the productivity of woodlands and farmlands is
maintained, with management practices that preserve water quality and biodiversity.

< Part 11- 35 >

CHAPTER THREE

< Part 1 - 36 >

~K CHAPTER FOUR:

BOUNDARY AND ORGANIZATION

Our entire society rests upon -- and is dependent upon -- our water, our land, our
forests, and our minerals. How we use these resources influences our health, security,
economy, and well-being.
John F. Kennedy

BOUNDARY AND ORGANIZA TION

SECTION I:
COASTAL AREA BOUNDARY

There are four elements to a state's coastal area boundary: the seaward boundary, the
interstate boundary, the inland boundary, and areas excluded from the boundary. The area within
the boundary includes those lands necessary to control the shorelands, the uses of which have a
direct and significant impact on the coastal waters. This section describes the boundaries of the
coastal area subject to the Georgia Coastal Management Program.

A. Seaward Boundary

The seaward boundary of Georgia's coastal area extends to the outer limits of State
jurisdiction, which is three nautical miles seaward from the mean low watermark. Included
within the coastal area are both waters of the state and submerged lands.

B. Interstate Boundary

Georgia's coastal area interstate boundaries include the South Carolina state border on the
north and the Florida state border on the south. Georgia's coastal area boundary extends farther
inland than South Carolina's. The entire state of Florida is included in the Florida coastal zone.
Consultations with coastal management program officials from South Carolina and Florida have
revealed no problems with the compatibility of the interstate boundaries of either state.

C. Inland Boundary

The inland boundary of Georgia's coastal area is the political boundaries of the eleven
counties: Effingham, Chatham, Bryan, Liberty, Long, McIntosh, Wayne, Glynn, Brantley,
Camden, and Charlton. Encompassed within this boundary are all upland areas in these eleven
counties, as well as all waters of the state and all submerged lands within the defined coastal
area. The eleven counties described by the coastal management area contain all of the tidally-
influenced waters of the State, which was the rationale used to determine this inland boundary.
Figure 4.1 depicts the area that falls within the jurisdiction of the Georgia Coastal Management
Program.

< Partil1- 39 >

CHAPTER FOUR

FIGURE 4.1: Georgia's CoastalArea

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I Fbyd I B - Cow rlkee fenlJ

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Pi Bauldwin< P a r et Su - 40 >
\ H ; > j > V / Wlkes)Onesinco
Wkr zri~ w ^XrU\ iJru

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1 1 crxwet k r' Y C T/ell _Monrd
\ | _ <Upsn / 1 1 ( /

Eroucow Omokce T rrybcf ea"
noyd~ ~ ~ ~ ~ ~~~~~~~~~~~~P~

} Decatur as
Co r o 8men Firc

tv Grady I ilcown n c L
milres&rr

< Parit II - 40 >

BOUNDARY AND ORGANIZA TION

D. Areas Excluded from the Boundary

The jurisdiction of the Georgia Coastal Management Program does not include lands that
are subject solely to the discretion of, or held in trust by, the federal government. Federal land
areas are not subject to the direct management authority of the Management Program and are
generally exempt from State permits and other regulation. However, activities occurring on
federal lands that affect any land or water use or natural resource of the coastal area must be
consistent with the Georgia Coastal Management Program (See Chapter Eight, "Federal
Consistency").

TABLE 4.1: Major Federal Land Holdings in Coastal Georgia

1 . Savannah National Wildlife Refuge Chatham / Effingham
Department of the Interior, U.S. Fish and Wildlife Service 11328.8 acres
2. Wassaw National Wildlife Refuge Chatham
Department of the interior, U.S. Fish and Wildlife Service 10049.0 acres
3. Hunter Army Airfield Chatham
Department of Defense, U.S. Army 5372.0 acres
4. Fort Pulaski National Monument Chatham
Department of the Interior, National Park Service 5365.0 acres
5. Fort Stewart Army Base Bryan I Liberty I Long
Department of Defense, U.S. Army 280279.0 acres
6. Harris Neck National Wildlife Refuge McIntosh
Department of the Interior, U.S. Fish and Wildlife Service 2691 .3 acres
7. Blackboard National Wildlife Refuge McIntosh
Department of the interior, U.S. Fish and Wildlife Service 561 7.6 acres
S. Wolf Island National Wildlife Refuge McIntosh
Department of the Interior, U.S. Fish and Wildlife Service 5125.8 acres
9. Fort Frederica National Monument Glynn
Department of the Interior, National Park Service 210.7 acres
10. Federal Law Enforcement Training Center Glynn
Department of the Treasury 1525.6 acres
II. Cumberland island National Seashore Camden
Department of the Interior, National Park Service 12688.0 acres
12. Kings Bay Naval Submarine Base Camden
Department of Defense, U.S. Navy 16250.0 acres
13. Okefenokee National Wildlife Refuge Charlton
Department of the Interior, U.S. Fish and Wildlife Service 178776.7 acres

< Part 11 -41 >

CHAPTER FOUR

FIGURE 4.2: Major Federal Land Holdings in Coastal Georgia

Effmgham

Savannah National
Wildlife Refuge

Fort Pulaski
Ft. Stewart Military Chatham National Monument
Reservation
Hunter Army Airfield

Wassaw National
Wildlife Refuge

Harris Neck National Wildlife Refuge

WaynMcIntosh i;': --- Blackbeard National Wildlife Refuge

Okefenokee National Wolf Island National Wildlife Refuge
Wildlife Refuge I Glynn
anWildlife Refuge lynn Fort Frederica National Monument
Wilderness Area
vWildern e ssBrantley _ f Federal Law Enforcement Training Center

Chariton
Camden I ; Cumberland Island National Seashore

Kings Bay Naval Submarine Base

{>__ 0 25 50

Miles

< Part I - 42 >

BOUNDARY AND ORGANIZATION

SECTION II:
PROGRAM IMPLEMENTATION --
STATE AUTHORITIES, NETWORK, AND PROCEDURES

A. State Legal Authorities and Networking

Administered by the Department of Natural Resources, Coastal Resources Division, the
Georgia Coastal Management Program is implemented and enforced through State laws, rules
and regulations, and programs. The Coastal Management Program is a networked program that
relies on existing authorities to execute the full range of policies and management techniques
identified as necessary for coastal management purposes. Each party exercising statutory
authority that is part of the Program is bound to conformance with relevant policies by State law
(Georgia Coastal Management Act, O.C.G.A. 12-5-320, et seq.) and through a Memorandum of
Agreement.

The Coastal Resources Division has the direct authority over certain programs and
permits. Additional authorities necessary to implement the networked Coastal Management
Program are administered by other State agencies as described in Chapter Five. Memoranda of
Agreement between agencies help ensure cooperation and coordination of activities. Regular
interagency meetings provide an open forum for communication. Coastal Resources Division
staff provides technical assistance to cooperating agencies to ensure their full understanding of
the Georgia Coastal Management Program. This section describes the direct permit authorities
and the networked authorities of the Georgia Coastal Management Program. It also explains the
administration of program authorities and describes the interagency coordination process.

Created through the Georgia Coastal Management Act (O.C.G.A. 12-5-260), the legal
framework for the Georgia Coastal Management Program involves three methods of
implementation. First, the Coastal Resources Division, through the Shore Protection Committee
and the Coastal Marshlands Protection Committee, has direct permitting authority for any
alteration within the jurisdictions of the Shore Protection Act (O.C.G.A. 12-5-230) and the
Coastal Marshlands Protection Act (O.C.G.A. 12-5-280). The Division also has permitting
authority under the Revocable License Program (O.C.G.A. 50-16-61). Second, all agencies
exercising regulatory authority or management or planning authority within the coastal area are
required to be consistent with the Georgia Coastal Management Program (O.C.G.A. 12-5-236),
and may be networked through Memoranda of Agreement. Third, authorized agencies patrol and
enforce applicable laws and rules and regulations within the eleven-county coastal area.
Interagency meetings help coordinate these legal activities.

< Part II - 43 >

CHAPTER FOUR

1. Coastal Resources Division: Direct Permitting Authority

Specific areas of the coastal environment are more vulnerable to the effects of human
activities than others. Environmentally-sensitive areas of Georgia's coast include the beaches,
dynamic dune fields, submerged shoreline lands, salt marshlands, all tidally-influenced waters,
and tidal water bottoms. The Coastal Resources Division, through the Coastal Marshlands
Protection Committee and the Shore Protection Committee, has direct authority to issue permits
for any alterations of these environmentally critical areas.

a. Coastal Marshlands Protection Act

The Coastal Resources Division, through the Coastal Marshlands Protection Committee,
has the direct authority to permit or deny any alteration to, or construction on or over, the
marshlands or water bottoms within the estuarine area of the State.

The Coastal Marshlands Protection Act states:

No person shall remove, fill, dredge, drain, or otherwise alter any marshlands or construct or
locate any structure on or over marshlands in this state within the estuarine area thereof
without first obtaining a permit from the committee or, in the case of minor alteration of
marshlands, the Commissioner of the Department of Natural Resources. A permit may
authorize the construction or maintenance of the project proposed in the application. After
construction, pursuant to a permit, a project may be maintained without a permit so long as it
does not alter the natural topography or vegetation at the project site (O.C.G.A. 12-5-286).

The jurisdiction of the Coastal Marshlands Protection Act encompasses over 700,000 acres and
includes all salt marsh, as defined by presence of specified vegetation, intertidal areas, mudflats,
and tidal water bottoms within the estuarine area of the State. The estuarine area of the State is
defined as all tidally-influenced waters, marshes, and marshlands lying within a tide-elevation
range from 5.6 feet above mean tide level and below.

The Coastal Marshlands Protection Act created the Coastal Marshlands Protection
Committee which is composed of three members: the Commissioner of the Department of
Natural Resources and two other persons from the coast who are selected by the Board of Natural
Resources. This committee is empowered to issue all orders and grant, deny, revoke, and amend
all permits and leases required by the provisions of the Coastal Marshlands Protection Act. The
Committee has delegated their enforcement authority directly to the Coastal Resources Division.

Marinas requiring leases of State-owned marshlands and/or water bottoms require a
special type of lease as provided by the Coastal Marshlands Protection Act (O.C.G.A. 12-5-287).
Marina leases are issued by the Coastal Marshlands Protection Committee and administered by
the Coastal Resources Division.

< Part II - 44 >

BOUNDARY AND ORGANIZA T/ON

The Coastal Marshlands Protection Act provides both criminal and civil penalties for
violations of the provisions, rules, and regulations of the Act. The criminal provisions establish
any violation of the act as a misdemeanor which, in the State of Georgia, carries a penalty of a
maximum $1,000 fine and/or up to 12 months imprisonment. The civil penalty provisions for
violations of the act are civil fines not to exceed $10,000 for each violation and $10,000 for each
day such violation continues as well as liability for any actual or projected costs and expenses
incurred by the State in restoring as nearly as possible the natural movement of the waters in the
marshlands and replacing the vegetation and aquatic life destroyed by the illegal activity. The
Coastal Marshlands Protection Committee may also issue cease and desist orders for activities in
violation of the Coastal Marshlands Protection Act.

Since 1970, the Coastal Marshlands Protection Act has well served the intended purpose
to protect the marshlands. Georgia has about one-third of the remaining salt marsh on the eastern
coast of the United States. Extensive case law exists, and appeals to the Coastal Marshlands
Protection Act have been pursued all the way to the State Supreme Court. All appeals litigated
under the Coastal Marshlands Protection Act have been resolved in the favor of the State
including those claiming that the Act constitutes a taking of property.

The Coastal Marshlands Protection Act permit application requirements, permit
evaluation procedures, and appeals process are explained in Part B of this Section, "Project
Evaluation Procedures."

b. Shore Protection Act

The Coastal Resources Division, through the Shore Protection Committee, has the direct
authority to permit or deny any alteration to or construction on or over the dynamic dune fields
and submerged shoreline lands of the State.

The Georgia General Assembly enacted the Shore Protection Act in 1979. The
jurisdiction of the Shore Protection Act includes the beaches and dynamic dune fields located on
Georgia's barrier islands and the submerged shoreline lands adjacent to such beaches and
dynamic dune fields extending seaward to the limit of the State's jurisdiction in the Atlantic
Ocean. The landward boundary of the jurisdiction is defined as the first occurrence of either a
live native tree 20 feet in height or greater or of a structure existing on July 1, 1979.

The Shore Protection Act, in Code Section 12-5-237, states:

< Part n - 45 >

CHAPTER FOUR

(a) No person shall construct or erect any structure or construct, erect, conduct, or
engage in any shoreline engineering activity or engage in any land alteration which alters the
natural topography or vegetation of any area within the jurisdiction of this part, except in
accordance with the terms and conditions of a permit therefore issued in accordance with this
part. A permit may authorize the construction or maintenance of the project proposed in an
application. After construction of a project pursuant to a permit, the project may be
maintained without a permit so long as it does not further alter the natural topography or
vegetation of the site or increase the size or scope of the project.

(b) No permit shall be required for a structure, shoreline engineering activity, or land
alteration which exists as of July 1, 1979, provided that a permit must be obtained for any
modification which will have a greater adverse effect on the sand-sharing system or for any
addition to or extension of such shoreline engineering activity, structure, or land alteration;
provided, further, that, if any structure, shoreline engineering activity, or land alteration is
more than 80 percent destroyed by wind, water, or erosion as determined by an appraisal of
the fair market value by a real estate appraiser certified pursuant to Chapter 39A of Title 43,
a permit is required for reconstruction.

The Shore Protection Act also makes unlawful the operation of any motorized vehicle or other
motorized machine on, over, or across the dynamic dune field or beaches except as authorized by
the permit issuing authority. The storage or parking of sailboats, catamarans, or other
commercial or recreational marine craft in any dynamic dune field is prohibited without proper
authorization.

The Shore Protection Act created the Shore Protection Committee which is composed of
three members: the Commissioner of the Department of Natural Resources and two other
persons appointed by the Board of Natural Resources. This committee is empowered to issue all
orders and grant, deny, revoke, modify, suspend, and amend all permits required by the
provisions of the Shore Protection Act.

The Shore Protection Committee may issue cease and desist orders for activities in
violation of the Shore Protection Act and require corrective action to return the sand dunes,
beaches, and submerged lands to their condition prior to the violation. The Shore Protection Act
establishes civil penalties for violations of the provisions, rules, and regulations in the form of
monetary fines up to $ 10,000 for each violation and $ 10,000 for each day such violation
continues. Any actual or projected costs and expenses incurred by the State in restoring the
natural topography of the sand-sharing system and replacing the vegetation destroyed by an
illegal alteration of the dynamic dune field or submerged lands are recoverable in civil actions.
Violations of the provisions which prohibit the operation of motorized vehicles on or over the
dynamic dune fields or beaches and the provisions prohibiting the parking or storing of marine
craft in the dune field are misdemeanors under Georgia law and carry a maximum penalty of
$1000 fine and/or 12 months imprisonment.

< Part 11 -46 >

BOUNDARY AND ORGANIZA TION

The Shore Protection Act has legally protected Georgia's beach and dune areas since
1979. The importance of the Act is evident when considering that over 80% of Georgia's beach
and dune areas are located on undeveloped barrier islands where human activities have not
extensively altered the natural sand-sharing system. Extensive case law exists that supports the
provisions of the Shore Protection Act. The courts have determined that the provisions of the
Shore Protection Act do not constitute a taking of property.

The Shore Protection Act permit application requirements, permit evaluation procedures,
and appeals process are explained in Part B of this Section, "Project Evaluation Procedures."

c. Revocable License

The Coastal Resources Division has the direct authority to issue Revocable Licenses.
Section 50-16-61 of the Official Code of Georgia Annotated establishes the State's authority to
require a Revocable License for encroachment upon State-owned lands, and establishes the
Governor's responsibility to protect State-owned lands. Based on Old English Common Law that
provides owners of land adjacent to water the riparian rights of access to such water, this
authority requires a Revocable License that grants permission for property owners to transgress
on State-owned lands and water bottoms in order to facilitate riparian access. The license does
not convey any rights, title, estate, interest, or easement with regard to the licensed premises.
The license merely provides the licensee a privilege subject to revocation, cancellation, or
termination at the pleasure of the State.

The Coastal Resources Division has the authority to issue, deny, and repeal the Revocable
License required for projects that encroach on State-owned lands and tidal water bottoms within
the coastal area. The authority to issue Revocable Licenses is delegated to the Coastal Resources
Division by the Governor, through the Commissioner of the Department of Natural Resources.

Permit applications pursuant to the Coastal Marshlands Protection Act can serve as joint
applications for a Revocable License. Although private docks are exempt from the requirements
of the Coastal Marshlands Protection Act, they do require a Revocable License when they occur
over State-owned water bottoms. The Revocable License provides the Coastal Resources
Division a mechanism to address the issue of cumulative environmental and aesthetic impacts
resulting from the proliferation of private docks within specific areas. The Revocable License
also provides the State authority over other activities such as pipelines, power lines, mooring
dolphins, bridges, and other activities that require the use of the water bottoms of the State. The
requirement for a Revocable License applies unless an original King's land grant can be
demonstrated.

< Part 11- 47 >

CHAPTER FOUR

Although recreational docks are exempt from the requirement for Marsh Permits under
the Coastal Marshlands Protection Act, they do require a State Programmatic General Permit. In
order to minimize paperwork and decrease the time required for issuance, the administration of
this permit has been delegated to the Coastal Resources Division by the Army Corps of
Engineers. A State Programmatic General Permit for the construction of recreational docks can
be obtained in conjunction with a Revocable License. The application and review criteria are
similar and a joint application is more efficient.

The Revocable License application requirements and evaluation procedures are explained
in Part B of this Section, "Project Evaluation Procedures."

2. Section 401 Water Oualitv Certification

The Georgia Water Quality Control Act (O.C.G.A. 12-5-20, et seq.) designates the
Environmental Protection Division of the Georgia Department of Natural Resources as the State
agency authorized to regulate water quality control program. The Coastal Resources Division
assists the Environmental Protection Division in administering the Section 401 Water Quality
Certification for projects within the coastal area. Created through the federal Clean Water Act,
the intent of the Section 401 Water Quality Certification is to provide states with the ability to
review and control the type of federal licenses or permits issued within the boundaries of the
state. Therefore, any federal license or permit issued by a federal agency that may result in a
discharge to the waters of the United States is required to receive the applicable Section 401
Water Quality Certifications from the state before it is valid. The waters of the United States
include rivers, streams, lakes, and wetlands.

Through a Memorandum of Agreement, the Coastal Resources Division provides
technical assistance to the Environmental Protection Division in administering the Section 401
Water Quality Certification within the eleven-county coastal area of Georgia. Through the 401
Certification process, each federal permit or license application undergoes a comprehensive
review process based upon State water quality standards and other applicable state laws. By law,
this certification and other State authorities are issued in a manner that is consistent with the
policies of the Georgia Coastal Management Program (O.C.G.A. 12-5-326).

Examples of federal permits requiring a Section 401 Water Quality Certification are the
following.

* Clean Water Act, Section 404 Wetlands Dredge and Fill Permits;
* Federal Energy Regulatory Commission Permits for Hydro Power Projects;
� Sections 9 and 10, Rivers and Harbors Act of 1899;
� Coast Guard Permits for Bridges Spanning Navigable Waters;

< Part 11- 48 >

BOUNVDARY AND ORGANVIZA lION

* Certain Nationwide and State Programmatic General Permits; and,
* Any other applicable federal licenses or permits.

3. State Agency Coordination: Networking Through Memoranda of Agreement

The Georgia Coastal Management Program is a networked program relying on a number
of State agencies to implement and enforce coastal resource policies. By law, all State agencies
exercising regulatory authority or management or planning authority in the coastal area shall
administer such authority in a manner consistent with the Georgia Coastal Management Program
(O.C.G.A. 12-5-326). The Coastal Resources Division, lead agency for the Coastal Management
Program, functions within this network to coordinate activities among agencies. In its role as
lead agency and coordinator, the Coastal Resources Division acts as a clearing house for
information and ensures that all relevant State permits are issued prior to federal activities (See
Chapter Eight, Federal Consistency). The Coastal Resources Division also sponsors regular
interagency meetings to foster coordination and cooperation. This coordination is formalized
through Memoranda of Agreement signed between the Coastal Resources Division and agencies
exercising State statutory authority within the coastal area. The effect of this networking process
is to unify the implementation and enforcement of individual authorities into a comprehensive
framework. This framework creates a comprehensive management program to assess and control
the direct and significant impacts of activities on coastal land and water resources.

a. Agencies Networked Through Memoranda of Agreement

A number of State agencies exercise regulatory and/or planning/management authority
for activities which will have reasonably foreseeable effects upon land use, water use, or natural
resources of the coastal area. Responsible agencies include the following.

* DNR Coastal Resources Division - Department of Human Resources
-DNR Environmental Protection Division - Department of Transportation
* DNR Historic Preservation Division - Georgia Forestry Commission
* DNR Parks, Recreation, & Historic Sites - Georgia Ports Authority
Division - Jekyll Island Authority
* DNR Wildlife Resources Division - Office of the Secretary of State
- Department of Community Affairs * Public Service Commission

Memoranda of Agreement are implemented between the Department of Natural Resources,
Coastal Resources Division and these agencies to coordinate the permit and regulatory activities
cited in the following list.

< Part 11 -49 >

CHAPTER FOUR

Georgia Department of Natural Resources -- Environmental Protection Division
* Permit for air emissions (Georgia Air Quality Act, O.C.G.A. 12-9-2, et seq.)
* Permit for solid waste disposal facilities siting, design, construction, and operation (Georgia
Comprehensive Solid Waste Management Act, O.C.G.A. 12-8-20, et seq.)
* Permit for hazardous waste facility construction and operation (Georgia Hazardous Waste
Management Act, O.C.G.A. 12-8-60, etseq.)
* Permit for ground-water withdrawal in excess of 100,000 gallons per day (Groundwater Use Act,
O.C.G.A. 12-5-90, et seq.)
* Permit for surface water withdrawal, diversion, or impoundment in excess of 100,000 gallons per
day (Georgia Water Quality Control Act, O.C.G.A. 12-9-1, et seq.)
* Permit for wastewater systems disposing sewage, industrial wastes, or other wastes into any waters
of the State (Georgia Water Quality Control Act, O.C.G.A. 12-9-1, et seq.)
* Permit for public water systems (Georgia Safe Drinking Water Act, O.C.G.A. 12-5-170, et seq.)
* Permit for surface mining operations (Georgia Surface Mining Act, O.C.G.A. 12-4-70, et seq.)
* Permit for drilling for exploration or production of oil and gas, any well for exploration or production
of other minerals greater than 1800 feet in depth, or any well for exploration or production of any
mineral located within the coastal area which is drilled to a depth sufficient to penetrate the fresh
water aquifer system (Georgia Oil and Gas and Deep Drilling Act, O.C.G.A. 12-4-40, et seq.)
* Permit for any land change that may result in soil erosion from water or wind and the movements of
sediments into state waters (Georgia Erosion and Sedimentation Act, O.C.G.A. 12-7-1, et seq.)
* Permit for construction, operation, or removal of certain dams and artificial barriers that impound or
divert water (Georgia Safe Dams Act, O.C.G.A. 12-5-370, et seq.)
* Permit for certain municipal and industrial storm water discharges (delegated by EPA -- federal
Clean Water Act, 33 U.S.C. � 1251, et seq.)
* National Pollutant Discharge Elimination System (NPDES) permits (delegated by EPA -- federal
Clean Water Act, 33 U.S.C. � 1251, et seq.)
* Section 401 Water Quality Certification pursuant to the federal Clean Water Act -- review and
recommendations are made by the Coastal Resources Division to the Environmental Protection
Division for those activities located within the eleven-county coastal area (33 U.S.C. � 1251, et seq.)
* Management authority for State-wide program regulating design, construction, installation, and
substances stored in underground tanks (Georgia Underground Storage Tank Act, O.C.G.A. 12-13-1,
et seq.)
* Authority for oil or hazardous material spills notification requirements and clean up procedures (Oil
or Hazardous Materials Spills or Releases, O.C.G.A. Title 12, Chapter 14)

Georgia Department of Natural Resources -- Parks, Recreation, and Historic Sites Division
* Permit to recognize scientific institutions or qualified individuals to conduct field archeological
research on State properties (O.C.G.A. 12-3-52)
* Permit for investigation, survey, or recovery operations of submerged cultural resources (O.C.G.A.
12-3-82)
* Authority to construct, maintain, operate, and control uses of all State parks and historic sites in the
State (O.C.G.A. Title 12, Chapter 3)
* Authority to identify and plan a scenic trails system, to acquire land, and to construct, manage, and
maintain the system (O.C.G.A. 12-3-110)

< Part H - 50 >

BOUNDARY AND ORGANIZA TION

Georgia Department of Natural Resources -- Historic Preservation Division
* Responsible for: establishing, maintaining, and expanding an inventory and register of historic
places in the State known as the Georgia Register of Historic Places which shall include all properties
listed in the National Register of Historic Places pursuant to the National Historic Preservation Act;
conducting a survey of historic and archeological resources; reviewing all federally-funded, -licensed,
or -permitted projects in Georgia for effects to historic resources; and conducting information and
education programs (O.C.G.A. 12-3-50.2)

Georgia Department of Natural Resources -- Wildlife Resources Division
* Registration of any person engaged in aquaculture activities (Georgia Aquaculture Development
Act)
* Responsible for the protection of the State's natural wildlife resources through promulgation,
administration, and enforcement of laws, rules, and regulations pertaining to hunting, fishing, boating,
endangered species, and litter control; issues licenses to hunters and persons harvesting fish or
wildlife for commercial purposes; issues licenses to recreational anglers utilizing fresh waters of the
State; issues permits for scientific collecting (O.C.G.A. Title 27, Chapters 1-5 and Title 52, Chapter 7)
* Authority to acquire, manage, operate, and control uses of Wildlife Management Areas and Public
Fishing Areas (O.C.G.A. Title 27, Chapter 1)

Georgia Department of Human Resources -- Through County Health Departments
* Authority to promulgate State-wide minimum standards for individual sewage management systems
(septic tanks) for adoption and enforcement by each county board of health (O.C.G.A. Title 31)

Office of the Secretary of State
* License to dig, mine, or remove phosphate deposits from the navigable streams or waters of the
State, or from any public lands on the banks or margins thereof (O.C.G.A. 12-4-100)

Jekyll Island Authority
* Authority to manage and control uses of Jekyll Island (O.C.G.A. 12-3-232)

Georgia Ports Authority
* Authority to acquire, construct, maintain, operate, develop, and manage the port facilities and
harbors of the State (O.C.G.A. 52-2-4)

Georgia Department of Transportation
* Responsible for the systematic planning, construction, maintenance, and operation of the State
highway system (O.C.G.A. Title 32)

Georgia Forestry Commission
* Responsible for the management of State forests and woodlands and with advising and cooperating
with private land owners in the promotion of forest management practices (O.C.G.A. Title 12, Chapter
6)

Georgia Public Service Commission
* Regulates railroads, public transit systems, telephone and telegraph companies, and gas or electric
light and power companies in the State (O.C.G.A. Title 46).

< Part U - 51 >

CHAPTER FOUR

Georgia Department of Community Affairs --
Coastal Georgia Regional Development Center
Altamaha-Georgia Southern Regional Development Center
Southeast Georgia Regional Development Center
Responsible for assisting local governments in meeting the requirements of the Georgia Planning
Act including the process for reviewing proposed development projects likely to create regional
impacts (O.C.G.A. Title 50, Chapter 8)

b. Description ofAgreements

Memoranda of Agreement (MOAs) are negotiated among the State agency participants in
the Georgia Coastal Management Program network. These MOAs are used to coordinate the
relevant authorities of State agencies, thus establishing the cooperative networking process
necessary to implement and enforce the Program. Participating agencies recognize that the
Program is based upon State laws and rules and regulations, and that coordination of activities
helps maximize resources and improve coastal management. Each agency administers its coastal
resource protection responsibilities as designated by Georgia State law, and cooperates with the
Coastal Resources Division to implement Program policies. In return, the Coastal Resources
Division provides information and technical assistance to agencies and to permit applicants about
the networked program, and may provide additional enforcement of Georgia law. The Coastal
Resources Division also hosts regular interagency meetings to air issues and discuss activities.
Sample Memoranda of Agreement may be found in Appendices V and VI.

B. Project Evaluation Procedures of State Authorities

The Coastal Resources Division implements the Georgia Coastal Management Program
through direct permitting authorities and through Memoranda of Agreement as described in the
previous section. The Division hosts regular interagency meetings to coordinate activities among
agencies. In addition, the Division may concur with or object to a consistency certification or
determination made by an applicant for a federal permit or by a federal agency (See Chapter
Eight). Finally, the Division provides technical assistance to facilitate permitting processes.

This section describes the permit application evaluation process for activities within the
jurisdictions of the Coastal Marshlands Protection Act and the Shore Protection Act, and the
issuance of the Revocable License required for activities encroaching upon State-owned water
bottoms. Two key components of the project evaluation procedure are the optional project
review service and the optional interagency coordination meetings. The Coastal Resources
Division encourages people and agencies to take advantage of the technical expertise within the
Division through participation in these services. These benefits are also described in Part 4,
"Technical Assistance for Project Development."

BOUNDARY AND ORGANIZA TION

1. General Project Review Procedure

Each agency with permitting authority in the coastal area reviews permit applications
based on that agency's legal criteria for evaluation. Through the cooperative process established
by the Georgia Coastal Management Program, networked agencies are encouraged to apply the
following considerations as appropriate.

(1) Consider the extent to which the project will have adverse impacts on the
environmentally sensitive areas within the jurisdiction of the Shore Protection Act
and the Coastal Marshlands Protection Act (beaches, dynamic dune fields, tidally-
influenced waters, salt marshlands, and submerged shoreline lands), the
Revocable License (State-owned tidal water bottoms), and the Section 401 Water
Quality Certification Program (waters of the U.S.).

(2) Consider the extent to which the project will protect, maintain, or improve water
quality, particularly in coastal aquatic areas of special resource value, for example,
wildlife spawning areas or shellfish areas.

(3) Consider the extent to which the project will meet existing State and federal
requirements for protection of inland wetlands and for waste discharges,
specifically point sources of air and water discharge.

(4) Consider the extent to which the project takes into account the maintenance or
p ~ ~~~~~improvement of the economic stability of coastal communities.

(5) Consider the extent to which the project is in compliance with local or regional
zoning and/or comprehensive plans.

(6) Consider the possible long-range, cumulative effects of the project, both positive
and negative, when reviewed in the context of other possible development.

(7) Consider the extent and significance of negative impacts on Special Management
Areas (SMAs). The determination of negative impacts is made in each case with
reference to the priorities of use for the particular SMA.

(8) Consider the extent and significance of impacts on the quality or quantity of
unique natural features such as endangered wildlife and vegetation, significant
I ~~~~~~marine species, and existing water quality standards.

< Partil1- 53 >

CHAPTER FOUR

(9) Consider the extent to which the project is in the national and/or regional interest.

2. Project Evaluation Procedures: Coastal Resources Division

The procedures for obtaining permits required by the Coastal Marshlands Protection Act
and the Shore Protection Act as well as the process for obtaining a Revocable License are
explained in this section. These permits and licenses are issued directly by the Coastal Resources
Division through the Coastal Marshlands Protection Committee, the Shore Protection
Committee, or Division staff. Applicants should refer to cited statutes for specific information
on permit requirements. Determinations on approval or denial of permit applications are based
on the individual merits of each application. In general, Coastal Resources Division staff apply
the following considerations.

(1) Consider the extent to which the project requires a waterfront location.

(2) Consider the extent to which the project would harmfully obstruct the natural flow
of navigable water.

(3) Consider the extent to which the project would affect the production of fish,
shrimp, oysters, clams, crabs, or any marine life or wildlife or other natural
resources in a particular area including, but not limited to, water and dissolved
oxygen supply.

(4) Consider the extent to which the project could cause erosion, shoaling of
channels, or creation of stagnant water.

(5) Consider the extent to which the project could affect existing public access to tidal
and submerged lands, navigable waters, beaches, and other recreational coastal
resources.

(6) Consider the extent to which the project could affect the habitats for rare and
endangered species of wildlife or irreplaceable historic and archeological sites of
Georgia's coastal area.

(7) Consider the extent of any adverse environmental impact which cannot be avoided
by reasonable safeguards.

(8) Consider the extent to which all feasible safeguards are taken to avoid adverse
environmental impacts resulting from the project.

< Part 11- 54 >

BOUNDARY AND ORGANIZATION

(9) Consider the extent to which the project could affect the value and enjoyment of
adjacent riparian owners.

For direct permitting authorities, the Coastal Resources Division staff has a regular,
established process for project review. Each staff member with review responsibility completes
an evaluation sheet for each permit application or review and certification project. This
evaluation becomes part of the permanent application file. Evaluations are made by biologists,
planners, engineers, or other professional staff. The evaluation sheets require that information be
compiled and issues addressed to develop a comprehensive review of each project, including
project description, site analysis, applicable program policies, rules and regulations, and possible
impacts of the proposal on coastal land or water resources. On-site inspections are made by
professional staff for all project proposals within the direct permitting authority of the program
and for projects requiring review. Staff reviewing projects hold regular meetings to discuss all
direct permit applications and review projects at or near completion before permit or certification
decisions are made.

The Coastal Resources Division encourages the submission of development plans for
preliminary review by staff, and assists in expediting the filing of applications for all necessary
permits. Applications for Coastal Marshlands Protection Act permits, Shore Protection Act
permits, and Revocable Licenses are filed with Coastal Resources Division staff.

a. Coastal Marshlands Protection Act Permits

Activities that require a permit pursuant to the Coastal Marshlands Protection Act also
require a Revocable License for use of State-owned lands and often require a Section 404 permit
from the U.S. Army Corps of Engineers, Savannah District. Certain projects also require a
Section 401 Water Quality Certification. The Coastal Resources Division utilizes a joint
application form that meets the application requirements of the Coastal Marshlands Protection
Act, the Corps of Engineers, the Revocable License, and the Section 401 Water Quality
Certification. Projects that do not meet the enforceable policies of the Georgia Coastal
Management Program are not issued permits.

Refer to O.C.G.A. 12-5-283 and 12-5-286 for application requirements, public notice
requirements, permit conditions, and the appeals process for permit applications. In general,
projects requiring a Coastal Marshlands Protection Act permit must submit to the Coastal
Resources Division the following: an application form, site map or survey, landfill/hazardous
site determination letter, zoning letter, soil and erosion control letter, plan with jurisdiction, copy
of deed with plat, adjoining landowner notice, fees, and any other applicable leases, licenses, or
certifications. Technical assistance in completing permit applications is available from the
Coastal Resources Division.

CHAPTER FOUR

b. Shore Protection Act Permits

The Coastal Resources Division receives applications for permits pursuant to the Shore
Protection Act. The staff identifies projects within the jurisdiction of the Shore Protection Act
which may also require a Revocable License, a Section 404 permit from the Corps of Engineers,
Savannah District, and/or a Section 401 Water Quality Certification issued by the Environmental
Protection Division. Projects that do not meet the enforceable policies of the Georgia Coastal
Management Program are not issued permits.

Refer to O.C.G.A. Sections 12-5-238, 12-5-239, and 12-5-244 for application
requirements, public notice requirements, permit conditions, and the appeals process for permit
applications. In general, projects requiring a Shore Protection Act permit must submit to the
Coastal Resources Division the following: an application form, site map or survey,
landfill/hazardous site determination letter, zoning letter, soil and erosion control letter, plan with
jurisdiction, copy of deed with plat, adjoining landowner notice, fees, plans with jurisdiction and
all improvements, architect's certification, and signed Revocable License. Technical assistance
in completing permit applications is available from the Coastal Resources Division.

c. Revocable License Program & State Programmatic General Permitfor Recreational Docks

The Coastal Resources Division has the authority to issue, deny, and revoke the
Revocable License required for projects that encroach on State-owned lands and tidal water
bottoms within the eleven-county coastal area. Permit applications pursuant to the Coastal
Marshlands Protection Act, the Shore Protection Act, and the Section 401 Water Quality
Certification also serve as joint applications for a Revocable License. In general, other projects
requiring a Revocable License must submit to the Coastal Resources Division the following: an
application for a Joint Army Corps of Engineers/State of Georgia Marshlands Protection Permit
or a State Programmatic General Permit for Private Docks, signed Revocable License application
form, copy of deed with plat, plan or drawing of proposal and manner or method proposal will be
accomplished, project plans, and adjoining landowner notice if applicable. Technical assistance
in completing license and permit applications is available from the Coastal Resources Division.

Applications for Revocable License are evaluated concurrently with other necessary
permit applications, including marina leases and applicable State Programmatic General Permits.
Coastal Resources Division staff may conduct site visits to ascertain riparian rights of access
before recommending issuance of the Revocable License. Individuals have no legal rights to
encroach on State-owned lands or water bottoms and, therefore, have no right to appeal a denial
or revocation of a license other than legal action brought directly in the courts against the State.

< Part 11- 56 >

BOUNDARY AND ORGANIZA TION

Through this process, a State Programmatic General Permit for recreational docks may be
issued by the Division. The criteria for these pen-nits are: (1) the walkway width must be six feet
or less; (2) the total area of a fixed dock must be 576 square feet or less; (3) the total area of a
floating dock must be 288 square feet or less; and (4) the maximum distance into the waterway is
25 feet or one-third the width of the channel, whichever is less. The administration of the State
Programmatic General Permit has been delegated to the Coastal Resources Division by the Army
Corps of Engineers to minimize paperwork and to decrease the time required to issue these
permits. Applications for State Programmatic General Permits for recreational docks are
reviewed in conjunction with Revocable License applications.

d. Appeal Procedures for Direct Permitting Authorities

If the applicant for any of the Coastal Resources Division's direct permitting authorities
disagrees with the Division's finding, there is a formal appeal process available. The appeal
process varies, depending upon the type of permit, license, lease, or certification in question.
These appeal processes are described below:

(a) For decisions involving permiits of the Coastal Marshlands Protection Act or the
Shore Protection Act any person or agency who is aggrieved or adversely affected
by any order or action, upon petition within 30 days after the issuance of such
order or taking of such action, has a right to a hearing before an administrative
law judge. The hearing before the administrative law judge shall be conducted in
I ~ ~~~~~accordance with O.C.G.A. Chapter 13 of Title 50, the "Georgia Administrative
Procedure Act." The decision of the administrative law judge shall constitute the
final decision and any party to the hearing, including the Committee, shall have
the right of judicial review thereof in accordance with O.C.G.A. Chapter 13 of
Title 50.

(b) For those matters under the provisions of the Revocable License, there is no
provision of administrative law judge review. Instead, persons have access to the
State court process, as defined by Georgia law.

3. Project Evaluation Procedures: Policies lninplemented by Other Agencies

In addition to the direct authorities of the Coastal Resources Division discussed in the
section above, some Georgia Coastal Management Program authorities are administered by other
State agencies. The Georgia Coastal Management Act as well as the Memoranda of Agreement
with applicable State agencies include a provision that State agencies will issue authorizations
I ~~~only to projects that are consistent with the policies of the Coastal Management Program.

< Part 11 -57 >

CHAPTER FOUR

a. Notification of Coastal Management Activities

For projects in the coastal area, the Coastal Resources Division receives notification of
activities requiring authorization through several sources. The Memorandum of Agreement with
each permitting agency stipulates the process whereby the Coastal Resources Division receives
notice of each permit or other authority issued. Projects may also be brought up and discussed
prior to issuance of authorization at the interagency meetings hosted by the Coastal Resources
Division.

The Coastal Management Program also receives project notifications through the
Executive Order 12372 Review Process, a Statewide clearinghouse for comments administered
by the Georgia Office of Planning and Budget. Other sources of project notification are the
Environmental Impact Statement required for major federal or federally-funded projects by the
National Environmental Policy Act, and the Environmental Effects Report required for major
State and State-funded projects by the Georgia Environmental Policy Act.

b. Review Procedure

The Coastal Resources Division is not required to review projects being permitted by
other State agencies, although it may provide technical assistance to other agencies at their
request. Each State agency with permitting authority in the coastal area includes as part of its
review process a check for consistency with Georgia State law under its authority. The Georgia
Coastal Management Act requires all State agencies with regulatory authority or management or4
planning authority in the coastal area to administer such authority in a manner consistent with the
Coastal Management Program (O.C.G.A. 12-5-326). Memoranda of Agreement between the
Division and other State agencies with responsibility in the coastal area help ensure that all
parties understand their responsibilities for compliance and enforcement under the Coastal
Management Program. Thus, consistency with the Georgia Coastal Management Program is
achieved through State agency adherence to Georgia State law, including the Coastal4
Management Act, and through adherence to the Memoranda of Agreement with the Coastal
Resources Division. Regular interagency meetings allow cooperating agencies to coordinate
activities. Each State agency conducts its project evaluation procedure in accordance with State
law. The Coastal Resources Division provides coordination among agencies, serving as a
clearinghouse to notify other agencies (including federal) and the applicant when all permits have
been issued (or denied). Refer to Chapter Five for a description of management authorities.

c. Appeal Procedures for Projects Authorized by Other Agencies

The appeal process for those authorities issued through other State agencies networked
with the Georgia Coastal Management Program is defined by State law for the applicable permit
or regulatory process. Refer to Chapter Five for a description of management authorities.

< Part 11 -58 >

BOUNDARY AND ORGANIZATION

4. Technical Assistance for Project Development

The Coastal Resources Division provides technical assistance to individuals through its
preliminary project review service and project coordination meetings, and to other agencies
through quarterly interagency coordination meetings and occasional project coordination
meetings. In addition, any person or agency requiring technical expertise with regard to coastal
resource issues may contact the Division at any time for assistance or referral.

a. Project Review Service

Though not required, the Coastal Resources Division encourages people to submit
preliminary development plans for consultation. Division staff reviews plans for potential
conflicts with the policies of the Georgia Coastal Management Program, and provides technical
assistance to help modify proposals and resolve conflicts. The staff also identifies any required
permits, licenses, or certifications relative to specific projects submitted for consultation and
makes every effort to assist in expediting the application process for necessary permits, licenses,
and/or certificates. This consultation project review service is available for any proposed
development or activity within the eleven-county coastal area.

b. Interagency Coordination Meetings

On a quarterly basis, the Coastal Resources Division hosts an interagency coordination
meeting to allow agencies with regulatory and/or management or planning authority in the
coastal area to coordinate policy and procedures, air issues, and improve coordination. The
purpose of these meetings is to foster agency coordination and improve cooperation. The
meetings are not intended to review individual projects.

The following State agencies with regulatory and/or management authority in the eleven-
county coastal area are invited to attend.

* DNR Coastal Resources Division* � Department of Human Resources*
* DNR Environmental Protection Division* � Department of Transportation*
* DNR Historic Preservation Division* � Georgia Forestry Commission
* DNR Parks, Recreation, & Historic Sites � Georgia Ports Authority
Division � Jekyll Island Authority
* DNR Wildlife Resources Division* � Office of the Secretary of State
* Department of Community Affairs � Public Service Commission*

* Denotes agency with regulatory authority.

< Part II - 59 >

CHAPTER FOUR

In addition to State agencies, the following federal agencies with regulatory and/or management
authority in coastal Georgia are invited to attend.

� U.S. Army Corps of Engineers
� U.S. Environmental Protection Agency
� U.S. Fish and Wildlife Service

Since they hold key regulatory authority, every effort is made to ensure that representatives from
the Department of Natural Resources Environmental Protection Division, the Department of
Natural Resources Historic Preservation Division, the U.S. Army Corps of Engineers, the U.S.
Environmental Protection Agency, and the U.S. Fish and Wildlife Service are present at the
quarterly meetings.

In addition to the above-mentioned agencies, any federal, State, regional, or local
agencies with an interest in coastal resource management are encouraged to attend the
interagency coordination meetings. The Coastal Resources Division publicizes meetings in
advance, and welcomes participation from other agencies.

c. Project Coordination Meetings

The Coastal Resources Division organizes occasional interagency meetings, at the request
of applicants, to discuss project proposals. The purpose of the meetings is to foster agency
coordination and cooperation with respect to specific projects, and is not intended as an
additional public review of the merits of the proposed project. Project coordination meetings
allow potential applicants to meet relevant State and federal permitting agencies during the
planning process for their project. The meetings also allow permnitting agencies to provide input
during the planning and design phase of a project. This helps the applicant avoid delays during
construction, helps avoid conflict between agency recommendations, and helps avoid "last-
minute" change requests to the various agencies.

d. Other Technical Services

The Coastal Resources Division makes every effort to educate individuals and other
agencies about permit requirements and coastal resource issues. Any individual or agency may
contact the Division during normal working hours to receive technical assistance. To the extent
possible given limited staff and resources, the Division promotes and supports education and
outreach activities.

< Part 11 -60 >

BOUNDARY AND ORGANIZA TION

C. Enforcement and Compliance of State Legal Authorities

Each of the policies of the Georgia Coastal Management Program is based on a legal
authority that is enforceable under Georgia law. The law cited for each policy has a concomitant
penalty for violation of law or the rules and regulations implementing that law. Officers and
conservation rangers of the Department of Natural Resources are authorized to enter property and
to inspect activities for adherence to promulgated requirements and compliance with permit
conditions as defined by the applicable Georgia law.

The Coastal Resources Division has an enforcement and compliance function which
includes State-certified law enforcement officers. Division staff, with support from the Wildlife
Resources Division's Law Enforcement Section, conducts compliance inspections of permitted
activities within the eleven-county coastal area. Individuals with enforcement responsibility also
seek out activities in violation of Georgia Coastal Management Program policies and the rules
and regulations of the State through routine air, water, and land patrols.

Public awareness and involvement in the protection of Georgia's coastal resources is a top
priority of the enforcement and compliance officers. The initial emphasis of the enforcement and
compliance staff is public education through dissemination of information on the Georgia
Coastal Management Program requirements and the underlying Georgia law.

D. Water and Air Quality Standards

The Georgia Department of Natural Resources, Environmental Protection Division is the
State agency responsible for implementing the requirements of the federal Clean Water Act (33
U.S.C. � 1251, et seq.) and federal Clean Air Act (42 U.S.C. � 7401, et seq.). For federal permits
or licenses issued for activities within the coastal area or significantly impacting coastal
resources, the Coastal Resources Division assists the Environmental Protection Division with its
administration of the Section 401 Water Quality Certification. The Georgia Air Quality Act
(O.C.G.A. 12-9-1, et seq.) and Georgia Water Quality Control Act (O.C.G.A. 12-5-20, et seq.),
administered by the Environmental Protection Division, establish the criteria necessary to meet
the mandated requirements of the federal Clean Air Act and federal Clean Water Act.

The Coastal Resources Division and the Environmental Protection Division are within
the same State agency, the Department of Natural Resources, with the same governing body, the
Board of Natural Resources. Although administered by the Coastal Resources Division,
Georgia's Coastal Management Program relies on the support, input, and cooperation provided by
the Environmental Protection Division. The Memorandum of Agreement between the Coastal
Management Program and the Environmental Protection Division addresses the requirement for

CHAPTER FOUR

incorporating the mandates of the federal Clean Air Act and federal Clean Water Act into the
Coastal Management Program.

E. Program Amendment Procedures

Due to the dynamic nature of the coastal area, even a flexible management program
requires periodic updating. Upon implementation of the Georgia Coastal Management Program,
the efficiency and effectiveness of the organizational structure, policies and other authorities, and
the procedural processes of the program must be continually evaluated by those associated with
or impacted by the Coastal Management Program including the Coastal Resources Division staff,
the Board of Natural Resources, the General Assembly, the general public, special interest
groups, and federal, State, regional and local agencies. In addition, changes in coastal resources
concerns, evolving coastal issues, and changes in public priorities and expectations may
necessitate modifications to the Coastal Management Program. The following procedures for
program amendments and refinements provide for such modifications related to: (1) uses subject
to management; (2) special management areas; (3) boundaries; (4) authorities and organization;
and (5) coordination, public involvement, and the national interest.

Proposals for any change in the Georgia Coastal Management Program may originate
within the Department of Natural Resources, within a federal, State, or local government unit,
within a special interest organization, or with the general public. In all instances, the Coastal
Resources Division may consider the proposal for a period of 30 days before determining
whether modification procedures should be initiated. Upon decision that a proposed program
modification is warranted, the Coastal Resources Division staff will determine whether the
proposed change constitutes an amendment or a routine program change, according to federal
criteria (C.F.R. 15 �� 923.80-923.84). The National Oceanic and Atmospheric Administration,
Office of Ocean and Coastal Resource Management has the ultimate authority to decide whether
a proposed program change is a routine program change or an amendment.

Amendments to the Coastal Management Program will require review and approval of
the Commissioner of the Department of Natural Resources. Amendments also require at least
one public hearing preceded by a 30 day public notice period. Since policies within the Coastal
Management Program are State laws, these may only be changed by an act of the Georgia
General Assembly and are initiated following regular legislative processes. All substantive
changes to the Georgia Coastal Management Program must also be approved by the Office of
Ocean and Coastal Resource Management (C.F.R. 15 �� 923.80-923.84).

< Part 11- 62 >

BOUNDARY AND ORGANIZATION

F. Conflict Resolution

While the Georgia Coastal Management Program seeks to improve interagency
cooperation and coordination, occasionally interagency conflicts may arise. Disagreements
among agencies in the coastal management network may occur, for example, over terms or
implementation of a Memorandum of Agreement, or if one agency believes the other is not
adequately complying with the Coastal Management Act. Every effort shall be made to resolve
potential interagency conflicts during informal interagency meetings. If, however, there is a
disagreement that cannot be resolved informally, the Attorney General's office has the authority
to investigate the matter and render a decision.

< Part 11 -63 >

CHAPTER FOUR

SECTION III:

LOCAL GOVERNMENT COORDINATION

A. Recognition of Local Governments

The Coastal Resources Division recognizes the importance of extensive local government
input and coordination in the development and implementation of the Georgia Coastal
Management Program. Representatives from the eleven counties and municipal governments
within the coastal area are included on the Coastal Management Program mailing list. These
representatives receive notices of all Coastal Advisory Committee meetings, as well as general
program information. In addition, local governments are offered a seat on the Coastal Advisory
Committee.

All county and municipal governmental units within the coastal area were provided a
copy of the draft Coastal Management Program Document. Local government comments and
recommendations were incorporated into the Management Program wherever feasible. Coastal
Resources Division staff made individual contacts with each local government within the coastal
area in order to present information about the Georgia Coastal Management Program.

Each county and city within the coastal area is represented by at least one member on the
Coastal Advisory Committee, to ensure direct participation by local interests in development of
the Georgia Coastal Management Program.

B. Local Government Involvement

Through the Georgia Coastal Management Program, the Coastal Resources Division has
established a mechanism for continuing consultation and coordination with local governments,
interstate agencies, regional agencies, and other agencies within the coastal area, in order to
ensure full participation of local governments and agencies in program development and
implementation.

The Coastal Georgia Regional Development Center, the Heart of Georgia Regional
Development Center, and the Southeast Georgia Regional Development Center are an integral
part of the Coastal Management Program's coordination with local governments within the
coastal area. The Georgia Planning Act established the Department of Community Affairs as the
principal department for local government affairs within the executive branch of State
government. Seventeen Regional Development Centers were created as the mechanism to
provide local governments, on both an individual and regional basis, with professional technical
assistance in meeting the Act's requirements. Under the Georgia Planning Act, local

< Part 11 -64 >

BOUNDARY AND ORGANIZATION

governments are required to prepare comprehensive plans using State minimum planning
standards promulgated by the Department of Community Affairs.

The Regional Development Centers are responsible for reviewing these plans, as well as
large-scale projects known as "developments of regional impact" that may have adverse effects
beyond the jurisdiction of the city or county in which they occur. A Memorandum of Agreement
between the Coastal Resources Division, the Department of Community Affairs, and the
Regional Development Centers within the coastal area establishes a procedure for reviewing
local government comprehensive plans to identify conflicts with the policies of the Coastal
Management Program and eliminate duplication of efforts.

Headquartered in Brunswick, the Coastal Georgia Regional Development Center
encompasses eight of the eleven counties of the coastal area (Bryan, Camden, Chatham,
Effingham, Glynn, Liberty, Long, and McIntosh). The Heart of Georgia Regional Development
Center includes one second tier coastal county -- Wayne County. The Southeast Georgia
Regional Development Center contains two second tier counties -- Brantley and Charlton.

The Regional Development Centers assist in disseminating Coastal Management Program
information to local governments. Coordination with each of the three Regional Development
Centers occurred during program development, and the Coastal Georgia Regional Development
Center in particular has been extensively involved. The completed draft document describing the
Coastal Management Program was provided to each of the three Regional Development Centers
for review, comment, and recommendations.

In the process of educating people about the Coastal Management Program, Coastal
Resources Division staff met with all local governments in the coastal area. Subsequently, many
of these local governments passed resolutions indicating their support of the Program. As
representatives of the citizens of coastal Georgia, local government officials recognize the
importance of balancing economic development with natural resource protection, and view the
Georgia Coastal Management Program as a mechanism to further that goal.

C. Local Level Program Implementation

Through the Georgia Coastal Management Program, the Coastal Resources Division
encourages the development and implementation of local capabilities for managing growth and
development. The Coastal Resources Division encourages local planning, permitting, and
administrative functions to be conducted in concert with the policies of the Georgia Coastal
Management Program by providing technical assistance directly to local governmental entities
and to Regional Development Centers. Coastal Incentive Grants are awarded on a competitive

< Part 11 -65 >

CHAPTER FOUR

basis to local governments and state agencies (including Regional Development Centers) to fund
projects that address specific local coastal needs or problems.

The management approach described in the Georgia Coastal Management Program
Document addresses the potential impacts of coastal activities on coastal resources rather than
the general land uses with which certain coastal activities are associated. The legal framework
and policies of the Program encourage, support, or establish conditions for specific coastal
activities on the basis of actual or potential effects on coastal land and water resources -- they do
not dictate or establish land use or zoning classifications. Land use planning and zoning continue
to be the responsibility of local governments. While the Georgia Planning Act requires
municipal and county governments to develop comprehensive plans that address natural and
historic resources, there is no requirement for implementation and enforcement of such plans.

Under the Erosion and Sedimentation Act (O.C.G.A. 12-7-1 et seq.), local governments
are responsible for adopting comprehensive ordinances establishing procedures governing land-
disturbing activities. Complying local governments are delegated authority to issue Erosion and
Sedimentation, or "land-disturbing," permits. To date, eight of the eleven counties and 20 of the
32 municipalities have adopted such ordinances within the coastal area. Therefore, the Erosion
and Sedimentation Act is implemented at the local level throughout the majority of the coast.
The Environmental Protection Division continues to implement the program in areas that have
not yet adopted ordinances. Refer to the paragraphs describing Erosion and Sedimentation in
Chapter Five for additional information. While Erosion and Sedimentation permits are issued at
the local level, variances to these permits are issued by the State Environmental Protection
Division.

The permit process outlined in the Georgia Coastal Management Program Document is
coordinated with local governments. Permits administered directly by the Coastal Resource
Division through its direct permitting authorities are described in Chapter Four. Private
recreational dock projects, which are exempt from the Coastal Marshlands Protection Act, are
required to obtain a Revocable License from the Coastal Resources Division for encroachment
upon State-owned lands and water bottoms. Local municipalities and counties are forwarded
notification of any Revocable License issued within their jurisdiction.

These procedural requirements of the Georgia Coastal Management Program ensure
coordination and communication between the Coastal Resources Division and local regulatory
authorities. Coordination between the Regional Development Centers and the Georgia Coastal
Management Program also establish strong local relationships. Local government units and the
Regional Development Centers may initiate, through the Coastal Resources Division,
amendments and modifications to the Management Program using the procedures outlined in
Chapter Four.

< Part II - 66 >

BOUNDARY AND ORGANIZA TION

The Coastal Incentive Grants available through the Georgia Coastal Management
Program are directed at addressing specific information needs or projects that are local and
regional priorities. Annual themes and funding criteria are developed by the Coastal Advisory
Comm-ittee, as described in Appendix VIII. Projects must fulfill the goals of the Program as
stated in Chapter Three, and priority is given to projects that address Public Task Force
recommendations listed in Appendix VIII. Many resource issues, including groundwater
concerns, historic resource identification, beach access, and others can best be solved through
education and outreach rather than regulations. Project funding through Coastal Incentive Grants
provides a mechanism to address these types of local and regional issues, thereby fulfilling the
goals of the Coastal Management Program proactively.

The Coastal Resources Division is developing "the Coastal Ark," a public and local
government outreach and technical assistance initiative. The Ark is a mobile resource platform
that will be driven to local communities to provide informnation and management tools directly to
resource users and local decision-makers. The Ark is an important component of the Georgia
Coastal Management Program's efforts to provide technical assistance to local governments.

In summary, local governments have special needs and priorities specific to their
communities. With the Georgia Coastal Management Program, the role of the Coastal Resource
Division is to provide technical assistance to local governments in order to address priority
issues. Many concerns and information needs are most appropriately addressed at the local level.
Through technical assistance and Coastal lIncentive Grants, the Coastal Resources Division uses
Coastal Management Program resources to support local projects. The Coastal Management
Program does not change the authority of local governments over zoning and land use planning;
rather, it enhances the ability of local governments to address local issues by facilitating funding
and technical support.

< Part 11 -67 >

CHAPTER FOUR

SECTION IV:
PUBLIC PARTICIPATION

The Georgia Coastal Management Program was developed with full participation by all
interested parties, public and private, including State agencies, local governments, regional
organizations, and port authorities. The Georgia Department of Natural Resources
Commissioner, upon Georgia's re-entry into the coastal management program development
process in October 1992, stated that the development of the Program would be guided and
directed by a consensus of the citizens of coastal Georgia and the State.

Several methods have been used to make available general information regarding the
Program's design, content, and status throughout the development process. The initial efforts of
the Coastal Resources Division staff were focused on acquainting the public with the concepts
and basic premises of coastal management, on a state and national basis, in order to build a
strong and active public participation component. A brochure entitled "Georgia's Coastal
Management Program," which explains the history, need, basic requirements, benefits, and the
State's concept of coastal management was developed and widely distributed. The Coastal
Resources Division staff made presentations to a variety of citizens groups in order to explain the
Program.

In October 1992, the Governor appointed a 25-member Coastal Zone Advisory
Committee which represented a diverse cross-section of the coastal Georgia citizenry. The
primary function of this committee was to provide a mechanism for public participation and
input during program development. Advisory Committee meetings were held at least quarterly at
locations throughout the coastal area, and were open to the public. Notice of Advisory
Committee meetings were provided at least ten days in advance to over fifty media contacts
throughout the State, including radio stations, television stations, and newspapers located in
coastal Georgia and north Florida. Notices were also sent to everyone on the Coastal
Management Program mailing list. As of August 1997, this mailing list includes approximately
1,100 individuals.

Coastal Zone Advisory Committee meetings provided updates on the progress and
general direction of the Management Program, and opportunities for public comment and
recommendations. The Coastal Zone Advisory Committee formed three subcommittees (Land
Resource Goals Subcommittee, Water Resource Goals Subcommittee, Associated Resource
Goals Subcommittee) to develop public consensus on broad goals for the Management Program's
resource protection policies. These Resource Goals Subcommittees consisted of over fifty
citizens representing business, industry, government, environmental groups, regional
development centers, and the general public. Resource Policy Citizen Task Forces, using the
resource goals developed by the three Subcommittees and the draft Coastal Management

< Part II - 68 >

BOUNDARY AND ORGANIZATION

Program resource policies, recommended over 330 resource policies on the activities identified to
impact coastal land and water resources.

When the two-year appointment of the Coastal Zone Advisory Committee ended in
September of 1994, the committee sunsetted. In November 1994, the Commissioner of the
Department of Natural Resources appointed a new committee called the Coastal Advisory
Committee. All members of the previous Advisory Committee were offered the opportunity to
continue service. Individuals declining reappointment were replaced with others who
represented their county or general constituency. The primary role of this Committee is to review
the draft Program Document, to assist with public education and outreach activities throughout
the development process, and to provide technical assistance. In June, 1997, the Coastal
Advisory Committee was expanded to increase participation from local governments. Their
function in the future will be to develop annual themes and funding criteria for Coastal Incentive
Grants.

In November 1995, the draft Georgia Coastal Management Program Document was made
available to the public for review. Formal public notice was posted and several public meetings
were held. These sessions provided interested parties the opportunity to comment on the
Program and the Program Document. In addition to the public meetings, the Coastal Advisory
Committee reviewed the Program Document and provided written comments.

In response to public input, the Georgia General Assembly passed a resolution in March,
1996 creating a Joint House/Senate Coastal Management Study Committee. The purpose of the
Study Committee was to decide whether or not to pursue a federally-approved coastal
management program in Georgia. Committee members were appointed in July 1996.

In September 1996, the Joint House/Senate Coastal Management Study Committee met
for an informational meeting presented by individuals from the Coastal Resource Division, the
National Oceanic and Atmospheric Administration, and the Coastal Advisory Committee. This
meeting was to educate the Study Committee about the history of coastal management in
Georgia, existing management efforts, the public process, the federal program, how Georgia
meets federal guidelines, the enabling legislation, and the benefits of the program to Georgia.
Members of the Coastal Advisory Committee and the public had the opportunity to voice
opinions about the Coastal Management Program.

The November, 1996 draft Georgia Coastal Management Program Document was
available for public comment from October 28, 1996 to January 6, 1997. Two public hearings
were held, in Brunswick on November 6 and in Richmond Hill on November 13. Public
response was overwhelmingly supportive of the Program. On November 26, 1996, the
Legislative Study Committee met in Atlanta to review public comments and make their
recommendation. The Committee voted unanimously that enabling legislation for the Georgia

< Part 11- 69 >

CHAPTER FOUR

Coastal Management Program should proceed to the full General Assembly for consideration.
On December 3, 1996, Governor Zell Miller announced his endorsement of the Program, based
on public support, Advisory Committee support, and the Study Committee recommendation.
The Governor included the proposed Georgia Coastal Management Act as part of his legislative
package for the 1997 session of the General Assembly.

Regarding other public outreach efforts, the Coastal Resources Division employs a full-
time public outreach and education specialist. This position's responsibilities include developing
educational and technical materials for the public and for specific audiences. In response to the
need for public outreach and education on coastal issues, various information materials were
produced. These materials include: a Georgia Coastal Management Program brochure, Fact
Sheets, a portable display, and a quarterly newsletter. The newsletter, entitled "The Georgia
Sound," informs the public on Program developments and coastal issues and events; it is
distributed free of charge to everyone on the mailing list.

Another public outreach initiative is the annual "CoastFest" fair hosted by the Coastal
Resources Division. A public celebration of Georgia's coastal resources, this educational event
features programs involving live animals and expert biologists, as well as displays representing
environmental organizations, commercial fishing industries, recreational fishing clubs, sea
kayaking companies, and other federal, State, and local organizations. In 1996, 17 organizations
participated in CoastFest, and approximately 800 people, including hundreds of local school
children, attended the festival.

Throughout the implementation of the Coastal Management Program, public outreach
and education activities will continue to be developed and improved. The Coastal Resources
Division is developing a "Coastal Ark" mobile resource platform that will carry technical
assistance and educational materials to local governments, classrooms, public festivals, and other
events throughout the State. This project will require a cooperative effort between federal
agencies (e.g., the National Oceanic and Atmospheric Administration and the U.S.
Environmental Protection Agency), State agencies (e.g., the Coastal Resources Division, the
Historic Preservation Division, and the University of Georgia), and local agencies. Corporate
and non-profit sponsorship will also be needed. Staff will operate the mobile classroom, provide
technical and logistical support, develop educational materials, collect and maintain specimens,
schedule events, and coordinate with other educational entities. The Coastal Ark is envisioned to
be the focal point of a coastal technical assistance initiative and environmental education
curriculum.

In addition to outreach and education activities, the public is directly involved in policy-
making through the public hearing process required by State law. Under the Georgia
Administrative Procedures Act, agencies must provide methods whereby the public may obtain
information or make submissions or requests. Agencies must adopt rules of practice setting forth

< Part 11 -70 >

BOUNDARY AND ORGANIZATION

the nature and requirements of all formal and informal procedures available, including a
description of all forms and instructions. Agencies must make available for public inspection all
rules and other written statements of policy or interpretations formulated, adopted, or used in the
discharge of agency functions. Also, agencies must make available for public inspection all final
orders, decisions, and opinions except those expressly made confidential or privileged by statute
(O.C.G.A. 50-13-3). Through the Georgia Coastal Management Program, the Coastal Resources
Division will facilitate public involvement by hosting interagency meetings and working to
coordinate State agencies.

This commitment of personnel, along with a long term outreach and technical assistance
strategy, reflects the Coastal Resources Division's commitment to keeping the public informed
and involved in the development and implementation of the Georgia Coastal Management
Program.

< Part 11 -71 >

CHAPTER FOUR

SECTION V:
FEDERAL COORDINATION

Every effort has been made to involve federal agencies in the Program and to ensure a
thorough understanding of the policies and procedures of the Program. Federal agency
participation ensures their active role in program development. Active federal agency
participation during program development and implementation is necessary to establish the level
of coordination required for a successful management program. Through the Georgia Coastal
Management Program, the Coastal Resources Division has endeavored to establish close ties
with relevant federal agencies in order to facilitate a mutual understanding of each other's
programs, goals, and procedures, and to develop workable arrangements that will accommodate
the needs of all concerned.

Those federal agencies that are affected by, or have an influence on, coastal management
in Georgia were identified early in the program development process. The following federal
agencies have been identified as having an interest in Georgia's coastal area.

�Department of Agriculture
--Farm Service Agency
--Rural Economic and Community Development
--Forest Service
--Natural Resource Conservation Service
� Department of Commerce
--National Marine Fisheries Service (NOAA)
--Office of Ocean and Coastal Resource Management (NOAA)
--South Atlantic Fishery Management Council (NOAA)
� Department of Defense
--Department of the Army
--Department of the Army, Corps of Engineers, Savannah District
--Department of the Navy
* Department of Energy
� Department of Health and Human Services
� Department of Housing and Urban Development
� Department of the Interior
--Bureau of Land Management
-Fish ad Wildlife Service
--Geological Survey
--National Park Service
--Minerals Management Service
--Office of Surface Mining
*Department of Justice

< Part II1-72 >

BOUNDARY AND ORGANVIZATION

*Department of Transportation
--Federal Highway Administration
--Federal Railroad Administration
--Maritime Administration
--United States Coast Guard
- Department of Treasury
--Federal Law Enforcement Training Center
- Environmental Protection Agency
- Federal Aviation Administration
- Federal Emergency Management Agency
- Federal Energy Regulatory Commission
- Federal Maritime Commission
- General Services Administration
* Interstate Commerce Commission
* National Aeronautics and Space Administration
* Nuclear Regulatory Commnission

To ensure that federal agencies with an interest in Georgia's coastal area were kept
informed during program development, a contact person was designated within each agency.
The federal agency contacts are included on the Coastal Management Program's mailing list and
have thus received notification of all Coastal Advisory Committee meetings, public meetings,
and public hearings. They have also received copies of the Coastal Management Program
Document, penrmitting rules and regulations, and other pertinent data relevant to the Program as
they developed.

A consultation meeting between relevant federal agency representatives, Coastal
Resources Division staff, and Office of Ocean and Coastal Resource Management officials was
held in Atlanta, Georgia in July 1993. The primary purpose of this meeting was to develop
mutual arrangements and understandings regarding each federal agency's participation and input
during program development. in an attempt to ascertain what federal agencies perceive to be
their own, as well as the national interest in the coastal area, the Coastal Resources Division sent
federal agency contacts an information-gathering questionnaire early in the program development
process. Federal agency contacts were asked to list activities and projects as well as their
primary functions and responsibilities in the coastal area. Responses were used to further the
staff s understanding of national interest considerations and coordination needs.

Throughout the development of the Georgia Coastal Management Program input was
sought from affected federal agencies. Coordination with federal agencies is critical to the
success of a federally-approved program. Meetings and communication with affected federal
agencies will continue throughout the implementation of the Coastal Management Program.

CHAPTER FOUR

< Part 11- 74 >

CHAPTER FIVE:

POLICIES AND

4.. MANAGEMENT AUTHORITY

The ultimate challenge of the exploited ocean is clear. It is political. What is
"conquered" by technology must be governed, and in this respect an ocean subjected is
no different from a nation subdued. This will be true of the coastal ocean and the high
seas.
Wesley Marx
The Frail Ocean

POLICIES AND MANAGEMENT AUTHORITIES

Section I of this chapter describes the policies of the Georgia Coastal Management
Program and the underlying statutes that provide their enforceability. Section II of this chapter
describes other enforceable authorities by which the Georgia Coastal Management Program can
implement its responsibilities to provide resource protection while nurturing sustainable
development. These other authorities are not necessarily policies of the Program; rather they are
procedural mechanisms by which the Program can fulfill its responsibilities. Section III
provides a table for quick reference to all management authorities cited in the previous two
Sections. Section IV provides a quick description of various State Programs that are used in the
coastal area. Section V provides a thumbnail sketch of various State Agencies and
Commissions. Section VI describes some of the federal authorities by which coastal resources
are managed. Section VII provides a short list of federal programs that influence coastal
resources.

SECTION I:
GEORGIA COASTAL MANAGEMENT PROGRAM POLICIES

A. Introduction

The goals of the Georgia Coastal Management Program are attained by enforcement of
the policies of the State as codified within the Official Code of Georgia Annotated. "Policy" or
"policies" of the Georgia Coastal Management Program means the enforceable provisions of
present or future applicable statutes of the State of Georgia or regulations promulgated duly
thereunder (O.C.G.A. 12-5-322). The statutes cited as policies of the Program were selected
because they reflect the overall Program goals of developing and implementing a balanced
program for the protection of the natural resources, as well as promoting sustainable economic
development of the coastal area. The inclusion of these authorities is also based on the
recommendations provided by citizens from the coastal area who served as members of the
Coastal Zone Advisory Comm-ittee and associated Task Forces. Each recommendation of the
Coastal Zone Advisory Committee was considered during the development of this document, and
the corresponding authorities that most closely relate to the Committee's recommendations are
cited here as policies of the Georgia Coastal Management Program.

For each of the coastal resource and use areas of concern listed below, a policy statement
is provided with a direct citation to Georgia law. The laws are not cited in their entirety; rather,
the purpose of the statute, or a pertinent section of the statute, is cited. The Program policies are
the enforceable provisions of the laws cited. A policy statement for each law describes the spirit
of the law, directly cited from statements set out in the particular law. In each case, the citation

< Part 11 -77 >

CHAPTER FIVE

for the statement is provided. The particular statements may or may not be enforceable as
written, but the laws to which they relate contain enforceable provisions that have been enacted
by the Georgia General Assembly to implement the policies as stated. The policies cited here
are, therefore, supported by legally binding laws of the State of Georgia, through which Georgia
is able to exert control over impacts to the land and water uses and natural resources in the
coastal area. The statutes referenced herein can be found in the Official Code of Georgia
Annotated (O.C.G.A.), copies of which are located in headquarters offices of State and local
agencies, most public libraries, local courthouses, and numerous other public offices.

A General Description is set out after each cited policy and is provided for the reader to
use as a quick reference to the relevant provisions of the law. The General Description is not
intended to be, nor should it be interpreted as, law, policy, or restatement of the law. It is merely
provided for the convenience of the reader to gain an initial concept as to the content of the
related law. The reader is advised to refer to the actual law cited, and not to rely on the General
Description as a basis for a legal interpretation of the law on any particular issue.

B. Policy Statements and General Description

-- Anuaculture --

Policy Statement
Georgia Aauaculture Development Act (O.C.G.A. 27-4-251, et sea.)
27-4--254. Duty of commission to develop aquaculture development plan; contents
of plan; meetings of commission; staff support.
(a) The commission shall make a thorough study of aquaculture and the potential for
development and enhancement of aquaculture in the state. It shall be the duty of the
commission to develop, distribute, and, from time to time, amend an aquaculture
development plan for the State of Georgia for the purpose of facilitating the establishment
and growth of economically viable aquaculture enterprises in Georgia. (Code 1981. � 27-4-254,
enacted by Ga. L. 1992, p. 1507, � 8.)

General Description
The Georgia Aquaculture Development Act was enacted in 1992 to study
aquaculture development in Georgia. A 14-member Aquaculture Development
Commission composed of industry representatives, scientists, agency representatives, and
others is created. The Department of Natural Resources, with assistance from the
Department of Agriculture and the Department of Industry, Trade, and Tourism provides
staff support for the Commission.

< Part II - 78 >

POLICIES AND MANAGEMENT AUTHORITIES

-- Air Oualitv --

Policy Statement
Georeia Air Oualitv Act (O.C.G.A. 12-9-1. et sea.)
12-9-2. Declaration of public policy.
It is declared to be the public policy of the State of Georgia to preserve, protect, and improve
air quality and to control emissions to prevent the significant deterioration of air quality and
to attain and maintain ambient air quality standards so as to safeguard the public health,
safety, and welfare consistent with providing for maximum employment and full industrial
development of the state. (Code 1933, 88-901, enacted by Ga. L. 1967, p. 581, � 1; Ga. L. 1978, p.
275, � 1; Ga. L. 1992, p. 918, � 2; Ga. L. 1992, p. 2886, � 1.)

General Description
The Georgia Air Quality Act provides authority to the Environmental Protection
Division to promulgate rules and regulations necessary to abate or to control air pollution
for the State as a whole or from area to area, as may be appropriate. Establishment of
ambient air quality standards, emission limitations, emission control standards, and other
measures are necessary to provide standards that are no less stringent than the federal
Clean Air Act are mandated. The Act also requires establishment of a program for
prevention and mitigation of accidental releases of hazardous air contaminants or air
pollutants, training and educational programs to ensure proper operation of emission
control equipment, and standards of construction no less stringent than the federal Act.
The Environmental Protection Division administers the Georgia Air Quality Act
throughout the State. The Memorandum of Agreement between the Georgia Coastal
Resources Division and the Environmental Protection Division ensures cooperation and
coordination in the achievement of the policies of the Program.

-- Boating, Safety --

Policy Statement
Georeia Boat Safety Act (O.C.G.A. 52-7-1. et sea.)
52-7-2. Declaration of policy.
It is the policy of this state to promote safety for persons and property in and connected
with the use, operation, and equipment of vessels and to promote the uniformity of laws
relating thereto. (Ga. L. 1973, p. 1427, � 2)

General Description
The Georgia Boat Safety Act provides enforceable rules and regulations for safe
boating practices on Georgia's lakes, rivers, and coastal waters. This Act establishes
boating safety zones for a distance of 1,000 feet from the high-water mark on Jekyll
Island, Tybee Island, St. Simons Island, and Sea Island. All motorized craft, including

< Part 11- 79 >

CHAPTER FIVE

commercial fishing vessels, jet skis, and power boats, are prohibited from these waters,
except at certain pier and marina access points. This Act defines "abandoned vessels" as
any left unattended for five days and provides for their removal. The Law Enforcement
Section of the Georgia Department of Natural Resources, Wildlife Resources Division
and the Georgia Bureau of Investigation enforces these regulations.

--Coastal Mana2ement -

Policy Statement
Geore~ia Coastal ManaL'ement Act (O. C. G.A. 12-5-320. et sea.)
12-5-32-1. Legislative purpose.
The General Assembly finds and declares that the coastal area of Georgia comprises a vital
natural resource system. The General Assembly recognizes that the coastal area of Georgia
is the habitat of many species of marine life and wildlife which must have clean waters and
suitable habitat to survive. The General Assembly further finds that intensive research has
revealed that activities affecting the coastal area may degrade water quality or damage
coastal resources if not properly planned and managed. The General Assembly finds that the
coastal area provides a natural recreation resource which has become vitally linked to the
economy of Georgia's coast and to that of the entire state. The General Assembly further
finds that resources within this coastal area are costly, if not impossible, to reconstruct or
rehabilitate once adversely affected by human-related activities and it is important to
conserve these resources for the present and future use and enjoyment of all citizens and
visitors to this state. The General Assembly further finds that the coastal area is a vital area
of the state and that it is essential to maintain the health, safety, and welfare of all the
citizens of the state. Therefore, the General Assembly declares that the management of the
coastal area has more than local significance, is of equal importance of all citizens of the
state, is of state-wide concern, and consequently is properly a matter for coordinated
regulation under the police power of the state. The General Assembly further finds and
declares that activities and structures in the coastal area must be regulated to ensure that
the values and functions of coastal waters and natural habitats are not impaired and to fulfill
the responsibilities of each generation as public trustees of the coastal waters and habitats
for succeeding generations.

General Description
The Coastal Management Act provides enabling authority for the State to prepare
and administer a coastal management program. The Act does not establish new
regulations or laws; it is designed to establish procedural requirements for the Department
of Natural Resources to develop and implement a program for the sustainable
development and protection of coastal resources. It establishes the Department of Natural
Resources as the State agency to receive and disburse federal grant monies. It establishes
the Governor as the approving authority of the program and as the person that must
submit the program to the federal government for approval under the federal Coastal

< Part 11 -80 >

POLICIES AND MANAGEMENT AUTHORITIES

Zone Management Act. It requires other State agencies to cooperate with the Coastal
Resources Division when exercising their activities within the coastal area.

-- Coastal Marshlands --

Policy Statement
Coastal Marshlands Protection Act (O.C.G.A. 12-5-280, et sea.)
12-5-281. Legislative findings and declarations.
The General Assembly finds and declares that the coastal marshlands of Georgia comprise a
vital natural resource system. It is recognized that the estuarine area of Georgia is the
habitat of many species of marine life and wildlife and, without the food supplied by the
marshlands, such marine life and wildlife cannot survive. The General Assembly further finds
that intensive marine research has revealed that the estuarine marshlands of coastal Georgia
are among the richest providers of nutrients in the world. Such marshlands provide a nursery
for commercially and recreationally important species of shellfish and other wildlife, provide a
great buffer against flooding and erosion, and help control and disseminate pollutants. Also,
it is found that the coastal marshlands provide a natural recreation resource which has
become vitally linked to the economy of Georgia's coastal zone and to that of the entire
state. The General Assembly further finds that this coastal marshlands resource system is
costly, if not impossible, to reconstruct or rehabilitate once adversely affected by man
related activities and is important to conserve for the present and future use and enjoyment
of all citizens and visitors to this state. The General Assembly further finds that the coastal
marshlands are a vital area of the state and are essential to maintain the health, safety, and
welfare of all the citizens of the state. Therefore, the General Assembly declares that the
management of the coastal marshlands has more than local significance, is of equal
importance to all citizens of the state, is of state-wide concern, and consequently is properly
a matter for regulation under the police power of the state. The General Assembly further
finds and declares that activities and structures in the coastal marshlands must be regulated
to ensure that the values and functions of the coastal marshlands are not impaired and to
fulfill the responsibilities of each generation as public trustees of the coastal marshlands for
succeeding generations. (Code 1981, � 12-5-281, enacted by Ga. L. 1992, p. 2294, � 1.)

General Description
The Coastal Marshlands Protection Act provides the Coastal Resources Division
with the authority to protect tidal wetlands. The Coastal Marshlands Protection Act
limits certain activities and structures in marsh areas and requires permits for other
activities and structures. Erecting structures, dredging, or filling marsh areas requires a
Marsh Permit administered through the Coastal Management Program. In cases where
the proposed activity involves construction on State-owned tidal water bottoms, a
Revocable License issued by the Coastal Resources Division may also be required.
Marsh Permits and Revocable Licenses are not issued for activities that are inconsistent
with the Georgia Coastal Management Program.

< Part II- 81 >

CHAPTER FIVE

The jurisdiction of the Coastal Marshlands Protection Act extends to "coastal
marshlands" or "marshlands", which includes marshland, intertidal area, mudflats, tidal
water bottoms, and salt marsh area within estuarine area of the state, whether or not the
tidewaters reach the littoral areas through natural or artificial watercourses. The estuarine
area is defined as all tidally influenced waters, marshes, and marshlands lying within a
tide-elevation range from 5.6 feet above mean high-tide level and below. Exemptions
from the jurisdiction of the Act include: Georgia Department of Transportation activities,
generally; agencies of the United States charged with maintaining navigation of rivers and
harbors (See Chapter Eight, "Federal Consistency"); railroad activities of public utilities
companies; activities of companies regulated by the Public Service Commission;
activities incident to water and sewer pipelines; and, construction of private docks that
don't obstruct tidal flow.

Any agricultural or silvicultural activity that directly alters lands within the
jurisdictional areas of the Coastal Marshlands Protection Act must meet the permit
requirements of the Act and must obtain a permit issued by the Coastal Resources
Division on behalf of the Coastal Marshlands Protection Committee. Permits for
marinas, community docks, boat ramps, recreational docks, and piers within the
jurisdiction of the Coastal Marshlands Protection Act are administered by the Coastal
Resources Division. To construct a marina, a marina lease is required. Private-use
recreational docks are exempt from the Coastal Marshlands Protection Act but must
obtain a Revocable License and a State Programmatic General Permit.

-- Dams --

Policy Statement
Georeia Safe Dams Act (O.C.G.A. 12-5-370, et sea.)
12-5-371. Declaration of purpose.
It is the purpose of this part to provide for the inspection and permitting of certain dams in
order to protect the health, safety, and welfare of all the citizens of the state by reducing the
risk of failure of such dams. The General Assembly finds and declares that the inspection
and permitting of certain dams is properly a matter for regulation under the police powers of
the state. (Ga. L. 1978, p. 795, � 2)

General Description
The Georgia Safe Dams Act provides for the inspection and permitting of certain
dams to protect the health, safety, and welfare of Georgia residents. The Environmental
Protection Division of the Georgia Department of Natural Resources is responsible for
inspecting and certifying dams.

< Part 11 - 82 >

POLICIES AND MANA GEMENT AUTHORITIES

-- Department of Natural Resources --

Policy Statement
12-2-3. Departmentalpurposes.
It shall be the objectives of the department:
(1) To have the powers, duties, and authority formerly vested in the Division of
Conservation and the commissioner of conservation;
(2) By means of investigation, recommendation, and publication, to aid:
(A) In the promotion of the conservation and development of the natural resources of the
state;
(B) In promoting a more profitable use of lands and waters;
(C) In promoting the development of commerce and industry; and
(D) In coordinating existing scientific investigations with any related work of other agencies
for the purpose of formulating and promoting sound policies of conservation and
development;
(3) To collect and classify the facts derived from such investigations and from the work of
other agencies of the state as a source of information accessible to the citizens of the state
and to the public generally, which facts set forth the natural, economic, industrial, and
commercial advantages of the state; and
(4) To establish and maintain perfect cooperation with any and every agency of the federal
government interested in or dealing with the subject matter of the department. (Ga. L. 1937,
p. 264, � 4; Ga. L. 1949, p. 1079, � 1; Ga. L. 1992, p. 6, � 12.)

General Description
The authority for the Department of Natural Resources is found at O.C.G.A. 12-2-
1, et seq. The objectives for the Department are described, including to aid: in
promoting the conservation and development of the State's natural resources; in
promoting a more profitable use of lands and waters; in promoting the development of
commerce and industry; and in coordinating existing scientific investigations with related
work of other agencies for the purpose of formulating and promoting sound policies of
conservation and development. The Act also requires the Department to "establish and
maintain perfect cooperation with any and every agency of the federal government
interested in or dealing with the subject matter of the department."

The powers of the Department are established, including: investigations of the
natural mining industry and commercial resources of the State and promotion of the
conservation and development of such resources; the care of State parks and other
recreational areas now owned or to be acquired by the State; examination, survey, and
mapping of the geology, mineralogy, and topography of the State, including their
industrial and economic utilization; investigation of the water supply and water power of
the State with recommendations and plans for promoting their more profitable use and
promotion of their development; investigations of existing conditions of trade, commerce,
and industry in the State, with particular attention to the causes that may hinder or

CHAPTER FIVE

encourage their growth, and recommendations of plans that promote the development of
their interests.

The Department is set up in several Divisions. The Wildlife Resources Division
is empowered to acquire land areas and to enter into agreements with landowners and the
federal government for purposes of managing wildlife species and establishing specific
sanctuaries, wildlife management areas, and public fishing areas. The Wildlife Resources
Division administers a management plan for each area which establishes short- and long-
term uses and guidelines for protection and use of each specific area. These areas owned
and/or managed by the Wildlife Resources Division are important resources of the coastal
area for conservation of wildlife and also for recreational hunting and fishing
opportunities. Wildlife management areas within the jurisdiction of the Coastal
Marshlands Protection Act and/or Shore Protection Act receive the additional protection
provided by said legislation. The Environmental Protection Division is empowered to
manage the State's air and water resources. The Coastal Resources Division is charged
with management of coastal resources, which includes implementation of the Coastal
Marshlands Protection Act and the Shore Protection Act. The Coastal Resources
Division responsibilities also include management of marine fisheries resources. The
Pollution Prevention Assistance Division provides technical assistance and education
for reducing pollution throughout Georgia, including development of Best Management
Practices for various industries. The Historic Preservation Division is charged with
cataloging, protecting, and preserving the State's historic sites and areas. The Parks,
Recreation, and Historic Sites Division has primary responsibility for development and
maintenance of the State's parks and historic sites. The Program Support Division
provides administrative support for the Department.
-- Endan~ered Wildlife -

Policy Statement
Endanzered Wildlife Act (O. C.G.A. 2 7-3-130. et sea.)
2 7-3-132. Powers and duties of department and board.
(a) The department shall identify and inventory any species of animal life within this state
which it determines from time to time to be rare, unusual, or in danger of extinction; and,
upon such determination, such species shall be designated protected species and shall
become subject to the protection of this article.
(b) The board shall issue such rules and regulations as it may deem necessary for the
protection of protected species and for the enforcement of this article, Such rules andI
regulations shall not affect rights in private property or in public or private streams, nor shall
such rules and regulations impede construction of any nature. Such rules and regulations
shall be limited to the regulation of the capture, killing, or selling of protected species and the
protection of the habitat of the species on public lands.

< Part 11- 84 >

POLICIES AND MANAGEMENT AUTHORITIES

General Description
The Endangered Wildlife Act provides for identification, inventory, and
protection of animal species that are rare, unusual, or in danger of extinction. Additional
species may be added by the Board of Natural Resources at any time. The protection
offered to these species is limited to those that are found on public lands of the State. It is
a misdemeanor to violate the rules prohibiting capture, killing, or selling of protected
species, and protection of protected species habitat on public lands. The rules and
regulations are established and administered by the Department of Natural Resources for
implementation of this Act.

Projects permitted under the authority of the Coastal Marshlands Protection Act,
the Shore Protection Act, and the Revocable License require full compliance with the
protection of endangered and protected species. Outside the jurisdiction of these laws,
for those areas that are not public lands of Georgia, protection of endangered species is
provided by the federal Endangered Species Act, which has jurisdiction over both private
and public lands.

-- Environmental Policy --

Policy Statement
Georgia Environmental Policv Act (O.C. G.A. 12-16-1, et sea.)
12-16-2. Legislative findings.
The General Assembly finds that:
(1) The protection and preservation of Georgia's diverse environment is necessary for the
maintenance of the public health and welfare and the continued viability of the economy of
the state and is a matter of the highest public priority;
(2) State agencies should conduct their affairs with an awareness that they are stewards of
the air, land, water, plants, animals, and environmental, historical, and cultural resources;
(3) Environmental evaluations should be a part of the decision-making processes of the
state; and
(4) Environmental effects reports can facilitate the fullest practicable provision of timely
public information, understanding, and participation in the decision-making processes of the
state. (Code 1981, � 12-16-2, enacted by Ga. L. 1991, p. 1728, � 1.)

General Description
The Georgia Environmental Policy Act (GEPA) requires that all State agencies
and activities prepare an Environmental Impact Report as part of the decision-making
process. This is required for all activities that may have an impact on the environment.
Alternatives to the proposed project or activity must be considered as part of the report.

< Part II - 85 >

CHAPTER FIVE

-- Erosion and Sedimentation --

Policy Statement
Georgia Erosion and Sedimentation Act (O.C.G.A. 12-7-1, et sea.)
12-7-2. Legislative findings; policy of state and intent of chapter.
It is found that soil erosion and sediment deposition onto lands and into waters within the
watersheds of this state are occurring as a result of widespread failure to apply proper soil
erosion and sedimentation control practices in land clearing, soil movement, and construction
activities and that such erosion and sediment deposition result in pollution of state waters
and damage to domestic, agricultural, recreational, fish and wildlife, and other resource uses.
It is therefore declared to be the policy of this state and the intent of this chapter to
strengthen and extend the present erosion and sediment control activities and programs of
this state and to provide for the establishment and implementation of a state-wide
comprehensive soil erosion and sediment control program to conserve and protect the land,
water, air, and other resources of this state. (Ga. L. 1975, p. 994, � 2.)

General Description
The Georgia Erosion and Sedimentation Act requires that each county or
municipality adopt a comprehensive ordinance establishing procedures governing land-
disturbing activities based on the minimum requirements established by the Act. The
Erosion and Sedimentation Act is administered by the Environmental Protection Division
of the Georgia Department of Natural Resources, and by local governments. Permits are
required for specified "land-disturbing activities," including the construction or
modification of manufacturing facilities, construction activities, certain activities
associated with transportation facilities, activities on marsh hammocks, etc. With certain
constraints, permitting authority can be delegated to local governments.

One provision of the Erosion and Sedimentation Act requires that land-disturbing
activities shall not be conducted within 25 feet of the banks of any State waters unless a
variance is granted (O.C.G.A. 12-7-6-(15)). Construction of single family residences
under contract with the owner are exempt from the permit requirement but are still
required to meet the standards of the Act (O.C.G.A. 12-7-17-(4)). Large development
projects, both residential and commercial, must obtain a permit and meet the
requirements of the Act. According to the Georgia Coastal Management Act, any permits
or variances issued under the Erosion and Sedimentation Act must be consistent with the
Georgia Coastal Management Program. Permits within the jurisdiction of the Coastal
Marshlands Protection Act and the Shore Protection Act can include requirements that
certain minimum water quality standards be met as a condition of the permit.

There are specific exemptions to the requirements of the Erosion and
Sedimentation Act (O.C.G.A. 12-7-17 - Exemptions). The exemptions include: surface
mining, granite quarrying, minor land-disturbing activities such as home gardening,

< Part II - 86 >

POLICIES AND MANA GEMENT AUTHORITIES

construction of single-family homes built or contracted by the homeowner for his own
occupancy, agricultural practices, forestry land management practices, dairy operations,
livestock and poultry management practices, construction of farm buildings, and any
projects carried out under the supervision of the Natural Resource Conservation Service
of the U.S. Department of Agriculture' Exemptions from the requirements of the Act also
apply to any project involving 1.1I acres or less, provided that the exemption does not
apply to any land-disturbing activities within 200 feet of the bank of any State waters.
Construction or maintenance projects undertaken or financed by the Georgia Department
of Transportation, the Georgia Highway Authority, or the Georgia Tollway Authority, or
any road or maintenance project undertaken by any county or municipality, are also
exempt from the pen-nit requirements of the Act, provided that such projects conform to
the specifications used by the Georgia Department of Transportation for control of soil
erosion. Exemptions are also provided to land-disturbing activities by any airport
authority, and by any electric membership corporation or municipal electrical system,
provided that such activities conform as far as practicable with the minimum standards
set forth at Code Section 12-7-6 of the Erosion and Sedimentation Act. The Georgia
Department of Transportation has developed a "Standard Specifications -- Construction
of Roads and Bridges," which describes contractor requirements, including controls for
sedimentation and erosion. The specifications describe the requirements for both
temporary control measures for use during the construction phase, and permanent erosion
and sedimentation control measures that need to be incorporated into the design of the
project. Failure to comply with the provisions of the specification will result in cessation
of all construction activities by the contractor, and may result in the withholding of
monies due to the contractor according to a schedule of non-performance of erosion
control, enforced by the Georgia Department of Transportation. Forestry and agricultural
land-disturbing activities are subject to the Best Management Practices of the Georgia
Forest Commission and the Georgia Soil and Water Conservation Commission,
respectively.

-Game and Fish --

Policy Statement
2 7-1-3. Ownership and custody of wildlife, privilege to hunt, trp, or fish; general
offenses. (Game and Fish Code)
(a) The ownership of, jurisdiction over, and control of all wildlife, as defined in this title, are
declared to be in the State of Georgia, in its sovereign capacity, to be controlled, regulated,
and disposed of in accordance with this title. All wildlife of the State of Georgia are declared
to be within the custody of the department for purposes of management and regulation in
accordance with this title. However, the State of Georgia, the department, and the board
shall be immune from suit and shall not be liable for any damage to life, person, or property
caused directly or indirectly by any wildlife,

< Part 1 - 87 >

CHAPTER FIVE

(b) To hunt, trap, or fish, as defined in this title, or to possess or transport wildlife is
declared to be a privilege to be exercised only in accordance with the laws granting such
privilege. Every person exercising this privilege does so subject to the right of the state to
regulate hunting, trapping, and fishing; and it shall be unlawful for any person participating in
the privileges of hunting, trapping, fishing, possessing, or transporting wildlife to refuse to
permit authorized employees of the department to inspect and count such wildlife to
ascertain whether the requirements of the wildlife laws and regulations are being faithfully
complied with. Any person who hunts, traps, fishes, possesses, or transports wildlife in
violation of the wildlife laws and regulations violates the conditions under which this privilege
is extended; and any wildlife then on his person or within his immediate possession are
deemed to be wildlife possessed in violation of the law and are subject to seizure by the
department pursuant to Code Section 27-1-21.
(c) It shall be unlawful to hunt, trap, or fish except during an open season for the taking of
wildlife, as such open seasons may be established by law or by rules and regulations
promulgated by the board or as otherwise provided by law.
(d) It shall be unlawful to hunt, trap, or fish except in compliance with the bag, creel, size,
and possession limits and except in accordance with such legal methods and weapons and
except at such times and places as may be established by law or by rules and regulations
promulgated by the board.
Ce) It shall be unlawful to hunt, trap, or fish for any game species after having obtained the
daily or season bag or creel limit for that species.
(f) A person who takes any wildlife in violation of this title commits the offense of theft by
taking. A person who hunts, traps, or fishes in violation of this title commits the offense of
criminal attempt. Any person who violates any provision of this Code section shall be guilty
of a misdemeanor.
(g) If any court finds that any criminal violation of the provisions of this title is so egregious
as to display a willful and reckless disregard for the wildlife of this state, the court may, in
its discretion, suspend the violator's privilege to hunt, fish, trap, possess, or transport
wildlife in this state for a period not to exceed five years. Any person who hunts, fishes,
traps, possesses, or transports wildlife in this state in violation of such suspension of
privileges shall be guilty of a misdemeanor of a high and aggravated nature and upon
conviction thereof shall be punished by a fine of not less than $1,500.00 nor more than
$5,000.00 or imprisonment for a period not exceeding 1 2 months or both. (Ga. L. 1968, p.
497, � 1; Code 1933, � 45-201, enacted by Ga. L. 1977, p. 396, � 1; Ga. L. 1978, p. 816, �� 13, 14; Ga. L.
1992, p. 2391, � 1.)
27-1-4. Powers and duties of board generally.
The board shall have the following powers and duties relative to this title:
(1) Establishment of the general policies to be followed by the department under this title;
(2) Promulgation of all rules and regulations necessary for the administration of this title
including, but not limited to, rules and regulations to regulate the times, places, numbers,
species, sizes, manner, methods, ways, means, and devices of killing, taking, capturing,
transporting, storing, selling, using, and consuming wildlife and to carry out this title, and
rules and regulations requiring daily, season, or annual use permits for the privilege of
hunting and fishing in designated streams, lakes, or game management areas; and
(3) Promulgation of rules and regulations to protect wildlife, the public, and the natural
resources of this state in the event of fire, flood, disease, pollution, or other emergency
situation without complying with Chapter 13 of Title 50, the "Georgia Administrative

< Parti1[- 88 >

POLICIES AND MANAGEMENT AUTHORITIES

Procedure Act." Such rules and regulations shall have the force and effect of law upon
promulgation by the board. (Ga. L. 1911, p. 137, � 1; Ga. L. 1924, p. 101, �� 1, 3, 4; Ga. L. 1931, p. 7,
� 25; Ga. L. 1937, p. 264, �� 1, 4, 9; Ga. L. 1943, p. 128, �� 1, 2, 14; Ga. L. 1955, p. 483, � 3; Ga. L.
1972, p. 1015, � 1527; Ga. L. 1973, p. 344, � 1; Code 1933, � 45-103, enacted by Ga. L. 1977, p. 396, � 1;
Ga. L. 1978, p. 816, � 7; Ga. L. 1979, p. 420, � 3; Ga. L. 1987, p. 179, � 1.)

General Description
The Official Code of Georgia Annotated, Title 27, Chapter 1 (known as the Game
and Fish Code) provides the ownership of, jurisdiction over, and control of all wildlife to
be vested in the State of Georgia. The section declares that custody of all wildlife in the
State is vested with the Georgia Department of Natural Resources for management and
regulation. The Wildlife Resources Division is the principal State agency vested with
statutory authority for the protection, management and conservation of terrestrial wildlife
and fresh water wildlife resources, including fish, game, non-game, and endangered
species. All licensing of recreational and commercial fish and wildlife activities,
excluding shellfish, is performed by the Wildlife Resources Division. The Coastal
Resources Division issues shellfish permits, regulates marine fisheries activities including
the opening and closing of the commercial shrimp harvesting season, areas of shrimp
harvest, regulates marine species size and creel limits, and enforces the National Shellfish
Sanitation Program. The Commissioner of the Department of Natural Resources has
directed that there will be cooperation and coordination between the Divisions of the
Department in the administration of their respective responsibilities.

-- Georgia Heritage --

Policy Statement
Georvia Heritage Trust Act (O.C. G.A. 12-3-70. et sea.)
12-3-71. Legislative purpose.
The General Assembly finds that certain real property in Georgia, because it exhibits unique
natural characteristics, special historical significance, or particular recreational value,
constitutes a valuable heritage which should be available to all Georgians, now and in the
future. The General Assembly further finds that much of this real property, because of
Georgia's rapid progress over the past decade, has been altered, that its value as part of our
heritage has been lost, and that such property which remains is in danger of being irreparably
altered. The General Assembly declares, therefore, that there is an urgent public need to
preserve important and endangered elements of Georgia's heritage, so as to allow present
and future citizens to gain an understanding of their origins in nature and their roots in the
culture of the past and to ensure a future sufficiency of recreational resources. The General
Assembly asserts the public interest in the state's heritage by creating the Heritage Trust
Program which shall be the responsibility of the Governor and the Department of Natural
Resources and which shall seek to protect this heritage through the acquisition of fee simple
title or lesser interests in valuable properties and by utilization of other available methods.
(Ga. L. 1975, p. 962, � 2.)

< Part II - 89 >

CHAPTER FIVE

General Description
Georgia's Heritage Trust Act of 1975 seeks to preserve certain real property in
Georgia that exhibits unique natural characteristics, special historical significance, or
particular recreational value. This Act created the Heritage Trust Commission, composed
of 15 members appointed by the Governor who represent a variety of interests and
expertise. The Commission served as an advisory body to the Governor and to the Board
of the Department of Natural Resources, making recommendations concerning the
identification, designation, and acquisition of heritage areas. Although this Act is still in
Georgia law, the Commission's term expired and the implementation and administration
of many of the goals of the Act has been superseded by the Heritage 2000 Program.

-- Groundwater Use -

Policy Statement
Groundwater Use Act (O. C. G.A. 12-5-90. et sea.)
12-5 -91. Declaration of policy.
The general welfare and public interest require that the water resources of the state be put
to beneficial use to the fullest extent to which they are capable, subject to reasonable
regulation in order to conserve these resources and to provide and maintain conditions which
are conducive to the development and use of water resources. (Ga. L. 1972, p. 976, � 2.)

General Description
The Groundwater Use Act charges the Board of Natural Resources with the
responsibility to adopt rules and regulations relating to the conduct, content, and

submission of water conservation plans, including water conservation practices, waterI
drilling protocols, and specific rules for withdrawal and utilization of groundwater. The
Environmental Protection Division administers these rules and regulations. Groundwater
withdrawals of greater than 100,000 gallons per day require a permit from the
Environmental Protection Division. Permit applications that request an increase in water
usage must also submit a water conservation plan approved by the Director of
Environmental Protection Division (O.C.G.A. 12-5-96). The Environmental Protection
Division has prepared a comprehensive groundwater management plan for coastal
Georgia that addresses water conservation measures, protection from saltwater
encroachment, reasonable uses, preservation for future development and economic
development issues. The Memorandum of Agreement with the Environmental Protection
Division ensures that permits issued under the Groundwater Use Act must be consistent
with the Coastal Management Program.

< Part 11 -90 >

POLICIES AND MANAGEMENT AUTHORITIES

--Hazardous Waste --

Policy Statement
Georeia Hazardous Waste Manazement Act (O. C.G.A. 12-8-60, et sea.)
12-8-61. Legislative policy.
It is declared to be the public policy of the State of Georgia, in furtherance of its
responsibility to protect the public health, safety, and well-being of its citizens and to protect
and enhance the quality of its environment, to institute and maintain a comprehensive
state-wide program for the management of hazardous wastes through the regulation of the
generation, transportation, storage, treatment, and disposal of hazardous wastes. (Ga. L.
1979, p. 1127, � 2; Ga. L. 1992, p. 2234, � 5.)

General Description
The Georgia Hazardous Waste Management Act describes a comprehensive,
State-wide program to manage hazardous wastes through regulating hazardous waste
generation, transportation, storage, treatment, and disposal. Hazardous waste is defined
by the Board of Natural Resources, and it includes any waste that the Board concludes is
capable of posing a substantial present or future hazard to human health or the
environment when improperly treated, transported, stored, disposed, or otherwise
managed, based on regulations promulgated by the U.S. Environmental Protection
Agency. The Hazardous Waste Management Act is administered and implemented by the
Environmental Protection Division.

--Historic Areas --

I ~~Policy Statement
Historic Areas (0. C. G.A. 12-3-50. et sea.)
12-3-50. 1. Grants for the preservation of "historic properties; additional powers and
duties of department.
(a) It is declared to be the public policy of the State of Georgia, in furtherance of its
responsibility to promote and preserve the health, prosperity, and general welfare of the
people, to encourage the preservation of historic properties which have historical, cultural,
and archeological significance to the state . (Code 1981, � 12-3-50.1, enacted by Ga. L. 1986, p. 399,
� 1; Ga. L. 1996, p. 6, � 12.)

General Description
The authority found at O.C.G.A. 12-3-50 provides the Department of Natural
Resources with the powers and duties to "promote and increase knowledge and
understanding of the history of this State from the earliest times to the present, including
the archeological, Indian, Spanish, colonial, and American eras, by adopting and
executing general plans, methods, and policies for permanently preserving and marking
objects, sites, areas, structures, and ruins of historic or legendary significance, such as
trails, post roads, highways, or railroads; inns or taverns; rivers, inlets, millponds,

< Part 11- 91 >

CHAPTER FIVE

bridges, plantations, harbors, or wharves; mountains, valleys, coves, swamps, forests, or
Everglade; churches, missions, campgrounds, and places of worship; schools, colleges,
and universities; courthouses and seats of government; places of treaties, councils,
assemblies, and conventions; factories, foundries, industries, mills, stores, and banks;
cemeteries and burial mounds; and battlefields, fortifications, and arsenals. Such
preservation and marking may include the construction of signs, pointers, markers,
monuments, temples, and museums, which structures may be accompanied by tablets,
inscriptions, pictures, paintings, sculptures, maps, diagrams, leaflets, and publications
explaining the significance of the historic or legendary objects, sites, areas, structures, or
ruins." The Department is also required to "promote and assist in the publicizing of the
historical resources of the State by preparing and furnishing the necessary historical
material to agencies charged with such publicity; to promote and assist in making
accessible and attractive to travelers, visitors, and tourists the historical features of the
State by advising and cooperating with State, federal, and local agencies charged with the
construction of roads, highways, and bridges leading to such historical points." The
Historical Preservation Division is charged with carrying out these duties, and
coordinates its activities in the coastal area with the Coastal Resources Division.

-- Natural Areas -

Policy Statement
Georaia Natural Areas Act (O.C.G.A. 12-3 -90. et sea.)
12-3 -91. Legislative findings and declaration of purpose.
The General Assembly finds that there is an increasing nation-wide concern over the
deterioration of man's natural environment in rural as well as urban areas; that there is a
serious need to study the long-term effects of our civilization on our natural environment;
that while the State of Georgia is still richly endowed with relatively undisturbed natural
areas, these areas are rapidly being drastically modified and even destroyed by human
activities; that it is of the utmost importance to preserve examples of such areas in their
natural state, not only for scientific and educational purposes but for the general well-being
of our society and its people. Therefore, it shall be the purpose and function of the
Department of Natural Resources to:
(1) Identify natural areas in the State of Georgia which are of unusual ecological
significance;
(2) Use its influence and take any steps within its power to secure the preservation of such
areas in an undisturbed natural state in order that such areas may:
(A) Be studied scientifically;
(B) Be used for educational purposes;
0 Serve as examples of nature to the general public; and
(D) Enrich the quality of our environment for present and future generations; and
(3) Recommend areas or parts of areas for recreational use. (Ga. L. 1969, p. 750, � 2; Ga. L.
1972, p. 10 15, � 151 1.)
12-3 -92. "Natural areas " defined.

< Part 11- 92 >

POLICIES AND MANVA GEMENT AUTHORITIES

As used in this article, the term "natural areas" means a tract of land in its natural state
which may be set aside and permanently protected or managed for the purpose of the
preservation of native plant or animal communities, rare or valuable individual members of
such communities, or any other natural features of significant scientific, educational,
geological, ecological, or scenic value. (Ga. L. 1966, p. 330, � 2; Ga. L. 1969, P. 750, � 3.)

General Description
The Georgia Natural Areas Act authorizes the Department of Natural Resources to
identify areas in the State of Georgia which are of unusual ecological significance, and to
secure the preservation of such areas in an undisturbed natural state. The purpose for
such acquisition is to allow scientific study of the property, to educate, to "serve as
examples of nature to the general public," and to "enrich the quality of our environment
for present and future generations." Natural areas, as defined by the Act, are tracts of
land in their natural state that are to be set aside and permanently protected or managed
for the purpose of preserving natural plant or animal communities, rare or valuable
members of such communities, or any other natural features of significant scientific,
educational, geologic, ecological, or scenic value.

--Oil and Gas and Deep Drilling --

Policy Statement
Georizia Oil and Gas and Deep Drillin-c Act (O. C.G.A. 12-4-40. et sea.)
12-4-41. Legislative findings and declaration of policy.
The General Assembly finds and declares that its duty to protect the health, safety, and
welfare of the citizens of this state requires that adequate protection of underground fresh
water supplies be assured in any drilling operation which may penetrate through any stratum
which contains fresh water. This duty further requires that adequate protection be assured
in any drilling or the use of such drilled wells in certain other environmentally sensitive areas
or in other circumstances where the result of such drilling and use may endanger the health,
safety, and welfare of the citizens of this state. It is not the policy of the General Assembly
to regulate the drilling of shallow exploration or engineering holes except in such
environmentally sensitive areas as defined in this part. The General Assembly further finds
and declares that, with the current energy shortage which this state and nation face, it must
encourage oil and gas exploration to identify new sources of energy, but not at the expense
of our important natural resources such as residential, municipal, and industrial supplies of
fresh water. The General Assembly further finds and declares that with an increase in oil
exploration, it must provide assurances to persons engaging in such exploration that
adequate safeguards regarding results of exploration will remain privileged information for a
specified time. The General Assembly further finds and declares that it is in the public
interest to obtain, protect, and disseminate all possible geologic information associated with
drilling operations in order to further the purposes of future energy related research. (Ga. L.
17,p. 966' � 1.)

< Part 11 -93 >

CHAPTER FIVE

General Description
Georgia's Oil and Gas and Deep Drilling Act regulates oil and gas drilling
activities to provide protection of underground freshwater supplies and certain
"lenvironmentally sensitive" areas. The Board of Natural Resources has the authority to
implement this Act. The Act establishes requirements for drilling, casing, and plugging
of wells for oil, gas, or mineral exploration: (1) to alleviate escape of gas or oil from one
stratum to another; (2) to prevent the pollution of freshwater by oil, gas, salt water or
other contaminants; (3) to prevent drowning of any stratum that might reduce the total
ultimate recovery of gas or oil; and, (4) to prevent fires, waste, and spillage of
contaminants such as oil.

-- Phosphate Minim2-

Policy Statement
Licenses to dia,' mine, and remove phosphate deposits: restrictions on license holders.
AO.C. G.A. 12-4-100. et sea.)
12-4-101. Restrictions on license holders.
Whenever any person discovers phosphate rock or phosphatic deposits in the
navigable streams or waters of this state or in any public land on their banks or margins and
files with the Secretary of State notice of such discovery and a description of the location
thereof, he shall be entitled to receive from the Secretary of State a license giving him or his
assigns the exclusive right, for ten years from the date of the license, of digging, mining, and
removing from such location and from an area for a distance of five miles in any or all
directions therefrom the phosphate rock and phosphatic deposits that may be found therein,
provided that persons receiving or holding such licenses shall in no way interfere with the
free navigation of the streams and waters or the private rights of any citizen residing on orI
owning the lands upon the banks of such navigable rivers and waters; provided, further, that
as long as the license remains in effect, no person, natural or artificial, shall have the
privilege of locating a claim within 20 miles of any other claim for which he has received a
license. (Ga. L. 1884-85, p. 125, � 1; Civil Code 1895, � 1726; Civil Code 1910, � 1977; Code 1933, �
43-401.)

General Description
The laws found at O.C.G.A. 12-4-1 00, et seq., describe the State's management of
phosphate deposits. There is great interest in phosphate mining in Georgia. In fact, the
citizens of Georgia developed the Coastal Marshlands Protection Act in an effort to limit
potential adverse environmental impacts from a proposed phosphate mining operation.
The Secretary of State is charged with the administration of this statute, and is networked
with the Georgia Coastal Management Program.

< Part II1-94 >

POLICIES AND MANAGEMENT AUTHORITIES

-- Protection of Tidewaters --

Policy Statement
Protection of Tidewaters Act (O.C.G.A. 52-1-1. et sea.)
52-1-2. Legislative findings and declaration of policy.
The General Assembly finds and declares that the State of Georgia became the owner of the
beds of all tidewaters within the jurisdiction of the State of Georgia as successor to the
Crown of England and by the common law. The State of Georgia continues to hold title to
the beds of all tidewaters within the state, except where title in a private party can be traced
to a valid Crown or state grant which explicitly conveyed the beds of such tidewaters. The
General Assembly further finds that the State of Georgia, as sovereign, is trustee of the
rights of the people of the state to use and enjoy all tidewaters which are capable of use for
fishing, passage, navigation, commerce, and transportation, pursuant to the common law
public trust doctrine. Therefore, the General Assembly declares that the protection of
tidewaters for use by the state and its citizens has more than local significance, is of equal
importance to all citizens of the state, is of state-wide concern, and, consequently, is
properly a matter for regulation under the police powers of the state. The General Assembly
further finds and declares that structures located upon tidewaters which are used as places
of habitation, dwelling, sojournment, or residence interfere with the state's proprietary
interest or the public trust, or both, and must be removed to ensure the rights of the state
and the people of the State of Georgia to the use and enjoyment of such tidewaters. It is
declared to be a policy of this state and the intent of this article to protect the tidewaters of
the state by authorizing the commissioner of natural resources to remove or require removal
of certain structures from such tidewaters in accordance with the procedures and within the
timetable set forth in this article. (Code 1981, � 52-1-2, enacted by Ga. L. 1992, p. 2317, � 1.)

General Description
The Protection of Tidewaters Act establishes the State of Georgia as the owner of
the beds of all tidewaters within the State, except where title by a private party can be
traced to a valid British Crown or State land grant. The Act provides the Department of
Natural Resources the authority to remove those "structures" that are capable of
habitation, or incapable of or not used for transportation. Permits for such structures may
not extend past June 30, 1997. The Act provides procedures for removal, sale, or
disposition of such structures. (This is similar to the Right of Passage Act, except that it
is specific to tidewaters rather than all waters of Georgia.)

-- Recreational Docks --

Policy Statement
50-16-61. General supervision and office assignment. (Under the Administrative
Procedures Act, Revocable License Proeram)
The Governor shall have general supervision over all property of the state with power
to make all necessary regulations for the protection thereof, when not otherwise provided
for.

< Part II - 95 >

CHAPTER FIVE

General Description
O.C.G.A. 50-16-61 describes the general supervision of State properties as the
responsibility of the Governor. Under this authority, the Department of Natural
Resources, Coastal Resources Division issues Revocable Licenses for recreational docks
on State-owned tidal water bottoms. In 1995, the Georgia Supreme Court found that the
State owns fee simple title to the foreshore on navigable tidal waters and, as a result,
owns the river's water bottoms up to the high water mark and may regulate the use of
these tidelands for the public good. (Dorroh v. McCarthy 265 Ga. 750, 462 S.E. 2d 708
(1995)). The opinion of the State Attorney General states: "In managing tidelands, the
Department of Natural Resources acts under the authority of this section and the
Department's employment of the extension of property lines method of allocating use of
State-owned waterbottoms may be generally acceptable, but rigid adherence to such a
policy when it denies deep water access to a riparian or littoral owner, may cause
inequitable results (1993 Op. Att'y Gen. No. 93-25.) As described in the State Properties
Code (O.C.G.A. 50-16-30, et seq.), the term "Revocable License" means "the granting,
subject to certain terms and conditions contained in a written revocable license or
agreement, to a named person or persons (licensee), and to that person or persons only, of
a revocable privilege to use a certain described parcel or tract of the property to be known
as the licensed premises for the named purpose." A Revocable License may be revoked,
canceled, terminated, with or without cause, at any time by the licensor.

-- Right of Passage --

Policy Statement
Right of Passage Act (O.C.G.A. 52-1-30, et sea.)
52-1-31. Legislative findings and declaration of policy.
The General Assembly finds and declares that by the common law the citizens of this state
have an inherent right to use as highways all navigable streams and rivers which are capable
of transporting boats loaded with freight in the regular course of trade either for the whole or
part of the year and that this right of use extends to the entire surface of the stream or river
from bank to bank. The General Assembly further finds that the common law regarding such
right of use has not been modified by statute nor is it incompatible with the federal or state
constitutions. Therefore, the General Assembly declares that ensuring the right of use by all
the citizens of this state of navigable streams and rivers which are capable of transporting
boats loaded with freight in the regular course of trade either for the whole or part of the
year as highways has more than local significance, is of equal importance to all citizens of
the state, is of state-wide concern, and, consequently, is properly a matter for regulation
under the police powers of the state. The General Assembly further finds and declares that
structures located upon navigable streams and rivers which are used as places of habitation,
dwelling, sojournment, or residence interfere with the citizens' right to use the entire surface
of such streams and rivers which are capable of transporting boats loaded with freight in the
regular course of trade either for the whole or part of the year from bank to bank as

< Part II - 96 >

POLICIES AND MANAGEMENT AUTHORITIES

highways and must be removed to ensure the rights of the citizens of this state to such
usage. It is declared to be a policy of this state and the intent of this article to ensure such
rights of the citizens of this state by authorizing the commissioner of natural resources to
remove or require removal of certain structures from such streams and rivers which are
capable of transporting boats loaded with freight in the regular course of trade either for the
whole or part of the year in accordance with the procedures and within the timetable set
forth in this article. (Code 1981, � 52-1-31, enacted by Ga. L. 1992, p. 2317, � 1.)

General Description
The Right of Passage Act declares the right of use of all navigable waterways of
the state by all citizens of Georgia. The Act establishes the mechanism to remove
"structures" that are capable of being used as a place of habitation, are not used as or are
not capable of use as a means of transportation, and do not have a permit under the Act.
Permits shall not be issued for a term ending after June 30, 1997. The Right of Passage
Act is implemented by the Department of Natural Resources Law Enforcement Division.
(This is similar to the Protection of Tidewaters Act, except that it is specific to all
navigable waters rather than tidewaters Georgia.)

-- River Corridors --

Policy Statement
Mountain and River Corridor Protection Act (O.C.G.A. 12-2-1. et sea.)
12-2-8. Promulgation of minimum standards andprocedures for protection of natural
resources, environment, and vital areas of the state.
(a) The local governments of the State of Georgia are of vital importance to the state and its
citizens. The state has an essential public interest in promoting, developing, sustaining, and
assisting local governments. The natural resources, environment, and vital areas of the state
are also of vital importance to the state and its citizens. The state has an essential public
interest in establishing minimum standards for land use in order to protect and preserve its
natural resources, environment, and vital areas. The purpose of this Code section shall be
liberally construed to achieve its purpose. This Code section is enacted pursuant to the
authority granted the General Assembly in the Constitution of the State of Georgia,
including, but not limited to, the authority provided in Article Ill, Section VI, Paragraphs I and
Il(a)(1) and Article IX, Section II, Paragraphs III and IV.
(b) The department is therefore authorized to develop minimum standards and procedures, in
accordance with paragraph (2) of subsection (b) of Code Section 50-8-7.1 and in accordance
with the procedures provided in Code Section 50-8-7.2 for the promulgation of minimum
standards and procedures, for the protection of natural resources, environment, and vital
areas of the state, including, but not limited to, the protection of mountains, the protection
of river corridors, the protection of watersheds of streams and reservoirs which are to be
used for public water supply, for the protection of the purity of ground water, and for the
protection of wetlands, which minimum standards and procedures shall be used by local
governments in developing, preparing, and implementing their comprehensive plans as that
term is defined in paragraph (3) of subsection (a) of Code Section 50-8-2. (Code 1981, � 12-2

< Part I - 97 >

CHAPTER FIVE

8, enacted by Ga, L. 1989, p. 1317, � 5. 1; Ga. L. 199 1, p. 1719, � 1; Ga. L. 1992, p. 6. � 12; Ga L. 1993, p.
91, � 12.)

General Description
The statute that is informally known as the Mountain and River Corridor
Protection Act (O.C.G.A. 12-2-8) authorizes the Department of Natural Resources to
develop minimum standards for the protection of river corridors (and mountains,
watersheds, and wetlands) that can be adopted by local governments. The Act is
administered by the Environmental Protection Division. All rivers in Georgia with an
average annual flow of 400 cubic feet per second are covered by the Act, except those
within the jurisdiction of the Coastal Marshlands Protection Act. Some of the major
provisions of the Act include: requirements for a 100-foot vegetative buffer on both sides
of rivers; consistency with the Georgia Erosion and Sedimentation Act; and local
governments must identify river corridors in land-use plans developed under their
respective comprehensive planning acts.

Regional Development Centers are instrumental in helping local governments
enact the provisions of this Act. The Coastal Georgia Regional Development Center
prepared a Regional River Corridor Protection Plan for counties within their jurisdiction.
The Plan describes the ten local governments and the associated rivers that are affected by
the River Corridor Protection Act, and puts forward a regional plan for the protection of
river corridors. Regional plans are preferable to having local governments prepare
individual plans. The plan provides for construction of road crossings, acceptable uses of
river corridors, maintenance of a vegetative buffer along the river for a minimum of 100
feet from the river's edge (residential structures are allowed within the buffer zone),
timber production standards, wildlife and fisheries management, recreation, and other
uses. The local governments within the Coastal Regional Development Center
jurisdiction affected by the River Corridor Protection Act, and their respective rivers are
listed below. Eight coastal counties and two coastal cities (Richmond Hill and
Woodbine) are affected.

Adoption of language addressing the River Corridor Protection Act is required in
local comprehensive plans. The following counties and cities have adopted a Regional
River Corridor Protection Plan.

< Part 11- 98 >

POLICIES AND MANAGEMENT AUTHORITIES

Bryan County ..................... Canoochee River
Ogeechee River
City of Richmond Hill ....... Ogeechee River
Camden County .................. Satilla River
St. Mary's River
City of Woodbine ............... Satilla River
Chatham County ................. Savannah River
Effingham County .............. Ogeechee River
Savannah River
Glynn County ..................... Altamaha River
Liberty County ................... Canoochee River
Long County ...................... Altamaha River
McIntosh County ............... Altamaha River

The following coastal counties have not yet adopted a River Corridor Protection
Plan (as of August 1997).

Charlton County ................ St. Mary's River
Brantley County ................. Satilla River
Wayne County' .................. Altamaha River

Jurisdiction of the River Corridor Protection Act extends along the above named
rivers from the limit of Coastal Marshlands Protection Act jurisdiction upstream through
the coastal counties.

-- Safe Drinking Water --

Policy Statement
Georgia Safe Drinkine Water Act (O.C.G.A. 12-5-170, et sea.)
12-5-171. Declaration of policy; legislative intent; Environmental Protection Division
to administer part.
As a guide to the interpretation and application of this part, it is declared to be the policy of
the State of Georgia that the drinking waters of the state shall be utilized prudently to the
maximum benefit of the people and that the quality of such waters shall be considered a
major factor in the health and welfare of all people in the State of Georgia. To achieve this
end, the government of the state shall assume responsibility for the quality of such waters
and the establishment and maintenance of a water-supply program adequate for present
needs and designed to care for the future needs of the state.

1 Wayne County has addressed the provisions of the River Corridor Protection Act in its County Growth
Management Plan entitled "Evergreen Tomorrow."

< Part II - 99 >

CHAPTER FIVE

This requires that an agency of the state be charged with this duty and that it have
the authority to require the use of reasonable methods, that is, those methods which are
economically and technologically feasible, to ensure adequate water of the highest quality for
water-supply systems. Because of substantial and scientifically significant variations in the
characteristics, usage, and effect upon public interest of the various surface and
underground waters of the state, uniform requirements will not necessarily apply to all
waters or segments thereof. It is the intent of this part to confer discretionary administrative
authority upon such agency to take the above and related circumstances into consideration
in its decisions and actions in determining, under the conditions prevailing in specific cases,
those procedures to best protect the public interests.
The Environmental Protection Division of the Department of Natural Resources shall
be the state agency to administer the provisions of this part consistent with the above-stated
policy. (Code 1933, � 88-2601, enacted by Ga. L. 1964, p.499, � 1; Ga. L. 1977, p.351, � 1.)

General Description
The Georgia Safe Drinking Water Act of 1977 charges the Environmental
Protection Division with the responsibility for maintaining the quality of drinking water
and for maintaining a water-supply program adequate for present and future needs of the
State. The Environmental Protection Division is designated as the agency to establish
rules and policies for the proper administration of drinking water management programs.

-- Scenic Rivers --

Policy Statement
Georeia Scenic Rivers Act (O.C.G.A. 12-5-350. et sea.)
12-5-352. Rivers comprising the Georgia Scenic River System.
(a) The Georgia Scenic River System shall be comprised of the following:
(1) That portion of the Jacks River contained within the Cohutta National Wilderness Area
and located in Fannin and Murray counties, Georgia, which portion extends a length of
approximately 16 miles;
(2) That portion of the Conasauga River located within the Cohutta National Wilderness
Area and located in Fannin, Gilmer, and Murray counties, Georgia, which portion extends a
length of approximately 17 miles;
(3) That portion of the Chattooga River and its West Fork which are now designated as part
of the Chattooga National Wild and Scenic River and located in Rabun County, Georgia,
which portion extends a length of approximately 34 miles; and
(4) That portion of Ebenezer Creek from Long Bridge on County Road S 393 to the
Savannah River and located in Effingham County, Georgia, which portion extends a length of
approximately seven miles.
(b) The Georgia Scenic River System shall also be comprised of any river or section of a
river designated as a scenic river by Act or resolution of the General Assembly. (Ga. L. 1969,
p. 933, � 3; Ga. L. 1978, p. 2207, � 1; Ga. L. 1981, p. 459, � 1.)

< Part II - 100 >

I � ~~~~~~~~~~~~~~~~~~~~~~~~~~~~5 ~~~ ~I

POLICIES AND MANAGEMENT AUTHORITIES

General Description
The Georgia Scenic Rivers Act of 1969 defines "scenic river" to mean certain
rivers or section of rivers that have valuable scenic, recreational, or natural characteristics
that should be preserved for the benefit and enjoyment of present and future generations.
Certain sections of rivers are named in the Act, and the process for designating other
sections of Georgia rivers is described. The Georgia Scenic Rivers Act is administered
by the Environmental Protection Division.

-- Scenic Trails --

Policy Statement
Georaia Scenic Trails Act (O.C.G.A. 12-3-110, et sea.)
12-3-111. Legislative purpose.
In order to provide for the increasing outdoor recreation needs of an expanding population
with an increasing amount of leisure time, in order to promote the enjoyment and
appreciation of the outdoor areas of Georgia, and in order to provide for a healthful
alternative to motorized travel, trails should be established in urban, suburban, rural, and
wilderness areas of Georgia. Therefore, the purpose of this article is to provide for a Georgia
Scenic Trails System. (Ga. L. 1972, p. 142, � 2.)

General Description
The Georgia Scenic Trails Act authorizes the Department of Natural Resources to
establish a Scenic Trails System in Georgia. The Department is authorized to construct,
maintain, and manage trails on lands acquired through purchase, easement, lease or
donation. The purpose is to create a balanced system of trails throughout the State,
including urban, bicycle, horse, rural hiking, primitive hiking, historical, bikeways, and
combination trails. The Georgia Department of Transportation is authorized to construct
the bicycle trails and bikeways after the Department of Natural Resources has determined
their routes.

-- Septic Tanks --

Policy Statement
Title 31 -- Health (O.C.G.A. Title 31 Renerallv) (Septic Tank Law)
31-2-7. Standardsfor individual sewage management systems.
(b) The Department of Human Resources shall have the authority as it deems necessary and
proper to adopt state-wide minimum standards for on-site, individual sewage management
systems, including but not limited to standards for the size and construction of septic tanks.
The Department is authorized to require that any on-site, individual sewage management
system be examined and approved prior to allowing the use of such system in the state.
Any on-site, individual sewage management system which has been properly approved shall,
by virtue of such approval and by operation of law, be approved for installation in every
county of the state; provided, however, that such on-site, individual sewage management

CHAPTER FIVE

system shall be required to meet local regulations authorized by law. Upon written request
of three or more health districts, the department is authorized to require the reexamination of
any such system or component thereof, provided that documentation is submitted indicating
unsatisfactory service of such system or component thereof. Before any such examination
or reexamination, the department may require the person, persons, or organization
manufacturing or marketing the system to reimburse the department or its agent for the
reasonable expenses of such examination. (Code 1981, � 31-2-7, enacted by Ga. L 1992, p. 3308, �
1; Ga. L. 1994, p. 1777, � 1.)
31-3-5.1. Regulations for septic tanks or individual sewage management systems in
unincorporated areas; conformity to building permit.
(b) No building permit for the construction of any residence, building, or other facility which
is to be served by a septic tank or individual sewage management system shall be issued by
or pursuant to the authority of a county governing authority unless the septic tank or
individual sewage management system installation permit is in conformity with any state-
wide minimum standards for sewage management systems or the rules and regulations of
the county board of health adopted pursuant to the authority of subsection (a) of this Code
section. No person, firm, corporation, or other entity shall install a septic tank or individual
sewage management system in violation of any state-wide minimum standards or the
regulations of a county board of health adopted pursuant to the authority of subsection (a) of
the Code section. Each county governing authority shall provide by ordinance or resolution
for the enforcement of the provisions of this subsection. (Code 1981, � 31-3-5.1, enacted by Ga.
L. 1986, p. 227, � 1; Ga. L. 1992, p. 3308. � 2; Ga. L. 1994, p. 1777, � 2.)

General Description
As stated above, the standards and regulations for individual sewage management
systems are found at O.C.G.A. 31-2-7 and 31-3-5.1. The Department of Human
Resources and the county boards of health are described and established by Title 31.
There are other references for managing septic systems throughout the Code, including
references within the River Corridor Protection Act (O.C.G.A. 12-2-8), the Georgia
Water Quality Control Act (O.C.G.A. 12-5-20), and others, which make reference to safe
siting of septic systems to ensure that leachate from those systems does not infiltrate the
waters of the State. The county board(s) of health are provided the authority and the
responsibility of ensuring safe installation and maintenance of septic systems.

-- Shellfish --

Policy Statement
Game and Fish Code (O.C.G.A. 27-1-1. et sea.)
27-4-190. Master collecting and picker's permits; hours for taking shellfish;
recreational harvesting.
(a) It shall be unlawful to take or possess shellfish in commercial quantities or for
commercial purposes without first having obtained a master collecting permit or without
proof of purchase that such shellfish were purchased from a certified shellfish dealer.
Master collecting permits shall specify whether the permittee is authorized to take oysters,
clams, or other shellfish and shall only be issued to persons certified by the Department of

< Part II- 102>

POLICIES AND MANAGEMENT AUTHORITIES

Agriculture to handle shellfish unless permission to take and possess shellfish for mariculture
purposes has been granted by the department as described in subsection (d) of Code Section
27-4-197. Such permits shall be provided annually at no cost by the department but shall
only be issued to persons with the right to harvest shellfish pursuant to Code Sections
44-8-6 through 44-8-8 or to holders of leases from such persons. A permittee may request
authorization from the department for employees or agents, who shall be referred to as
pickers, of such permittee to take shellfish from permitted areas. Such request shall be in
writing to the department and shall include the name, address, and personal commercial
fishing license number of the picker. It shall be unlawful for pickers to take or possess
shellfish as authorized under their employer's master collecting permit unless they carry on
their person while taking or in possession of shellfish a picker's permit as provided by the
department indicating the exact area and circumstances allowed for taking. Such pickers'
permits and charts shall be provided annually by the department at no cost and shall be in a
form as prescribed by the department. Pickers must possess a valid personal commercial
fishing license as provided for in Code Section 27-4-1 10 and, when a boat is used, a valid
commercial fishing boat license as provided in Code Section 27-2-8. Master collecting
permits and pickers' permits shall not be issued to persons who have been convicted three
times in the two years immediately preceding the filing of an application for a permit of
violations of this Code section, subsection (b) of Code Section 27-4-193, subsections (a) and
(b) of Code Section 27-4-195, or Code Section 27-4-199. Master collecting permits and
pickers' permits issued to master collecting permittees' agents shall be surrendered to the
department upon termination of Department of Agriculture certification for handling shellfish,
upon termination of right to harvest shellfish, or upon violation of any provision of this title.
If a picker is removed from authorization to take shellfish by the master collecting permittee,
that picker shall immediately surrender to the department his picker's permit. It shall be
unlawful to possess unauthorized pickers' permits or pickers' permits issued to another
person.
(c) It shall be unlawful for any person to take or possess shellfish from unauthorized
locations and during unauthorized periods of taking. It shall be unlawful to take shellfish
except between the hours of one-half hour before sunrise and one-half hour after sunset.
(Code 1981, � 27-4-190, enacted by Ga. L. 1991, p. 693, � 6.)
27-4-193. Taking shellfish from unapproved growing areas; operating facility for
controlled purification of shellfish.
(a) As used in this Code section, the term "approved growing area" means that area or
areas approved by the department for shellfish harvesting and "unapproved growing area"
means all other areas.
(b) It shall be unlawful to take or possess shellfish from unapproved growing areas except at
such times and places as the department may establish. The department is authorized to
close approved growing areas to allow transplanting at any time between January 1 and
December 31. It shall be unlawful to engage in transplanting of shellfish from unapproved
growing areas without written authorization from the department. Such authorization may
condition the transplanting upon compliance with current, sound principles of wildlife
research and management. In approving growing areas, the department shall consider such
current guidelines as have been established by the National Shellfish Sanitation Program at
the time of approval of the growing areas and current, sound principles of wildlife research
and management. (Code 1981, � 27-4-193, enacted by Ga. L. 1991, p. 693, � 6; Ga. L. 1992, p. 6, �
27.)

< Part n - 103 >

CHAPTER FIVE

General Description
The provisions of O.C.G.A. Title 27 (Game and Fish Code), Part 4 describe the
regulation of shellfish in Georgia. The provisions describe the requirements for a
commercial shellfish harvester to have a license, issued by the Department of Natural
Resources pursuant to the requirements of the U.S. Department of Agriculture. The
Department also is authorized to approve shellfish growing areas for commercial harvest,
and must consider the guidelines established by the National Shellfish Sanitation Program
(See Section VII of this chapter). The Department conducts water sampling in areas that
are approved for shellfish in conjunction with the National Shellfish Sanitation Program.

-- Shore Protection --

Policy Statement
Shore Protection Act (O.C.G.A. 2-5-230. et sea.)
12-5-231. Legislativefindings and declarations.
The General Assembly finds and declares that coastal sand dunes, beaches, sandbars, and
shoals comprise a vital natural resource system, known as the sand-sharing system, which
acts as a buffer to protect real and personal property and natural resources from the
damaging effects of floods, winds, tides, and erosion. It is recognized that the coastal sand
dunes are the most inland portion of the sand-sharing system and that because the dunes are
the fragile product of shoreline evolution, they are easily disturbed by actions harming their
vegetation or inhibiting their natural development. The General Assembly further finds that
offshore sandbars and shoals are the system's first line of defense against the potentially
destructive energy generated by winds, tides, and storms, and help to protect the onshore
segment of the system by acting as reservoirs of sand for the beaches. Removal of sand
from these bars and shoals can interrupt natural sand flows and can have unintended,
undesirable, and irreparable effects on the entire sand-sharing system, particularly when the
historical patterns of sand and water flows are not considered and accommodated. Also, it
is found that ocean beaches provide an unparalleled natural recreation resource which has
become vitally linked to the economy of Georgia's coastal zone and to that of the entire
state. The General Assembly further finds that this natural resource system is costly, if not
impossible, to reconstruct or rehabilitate once adversely affected by man related activities
and is important to conserve for the present and future use and enjoyment of all citizens and
visitors to this state and that the sand-sharing system is an integral part of Georgia's barrier
islands, providing great protection to the state's marshlands and estuaries. The General
Assembly further finds that this sand-sharing system is a vital area of the state and is
essential to maintain the health, safety, and welfare of all the citizens of the state.
Therefore, the General Assembly declares that the management of the sand-sharing system
has more than local significance, is of equal importance to all citizens of the state, is of
state-wide concern, and consequently is properly a matter for regulation under the police
power of the state. The General Assembly further finds and declares that activities and
structures on offshore sandbars and shoals, for all purposes except federal navigational
activities, must be regulated to ensure that the values and functions of the sand-sharing

< Part II - 104 >

POLICIES AND MANA GEMENT AUTHORITIES

system are not impaired. It is declared to be a policy of this state and the intent of this part
to protect this vital natural resource system by allowing only activities and alterations of the
sand dunes and beaches which are considered to be in the best interest of the state and
which do not substantially impair the values and functions of the sand-sharing system and by
authorizing the local units of government of the State of Georgia to regulate activities and
alterations of the ocean sand dunes and beaches and recognizing that, if the local units of
government fail to carry out the policies expressed in this part, it is essential that the
department undertake such regulation. (Code 1981, �12-5-231, enacted by Ga. L.1992, p.1362. � 1.)

General Description
The Shore Protection Act is the primary legal authority for protection and
management of Georgia's shoreline features including sand dunes, beaches, sandbars, and
shoals, collectively known as the sand-sharing system. The value of the sand-sharing
system is recognized as vitally important in protecting the coastal marshes and uplands
from Atlantic storm activity, as well as providing valuable recreational opportunities.

The Shore Protection Act limits activities in shore areas and requires a permit for
certain activities and structures on the beach. Construction activity in sand dunes is
limited to temporary structures such as crosswalks, and then only by permit from the
Georgia Coastal Resources Division. Structures such as boat basins, docks, marinas, and
boat ramps are not allowed in the dunes. Shore Permits, which are administered by the
Coastal Resources Division, are not granted for activities that are inconsistent with the
Georgia Coastal Management Program. The Shore Protection Act prohibits operation of
any motorized vehicle on or over the dynamic dune fields and beaches, except as
authorized for emergency vehicles, and governmental vehicles for beach maintenance or
research. The Shore Protection Act also prohibits storage or parking of sailboats,
catamarans, or other marine craft in the dynamic dune field.

Direct permitting authority regarding any proposed facilities located within the
jurisdictional area the Shore Protection Act lies with the Shore Protection Committee.
These permits are administered by the Georgia Coastal Resources Division. This
authority is a very important aspect of the Georgia Coastal Management Program, since
recreation at the water's edge is a significant demand. Providing public access and
recreational opportunities at or near the beach while protecting the sand sharing system is
an important component of the Program.

< Partil1- 105 >

CHAPTER FIVE

-- Solid Waste Management --

Policy Statement
Georgia Comprehensive Solid Waste Management Act (O.C.G.A. 12-8-21. et sea.)
12-8-21. Declaration ofpolicy; legislative intent.
(a) It is declared to be the policy of the State of Georgia, in furtherance of its responsibility
to protect the public health, safety, and well-being of its citizens and to protect and enhance
the quality of its environment, to institute and maintain a comprehensive state-wide program
for solid waste management which will assure that solid waste facilities, whether publicly or
privately operated, do not adversely affect the health, safety, and well-being of the public
and do not degrade the quality of the environment by reason of their location, design,
method of operation, or other means and which, to the extent feasible and practical, makes
maximum utilization of the resources contained in solid waste.
(b) It is further declared to be the policy of the State of Georgia to educate and encourage
generators and handlers of solid waste to reduce and minimize to the greatest extent
possible the amount of solid waste which requires collection, treatment, or disposal through
source reduction, reuse, composting, recycling, and other methods and to promote markets
for and engage in the purchase of goods made from recovered materials and goods which are
recyclable. (Code 1981, � 12-8-21, enacted by Ga. L. 1990, p. 412, � 1; Ga. L. 1992, p. 3259, � 1; Ga. L.
1993, p. 399, �� 1, 2.)

General Description
The Georgia Comprehensive Solid Waste Management Act defines the rules
regarding solid waste disposal in the State. Solid waste handling facilities must be
permitted by the State unless an individual is disposing of waste from his own residence
onto land or facilities owned by him and disposal of such waste does not adversely affect
human health (O.C.G.A. 12-8-30.10). State law mandates that a county, municipality, or
group of counties beginning a process to select a site for municipal waste disposal must
first call at least one public meeting.

In addition to the above-named jurisdictions, a regional solid waste management
authority must hold at least one meeting within the jurisdiction of each participating
authority. Meetings held to make siting decisions for any publicly or privately owned
municipal solid waste disposal facility must be publicized before the meeting is held
(O.C.G.A. 12-8-26). Each city and county is required to develop a comprehensive solid
waste management plan that, at a minimum, provides for the assurance of adequate solid
waste handling capability and capacity for at least ten years. This plan must identify
those sites that are not suitable for solid waste facilities based upon environmental and
land use factors (O.C.G.A. 12-8-31.1); these factors may include historic and
archeological sites. Solid waste facilities within 5,708 yards of a national historic site are
not permitted (O.C.G.A. 12-8-25.1). Solid waste facilities on property owned exclusively
by a private solid waste generator are generally exempt from these provisions. Local
governments have the authority to zone areas of environmental, historic, or cultural

< Part II - 106 >

POLICIES AND MANAGEMENT AUTHORITIES

sensitivity and to protect those sites from becoming waste disposal areas regardless of
whether they are public or privately owned.

-- Surface Minini --

Policy Statement
Georgia Surface Minine Act (O.C.G.A. 12-4-70, et sea.)
12-4-71. Legislative purpose; duty of Environmental Protection Division to administer
part.
(a) The purposes of this part are:
(1) To assist in achieving and maintaining an efficient and productive mining industry and to
assist in increasing economic and other benefits attributable to mining;
(2) To advance the protection of fish and wildlife and the protection and restoration of land,
water, and other resources affected by mining;
(3) To assist in the reduction, elimination, or counteracting of pollution or deterioration of
land, water, and air attributable to mining;
(4) To encourage programs which will achieve comparable results in protecting, conserving,
and improving the usefulness of natural resources to the end that the most desirable conduct
of mining and related operations may be universally facilitated;
(5) To assist in efforts to facilitate the use of land and other resources affected by mining so
that such use may be consistent with sound land use, public health, and public safety, and
to this end to study and recommend, wherever desirable, techniques for the improvement,
restoration, or protection of such land and other resources.
(b) The Environmental Protection Division of the department shall administer this part
consistent with the above-stated purposes. (Ga. L. 1968, p. 9, � 2.)

General Description
Georgia's Surface Mining Act regulates all surface mining in Georgia, including
the coastal zone. Dredging or ocean mining of materials are not directly regulated by
State authority, except that sand and gravel operations are subject to the Shore Protection
Act.

-- Underground Storage Tanks --

Policy Statement
Georeia Undereround Storage Tank Act (O.C.G.A. 12-13-1. et sea.)
12-13-2. Public policy.
(a) It is declared to be the public policy of the State of Georgia, in furtherance of its
responsibility to protect the public health, safety, and well-being of its citizens and to protect
and enhance the quality of its environments, to institute and maintain a comprehensive
state-wide program for the management of regulated substances stored in underground
tanks.

< Part II - 107 >

CHAPTER FIVE

(b) It is the intent of the General Assembly that the Environmental Protection Division of the
Department of Natural Resources shall be designated as the state agency to administer the
provisions of this chapter. The director of the Environmental Protection Division of the
Department of Natural Resources shall be the official charged with the primary responsibility
for the enforcement of this chapter. In exercising any authority or power granted by this
chapter and in fulfilling duties under this chapter, the director shall conform to and implement
the policies outlined in this chapter.
(c) It is the intent of the General Assembly to create an environmental assurance fund
which, in addition to those purposes set forth in subsections (f) and (g) of Code Section
12-13-9, may also be used by owners and operators as an alternate to insurance purchased
from insurance companies for purposes of evidencing financial responsibility for taking
corrective action and compensation of third parties for bodily injury and property damage
caused by sudden and nonsudden accidental releases arising from operating underground
storage tanks. (Code 1981, � 12-13-2, enacted by Ga. L. 1988, p. 2072, � 1; Ga. L. 1989, p. 14, � 12.)

General Description
The Underground Storage Tank Law provides the authority for the Environmental
Protection Division to define the State criteria for operating, detecting releases, corrective
actions, and enforcement of the utilization of underground storage tanks (USTs). The
rules, found at Chapter 391-3-15 of the Rules and Regulations of the State of Georgia,
establish minimum standards and procedures to protect human health and safety and to
protect and maintain the quality of groundwater and surface water resources from
environmental contamination that could result from any releases of harmful substances
stored in such tanks. These requirements reflect the federal law regulating underground
storage tanks as well as the applicable State rules. All facilities with underground storage
tanks are subject to these requirements. The Memorandum of Agreement between the
Coastal Resources Division and the Environmental Protection Division ensures
cooperation and coordination in the implementation of UST standards within the coastal
area.

-- Water Oualitv --

Policy Statement
Georgia Water Oualitv ControlAct (O.C.G.A. 12-5-20)
12-5-21. Declaration of policy; legislative intent.
(a) The people of the State of Georgia are dependent upon the rivers, streams, lakes, and
subsurface waters of the state for public and private water supply and for agricultural,
industrial, and recreational uses. It is therefore declared to be the policy of the State of
Georgia that the water resources of the state shall be utilized prudently for the maximum
benefit of the people, in order to restore and maintain a reasonable degree of purity in the
waters of the state and an adequate supply of such waters, and to require where necessary
reasonable usage of the waters of the state and reasonable treatment of sewage, industrial
wastes, and other wastes prior to their discharge into such waters. To achieve this end, the
government of the state shall assume responsibility for the quality and quantity of such

< Part II - 108 >

POLICIES ANVD MANA GEMENVT AUTHORITIES

water resources and the establishment and maintenance of a water quality and water
quantity control program adequate for present needs and designed to care for the future
needs of the state, provided that nothing contained in this article shall be construed to waive
the immunity of the state for any purpose.
(b) The achievement of the purposes described in subsection (a) of this Code section
requires that the Environmental Protection Division of the Department of Natural Resources
be charged with the duty described in that subsection, and that it have the authority to
regulate the withdrawal, diversion, or impoundment of the surface waters of the state, and
to require the use of reasonable methods after having considered the technical means
available for the reduction of pollution and economic factors involved to prevent and control
the pollution of the waters of the state.
(c) Further, it is the intent of this article to establish within the executive branch of the
government administrative facilities and procedures for determining improper usage of the
surface waters of the state and pollution of the waters of the state, and to confer
discretionary administrative authority upon the Environmental Protection Division to take
these and related circumstances into consideration in its decisions and actions in
determining, under the conditions and specific cases, those procedures which will best
protect the public interest. (Ga. L. 1957, p. 629, � 2; Ga. L. 1964, p. 416, � 2; Ga. L, 1977, P. 368, �
1.)

Geneiral Description
The Georgia Water Quality Control Act grants the Environmental Protection
Division authority to ensure that water uses in the State of Georgia are used prudently, are
maintained or restored to a reasonable degree of purity, and are maintained in adequate
supply. In the administration of this law, the Environmental Protection Division can
revise rules and regulations pertaining to water quality and quantity, set permit conditions
and effluent limitations, and set permissible limits of surface water usage for both
consumptive and non-consumptive uses through the Board of Natural Resources.
Through a Memorandum of Agreement between the Environmental Protection Division
and the Coastal Resources Division, the rules and permits of the Environmental
Protection Division are administered in a manner consistent with the enforceable policies
of the Coastal Management Program.

The authority to regulate the rivers, streams, lakes, and subsurface waters
throughout the State for public and private water supply and agricultural, industrial, and
recreational uses is provided to the Environmental Protection Division. The Act makes it
unlawful for any person to dispose of sewage, industrial wastes, or other wastes, or to
withdraw, divert, or impound any surface waters of the State without a permit. Tourism
and recreational entities, manufacturing and transportation facilities, and other activities
found in the coastal zone covered under the policies of the Georgia Coastal Management
Program are responsible for compliance with the regulations implementing the Georgia
Water Quality Control Act.

< Partil - 109 >

CHAPTER FIVE

-- Water Wells --

Policy Statement
Water Wells Standards Act (O.C.G.A. 12-5-120, et sea.).
12-5-121. Legislative intent.
It is the intent of the General Assembly to provide in this part for the application of standards
for the siting, construction, operation, maintenance, and abandonment of wells and
boreholes so as to protect the public health and the water resources of this state. (Ga. L.
1976, p. 974, � 2; Ga. L. 1985, p. 1192, � 1.)

General Description
The Water Wells Standards Act of 1985 provides standards for siting,
constructing, operating, maintaining, and abandoning wells and boreholes. The Act
requires that individual and non-public wells must be located as far removed from known
or potential sources of pollutants as possible. Licensing requirements for drilling
contractors are established by the Act, as well a State Water Well Standards Advisory
Council. The Council is authorized to adopt and amend rules and regulations that are
reasonable to govern the licensing of well contractors. Compliance with the Water Wells
Standards Act is required for all activities that utilize well water. The provisions of the
Act are enforceable under Georgia law. The Council may file a petition for an injunction
in the appropriate superior court against any person that has violated any provisions of the
Act.

-- Wildflower Preservation --

Policy Statement
The Wildflower Preservation Act (O.C.G.A. 12-6-170, et sea.)
12-6-172. Powers and duties of Department and Board of natural Resources as to
wildflower preservation.
(a) The Department of Natural Resources shall from time to time designate as a protected
species and species of plant life within this state which it may determine to be rare, unusual,
or in danger of extinction, and upon such designation such species will become subject to
the protection of this article. (Ga. L. 1973, p. 333, � 3; Ga. L. 1982, p. 3, � 12.)

General Description
The Wildflower Preservation Act provides for designation of and protection of
plant species that are rare, unusual, or in danger of extinction. Additional species may be
added by the Board of Natural Resources at any time. The protection offered to these
species is limited to those that are found on public lands of the State. It is a misdemeanor
to transport, carry, convey, sell, cut, pull up, dig up, or remove protected species listed by
this Act.

< Part I - 110>

POLICIES AND MANA GEMENT AUTHORITIES

SECTION If:
OTHER MANAGEMENT AUTHORITIES

The following descriptions are of management authorities that provide the Coastal
Resources Division with additional tools and mechanisms to accomplish the goals of the Georgia
Coastal Management Program. Although these authorities are not listed as policies of the
Program, they are laws of the State. Most of the statutes referenced here are primarily
procedural. These laws and programs are not considered enforceable policies of the Georgia
Coastal Management Program and thus may not be cited in reviewing federal consistency
certifications and determinations from applicants and federal agencies.

Coordinated and Comprehensive Planning by Counties and Municipalities (Informally known
as the Georgia Planning Act)
The Georgia Planning Act (O.C.G.A. 45-12-200, et seq.) requires each local
government to develop a comprehensive plan to guide growth and development as a
condition to receive State funding assistance. Under the Georgia Planning Act, minimum
planning standards were developed for the preparation, adoption, and implementation of
local comprehensive plans. The planning standards constitute a three-step planning
process: inventory and assessment; needs and goals; and, implementation and strategy.

The Act establishes Regional Development Centers throughout Georgia. Three of
these Centers have jurisdiction within the coastal zone: the Southeast Georgia Regional
Development Center includes Brantley and Charlton counties; the Heart of Georgia
Regional Development Center includes Wayne County; and the Coastal Georgia Regional
Development Center includes the remaining eight counties (Bryan, Camden, Chatham,
Effingham, Glynn, Liberty, Long, and McIntosh). The role of the Regional Development
Centers is to work with local and county governments individually and on a regional
basis to improve services and programs, consistent with local comprehensive plans, to
benefit residents of the region. The Coastal Management Program works closely with the
Regional Development Centers to implement the policies of the Program. Many of the
goals, objectives and policies of the Georgia Coastal Management Program can be
achieved by local comprehensive planning processes and implementation through local
land-use controls and the public infrastructure.
Georgia Administrative Procedures Act
The Georgia Administrative Procedures Act (O.C.G.A. 50-13-4, et seq.)
establishes the procedural requirements for adoption, amendment, or repeal of rules and
regulations, among other things. New rules require at least 30 days notice of intended

CHAPTER FIVE

action. Similar public comment requirements are required for federal regulatory actions.
Public comment and input is important for any regulatory action, both to provide an
opportunity for presentation of citizens' ideas and concerns and to provide time for
implementation by those entities that may be potentially impacted.

Georgia Litter Control Law
The Georgia Litter Control Law (O.C.G.A. 16-7-40, et seq.) makes it unlawful
for any person or persons, "...to dump, deposit, throw, or leave or to cause or permit the
dumping, placing, throwing, or leaving of litter on any public or private property in this
state or any waters in this state" unless the situation meets one of three conditions. Litter
may be disposed at a site if: (1) The property is designated as a litter disposal site; and/or
(2) If litter is placed in a proper receptacle; and/or (3) If it is disposed of by permission of
the property owner in a manner consistent with the public welfare.

Georgia Uniform Conservation Easement Act
The Georgia Uniform Conservation Easement Act (O.C.G.A. 44-1 0- 1, et seq.)
defines "conservation easement" to mean a non-possessory interest in real property, with
limitations or affirmative obligations, the purposes of which include retaining or
protecting natural property; assuring its availability for agricultural, forest, recreational, or
open space use; protecting natural resources; maintaining or enhancing air or water
quality; or preserving the historical, archeological, or cultural aspects of real property. A
landholder may be a government agency or a charitable organization.

< Part H - 112 >

POLICIES AND MANA GEMENT AUTHORITIES

SECTION III:
TABLE OF MANAGEMENT AUTHORITIES2

Management Authority Major GCMP
(Georgia Code Section) Provisions Agency Policy Comments
(Year of Enactment) ?

* Enables DNR to develop and DNR/ Yes � Enabling legislation only: does not
implement plan Coastal require new regulations.
Georgia Coastal Management Act * Provides authority to DNR to Resources
(O.C.G.A. 12-5-320, et seq.) accept, spend, and grant funds Division
(1997) * Provides authority to DNR to hold
public hearings
* Provides authority to Governor to
review and approve coastal
management plan and to submit it
to federal government for approval

Coastal Marshlands Protection Act * Protects tidal wetlands DNR/ Yes � Requires permit for structures or
(O.C.G.A. 12-5-280, et seq.) � Requires permit for structures, Coastal activities in coastal marshes
(1970) dredging, filling Resources
* Establishes Coastal Marshlands Division
Protection Committee

Coordinated Comprehensive * Requires each local government Dept. of No � Describes role of Regional
Planning By Counties and to develop a comprehensive plan to Community Development Centers to help with
Municipalities Act guide growth and development Affairs planning
(O.C.G.A. 45-12-200, et seq.)
(1989)

2 For those authorities included as a policy of the Georgia Coastal Management Program (GCMP), the administering agency is included as a
networked participant of the Program.

< Part Il- 113 >

CHAPTER FIVE

Management Authority Major GCMP
(Georgia Code Section) Provisions Agency Policy Comments
(Year of Enactment)

Department of Community Affairs * Establishes the Department of Dept. of No � Authorizes the DCA and RDCs to
Code Community Affairs and the Community provide planning and technical
(O.C.G.A. 50-8-1, et seq.) structure of the Regional Affairs assistance, to gather and distribute
(1988) Development Centers information and studies, and to help
with maps, surveys, reports, etc. for
municipal and county governments

Department of Natural Resources � Establishes structure, powers and DNR Yes
Authority duties of DNR, including EPD
(O.C.G.A. 12-2-1, et seq.) * Establishes DNR Board
(1937)

Endangered Wildlife Act * Purpose is to identify/protect DNR/ Yes � Protection of protected species
(O.C.G.A. 27-3-130, et seq.) rare, unusual, or other animals in Wildlife habitat is limited to public lands
(1973) danger of extinction Resources * Private property, private streams,
* Provides authority to DNR board Division and actions that would impede
to issue regulations for protection construction are exempt from wildlife
of protected species protection regulations
* Wildlife Resources Division enforces
the protection of endangered species

Game and Fish Code � Designates Wildlife Resources DNR/ Yes * Hunting, trapping and fishing license
(O.C.G.A. 27-1-1, et seq.) Division to operate Wildlife Wildlife requirements are established
(1977) Management Areas, to register Resources
aquaculture activities, and to Division
protect wildlife resources
* Establishes hunting, trapping, and
fishing laws
� Establishes Conservation Rangers

-~li~-S PjPSL~.

POLICIES AND MANAGEMENT AUTHORITIES

Management Authority Major GCMP
(Georgia Code Section) Provisions Agency Policy Comments
(Year of Enactment)?

Georgia Administrative Procedures * Establishes requirements for All State No
Act adoption, amendment or repeal of Agencies
(O.C.G.A. 50-13-4, etseq.) rules and regulations
(1964) * Requires minimum of 30 days
notice of intended rules change

Georgia Aquaculture Development * Establishes Commission to study DNR/Dept.of Yes
Act and promote aquaculture Ag./Dept. of
(O.C.G.A. 27-4-251, et seq.) development in the State. Industry,
(1992) Trade, &
Tourism

Georgia Air Quality Act * Establishes ambient air quality DNR/ Yes * Requires permit for air emissions
(O.C.G.A. 12-9-2, et seq.) standards, emissions limitations, Environmental
(1964) emission control standards, etc. Protection
Division

Historic Area Act * Establishes law for preservation DNR/ Yes
(O.C.G.A. 12-3-50, et seq.) of historic sites in Georgia Historic
(1951) Preservation
Division

Georgia Boat Safety Act * Governs abandoned vessels DNR/Law Yes
(O.C.G.A. 52-7-1, et seq.) * Sets enforceable rules for safe Enforcement
(1994) boating practices Division &
* Establishes 1000' boating safety Georgia
zones on Jekyll, Tybee, St. Bureau of
Simons, and Sea Islands. Investigation

< Part I - 115>

CHAPTER FIVE

Management Authority Major GCMP
(Georgia Code Section) Provisions Agency Policy Comments
(Year of Enactment)

Georgia Code of Public � Establishes the Georgia Dept. of Georgia Dept. No
Transportation Transportation to plan and maintain of Transpor-
(O.C.G.A. Title 32 generally) the State highway system tation
(1973) (O.C.G.A. 32-2-1)
* Provides code of statutes for
public roads and other
transportation facilities of the
State, counties and municipalities
of Georgia

Georgia Administrative Procedures * Establishes Permit requirements DNR/ Yes � Requires Permit from DNR/CRD for
Act (Revocable License Program) for use of State-owned tidal water Coastal tidal water bottoms.
(O.C.G.A. 50-16-61, et seq.) bottoms Resources * Revocable licenses are issued by
(1863) Division other agencies throughout State for
resource management
a The Act also establishes
requirements for public hearings, etc.

Georgia Comprehensive Solid � Defines rules regarding solid DNR/ Yes � Requires permit for solid waste
Waste Management Act waste disposal, including permit Environmental facility
(O.C.G.A. 12-8-20, et seq.) requirements for facilities Protection
(1972) Division

Georgia Environmental Policy Act � Requires preparation of an State Yes � Similar to the National Environmental
(O.C.G.A. 12-16-1, et seq.) Environmental Effects Report for Attorney Policy Act (NEPA) that establishes
(1991) any governmental action that may General's Environmental Impact Statements for
significantly adversely affect the Office federal projects
qualitv of the environment

< Part II - 116 >

POLICIES AND MANAGEMENT AUTHORITIES

Management Authority Major GCMP
(Georgia Code Section) Provisions Agency Policy Comments
(Year of Enactment)

Georgia Erosion and Sedimentation * Establishes minimum standards DNR/ Yes * Requires permit
Act for land-disturbing activities Environmental * Several exemptions to the
(O.C.G.A. 12-7-1, et seq.) * Requires each local government Protection requirements for an E&S permit exist,
(1975) to establish procedures for land- Division including: DOT projects, single family
disturbing activities owner-built residences, forestry, etc.

Georgia Forestry Commission *Establishes the Georgia Forestry Georgia No * Provides for monitoring,
(O.C.G.A. 12-6-1, et seq.) Commission and the regulation and Forestry management, conservation, and
(1921) monitoring of forestry activities Commission protection of forest lands, education,
production of seedlings, sale of forest
products from land managed by
Commission, etc.

Georgia Fisheries Law Pertaining to � Protects public health & safety DNR/ Yes
Shellfish by setting minimum water quality Coastal
(O.C.G.A. 27-1-4, et seq.) standards for shellfish waters and Resources
(1981) seafood Division

Georgia Hazardous Waste * Establishes regulations for DNR/ Yes * Requires Permit
Management Act generation, storage, treatment, and Environmental
(O.C.G.A. 12-8-60, et seq.) disposal of hazardous wastes Protection
(1979) Division

Georgia Heritage Trust Act of 1975 * Establishes Heritage Trust DNR Yes * The Heritage Trust Commission term
(O.C.G.A. 12-3-70, et seq.) Commission has expired and implementation of
(1975) * Seeks to preserve certain many of the goals of the Act has been
property in Georgia with unique superseded by the Heritage 2000
natural characteristics, special Program
historical value, or particular
recreational value.

< Part l- 117 >

CHAPTER FIVE

Management Authority Major GCMP
(Georgia Code Section) Provisions Agency Policy Comments
(Year of Enactment) ?

Georgia Litter Control Law * Makes it unlawful to litter on any Georgia Law No
(O.C.G.A. 16-7-48, etseq.) public or private property or waters Enforcement
(1970) of Georgia Agencies

Georgia Natural Areas Act * Provides authority to identify and DNR/ Yes
(O.C.G.A. 12-3-90, etseq.) preserve areas of unusual Wildlife
(1966) ecological significance in a natural Resources
state Division

Georgia Oil and Gas and Deep * Provides protection to DNR/ Yes
Drilling Act underground water supplies and Environmental
(O.C.G.A. 12-4-40, et seq.) environmentally sensitive areas Protection
(1975) from the effects of oil and gas Division
drilling activities

Georgia Ports Authority Act * Establishes the Georgia Ports Georgia Ports No
(O.C.G.A. 52-2-1, etseq.) Authority Authority
(1945) * Regulates port facilities

Georgia Safe Dams Act * Establishes inspection and DNR/ Yes
(O.C.G.A. 12-5-370, et seq.) permitting requirements for dams Environmental
(1978) Protection
Division

Georgia Safe Drinking Water Act * Establishes regulatory DNR/ Yes
(O.C.G.A. 12-5-170, etseq.) requirements for drinking water Environmental
(1977) management programs Protection
Division

POLICIES AND MANAGEMENT AUTHORITIES

Management Authority Major GCMP
(Georgia Code Section) Provisions Agency Policy Comments
(Year of Enactment)

Georgia Scenic Rivers Act of 1969 * Defines scenic rivers DNR/ Yes * River Care 2000 supplements this
(O.C.G.A. 12-5-350, et seq.) * Names certain sections of rivers Environmental program
(1969) for preservation Protection
Division

Georgia Scenic Trails Act * Provides authority to construct, DNR/Parks Yes
(O.C.G.A. 12-3-110, et seq.) manage and maintain a system of and Historic
(1972) trails in Georgia Sites Division

Georgia Soil and Water * Establishes Georgia Soil and Georgia Soil No * Non-regulatory agency -- relies on
Conservation Commission Water Conservation Commission and Water voluntary cooperation for enforcement
(O.C.G.A. 2-6-23, et seq.) * Sets up five water conservation Conservation of Best Management Practices directed
(1937) districts in Georgia Commission at reducing erosion and water pollution

Georgia Surface Mining Act * Regulates all surface mining in DNR/ Yes * Requires Permit
(O.C.G.A. 12-4-70, etseq.) Georgia Environmental
(1968) Protection
Division

Georgia Underground Storage Tank * Establishes criteria for operating, DNR/ Yes * Requires Permit
Act detecting releases, and utilizing Environmental * Rules found at 391-3-15 of Rules
(O.C.G.A. 12-13-1, et seq.) underground storage tanks Protection and Regulations describe requirements
(1981) Division for protection of groundwater, etc.

Georgia Uniform Conservation * Defines "conservation easement" State No * Establishes provisions for tax relief
Easement Act to be non-possessory interest in Attorney for conservation easements
(O.C.G.A. 44-10-1, et seq.) real property, with limitations and General's
(1992) obligations Office

CHAPTER FIVE

Management Authority Major GCMP
(Georgia Code Section) Provisions Agency Policy Comments
(Year of Enactment)

Georgia Water Quality Control Act * Establishes regulatory DNR/ Yes � Requires permit for discharges into
(O.C.G.A. 12-9-1, et seq.) requirements for water quality and Environmental State waters
(1964) quantity, permits for discharges Protection
into surface and subsurface Division
waters, etc.

Groundwater Use Act * Provides authority to establish DNR/ Yes * Requires permit for withdrawal of
(O.C.G.A. 12-5-90, et seq.) regulations and permit Environmental groundwater
(1972) requirements for withdrawal, Protection
drilling protocols, and water Division
conservation plans

Jekyll Island State Park Authority * Establishes authority to manage Jekyll Island No
Act and control uses of Jekyll Island Authority
(O.C.G.A. 12-3-20, et seq.) * Establishes the Recreational
(1950) Authorities Overview Committee to
oversee management of Jekyll IsI.
State Park, and three other sites

Licenses to Dig, Mine, and Remove a Authorizes the Office of the Office of the Yes
Phosphate Deposits Secretary of State to regulate Secretary of
(O.C.G.A. 12-4-100, et seq.) phosphate mining State
(1884)

Mountain and River Corridor * Requires a 100' vegetative buffer DNR/ Yes
Protection Act * Requires consistency with Environmental
(O.C.G.A. 12-2-8, et seq.) Erosion and Sedimentation Act Protection
(1981) * Requires local governments to Division, &
identify river corridors in land-use local
plans qovernments

< Part H - 120 >

POLICIES AND MANAGEMENT AUTHORITIES

Management Authority Major GCMP
(Georgia Code Section) Provisions Agency Policy Comments
(Year of Enactment) ?

Nongame Wildlife Conservation and � Provides a mechanism to fund DNR/Wildlife No
Habitat Acquisition Fund nongame wildlife conservation and Resources
(O.C.G.A. 12-3-600, et seq.) habitat acquisition Division
(1981)

Public Service Commission � Sets minimum standards for Public Service No
(O.C.G.A. 46-2-1, et seq.) siting of energy facilities and Commission
(1882) railroads

Protection of Tidewaters Act * Requires permit for vessels used DNR/Law Yes � Permits are not issued for terms
(O.C.G.A. 52-1-1, et seq.) for habitation and not Enforcement beyond June 30, 1997
(1992) transportation within the Section
tidewaters of the State

Right of Passage Act * Requires vessel operators to stay DNR/Law Yes
(O.C.G.A. 52-1-30, et seq.) to the right (starboard) side of Enforcement
(1981) streams and channels for traffic Section
safety

Section 401 Water Quality * Federal Clean Water Act DNR/ No * Through a Memorandum of
Certification provision authorizes states to Environmental Agreement between CRD and EPD,
(Federal Clean Water Act, review of federal permits for Protection CRD assists EPD with 401
33 U.S.C. 1251, et seq.) activities that may result in a Division administration within the eleven-
(1972) discharge to navigable waters (Atlanta) county coastal area

Title 31 - Health * Establishes authority to set state- Dept. of Yes * Requires permit from county
(Septic Tank Law) wide standard for septic tanks Human
(O.C.G.A. Title 31 generally) Resources &
(1981) County Health
Departments

< Part II- 121 >

CHAPTER FIVE

Management Authority Major GCMP
(Georgia Code Section) Provisions Agency Policy Comments
(Year of Enactment)

Shore Protection Act * Protects sand dunes, beaches, DNR/ Yes * Requires Permit from DNR/CRD
(O.C.G.A. 12-5-230, et seq.) sandbars, and shoals Coastal
(1979) a Limits construction activity to Resources
temporary structures by permit Division
only
a Prohibits motorized vehicles on
dunes and beaches
� Prohibits docks, marinas, boat
ramps, storage facilities in dunes
a Establishes Shore Protection
Committee

State Programmatic General Permit * General federal permit for U.S. Army No � Requires Permit. Administered by
for Recreational Docks construction of recreational docks Corps of DNR/Coastal Resources Division
(Federal Clean Water Act Sect in coastal waters Engineers through an MOA with the Corps
404(e)(1)) � Recreational docks usually also
(1972) require a Marsh Permit or a Shore
Permit and a Revocable License.

Water Wells Standards Act � Provides standards for siting, Water Well Yes � Requires permit
(O.C.G.A. 12-5-120, et seq.) construction, and operation of Standards
(1985) wells Advisory
Council

Wildflower Preservation Act � Provides for designation and DNR/ Yes
(O.C.G.A. 12-6-170, et seq.) preservation of rare, unusual, or Wildlife
(1973) endangered plant species Resources
"lDiviezion

< Part H - 122>

POLICIES ANVD MANVAGEMENT AUTHORITIES

SECTION IV:

STATE PROGRAMS

The following State programs contribute towards effective management of Georgia's
coastal resources. As non-regulatory programs, they do not constitute enforceable policies of the
Program and may not be used in federal consistency reviews.

Acres for Wildlife Program
The Acres for Wildlife Program is administered by the Nongame and Endangered
Wildlife Program of the Georgia Department of Natural Resources to provide technical
assistance to private landowners for resource and habitat management. The Program
helps to identify wildlife habitat and provides advice to the landowner to help him or her
manage the property for the welfare of the wildlife.

Certifled Burner Program
The Certified Burner Program is administered by the Georgia Forestry
Commission to educate the citizens of Georgia about safe burning techniques. The
Georgia General Assembly declared that prescribed burning is a resource protection and
land management tool that benefits the safety of the public, Georgia's forest resources, the
environment, and the economy of the State (O.C.G.A. 12-6-146).

Community Wildlife Project
The Community Wildlife Project is the only wildlife habitat certification program
directed to the community as a whole. It is designed to encourage and improve
management of wildlife habitats found in urban, suburban, and semi-rural areas. The
program is administered by local garden clubs affiliated with the Garden Clubs of
Georgia in concert with the Nongame and Endangered Wildlife Program of the Georgia
Department of Natural Resources. The Community Wildlife Project establishes
minimum criteria for community-based habitat management projects.

Forest Stewardship Program
The Forest Stewardship Program is administered by the Georgia Forestry
Commission in cooperation with the Nongame and Endangered Wildlife Division of the
Department of Natural Resources. The Program is designed to provide technical
assistance to private landowners for management of forest lands. A concomitant
Stewardship Incentive Program provides State funding on a cost-sharing basis to
implement certain aspects of the program.

< Partil1- 123 >

CHAPTER FIVE

Heritage 2000
Heritage 2000 is a public-private partnership program designed by Governor
Miller to acquire historic property and resources throughout Georgia. The initiative is
modeled after Preservation 2000.

Non game Wildlife Conservation and Habitat Acquisition Fund
Georgia's Nongame Wildlife Conservation and Habitat Fund (O.C.G.A. 12-3-600,
et seq.) provides the Department of Natural Resources a mechanism to establish nongame
wildlife conservation and habitat acquisition, as well as education programs to enhance
the protection of nongame flora and fauna. The Department of Natural Resources may
solicit voluntary contributions through an income tax return contribution mechanism, by
offers to match contributions, or by fund raising or other promotional techniques. Any
funds collected are placed into a "Nongame Wildlife Conservation and Wildlife Habitat
Acquisition Fund."

Preservation 2000
Preservation 2000 is a three year program implemented by Governor Miller in
1994 to acquire approximately 100,000 acres for the State of Georgia to preserve natural
areas, historic sites, parks, wildlife management areas and similar sites. It is funded by a
$65 million bond fund, approximately $1.45 million in gifts, and small amounts of
federal money. Since its inception, over 84,000 acres have been acquired and
approximately 33,000 acres are under negotiation. There were over 450 nominations of
various parcels throughout the State. Currently, there are four natural areas and two
wildlife management areas designated within the coastal area as a result of Preservation
2000. Some of the 33,000 acres under negotiation lies within the coastal area. The areas
acquired provide such uses as protection for bald eagles and other endangered species,
hunting, fishing, boating, nature observation, primitive camping, scientific study, and
protection of water quality for shellfish. A concomitant part of the Preservation 2000
program is the Georgia Green ways Council, a coalition of trail organizations and local,
State, and federal agencies involved with trail development. The coalition promotes the
protection of linear corridors and coordinates trail development throughout the State. A
proposed Coastal Water Trail, the aquatic equivalent of the Appalachian trail, will run
along Georgia's coast from the Savannah River to the St. Mary's River. This trail will
provide routing for sea kayaks and other small craft, and include access trails, boat
launching sites and camping areas.

River Care 2000
River Care 2000 is a public-private partnership program designed by Governor
Miller to acquire natural areas and historic property along Georgia's riverbanks. The
initiative is modeled after Preservation 2000. River Care 2000 is intended to provide
recreation and park land, and to allow better flood management.

< Part 11 - 124 >

POLICIES AND MANAGEMENT AUTHORITIES

SECTION V:
STATE AGENCIES, AUTHORITIES, AND COMMISSIONS

Department of Community Affairs
The Georgia Code Section 50-8-1, et seq., describes the purpose and duties of the
Department of Community Affairs. The purpose of the Department, in general, is to
promote, develop, sustain, and assist local governments. The Department assists local
governments by developing, promoting, and establishing standards and procedures for
coordinated and comprehensive planning, by assisting local governments to participate in
an orderly process for coordinated and comprehensive planning, and by assisting local
governments to prepare and implement comprehensive plans to promote the public
interests of the State. The Department serves as the principal department in the executive
branch of State government for local government affairs. It provides a liaison between
local governments and other governments, including the State government and the federal
government. The Department acts as the State's principal department for developing,
promoting, maintaining, and encouraging coordinated and comprehensive planning.
Under the auspices of the Department, Regional Development Centers (RDCs) are
established to accomplish the goals of the Department. The Coastal Resource Division
coordinates closely with RDCs in an effort to fulfill the goals of the Georgia Coastal
Management Program.

Georgia Forestry Commission
The Georgia Forestry Commission was established by the Georgia Legislature
(O.C.G.A. 12-6-1, et seq.). The laws of this section provide for establishment of the
Georgia Forestry Commission, and establish management, conservation measures, and
protection of forest lands. The Commission has implemented Best Management
Practices (BMPs) for forestry. Since soil characteristics and slope vary greatly within the
State, specific BMPs were developed for each of Georgia's four major regions: lower
coastal plain, upper coastal plain, piedmont, and mountain. Forestry BMPs are designed
to protect water quality from road construction, timber harvesting, site preparation, and
other silvicultural practices that may cause non-point source pollution. The BMPs that
have been developed for Georgia forestry address streamside management zones, access
systems (roads), harvesting of wetland sites, reforestation and regeneration, forest
protection (prescribed burns, etc.) and other procedures common to silviculture.

The use of BMPs for forest road construction and maintenance is mandated by
federal legislation to qualify for the silvicultural exemption from the permit process
provided for in the 1972 Water Pollution Control Act and the Clean Water Amendments
of 1977 and 1987. The basic goal of this federal legislation is to protect and enhance the

< Part II - 125 >

CHAPTER FIVE

quality of the nation's waters so they are fishable and swimmable. The use of BMPs
enables these goals to be met on waters influenced by forest lands. Compliance with
established BMPs provides silvicultural and agricultural operations exemption from the
federal permit process, therefore a Section 404 Permit is not required for wetlands that
are already used for silviculture operations. The Coastal Resources Division will
cooperate with and support the Georgia Forestry Commission and local Georgia Soil and
Water Conservation Districts in encouraging good forest and agricultural management
practices on private and public lands in order to maintain a supply of good quality timber
and agricultural products into the future, while protecting other natural values.

Outside of the jurisdictional areas of the Coastal Marshlands Protection Act and
Shore Protection Act, the Georgia Forestry Commission conducts forestry activities on
State-owned forest lands, and offers guidance and technical assistance to private timber
operations including fire prevention and control practices. The Georgia Forestry
Commission's authority will be administered consistent with the approved Coastal
Management Program through the Memorandum of Agreement executed between the
Georgia Forestry Commission and the Georgia Department of Natural Resources.

Georgia Ports Authority
The Georgia Ports Authority Act (O.C.G.A. 52-2-1) establishes the Georgia Ports
Authority, and describes its powers and authority. The Georgia Ports Authority develops
and improves harbors and seaports, fosters and stimulates shipment of freight and
commerce through Georgia ports, operates tug boats, locomotives, and other machinery,
and generally conducts the business of operating ports.

Both privately-owned and Georgia Ports Authority ports plan, construct, maintain,
and operate the State's port system. Cooperative efforts between the Coastal Resources
Division and ports management are the preferred means by which to implement sound
coastal management policies, not only on project proposals but also on long-range
planning and policy development. Many port and navigation projects also require federal
permits. Review of those permits are subject to the federal consistency provisions of the
Georgia Coastal Management Program.

Georgia Soil and Water Conservation Commission
The Georgia Soil and Water Conservation Commission was established by
O.C.G.A. 2-6-23. Among the duties of the Commission and the 40 Soil and Water
Conservation Districts in Georgia are the following: implement the federal Watershed
Protection and Flood Prevention Act; preserve and improve soil fertility; promote the
wise use and conservation of land and water; and, generally, protect lakes, rivers and
harbors against the results of soil erosion. The Georgia Soil and Water Conservation

< Part 11 - 126 >

POLICIES AND MANAGEMENT AUTHORITIES

Commission is the lead agency in Georgia for protecting water quality from agricultural
nonpoint source pollution. The Conservation Commission, in cooperation with various
State, local, and federal agencies and institutions has developed a voluntary program
using agricultural Best Management Practices (BMPs) for protecting water quality in
Georgia. The Conservation Commission and the soil and water conservation districts are
not regulatory or enforcement agencies, and, therefore, must secure voluntary cooperation
of the agricultural community. The Conservation Commission accepts the responsibility
to provide education and technical assistance to landowners, users, contractors, and the
general public to ensure that the stewardship principles in agricultural BMPs are
understood and employed.

Jekyll Island State Park Authority
Jekyll Island is established as a State Park, managed by the Jekyll Island State
Park Authority (O.C.G.A. 12-3-20, et seq.), which reports to the Commissioner of the
Department of Natural Resources. A joint committee of the General Assembly, the
Recreational Authorities Overview Committee, is the overview committee of Jekyll
Island State Park Authority, the Stone Mountain Memorial Association, the North
Georgia Mountains Authority, and the Lake Lanier Islands Development Authority.

Public Service Commission
O.C.G.A. 46-2-20, et seq. provides the Georgia Public Service Commission with
the following authority: to generally supervise all gas or electric light and power
companies; to require all companies under its supervision to establish and maintain public
services and facilities in a reasonable and just manner; and to prescribe rules and
regulations for the safe installation and safe operation of all natural gas transmission and
distribution facilities within Georgia, including but not limited to all natural gas
transmission and distribution facilities that are owned and operated by municipalities.
The Rules and Regulations of the Georgia Public Service Commission (Chapter 515-4-4
Integrated Resource Planning) require utilities to develop and file for review integrated
resource plans for construction or sale of electric plants, long term power purchases,
expenditures for demand-side capacity options. The rules and regulations provide for the
periodic review of each utility's integrated resource plans and capacity resource
construction projects and implementation plans.

< Part It - 127 >

CHAPTER FIVE

SECTION VI:
FEDERAL AUTHORITIES

The following federal authorities are referenced in various parts of the Coastal
Management Program Document. Although the Program does not rely on these federal
authorities as policies of the Program, they provide significant backup authority for many of
Georgia's laws, as well as the law in their own right. The federal laws also provide certain
requirements for federal agencies within the coastal zone. A brief summary of pertinent federal
authorities follows.

Atlantic Coastal Fisheries Cooperative Management Act
The Atlantic Fisheries Cooperative Management Act (I16 U.S.C. 5 1 01, et seq.),
known as the Atlantic Coastal Fisheries Act, was enacted in 1993. It presents a new
approach to coordinated management of coastal migratory fisheries along the U.S.
Atlantic coast. The cooperative management process established by the law involves the
Atlantic States Marine Fisheries Commission (Commission), the National Marine
Fisheries Service and the U.S. Fish and Wildlife Service. The Atlantic Coastal Fisheries
Act builds upon the success achieved by the Atlantic Striped Bass Conservation Act,
which was instrumental in the recovery of the Atlantic striped bass stocks. The Atlantic
Coastal Fisheries Act provides a mechanism to ensure Atlantic coastal state compliance
with mandated conservation measures in Commission-approved fishery management
plans. Prior to the passage of this Act, state implementation of a Commission fishery
management plan was voluntary, with the exception of the "Fishery Management Plan for
Atlantic Striped Bass." Today, all Atlantic coast states that are included in a Commission
fishery management plan must comply with certain conservation provisions of the plan or
the Secretary of Commerce may impose a moratorium in that state's waters for harvesting
the species in question.

Clean Air Act
The federal Clean Air Act (42 U.S.C. � 7401, et seq.) is administered by the
Enviromnmental Protection Agency (EPA). It establishes a permit system and regular
monitoring of the pollutants discharged from major sources of air pollution. The EPA is
required to set emission standards for at least 189 toxic air pollutants.

The federal Clean Air Act provides for regulation of emissions to the atmosphere
to protect the nation's air resources. Georgia has been delegated the authority to
implement a State regulatory program under the Clean Air Act. The State program
requirements are administered by the Georgia Environmental Protection Division. All
facilities in the State must meet the requirements of the Clean Air Act and the rules of the

< Part II - 128 >

POLICIES AND MANA GEMENT A UTHOR/TIES

Environmental Protection Division. The Memorandum of Agreement between the
Environmental Protection Division and the Georgia Coastal Resources Division ensures
cooperation in the issuance and enforcement of air quality laws and standards.

Clean Water Act and State General Programmatic Permits
The federal Clean Water Act (33 U.S.C. � 1251, et seq.), formerly known as the
Federal Water Pollution Control Act of 1972, provides a technology-based approach to
regulating water pollution, i.e., it requires the use of best available technology for the
treatment of pollution before it is discharged into water. Water quality standards and
criteria are established by the Clean Water Act.

Section 319 of the Clean Water Act requires states to assess water quality impacts
that result from nonpoint source pollution and to develop management programs for
nonpoint source pollution control. The U.S. Environmental Protection Agency approves
all state management programs and provides grants to support program implementation.
The Georgia Section 319 Program, administered by the Environmental Protection
Division, focuses on education and demonstration projects for agricultural, silvicultural,
and metropolitan areas.

Section 402 of the Clean Water Act specifies that point source dischargers must
obtain a National Pollution Discharge Elimination System (NPDES) permit before they
can discharge pollutants into water. The permit sets limits on how much of each
particular pollutant can be discharged. NPDES permits do not eliminate discharges;
rather, they regulate how much pollution can be discharged. The permit holder must
monitor discharges and report the results to the Environmental Protection Agency (EPA)
and to the Environmental Protection Division of the Georgia Department of Natural
Resources. Water quality standards are set by each state for each water body and for each
type of pollutant.

The filling of wetlands is also regulated under the Clean Water Act. Under
Section 404, the Army Corps of Engineers is authorized to grant permits to applicants
that want to fill or dredge wetlands. Section 404(e)(1) provides authority to the U.S.
Army Corps of Engineers to issue general permits for any category of activities that are
similar in nature and result in no more than minimal adverse effects to waters of the
United States, either individually or cumulatively. Some of these permits are known as
State Programmatic General Permits, which operate in conjunction with a state or local
regulatory program (e.g., the Georgia Water Quality Control Act) that protects the aquatic
environment in a manner equivalent to the Clean Water Act. These State Programmatic
General Permits reduce unnecessary duplication of effort and allow the Corps to focus its
resources on other activities. The Georgia Coastal Resources Division has established a
Memorandum of Agreement to administer the State General Programmatic Permit for

< Part II - 129 >

CHAPTER FIVE

recreational docks in the coastal area. The review process for this permit is similar to the
review process for the Revocable License, thus the delegation of this authority to the
Coastal Resources Division has helped to simplify permit processes.

Georgia is provided with review authority under Section 401 of the Clean Water
Act. The 401 Water Quality Certification Program authorizes states to review federal
licenses and permits that may result in a discharge to the navigable waters of the United
States. Wetland areas, in addition to lakes, streams, rivers, and oceans are considered
navigable waters. This authority provides a review of any federally-permitted activity
that results in a discharge to navigable waters of the U.S. (e.g. National Pollutant
Discharge Elimination System permits and 404 Dredge and Fill permiits). This4
certification program is administered by the Georgia Environmental Protection Division
in cooperation and coordination with the Coastal Resources Division in the eleven-county
coastal area to ensure consistency with the policies of the Georgia Coastal Management
Program.

Coastal Barrier Resources Act (1982) and the Coastal Barrier Improvement Act (1990)
The Coastal Barrier Resources Act and the Coastal Barrier Improvement Act
prohibit most federal expenditures and financial assistance within undeveloped coastal
barriers that are designated units of the Coastal Barrier Resource System. Georgia has
Coastal Barrier Resource Units on Little Tybee Island, Little St. Simons Island, Sea
Island, Little Cumberland Island, and Cumberland Island.

Coastal Zone Management Act
The Coastal Zone Management Act (CZMA) (I16 U. S.C. � 145 1, et seq.) was
passed in 1972 to manage and protect the habitats, resources, and scenic and recreational
qualities of the areas along the country's coasts. Administered by the Department of
Commerce, National Oceanic and Atmospheric Administration (NOAA), the CZMA
encourages states to set up voluntary programs to manage their coastal zones in a
comprehensive manner. NOAA provides federal grants, that are matched by state funds,
to develop and implement coastal management programs. Management programs must
include defined boundaries, defined land uses, an inventory of areas of particular concern,
the legal authorities under state law to carry out the program, the structure of the state
agency or agencies that will carry out the program, a planning process for protection of
and access to public beaches and other coastal areas, a planning process for energy
facilities, and a means of controlling beach erosion. It also requires that states coordinate
their program with other states.

The 1990 amendments to the CZMA require that states with approved coastal
zone management programs, as well as states that submit such programs for approval,

< PartiUl- 130 >

POLICIES AND MANAGEMENT AUTHOR/TIES

develop programs to manage nonpoint sources of water pollution. NOAA and EPA
provide technical assistance to develop these programs. The CZMA also established the
National Estuarine Research Reserve System, which consists of representative estuarine
ecosystems that are managed for long-term research and public education.

Endangered Species Act, and the Standard Manatee Conditions
The Endangered Species Preservation Act of 1966 (Pub. L. 89-669, 80 Stat. 926
(1966)) authorizes the Secretary of the Interior to make a list of endangered species and to
acquire land to protect those species. The Act was amended in 1969 to allow the
Secretary to list species that are threatened with extinction and to include listings of
animals throughout the world. It has been amended many times since, but it still provides
a means of identifying species that need protection, methods to provide for consideration
of listed species prior to any federal action that may affect them, and a way to punish
those who harm listed species. The majority of the Endangered Species Act is
implemented by the Department of the Interior through the U.S. Fish and Wildlife
Service. Marine species are handled by the National Marine Fisheries Service.

One technique for managing species on the list is to develop species-specific
management plans. These plans often involve interagency cooperation in their
development and implementation. The "Recovery Plan for the Loggerhead Turtle" is an
example of a management plan developed by the U.S. Fish and Wildlife Service, the
National Marine Fisheries Service, and the Georgia Department of Natural Resources.

Under Section 7 of the Endangered Species Act, every federal agency, in
consultation with the U.S. Fish and Wildlife Service or the National Marine Fisheries
Service as appropriate, must ensure that any action it authorizes, funds, or carries out, in
the United States or upon the high seas, is not likely to jeopardize the continued existence
of any listed species or result in the destruction or adverse modification of critical habitat.
Through the Georgia Coastal Management Program, the Coastal Resources Division and
the U.S. Fish and Wildlife Service cooperate to conduct Section 7 evaluations on
activities as required.

Under Section 10 of the Endangered Species Act, any state that issues permits has
responsibility for specifying conditions within the permit that will ensure the protection
of endangered species. Under these federal requirements and through the Coastal
Marshlands Protection Committee and the Shore Protection Committee, permits for
marinas, community docks, and other activities within the jurisdiction of the committees,
can require provisions to prevent harm to species listed on the Federal Endangered

< Part II- 131 >

CHAPTER FIVE

Species List. In addition, Section 401 Water Quality Certifications require that impacts to
endangered species be avoided.

The "Standard Manatee Conditions" are promulgated under the authority of the
Endangered Species Act. The Conditions describe procedures for construction activities
such as: posting notices; educating construction site workers about criminal penalties
associated with violation of the Act; installing siltation barriers; and, "no wake/idle
speed" policies for boats operating in the known vicinity of manatees. The Conditions
also provide telephone numbers to report collisions with manatees and size and posting
requirements for manatee warning signs.

Intermodal Surface Transportation Efficiency Act of 1991
The Intermodal Surface Transportation Efficiency Act (ISTEA, pronounced "Ice
Tea") was enacted in 1991 to provide more flexible funding guidelines to states. Part of
the U.S. Department of Transportation laws, it allows state and local agencies to best
achieve local, regional, and national transportation needs in a more coordinated, efficient
fashion. ISTEA significantly enhanced the role of local governments in the transportation
planning process. The Act allows local and state transportation agencies to direct funding
into projects they deem important, including: constructing alternative transportation
corridors such as bikeways, contributing funds to wetland conservation, mitigation
efforts, and wetland mitigation banks.

Magnuson-Stevens Fishery Conservation and Management Act
The Magnuson-Stevens Fishery Conservation and Management Act (Magnuson Act) (16
U.S.C. 1801, et seq.) empowers the federal government to regulate fishing from three
miles offshore (nine miles off the Florida Gulf Coast and off Texas) out to 200 miles.
This area is sometimes referred to as federal waters or the "Exclusive Economic Zone"
(EEZ). In addition to conserving fishery resources, one of the main purposes of the Act
was to eliminate foreign fishing while developing the U.S. fishing industry.

The Magnuson Act created eight regional fishery management councils that are
overseen by the Secretary of Commerce. Each council develops fishery management
plans for the stocks in their geographical regions. Georgia is a member of the South
Atlantic Fishery Management Council, headquartered in Charleston, South Carolina.

Marine Mammal Protection Act
The Marine Mammal Protection Act (MMPA) (16 U.S.C. � 1361, et seq.) was
enacted in response to the public's outcry over the deaths and decline of whales, dolphins,
baby harp seals, sea otters, and other species of marine mammals. Enforcement authority
is split between the Fish and Wildlife Service and the National Marine Fisheries Service.

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POLICIES AND MANAGEMENT AUTHORITIES

The Marine Mammal Commission provides oversight over both agencies' actions. The
MMPA establishes a moratorium on the taking and importing of marine mammals.
Activities within Georgia that may be subject to the MMPA include fishing, construction,
or other activities that may impact dolphins, manatees, right whales, or other marine
mammals.

Migratory Bird Treaty Act
The Migratory Bird Treaty Act (MBTA) (16 U.S.C. � 703-712) establishes
treaties with Canada, Mexico, Great Britain, Japan, and the Soviet Union for the
protection of migratory birds. The MBTA is implemented by the U.S. Fish and Wildlife
Service. The treaties were designed to deal with migratory game birds, but have been
amended several times to cover a variety of migratory bird species. The MBTA is used to
set hunting seasons for migratory ducks, prohibit the use of lead shot for duck hunting,
and establish bird deaths from application of pesticides as a crime. Hunting for migratory
birds requires a federal Migratory Bird Stamp affixed to a Georgia hunting license.

National Environmental Policy Act
The purpose of the National Environmental Policy Act (NEPA) (42 U.S.C. �
4321, et seq.) is to require all federal agencies and federally funded projects to consider
the environmental consequences of major federal actions. The Act is directed at federal
agencies, not at states or local governments or individuals. NEPA requires the
completion of an Environmental Impact Statement (EIS) to describe the potential for
environmental impact of the proposed project; it does not, however, require the
government to take the most environmentally correct action. NEPA also requires that an
Environmental Assessment (EA) be performed on every federal project to determine
whether an EIS is necessary. If, as a result of the EA, the agency proposing the project
determines that there is no significant environmental impact, the agency can issue a
Finding of No Significant Environmental Impact (FONSI) and continue with the project
without an EIS.

National Fishing Enhancement Act
The National Fishing Enhancement Act (33 U.S.C. 2103, et seq.) recognizes the
importance of artificial reefs, and establishes the states as lead regulatory agencies in the
development of artificial reefs. The Act also calls for a national artificial reef
development plan to provide guidance to the states.

National Flood Insurance Program
The National Flood Insurance Program is administered through the Federal
Insurance Administration, which is a division within the Federal Emergency Management
Agency (FEMA). The National Flood Insurance Program sets standards for construction

<PartII- 133 >

CHAPTER FIVE

in flood prone areas. In such areas, in order to obtain the flood insurance required by
most banks and mortgage companies for a property loan, the owner must comply with the
building standards of the National Flood Insurance Program. These building practices
have been adopted through local building ordinances by most communities throughout
the country.

National Food Securities Act
The National Food Securities Act regulates agricultural activities in highly
erodible areas and requires approved conservation plans in certain circumstances. The
Act also prohibits clearing and draining of wetlands for agricultural purposes. The
provisions of the Food Securities Act are administered by the United States Department
of Agriculture Natural Resource Conservation Service and Agricultural Stabilization and
Conservation Service. The Georgia Coastal Resources Division coordinates with these
agencies to ensure compliance with the policies of the Georgia Coastal Management
Program.

Animal feedlot operations, animal waste disposal, application of agricultural
chemicals, and other agricultural practices are regulated under the Federal Clean Water
Act, as amended. Discharges of any agricultural pollutant requires a permit relative to
provisions of the National Pollutant Discharge Elimination System (NPDES). The
Georgia Environmental Protection Division is authorized by the United States
Environmental Protection Agency to carry out the purposes and requirements of the
Federal Clean Water Act including the issue of NPDES permits and Section 401
certifications. The Georgia Environmental Protection Division is also the State agency
responsible for regulation relative to the Georgia Water Quality Control Act,
Groundwater Use Act, and Hazardous Waste Management Act.

In addition to the direct permitting and compliance responsibilities of the Georgia
Environmental Protection Division, the Division has entered into a Memorandum of
Agreement with the Georgia Soil and Water Conservation Commission and the United
States Department of Agriculture, Natural Resource Conservation Service to permit waste
disposal systems for animal confinement operations. The Memorandum of Agreement
between the Coastal Resources Division and the Environmental Protection Division
ensures cooperation and coordination to achieve Coastal Management Program goals for
such permits.

National Historic Preservation Act
The 1966 National Historic Preservation Act, as amended, (NHPA) provides the
framework for historic preservation in this country. The NHPA provides for the National
Register of Historic Places to identify and evaluate significant historic properties; requires
the designation of a State Historic Preservation Officer to carry out the historic

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POLICIES AND MANAGEMENT AUTHORITIES

preservation program in each state; authorizes Certified Local Governments to participate
in federal and state programs; provides matching grants-in-aid to states; and, establishes
the environmental review process that mandates the consideration of impacts of federally
funded or licensed projects on historic properties.

The Historic Preservation Division of the Georgia Department of Natural
Resources serves as the State Historical Preservation Office. The Division works with
local communities to preserve the historical, architectural, and archeological resources of
the State of Georgia.

Resource Conservation and Recovery Act
The Resource Conservation and Recovery Act (RCRA) (42 U.S.C. � 6972, et
seq.) is part of the Solid Waste Disposal Act (42 U.S.C. � 6901, et seq.). RCRA is
designed to regulate hazardous wastes by identifying and tracking them, in what has
become known as the "cradle to grave" handling of these materials. Any industry or
business that generates, stores, transports, or disposes of hazardous waste, as defined by
the Act, is subject to the requirements of the Solid Waste Disposal Act and the
implementing regulations. RCRA does not reduce hazardous waste, it merely acts to
track it.

Rivers and Harbors Act of 1899
The Rivers and Harbors Act of 1899 (33 U.S.C. � 403, et seq.) provides laws
governing safe navigation of the nation's rivers and harbors. Under Section 10 of the
Rivers and Harbors Act, a developer or landowner may need to apply for an Obstruction
and Alteration Permit from the U.S. Army Corps of Engineers. This section prohibits the
"creation of any obstruction not affirmatively authorized by Congress, to the navigable
capacity of any of the waters of the United States..." Generally, the Rivers and Harbors
Act requires that a landowner secure a Section permit from the Corps before building any
wharf, pier, or other structure in any water of the United States outside established harbor
lines.

Construction of docks, piers, wharves, marinas, etc., must comply with these
federal requirements. Through the federal consistency provisions of the Georgia Coastal
Management Program, permits for marinas, docks, piers, and other structures must
comply with the rules and regulations implementing the Shore Protection Act, the Coastal
Marshlands Protection Act, the Revocable License Program, and the Section 401 Water
Quality Certification.

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CHAPTER FIVE

SECTION VII:
FEDERAL PROGRAMS

At the federal level, several programs assist with the protection of Georgia's coastal
resources. As non-regulatory programs, they seek to develop state-federal partnerships to
achieve their goals.

Federal Aid in Sportfish Restoration Act
Popularly referred to as the Dingell-Johnson Act, this Act (16 U.S.C. 777, et seq.)
created the Federal Aid in Sportfish Restoration Program. Part of the U.S. Fish and
Wildlife Service's Federal Aid program, the program was created to strengthen the ability
of the state and territorial fish and wildlife agencies to manage and restore fish and
wildlife resources to meet effectively the consumptive and non-consumptive needs of the
public for these resources. In 1984, the program was supplemented by the Wallop-
Breaux amendments. This program provides an important source of funds for
management of coastal fisheries resources in Georgia.

National Shellfish Sanitation Program
The National Shellfish Sanitation Program (NSSP), administered by the U.S.
Public Health Service, was established as a result of concern about health risks associated
with contaminated shellfish. The NSSP is dependent on the states adopting the
recommended requirements and on the cooperative and voluntary efforts of state
regulatory agencies and the shellfish industry. The NSSP is implemented in Georgia by
the Coastal Resources Division. The regulations governing taking shellfish in Georgia
waters are found at O.C.G.A. 27-4-190, et seq. Shellfish areas throughout the State are
delineated and monitored by the Coastal Resources Division for contamination by sewage
effluent and other pollutants. Siting of sewage outfalls must consider the potential
impacts to shellfish areas. The NSSP manual sets rules for protecting water quality of
shellfish harvesting areas. Through the implementation of these rules, limitations are
placed on certain activities in or near shellfish harvest areas. Testing and classification of
shellfish waters is conducted by the Coastal Resources Division. Enforcement of
statutory provisions is the responsibility of the Law Enforcement Section of the
Department of Natural Resources.

Partners for Wildlife Program
The Partners for Wildlife Program is designed to implement sound natural
resource management on private lands. It is administered by the U.S. Fish and Wildlife
Service in concert with the various state resource management agencies. The Program
provides technical assistance to private landowners, assists the U.S. Department of
Agriculture in implementing conservation programs, and cooperates with other state and
local agencies to protect natural habitats.

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USES SUBJECT TO MANAGEMENT

... we can never know how wide a circle of disturbance we produce in the harmonies of
nature when we throw the smallest pebble into the ocean of organic life.
George Perkins Marsh

USES SUBJECT TO MANVAGEMENT

SECTION I:
CONSIDERATION OF TILE NATIONAL INTEREST

A. Introduction

As lead agency for the Georgia Coastal Management Program, the Coastal Resources
Division recognizes that there is considerable national interest in the effective management,
beneficial use, protection, and development of the coastal area in Georgia, and in all coastal
states. The coastal area is rich in a variety of natural, commercial, recreational, ecological,
industrial, and aesthetic resources of immediate and potential value to the present and future
well-being of the nation. Consideration of the national interest must therefore balance the
provision of facilities that support national concerns and the protection of coastal resources, also
a national concern. Where the national interest of facilities and resource conservation conflict,
resolution is achieved through the resource policies, rules, and regulations applicable to the
specific facility or associated activity. Identification of facilities and coastal resources that are in
the national interest is guided by federal laws and regulations, executive policy statements,
federal agency studies and reports, and consultations with federal agencies. Refer to Chapter
Four, Section V for a description of federal agency cooperation during the program development
process.

The following concerns are considered by the State of Georgia to be of such long-range,
comprehensive importance as to be in the national interest: (1) National Defense; (2) Energy
Production and Transmission; (3) Transportation, Ports, and Navigation; and (4) Coastal
Resources (significant fish/shellfishlcrustacean species and habitats; threatened wildlife habitats;
public recreation areas; freshwater aquifers; historic, cultural, and archeological sites; barrier
islands; and wetlands).

Consideration of national interest in program implementation is achieved by the review,
certification, and permitting process conducted by the Coastal Resources Division. Applications
for facilities or activities in areas under direct permitting jurisdiction of the Coastal Resources
Division are placed on public notice and made available to federal agencies. Review of these
applications considers the national interest as reflected in the regulations and policies, and also
considers comments from the public and from federal agencies involved in making a decision on
the permit application. Consideration of the national interest may also be requested of the
Georgia Department of Natural Resources Board by federal agencies at any time. Such
deliberation may result in changes or additions to regulations or policies. Other agencies
reviewing permit applications for the coastal area also consider the national interest in their
review process.

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CHAPTER SIX

B. Management for Facilities and Resources in the National Interest

1. National Defense

All of the policies of the Georgia Coastal Management Program apply to national defense
facilities if such facilities are not on federal lands, which are excluded from the coastal area. The
policies of particular interest for national defense are those regulating transportation (ports, roads
and highways, airports, railways), public services and facilities (e.g., water supply), and areas of
special concern (e.g., navigation channels).

2. Energy Production and Transmission

Energy facilities and activities considered to be in the national interest include electric
generating plants, petroleum refineries and associated facilities, gasification plants, facilities
associated with liquified natural gas, uranium enrichment or nuclear fuel processing facilities,
and oil and gas facilities. Agencies within the Georgia Coastal Management Program network
consider the national interest in energy production and transmission when they plan for energy
facilities located in or affecting the coastal area. This planning process includes anticipating and
managing the impacts from such facilities. See Section IV, "Energy Facility Planning," later in
this chapter for a more complete explanation of the planning process.

3. Transp~ortation. Ports, and Navigation

The vital importance of transportation, ports, and navigation channels has been stressed in
the Program Document. These facilities serve national defense and economic needs, among
others. Nothing in Georgia's Coastal Management Program arbitrarily restricts or unnecessarily
interferes with these important activities. The policies for transportation and dredging provide
consideration of the national interest in these activities.

4. Coastal Resources

a. Significant Fish Species and Habitat

The policies for Recreation and Tourism, Marine Related Facilities, Fisheries and
Wildlife, and Areas of Special Concern sections of the Coastal Management Program document
describe significant fish species and habitats in coastal Georgia. Policies, in conjunction with the
priorities for use of Special Management Areas, govern the activities that affect threatened
wildlife and their habitats.

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USES SUBJECT TO MANAGEMENT

b. Threatened Wildlife Habitats

Of particular interest are policies for: Residential and Commercial Development;
Transportation Facilities; Recreation and Tourism; Fisheries and Wildlife; Public Services and
Facilities; and Areas of Special Concern. As specific policies under these and other areas
indicate, activities that disturb threatened or endangered wildlife and vegetation, including their
habitats, are discouraged in the coastal area.

c. Public Recreation Facilities

In addition to their particular management plans, several policies governing activities
associated with recreational resources are also applicable to Special Management Areas that
contain public recreation facilities. Of particular interest are policies for: Recreation and
Tourism; Marine Related Facilities; Transportation Facilities; and Public Services and Facilities.

d. Freshwater Aquifers

Drinking water supply is affected by several factors, including adequacy of recharge
areas, amount of extraction from supply, and purity of supply. The policies in general seek to
direct activities in the coastal area in such a way as to protect this invaluable resource. Of
particular interest are policies for the following: Residential and Commercial Development,
Public Services and Facilities, and Areas of Special Concern. The Areas of Special Concern
section has a special segment dedicated to aquifer management and protection.

e. Historic, Cultural, and Archeological Sites

Historic, cultural, and archeological sites are included as Special Management Areas if
designated in the National Register, and may be included if they are eligible for designation.
Priorities of use for these areas govern proposed activities that might affect these resources. The
policies generally discourage activities that would disturb such resources. Of particular interest
are policies for: Transportation Facilities; Residential and Commercial Development; Recreation
and Tourism; and Areas of Special Concern. These policies aid in preserving those resources in
which there is a national interest. Chapter Seven includes findings and specific policies on areas
of historic, archaeological, cultural, and paleoentological significance.

fBarrier Islands

The national interest in barrier islands is reflected in several policies. In managing
activities that affect these valuable natural resources, there must be a balance between ecological

< Part 11 - 141 >

CHAPTER SIX

needs and increasing development pressures. The following use categories contain policies that
pertain to the protection of the national interest in these resources: Residential and Commnercial
Development; Transportation Facilities; Recreation and Tourism; Marine Related Facilities;
Public Services and Facilities; and Areas of Special Concern. In addition, where Special
Management Area designations exist on a barrier island, the island will be managed according to
the specific priorities of use for that area. There is a separate findings and policy section on
barrier islands in the "Areas of Special Concern" section.

g. Wetlands

The national interest in wetlands is reflected throughout all of the policies, which provide
strong protection against unwarranted dredging, filling or other alteration of coastal and
freshwater wetlands. Specific policies on wetlands are included in sections on Residential and
Commercial Development; Agriculture and Silviculture; Recreation and Tourism; and Marine
Related Facilities in this Chapter, and Wetlands in Chapter Seven.

< Part 11 - 142 >

USES SUBJECT TO MANAGEMENT

SECTION II:

ACTIVITIES OF REGIONAL BENEFIT

To provide a fair and equitable management program, Georgia Coastal Management
Program policies must ensure that local land and water regulations do not unreasonably restrict or
exclude land or water uses of regional benefit. The first step in satisfying this requirement is
identifying those uses considered to be of regional benefit. Activities are considered to be of
regional benefit in the Georgia coastal area if (1) they have been identified as activities subject to
management, that is, those determined to have reasonably foreseeable effects upon land use,
water use, or natural resources of the coastal area; and (2) they result in a multi-county
environmental, economic, social, or cultural benefit.

The focus is on those coastal land and water uses that, by their nature, would require
extension through more than one county or which meet a clearly recognized need, not only for
the coastal region but for the State as a whole. Most public services in the Georgia coastal area
are provided on a county-wide basis. Local and county governments in the coastal area have not
exhibited any trend toward excluding activities that offer benefits to an area of greater than local
concern. The following is a list of uses that affect or produce some regional benefit in coastal
Georgia.

(1) Major transportation facilities such as interstate highways, state roads, airports,
railroads, public transit systems, ports, and important navigational projects;
(2) Public recreation facilities of a regional or statewide significance;
(3) Regional water and waste treatment facilities;
(4) Regional waste disposal facilities;
(5) Major energy transmission or generating facilities;
(6) Major public facilities such as multi-purpose reservoirs, state and federal prisons,
hospitals, and universities;
(7) Housing development and community growth.

The next step in providing for uses of regional benefit is to identify methods to ensure
that local land and water uses do not unreasonably restrict or exclude uses of regional benefit.
Consistent with the networking structure of the Georgia's Coastal Management Program, the
present authority of the Department of Natural Resources and other State agencies is utilized to
comply with requirements for uses of regional benefit. Legal authority found at Official Code of
Georgia Annotated (O.C.G.A.) 22-1-2 establishes the right of the State, through its various
agencies, to assert dominion over any lands of the State on account of public exigency and for the
public good. Therefore, the Georgia Coastal Management Program, through specific acquisition
powers of the Department of Natural Resources and other State agencies, ensures that adequate
sites are or can be set aside for various uses of regional benefit. The legal basis for this system is

< Partil1- 143 >

CHAPTER SIX

in place through the present powers vested in State agencies to acquire sites as the need arises for
particular uses of regional benefit.

Another method available to ensure that local land and water uses do not unreasonably
restrict or exclude uses of regional benefit is described by the Georgia Planning Act. This Act
encourages municipal and county governments to develop comprehensive plans that address
economic development, natural and historic resources, community facilities, housing, and land
use to attain designation as a "qualified local government" eligible to receive State grants. The
Georgia Planning Act establishes Regional Development Centers throughout the State that are
responsible for developing regional plans based on the local plans within their respective region.
Under the Act, local governments submit for review to their respective Regional Development
Centers any proposed action that would affect regionally important resources or would result in
any development of regional impact.

Regionally Important Resources (RIRs) are defined by Georgia Planning Act rules and
procedures as: "a natural or historic resource which has natural boundaries extending beyond a
single government's jurisdiction or has value to a broader public constituency and which is
vulnerable to the actions and activities of man." These projects are referred to as developments
of regional impact and include post secondary schools, hospitals, airports, recreational facilities,
waste disposal facilities, petroleum storage facilities, and any project that exceeds prescribed
demand levels for electricity, natural gas, water, wastewater treatment, or transportation. The
Georgia Department of Community Affairs has the authority to "establish rules and procedures
which would, based upon guidelines which the Department may establish, affect regionally
important resources or further any development of regional impact (O.C.G.A. 50-8-7.1)."

As directed by law, the Department of Community Affairs has developed "Procedures for
the Designation and Review of Regionally Important Resources." These procedures are designed
so that each resource identified as a potential RIR is assessed in terms of its value and
vulnerability and assigned a strategy for its management and conservation or protection. A
uniform review process for local government actions affecting RIRs across the State is also
described. As part of the comprehensive planning process the Regional Development Centers
and local and county governments are required to consider all pertinent RIRs in their regional and
local plans in the same manner as they consider the basic planning elements. Through the
Georgia Coastal Management Program, the Coastal Resources Division works closely with the
appropriate Regional Development Centers of the coastal area to review proposals for RIRs, to
help develop management strategies, and to work with local governments during planning for
areas that may have an impact on any RIRs. A Memorandum of Agreement between the Coastal
Resources Division, the Department of Community Affairs, and the Regional Development
Centers within the coastal area establishes the cooperative processes to review local proposals
affecting RIRs.

< Part Il - 144>

USES SUBJECT TO MANAGEMENT

SECTION III:
ACTIVITIES SUBJECT TO MANAGEMENT

The Georgia Coastal Management Program includes policies for managing the full range
of activities that have reasonably foreseeable effects upon land use, water use, or natural
resources of the coastal area. Most of these activities occur within the jurisdictions of the Shore
Protection Act, the Coastal Marshlands Protection Act, and/or the Revocable License, which are
administered by the Coastal Resources Division.

Georgia Coastal Management Program policies address the impacts of an activity on
coastal resources rather than the activity itself. Assessing the impacts of a proposed action
represents a more flexible method of managing activities in the coastal area. With this approach,
policies need not be developed for every aspect of a given activity, but only for those aspects that
have a reasonably foreseeable effect upon land use, water use, or natural resources of the coastal
area. This approach is consistent with Georgia's existing home-rule constitutional authority,
which vests land development and use decisions with local governments.

Specific areas of the coastal environment are more vulnerable to the effects of human
activities than others. Environmentally-sensitive areas of Georgia's coast include the beaches,
dynamic dune fields, submerged shoreline lands, salt marshlands, all tidally-influenced waters,
tidal water bottoms, and freshwater wetlands. Through the Shore Protection Committee and the
Coastal Marshlands Protection Committee, the Coastal Resources Division has direct authority to
issue permits for any alteration of these areas under the Shore Protection Act and the Coastal
Marshlands Protection Act. The Coastal Resources Division has further authority through the
Revocable License and the State Programmatic General Permit for Recreational Docks.

Outside the direct authority of the Coastal Resources Division, within the coastal area,
there are other activities or aspects of human development that may significantly impact coastal
resources. Through Memoranda of Agreement, the Coastal Resources Division cooperates with
other State authorities to create the Georgia Coastal Management Program network. The federal
consistency provisions of the federal Coastal Zone Management Act provide another mechanism
for coastal management; these provisions are described in Chapter Eight.

Identification of the activities that have a reasonably foreseeable effect upon land use,
water use, or natural resources of the coastal area is based upon information compiled by the
Coastal Management Program staff; input from local, State, and federal agencies; citizen
working groups; and public input received through the Coastal Zone Advisory Committee and

< Part 11 - 145 >

CHAPTER SIX

Task Forces, and the subsequent Coastal Advisory Committee. An activity is considered to have
reasonably foreseeable effects on coastal resources and therefore is subject to management under
State law if it entails one or more of the following criteria.

(1) It is located within the jurisdiction of the Shore Protection Act, Coastal
Marshlands Protection Act, the Revocable License, or the Section 401 Water
Quality Certification;
(2) It has detrimental environmental impact upon any area within the jurisdiction of
the Shore Protection Act, Coastal Marshlands Protection Act, the Revocable
License, or the Section 401 Water Quality Certification (for example, water
pollution from an inland source that would reach the coast and result in
degradation of the estuarine system);
(3) It creates adverse effects on the quality or quantity of coastal resources -- natural,
economic, social or historical; and/or
(4) It disrupts access to a public coastal resource.

Coastal activities that have a reasonably foreseeable effect on coastal resources are
addressed by Georgia Coastal Management Program policies in the following categories: (1)
Development and Manufacturing; (2) Transportation Facilities; (3) Agriculture and Silviculture;
(4) Recreation and Tourism; (5) Marine Related Facilities; (6) Fisheries and Wildlife; (7) Public
Services and Facilities; (8) Dredging; and (9) Energy Facilities.

< Part il 146 >

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A. Development and Manufacturing

Findings

Residential Development

Paralleling national growth trends, residential growth within Georgia's coastal area is
expected to increase steadily due to expanding industry and commerce and related employment
opportunities, as well as the public's affinity for living near the seashore. Adequate housing that
meets building standards and is appropriately located is a basic need for coastal residents. There
remain many suitable locations for residential development within coastal Georgia; if residential
growth is not properly managed, however, there may be negative environmental impacts.

Housing projects can have adverse effects on coastal water resources and ecosystems. Of
primary concern is adequate treatment and disposal of domestic sewage from residences, which
can degrade water quality and impact marine and aquatic species if mishandled. This issue may
be especially problematic in existing homes and communities that may have been built prior to
modemn building codes. Uncontrolled development patterns can also increase soil erosion,
sedimentation and contamination of coastal waters, and cause flooding problems from rapid
storm water runoff. Another potential impact of residential growth is the loss of vital wetland
areas if dredging and/or filling of these areas is allowed in site preparation or construction.
(Refer to Chapter Seven, Section 111, Part G for a discussion of the importance of wetlands.)
Although wetland loss can be mitigated, scientific opinion is inconclusive regarding whether or
not the mitigated site replaces the natural site in function and value.

Many potential resource conflicts exist. For example, a residential development may
provide needed housing but at the same time disrupt commercial fishing by degrading water
quality with improperly-controlled sewage effluent and increased storm water runoff. This same
housing development, if located on beach-front property, could conflict with recreation by
restricting access to a public beach. In addition, residential development in hazard-prone areas
may risk life and property and could constitute a potential resource conflict.

For effective coastal management, a sustainable balance must be found between
residential development and coastal resource conservation.

Commercial and Industrial Development

The increasing number of commercial activities in the coastal area is an integral part of
F ~~~growth. As population density increases, the commercial activities associated with residential
and industrial development and coastal recreational activity will expand to serve the needs of

< Partil1- 147 >

CHAPTER SIX

people who live in and visit the coast. The Georgia coast attracts large numbers of visitors each
year, and that portion of commercial activity that supports the tourist trade is a significant aspect
of coastal economy.

When evaluating the impacts associated with commercial activity, both large-scale
development and the cumulative effect of many small activities must be carefully considered.
Commercial development requires not only buildings but also roads, parking lots, storm drain
systems, water treatment facilities, etc., all of which have potential negative impacts. For
example, increased development of sub-standard buildings in flood-prone areas or storm hazard
areas increases the potential for loss of life and property. Disturbance of the natural drainage
system by excessive clearing of vegetation and covering large areas with impermeable surfacing
causes soil erosion, sedimentation, contamination of coastal waters and a lowering of the water
level in freshwater aquifers.

The solution to these and many other potential negative impacts is not to stop
development. Rather, promoting environmentally-conscience construction, site preparation, and
development standards will allow coastal resources to function naturally and regenerate
themselves. In this way, necessary commercial development can take place with minimum
negative effects on coastal resources.

Manufacturing

The growth and development of manufacturing is increasing in coastal Georgia, with
correlating potential for economic benefits. Manufacturing plants are a source of employee
payrolls and property tax revenues. New and existing industries provide a diversified economic
base that complements government employment and the long-standing coastal economic
activities of agriculture, forestry, fishing, and tourism. Coastal areas are especially attractive to
five major types of industrial manufacturing:

(1) Industries that benefit from location near low-cost water transportation systems;
(2) Industries that derive power from water or use water for manufacturing processes
or cooling purposes;
(3) Industries that benefit from location near coastal population centers, but do not
have direct dependence on water use or access;
(4) Marine transportation industries; and
(5) Industries that depend directly on the marine environment for raw materials.

While economic benefits exist, manufacturing activities may, if improperly managed,
create negative impacts. Waste disposal, oil spills, and the escape of toxic material into aquatic
ecosystems are unfortunate by-products of industry that negatively impact the coastal

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environment. In addition to water and air pollution discharges, the possible environmental
impacts of industrial development in the coastal area include the following.

(1) Possible destruction of wetlands and the associated flora and fauna by filling,
dredging, and/or draining for site preparation;
(2) Soil erosion and flood control caused by site preparation, construction of access
roads, and operation of heavy equipment;
(3) Attenuation of the quality and quantity of surface and groundwater resources
caused by site preparation, facility operation, and introduction of pollutants;
(4) Proliferation of secondary development, such as transportation access facilities,
sewage treatment plants or port development; and
(5) Potential air and surface water quality degradation.

Not only do possible conflicts exist between industrial growth and natural systems, but
also between competing industrial activities. Commercial fishing, for example, depends on the
same coastal water resource that is vital to certain manufacturing uses for transportation, cooling,
or effluent discharge. The viability of fishing enterprises may be negatively impacted by a
lowering of water quality caused by manufacturing uses.

The coastal area provides a unique opportunity for water-dependent industrial activities,
as well as residential and recreational potential. Suitable sites for industrial uses are limited,
however, and resources are finite. Competition for use of coastal resources intensifies with
growth and development. Georgia's coastal area still retains many miles of unspoiled coastline
and many acres of productive marshes and forests. Heavy manufacturing is relatively limited in
the coastal area.

Policies

- Coastal Marshlands Protection Act
- Georgia Air Quality Act
- Georgia Comprehensive Solid Waste Management Act
- Georgia Erosion and Sedimentation Act
- Georgia Hazardous Waste Management Act
- Georgia Surface Mining Act
* Georgia Underground Storage Tank Act
- Georgia Water Quality Control Act
- Groundwater Use Act
* Licenses to Dig, Mine, and Remove Phosphate Deposits
- Revocable License Program (Georgia Administrative Procedures Act)
* Shore Protection Act
* Waste Control Law

< Partil - 149 >

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Water Wells Standards Act

Description

The Coastal Marshlands Protection Act protects tidal wetlands by limiting certain
activities and structures in marsh areas, and by requiring permits for other activities and
structures. Any development activity that affects coastal marshlands is subject to restrictions
under this authority. Relevant activities, including erecting structures, dredging, or filling in
marsh areas requires a permit from the Coastal Marshlands Protection Committee. Marsh
Permits are administered by the Coastal Resources Division. Developers requiring a Marsh
Permit are encouraged to take advantage of the technical assistance and preliminary permit
review service provided by the Coastal Resources Division through the Georgia Coastal
Management Program (See Chapter Four).

Development and manufacturing projects which impact air quality are subject to the
Georgia Air Quality Act. This Act provides authority to the Environmental Protection Division
to promulgate rules and regulations necessary to abate or control air pollution. Industries and
manufacturers must follow established ambient air quality standards, emission limitations,
emission control standards, and other measures necessary to provide standards that are no less
stringent than the federal Clean Air Act. The Georgia Air Quality Act also requires:
establishment of a program for the prevention and mitigation of accidental releases of hazardous
air contaminants or air pollutants; training and educational programs to ensure proper operation
of emission control equipment; and standards of construction no less stringent than the federal
Act.

Proper waste management for development and manufacturing sites is detailed in the
Georgia Comprehensive Solid Waste Management Act. Designed to protect human health as
well as historic sites, the law defines rules regarding solid waste disposal and provides for a
public comment process for facility siting. Solid waste facilities on private property are generally
exempt from this law's provisions. Enforcement of this law is delegated to the Environmental
Protection Division. Additional restrictions governing waste management may be in place
through local zoning ordinances.

The Erosion and Sedimentation Act addresses erosion issues from development and other
activities by setting minimum requirements for land-disturbing activities. Permits are required
for specified land disturbing activities including the construction or modification of
manufacturing facilities and construction activities. The Act also mandates that "an undisturbed
natural vegetative buffer of 25 feet measured from the stream banks shall normally be
maintained..." between waters of the State and land-disturbing activities, unless a variance is
granted. The Act is administered and enforced by the Environmental Protection Division. Local
governments may add restrictions to the provisions of the Act.

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Also administered by the Environmental Protection Division, the Georgia Hazardous
Waste Management Act describes a comprehensive, State-wide program for managing hazardous
wastes by regulating the generation, transportation, storage, treatment, and disposal of hazardous
wastes. Hazardous waste is designated by the Board of Natural Resources, and it includes any
waste that the Board concludes is capable of posing a substantial present or future hazard to
human health or the environment when improperly treated, transported, stored, disposed, or
otherwise managed, based on regulations promulgated by the U.S. Environmental Protection
Agency. Any industry or manufacturing operation which promulgates hazardous waste is subject
to this law.

Georgia's Surface Mining Act regulates all surface mining in the State. Licenses to dig,
mine, and remove phosphate deposits specifically regulate the impacts of phosphate mining.

Under the Georgia Underground Storage Tank Act, the Environmental Protection
Division has the authority to define the State criteria for operating, detecting releases, corrective
actions, and enforcing the use of underground storage tanks (USTs). EPD rules governing USTs
(EPD Rules and Regulations, Chapter 39 1-3-15) define the minimum standards and procedures
to protect human health and safety and to protect groundwater from contamination. Any
development or manufacturing activity with USTs must comply with these rules and regulations.

The Georgia Water Quality Control Act was designed to ensure that waters of the State
are used prudently, are maintained or restored to a reasonable degree of purity, and are
maintained in adequate supply. The Environmental Protection Division administers this law and,
through the Board of Natural Resources, sets rules regulating the rivers, streams, lakes, and
I ~ ~~subsurface waters throughout the State for public and private water supply, as well as
agricultural, industrial, and recreational uses. The Division may set rules and regulations
pertaining to water quality and quantity, set permit conditions and effluent limitations, and set
permissible limits of surface water usage for both consumptive and non-consumptive uses. All
development and manufacturing projects are required to comply with this law.

Through the Groundwater Use Act, the Board of Natural Resources has the responsibility
to adopt rules and regulations relating to the conduct, content, and submission of water
* ~~~conservation plans, including water conservation practices, water drilling protocols, and specific
rules for withdrawal and utilization of groundwater. Development and manufacturing projects
utilizing groundwater must comply with this law. Groundwater withdrawals of greater than
100,000 gallons per day require a permit from the Environmental Protection Division. Permit
applications that request an increase in water usage must also submit a water conservation plan
approved by the Director of the Environmental Protection Division.

< Partfl - 151 >

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Through the Revocable License Program, the use of State-owned tidal water bottoms is
protected, Any development or manufacturing project that proposes to use State-owned water
bottoms, including constructing a portion of a facility on a water bottom or dredging tidal
bottoms, must meet certain conditions and obtain a Revocable License. For projects within the
eleven-county coastal area, licenses must be obtained from the Coastal Resources Division.
These licenses may be issued in conjunction with Marsh Permits and/or Shore Permits.

The Shore Protection Act provides legal authority for the protection and management of
Georgia's sand dunes, beaches, sandbars, and shoals by limiting activities in shore areas and
requiring a permit for certain activities and structures. Only temporary structures can be
permitted in dune areas. Permitting authority lies with the Shore Protection Committee and is
administered by Coastal Resources Division.

The Waste Control Law makes it unlawful to dump waste, including but not limited to
sand, gravel, bottles, boxes, tires, construction materials, sludge from wastewater treatment
facilities, biomedical waste, hazardous waste, and other waste. Development and manufacturing
projects must properly dispose of waste in order to comply with this law.

Any development or manufacturing project requiring a well must comply with the Water
Wells Standards Act. This Act provides standards for siting, construction, operation,
maintenance, and abandonment of wells and boreholes. Individual and non-public wells must be
located as far removed from known or potential sources of pollutants as possible. Licensing
requirements for drilling contractors are established by the Act, as well as a State Water Well
Standards Advisory Council.

In addition to the above-mentioned authorities, the Georgia Department of Human
Resources oversees county and district health agencies and sets minimum requirements for local
regulation of sewage management systems. Residential development projects must meet
minimum requirements for septic tanks and sewage systems set by local health agencies.

Another authority important to developers and manufacturers is the Section 401 Water
Quality Certification, as part of the federal Clean Water Act. The Act provides authority to the
states to review federal permits that may result in a discharge to the navigable waters of the
United States. The Environmental Protection Division has authority to administer Section 401
Water Quality Certification. The Coastal Resources Division assists the Environmental
Protection Division in the administration of this authority in the eleven-county coastal area. Any
development or manufacturing project that may result in a discharge to the navigable waters of
the United States must receive a Section 401 Water Quality Certification.

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B. Transportation Facilities

Findings

Georgia's coastline has always been a point of modal interface between one form of
transportation and another. Ports and harbors provide a terminus for both passengers and goods,
generating impetus for waterborne transportation and surface and air links. The construction and
maintenance of all forms of transportation services are a vital part of the economic viability of
the coastal area. Investment in these facilities meets a definite need in coastal Georgia, serving
both coastal and State residents. Transportation facilities serve the national interest due to their
role in national defense; provision of access to coastal recreation areas and other resources; and
contribution to overall economic growth. Transportation systems are important elements in
coastal management because they provide access to a variety of public resources -- economic as
well as historic, social, and recreational. Potential environmental impacts from construction,
maintenance, and operation of transportation systems do, however, exist.

Ports and Commercial Waterways

The ports and commercial waterways of Georgia represent major economic enterprises
that meet the needs of waterborne commerce for both the coastal area and the entire State. Ports
and commercial waterways also have a major national impact by providing a means of access to
international and domestic markets. The Georgia Ports Authority operates two ports along the
coast. One facility, located at Brunswick, consists of four terminals. The other, located at
I ~~~Savannah, consists of two terminals. In addition to the public terminals of the Georgia Ports
Authority, there are approximately fifteen private terminals located in the Savannah area. These
terminals also transfer a wide variety of goods and materials and are an important contributor to
the coastal economy.

It is estimated that the Brunswick terminals generate $543 million in annual revenue,
$124 million in income and $1 8 million in State and local taxes. It is estimated that both public
and private terminals in Savannah generate $6.7 billion dollars in total annual revenue, $1.3
billion in income, and $171 million in State and local taxes.

State Terminals: The economic impact of public port development is substantial.
According to information published by the Georgia Ports Authority, the four public
facilities at the Port of Brunswick cleared more than 1.5 million short tons of cargo in
fiscal year 1994 (July I June 30). Among the products most handled through the
Brunswick facilities were gypsum, potash, wood pulp, petroleum products, and
automobiles. The two Georgia Ports Authority facilities in Savannah cleared more than
7.4 million short tons of cargo during fiscal year 1994 (July I1-June 30). The ports'.

< Partil1- 153 >

CHAPTER SIX

leading agricultural export commodities include wheat, soy beans, corn, and coca beans.
The port also handles dry bulk, liquid bulk, and breakbulk products.

Private Terminals: The fifteen private terminals in the Savannah area clear a
wide variety of products including sugar, petroleum products, fiber products,
gypsum, asphalt, and bulk liquids.

Port development and associated activities can have major direct and secondary
environmental impacts, particularly in relatively undisturbed areas. A primary impact on coastal
water quality is dredging to create and maintain navigation channels. Dredging can modify the
hydrology of a harbor, produce changes in salinity, and degrade water quality through siltation
and resuspension of solids. Lowering water quality may also have a detrimental effect on
dependent plant and animal resources. Dredging may release sediment-based contaminents that
become available to early life forms of fishes and other aquatic life forms. Initial and
maintenance dredging can also create dredge material disposal problems and impact underwater
archeological resources. Further, ports handling petroleum products or toxic substance cargoes
involve risks of spills resulting in water quality degradation. The secondary effects of port
development primarily affect land resources and land use. Ports generate a large volume of rail
and truck traffic and often are a spur to industrial and urban development.

Roads and Highways

Roads and highways are key components in shaping the growth patterns of the coastal
area, as they do in others parts of the State. The motor vehicle is the primary mover of people
angodsunity accessectioans, curom cthe randhgway inetwrchangs arkey ofatoren the economif extensive
comnity Inesetoods, curb acutsst and fotheiroaway interchakges arkey ofatoren the sieconomictennsife
development.

In addition, construction, operation, and maintenance of a roadway involve engineering
and construction activities that may have direct negative environmental impacts if not properly
managed. Of primary concern is the location of the thoroughfare, which may be routed along or
through wetland areas, water bodies, or other sensitive habitats. Especially significant is the
potential for destruction or significant deterioration of ecological systems through dredge and fill
operations. Bridges, rather than roadbeds, are preferred in situations in which filling would result
in loss of marsh or wetland habitat, or disrupt water flow and circulation.

Possible impacts of altering drainage and sedimentation as a result of land clearing,I
grading, and slope stabilization are associated with road and highway construction. Measures
must be taken to eliminate soil erosion or sedimentation of wetlands and other water bodies.
Roadways must be designed to minimize stormnwater runoff from road surfaces and

< Part II- 154 >

USES SUBJECT TO MANA GEMENT

embankments in order to prevent toxic or nutrient loading of adjacent wetlands and other waters.

Air Transport

Air transport is an increasingly important mode for the transportation of passengers and
cargo. Airport facilities are generally of coastal management concern when their construction or
expansion may have significant impacts on coastal resources. In addition to potential direct loss
of natural habitats, including valuable wetlands, the construction and operation of major airport
facilities, if not properly managed, can result in water quality degradation caused by storm water
runoff from paved parking and landing areas or by sedimentation and erosion.

Railways

Railroads are a principal means of transporting industrial, commercial, and agricultural
goods to market in coastal areas of Georgia. Railroads serve as an important supplement to other
transportation modes linking industrial and manufacturing sites to port facilities.

The possible negative environmental effects associated with development of new
railroads are similar to the impacts of roads and highways. Those effects include loss of valuable
wetland habitats if dredge or fill is required; disruption of water flow and circulation if properly
designed bridges or other means to provide circulation are not utilized; and degradation of
adjacent water quality if erosion and storm water runoff and sedimentation are not adequately
controlled during construction and operation. Sound management practices and implementation
of the following policies reduce the potential for these environmental problems when new
railroad corridors are selected and developed.

Policies

- Coastal Marshlands Protection Act
- Endangered Wildlife Act
- Game and Fish Code
- Georgia Erosion and Sedimentation Act
- Georgia Comprehensive Solid Waste Management Act
- Georgia Hazardous Waste Management Act
- Georgia Water Quality Control Act
* Shore Protection Act
- Wildflower Preservation Act

< Partil1- 155 >

CHAPTER SIX

Description

Transportation activities occurring within the jurisdictions of the Coastal Marshlands
Protection Act or the Shore Protection Act require a permit from the Coastal Resources Division
through the Coastal Marshlands Protection Committee or the Shore Protection Committee, and a
Revocable License issued by the Coastal Resources Division. Department of Transportation
activities are exempt from permit requirements of the Coastal Marshlands Protection Act. As a
networked agency, the Georgia Department of Transportation is required by the Georgia Coastal2
Management Act to coordinate its activities within the jurisdiction of the Coastal Management
Program to ensure compliance with the policies of the Program to the maximum extent possible.
Transportation activities that impact the water quality of navigable waters or wetland areas
require a Section 401 Water Quality Certification from the Environmental Protection Division.

Land-disturbing activities are subject to the jurisdiction of the Erosion and Sedimentation
Act. Many transportation activities, however, are exempt from the provisions of this Act.
Construction or maintenance projects undertaken or financed by the Georgia Department of
Transportation, the Georgia Highway Authority, or the Georgia Tollway Authority, or any road
or maintenance project undertaken by any county or municipality, are exempt from the permit
requirements of the Act, provided that such projects conform to the specifications used by the
Georgia Department of Transportation for control of soil erosion. Exemptions are also provided
to land-disturbing activities by any airport authority, provided that activities conform as far as
practicable with the minimum standards set forth in the Act at Code Section 12-7-6. The
Department of Transportation has developed a "Standard Specifications -- Construction of Roads
and Bridges," which described contractor requirements, including controls for sedimentation and
erosion. The specifications describe the requirements for both temporary control measures for
use during the construction phase, and permanent erosion and sedimentation control measures
that need to be incorporated into the design of the project. Failure to comply with the provisions
of the specification will result in cessation of all construction activities by the contractor
according to a schedule of non-performance of erosion control, and enforced by the Department
of Transportation.

Transportation facilities must comply with the regulations developed under the Georgia
Water Quality Control Act. This Act grants the Department of Natural Resources,
Environmental Protection Division the authority to ensure that water uses in the State of Georgia
are used prudently, are maintained or restored to a reasonable degree of purity, and are

maintained in adequate supply. The Division is authorized to create rules and regulationsI
pertaining to water quality and quantity, set permit conditions and effluent limitations, and set
permissible limits of surface water usage for both consumptive and non-consumptive uses. The
authority to regulate the rivers, streams, lakes, wetlands, and subsurface waters throughout the
State for public and private water supply and agricultural, industrial, and recreational uses is

< Partil - 156 >

USES SUBJECT TO MANVAGEMWENT

provided to the Environmental Protection Division. The Act makes it unlawful for any person to
dispose of sewage, industrial wastes, or other wastes, or to withdraw, divert, or impound any
surface waters of the State without a permit.

Transportation facilities must also dispose of their wastes in accordance with State law,
specifically the Georgia Comprehensive Solid Waste Management Act and the Georgia
Hazardous Waste Management Act. The Comprehensive Solid Waste Management Act
regulates solid waste disposal. The Hazardous Waste Management Act describes a
comprehensive, State-wide program for managing hazardous wastes through the regulation of the
generation, transportation, storage, treatment, and disposal of hazardous wastes.

The Wildflower Preservation Act protects plant species that are rare, unusual, or in
danger of extinction. The Endangered Wildlife Act protects animal species that are rare, unusual,
or in danger of extinction. The Game and Fish Code (O.C.G.A. Title 27, Ch. 1) vests ownership
of all wildlife in the State, and declares that custody of the State's wildlife is vested with the
Department of Natural Resources. All transportation facilities on public lands must comply with
the provisions of these Acts. In addition, projects permitted under the authority of the Coastal
Marshlands Protection Act, the Shore Protection Act, or the Revocable License Program require
full compliance with the protection of endangered or protected species. Outside the jurisdiction
of these laws, for areas that are not public lands of Georgia, protection of endangered species is
provided by the federal Endangered Species Act.

Transportation projects that require federal permits are subject to the federal consistency
provisions described in Chapter Eight. Additionally, there are federal requirements for the
transfer of oil and hazardous materials. Federal Coast Guard Rules and Regulations authorize
the Coast Guard to inspect and enforce ship safety and transportation rules. Also, the Coast
Guard has an Inlet Protection Program for Tybee Roads, Tybee Inlet, Sapelo Sound, Wassaw
Sound, Ossabaw Sound, and St. Catherines Sound. This protection program identifies a strategy
for spill containment in the event of an accidental oil spill or discharge.

< Partil1- 157 >

CHAPTER SIX

C. Agriculture and Silviculture

Findings

Agriculture

Georgia has almost eight million acres of farmland classified as "prime," which may be
defined as available land that is best suited for producing food or fiber, i.e., it has the soil quality,
growing season, and moisture supply necessary to produce sustained yields of crops. As is the
case throughout most of the world, this land is also suitable for urban development.
Approximately 25,000 acres of prime farmland are converted annually to nonagricultural uses.
By the year 2000, with continued population and economic growth, as many as 500,000 acres or
6.5% of the State's prime farmland may be lost to nonagricultural uses.

Approximately 7.3 percent of the land in coastal Georgia is in agricultural use. In 1992,
the counties comprising Georgia's coastal area maintained II114 individual farms. Wayne County
contained the most farms (283), while McIntosh contained the fewest (33). The farms in Liberty
County were the largest, with each averaging 318 acres of harvested cropland. The farms in
Brantley County were the smallest, with 230 farms averaging 120 acres each. Between 1987 and
1992, the total number of farms in the coastal area decreased by approximately 2.7%, and the
amount of land devoted to crop harvesting decreased by an average of 10.5%. Only Brantley,
Chatham, and Glynn Counties had an increase in harvestable cropland.

Row crop agriculture is an important activity in Georgia's coastal area, especially in the
second tier of coastal counties. Tobacco is the most important row crop grown in the coastal
area, with nearly five million pounds produced in 1992. Corn, soybeans, peanuts, and cotton are
also important farm commodities of coastal Georgia.

Every county in the coastal area supports commercial cattle ranching activities. In
January, 1993, the coastal counties contained approximately 19,000 head of cattle. Effingham
County led the region with 4,100 head, followed by Wayne County with 3,700 head. Hog
farming is also an important agricultural activity in the coastal area. In December 1992, the
coastal counties produced approximately 17,800 hogs and pigs. Effingham County led the region
in production with 7,700 head, followed by Wayne County with 7,200 head.

Poultry production of both layers and broilers is another important agricultural industry in
coastal Georgia. In 1992, large layer operations existed in Brantley, Bryan, Camden, and
Charlton Counties. Brantley County led production, with approximately 735,000 layers.
Broilers were produced in Charlton, Liberty, and Long Counties. Long County led production,
with approximately 2.8 million broilers.

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Agricultural activities may have significant environmental consequences if not conducted
appropriately. Contamination from agricultural practices may be the cause for certain streams
and waterways to be adversely affected in such a manner that they are unable to support the use
for which they are designated (e.g., recreation, swimming, fishing, etc.). The Georgia Soil and
Water Conservation Commission has developed a series of voluntary Best Management Practices
(BMPs) for agriculture that are designed to protect the quality of Georgia's waters. The term
BMP refers to a practice, or a combination of practices, determined to be the most effective
practical means of preventing or reducing the amount of pollution generated by agricultural (or
silvicultural) nonpoint sources. The BMPs for agriculture encompass such practices as
conservation tillage systems, contour farming and terracing, stripcropping, filter strips, cover
crops and crop rotation, nutrient management, pest management, pasture management,
agricultural waste management, streamside forest buffers, and others.

Silviculture (Forestry)

Silviculture is the practice of applied forest ecology. With its related industries,
silviculture is a major economic activity in coastal Georgia. The State's climate and soils favor
southern pines, which grow to pulpwood size in only 15 years and to saw timber size in about
thirty years. Georgia has approximately 24 million acres of commercial forest land, more than
any other state. In recent years, farmer-owned timberland has decreased and the amount leased
or owned by the forest industry has increased. In the eleven counties that make up Georgia's
coastal area, commercial forests cover over 2.5 million acres or 76.4% of the land area. Forest
industry companies hold ownership to 44.7% of the commercial forests in the coastal area.
Concurrently, timber processing industries have benefitted from coastal Georgia's excellent
transportation availability and large supplies of high quality groundwater. The 1993 average
annual total income from timber, including sawtimber and pulpwood, was $110.5 million.

If not properly conducted, silvicultural activities may have significant environmental
consequences, primarily from disruption of hydrologic systems. Logging in coastal watersheds
has the potential to disrupt delicate coastal ecosystems. Increased erosion of soil and nutrients
resulting from tree removal may accelerate sedimentation and reduce water quality. The
processing of forest products also may cause environmental damage if proper controls are not
observed for air and water effluent discharges.

As a result of the 1972 Federal Water Pollution Control Act, as amended, a forestry
technical task force was appointed by the governor to develop Best Management Practices
(BMPs). BMPs for forestry are common sense practices to reduce or minimize road
construction, harvesting, site preparation, and regeneration impacts on water quality from erosion
and sedimentation. After developing BMPs in 1981, the task force recommended that the BMPs

< Part II - 159 >

CHAPTER SIX

be implemented through a voluntary nonregulatory program exempt from permitting under the
Georgia Erosion and Sedimentation Act. This recommendation was adopted. Water quality
violations, however, are enforceable under the Georgia Water Quality Control Act.

The Georgia Forestry Commission was designated by the Georgia Environmental
Protection Division as the lead agency in BMP education for the forestry community. On behalf
of the Division, through annual contracts, the Commission also investigates and mediates
complaints involving forestry practices.

Policies

� Coastal Marshlands Protection Act
� Georgia Erosion and Sedimentation Act
� Georgia Water Quality Control Act
� Georgia Forestry Code
* Mountain and River Corridor Protection Act

Description

The Coastal Marshlands Protection Act limits certain activities and structures in tidal
wetlands, and requires permits for other activities and structures. Any agricultural or silvicultural
activity that directly alters lands within the jurisdictional areas of the Coastal Marshlands
Protection Act must be permitted by the Department of Natural Resources Coastal Resources
Division, through the Coastal Marshlands Protection Committee.

The Erosion and Sedimentation Act regulates land-disturbing activities. Among other
provisions, the Act requires that local governments establish regulations for land-disturbing
activities, and that no land-disturbing activities be conducted within 25 feet of the banks of State
waters unless a variance is granted by the Director of the Environmental Protection Division.
Agricultural practices, forestry land management practices, dairy operations, livestock and
poultry management practices, construction of farm buildings, and any projects carried out under
the technical supervision of the U.S. Department of Agriculture Natural Resource Conservation
Service are exempt from this Act. Forestry and agricultural land-disturbing activities are subject
to the Best Management Practices of the Georgia Forestry Commission and the Georgia Soil and
Water Conservation Commission, respectively.

Agricultural and silvicultural uses of State rivers, streams, lakes, wetlands, and
subsurface waters are subject to the Georgia Water Quality Control Act. Developed to ensure
that water in the State are used prudently, are maintained or restored to a reasonable degree of
purity, and are maintained in adequate supply, the Act authorizes the Department of Natural

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Resources, Environmental Protection Division to establish rules and regulations pertaining to
water quality and quantity, to set permit conditions and effluent limitations, and to set
permissible limits of surface water usage for consumptive and non-consumptive uses.

The Georgia Forestry Code (O.C.G.A. 12-6-1, et seq.) establishes the Georgia Forestry
Commission and also establishes management, conservation, and protection measures for forest
lands. The Commission has implemented a Best Management Practices program for forestry
designed to protect water quality from road construction, timber harvesting, site preparation, and
other silvicultural practices that may cause nonpoint source pollution. The Certified Burner
Program is administered by the Georgia Forestry Commission to educate the citizens of Georgia
about safe burning techniques.

Prescribed burning is described in the Forestry Code (O.C.G.A. 12-6-146) to be a
"resource protection and land management tool which benefits the safety of the public, Georgia's
forest resources, the environment, and the economy of the state." The authorization and
promotion of prescribed burns for community protection, silviculture, environmental, and
wildlife management purposes is State law (O.C.G.A. 12-6-146(b)). The nuisance and liability
of smoke from such burns is recognized, and, therefore, a permit is required "to burn any woods,
lands, marshes, or any other areas" (O.C.G.A. 12-6-90 (a)). The Best Management Practices for
Forestry and Agriculture describe the appropriate conditions for the use of prescribed burning.
Uncontrolled or inappropriate use of fire can destroy the litter, duff, and humus layers of the
forest floor and expose mineral soil to erosion. The BMPs establish appropriate weather
conditions, construction of fire breaks, slope and soil conditions, etc.

The Mountain and River Corridor Protection Act (O.C.G.A. 12-2-8, et seq.) allows the
Department of Natural Resources to develop minimum standards and procedures for the
protection of natural resources, environment, and vital areas of the State including mountains and
river corridors. These standards and procedures must be used by local governments in
developing, preparing, and implementing their comprehensive plans. The Act requires a 100-
foot vegetative buffer on both sides of rivers. In their comprehensive plans, local governments
may exempt specific agricultural and forestry activities from the buffer requirement, provided
that BMPs are followed and water quality is not impaired. The Act also requires consistency
with the Erosion and Sedimentation Act. All rivers in Georgia with an average annual flow of
400 cubic feet per second are covered by the Act, except those within the jurisdiction of the
Coastal Marshlands Protection Act.

Vegetative buffers have been used worldwide in various disciplines: in forestry and
agriculture to moderate nonpoint source degradation of water courses; in wildlife management to
improve and to provide habitat; and in landscape architecture to improve visual appeal. These
uses are not exclusive of one another, but provide compatible land use from several different

< Part II - 161 >

CHAPTER SIX

perspectives. Rapid regeneration and replanting are also concepts that are harmonious with the
idea of environmental and economic sustainability of the coastal area, especially if done using
indigenous or native plant species. Vegetative buffers can be used to assist in pollution and
erosion control, habitat diversification, and visual beautification. They are best implemented as
large-scale, ecosystem- or watershed-wide programs to offer protection to the streams, rivers,
marshes and estuaries of the coastal area, but they can be used on a project-by-project basis.
Vegetative buffers are not a panacea and should not be relied upon as an inexpensive
management technique to mitigate poor land and other natural resource management practices.
They should be considered as a valuable tool that can assist in the restoration of coastal and
watershed ecosystems once sound land management practices have been developed and put into
general use.

An additional management measure is to encourage conservation easements. The
Georgia Uniform Conservation Easement Act defines "conservation easement" to mean a non-
possessory interest in real property, with limitations or affirmative obligations, the purposes of
which include: retaining or protecting natural property; assuring its availability for agricultural,
forest, recreational, or open space use; protecting natural resources; maintaining or enhancing air
or water quality; and/or preserving the historical, archeological, or cultural aspects of real
property. A landholder may be a government agency or a charitable organization. Conservation
easements are legally binding agreements between a property owner and a governmental body or
a land trust that restricts the type and amount of development and use that may take place on the
property. The landowner may retain several rights, including the right to sell, restrict public
access, maintain the land for agricultural use subject to best management practices, add
additional buildings to the site, etc.

At the federal level, the National Food Securities Act regulates agricultural activities in
highly erodible areas, requires approved conservation plans in certain circumstances, and
prohibits clearing and draining of wetlands for agricultural purposes. The Natural Resource
Conservation Service and the Farm Service Agency of the U.S. Department of Agriculture
administer this Act. Additionally, Section 404 of the Clean Water Act, administered by the
Army Corps of Engineers, requires permits for dredging and filling wetlands. The Corps of
Engineers also requires permits for conversion of forested wetlands to other uses such as
agriculture or urban. Also, the federal Clean Water Act mandates that agriculture and forestry
roads follow BMPs when crossing streams and wetlands. As of January 1, 1996, the Corps and
the Environmental Protection Agency, in a joint Memorandum of Agreement, listed nine specific
wetlands that if converting to a pine plantation via mechanical site preparation would require a
permit.

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D. Recreation and Tourism

Findings

Recreation and tourism represent major industries in coastal Georgia. There are a wide
variety of recreational opportunities ranging from swimming, sailing, and sport fishing to
observing wildlife and scenic vistas, and visiting historic places. The total tourist expenditures in
1993 in the eleven counties of the coastal area was approximately $1.39 billion. Most tourism in
coastal Georgia is generated by the beaches and historical resources. Georgia's mild climate
allows most popular recreational activities such as golf, tennis, and boating to be conducted
throughout the year.

The Parks, Recreation, and Historic Sites Division of the Georgia Department of Natural
Resources is responsible for the operation of four State Parks and four historic sites located
within the coastal area. The Wildlife Resources Division manages ten Wildlife Management
Areas within the coastal area. In addition, there are ten natural areas, managed by various State,
local, or federal authorities, within the coastal area, including Gray's Reef National Marine
Sanctuary, the Sapelo Island National Estuarine Research Reserve, and Blackbeard Island
National Wildlife Refuge and Wilderness Area. The Jekyll Island Authority was established in
1950 to operate the island's historic and recreational facilities, including beaches, golf courses,
and historic district. In addition to these State-operated facilities, there are several parks and
recreation facilities, dozens of historic districts and hundreds of historic places, and open spaces
that are operated by local governments, counties, and the federal government throughout the
coastal area. Refer to Chapter Seven, "Special Management Areas," for more information about
these and other areas.

The State of Georgia recognizes the importance of recreation as a basic need of coastal
area residents and visitors. The amount of leisure time that is available to Americans continues
to increase, and recreation is a significant feature of our daily lives. With expanding growth and
development, the availability of open space, natural areas, and locations with adequate
recreational facilities are important. The two primary environmental concern with parks, historic
sites, and open spaces are: (1) maintaining the ecological balance of adjacent fragile areas such
as marshlands, other wetlands, and wildlife habitat; and, (2) protecting the significant natural,
historical, and cultural characteristics of the resources and the surroundings while providing an
economically-sound use. Sustainable use of the coastal area for recreation is a primary goal of
the Georgia Coastal Management Program.

Commercial recreational areas for visitors to the coastal area are a significant economic
enterprise and contribute to the economic success of many coastal areas. Construction and
operation require regulation for public safety or aesthetic reasons under various local planning
and building codes. Commercial recreation facilities are of a coastal management concern if they

CHAPTER SIX

disrupt existing public access or if they significantly degrade water quality, cultural entities,
historic areas, scenic vistas, or environmental factors.

State and federal parks, historic sites, and wildlife management areas located in coastal
Georgia provide opportunities for hunting, fishing, bird watching, beach access, marsh access,
access to sites of historical significance, and other recreational opportunities. In addition to the
State- and federally-owned properties in the coastal region, there are numerous non-government
owned historic and natural resources that not only give coastal communities their unique
character, but also provide overnight accommodations, dining, shopping, touring, biking,
boating, fishing, hunting, camping, and other recreational opportunities.

A number of parks and historical and culturally significant sites have been designated
within this document as "Areas of Preservation and Restoration" because of their unique natural
and cultural value and importance as a recreational use area. The priority of uses for these
specific parks and sites is addressed in Chapter Seven, "Special Management Areas."

Most public recreational facilities in the coastal area (as throughout the State) are
financed in full or in part by the U.S. Department of the Interior, National Park Service. Funds
provided by the Dingell-Johnson and Wallop-Breaux Acts (Aquatic Resources Trust Fund)
support recreational fishing activities and development projects, such as boat ramps, floating
docks, and fishing piers.

Policies

� Coastal Marshlands Protection Act
� Georgia Erosion and Sedimentation Act
* Georgia Heritage Act
* Georgia Water Quality Control Act
* Groundwater Use Act
* Shore Protection Act

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TABLE 6.1: Inventory of State and Federal Parks,
Historic Sites, and Wildlife Management Areas in Coastal Georgia

State-managed Wildlife Management Areas within the coastal area:
Altamaha Wildlife Management Area - McIntosh County
Dixon Memorial Wildlife Management Area - Brantley County
Little Satilla Wildlife Management Area - Wayne County
Ossabaw Island Wildlife Management Area - Chatham County
Paulk's Pasture Wildlife Management Area - Glynn County
Rayonier Wildlife Management Area - Wayne and Brantley Counties
Richmond Hill Wildlife Management Area - Bryan and McIntosh Counties
Sansavilla Wildlife Management Area - Glynn and Wayne Counties
Sapelo Island Wildlife Management Area - Mcintosh County

Natural Areas within the coastal area:
Savannah National Wildlife Refuge
Wassaw National Wildlife Refuge
Ossabaw Island Heritage Preserve
Gray's Reef National Marine Sanctuary
Harris Neck National Wildlife Refuge
Blackbeard Island National Wildlife Refuge and Wilderness Area
Sapelo Island National Estuarine Research Reserve, Sanctuary, and Natural Area
Lewis Island Natural Area
Wolf Island National Wildlife Refuge
Cumberland Island National Seashore
Okefenokee National Wildlife Refuge and Wilderness Area

State Parks within the coastal area:
Skidaway Island Park
Ft. McAllister Historic Park
Crooked River Park

State Historic Sites within the coastal area:
Hofwyl-Broadfield Plantation
Fort King George
Fort Morris
Wormsloe

National Parks and Monuments within the coastal area:
Ft. Frederica National Monument
Cumberland Island National Seashore
Ft. Pulaski National Monument

< Part Il- 165>

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Description

In addition to Georgia statutory requirements for access by physically handicapped
persons, the federal Americans with Disabilities Act must be complied with for all public
structures.

Permits for parks, tourist-oriented or commercial recreation facilities within the
jurisdiction of the Coastal Marshlands Protection Act and the Shore Protection Act are
administered by the Coastal Resources Division. In the rest of the eleven-county coastal area, the
Environmental Protection Division has permit authority over certain aspects of facilities open to
the public, including sewage systems and water systems, and other authorities under the
Environmental Assessment process. In addition, land-disturbing activities associated with
recreation and tourism are subject to the provisions of the Erosion and Sedimentation Act.

Administered by the Environmental Protection Division, the Georgia Water Quality
Control Act establishes regulatory requirements for water quality and quantity, permits for
discharges into surface and subsurface waters of the State, etc. Any recreational or tourist-related
discharge of water is subject to the provisions of this law. Likewise, recreational or tourism
activities using groundwater are subject to the Groundwater Use Act. This Act provides
authority to establish regulations and permit requirements for withdrawal, drilling protocols, and
water conservation plans.

Georgia's Heritage Trust Act seeks to preserve certain real property in Georgia that
exhibits unique natural characteristics, special historical significance, or particular recreational
value. The goals of this Act have been superseded by the Heritage 2000 Program. The Heritage
2000 Program provides funding to acquire properties for preservation of significant cultural or
historical resources.

The Department of Natural Resources is authorized to grant permits or enter into
contractual agreements with recognized scientific organizations or qualified individuals for the
purpose of conducting field archeological research or salvage archeology on State property. The
Department can also promulgate regulations to preserve and protect any cultural or archeological
finding. The Historic Preservation Division administers State and federal funding for historic
preservation activities. The Department of Natural Resources, Parks, Recreation, and Historic
Sites Division has the authority to construct, operate, and maintain State parks.

The Historic Preservation Division is the lead state agency for administration of both
federal and state tax incentive programs for preservation of historic properties. The Coastal
Resources Division cooperates with that agency to help identify potential candidates for such
programs. The Nongame Wildlife Conservation and Habitat Acquisition Fund provides a
mechanism for voluntary donations and tax refund allocations to establish a fund to acquire

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property. The Department of Natural Resources has the power and authority under Title 27-1-6
of the Georgia Code to "acquire by purchase, condemnation, lease, agreement, gift, or devise
lands or waters suitable for... fish hatcheries, nursery ponds, game farms, sanctuaries,
r ~~~reservations, and refuges... and for wildlife restoration, propagation, protection, preservation,
management research or management ....." Access to some of the areas already acquired is by boat
only. The River Care 2000 Program provides funds for acquisition of substantial properties
along the State's rivers, including some in the coastal area. The Heritage 2000 Program provides
P ~~~funds for acquisition of historical or culturally significant properties. The Preservation 2000
program provides funds for preservation of natural areas, historic sites, parks, wildlife
management areas, and similar sites.

There are many non-government sponsored mechanisms to acquire public access to
properties for recreational and conservation purposes. Land trusts and conservation easements
are two such mechanisms. Land trusts are non-profit organizations that protect land for its
natural, scenic, historic, or productive value. Conservation easements are agreements between
property owners and government agencies or a land trust that restrict the type and amount of
development and use that may take place on the property. Both mechanisms can be effective
complements to government acquisition programs and the regulation of uses to protect sensitive
properties. In 1992 the Georgia legislature passed the Uniform Conservation Easement Act,
which authorizes and promotes the use of conservation easements. Two non-profit
organizations, the Georgia Environmental Policy Institute and the Coastal Georgia Land Trust,
are very active in their efforts to assemble land trusts and conservation easements in the coastal
region of Georgia for a wide variety of purposes, including habitat protection, greenways, scenic
easements, and historic resource protection.

Acquisition of title to culturally valuable properties and utilization of other methods are
authorized by the Heritage 2000 Program, among other State-administered programs. The Parks,
Recreation and Historic Sites Division provides educational opportunities at certain historical
and cultural venues. Hog Hammock, on Sapelo Island, is one example. A uniquely isolated
cultural community descended from slaves, this community has special cultural value. The
Historical Preservation Division works with local communities to promote the preservation and
continuation of cultural communities and traditions, including the historic places in which they
live.

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CHAPTER SIX4

E. Marine Related Facilities �

Fidings

Commercial docks and marinas, boat ramps, and recreational docks and piers are
increasingly popular uses of coastal areas. Commercial docks and marinas serve multiple users
and commonly collect a fee for use of their facilities. Recreational docks are private docks not
available for public use. Policies that apply to docks apply to both commercial and recreational
docks. Both public and private boat ramps are available for general or selective use to launch
watercraft, depending upon the ownership of the boat ramp. In 1994, 24,946 boats were
registered in the six coastal counties. That figure attributes one boat to every fifteen residences.
Given current rates of growth, an increase of 3,200 boats is expected in those coastal counties by
the year 2000. There are now 28 public marinas and 36 public boat ramps in the coastal
counties. In addition, there are 33 non-boating facilities such as piers and docks available for
public use.

The growth of recreational boating and the increase of coastal development in general has
led to an increasing awareness of the need to protect waterways. In the federal Coastal Zone
Management Act, Congress declared it to be a national policy that state coastal management
programs provide for public access to the coast for recreational purposes. Also recognizing the
importance of healthy coastal resources to promote recreation, a 1995 Executive Order
recognized the social, cultural, and economic importance of recreational fisheries and directed
federal agencies to improve aquatic resources to provide increased recreational fishing
opportunities. Boating and adjunct activities such as marina operations are important means of
public access. If these facilities are poorly planned or managed, however, they may pose a threat
to the health of aquatic systems and may pose other environmental and navigational hazards.
Ensuring the best possible siting, the best available design and construction, and appropriate
operation and maintenance practices for marinas greatly reduces the potential of such threats.

Policies

� Coastal Marshlands Protection Act
� Endangered Wildlife Act
� Game and Fish Code
� Georgia Boat Safety Act
� Georgia Comprehensive Solid Waste Management Act
� Georgia Erosion and Sedimentation Act
* Georgia Fisheries Law Pertaining to Shellfish (Game and Fish Code)
* Georgia Water Quality Control Act
* Protection of Tidewaters Act

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- Revocable License Program (Georgia Administrative Procedures Act)
* Right of Passage Act
- Shore Protection Act
- Wildflower Preservation Act

Description

Any marine-related facility, including docks and boat ramps, is subject to the provisions
of the Revocable License and the Coastal Marshlands Protection Act. A Revocable License is
necessary for use of State-owned tidal water bottoms. A Marsh Permit is necessary for structures
built in tidal wetlands, and for dredging and filling of these marshlands. Both Revocable
Licenses and Marsh Permits are administered by the Department of Natural Resources, Coastal
Resources Division. Recreational docks must also receive the federal "State Programmatic
General Permit for Recreational Docks." Under an agreement with the U.S. Army Corps of
Engineers, this permit is also administered by the Coastal Resources Division. Marine-related
facilities are also subject to the provisions of the Shore Protection Act. This Act prohibits docks,
marinas, boat ramps, and boat storage facilities in the dynamic dune field.

The Endangered Wildlife Act protects animal species that are rare, unusual, or in danger
of extinction. The Wildflower Act offers similar protection to plant species. Both Acts are
applicable only on public lands of the State, but the federal Endangered Species Act applies to
both public and private lands. The Game and Fish code protects wildlife resources. All permits
issued by the State government for marine-related facilities are required to ensure the safety of
endangered species. The State of Georgia has a list of protected animals and plants that State-
issued permits must address. In addition to the State's protected species there is a federal list of
threatened and endangered species, many of which are included on the State's list. Because the
State of Georgia must obey federal law, when the State issues permits, it holds the responsibility
of ensuring that federal laws are not violated by the permitted activity. To this effect, State-
issued permits must include provisions, if applicable, to protect endangered species. Federal
laws such as the Endangered Species Act, the Migratory Bird Act, the Marine Mammal
Protection Act, and Standard Manatee Conditions apply if protected species may be adversely
impacted by the project. The federal "Standard Manatee Conditions" guidelines, for example,
demonstrate the proper measures that must be taken near manatee areas for their protection. If a
marina or conmmunity dock is constructed near a manatee area, those guidelines must be included
in the permit guidelines issued by the State of Georgia.

Through its pen-nits, the State of Georgia has the responsibility for protecting the public
interest and state-owned lands. Protection of the public interest includes maintaining currents
and water quality. Georgia law also establishes the authority to regulate waste disposal on land

< Partil - 169 >

CHAPTER SIX

or in water. Permits are issued only if the applicant can ensure that water quality can be
maintained and that Georgia waste disposal rules are observed.

State fisheries law requires the Department of Natural Resources to operate a sanitation
program in compliance with the National Shellfish Sanitation Program. This law specifies a
formula by which the minimum distance of a marina from restricted or approved shellfish
harvesting areas is determined. This formula is dependent upon the number of boats, the average
number of people per boat, marina usage, and the volume of water in the marina area. This
formula, which estimates the fecal coliform contamination from a marina, must meet the
standard of 14 MPN/100 ml of water before the marina water will reach a shellfish area.4

Under the Coastal Marshlands Protection Act, construction of boat ramps is prohibited in
approved shellfish areas. There are no laws, however, which prohibit boat ramps in or near
restricted shellfish harvest areas. However, all structures within the jurisdiction of the Coastal
Marshlands Protection Act must meet minimum standards and undergo a review of water quality
impacts in order to receive a permit. All structures, either in saltwater or freshwater areas, must
meet the minimum water quality standards as passed under the Clean Water Act and reviewed by
the State's 401 Water Quality Certification Program.

Recreational docks must comply with water quality laws such as the Clean Water Act.
The National Shellfish Sanitation Program established standards for activities in or near shellfish
areas, but does not set a specific distance limitation. Under the Coastal Marshlands Protection
Act, recreational docks are prohibited from use for commercial purposes.

The U.S. Coast Guard is the lead agency that enforces the federal laws pertaining to
fueling facilities and contingency plans for spills. Mandated by federal law, these authorities are
applied in Georgia but are not part of the State's authorities. In addition to Georgia laws, Section
404 of the federal Clean Water Act regulates dredging and filling. The Corps of Engineers is the
lead administrator of Section 404 permits; applicants must follow the sequencing requirements of
the Corps of Engineers' 404(b)(1) guidelines. Section 404 of the federal Clean Water Act
regulates dredging and filling in wetlands. A Section 401 Water Quality Certification from the
Environmental Protection Division is necessary for any marine-related facility that may impact
wetlands.

< Part Il - 170 >

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F. Fisheries, Aquaculture, and Wildlife

Findings

Management of marine fishery resources, including both commercial and recreational
activities, is the responsibility of the Georgia Department of Natural Resources, Coastal
Resources Division. Commercial marine fisheries are important coastal resources and represent
a major industry in Georgia. Approximately 2400 persons purchased commercial fishing
licenses in 1995. The principal commercial fishery in Georgia is the shrimp trawl fishery. There
were 537 commercial trawler licenses issued in 1995. The total shrimp harvest amounted to
approximately 7 million pounds in 1995 and had an ex-vessel value of approximately $27
million. Sale of by-catch (incidental or non-targeted catch) from the shrimp trawl fishery grossed
an additional $200,000, and off-season whelk trawling grossed another $200,000. The bait
shrimp fishery employs approximately 40 fishermen and has an ex-vessel value of approximately
$570,000 annually.

The second largest commercial fishery in Georgia is the blue crab fishery. Approximately
200 individuals rely on crab fishing as their principal occupation. The 1995 harvest of blue crabs
in Georgia was approximately 9 million pounds, and had an ex-vessel value of approximately $5
million.

With the exception of a nominal shad season, no large scale gill net fisheries exist in
Georgia waters. An offshore hook-and-line snapper/grouper fishery exists that employs
approximately 60 fishermen and produces an ex-vessel value of approximately $400,000 to
$700,000 annually.

Shellfish is an under-utilized resource of the Georgia coastal area at this time. Currently
496,052 acres of potentially productive shellfish habitat exist in the State. The small shellfish
fishery is most affected by water quality. Shellfish (oysters and clams) feed by filtering ambient
water, consequently retaining bio-concentrate pathogens and other contaminants. Consumption
of shellfish from contaminated waters can result in hepatitis or typhoid. Almost half of the
potentially productive acres of shellfish habitat are closed due to unacceptable water quality or
lack of data needed to allow harvesting. Of the 171,1 10 acres of approved habitat, only 25,364
acres are being commercially harvested and 15,509 acres are open to public harvest. The
oyster/clam fishery has an ex-vessel value of approximately $100,000 annually. The Georgia
coastal area offers great potential for the development of shellfish mariculture.

The ex-vessel value of the harvested resource is but a small percentage of the overall
economic value of coastal fisheries. In 1995, approximately eleven processors or seafood
packing houses, employing 1,131 individuals, were located in coastal Georgia. There are also

CHAPTER SIX

approximately 50 wholesale seafood dealers employing over 100 individuals. No reliable
estimates of the economic impact of Georgia commercial fisheries can be found; considering
support services and industries, however, it is certainly a substantial multiple of the harvest
value.

The marine recreational fishery is another important resource in coastal Georgia. A 1994
survey estimated 443,717 anglers participate in saltwater fishing in Georgia. Direct expenditures
by marine fishermen in the State are estimated at $53.4 million annually. The total economic
value of recreational fishing, including support services and commodities is estimated at more
than $250 million annually. Currently, there are over 25,000 boats registered in the six Georgia
coastal counties, representing a ratio of one boat for every 15 residents. Given current rates of
growth, an increase of 3,200 boats is expected in coastal counties by the year 2000. There are
now 28 public marinas and 36 public boat ramps in coastal Georgia. Planners must consider the
continuing popularity of marine fishing and boating to ensure proper accesses and species
management.

Aquaculture in the State of Georgia currently is not a large enterprise. An Aquaculture
Development Commission was created by an act of the Georgia Legislature (O.C.G.A. 27-4-25 1,
et seq.), and became effective July 1, 1992. The duties of the Commission are to make a
thorough study of aquaculture and the potential for its development and enhancement in Georgia,
including an evaluation of Georgia's natural resources as they relate to aquaculture, an evaluation
of species that have a potential for aquaculture in the state, and an identification of constraints to
development of aquaculture.

Management of fish and wildlife species, other than marine fisheries, in the coastal area is
the responsibility of the Wildlife Resources Division of the Georgia Department of Natural
Resources. In order to promote the protection and wise use of Georgia's fish and wildlife
resources, the Wildlife Resources Division promulgated the following objectives at their
February 1991 Decision Conference:

(1) To provide and to promote opportunities for wildlife recreation;
(2) To acquire, to protect, and to enhance wildlife habitat and natural areas;
(3) To educate the public regarding the importance of wildlife, wildlife habitat, and
natural areas;
(4) To gather and dispense scientific information for the sound management of
wildlife resources and populations;
(5) To promote non-game wildlife programs;
(6) To develop additional funding sources for all game and fish programs; and
(7) To emphasize the environmental review process.

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Recent Wildlife Resources Division emphasis has been placed on a comprehensive land
acquisition program to preserve natural areas and maintain habitat for both game and non-game
animals.

Policies

* Georgia Aquaculture Development Act
- Georgia Fisheries Law Pertaining to Shellfish (Game and Fish Code)
- Georgia Natural Areas Act
- Georgia Water Quality Control Act

Description

Hunting is recognized as an important wildlife management tool. Through the Game and
Fish Code, the Department of Natural Resources, Wildlife Resources Division is designated to
operate Wildlife Management Areas, register aquaculture activities, and protect wildlife
resources. The Nongame Wildlife Conservation and Habitat Fund provides a mechanism to fund
nongame wildlife conservation and habitat acquisition.

The Georgia Natural Areas Act authorizes the Department of Natural Resources to
identify areas in the State of Georgia which are of unusual ecological significance, and to secure
the preservation of such areas in an undisturbed natural state. Natural areas, as defined by the
Act, are tracts of land in their natural state that are to be set aside and permanently protected or
managed for the purpose of preserving natural plant or animal communities, rare or valuable
members of such communities, or any other natural features of significant scientific, educational,
geologic, ecological, or scenic value. These areas are important habitat for fish and wildlife
species.

Land trusts and conservation easements are important mechanisms to acquire land for
conservation purposes. Land trusts are held by non-profit organizations set up to acquire
property for conservation, environmental education, research, etc. Conservation easements are
legally binding agreements between a property owner and a governmental body or a land trust
that restricts the type and amount of development and use that may take place on the property. In
1992, the Georgia Legislature adopted the Georgia Conservation Easement Act, which authorizes
and promotes the use of conservation easements in Georgia. The landowner may retain several
rights, including the right to sell, restrict public access, maintain the land for agricultural use
subject to best management practices, or to add additional buildings to the site, etc.

An important aspect of fisheries management is protecting habitat through water quality
standards. The Georgia Water Quality Control Act establishes regulatory requirements for water

< Part 11 - 173 >

CHAPTER SIX

quality and quantity, permits for discharges into surface and subsurface waters, etc. The Georgia
Fisheries Law Pertaining to Shellfish protects public health and safety by setting minimum water
quality standards for shellfish waters.

The Coastal Resources Division of the Department of Natural Resources actively
participates in the South Atlantic Fisheries Management Council and the Atlantic States Marine
Fisheries Commission. The Council annually develops an operations plan to conduct federal
fisheries management. These plans are developed in coordination with the National Marine
Fisheries Service and the U.S. Fish and Wildlife Service, the Skidaway Institute of
Oceanography, the University of Georgia Marine Institute, other foundations and private property
owners, as well as the other states within the council's jurisdiction. The intent of these operations
plans is to supplement existing research data in an effort to implement more meaningful
management plans.

There are currently several very active citizen advisory committees involved with
fisheries management issues: the Coastal Fisheries Advisory Commission, with the Food Shrimp
Issues Subcommittee and the Blue Crab Issues Subcommittee; and the Saltwater Advisory
Committee (formerly the Saltwater License Advisory Committee). Input from these Committees
is valuable in developing management plans. The Saltwater Fishing License Committee was
instrumental in developing the Marine Recreational Fish Enhancement Plan, which is a five-year
management strategy.

There are several programs currently in effect to promote wildlife management practices
by private property owners. Some examples include: the Forest Stewardship Program, operated
under the auspices of the Georgia Forestry Commission; Partners for Wildlife, under the auspices
of the Fish and Wildlife Service; and the Acres for Wildlife Program, operated by the
Department of Natural Resources. Each of these programs, and several others, provide a
different emphasis. Some provide funding mechanisms to lease property for wildlife4
management, some provide educational materials, and others provide technical support, but each
furnish help to the private landowners to foster wildlife management ideals.

The Coastal Resources Division of the Department of Natural Resources has developed
several artificial reef sites. These projects, however, are dependent upon discontinuous funding
sources. The Coastal Management Program can encourage and assist with locating funding
sources for artificial reef projects. A five-year Marine Recreational Fisheries Enhancement Plan
has been developed to provide the basis for a longer-term plan that can be subject to periodic
updates, with input from a citizen advisory committee. The Coastal Resources Division of the
Department of Natural Resources is currently participating in the development of Atlantic Coast

<cPartll1- 174 >

USES SUBJECT TO MANAGEMENT

interstate fishery management plans, and cooperating in the development of federal plans for the
management of coral, shrimp, reef fish, mackerel, and golden crab.

The Coastal Resources Division of the Department of Natural Resources is an active
voting member of the South Atlantic Fishery Management Council and the Atlantic States
Marine Fisheries Commission, both of which have active law enforcement committees. The
Wildlife Resources Division is actively involved with the Atlantic Flyway Council, and the North
American Waterfowl Plan, among others, and works cooperatively with adjacent states, National
Marine Fisheries Service (NMFS), the U.S. Coast Guard, and the New England Aquarium to
survey, manage and safeguard right whale migration and breeding areas. There are cooperative
agreements between the respective law enforcement divisions of the Department of Natural
Resources, the U.S. Coast Guard, the NMFS and the U.S. Fish and Wildlife Service (FWS).
Local law enforcement agencies frequently cooperate in enforcement of fish and wildlife
regulations, and apprehension of suspected violators.

The Department of Natural Resources and cooperative agencies have established manatee
corridors and right whale critical habitats for the marine environment. The Department of
Natural Resources always considers wildlife corridors during purchase, lease, cooperative
agreement, or other acquisition of lands throughout the State. There is no explicit definition of a
wildlife corridor that is applicable to all situations, but the concept of connecting several wildlife
management areas with corridors is recognized by the Department of Natural Resources and the
Coastal Management Program as a sound management principle. Rules pertaining to land-use
and zoning are under the authority of local governments.

< Partil - 175 >

CHAPTER SIX

G. Public Services and Facilities

Findings

Public Buildings and Rights-Of-Way

Although construction of new public or government buildings may serve a need in the
public interest, these facilities should also protect the public's interest in resource management
through careful consideration of site characteristics, construction methods, and building and site
design. Public and quasi-public buildings have potential negative impacts similar to those
associated with residential or commercial development. They are of coastal management
concern if they involve dredging or filling in productive wetlands, or impact water quality from
erosion, storm water run-off, or sewage discharges. There also may be conflicts with other
potential uses for the same site locations and other water-dependent uses.

Water Supply Facilities

Water supply in coastal Georgia is inextricably linked to groundwater. Approximately 63
percent of water use in the coastal plain is derived from groundwater sources. There are three
potential sources of groundwater: (1) shallow aquifers, 85 to 390 feet deep, which supply
generally good quality water to rural households and other small quantity users; (2) the principle
artesian aquifer, the Floridan Aquifer, 40 to 900 feet deep, that supplies excellent water quality to
major industrial and municipal users; and (3) the deep aquifer beneath the Floridan Aquifer and
the brackish water zone, which may have eventual industrial application.

Salt water intrusion caused by excessive withdrawals endangers the Floridan Aquifer.
While groundwater from this aquifer is plentiful in coastal Georgia, heavy pumping by industrial
and municipal users has decreased groundwater pressure and induced large cones of depression
in the aquifer in the Savannah and Brunswick areas, and to a lesser degree in the St. Marys area.
This resulting pressure imbalance facilitates infiltration of brackish water trapped in formationsI
that underlie the principle aquifer. Therefore, continued groundwater withdrawals and
groundwater use must be carefully managed to secure continued high quality water for coastal4
Georgia. Groundwater management plans and water conservation measures are necessary to
allow continued economic and population growth.

Surface water in coastal Georgia provides the other 38 percent of the water used in the
coastal plain (the coastal plain extends further inland than does the coastal area as described for
management by this program). Of this, 53 percent is used for self-supplied industry, 34 percent
is used for irrigation, and 18 percent is used for public supply. Decreasing dependence on
groundwater and managing surface water uses more effectively are potential management
strategies for sustaining Georgia's groundwater resources.

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There is also the potential for adverse impacts associated with the transmission of
freshwater. Installation of water pipelines, with the concomitant digging and trenching by
construction equipment, can cause environmental damage where they cross wetlands or
submerged bottoms. There are also potential secondary impacts from increased growth and
development as a result of water supply to new areas. Comprehensive management plans can
help to mitigate such impacts.

Sewage Treatment Facilities

Sewage treatment facilities include treatment plants and associated transmission systems,
lagoons, impoundments, septic tanks, and outfalls. Provision of adequate sewage treatment
systems in order to protect public health and welfare, as well as environmental quality in coastal
communities, becomes increasingly important with growing populations and urban densities.
The primary negative impact associated with sewage treatment systems is water quality
degradation caused by effluent discharge from septic tanks or treatment plants. Septic tanks are
only effective in treating sewage in areas where soils are suitable for proper drainage, where
systems are adequately spaced, and where groundwater and surface water sources are sufficiently
distant. Central treatment plants can also present environmental problems. Eventual disposal of
the effluent or sludge may degrade the quality of coastal waters, and possibly disrupt wetland
systems, recreational activities, and fish and shellfish resources. The same issues involved in the
laying of other pipelines can be present in construction of sewer transmission systems.

Certain potential secondary impacts of growth inducement from sewage treatment
facilities can result if sewer systems are extended into areas with little previous development.
This type of growth catalyst can become a serious problem if sensitive or fragile areas are
threatened, or if local zoning or other regulation is inadequate to provide proper management.

Solid Waste Facilities

Solid waste disposal is a crucial problem confronting all local governments in Georgia's
coastal area. Proper landfilling of solid waste requires special site conditions and operating
methods. In the coastal area, the widespread presence of porous soils, a high water table, and
seasonal surface flooding severely limit the availability of acceptable landfill sites. Improperly
located landfills can directly intercept and pollute the shallow aquifer that underlies much of the
coastal area. High amounts of rainfall, characteristic of coastal Georgia, may seep through layers
I ~ ~~of solid waste and induce formation of leachate in improperly operated landfills. Subsequent
pollution of the shallow groundwater may result, thereby affecting the source of water of some
I ~ ~~coastal residents and wildlife. Additionally, surface runoff polluted by landfills may pose a
health hazard to humans, wildlife, and fisheries in coastal waters. Coastal waters may be

< Partil1- 177 >

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adversely affected by the downstream flow of polluted water from dump or landfill sites located
far inland on coastal tributaries.

As existing disposal sites become filled to capacity, new sites that satisfy environmental
criteria must be located. The following policies for solid waste disposal are important for
guiding the location and operation of disposal sites to meet future needs while protecting coastal
resources.

Dams and Reservoirs

Dams and reservoirs are not currently, and are not expected to be, a controversial issue in
the Georgia coastal area. The coastal rivers are broad, relatively slow-moving, and pass through
flat, low-lying areas. Georgia coastal rivers have limited suitability for hydroelectric projects.
Dams and reservoirs do provide, however, other benefits such as drinking water storage and
recreation opportunities; thus they may become important factors in the future. For that reason,4
dams and reservoirs are considered in the Coastal Management Program for consideration during
planning processes.

Many of the possible impacts that might be created by dams, reservoirs and water
diversion projects are associated with alteration of normal stream flow. Such impacts include
water quality degradation, changes in salinity and water temperature, loss of aquatic species
habitat or adequate spawning periods, alteration of the character of downstream coastal marshes,
and interdiction of upland sediments destined for incorporation into the coastal sediment budgets.I
Reservoirs or impoundments also may inundate areas of geological significance, historical
interest, or archeological importance. While many of the adverse environmental effects of dams
and reservoirs cannot be avoided, specific management policies and techniques can reduce the
impact.

Policies

Public Buildings and Rights-Of-WayI
* Coastal Marshlands Protection Act
* Georgia Erosion and Sedimentation Act
* Georgia Scenic Rivers Act
� Georgia Water Quality Control Act
� Historic Areas
� Shore Protection Act
* Submerged Cultural Resources

Water Supply Facilities
*Coastal Marshlands Protection Act

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- Georgia Erosion and Sedimentation Act
* Georgia Safe Drinking Water Act
* Georgia Water Quality Control Act
- Groundwater Use Act
- Revocable License Program (Georgia Administrative Procedures Act)
* Shore Protection Act

Sewage Treatment Facilities
- Coastal Marshlands Protection Act
* Georgia Erosion and Sedimentation Act
* Georgia Fisheries Law Pertaining to Shellfish (Game and Fish Code)
- Georgia Water Quality Control Act
- Revocable License Program (Georgia Administrative Procedures Act)
* Septic Tank Law (Title 31 - Health)

Solid Waste Facilities
* Georgia Comprehensive Solid Waste Management Act
* Georgia Hazardous Waste Management Act

Dams and Reservoirs
- Coastal Marshlands Protection Act
- Georgia Safe Dams Act
- Georgia Scenic Rivers Act
- Revocable License Program (Georgia Administrative Procedures Act)
- Shore Protection Act

Description

For additional descriptions of the policies listed above, refer to Chapter Five, "Policies
and Management Authority." The following are additional comments with respect to each public
service facility area.

Public Buildings and Rights-Of-Way

In addition to the State authorities listed above, there are various federal authorities with
which there must be compliance for construction of rights-of-way, including the federal Clean
Water Act and the National Historic Preservation Act.

No land-disturbing activities shall be conducted without a permit issued by the governing
authority of the county in which the activity is proposed. In addition to an erosion control permit,
apermit issued under the Shore Protection Act or the Coastal Marshlands Protection Act may be

< Part H - 179 >

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required. Pen-nit coordination for activities within the coastal zone is a focal point of the Georgia
Coastal Management Program.

The Federal Flood Insurance Program is administered through the Federal Insurance
Administration, which is a Division within the Federal Emergency Management Agency. The
Program establishes standards for construction in designated flood areas, and requirements for
flood insurance within the areas.

In addition to the State authorities listed, federal and local health codes establish sewage
disposal standards.

The only structures that are permitted under the jurisdiction of the Shore Protection Act
are structures of a temporary nature, which must not impose upon the normal functions of the
sand-sharing mechanisms. Buildings are not permitted.

Water Supply Facilities

In addition to the State authorities listed, there are federal laws such as the Clean Water
Act and local health codes concerning drinking water.

The Shore Protection Act establishes permit requirements for the construction of any
structure, for any engineering activity, and for any land alteration activity that changes the natural
topography or vegetation. Permanent pipeline construction across beaches is prohibited. Open
pipeline canals are prohibited within the jurisdiction of the Coastal Marshlands Protection Act
and the Shore Protection Act, and recommended for prohibition in other areas of the coastal area.

Federal and State requirements for protection of wetlands do not prohibit activities within
wetlands areas, they merely establish certain criteria that are necessary for obtaining a permit to
accomplish the activity. The U.S. Army Corps of Engineers has developed a wetlands mitigation
strategy in cooperation with several state and other federal agencies.

Sewage Treatment Facilities

In addition to the State authorities listed above, the federal Clean Water Act Section 402
(National Pollutant Discharge Elimination System) establishes requirements for permits to
discharge pollutants. The Coastal Resources Division staff reviews all federal permits that result
in discharges to the navigable waters of the coastal area under the authority provided by section
401 of the Clean Water Act.

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The Department of Human Resources and the various County Health Departments are
responsible for permitting and monitoring septic tanks.

Within the jurisdiction of the Coastal Marshlands Protection Act and/or the Shore
Protection Act, applications for the construction of lagoons or impoundments for waste treatment
facilities and similar activities shall be denied.

The National Shellfish Sanitation Program is administered by the U.S. Public Health
Service and implemented by the Coastal Resources Division. The National Shellfish Sanitation
Program sets standards for water quality and siting requirements for outfalls, among other things.

The Coastal Resources Division coordinates with the Environmental Protection Division
and other agencies with responsibility for implementing comprehensive plans affecting sewage
treatment, to ensure that proposed projects are compatible with growth and development plans
and that alternative locations for sewage treatment facilities are considered.

Solid Waste Facilities

The Coastal Resources Division works with the appropriate Regional Development
Centers (RDCs) to provide local governments with technical assistance regarding solid waste
facilities in the coastal area.

Dams and Reservoirs

Dams and Reservoirs are not a significant issue in the coastal area.

< Part If- 181 >

CHAPTER SIX

K. Dredging

Findigs

Dredging in coastal Georgia is primarily performed by the U.S. Army Corps of Engineers
to maintain shipping channels at safe operating depths. Suitable sites for dredged material
storage is determined by a "Local Assurer." In the Savannah Harbor, the Local Assurer is the
Chatham County Board of Commissioners. At the Port of Brunswick, the Local Assurer is the
Glynn County Board of Commissioners. For the Atlantic Intracoastal Waterway, the Local
Assurer is the Georgia Department of Transportation.

In the Savannah Harbor, Chatham County and the Georgia Department of Transportation
manage dredged material containment areas along more than 20 miles of the Savannah River
shipping channel. An average of 7.83 million cubic yards of sediment are removed from the
Savannah Harbor annually. Most of the material is concentrated in a large sediment basin on the
Back River, which is aided by the operation of tide gates maintained by the Corps of Engineers.

The Port of Brunswick requires dredging and disposal of approximately 1.8 million cubic
yards of material per year. More than one half of this material is pumped to an approved off-
shore site for deep water disposal. The remainder of the material is pumped to a storage area on
nearby Andrews Island.

For the Atlantic Intracoastal Waterway, 135 miles of navigational channel are maintained
at a 12 foot depth. This requires the removal of about three million cubic yards of shoal material
annually. The State of Georgia provides 83 dredged material disposal sites, not diked, along the
Waterway.I
Dredged materials are tested for contaminants based upon the U.S. Corps of
Engineers/U.S. Environmental Protection Agency Inland Testing Manual. The guidance in this
manual recommends an initial assessment, tiered testing approach similar to that employed in theI
Ocean Testing Manual. The Inland Testing Manual recommends an initial evaluation of existing
contaminant information (Tier I) to help identify potential areas of contamination and chemicals
of concern to evaluate. If the initial assessment or events indicate problems with sediment4
contamination, additional chemical testing (Tier 11) and biological testing (Tier HI1) is advocated.4

Policies

* Coastal Marshlands Protection Act
� Georgia Erosion and Sedimentation Act

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- Georgia Water Quality Control Act
- Shore Protection Act
- Revocable License Program (Georgia Administrative Procedures Act)
- Mountain and River Corridor Protection Act

Description

The Corps of Engineers uses a "reason to believe" test together with a tiered testing
approach to determine the necessity and type of testing required on dredged materials. These
procedures were formulated jointly by the U.S. Environmental Protection Agency and the Army
Corps of Engineers. This approach applies to both ocean and inland disposal sites. The Corps of
Engineers holds permittees to the same standards to which they are held.

Through its permits, the State of Georgia has the responsibility for protecting the public
interest and State-owned lands. The Coastal Marshlands Protection Act requires a consideration
of the public interest before a permit can be issued for a material disposal site in the marsh. The
Revocable License protects the State-owned tidal water bottoms; only activities that have
minimal impact on State property are issued a revocable license.

Federal permits are also required for projects involving the dredging or filling of
wetlands; permitted projects must meet the requirements of the federal Clean Water Act.

CHAPTER SIX

SECTION IV:
ENERGY FACILITY PLANNING

Energy facilities are important factors in economic growth, development, and national
defense. Maintaining Georgia's energy facility infrastructure is important for economic, public
health and safety, and environmental reasons. This section describes Georgia's energy facilities,
the planning process, and the management authority regarding energy in Georgia.

"Energy facilities" refer to any equipment or facility which is or will be used primarily in
the exploration for or the development, production, conversion, storage, transfer, processing, or
transportation of, any energy resource; or for the manufacture, production, or assembly of
equipment, machinery, products, or devices which are involved in any of these activities. The
term includes, but is not limited to, the following.

(1) Electric generating plants;
(2) Petroleum refineries and associated facilities;
(3) Gasification plants;
(4) Facilities used for the transportation, conversion, treatment, transfer, or storage of
liquified natural gas;
(5) Uranium enrichment or nuclear fuel processing facilities;
(6) Oil and gas facilities, including platforms, assembly plants, storage depots, tank
farms, crew and supply bases, and refining complexes;
(7) Facilities, including deepwater ports, for the transfer of petroleum;
(8) Pipelines and transmission facilities; and,
(9) Terminals which are associated with any of the aforementioned.

A. Energy Facilities in Georgia
Overall, most of the State's total energy comes from sources outside the State. Coal,
which is not mined in Georgia, furnishes about 30 percent of Georgia's energy consumption,
gasoline provides 20 percent, other petroleum products provide 20 percent, natural gas provides
20 percent, and hydro power and nuclear sources (combined) provide less than IO percent of
Georgia's total energy consumption.I
1. Georgzia's Electric Utilities

The generation, transmission, and retail distribution of electricity in Georgia is a complex4
network of competitive organizations. There are three types of retail distribution utilities for

< Partil1- 184 >

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electricity: cooperatives, investor-owned facilities, and municipal systems. Electric generating
plants are owned either jointly by two or more of these utilities or individually by one utility.
The U.S. Army Corps of Engineers owns hydroelectric generating facilities that provide some
electricity to these organizations. In addition, manufacturers (such as paper mills) in the coastal
area operate on-site steam and electricity co-generating plants to economically provide for their
own needs and sell excess electric generation to the utilities.

Georgia's electric power is generated through a combination of coal, oil, natural gas,
nuclear, and hydropower sources. Plants located in the coastal area include McIntosh, Kraft,
Riverside, and McManus. The electricity transmission system is integrated with the utilities and
interconnects all generating plants. Because the system is interconnected, there are not direct
delivery lines from specific generating plants to specific retail service areas. Electricity is
delivered to assigned retail service areas through the integrated transmission system. Each retail
service area has been delineated and assigned to a specific utility (cooperative, investor-owned,
or municipal) by the Georgia Territorial Act. The utility is obligated to serve all customers
located in that area. To promote competition, the Act allows customers having a connected load
greater than 900 kilowatts (e.g., a large grocery store, a small manufacturer) the opportunity to be
served by any of the utilities, regardless of location.

TABLE 6.2: Electric Utilities Located in the Coastal Area

Owner Plant Name Fuel Source Kilowatt Caoacitv (KW W)
Primary Fuel Plants:
GA Power McManus Oil 143,750
SE&P Mcintosh Coal 172,000
SE&P Kraft Coal/Gas 335,000
SE&P Riverside Gas 111,000
Combustion Turbine Plants:
GA Power McManus Oil 500,600
GA Power Mcintosh Gas 607,920
SE&P Kraft Gas/Oil 18,500
SE&P Mcintosh Ct. Gas/Oil 160,000
Hydro-electric Plants:
ACOE Hartwell Hydro 344,000
ACOE Richard B. Russell Hydro 300,000
ACOE Thurmond (S.C.) Hydro 280,000
TOTAL CAPACITY: 2,972,770

a. Investor-Owned Facilities and Servicers

Savannah Electric and Power Company and Georgia Power Company are investor-owned
utilities. They own power generation and transmission facilities in whole or in part, and provide

<Partil- 185 >

CHAPTER SIX

service in assigned retail service areas as well as to some customers with 900 kilowatts connected
load outside their assigned territory. Savannah Electric and Georgia Power do not provide
service to all the customers in the coastal area. Their assigned retail service areas generally
include larger municipalities and nearby areas.

Savannah Electric's assigned retail service area includes most of Chatham and Effingham
counties, plus parts of Bryan, Bulloch, and Screven counties. Georgia Power's assigned retail
service area includes Pembroke, Hinesville, Darien, Sapelo Island, Sea Island, St. Simons Island,
Brunswick, Kingsland, Folkston, Jesup, Ludowici, and nearby areas.

The plants and service network of investor-owned facilities such as Georgia Power and
Savannah Electric and Power Company are regulated by the Georgia Public Service Commission
and, therefore, are required to complete Integrated Resource Plans as defined by the Official
Code of Georgia Annotated (O.C.G.A. 46-3A) and the rules of the Georgia Public Service
Commission.

b. Electric Cooperatives

In addition to investor-owned facilities and service networks, there exist electric
cooperatives known as Electric Membership Corporations (EMCs). Oglethorpe Power supplies
electrical energy to the cooperatives in the coastal area for retail distribution. The EMCs'
assigned retail service areas are generally rural but include several municipalities and the suburbs
of other municipalities served by investor-owned utilities or municipal systems. There are six
EMCs in the coastal area: Planters EMC in parts of Effingham County; Excelsior EMC in a
portion of Effingham County; Canoochee EMC in parts of Bryan, Liberty, and Long Counties;
Satilla Rural EMC in parts of Wayne and Brantley Counties; Okefenokee Rural EMC in
Charlton, Camden, Glynn, and portions of Brantley Counties; and Coastal EMC in parts of
Bryan, Long, Liberty, and McIntosh Counties.

Oglethorpe Power owns portions of electric generation plants including Vogle, Hatch,
Wansley, Scherer, Rocky Mountain, and Talasee Shoals. Oglethorpe is also a co-owner in the
State's network of transmission lines and substations called the Integrated Transmission System.
This system provides the means for Oglethorpe to provide generated power to the EMCs and,
consequently, to its customers.

As cooperative organizations, Oglethorpe Power and the EMCs are not directly regulated
by the Georgia Public Service Commission. However, the generation plants that supply power to
their systems are owned in part by organizations that are regulated. Consequently, Oglethorpe
Power prepares regular Integrated Resource Plans to support the planning and maintenance of its
plants and service network similar to those required by the Georgia Public Service Commission.

< Part II- 186>

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c. Municipal Power Companies

The Municipal Electric Authority of Georgia (MEAG) provides power to 48 small-to-
medium sized cities around the State. MEAG was formed in 1975 to provide wholesale power to
smaller municipalities. However, none of the MEAG customer cities are located within the
coastal area.

d. Southeast Power Administration and the Army Corps of Engineers

The Army Corps of Engineers operates hydro-electric projects in two districts: the
Savannah District and the Mobile (Alabama) District. The Savannah District operates three
plants called Hartwell, Richard B. Russell, and Thurmond. The Thurmond Plant is actually
located on the South Carolina side of the Savannah River, but the Plant supplies a portion of its
power to Georgia users. The Hartwell Plant is due to be upgraded in 1996 with an addition of
82,000 Kilowatts of power and the Thurmond Plant is due for upgrading in the year 2003 with an
increase in capacity by 74,000 Kilowatts.

The planning and upgrading of Corps of Engineers generation facilities is governed by the
planning process of the Corps of Engineers. Their planning process is based upon maintenance
and safety reviews, updated on an annual basis, and is not necessarily demand-driven. As
federally-built and -operated systems, these generation plants are not regulated by the State of
Georgia or the Georgia Public Service Commission. However, Corps of Engineers projects are
subject to the federal consistency provisions of the Georgia Coastal Management Program.

2. Natural Gas

Natural gas is used as an energy source for residential, commercial, and industrial uses, as
well as for electric generating facilities. A large infrastructure exists to deliver natural gas to all
its users. Parts of Georgia are provided natural gas through Municipal Gas Distribution Systems,
some of whom are members of the Municipal Gas Authority of Georgia. Other portions of the
State are serviced by Atlanta Gas Light Company. Natural gas service is provided to all coastal
counties, with the exception of Brantley County, by Atlanta Gas Light Company. Claxton
Natural Gas Company provides natural gas service to the Pembroke area. Atlanta Gas Light and
Claxton Natural Gas Company operate their gas supply portfolios in accordance with the Federal
Energy Regulatory Commissions' regulations.

< Part II - 187 >

CHAPTER SIX

a. Natural Gas Pipelines

Two pipelines supply the coastal region and are owned by Southern Natural Gas
Company. The first line runs from the Augusta area to Savannah; the second line runs from
Macon to the Brunswick area.

b. Natural Gas Supplies and Liquefied Natural Gas

Atlanta Gas Light Company contracts, elects, or is assigned various types of natural gas
supplies. Firm transportation capacity and production area underground storage quantities are
acquired through wellhead supply contracts and the spot gas market. Firm transportation
capacity is supplemented through Liquefied Natural Gas (LNG) supplies and supplemental
underground storage allotments. There are three Liquefied Natural Gas plants, owned by Atlanta
Gas Light Company, located in Georgia but they are not in the coastal area. The supply of
liquefied natural gas is important to the natural gas supplies for the coast but the plants and their
management are not expected to impact the coastal area. A former LNG plant on Elba Island in
Chatham County may be re-opened by Southern Natural Gas Company as a peak shaving facility
with the intention of vaporizing LNG during the summer and winter peak load times. This
proposed re-opening should not require any new construction requiring dredging, land disturbing
activities, or pipeline construction. If this plant is expanded or if additional LNG facilities are
planned and constructed within the coastal area, these facilities will be subject to applicable
permit requirements and the oversight of the Georgia Public Service Commission.

c. Regulation of Natural Gas Utilities

The Atlanta Gas Light Company is regulated by the Georgia Public Service Commission
and is consequently required to have an approved Integrated Resource Plan. These plans are
designed to promote energy efficiency, to ensure long-term planning, and to identify future
demand and energy needs.

3. Oil and Gas Facilities. Facilities of the Transfer of Petroleum, and Petroleum Refineries

There are no oil and gas refining facilities in the coastal area of Georgia. For general use
of oil and gas, the rules for underground storage tanks (O.C.G.A. 391-3-15) apply to the coastal
area and to the entire State. The State ports handle and transfer petroleum products as part of
their normal course of business. When petroleum products are transported or transferred, the
rules of the U.S. Coast Guard apply. The coast of Georgia falls into two Coast Guard regions.
These regions have the responsibility and the authority for inspecting and enforcing vessels to
ensure that all of the requirements of the law are met pertaining to the transport and transfer of

< Part il- 188 >

USES SUBJECT TO MANAGEMENT

petroleum materials. As a federal agency, the Coast Guard is subject to the federal consistency
provisions of the Georgia Coastal Management Program.

4. Other Enermy Facilities

There are no substantial facilities of the following types that are located in or substantially
affect the coastal area: Petroleum Refineries and Associated Facilities; Gasification Plants; or
Uranium Enrichment or Nuclear Fuel Processing Facilities.

B. Projected Energy Supply and Demand

Both Savannah Electric and Power Company and Georgia Power perform long-term
prediction of energy demands for the State based upon economic models. The principal
economic variables used in the energy models include: real income, housing starts, non-
manufacturing employment, manufacturing employment, industrial output, and fuel prices. With
the exception of fuel prices, the figures used in the model are derived from the Georgia
Economic Forecast. Fuel prices are based upon the recommendation of the Southern Electric
System Fuel Panel, and are adjusted to reflect retail oil, gas, and electricity prices by customer
classes needed for use in the energy models. End-use technology information used in the
residential and commercial models comes from a variety of governmental and utility sources,
including the Electric Power Research Institute. Legislative and regulatory actions such as the
Clean Air Act, which affect the price or usage of electricity, are also considered.

The average annual growth rate of the Georgia territorial energy supply in Georgia
Power's forecast period (years 1994-2019) is projected to be 2.0 percent compared to 3.6 percent
for the period of 1980-1990. Some key economic variables, such as real personal income and
population, are expected to decline in the forecast period as compared to the 1980-1990 period.

The State of Georgia does not have any substantial proven natural gas reserves to utilize.
Therefore, Georgia does not produce raw Natural Gas or Liquefied Natural Gas, The most recent
data from 1993 indicate that Georgia stored and consumed approximately 344 billion cubic feet
of natural gas annually with all gas imported from other areas. This consumption of natural gas
represents approximately 20 percent of Georgia's total energy consumption.

< Part II - 189 >

CHAPTER SIX

C. Energy Planning, Applicable Laws, and Regulations

The energy planning and certification process in the State of Georgia is governed by
statute found in the Official Code of Georgia Annotated (Title 46, Chapter 3A) entitled
"Integrated Resource Planning," and also by the Rules of the Georgia Public Service Commission
(Chapter 5 15-3-4) entitled "Integrated Resource Planning." The Public Service Commission
requires plans for a variety of public services including power plants and natural gas suppliers.
The provisions in the rules of the Georgia Public Service Commission outline the requirement
for electric plants to have a plan, endorse the Public Service Commission with the ability to
enforce the requirement for a plan, and define the required components of the plan. Under the
requirements of Georgia law, integrated resource plans for utilities must contain the following
components.

(1) The utility's electric demand and energy forecast for at least a 20 year period;
(2) The utility's program for meeting the requirements shown in its forecast in an
economical and reliable manner;
(3) The utility's analysis of all capacity resource options, including both demand-side
and supply-side options, and sets forth the utility's assumptions and conclusions
with respect to the effect of each capacity resource option on the future cost and
reliability of electric service;
(4) The size and type of facilities that are expected to be owned or operated in whole
or in part by such utility and the construction of which is expected to commence
during the ensuing ten years or such longer period as the commission deems
necessary and shall identify all existing facilities intended to be removed from
service during such period or upon completion of such construction;
(5) Practical alternatives to the fuel type and method of generation of the proposed
electric generating facilities and set forth in detail the reasons for selecting the fuel
type and method of generation;
(6) Detail the projected demand for electric energy for a 20 year period and the basis
for determining the projected demand;
(7) Description of the utility's relationship to other utilities in regional associations,
power pools, and networks;
(8) Identification and description of all major research projects and programs which
will continue or commrence in the succeeding three years and set forth the reasons
for selecting specific areas of research;
(9) Any other information as may be required by the commission; and,
(I10) Convention of a public hearing on the adequacy Qf the plan within 60 days of the
filing of the plan.

< Part II- 190 >

USES SUBJECT TO MANAGEMENT

Utilities are not allowed to increase or decrease the capacity of any of the following: (1) A
generating unit of an electric power plant; (2) A long-term power purchase; or (3) A demand-side
capacity option by more than 15% without first obtaining a certificate from the Public Service
Commission that the public convenience or necessity requires such a change.

The rules of the Public Service Commission include specifications for site selection of
future energy facilities. Each utility's application may be approved if it is found to be in the
public interest and to comply substantially with the below site specifications. Additionally, each
Integrated Resource Plan filed by existing utilities must include, but are not limited to, the site
criteria discussed below. Plant site selection alternatives (for new utility sites) and site analysis
criteria (for existing sites) that must be addressed are listed below:

(1) Geological survey data and pertinent site geophysical characteristics, such as
seismic and groundwater conditions;
(2) Environmental factors which include, at a minimum:
(a) Air emission and compliance with the Clean Air Act and other clean air
regulations and constraints;
(b) Water emission including cooling water and other plant effluents as well
as compliance with all clean water regulations;
� Compliance with noise limitations;
(d) Local endangered species;
(3) Cultural and historic consideration such as properties of architectural, historical,
or archaeological significance (districts, sites, buildings, structures, and objects);
(4) Disposal alternatives, to ensure that the most environmentally benign and cost-
effective methods are implemented;
(5) Transmission network additions to connect the resource(s) to the bulk power
supply system.

Natural gas utilities, also regulated by the Public Service Commission, are required to file an
annual gas supply plan and to conduct a public hearing on such a filing (O.C.G.A. 46-2-26.5).

The Georgia Public Service Commission consists of five members elected by qualified
voters of the State. The Commission has supervisory powers over all gas or electric light and
power companies within the State and may require companies to establish and maintain public
services and facilities as may be reasonable and just. In addition, the Commission may prescribe
rules and regulations for the safe installation and operations of all natural gas transmission and
distribution facilities within the State (O.C.G.A. 46-2-20).

The Georgia Public Service Commission also has the power and authority to allocate any
utility service or to alter, amend, suspend, or terminate any existing rule in order to protect the
public health, safety, or welfare (O.C.G.A. 46-2-71). The Commission must hold a hearing

< Part II- 191 >

CHAPTER SIX

respecting any such changes and precede the action with a notice to those affected by the action,
except in cases of emergency. During emergency situations, the Commission may take action
and notify affected individuals as soon as practicable under the circumstances.

Under Georgia law and rules the Georgia Public Service Commission has the authority to
ensure that long term planning of energy and energy facilities occurs, is documented, and there is
ample opportunity for public comment in the process. The planning process requires that a
multitude of factors be taken into account including environmental concerns, assessments of
existing and future demands, energy conservation, maximizing net societal benefit, financial
planning, and regulatory constraints. Throughout this process, concerns in the national interest
are considered and addressed. As new facilities' sites are selected and facilities' integrated
resource plans are updated, these criteria are revisited and reviewed.

Through the Georgia Coastal Management Plan, the Coastal Resources Division
encourages the consideration of issues of regional and national interest and the consideration of
public health and welfare. Coastal Resources Division staff provides technical assistance with
energy facility planning to assist facilities to meet their requirements.

D. Public Involvement in the Energy Planning Process

The Official Code of Georgia Annotated (�46-3A-2(b)) requires that not more than 60
days after a utility has filed its plan, the Georgia Public Service Commission shall convene a
public hearing on the adequacy of the plan. The Commission shall determine: (1) the forecast
requirements are based upon substantially accurate data and an accurate method of forecasting;
(2) the plan identifies and takes into account any present and projected reductions in the demand
for energy that may result from measures to improve energy efficiency in the industrial,
commercial, residential, and energy-producing sectors of the State; and (3) the plan adequately
demonstrates the economic, environmental, and other benefits to the State and to customers of
the utility, associated with the possible measures and sources of supply.

Under circumstances where the Public Service Commission uses its authority to alter,
amend, suspend, or terminate existing rates, schedules, contracts, rules, or regulations, a hearing
must be held. In cases of emergency, the Commission may take action but must declare the
situation an emergency and must afford notice and hearing to the persons affected as soon as is
reasonably practicable (O.C.G.A. 46-2-7 1). These provisions of the law allow public
involvement in the energy planning process by providing an avenue for public input to proposed
changes to energy facilities. The law requires that public notice must be placed, that hearings are
held to discuss any issues, and, in cases of rule changes, the affected parties are properly notified.

< Part 11 - 192 >

USES SUBJECT TO MANAGEMENT

E. Policies

* Coastal Marshlands Protection Act
- Endangered Wildlife Act
- Georgia Air Quality Act
- Georgia Safe Drinking Water Act
- Georgia Underground Storage Tank Act
- Georgia Water Quality Control Act
* Groundwater Use Act
* Shore Protection Act
* Wildflower Preservation Act

F. Description

The Georgia Water Quality Control Act, Georgia Air Quality Act, Coastal Marshlands
Protection Act, Shore Protection Act, and Wildflower Preservation Act policies address water
quality, air quality, and habitat (including wetlands) concerns. The Shore Protection Act includes
policies to address potential impacts to the sand-sharing system. The Public Services
Commission requires that the national interest be considered in planning and siting energy
facilities. The Environmental Protection Division has initiated a Coastal Groundwater
Comprehensive Management Plan under the authority of the Safe Drinking Water Act and the
Groundwater Use Act. This plan includes consideration of energy facilities. The Georgia
Underground Storage Tank Management Rules regulate underground storage tanks, including
these on energy facilities.

< Part 11 - 193 >

CHAPTER SIX

~ CHAPTER SEVEN:

SPECIAL MANAGEMENT AREAS

Thus always does history, whether of marsh or market place, end in paradox. The
ultimate value in these marshes is wildness, and the crane is wildness incarnate. But
all conservation of wildness is self-defeating, for to cherish we must see and fondle,
and when enough have seen and fondled, there is no wilderness left to cherish.
Aldo Leopold
A Sand County Almanac

SPECIA L MA NA GEMEN T A REA S

The State of Georgia recognizes the need to address areas that are of particular
importance because of their coastal-related values or characteristics, or because they may face
pressures which require detailed attention beyond the general planning and regulatory system
which is part of the regulatory program. As a result, these areas require special management
attention within the terms of the State's overall coastal program. This special management may
include regulatory or permit requirements applicable only to the area of particular concern. It
also may include increased intergovernmental coordination, technical assistance, enhanced public
expenditures, or additional public services and maintenance to a designated area. "Special
Management Areas" are, therefore, areas of unique natural resource value, including those
exhibiting scarce or vulnerable natural habitats and physical features; those offering substantial
recreational value; those of particular economic value; and those of vital importance in protecting
and maintaining coastal resources. An area or resource must meet one or more of the following
criteria to be designated a Special Management Area.

(1) The area is a unique, scarce, fragile, or vulnerable natural habitat; a unique or
fragile physical figuration; or an area of historical significance, cultural value, or
scenic importance;

(2) The area demonstrates high natural productivity or essential habitat for living
resources, including fish, wildlife, and endangered species and the various trophic
levels in the food web critical to their well-being;

(3) The area is one of substantial recreational value and/or opportunity;

(4) The area is one where developments and facilities are dependent upon the
utilization of, or access to, coastal waters;

(5) The area has unique hydrologic, geologic, or topographic significance for
industrial or commercial development or for dredge material disposal;

(6) The area is one of urban concentration where shoreline utilization and water uses
are highly competitive;

(7) The area is one where, if development were permitted, it might be subject to
significant hazard due to storms, slides, floods, erosion, settlement, salt water
intrusion, and sea level rise; and/or

(8) The area is needed to protect, maintain, or replenish coastal lands or resources
including coastal flood plains, aquifers and their recharge areas, estuaries, sand
dunes, coral and other reefs, beaches, offshore sand deposits, and mangrove
stands.

< Part 11 - 197 >

CHAPTER SEVEN

SECTION I:
AREAS OF PARTICULAR CONCERN

This category of Special Management Areas includes areas or resources of such special
importance and concern that the State has established regulatory and/or management controls
over them. As development and implementation of the Georgia Coastal Management Program
continues, areas that may deserve particular attention or designation as Areas of Particular
Concern will be studied. Nominations of additional Areas of Particular Concern for inclusion in
the Coastal Management Program may be suggested by State agencies, federal agencies, local
governments, organizations, and interested private citizens. As long as the designation criteria
are met, the Coastal Resources Division may designate new Areas of Particular Concern as a
routine program change. Any addition that would require a change in the designation criteria
would constitute an amendment to the Program, subject to public review and Commissioner
approval as described in Chapter Four, Section II, Part E. Routine program changes and
amendments must be approved by the National Oceanic and Atmospheric Administration, Office
of Ocean and Coastal Resource Management (15 C.F.R. �� 923.80-923.84). The criteria for
designating an Area of Particular Concern are as follows.
(1) The area of concern must be inventoried and designated on a generic or site-
specific basis, or both;

(2) The area must be identified by location (if site specific) or category of coastal
resources (if generic) in sufficient detail that affected landowners, governmental
entities, and the public can determine with reasonable clarity whether a given area
is designated;

(3) In identifying areas, the nature of the concern must be described as well as the
basis on which designations are made;I

(4) The management program must describe how it addresses and resolves the
concerns for which areas are designated; and

(5) The management program must provide guidelines regarding priorities of uses in
these areas, including guidelines on uses of lowest priority.

The Coastal Zone Advisory Committee Task Force identified certain areas as areas of
concern because they are unique and either environmentally fragile or economically significant to
the coastal area and the State. This section describes the Areas of Particular Concern, along with
the policies appropriate to each area. Refer to Chapter Five, "IPolicies and Management
Authority," for more detailed descriptions of the applicable policies.

c Partll - 198 >

SPECIAL MANA GEMENT AREAS

TABLE 7.1: Inventory of Areas of Particular Concern

Areas of Historic, Archaeological, Cultural, and Paleoentological Significance
Barrier Islands
Marsh Hammocks
Aquifer Management and Protection
Economic Development Areas
Public Access and Open Space
Freshwater Wetlands
Navigational Channels
Beaches, Dunes, and the Sand-Sharing System
Rivers and Adjacent Wetlands
Shorebird Nesting Areas
Ocean Management

A. Areas of Historic, Archaeological, Cultural, and Paleoentological Significance

Fin~dings

Georgia's coastal area has a rich cultural history. Historic sites attract tourists and local
residents alike to learn about the life and history of their predecessors. As of January 1997, 112
historic resources in the coastal area have been nominated to the National Register of Historic
Places. The Regional Development Centers and the Department of Natural Resources, Historic
Preservation Division provide technical assistance and funding to help identify these resources.
Local communities and property owners are the critical link for nominating areas of historical
significance. Local governments are required by the Georgia Planning Act to include an
inventory of historic resources in their comprehensive plans. Without proper zoning protection,
historically-significant areas could be used for activities that would diminish their historical
value. It is important that local governments use their zoning powers to protect valuable historic
and cultural sites from the impacts of development.

Policies

- Coastal Marshlands Protection Act
- Georgia Comprehensive Solid Waste Management Act
- Historic Areas
* Revocable License Program (Georgia Administrative Procedures Act)
- Shore Protection Act
- Submerged Cultural Resources

< Partil1- 199 >

CHAPTER SEVEN

Description

The Historic Preservation Division is responsible for identifying historic and
archeological sites; for establishing, maintaining, and expanding the site inventory and register of
historic places; and for assisting local communities in designating and nominating sites for the
National Register. Local communities may initiate recognition of a site, and Regional
Development Centers may employ historic planners to assist local communities with the
application process.

The Historic Areas and Submerged Cultural Resources Code Sections establish the laws
for preservation of historic sites in Georgia. The Georgia Planning Act requires local
governments to address historic resources in their local comprehensive plan. The Real Estate
Unit of the Georgia Department of Natural Resources acquires property throughout the State
under various authorities and for various purposes, including historic preservation.

Under the Georgia Comprehensive Solid Waste Management Act, publicly-owned solid
waste facilities are required to identify and consider historic or cultural sites. Georgia law
specifies a 5,708 yard minimum distance from historic sites. Private facilities are limited by
local zoning requirements that are within the jurisdiction of local governments.

Within the jurisdiction of the Coastal Marshlands Protection Act, the Shore Protection
Act, and the Revocable License Program, potential disposal sites for dredging materials must
take into account significant historic, cultural, and archeological areas.

B. Barrier Islands

Findings

Eight major barrier islands and several smaller barrier islands lie along the Georgia coast,4
separated from the mainland by several miles of salt marsh. These islands currently support a
wide range of uses and activities, ranging from wildlife refuge and camping to residential and
commercial development. All of Georgia's approximately 88 miles of ocean beach is located on
the seaward side of these islands. This fact, combined with coastal Georgia's generally mild
climate, makes the barrier islands highly attractive for recreational and commercial development.

Ten of the islands are in public ownership. With one exception (Jekyll Island), these
islands lack causeway access and are designated wildlife management areas, heritage preserves,
and undeveloped recreational areas. Tybee Island, Sea Island, St. Simons Island, and Jekyll
island are the only barrier islands directly accessible by automobile and are thus the only islands

< Part 11 -200 >

SPECIAL MANVA GEMENT AREAS

where significant urban development has occurred. Approximately 65% of the total upland
acreage of the fifteen largest barrier islands is in public ownership (36% State and 29% Federal).
The Georgia barrier island system is the most undisturbed system of large barrier islands in the
United States. Section III of this chapter, "Shorefront Access and Protection Planning," provides
a more complete description of Georgia's beaches and barrier islands.

Policies

- Coastal Marshlands Protection Act
- Revocable License Program (Georgia Administrative Procedures Act)
-Shore Protection Act

Description

The Coastal Marshlands Protection Act, the Shore Protection Act, and the Revocable
License Program consider impacts on barrier islands when issuing permits. Development is
allowed if in the public interest. Local governments are responsible for zoning decisions for their
communities.

C. Marsh Hammocks

Findings

In addition to the barrier islands, there are forested islands called marsh hammocks
amidst salt marshes. Marsh hammocks exist for a number of reasons. Some are the remnants of
F ~~~old barrier islands formed during times of higher sea level; some are islands separated from
larger islands by erosion; some are formations from ballast dumped by ships during the colonial
era; some are dredge spoil disposal sites. Marsh hammocks act as protectors for other areas by
slowing erosion from high spring or flood tides, acting as wind barriers, and impeding
stormwater runoff. Marsh hammocks are botanically unique and can be valuable habitat for
eagles and other animal species, as well as rare plants whose seeds have washed ashore. In many
cases, Indian middens have been found on these islands. Marsh hammocks are unique scenic
counterparts to coastal marshes.

Marsh hammocks are sometimes developed for residential sites, used as platforms for
causeways, or used as wetland mitigation sites. As population and development pressures
increase, more interest in developing these small upland areas is expected. Since development of
these sites often requires considerable investment of infrastructure such as building causeways,
laying utility lines to more remote areas, as well as disrupting valuable habitat, the extent of

< Part Il1-201 >

CHAPTER SEVEN

marsh hammock development that is in the public interest must be carefully evaluated. Erosion
and sedimentation buffers help protect surrounding marsh.

Policies

� Coastal Marshlands Protection Act
� Georgia Erosion and Sedimentation Act

Description

Development and associated projects involving marsh hammocks have the potential to
impact marshlands. In particular, roads built to developed marsh hammocks may affect the
function of the surrounding marsh. All projects impacting salt marshlands are subject to the
jurisdiction of the Coastal Marshlands Protection Act. Residential, commercial, and industrial
development on marsh hammocks are subject to the 25 foot setback required of the Georgia
Erosion and Sedimentation Act. Local governments are responsible for zoning decisions in their
communities.

D. Aquifer Management and Protection

Findings

< Part 11- 202 >

SPECIALt MANIA GOEMENT A REA S

the coastal area, the groundwater level is influenced primarily by pumnping and not by recharge
from local precipitation. Instead, it is recharged with water where it is exposed near the fall line
that runs from an area south of Augusta towards Macon, through Albany to Bainbridge. The
aquifer flows from the fall line toward the ocean and provides water to the coastal area. The
Floridan aquifer supplies 50 percent of groundwater used in Georgia.

The major withdrawals from the Floridan aquifer occur in the Savannah and Brunswick
areas. Since pumping began in Brunswick during the late I1800's, withdrawals have lowered the
I ~ ~~level of the Upper Floridan aquifer and formed a cone of depression centered at Brunswick. This
water level decline has allowed saltwater to migrate upward into the Upper Floridan aquifer in
Brunswick from the Fernandina permeable zone. A cone of depression has also developed in
Savannah. The water level in the Upper Floridan aquifer in the Savannah area is mainly affected
by pumping for municipal and industrial uses. The water level in the Upper Floridan aquifer in
the Jesup-Doctortown area is mainly affected by industrial pumping at Doctortown, near Jesup.
Beneath the Floridan aquifer lie the Claiborne, Clayton, and Cretaceous aquifers. These aquifers
are less important as water sources for the coastal area.

As pressure on groundwater use increases and saltwater intrusion and lowering of the
water table limit the usefulness of the aquifer, groundwater management issues become more
pressing. The continued availability of high quality groundwater is a major limitation for
residential, commercial, and industrial development in coastal Georgia. Long-term planning for
alternative water uses such as surface water use, water conservation, and limiting excessive
withdrawals are necessary to ensure continued access to water and to allow continued economic
growth and achieve groundwater quality standards.

Policies

. Georgia Safe Drinking Water Act
* Groundwater Use Act
* Water Wells Standards Act

Description

The Georgia Safe Drinking Water Act charges the Department of Natural Resources,
Environmental Protection Division with the responsibility of maintaining the quality of drinking
water and maintaining a water-supply program adequate for present and future needs of the state.
The Division is also authorized to develop rules and policies for the proper administration of
drinking water programs.

< Part 11- 203 >

CHAPTER SEVEN

The Groundwater Use Act charges the Board of Natural Resources with the responsibility
to adopt rules and regulations relating to the conduct, content, and submission of water
conservation plans, including water conservation practices, water drilling protocols, and specific
rules for withdrawal and utilization of groundwater. The Environmental Protection Division
administers these rules and regulations. Groundwater withdrawals over 100,000 gallons per day
require a permit from the Division. Permit applications that request an increase in water usage
must also submit a water conservation plan approved by the Division Director. The
Environmental Protection Division has prepared a comprehensive groundwater management plan
for coastal Georgia that addresses water conservation measures, protection from saltwaterI
encroachment, and economic development issues.

The Water Wells Standards Act provides standards for siting, construction, operation,
maintenance, and abandonment of wells and boreholes. In the case of individual and non-public
wells, the Act requires that they be located as far from known or potential sources of pollutants
as possible. The Act establishes licensing requirements for drilling contractors and a State Water
Well Standards Advisory Council. The Council has the authority to adopt and amend rules and
regulations that are reasonable to govern the licensing of well contractors. Compliance with the
Act is required for all activities that use well water. The Council may file a petition for an
injunction in the appropriate superior court against any person that has violated any provisions of
the Act.I

E. Economic Development Areas

Findings

Continued economic growth is important to the economic health of the coastal area.
Local governments are encouraged to use comprehensive planning and zoning authority to guide
development at the local level. Through the Georgia Coastal Management Program, the Coastal
Resources Division provides information and technical assistance to local governments and
developers to assist the planning process and to ensure that appropriate coastal issues are
addressed. The Division's role includes providing technical and scientific information that
encourages sustainable development in order to make efficient use of resources without
degrading the coastal environment and quality of life. Making quality economic growth a
priority for the coastal region encourages long-term investment, economic stability, and
employment opportunities in years to come.

The median income varies among the coastal counties reflecting the diversity of
communities in the coastal area. Chatham County, which includes the City of Savannah, is the
most urban county and ranks highest for median income. The comparatively rural counties rank
lower for personal income levels. The coastal area has experienced strong population growth for

< Part 11 -204 >

SPECIAL MANA GEMENT AREA S

the period from 1980 to 1990. This population growth is expected to continue at an average of
20 percent per decade. Since increased population means increased use of resources and
increased demand for municipal services, development planning and resource management is
critical for the coastal area.

Although forestry and fishing are important employers in the coastal area, these industries
are expected to lag behind State and national growth trends for the period 1990 to 2005. The
service, communication, and transportation industries are expected to show the strongest growth
in Georgia. To maintain a healthy economy while protecting natural resources for current and
future residents, new development must be sustainable or carefully planned to minimize adverse
environmental impacts. Through the Coastal Management Program, resources are available to
provide planning and technical assistance, including referrals to experts and agencies.

Policies

P ~~~~~Currently, there are no Program policies in this category.

Description

Local governments are responsible for zoning decisions for their communities. These
governments may consider setting aside specific areas to promote and encourage economic
development. Regional Development Centers assist in planning efforts. The Coordinated and
Comprehensive Planning by Counties and Municipalities Act guides local planning.

F. Public Access and Open Space

Findings

Public access to recreational, wilderness, and other areas of the Georgia coastal area is of
paramount importance to a burgeoning population. Section IV of this chapter, "Shorefront
Access and Protection Planning," provides a summary of beach and natural areas within the
coastal area that can be easily accessed by the public. Section VI of Chapter Six, "Marine
Related Facilities," provides additional aspects related to public docks. Also refer to the Coastal
Resources Division publication, "Anglers Guide to Georgia's Saltwater Fishing Access Sites" for
information.

Policies

*Coastal Marshlands Protection Act

< Part 11 -205 >

CHAPTER SEVENV

� Georgia Fisheries Law Pertaining to Shellfish (Game and Fish Code)
* Georgia Natural Areas Act
* Georgia Scenic Rivers Act
* Georgia Scenic Trails Act
* Revocable License Program (Georgia Administrative Procedures Act)
* Shore Protection Act

Description

The Nongamne Wildlife Conservation and Habitat Acquisition Fund provides aI
mechanism for voluntary donations and tax refund allocations to establish a fund to acquire
property for wildlife habitat. The Georgia Department of Natural Resources has the authority
under Title 27-1-6 of the Official Code of Georgia Annotated to "acquire by purchase,
condemnation, lease, agreement, gift, or devise lands or waters suitable for ... fish hatcheries,
nursery ponds, game ponds, sanctuaries, reservations, and refuges ... and for wildlife restoration,
propagation, protection, preservation, management research or management ....." Programs such
as Preservation 2000 and RiverCare 2000 use State funding to acquire land for conservation and
alternative uses. These programs also encourage access to publicly-owned areas for recreational
and educational use. Any new tax incentive program will require legislative action.4

The Georgia Natural Areas Act authorizes the Department of Natural Resources to
identify areas in Georgia which are of unusual ecological significance, and to secure the d
preservation of such areas in an undisturbed state. The purpose of such acquisition is to allow for4
scientific study and education, to serve as an example natural area, and to enrich the quality ofN
Georgia's environment. The Act defines natural areas as tracts of land in their natural state to be
set aside and permanently protected, or managed for the purpose of preserving natural plant or
animal communities, rare or valuable members of such communities, or any other natural feature
of significant scientific, educational, geologic, ecological, or scenic value.

The Georgia Scenic Trails Act provides for a Georgia Scenic Trails System, in order to
provide for the increasing recreation needs of an expanding population, promote outdoor areas,
and provide an alternative to motorized travel. The Georgia Scenic Rivers Act defines scenic
rivers to mean those which have valuable scenic, recreational, or natural characteristics that
should be preserved for the benefit and enjoyment of present and future generations.

The Coastal Marshlands Protection Act, the Shore Protection Act, the Revocable License
Program, and Georgia Fisheries Law Pertaining to Shellfish include policies to prevent docks4
from having an adverse impact on navigation, marsh habitat, waterfowl, shellfish habitats, or
safety. Refer to section VI of Chapter Five, "Marine Related Facilities," for additional

< Part 11 -206 >

SPECIAL MANA GEMENIT AREAS

information about docks. Local governments are responsible for planning public access and open
space in their communities.

G. Freshwater Wetlands

Findings

There is no single definition of wetlands among wetland ecologists, managers, or
government regulators. Despite differences in wording, however, there is much agreement
among scientists with regard to areas or habitats that are wetlands. Problems in defining
wetlands stem from the nature of wetlands themselves, which vary greatly in their characteristics
and functions. Some wetlands are temporary or transient and some are degraded by dredging and
filling, thus making the functions of the wetlands difficult to determine. Most definitions of
wetlands include the following three attributes: saturation or inundation by water at some time
during the growing season; unique anaerobic soils called "hydric" soils; and "hydrophitic"
vegetation which is adapted to or tolerant of saturated soils.

Wetlands are some of the most productive natural areas in the world. limportant fish and
wildlife habitat, wetlands are the nursery areas for most of the fish and shellfish used for human
consumption. These fish and shellfish also depend on wetlands for breeding, spawning, feeding,
and cover. Migratory birds and waterfowl use wetlands for food, shelter, breeding, and wintering
grounds. Many other animal species, including many threatened and endangered species, rely on
wetland habitats.

Wetlands are critical to humans as habitat for commercially-important fish and shellfish
species, and as habitat for hunted waterfowl and fur-bearers. They also provide important
recreation areas for boaters, hunters, fishers, hikers, photographers, etc. Functionally, wetlands
are important in helping control flooding and erosion. They also are frequently located between
water bodies and high ground, thus serving as buffers. Finally, wetlands help improve water
quality and availability. They purify water by processing nutrients, suspended materials, and
other pollutants. They help increase water availability by absorbing water in wet seasons and
gradually releasing it during dry periods.

Policies

- Georgia Environmental Policy Act
- Georgia Erosion and Sedimentation Act
- Georgia Safe Drinking Water Act
- Georgia Water Quality Control Act
- Mountain and River Corridor Protection Act

< Part 11 -207 >

CHAPTER SEVENV

Description

Federal, State, and local laws have been passed to protect wetlands. Many development,
construction, agricultural, and silvicultural activities affect or are affected by wetlands. All
activities that impact the navigable waters and wetlands of the State require a federal permit from
the Corps of Engineers and a certification of consistency with State water quality laws under
Section 401 of the federal Clean Water Act. The Savannah District Corps of Engineers is
developing standard operating procedures for wetland mitigation which value wetland restoration
and enhancement greater than preservation in mitigating situations.

The Georgia Water Quality Control Act gives the Environmental Protection Division the
authority to restore and maintain a reasonable degree of purity in the waters of the State, to
maintain an adequate supply of such waters, to regulate where needed reasonable usage of State
waters, and to require reasonable treatment of sewage, industrial wastes, and other wastes prior to
their discharge into such waters. Implementing Rules of the Act include "wetlands" as "waters of
the State" to which the regulations are applicable.

The Georgia Erosion and Sedimentation Act requires a 25-foot setback for residential,
commercial, and industrial development. The Georgia Environmental Policy Act calls for an
environmental effects report when a proposed governmental action may significantly adversely
affect the quality of the environment. The Safe Drinking Water Act delegated authority to the
Environmental Protection Division to ensure that the drinking waters of the State are utilized
prudently to the maximum benefit of the people.

The Mountain and River Corridor Protection Act authorizes the Department of Natural
Resources to develop minimum standards and procedures for the protection of wetlands to be
used by local governments in developing, preparing, and implementing their comprehensive
plans. These include land use activities, land development densities, and activities which involve
alteration of wetlands.

H. Navigational Channels

Findings

Safe navigation of the rivers and estuaries of Georgia's coast are important considerations
for management, in conjunction with protection of natural resources. Section VI, "Marine
Related Facilities," and Section LII, "Transportation Facilities," provide additional information on
safe navigating and dredging in association with channel maintenance.

< Part H1- 208 >

SPECIA L MANIA GEMEN1T A REA S

Policies

-Coastal Marshlands Protection Act
- Georgia Boat Safety Act
- Georgia Erosion and Sedimentation Act
- Shore Protection Act

Description

The Coastal Marshlands Protection Act, the Shore Protection Act, and the Georgia
Erosion and Sedimentation Act require permits for dredging when excavating shipping channels
from the Atlantic Ocean to inland waters and associated sounds. If wetlands are involved, a
Section 401 Water Quality Certification is required under the federal Clean Water Act. The
Historic Preservation Division reviews dredging and excavation actions under Section 106 of the
National Historic Preservation Act to ensure protection of historic resources. Inland sites
include, but are not limited to, the Altamaha, Ogeechee, Satilla, Turtle, Brunswick, Savannah,
and St. Mary's Rivers and their sounds.

I. Beaches, Dunes, and Sand-Sharing System

Findings

Georgia's coast is comprised of barrier islands and marshes. All of Georgia's beaches and
dunes are found on the barrier islands. Major elements of the island-marsh-tidal system are
interrelated: sand beaches and dunes protect the islands from erosion and flooding; islands
protect the marshes from the force of storms; and marshes provide feeding and nursery grounds
for aquatic life. The dunes, beaches, and sediment transport provided by the rivers of Georgia
and neighboring states comprise the "sand-sharing system." This system is vitally important for
retaining the beaches and barrier islands.

Through the Georgia Coastal Management Program, the Coastal Resources Division
recognizes the need to protect the fragile sand-sharing system, while allowing recreational access
to the beaches and waterfront areas. This sand-sharing system, however, is evolving over time.
The impacts of unrestrained development can greatly exaggerate the migration of the barrier
islands, lead to flooding problems, and reduce the recreational opportunities provided by
Georgia's beaches. Careful planning and management of the sand-sharing system are essential to
continued and sustainable use of this resource.

< Part 11 -209 >

CHAPTER SEVENV

Policies

Shore Protection Act

Description

The Shore Protection Act limits activities along the shoreline and requires a permit for
certain activities and structures on the beach. Construction activity in sand dunes is limited to
temporary structures such as crosswalks, and then by permit from the Coastal Resources
Division. Structures such as boat basins, docks, marinas, and boat ramps are not allowed in the
dunes. The Act prohibits operation of any motorized vehicle on or over the dynamic dune fields
and beaches, except as authorized for emergency vehicles and government vehicles for beach
maintenance or research. The Act also prohibits storage or parking of sailboats, catamnarans, or
other marine craft in the dynamic dune field.

J. Rivers and Adjacent Wetlands

Findings

There are five major rivers (the St Mary's, Satilla, Altamaha, Ogeechee, and Savannah
Rivers) and several smaller, tidal rivers in coastal Georgia. Georgia's coastal salt marshes,
intertidal areas, and tidal water bottoms are the jurisdiction of the Coastal Marshlands Protection
Act, and comprise approximately 701,000 acres -- about one-third of all of the salt marshes on
the Atlantic Coast. The wetlands provide many useful functions, including stormn surge and flood
protection, nursery and spawning habitat for marine fish and shellfish, flushing and filtration of
land-borne contaminants, and migratory wildfowl nesting and feeding areas. They also provide
recreational fishing and boating activities and scenic vistas.

Wetlands and rivers are discussed elsewhere in this chapter, in part G, "Wetlands," of this
section, and in section IV, "Shorefront Access and Protection Planning." Protecting and
encouraging sustainable use of these valuable resources is of paramount importance to the
Georgia Coastal Management Program.

Policies

� Coastal Marshlands Protection Act
* Georgia Natural Areas Act
* Georgia Scenic Rivers Act
* Georgia Scenic Trails Act
* Georgia Water Quality Control Act

< Partil1- 210 >

SPECIAL MANAGEMENT AREAS

- Historic Areas
* Mountain and River Corridor Protection Act
* Submerged Cultural Resources

Description

Stormwater runoff from agricultural field and impervious surfaces (e.g., roads, rooftops,
parking lots), commonly empties into wetlands, streams, and embayments. This runoff often
contains contaminants such as nutrients from fertilizer, oil from cars, and toxics from pesticide
use. Contaminants are a significant cause of shellfish bed closures throughout the country and
the world. Section 402 of the Clean Water Act specifies requirements for municipalities to
develop and implement stormwater management plans, and to obtain appropriate National
Pollutant Discharge Elimination System (NPDES) permits. Savannah, the largest city and urban
area in the Georgia coastal area, has a stormwater management plan. The Environmental
Protection Division developed amendments to the Georgia Water Quality Control Act to provide
regulatory guidelines for stormwater runoff and discharges. Through the Georgia Coastal
Management Program, the Coastal Resources Division encourages development of stormwater
runoff systems that do not contaminate local waters; the Division can provide technical
assistance to help in these efforts.

Discharges must meet federal and State water quality standards. The Georgia Water
Quality Control Act is the State authority that addresses the issues and regulations necessary to
implement Section 402 of the federal Clean Water Act, the Nation Pollutant Discharge
Elimination System. State-funded programs such as Preservation 2000, River Care 2000, and
Heritage 2000 provide funds to acquire and manage lands for conservation and alternative uses.
The Georgia Scenic Trails Act authorizes the Department of Natural Resources to construct,
manage, and maintain a system of trails throughout Georgia.

The Georgia Natural Areas Act authorizes the Department of Natural Resources to
identify areas in Georgia which are of unusual ecological significance, and to secure the
preservation of such areas in an undisturbed state. The purpose of such acquisition is to allow for
scientific study and education, to serve as an example natural area, and to enrich the quality of
Georgia's environment. The Act defines natural areas as tracts of land in their natural state to be
set aside and permanently protected, or managed for the purpose of preserving natural plant or
animal communities, rare or valuable members of such communities, or any other natural feature
of significant scientific, educational, geologic, ecological, or scenic value.

The Georgia Scenic Rivers Act defines scenic rivers to mean those which have valuable
scenic, recreational, or natural characteristics that should be preserved for the benefit and

< Part II- 211 >

CHAPTER SEVEN

enjoyment of present and future generations. The Historic Areas and Submerged Cultural
Resources Code Sections also address historic resources.

K. Shorebird Nesting Areas

Findings

Nesting areas for shorebirds and waterfowl are important considerations for the
preservation of these species. There are hundreds of species of birds that either reside or migrate
through coastal Georgia. Some of these birds are endangered or threatened with extinction.
Others provide a valuable recreational opportunity for hunters and birdwatchers. All are part of
the biodiversity of the coastal area that provides stability to the coastal ecosystem. Development
considerations must comply with regulations implementing the federal Endangered Species Act
and the Georgia Endangered Wildlife Act. For those species not covered under these laws, it is
still important to recognize their significance in the coastal ecosystem during consideration of
any development activities.

Policies

� Coastal Marshlands Protection Act
� Endangered Wildlife Act
� Revocable License Program
� Shore Protection Act

Description

The Coastal Marshlands Protection Act recognizes coastal marshlands as important
habitat and protects these marshlands by limiting and requiring permits for activities and
structures in marsh areas. In establishing protections for sand dunes, beaches, sandbars, and
shoals, the Shore Protection Act contributes towards the protection of Shorebird Nesting Areas.
In addition, projects permitted under authority of the Coastal Marshlands Protection Act, the
Shore Protection Act, and the Revocable License require full compliance with the protection of
endangered or protected species.

The Endangered Wildlife Act provides for identification, inventory, and protection of
animal species that are rare, unusual, or in danger of extinction. The protection offered to these
species is limited to those that are found on public lands of the State. It is a misdemeanor to
violate the rules prohibiting capture, killing, or selling of protected species, and protection of
protected species on public lands. Some important Shorebird Nesting Areas are protected as
natural areas. Refer to Section II, "Areas of Preservation and Restoration."

< Part I - 212 >

SPECIAL MANA GEMENT AREAS

L. Ocean Management

Findings

The Atlantic Ocean is a substantial resource for Georgians. It provides food supplies, a
means of transportation, historic sites and relies, valuable live bottom habitat, and potential sites
for waste disposal and phosphate mining. As is the case on land, not all uses of ocean resources
are mutually compatible. Further, some ocean uses can have impacts on nearshore and land-
based resources. Mining and oil and gas activities, for example, can have severe and wide-
reaching environmental impacts.

Minerals are abundant in the marshes and estuaries, and phosphates and strategic
minerals (e.g. titanium) have been identified as resources with significant economic potential.
F ~ ~~Some dredging occurs for sand, gravel, and shell. The phosphate deposits of major economic
potential lie in upper Miocene strata in Wilmington, Little Tybee, Cabbage, and Wassaw Islands.
There are also indications of minable concentrations approximately 10 miles offshore. At least
800 tons of 100 percent bone phosphate of lime could be recovered at a profit using 1969
technology levels. Possible adverse impacts of phosphate mining include the destruction of large
areas of marsh-estuarine habitat, increased biological oxygen demand from sediment disturbance,
hydrologic changes and patterns of sediment disruptions, and accidental rupture of the
impermeable layer capping the aquifer and the consequent saltwater intrusion. Indirect impact on
industries such as fisheries, mariculture, recreation, and tourism could also occur.

Other ocean management issues such as transportation of hazardous materials and takings
of marine mammals can adversely affect habitat and biological populations. Regional
management of fisheries, through the South Atlantic Fisheries Council, is a well-recognized.
Other resources, however, have less defined management programs and are, therefore, more
vulnerable to exploitation. The State of Georgia's jurisdiction over the ocean extends three
nautical miles beyond the State's shoreline. Georgia can create laws and rules to regulate
L ~~~activities within this boundary. Beyond three miles, however, Georgia's direct authorities are
more limited. Certain activities that occur beyond the three-mirle limit that impact ocean and land
resources may be subject to State law through federal consistency (See Chapter Eight).

Policies

- Coastal Marshlands Protection Act
- Endangered Wildlife Act
- Erosion and Sedimentation Act
- Georgia Oil and Gas and Deep Drilling Act
- Shore Protection Act

CHAPTER SEVENI

Description

Georgia's Oil and Gas and Deep Drilling Act regulates oil and gas drilling activities to
provide protection of underground freshwater supplies and certain "environmentally sensitive"
areas. Implemented by the Board of Natural Resources, the Act establishes requirements for
drilling, casing, and plugging of wells for oil, gas, or mineral exploration.

The Georgia Endangered Wildlife Act and Wildflower Protection Act provide
exemptions for construction activities and are limited to enforcement on public lands only.
However, all State-issued permits must also ensure that the requirements of federal laws such as
the federal Endangered Species Act and the Marine Mammal Protection Act are met.

The Shore Protection Act and the Coastal Marshlands Protection Act regulate activities
which may affect the sand-sharing system, or coastal marshlands. Any near-shore ocean activity
may be subject to these Acts. In addition, activities outside State waters that may impact
Georgia's valuable sand-sharing system and marshland resources must comply with these acts
under the federal consistency provisions.

The Erosion and Sedimentation Act requires local governments to adopt a comprehensive
ordinance establishing procedures governing land-disturbing activities. The Act also requires
permits for specified land-disturbing activities such as the construction or modification of
manufacturing facilities, construction activities, certain activities associated with transportation
facilities, and activities on marsh hammocks. Exemptions include: surface mining, granite
quarrying, and minor land-disturbing activities such as home gardening, construction of single-
family homes built or contracted by the homeowner for his or her own occupancy, agricultural
practices, forestry land management practices, dairy operations, livestock and poultry
management practices, construction of farm buildings, Department of Transportation
construction and maintenance projects, and others.

< Partil - 214 >

SPECIAL MANAGEMENT AREAS

SECTION II:
AREAS OF PRESERVATION AND RESTORATION

This category of Special Management Areas includes those areas exhibiting scarce or
vulnerable natural habitats and physical features; those offering substantial recreational value;
and those of vital importance in protecting and maintaining coastal resources. The forests,
marshes, streams, beaches, and coastal waters warrant special attention in the State's coastal
management program because of their ecological and economic importance. The fact that these
are finite and limited resources which need careful preservation and thoughtful management is
increasingly evident. The following areas have been categorized as Areas of Preservation and
Restoration by because they, by definition, include procedures to designate the areas for the
purpose of preserving and/or restoring them for their conservation, recreation, ecological,
historical, and/or aesthetic values.

TABLE 7.2: Inventory of Areas of Preservation and Restoration

Heritage Trust Program Lands:
Ossabaw Island -- Chatham County
Richmond Hill Wildlife Management Area -- Liberty, Bryan, and Mcintosh Counties
Wormsloe Historic Site -- Chatham County
Little Tybee Island / Cabbage Island -- Chatham County
Altamaha River Corridor -- Mcintosh, Wayne, and Long Counties
Wildlife Management Areas:
Altamaha Wildlife Management Area -- Mcintosh County
Dixon Memorial Wildlife Management Area -- Brantley County
Little Satilla Wildlife Management Area -- Wayne County
Ossabaw Island Wildlife Management Area -- Chatham County
Paulk's Pasture Wildlife Management Area -- Glynn County
Rayonier Wildlife Management Area -- Wayne and Brantley Counties
Richmond Hill Wildlife Management Area -- Bryan and Mcintosh Counties
Sansavilla Wildlife Management Area -- Glynn and Wayne Counties
Richard J. Reynolds Wildlife Management Area -- Mcintosh County
State Parks and Historic Sites:
Crooked River State Park -- Camden County
Fort McAllister Historic Site -- Chatham County
Skidaway Island State Park -- Chatham County
Fort King George Historic Site -- McIntosh County
Hofwyl-Broadfield Plantation Historic Site -- Glynn County
Fort Morris Historic Site -- Glynn County
Wormsloe Historic Site -- Chatham County
Jekyll Island -- Glynn County
Sapelo Island National Estuarine Research Reserve -- McIntosh County

< Part II- 215 >

CHAPTER SEVEN

A. Heritage Trust Program LandsA

Heritage Trust Preserves within Georgia's coastal area, because of their unique natural,
historical, and cultural values, are designated Areas of Preservation and Restoration. The
Georgia Heritage Trust Program was established by the Heritage Trust Act of 1975. The purpose
of the Heritage Trust Program is to identify those areas in Georgia that exhibit unique natural
characteristics, special historical significance, or particular recreational values, and therefore
warrant protection through the acquisition of fee simple title or lesser interests, or by utilization
of other available methods. A "heritage area" is an area that has been identified by the Board of
Natural Resources as having significant historical, natural, or cultural value.

A heritage area that has been acquired by the Department of Natural Resources for the
Heritage Trust Program, and any other real property owned by the State of Georgia and under the
custody of the Department of Natural Resources, may be dedicated as a heritage preserve and
shall contain a designation of the best and most important use or uses for the particular area.
Heritage preserves, upon written recommendation of the Board of Natural Resources and
approval by the Governor, shall be held by the State in trust for the benefit of the present and
future generations of Georgia citizens. Heritage preserves may not be put to any use other than
the dedicated use or uses. Any lands within the coastal area dedicated as heritage preserves in
the future will also be designated as "Areas of Preservation and Restoration" by the Georgia
Coastal Management Program.

Priority of Uses for Heritage Trust Program Lands

(1) The dedicated uses of the specific heritage preserve;
(2) Uses that allow public enjoyment of the areas as long as the primary natural
character of the area is not disrupted;
(3) Uses that are compatible with the area's wildlife and wildlife management;
(4) Uses that jeopardize the integrity of the Heritage Trust Program are prohibited.

B. State Wildlife Management Areas

Wildlife Management Areas located within the coastal area are designated as Areas of
Preservation and Restoration. The Georgia Department of Natural Resources, Wildlife
Resources Division is empowered to acquire land areas and to enter into agreements with
landowners for purposes of managing wildlife species and establishing specific sanctuaries,
wildlife management areas, and public fishing areas. The Wildlife Resources Division
administers a management plan for each area that establishes short- and long-term uses and
guidelines for the protection and use of each specific area. These areas owned and/or managed
by the Wildlife Resources Division are important for conservation of wildlife and for recreational

< Partl - 216 >

SPECIAL MANA GEMENT AREA S

hunting and fishing opportunities. New acquisitions of wildlife management areas and public
fishing areas within Georgia's coastal area will be designated as Areas of Preservation and
Restoration. The Wildlife Management Areas within the jurisdiction of the Coastal Marshlands
Protection Act, the Shore Protection Act, and/or the Revocable License receive the additional
protection provided by these authorities.

Priority of Uses for State Wildlife Management Areas

(1) Uses that are consistent with the wildlife management area or public fishing areas
plan for each designated area; and
(2) Uses that are compatible with the area's wildlife, wildlife habitats, and wildlife
[ ~~~~~~management that simultaneously provide public recreational opportunities such as
hunting and fishing.

C. State Parks and Historic Sites

State parks and historic sites within the coastal area are designated Areas of Preservation
and Restoration. The Parks, Recreation, and Historic Sites Division of the Georgia Department
of Natural Resources is responsible for the maintenance and operation of State parks and historic
sites within the coastal area. These State parks and historic sites provide a wide variety of
recreational opportunities and educational programs to Georgia residents and visitors. The State
parks and historic sites within the coastal area also highlight many aspects of coastal Georgia's
natural and cultural heritage.

The Parks, Recreation, and Historic Sites Division prepares management plans and
regulates uses of each State park and historic site. Future additional State parks and historic sites
within the coastal area will be designated as Areas of Preservation and Restoration.

Prioritv of Uses for State Parks and Historic Sites

(1) Varied recreational activities open to the public;
(2) Non-intensive uses that require minimal feasible alteration and that maintain the
natural functions of the area; and
(3) Provision of educational opportunities to park visitors.

D. Jekyll Island

Jekyll Island is the sixth largest of coastal Georgia's barrier islands, with about 4,400
acres of upland. Jekyll was named for Sir Joseph Jekyll, the largest contributor to Georgia's

< Part II1-217 >

CHAPTER SEVEN

colonization. At one time, the English operated an outpost garrison on Jekyll to support the
fortifications of General Oglethorpe on St. Simons Island to the north. In 1886, the island was
purchased by a group of America's wealthiest families who developed it into the nation's most
exclusive resort of the time, the Jekyll Island Club. By 1900, the members of the Jekyll Island
Club represented one-sixth of the world's wealth. The club closed in 1942 at the outbreak of
World War II, and never reopened. The State of Georgia acquired Jekyll Island in 1947 for use
as a State park. In 1950, the State legislature established the Jekyll Island Authority (O.C.G.A.
12-3-230) to operate the island's facilities. The State purpose of the Authority is to maintain and
to protect Jekyll Island's resources using funds generated from its amenities, and to restore and
conserve the facilities. Jekyll Island is not, therefore, within Georgia's system of State parks. In4
1978, the Jekyll Island Club Historic District was designated a National Historic Landmark.

The Jekyll Island Authority is responsible for planning and regulating uses of Jekyll
Island within the guidelines established in the "Jekyll Island -- State Park Authority Act." Due to
Jekyll Island's unique recreational, historical, and cultural value, it is designated an Area of
Preservation and Restoration.

Priority of Uses for Jekyll Island

(1) Uses that preserve the historic and cultural values of Jekyll Island;J
(2) Varied recreational activities open to the public;
(3) Non-intensive uses that require minimal feasible alteration and that maintain the
natural functions of the island; and
(4) Provision of educational opportunities to visitors.

E. Sapelo Island National Estuarine Research Reserve

Congress created the National Estuarine Research Reserve System (NERRS) in 1972, in
order to develop a system of estuarine reserves that represents a wide range of coastal and
estuarine habitats found in the United States and its territories. In 1975, Georgia proposed the
Duplin River estuary as a national estuarine sanctuary. The U.S. Department of Commerce,
National Oceanic and Atmospheric Administration (NOAA) studied and approved the State's
proposal, and the site received designation as the Sapelo Island National Estuarine Sanctuary in
December 1976. Sapelo Island was the second estuarine sanctuary designated as part of the
national system. These protected estuarine areas are now know as the National Estuarine
Research Reserve System. As part of the national program, Sapelo Island represents the
Carolinian biogeographic region.

< Partl - 218 >j

SPECIAL MANA GEMENT AREA S

The Sapelo Island National Estuarine Research Reserve (SINERR) occupies almost one-
third of Sapelo Island. Sapelo Island is the fourth largest Georgia barrier island, and one of the
most pristine. The reserve, about 6000 acres, is made up of the Duplin River estuary, maritime
forest, and beach and dune areas. The Duplin River estuary includes unspoiled coastal marsh and
tidal creeks. This area represents one of the earth's most biologically productive systems and was
formed at its present location five to ten thousand years ago. Not only is the island rich in natural
history, but also in human history dating back over 6000 years.

The Georgia Department of Natural Resources manages the SINERR in conformance
with the applicable NOAA regulations for the National Estuarine Research Reserve System and
with a memorandum of agreement between the two agencies. The two primary purposes of the
SINERR are to protect natural and cultural resources, and to allow scientists to investigate and
research the functions of the estuarine system. Public education and compatible recreation use
are also part of the SINERR's program. The University of Georgia Marine Institute operates a
major research center within the SI!NERR that provides scientists from around the world the
opportunity to study estuarine and marine resources, geologic development of barrier islands and
associated shoreline processes. Research at the Institute has generated more that 600
publications.

The Sapelo Island National Estuarine Research Reserve is an Area of Preservation and
Restoration due to its important research, educational, and recreational attributes.

Priority of Uses for Sapelo Island NERR

The priority of uses for Sapelo Island National Estuarine Research Reserve are those
research, educational, and recreational activities conducted within the guidelines and regulations
established for National Estuarine Research Reserves, and the goals and objectives established by
the Department of Natural Resources with assistance from the SLNERR Advisory Committee.

< Part 11 -219 >

CHAPTER SEVENIV

SECTION III:
SHOREFRONT ACCESS AND PROTECTION PLANNING

A comprehensive coastal management plan must provide a definition of the term "beach"
and a planning process for the protection of, and access to, public beaches and other public
coastal areas of environmental, recreational, historical, aesthetic, ecological or cultural value.
Georgia has defined "beach" in the Shore Protection Act (O.C.G.A. 12-5-230, et seq.) as "a zone
of unconsolidated material that extends landward from the ordinary low-water mark to the line of
permanent vegetation." Management consideration of public beaches and other public areas
within the purview of the Georgia Coastal Management Program provides a planning framework
for shorefront access and protection.

The coast of Georgia extends about 100 linear miles from the mouth of the St. Mary's
River in the South to the mouth of the Savannah River in the North. The Savannah, Ogeechee,
Altamaha, Satilla, and St. Mary's Rivers, as well as several smaller tidal rivers, empty into the
Atlantic Ocean along Georgia's coast. The coast is characterized by an extensive system of salt
marshes, tidal estuaries, and sounds that separate a series of eight major and several smaller
barrier islands from the mainland. The "shoreline" of Georgia, therefore, is estimated to be more
than 2,344 miles long when including all tidally-influenced shores. Unlike many other areas of
the East Coast, approximately two-thirds of Georgia's islands are parks, refuges, or preserves.
Georgia's coastal marshes comprise approximately one-third of the remaining salt marshes on the
Atlantic Coast. All major elements of the island-marsh-tidal system are interrelated: sand
beaches and dunes protect the islands from erosion and flooding; the islands protect the marshes
from the force of storms; and the marshes provide feeding and nursery grounds for aquatic life.

A. Georgia's Barrier Islands

All of Georgia's beaches are located on the barrier islands, and most are ocean-facing.
Georgia's 13 barrier islands comprise about 76,300 acres and include approximately 88 miles of
beach. The largest island, Cumberland Island, has approximately 16.9 miles of beach on its
15,100 acres. Ossabaw, Sapelo, and St. Simons islands are also larger than 10,000 acres.

Of the 88 miles of beaches, approximately 19 miles have easy public access. All of the
beaches in Georgia belong to the citizens of Georgia and are open to the public to the ordinary
high water mark. Access to most of Georgia's beaches is difficult because they are located on
islands not connected to the mainland by roads. While all of Georgia's beaches are accessible by
boat, access is limited, for safety reasons, to non-motorized boats on Tybee, Sea, St. Simons, and

< Part II - 220 >

SPECIAL MANA GEMENT AREAS

Jekyll Islands. Motor vehicle traffic is prohibited on all of Georgia's beaches, except by permit
from the Department of Natural Resources.

TABLE 7.3: Inventory of Georgia's Barrier Islands

Island Approximate Acreage Approximate Miles of Beach
Tybee 1,500 3.4
Little Tybee 1,600 3.0
Wassaw 2,500 6.0
Ossabaw 11,800 9.5
St. Catherines 7,200 11.0
Blackbeard 3,900 7.5
Sapelo 10,900 5.6
Little St. Simons 2,300 6.5
Sea 1,200 3.8
St. Simons 12,300 3.8
Jekyll 4,400 8.0
Little Cumberland 1,600 2.4
Cumberland 15,100 16.9

Totals 76,300 88.3

Tybee Island

The northernmost of Georgia's barrier islands, Tybee Island is located within a short drive
from Savannah, the largest city in Georgia's coastal area. Tybee Island's approximately 3.4 miles
of beach are easily accessible by dune crosswalk structures and paths. There are three parking
areas for beach access that can accommodate approximately 1500 cars. A fee of $5.00/day is
charged between St. Patrick's Day (March 17) and Labor Day (or longer if warm weather
prevails). There are also approximately 1500 metered parking spaces on streets in close
proximity to the beaches. The combined revenue from the parking fees amounted to
approximately $44,000 in 1994. The revenue is collected and used by the city of Tybee Island
for law enforcement, lifeguards, beach maintenance, etc. There is one fishing pier with parking.
Additionally, there are several private parking lots. There are three public dune crosswalk
structures on the north end of the Island, eight public crossovers at the ends of streets that
terminate at the dunes, as well as many privately-owned dune crossovers. The beach
renourishment in 1995 included artificial dune construction, with re-vegetation of the artificial
dunes and construction of three additional public dune crossover structures.

< Part 1 - 221 >

CHAPTER SEVEN

Little Tybee Island

State-owned and managed as a Heritage Preserve, Little Tybee is accessible only by boat
and open to the public for day-use only.

Wassaw Island

Federally-owned and managed as a Wildlife Management Area, Wassaw is accessible
only by boat. Use of the island is limited to tours conducted by the U.S. Fish and Wildlife
Service.

St. Catherine's Island

Privately-owned and managed by the New York Zoological Society as a wildlife
preserve, St. Catherine's is accessible only by boat and is not open to the public. Several exotic
species, such as Grevy's Zebras, Palm Cockatoos, and Ring-Tailed Lemur are raised on the island
for subsequent release back into the wild.

Ossabaw Island

State-owned and managed as a Heritage Preserve and Wildlife Management Area,
Ossabaw is accessible only by boat and is restricted to hunting only.

Blackbeard Island

Federally-owned and managed as a Wildlife Management Area, Blackbeard is accessible
only by boat. Public access is controlled by the U.S. Fish and Wildlife Service.

Sapelo Island

State-owned and managed in part as a Wildlife Management Area, Sapelo is accessible
only by boat. Use of the Wildlife Management Area is restricted to hunting and primitive
camping. A "pioneer campsite" with limited restroom and shower facilities is available. The
Georgia Department of Natural Resources operates a scheduled ferry service to the island. There
are a limited number of private residences and tourist-related facilities on the island. The Sapelo
Island National Estuarine Research Reserve (SINERR), operated by the Georgia Department of
Natural Resources in conjunction with the National Oceanic and Atmospheric Administration,
provides educational and research opportunities on the island. SINERR also includes the upland,
marsh, and ocean areas in close proximity to Sapelo Island.

< Part II - 222 >

SPECIALI MA NA GEMENVT A REA S

Wolf Island

Managed by the U.S. Fish and Wildlife Service as a Nature Preserve, Wolf Island is
F ~~~accessible only by boat. There is no beach on the island.

Little St. Simons Island

Privately-owned, Little St. Simon is accessible only by boat. Tours and lodging are
available by reservation. Lodging is limited to small bed-and-breakfast facilities.

Sea Island

A privately-owned residential island, Sea Island is accessible by automobile via a
causeway from St. Simons Island, and by boat. There is no land-side access to public beaches,
except the areas associated with the Cloister Hotel complex, available to guests of the hotel only.
There are no public parking areas on the island, and no access to beaches from the public
thoroughfares. Although the beaches are public, they can be accessed by non-motorized boat
only. Sea Island (as well as Tybee, Jekyll, and St. Simons Islands) has a boating safety zone that
prohibits motorized boating within 1,000 feet of the shore, limiting beach access to sailboats,
kayaks, surfboards and other non-motorized water craft. The southern end of the island is most
easily accessible by boat from East Beach on St. Simons Island.

St. Simons Island

With approximately 14,000 permanent residents, St. Simons Island has the largest human
population of Georgia's barrier islands. The island is accessible by causeway from the mainland,
by boat, and by air. The public beaches on St. Simons Island are easily accessible. There are 24
specific beach access points and nine overlooks. Nineteen of the access points are improved with
a county-provided crosswalk. Seventeen access points have a total of 677 public parking spaces,
five of which are reserved as handicapped parking. The largest parking lots, providing direct
access to the beaches, are located at East Beach and Massengale Park. There is free public
parking near the fishing pier that is within easy walking distance of beaches. There are four areas
equipped with public restrooms: Neptune Park (near the Pier), the Lighthouse, Massengale Park,
and First Street (near the old Coast Guard Station). The facilities at Massengale Park include
picnic tables and barbecue grills. The facilities at East Beach include a fenced and lockable
storage site for non-motorized water craft, and a unique crosswalk structure that allows boats to
be hauled across the dunes with minimum impact. Bike trails throughout the island connect to

the beaches.

< Part 11 -223 >

CHAPTER SEVEN

Jekyll Island

Jekyll Island is State-owned and operated by the Jekyll Island Authority. There is a $2.00
per day parking fee that is collected upon arrival to the island. Access to the island is via a
causeway from the mainland. In addition to golf courses, hotels, and convention facilities, Jekyll
Island offers excellent public access to the approximately eight miles of beaches. There are 15
beach access locations associated with hotels on the island, all of which provide dune crosswalk
structures and parking facilities. There are beach access provisions on 13 streets in residential
areas of the island, all of which have paths to the beach and three of which have crosswalk
structures. There are nine public beach areas that provide over 2,500 parking spaces and
crosswalk structures. Four of these areas provide access facilities to accommodate handicapped4
individuals. There are also three picnic areas, with 185 parking spaces and crosswalk structures
to provide access to the beach. One of the picnic areas provides facilities to accommodate the
handicapped. There is a full-featured campground for tents and recreational vehicles that is
within walking distance to the beach and a fishing pier.

Little Cumberland Island

Little Cumberland is privately-owned and accessible only by boat. There is limited
access to the beaches, and public access to the rest of the island is prohibited.

Cumberland Island

Federally-owned and managed by the National Park Service as a National Seashore,
Cumberland is accessible only by boat. A scheduled ferry service operates daily, with a limit of
300 persons allowed on the island each day. There are a few private residences, and a limited
number of primitive camp sites on the island which must be reserved in advance. Cumberland
Island hosts a community of feral ponies.

B. Access to Non-Beach Shorefront and Marsh Areas

In addition to the 88 miles of beaches, there are approximately 2,200 miles of shorefront
on coastal Georgia's rivers and marshes. Access to these areas is provided in each of the eleven
coastal counties by private and public roads, boat ramps, and hiking trails. The waterways are
public property and easily accessible by boat for recreational fishing, birdwatching, photography,
and other activities. Several private entrepreneurs offer guide service for nature observation,
fishing, and hunting. Private hunting and fishing clubs are found throughout the region.4

< Part 11- 224 >

SPECIA L MANIA GEMENVT A REA S

The Parks, Recreation, and Historic Sites Division of the Department of Natural
Resources offers canoe trips on the Altamaha and Satilla Rivers, and several private companies
offer kayak and canoe trips on the rivers and marsh areas throughout coastal Georgia. Several
State and federal parks are located adjacent to marshes or rivers, and offer short hiking trails. A
few even provide nature guidebooks or trail markers to help identify plant and animal species
that might be encountered, as well as historical and cultural information about the area. Scenic
overlooks and historical markers alongside roadways are found throughout coastal Georgia.

C. Planning for Beach and Shorefront Access

There is a variety of public and private beachfront property in coastal Georgia. Access to
the beaches is often limited to water craft only. Tybee Island, Sea Island, St. Simons Island, and
Jekyll Island have a boating safety zone that prohibits the use of motorized craft within 1000 feet
of the beach, thereby further limiting beach access to non-motorized water craft. This is not a
serious limitation on Tybee Island, St. Simons Island, or Jekyll Island, but is a serious restriction
to the use of Sea Island's beaches.

The Georgia Planning Act (O.C.G.A. 45-12-200, et seq.) requires each local government
to develop a comprehensive plan to guide growth and development as a condition to receive State
I ~ ~~funding assistance. On the federal level, the Intermodal Surface Transportation Efficiency Act
(ISTEA) of 1991 mandates a "continuing, comprehensive, and cooperative" transportation
planning process for the state and urbanized areas. This planning effort must include alternative
modes of transportation such as bicycling and walking. The Act provides a link between
community transportation planning and planning for local recreation trails.

Under the Georgia Planning Act, minimum planning standards were developed for the
preparation, adoption, and implementation of local comprehensive plans. The planning standards
constitute a three-step planning process: inventory and assessment; needs and goals; and
implementation and strategy. Assistance for preparing the recreational component of local
comprehensive plans is provided by the "Georgia Recreation Planning Manual -- A Manual for
Georgia Communities" prepared by the Parks, Recreation and Historic Sites Division. Technical
assistance is also available from the Recreational Technical Assistance Office at the University
of Georgia's Institute of Community and Area Development, the Regional Development Centers,
and various other civic, student, and citizen groups.

As part of the development of local comprehensive plans, the assessment, need, and
development of coastal access is addressed by local governments in the coastal area. There are
six counties located directly on the coast. Only two of the coastal counties, Chatham and Glynn,

< Part 11- 225 >

CHAPTER SEVENV

have beaches that are easily accessible by automobile or trail; the beach on Tybee Island is
located in Chatham County, and the beaches of St. Simons Island and Jekyll Island are located in
Glynn County. As a State-owned island, ordinances governing Jekyll Island are developed and
implemented by the Jekyll Island Authority. Sea Island is also located in Glynn County, but its
beaches are not easily accessible. All of the other beaches in Georgia are located on islands that
are not easily accessible and are not addressed in local comprehensive management plans.

D. The Role of Georgia's Coastal Management Program

Through the Georgia Coastal Management Program, the Coastal Resources Division
seeks to ensure public access to beaches and other areas of the ocean front, and to protect and
maintain those areas as a sustainable resource. Not a land use doctrine, the Coastal Management
Program provides a management framework through which local land use decisions can be4
coordinated with all interested parties. Georgia's Coastal Management Program facilitates beach
and shorefront access through the following activities.
Publicize Public Access

The staff at the Coastal Resources Division publicizes and promotes public access to
Georgia's beaches through newsletters, public speaking engagements, participation in communityI
festivals, and other outreach venues and media.

Provide Technical Assistance

The Coastal Resources Division, Habitat Management Program provides technical
assistance for permitted activities within Georgia's coastal marshlands and shore sand-sharing
system. Experts in the regulatory requirements of the Coastal Marshlands Protection Act and the
Shore Protection Act, staff provide site analyses and technical advice for construction of piers,
crosswalks, fences, etc., within the jurisdiction of these laws.

Acciuire Prop~erty for Coastal Access

Most public recreational facilities in the coastal area (as throughout the State) are
financed in full or in part by the U.S. Department of the Interior, National Park Service. Permits
for parks, tourist-oriented or commercial recreation facilities within the jurisdiction of the
Coastal Marshlands Protection Act and the Shore Protection Act are administered by the
Department of Natural Resources Coastal Resources Division.

< Part 11 -226 >

SPECIAL MANAGEMENT AREAS

Several legal authorities allow the State of Georgia to acquire property for various
reasons, including recreation. The Georgia Scenic Trails Act (O.C.G.A. 12-3-110, et seq.)
provides authority to construct, manage, and maintain trails throughout Georgia, including beach
access trails. The Nongame Wildlife Conservation and Wildlife Habitat Acquisitions Fund is a
program funded by voluntary tax deductions to acquire wildlife habitat and to support
educational activities about wildlife. The Uniform Conservation Easements Act provides a
mechanism for landowners to enter into agreements with charitable organizations or government
agencies to develop easements for portions of their property for public access, conservation,
recreational, or other purposes, in exchange for tax benefits. The Department of Natural
Resources also has broad authority to acquire property for the citizens of Georgia for recreational
and conservation purposes. Another mechanism to acquire properties are Land Trusts, which are
charitable organizations established to acquire and manage properties for conservation or similar
purposes. These represent just a few of the legal mechanisms for acquiring property for public
access to coastal areas.

The Georgia Greenways Council is a coalition of trail organizations and local, State, and
federal agencies involved with trail development. The Council promotes the protection of linear
corridors and coordinates the development of trails throughout the State. A proposed Coastal
Water Trail, the aquatic equivalent of the Appalachian trail, will run along Georgia's coast from
the Savannah River to the St. Mary's River. This trail will provide routing for sea-kayaks and
other small craft, and will include access trails, boat launching sites, and camping opportunities.
Since most of Georgia's beaches are accessible only by water and some are restricted to non-
powered watercraft, a sea-kayak trail will provide increased accessibility.

The Georgia Department of Natural Resources, Wildlife Resources Division is
empowered to acquire land areas and to enter into agreements with landowners for purposes of
managing wildlife species and establishing specific sanctuaries, wildlife management areas, and
public fishing areas. The Wildlife Resources Division administers a management plan for each
area. The management plan establishes short- and long-term uses for each area, and provides
guidelines for protection and use of the area. The areas owned and/or managed by the Wildlife
Resources Division are important for conservation of wildlife and also for recreational hunting
and fishing opportunities. Wildlife management areas within the salt marsh and shore areas
receive the additional protection provided by the Coastal Marshlands Protection Act and the
Shore Protection Act.

Encourage Beach Access on County and Municipal Properties

Through the Georgia Coastal Management Program, the Coastal Resources Division
works with municipal and county planning agencies and commissions to promote and enhance
coastal access. In addition to coordinated permit activities, the Coastal Resources Division

< Part II - 227 >

CHAPTER SEVENV

provides technical expertise for design considerations that maximize dune protection while
enhancing beach access.

Develop) a Model Coastal Access Ordinance

In 1994, the Georgia Department of Community Affairs, in coordination with the U.S.
Environmental Protection Agency and the Georgia Department of Natural Resources, developed
a "Model Wetland Protection Ordinance" for use and adoption by local governments. The model
provides a cookbook approach for adoption of a wetlands protection ordinance that can be
amended by local governments. Through the Coastal Management Program, the Coastal
Resources Division provides technical assistance to develop similar model ordinances for coastal
access that can be used by local governments when developing local zoning ordinances.

< Part 11- 228 >

SPECIAL MANA GEMENT AREAS

SECTION IV:
SHORELINE EROSION AND HAZARD MITIGATION PLANNING

Shorelines naturally move and shift due to the constant energy forces from water and
wind, as well as the deposit of materials along the land/water interface. These accretion and
erosion cycles can be affected by both natural events and human activities. In turn, the cycles
affect structures, property values, flood hazards, nesting areas, and other social and ecological
factors.

The total length of coastal Georgia's shoreline has been estimated at 2,344 miles, which
ranks eleventh of the 36 coastal states and territories. Georgia's ocean-front beaches constitute
approximately 88 linear miles of the total shoreline. Georgia's beaches are located on the
seaward side of barrier islands, of which only four are readily accessible by automobile (Tybee
Island, St. Simons Island, Sea Island, and Jekyll Island). These four barrier islands contain about
19 miles of ocean beaches. Due to their automobile accessibility, these four barrier islands are
also Georgia's only islands where development has substantially impacted the beach's natural
sand-sharing system and dynamic sand dune fields. Coastal Georgia's less accessible barrier
islands have retained their dynamic sand dune fields and natural cycle of beach erosion and
accretion.

The majority of coastal Georgia's 2,344 miles of shoreline is contained within the
hundreds of salt water rivers and creeks that intertwine the 378,000 acres of salt marsh lying
between the barrier islands and the mainland. Some fairly severe erosion in tidal rivers has been
observed, along the Ogeechee River at seven-mile bend and along the Crooked River at Elliott's
Bluff, for example. Erosion and sedimentation control is a primary consideration in the
evaluation of all permit applications for activities within the jurisdiction of the Coastal
Marshlands Protection Act.

Shoreline erosion of beaches in coastal Georgia is of paramount concern on only about 19
miles out of the total 88 miles of beach. Jekyll Island is owned by the State of Georgia and
operated by the Jekyll Island Authority as a resorttrecreational park. Jekyll Island has
approximately eight miles of beach that has never undergone artificial renourishment. St.
Simons Island is predominately used for private residences and tourist-related businesses. Public
access to St. Simons' approximately 3.8 miles of beach is maintained by the Glynn County
government. Shore stabilization structures are prevalent on St. Simons Island's beach, which has
P ~~~never been artificially renourished.

Sea Island is privately-owned and is operated by the Sea Island Company as a residential
resort community. Public land access to Sea Island beaches is restricted. Sea Island has about
4.7 miles of beach which underwent privately-funded renourishment projects in 1986 and 1990.

< Part It1-229 >

CHAPTER SEVEN

Tybee Island is privately-owned and is the most densely-developed barrier island in Georgia.
Residential and commercial development dominate Tybee Island. Public access to Tybee Island's
beach is managed by the City of Tybee Island. Tybee Island's 3.4 miles of beach was artificially4
renourished in 1976, 1987, 1993, and 1995.

The primary State management authority for shoreline stabilization and beach erosion
control is embodied in the Shore Protection Act. The Coastal Resources Division, through the
Shore Protection Committee, issues permits for any shoreline engineering activity or land
alteration on beaches, sand dunes, bars, or submerged shoreline lands. The Shore Protection Act
contains provisions for two distinct alternatives in addressing shoreline erosion. The first
alternative, erosion control activities, includes beach restoration and renourishment, artificial
dune construction, and construction and maintenance of groins and jetties. The second
alternative, shoreline stabilization, includes construction of revetments.

In addition to shoreline erosion, natural processes such as storms and hurricanes can
result in hazards to people and property through resulting wind, waves, and rising and falling
water. There are two approaches to reducing damage from storms and hurricanes: engineering
solutions and land-use planning. Engineering solutions may be directed at the environment (e.g.,
jetties, sea walls) or at structures (e.g., stilts, break-away walls). Many engineering modifications
of the environment, however, can result in problems elsewhere on the coastline. Thus, the Shore
Protection Act limits structures on Georgia's beaches. Land-use planning recognizes that certain
areas (e.g., inlets, beaches) are more hazardous than others (e.g., areas protected by dunes and
vegetation). Through policies such as the Shore Protection Act, which recognizes that coastal
sand dunes, beaches, sandbars, and shoals help protect "real and personal property and natural
resources," and the Marsh Protection Act, which recognizes that marshes "provide a great buffer
against flooding and erosion," Georgia addresses coastal hazards. While land-use planning is the
responsibility of local governments, through the Georgia Coastal Management Program the
Coastal Resources Division can assist with hazard mitigation planning by providing technical
assistance and pass-through funding.

Policies

� Coastal Marshlands Protection Act
* Endangered Wildlife Act
* Georgia Erosion and Sedimentation Act
* Georgia Water Quality Control Act
* Revocable License Program (Georgia Administrative Procedures Act)
* Shore Protection Act

< Part II1-230 >

SPECIAL MANIVAGEMENT AREAS

Description

The Coastal Resources Division does not initiate erosion control activities. Permit
applications for erosion control activities are made to the Division by the governing entity or
private owner of the barrier island on which the activity is proposed. Beach restoration and
renourishment techniques are preferable to shoreline stabilization activities since stabilization
structures separate land from sea by maintaining the shoreline at its present position. Permits are
granted for shoreline stabilization structures when the applicant has demonstrated that loss of
property due to erosion is inevitable and that no reasonable or viable alternative exists.

Erosion control activities include beach restoration and renourishment, sand dune
construction, and the construction and maintenance of groins and jetties. Local government units
and private owners of barrier islands are encouraged to develop comprehensive beach erosion
control programs that include continuous monitoring of erosion and accretion rates. Permittees
of erosion control activities are required to conduct monitoring of the project's effectiveness and
possible adverse impacts to adjacent properties. Permit applications must include beach
monitoring (profile) data. Permittees of erosion control activities must also post a cash forfeiture
bond payable to the State to cover the expenses of removal or modification of structures deemed
responsible for adverse impacts to adjacent properties.

The State of Georgia has its own list of protected animals and plants that State-issued
permits must address. In addition to the State's protected species there is a federal list of
threatened and endangered species, many of which are included on the State's lists. Just like
individual citizens, the State of Georgia must obey federal law. Therefore, when the State of
Georgia issues permits, it holds the responsibility of ensuring that federal laws are not violated by
the permitted activity. To this effect, State-issued permits must include provisions, if applicable,
to protect endangered species. Additional federal laws such as the Migratory Bird Act, the
Marine Mammal Protection Act, and Standard Manatee Conditions also apply if applicable
protected species may be adversely impacted by the project.

The Coastal Marshlands Protection Act, the Shore Protection Act, and the Revocable
License Program consider impacts on shoreline areas when issuing permits. Development is
allowed if in the public interest. Local governments are responsible for zoning decisions for their
communities. Residential, commercial, and industrial development in shoreline areas are subject
to the 25-foot setback required of the Georgia Erosion and Sedimentation Act.

The Georgia Water Quality Control Act gives the Environmental Protection Division the
authority to restore and maintain a reasonable degree of purity in the waters of the State, to
maintain an adequate supply of such waters, to regulate where needed reasonable usage of the
State waters, and to require reasonable treatment of sewage, industrial wastes, and other wastes
prior to their discharge into such waters.

< Part II - 231 >

CHA~~~~~~~PERt SEVEN2

I
1E CHAPTER EIGHT:

FEDERAL CONSISTENCY

I i I

When we try to pick out anything by itself, we find it hitched to everything else in the
universe.
John Muir
I~~~ 111A!

When we try to pick outanything by itself, we indi ice oeeyhn lei h
r Il~~uiverse
i~ ~ ~ ~ ~ ~ ~ ~~~~~~onMi

FEDERAL CONSISTENCY

The federal Coastal Zone Management Act requires that federal actions within or outside
the coastal zone that affect any land or water use or natural resource of the coastal zone shall be
carried out in a manner which is consistent with the enforceable policies of approved state coastal
management programs. This concept is known as "federal consistency," and is a benefit
available only to those states that have a federally-approved coastal management program.

The benefits to Georgia of the consistency requirement include improved coordination
and cooperation with federal agencies, effective application of State laws for federal activities,
and better resource protection. Federal consistency is a powerful tool that Georgia can use to
review most federal actions affecting the coastal area. Based on effects rather than geographic
boundaries, there are no categorical exclusions from the consistency requirement. Maximum
benefit to Georgia requires that the State pay regular attention to proposed federal actions,
develop and implement adequate consistency procedures, and notify federal agencies of the
State's assertion of consistency.

To maximize the consistency benefits, the regulations implementing the Coastal Zone
Management Act require that a single state agency, usually the lead coastal management agency,
perform the consistency functions. As lead agency for the Georgia Coastal Management
Program, the Coastal Resources Division performs the consistency functions for the State of
Georgia. This provides uniform application of Georgia's coastal management policies, efficient
coordination of all coastal management requirements, comprehensive coastal management
review, and a single point of contact for federal agencies to discuss consistency issues.

Since the Georgia Coastal Management Program is a networked program that relies on
other State agencies to implement the statutory authorities with which each is charged, there are
special considerations for the federal consistency process. Consistency concurrence by the State
for a federal activity can be achieved in either of two ways -- by issuance of all applicable State
permits, licenses, or certifications, or by issuance of a consistency decision from the Coastal
Resources Division for those activities that do not require a State permit, license, or certification.
The Coastal Resources Division is the coordinating agency in both cases, i.e., the Division serves
as the single point of contact to notify the federal agencies that all necessary State permits have
(or have not) been issued and that the proposed activity is (or is not) consistent with the State
laws that comprise the policies of the Georgia Coastal Management Program. In those instances
where an activity requires a State permit, but additional policies also apply (even though the
activity does not require other State permit), the Coastal Resources Division will ensure that the
activity complies with all policies before issuing an affirmative consistency decision.

< Part 1I - 235 >

CHAPTER EIGHT

Generally, when a federal permit program has been delegated to the State of Georgia,
State implementation of the federal permit is not subject to the federal consistency process. For
example, the U.S. Environmental Protection Agency delegated the National Pollution Discharge
Elimination System (NPDES) permit program in Georgia to the State. When Georgia issues its
NPDES permit, federal consistency does not apply as the permit is no longer a federal pen-nit, but
is a state pen-nit. With respect to the Section 401 Water Quality Certification Program, while
Section 401 of the federal Clean Water Act gives Georgia the ability to certify that a federally-
permitted activity will comply with State water quality standards and other appropriate
requirements of State law set forth in the certification, the underlying federal permits (e.g., Clean
Water Act Section 404 permits) are still subject to federal consistency. Also, for direct federal
activities, the issuance of a State 401 Water Quality Certification would not necessarily mean
that the activity was consistent with other relevant State Coastal Management Program policies.

Procedures for federal consistency review are defined in the following Section. Section 11
describes the appeals process and conflict resolution procedures. Section III lists the federal
actions reasonably likely to affect Georgia's coastal area and therefore subject to federal
consistency.

< Part 1[1-236 >

FEDERAL CONSISTENCY

SECTION I:
FEDERAL CONSISTENCY PROCEDURES

The following types of federal actions must be consistent with the policies of the Georgia
Coastal Management Program, as defined in Chapter Five of this document. Program policies
are comprised of Georgia State law.

(1) Direct federal activities -- activities and development projects performed by a
federal agency, or a contractor for the benefit of a federal agency;
(2) Federal license or permit activities -- activities not performed by a federal agency,
but requiring federal permits or licenses or other forms of federal approval;
(3) Plans for the exploration or development of, or production from, any area which
has been leased under the Outer Continental Shelf Lands Act; and
(4) Federal financial assistance to state agencies and local governments.

The Georgia Coastal Management Program is a comprehensive networked program with
direct authority over certain activities and permits. The Program also relies on other State
agencies to administer certain management authorities to help implement the full range of
policies necessary for comprehensive coastal management. As designated lead agency for the
Georgia Coastal Management Program, it is the role of the Coastal Resources Division to
coordinate the various agencies on coastal matters, including federal consistency procedures.
Each of the State agencies networked in the Georgia Coastal Management Program manages its
own responsibilities, issues its own permits, administers its own federal grant monies, etc. One
role of the Coastal Resources Division, as required in the federal Coastal Zone Management Act
and designated in the Georgia Coastal Management Act, is to conduct federal consistency
reviews. This is accomplished by coordination between the State agencies. State agencies
involved with the Coastal Management Program are linked by Memoranda of Agreement
(MOAs). These MOAs require notification of activities within the coastal area or that affect the
coastal area.

In its simplest form, the consistency process involves two stages: (1) a consistency
determination or certification is made by a federal agency or federal permit applicant regarding a
proposed activity that affects the coastal area, and; (2) the Coastal Resources Division makes a
consistency decision, i.e., concurs with or objects to the consistency determination or
certification of the federal agency or permit applicant. The Division's role is to ensure that each
relevant State permit is issued before the corresponding federal permit is issued. The Coastal
Resources Division does not usurp the authority of any other State agency -- rather, the Division
provides the necessary coordination to review federal activities in the coastal area. Agencies
requiring guidance on consistency review procedures for the Georgia Coastal Management
Program should contact the Coastal Resources Division.

< Part 11- 237 >

CHAPTER EIGHT

A. Direct Federal Activities and Development Projects

Summary

(1) The federal agency proposing an activity or development project within or outside
Georgia's defined eleven-county coastal area determines if the proposed activity
will have reasonably foreseeable effects upon any land use, water use, or natural
resource of the coastal area.
(2) If effects are reasonably foreseeable, the federal agency submits a consistency
determination to the Coastal Resources Division at least 90 days before final
approval of the federal activity or project.
(3) The Coastal Resources Division shall provide public notice of the federal agency's
consistency determination and consider public comments when making its
consistency decision.
(4) The Coastal Resources Division has 45 days (plus appropriate extensions, if
granted) to agree or disagree with the federal agency's consistency determination.
(5) Georgia waives its right to consistency if the Coastal Resources Division does not
meet its time frames.
(6) Direct federal activities must comply with all applicable enforceable policies of
the Georgia Coastal Management Program (i.e., Georgia laws), even when the
federal agency is not normally required to apply for a State permit in all cases.
(7) If there is a dispute between the federal agency and the Coastal Resources
Division over the consistency decision, either party may seek mediation from the
Secretary of Commerce or informal negotiation from the National Oceanic and
Atmospheric Administration, Office of Ocean and Coastal Resources
Management.

Description

Each federal agency activity within or outside the coastal zone that has reasonably
foreseeable effects on any land or water use or natural resource of the coastal zone (including
development projects) shall be carried out in a manner that is consistent to the maximum extent
practicable with the enforceable policies of approved state management programs. 16 U.S.C. �
1456(c). The requirements for direct federal activities are found at 16 U.S.C. � 1456(c). Direct
federal agency activities are any functions performed by or on behalf of a federal agency in the
exercise of its statutory responsibilities. Such activities do not include the granting of a federal
license or permit. A federal development project is a federal activity involving the planning,
construction, modification, or removal of public works, facilities, or other structures, and the
acquisition, utilization, or disposal of land or water resources.

< Part 11 - 238 >

FEDERAL CONSISTENCY

Federal agencies proposing activities, whether within or outside the coastal area, must
first determine if the activity will have reasonably foreseeable effects upon any coastal use or
resource. Effects include cumulative and secondary effects. If such effects are reasonably
foreseeable, then the federal agency must submit a consistency determination to the Coastal
Resources Division no later than 90 days before final federal action on the proposed activity. If
the federal agency determines that an activity is not reasonably likely to affect coastal uses or
resources, then the federal agency may have to provide the Coastal Resources Division with a
"negative determination" at least 90 days prior to the public action.

The federal agency should contact the Coastal Resources Division at the earliest possible
moment in the planning of the activity to ensure early State and federal coordination and
consultation. Early consultation with the Division reduces potential conflicts as the activity
progresses.

There is no categorical exemption for any federal activity. If a federal activity is likely to
affect coastal uses or resources, then consistency applies. However, the President may exempt a
specific federal activity (but not a class of federal activities) under certain circumstances. See 16
U.S.C. � 1456 (c)(1)(B). A federal activity affecting Georgia's coastal area must be conducted in
a manner that is consistent to the maximum extent practicable with Georgia's approved Coastal
Management Program. This requires federal activities to be fully consistent with the policies of
the Georgia Coastal Management Program unless compliance is prohibited based upon the
requirements of existing law applicable to the federal agency's operations. Thus, a federal
activity may deviate from full consistency if legally required (as opposed to a general notion or
claim of national security). Finally, federal agencies may deviate from full consistency with an
approved program when such deviation is justified because some unforeseen circumstances (e.g.,
an emergency situation) arising after the approval of the management program present the federal
agency with a substantial obstacle that prevents complete adherence to the approved program.

While the form of the consistency determination may vary, it must include a detailed
description of the proposed activity, its expected coastal effects, and an evaluation of the
proposed activity in light of the applicable policies of the Georgia Coastal Management Program.
More specifically, the consistency determination should state, generally, the enforceable statutory
provisions and regulations of the Georgia Coastal Management Program; detail the analysis by
which the federal agency has determined that its project is consistent to the maximum extent
practicable with the relevant policies of the Coastal Management Program; provide an analysis of
coastal effects (or reference pages of the NEPA document if appropriate); provide information,
data, and analysis supporting the determination of consistency with the policies of the Coastal
Management Program; and notify the Coastal Resources Division that it has 45 days (plus any

< Part - 239 >

CHAPTER EIGHT

appropriate extension) from receipt of the determination and supporting information in which to
agree or disagree with the determination.

The listing in Section III details those direct federal activities that Georgia deems will
have reasonably foreseeable effects on coastal uses or resources. While the Coastal Resources
Division, on behalf of the State of Georgia, will monitor unlisted federal activities and will notify
federal agencies when an unlisted activity requires consistency review, it is the responsibility of
federal agencies to comply with the consistency requirement and notify the Division for all
federal activities (listed or unlisted) affecting Georgia's coastal area. The failure of the Division
to either list federal activities in the Georgia Coastal Management Program Document or to
monitor unlisted federal activities does not remove the requirement for federal agencies to
provide the Coastal Resources Division with consistency determinations when the federal agency
independently concludes that the proposed activity will affect coastal uses or resources.

Upon notification of a federal agency's consistency determination, the Coastal Resources
Division shall issue public notice of the consistency determination in accordance with the
Georgia Administrative Procedures Act. The Division shall consider public comments when
making its consistency decision.

If the Coastal Resources Division agrees with a federal agency's consistency
determination, the agency may immediately proceed with the activity. If the Coastal Resources
Division disagrees with the consistency determination, the Division's disagreement must describe
how the proposed activity is inconsistent with enforceable policies of the Georgia Coastal
Management Program. The Division must also detail alternative measures (if they exist) that
would allow the activity to be conducted in a manner consistent to the maximum extent
practicable. In the event of a disagreement, the Division and the federal agency will attempt to
resolve differences during the remainder of the 90-day period. The federal agency may,
notwithstanding Coastal Resources Division disagreement, proceed with the activity as long as
they clearly describe to the Division the specific legal authority (i.e., the statutory provisions,
legislative history, or other legal authority) that limits the agency's discretion to comply with
Georgia Coastal Management Program policies. Either party may seek non-binding formal
Secretarial mediation or informal negotiation, as described in Section 11.

< Part 11- 240 >

FEDERAL CONSISTENCY

B. Federal License or Permit Activities

Summary

(1) The Coastal Resources Division, or the NOAA Office of Ocean and Coastal
Resources Management determines the effects of a proposed license or permit.
(2) An applicant for any required federal approval submits a certification of
consistency with the permit application if the activity is listed in Section mll or, if
unlisted, the Office of Ocean and Coastal Resource Management finds that the
activity will have reasonably foreseeable effects on any coastal use or resource.
(3) Public notice shall be provided by a Joint Public Notice (JPN) with the relevant
federal agencies, and, if applicable, according to the Georgia Administrative
Procedures Act and the rules of the authorizing State agency that evaluates the
relevant permits.
(4) The Coastal Resources Division has up to six months to respond, but must notify
the applicant if review will exceed three months. The Coastal Resources Division
coordinates with other State agencies on the status of State permits, and the time
frame for the consistency decision is driven by the State permitting agency (or
agencies). Response will always occur immediately following issuance of
relevant State permits.
(5) The Coastal Resources Division must either concur with or object to the
applicant's certification of consistency. Issuance of all relevant State permits for
the same activity constitutes concurrence.
(6) The federal agency cannot issue approval until the Coastal Resources Division
concurs. If all relevant State permits are issued, concurrence may be presumed.
(7) The applicant may appeal the Coastal Resources Division's federal consistency
objection to the Secretary of Commerce. Appeals over State permits are subject
to State appeals processes. If a State permit is appealed in favor of the applicant
through the State appeals process, the Divisions consistency objection is
automatically overturned.

Description

A private individual or business, or a State or local government agency, or any type of
non-federal entity, applying to the federal government for a required permit or license or any
other type of an approval or authorization, must follow the requirements of the Coastal Zone
Management Act section 307(c)(3)(A) (16 U.S.C. � 1456(c)(3)(A)).

Applicants for federal licenses, permits, or other approvals, must certify to the Coastal
Resources Division that the proposed activity, whether in or outside the coastal area, affecting

< Part II - 241 >

CHAPTER EIGHT

any land or water use or natural resource of the coastal area, will be conducted in a manner that is
consistent with the policies of the Georgia Coastal Management Program. Section Eff of this
chapter lists those federal license or permit activities deemed reasonably likely to affect any
coastal use or resource. Unlisted activities may also require a consistency certification.

The applicant shall furnish to the federal permitting agency a consistency statement
certifying that the proposed activity complies with and will be conducted in a manner consistent
with the policies of the Georgia Coastal Management Program, i.e., State laws. The submitted
statement shall include a declaration similar to the following: "The proposed activity complies
with the policies of Georgia's approved Coastal Management Program and will be conducted in a
manner consistent with such program." By making this statement certifying consistency, the
applicant understands that Georgia State law and associated regulations define the enforceable
policies of the Georgia Coastal Management Program, and that the project must fully comply
with all relevant State laws and rules and regulations. If any State pen-nits are necessary for the
proposed project, the relevant State application will include the statement of consistency. The
appropriate State agency shall notify the Coastal Resources Division of the permit application
consistency certification.

Public notice shall be provided in conjunction with the federal permit by Joint Public
Notice (JPN), but in no instance shall it provide less than the public notice requirements of the
Georgia Administrative Procedures Act and the rules of the authorizing State agency. If there is
no JPN procedure, the Coastal Resources Division shall issue public notice in accordance with
the Georgia Administrative Procedures Act.

Georgia's federal consistency procedures do not add additional time to the State's review
of State permit applications. The consistency procedures do ensure compliance with Georgia's
Coastal Management Program, and ensure that federal actions are conducted in a manner that is
consistent with the policies of the Coastal Management Program.

If the applicant obtains all relevant State permits within six months of submitting the
State and federal permit applications) to the relevant State agency, then the issuance of these
State permits constitutes the State's federal consistency concurrence and the federal agency may
issue its approvals. The Coastal Resources Division assists in coordinating State and federalI
agencies, tracking permit issuances, and notifying federal agencies once all relevant State permits
have been received.

If a State permitting agency denies the permit application within the six month period,
then that denial constitutes the State's federal consistency objection and the federal agency may
not issue its approval. If, at any time, the applicant successfully appeals the permit denial to a
State administrative body, or otherwise modifies the permit application and obtains the State
permit, then the activity will be consistent with the policies of the Georgia Coastal Management

< Part 11 -242 >

FEDERAL CONSISTENCY

Program and the federal agency may issue its approval. The Coastal Resources Division serves
to coordinate State and federal agencies, track permit denials and issuances, and notify federal
agencies of permit denials and issuances.

If a State permitting agency has not acted upon a permit within the six month period, then
that activity will be deemed inconsistent with the Georgia Coastal Management Program,
provided the Coastal Resources Division, within the six month period, notifies the applicant and
the federal agency in writing that the State objects to the activity and that the federal agency may
not issue its approval. Once, and if, the applicant obtains relevant State permits then the activity
will be consistent with the Coastal Management Program, and the federal agency may then issue
its approval.
If, following receipt of the consistency certification, the Coastal Resources Division
determines that no State permits are needed or that other State authorities as outlined in Chapter
Five apply, the Division will issue a consistency decision within six months. The Coastal
Resources Division will coordinate its consistency review with the relevant networked Georgia
Coastal Management Program agencies.

C. Outer Continental Shelf Pernifts or Licenses

(1) Similar to the process for federal permits or licenses.

Description

A private person applying to the federal government for outer continental shelf (OCS)
exploration, development, and production activities must follow the requirements of the Coastal
Zone Management Act, Section 307(c)(3)(B) (16 U.S.C. �1456(c)(3)(B)).
Any person who submits to the U.S. Department of the Interior an OCS plan for the
exploration of, or development of, or production from, any area leased under the Outer
Continental Shelf Lands Act, must certify to the Coastal Resources Division that any activities
proposed in such OCS plans will be conducted in a manner consistent with the policies of the
Georgia Coastal Management Program. The process and requirements for this section generally
p ~~~mirror those of federal license or permit activities discussed above.

An applicant for an OCS permit or license that does not have a corresponding State
permit must submit a consistency certification and supporting data and information to the Coastal
* ~~~Resources Division and the permitting federal agency. The Coastal Resources Division will

< Part 11 -243 >

CHAPTER EIGHT

coordinate its consistency review with the relevant networked Georgia Coastal Management
Program agencies, and issue its consistency decision within six months of receipt of the
certification and supporting information.

D. Federal Financial Assistance Activities

Summar

(1) Either a State agency or a local government applies for federal financial
assistance. The activity may be a listed or an unlisted activity, which must be
determined by the Coastal Resources Division.
(2) The Georgia State Clearinghouse Procedures must be followed for submission of

_____________an application and Coastal Management Program review.
Description

A State agency or local government applying for any form of federal assistance for anI
activity reasonably likely to affect any land or water use or natural resource of Georgia's coastal
area must follow the requirements of the Coastal Zone Management Act, Section 307(d) (I16
U.S.C. � 1456(d)). The federal agency may not grant any federal assistance until the Division
finds an application consistent.

The Georgia State Clearinghouse notifies the Coastal Resources Division of applications
for federal financial assistance. Public notice of the application shall be provided by the Coastal
Resources Division according to the Georgia Administrative Procedures Act. Federal financial
assistance applications for projects requiring State approvals are automatically deemed consistent
with the Georgia Coastal Management Program policies once all relevant State approvals have
been issued.

If the Coastal Resources Division determines the proposed project to be inconsistent with
Georgia Coastal Management Program policies, a formal objection will be provided to the
Georgia State Clearinghouse, the applicant, the federal agency, and the National Oceanic and
Atmospheric Administration, Office of Ocean and Coastal Resource Management. Objections
will be provided to the Georgia State Clearinghouse within the standard sixty-day review period,
except for any programs established by the Clearinghouse requiring a thirty-day review period, in
which case the Division will respond within those time limits. The objection shall describe how
the proposed project is inconsistent with specific policies of the Georgia Coastal Management
Program and alternative measures (if they exist) which, if adopted by the applicant agency, would
permit the proposed project to be conducted in a manner consistent with the policies of the
Coastal Management Program. The Division may object based on the failure of the applicant to

< Part 11 -244 >

FEDERAL CONSIS TENC Y

provide adequate information; in this case, the objection must describe the nature of the
information requested and the necessity of having such information to determine consistency.
The objection shall include a statement informing the applicant agency of a right of appeal to the
Secretary of Commerce.

The federal agency may not grant the financial assistance if the State determines it to be
inconsistent with the policies of the Georgia Coastal Management Program unless the applicant
agency appeals the objection and the Secretary of Commerce overrides the State's objection.

If the Coastal Resources Division determines that all application for federal assistance
outside of Georgia's defined eleven-county coastal area is subject to consistency review, the
Division shall immediately so notify the applicant agency, the federal agency, the Georgia State
Clearinghouse, and the Office of Ocean and Coastal Resource Management. Any objection by
the Division to the proposed activity shall be made according to the Georgia State Clearinghouse
schedule described above. If the Division determines it to be inconsistent with the policies of the
Georgia Coastal Management Program, the federal agency may not grant the financial assistance
except if the activity is consistent with the objectives or purposes of the federal Coastal Zone
* ~~~Management Act or if the activity is necessary in the interest of national security.

< Part 11 -245 >

CHAPTER EIGHT

SECTION II:
APPEALS AND CONFLICT RESOLUTION PROCEDURES

A. Appeals for State Permits

As described in Part B of Section I above, federal license or permit activities that also
require a State permit under Georgia law are presumed to be consistent with the Georgia Coastal
Management Program upon receipt of all relevant State permits. The appeals procedures for
State permits are described in Georgia State laws and remain unchanged by this process. In most
cases, Georgia law provides any person or agency that is aggrieved or adversely affected by any
order or action the right to a hearing before an Administrative Law Judge. In cases in which
there is no direct provision for State Administrative Law Judge review under State law, the
aggrieved party has the right to the State Court process.

B. Secretarial Mediation of Disputes

In the event of a serious disagreement between the State of Georgia and a federal agency
over any aspect of the federal consistency requirement, either party may request that the U.S.
Secretary of Commerce mediate the dispute. All parties must agree to participate in the
mediation, but agreement to participate is non-binding and either party may withdraw from the
mediation at any time. Secretarial mediation is a formal process that includes a public hearing,
submission of written information, and meetings between the parties, upon which a hearing
officer, appointed by the Secretary, will propose a solution.

Secretarial mediation may be used for disputes under any of the four consistency review
types: direct federal activities, federal license or permit activities, OCS license and permit
activities, and federal assistance activities. However, the request can only be made by the head
of a federal agency, the Governor of Georgia, or the Coastal Resources Division. Exhaustion of
the mediation process is not a prerequisite to judicial review.

C. Inormal Negotiation of Disputes

The availability of formal Secretarial mediation or litigation does not preclude the parties
from informally negotiating the dispute through the National Oceanic and Atmospheric
Administration, Office of Ocean and Coastal Resource Management (OCRM) or another
facilitator. OCRM has successfully filled this role of informal negotiator, and most disputes are
addressed through this informal method. Either party may request OCRMV involvement, andI
participation is non-binding.

< Part 11 -246 >

FEDERAL CONSISTENCY

D. Appeals to the Secretary of Commnerce

The federal Coastal Zone Management Act (CZMA) provides an administrative appeal to
the Secretary of Commerce from a consistency objection by a coastal state. In the case of a
federal license or permit, an outer continental shelf exploration or development plan, or an
application for federal financial assistance, the applicant may request that the Secretary override
the State of Georgia's consistency objection on the grounds that the activity is consistent with the
objectives of the CZMA, or is otherwise necessary in the interest of national security. 16 U.S.C.
� 1456(c)(3)(A),(B), and (d).

The inquiry by the Secretary into whether the grounds for an override have been met is
based upon an administrative record developed for the appeal. While the Secretary will review
the State objection for compliance with the CZMA and the implementing regulations (e.g.,
whether the objection is based on enforceable policies), the Secretary does not review the
objection for compliance with State laws and policies.

There are four elements that an appellant must meet in order to satisfy the first ground for
a Secretarial override, "consistent with the objectives of the CZMA."

(1) The activity furthers one or more of the competing national objectives or purposes
contained in sections 302 or 303 of the CZMA;
(2) When performed separately or when its cumulative effects are considered, the
activity will not cause adverse effects on the natural resources of the coastal area
substantial enough to outweigh its contribution to the national interest;
(3) The activity will not violate any requirement of the Clean Air Act, as amended, or
the Federal Water Pollution Control Act, as amended; and,
(4) There is no reasonable alternative available (e.g., location, design, etc.) which
would permit the activity to be conducted in a manner consistent with the
management program.

The second ground for a Secretarial override, "necessary in the national security,"
describes a federal license or permit activity or a federal assistance activity which, although
inconsistent with the Georgia Coastal Management Program, is found by the Secretary to be
permissible because a national defense or other national security interest would be significantly
impaired if the activity were not permitted to go forward as proposed.

If the Secretary overrides the State's objection, the authorizing federal agency may permit
or fund the activity. A secretarial override does not obviate the need for an applicant to obtain
any State-required permits or authorizations.

< Part 11 -247 >

CHAPTER EIGHT

SECTION III:
LIST OF FEDERAL ACTIONS SUBJECT TO FEDERAL
CONSISTENCY

A. Direct Federal Activities and Development Projects

Deoartment of Commerce. National Marine Fisheries Service:
� Fisheries Management Plans
� Endangered Species Act listings and Designation of Critical Habitat

Department of Defense. Army Corns of Engineers:
* Dredging, channel improvement, breakwaters, other navigational works, erosion control structures,
beach replenishment, dams or flood control works, and activities and other projects with the
potential to impact coastal lands and waters
* Land acquisition for spoil disposal or other purposes
* Selection of disposal sites for dredged material from federal harbors and navigation channels

Department of Defense: Air Force. Army, and Navy:
� Location, design, and acquisition of new or expanded defense installations (active or reserve status
including associated housing, transportation, or other facilities)
* Plans, procedures, and facilities for handling storage use zones
� Establishment of impact, compatibility, or restricted use zones
� Disposal and reuse plans for military base closures

General Services Administration:
� Acquisition, location, and design of proposed federal government property or buildings, whether
leased or owned by the federal government
Disposal and disposition of federal surplus lands and structures

Denartment of Interior. Bureau of Land Management:
� Oil and gas leasing on federal lands

Department of Interior. Minerals Management Service:
� Oil and gas leasing on the Outer Continental Shelf
� Offshore sand mining leases
* Offshore mineral leases

Department of Interior. U.S. Fish and Wildlife Service:
� Management of National Wildlife Refuges; land acquisition

Department of Interior. National Park Service:
� National Park Service unit management; land acquisitions

Deoartment of Transp~ortation. Coast Guard:
* Location, design, construction, or enlargement of Coast Guard stations, bases, and lighthouses.
� Location, placement, or removal of navigation devices which are not part of the routine operations
under the Aids to Navigation Program (ATON)

< Part 1 - 248 >

FEDERAL CONSISTENCY

Expansion, abandonment, designation of anchorages, lighting areas, or shipping lanes
Cleanup of oil and hazardous substances and materials, and discharges in violation of the Federal
Water Pollution Control Act, as amended by the Oil Pollution Control Act
Area Contingency Plans developed under the Oil Pollution Control Act
Designation and management of Regulated Navigation Areas and Limited Access Areas identified
in 33 C.F.R. � 165
Designation of Security and Safety Zones under the Port and Waterways Safety Act
Enforcement of the MMPA, the ESA, the MFCMA, the ACFCMA, and the Lacey Act

Department of Transoortation. Federal Aviation Administration:
� Location and design, construction, maintenance, and demolition of federal aids to air navigation

DeDartment of TransDortation. Amtrak. Conrail:
* Expansions, curtailments, new construction, upgradings or abandonments of railroad facilities or
services, in or affecting the State's coastal area

DeDartment of TransDortation. Federal Hinhwav Administration:
Highway construction

Denartment of the Treasury. Federal Law Enforcement Traininn Center:
* Location and design, construction, upgradings, demolition, or abandonment of facilities or projects
associated with the Federal Law Enforcement Training Center

Environmental Protection Aaencv
Ocean dump site designations
* Superfund site cleanup
Risk Assessment/Remediation plans

Federal Energv Regulatory Commission
Licensing federal hydroelectric projects.

B. Federal Licenses or Permits Subject to Consistency with
The Georgia Coastal Management Program

Department of Defense. Army Corps of Eneineers:
* Approval of plans for improvements made at private expense under U.S.A.C.E. supervision
pursuant to the Rivers and Harbors Act (33 U.S.C. 565)'
* Disposal of dredged spoils into the waters of the U.S. pursuant to the Clean Water Act, Section
404 (33 U.S.C. 1344)'
* Other provisions of Section 404 of the Clean Water Act, including permits1
* All actions for which permits are required pursuant to Section 103 of the Marine Protection,
Research and Sanctuaries Act (33 U.S.C. 1413)1

Federal Energv Regulatorv Commission:
Licenses for non-federal hydroelectric projects and primary transmission lines under Sections 3
(11), 4 (e), and 15 of the Federal Power Act (16 U.S.C. 796 (11), 797 (11), and 808)'

< Part II - 249 >

CHAPTER EIGHT

Orders for interconnection of electric transmission facilities under Section 202 (b) of the Federal
Power Act (15 U.S.C. 824 a (b))'
Certificates for the construction and operation of interstate natural gas pipeline facilities, including
both pipelines and terminal facilities under Section 7 � of the Natural Gas Act (15 U.S.C. 717 f
(c))'
Permission and approval for the abandonment of natural gas pipeline facilities under Section 7 (b)
of the Natural Gas Act (15 U.S.C. 717 f (b))'
Regulation of gas pipelines, and licensing of import and export of natural gas pursuant to the
Natural Gas Act (15 U.S.C. 717) and the Energy Reorganization Act'

Environmental Protection ALencv
* National Pollutant Discharge Elimination System (NPDES) permits and other permits for federal
installations discharges in contiguous zones and ocean waters, sludge runoff and aquaculture
permits pursuant to Sections 401, 402, 403, 405, and 318 of the Federal Water Pollution Control
Act (33 U.S.C. 1341, 1342, 1343, and 1328)'
* Permits pursuant to the Resources Conservation and Recovery Act'
* Permits pursuant to the underground injection control program under Section 1424 of the Safe
Drinking Water Act (42 U.S.C. 300 h-c)'
* Permits pursuant to the Clean Air Act of 1976 (42 U.S.C. 1857)'
* Permits pursuant to the Marine Protection, Research, and Sanctuaries Act (16 U.S.C. 1431)'

DeDartment of Interior. U.S. Fish and Wildlife Service:
Endangered species permits pursuant to the Endangered Species Act (16 U.S.C. 153 (a))'
* Permits pursuant to the Migratory Bird Treaty Act (U.S.C. 703)'

Nuclear Reeulatorv Commission:
* Licensing and certification of the siting, construction, and operation of nuclear generating stations,
fuel storage, and processing centers pursuant to the Atomic Energy Act, Title II of the Energy
Reorganization and the National Environmental Policy Act'

DeDartment of TransDortation. Coast Guard:
* Construction or modification of bridges, causeways, or pipelines over navigable waters pursuant to
49 U.S.C. 1455'
* Transport and transfer of hazardous substances and materials (33 U.S.C. �419)'
Marine Event Permits'

DeDartment of Transtortation. Federal Aviation Administration:
* Permits, licenses, and other approvals for construction, operation, or alteration of airports'

U.S. Department of Interior:
Outer Continental Shelf (OCS) activities (including pipeline activities) described in detail in OCS
plans that affect coastal resource areas2
OCS lease sales in the Atlantic Ocean under 43 U.S.C.A. � 13372

1 = A corresponding Georgia State permit exists.
2 = This activity is subject to the provisions for OCS permits or licenses.

< Part 11 - 250 >

FEDERAL CONSISTENCY

This list of federal licenses and permits may be revised by the State following consultation with
the federal agency and approval by the Office of Ocean and Coastal Resource Management. The
Coastal Resources Division may also review federal license and permit activities outside
Georgia's eleven-county coastal area that affect the coastal area. This review requires prior
consultation with federal agencies and approval by the Office of Ocean and Coastal Resource
Management.

D. Federal Assistance Programs Applicable to the Consistency Process

(Note: Code Numbers refer to the Catalog of Federal Domestic Assistance Programs.)

Department of Aericulture
10.414 Resource Conservation and Development Loans
10.416 Soil and Water Loans
10.418 Water and Waste Disposal Systems for Rural Communities
10.419 Watershed Protection and Flood Prevention Loans
10.901 Resource Conservation and Development
10.904 Watershed Protection and Flood Prevention
10.906 River Basin Surveys and Investigations
10.999 U.S. Department of Agriculture -- Miscellaneous
i. Irrigation and Drainage Loans
36.455 U.S. Department of Agriculture -- Environmental Impact Assessment/Statement

Department of Commerce
11.405 Anadromous & Great Lakes Fisheries Conservation
11.407 Interjurisdictional Fisheries Act of 1986
11.419 Coastal Zone Management Program Administration
11.420 Coastal Zone Management Estuarine Research Reserves
11.427 Fisheries Development and Utilization Research/Development Grants/Coop Agreements
11.433 Marine Fisheries Research Initiative (MARFIN) Projects
11.434 Cooperative Fisheries Statistics Program
11.441 South Atlantic Fishery Management Council Projects
11.474 Atlantic Coastal Fisheries Cooperative Management Act Projects
36.450 U.S. Department of Commerce -- Environmental Impact Assessment/Statement

Deuartment of Defense
12.101 Beach Erosion Control Projects
12.104 Flood Plain Management Services
12.106 Flood Control Projects
12.107 Navigation Projects
12.109 Protection, Clearing and Straightening Channels
12.610 Joint Military/Community Comprehensive Land Use Plans
36.421 U.S. Department of Defense -- Environmental Impact Assessment/Statement
36.422 U.S. Department of the Army -- Environmental Impact Assessment/Statement
36.423 U.S. Department of the Navy -- Environmental Impact Assessment/Statement
36.424 U.S. Department of the Air Force -- Environmental Impact Assessment/Statement

< Part 1 - 251 >

CHAPTER EIGHT

Department of Health and Human Services (HHS)
35.460 HHS -- Direct Federal Development Project
36.460 HHS -- Environmental Impact Assessment/Statement

Devartment of Housina and Urban Development (HUD)
36.465 HUD -- Environmental Impact Assessment/Statement

Department of the Interior (DOI)
15.600 Anadromous Fish Conservation
15.605 Sport Fish Restoration
15.611 Wildlife Restoration
15.612 Endangered Species Conservation
15.614 North American Wetlands Conservation
15.616 Clean Vessel Act
15.904 Historic Preservation Fund Grants -- In-Aid
15.910 National Natural Landmarks Program
15.916 Outdoor Recreation -- Acquisition, Development, and Planning
35.440 DOI -- Direct Federal Development Project
36.440 DOI -- Environmental Impact Assessment/Statement -- Clean Vessel Act Grants

Department of Justice
35.430 U.S. Department of Justice -- Direct Federal Development Project
36.430 U.S. Department of Justice -- Environmental Impact Assessment/Statement

Detartment of Transportation
20.205 Highway Planning and Construction
20.219 National Recreational Trails Program
20.801 Development and Promotion of Ports and Intermodal Transportation
36.470 U.S. Department of Transportation -- Environmental Impact Assessment/Statement

General Services Administration
39.002 Disposal of Federal Surplus Real Property
35.600 General Services Administration -- Direct Federal Development Project
36.600 General Services Administration -- Environmental Impact Assessment/Statement

National Aeronautics and Stace Administration (NASA)
35.631 NASA -- Direct Federal Development Project
36.631 NASA -- Environmental Impact Assessment/Statement

Environmental Protection Aaencv (EPA)
66.001 Air Pollution Control Program Support
66.418 Construction Grants for Wastewater Treatment Works
66.419 Water Pollution Control -- State and Interstate Program Support
66.433 State Underground Water Source Protection
66.435 Water Pollution Control -- Lake Restoration Cooperative Agreements
66.454 Water Quality Management Planning
66.456 National Estuary Program

< Part ll - 252 >

FEDERAL CONSISTENCY

66.459 Nonpoint Source (NPS) Reservation
66.461 State Wetland Protection Development Grants
66.500 Environmental Protection -- Consolidated Research
66.501 Air Pollution Control Research
66.502 Pesticides Control Research
66.504 Solid Waste Disposal Research
66.505 Water Pollution Control -- Research, Development, and Demonstration
66.506 Safe Drinking Water Research and Demonstration
66.507 Toxic Substances Research
66.600 Environmental Protection Consolidated Grants -- Program Support
66.700 Pesticides Enforcement Program
66.701 Toxic Substances Compliance Monitoring Cooperative Agreements
66.704 Pesticides Certification Program
66.801 Hazardous Waste Management State Program Support
66.802 Hazardous Substance Response Trust Fund
66.804 State Underground Storage Tanks Program
66.805 Underground Storage Tank Trust Fund
66.807 Superfund Innovative Technology Evaluation Program (SITE)
66.808 Hazardous Waste; Integrated Training and Technical Assistance -- Interstate
66.999 EPA -- Miscellaneous
1. State Inventories of Uncontrolled Hazardous Waste Sites
2. Water Pollution Control State and Local Manpower Program Development
3. State and Local Innovative Waste Management Activities
4. Special Studies, Investigations, and Surveys
5. Source Reduction and Recycling Technical Assistance
35.552 EPA -- Direct Federal Development Projects
1. Real Property Acquisition or Disposition, including obtaining major Leases or Easements
2. Construction of New EPA Facilities
3. EPA Issued Plans and Permits which do not impact Interstate Areas
36.552 EPA -- Environmental Impact Assessment/Statement

Department of Energy
81.049 Basic Energy Sciences, High Energy or Nuclear Physics, Magnetic Fusion Energy, Health and
Environmental Research, Program Analysis and Field Operations Management
81.999 U.S. Department of Energy -- Miscellaneous
1. Loans for Wind Energy Systems and Small Hydroelectric Power Projects
2. Loan Guarantees for Alternative Fuel Demonstration Facilities
36.471 U.S. Department of Energy -- Environmental Impact Assessment/Statement

Federal Emergencv Management Agencv (FEMA)
83.503 Civil Defense -- State and Local Emergency Management Assistance
83.513 State and Local Warning and Communication Systems
83.516 Disaster Assistance
35.237 FEMA -- Direct Federal Development Project
36.237 FEMA -- Environmental Impact Assessment/Statement

< Part I - 253 >

CHAPTER EIGHT

Part III

REQUIREMENTS OF THE NATIONAL
ENVIRONMENTAL POLICY ACT (NEPA)

PART III:
REQUIREMENTS OF THE
NATIONAL ENVIRONMENTAL POLICY ACT (NEPA)

A. Purpose and Need for Action

The National Oceanic and Atmospheric Administration (NOAA) has prepared this Draft
Environmental Impact Statement (DEIS) pursuant to the National Environmental Policy Act
(NEPA), 42 U.S.C. �� 4321 et seq. to assess the environmental impacts associated with the
approval and implementation of the coastal management program submitted to NOAA by the
State of Georgia. The State of Georgia has submitted its Coastal Management Program to the
Office of Ocean and Coastal Resource Management (OCRM) for approval pursuant to Section
306 of the Federal Coastal Zone Management Act of 1972, as amended (CZMA), 16 U.S.C. ��
1451, et seq.

The proposed action on the DEIS is approval of the Georgia Coastal Management
Program (GCMP). The OCRM has made an initial determination that the program meets the
requirements of the CZMA. Federal approval of the Georgia program will enable the State of
Georgia to receive federal grant assistance for program implementation and will require that
federal actions in or affecting the Georgia coastal zone be consistent with the Georgia program.
The GCMP is described in Part II of this document. A table cross-referencing CZMA
requirements with sections from this document may be found in Part I, Section D.

Approval and implementation of the GCMP will enhance governance of Georgia's coastal
land and water uses according to the coastal policies and standards contained in the existing
statutes, authorities and rules. Federal alternatives to program approval include delaying or
denying approval, if certain requirements of the CZMA have not been met. The state could
modify parts of the program or withdraw its application for federal approval if either of the above
federal alternatives results from circulation of this document.

The Coastal Zone Management Act (CZMA)

In response to the intense pressures upon coastal areas of the United States, Congress
passed the Coastal Zone Management Act. This Act was signed into law on October 27, 1972.
The Act authorized a federal grant program to be administered by the Secretary of Commerce,
who in turn delegated this responsibility to the National Oceanic and Atmospheric
Administration's (NOAA) Office of Ocean and Coastal Resource Management (OCRM). The
Coastal Zone Management Act of 1972 was substantially amended on July 26, 1976 (P.L.
94-370) and again on November 5, 1990 (P.L. 101-58). It was reauthorized in June 1996 (P.L.
104-150) for a three-year period with minor changes. The Act and its amendments affirm a
national interest in the effective protection and development of the coastal zone by providing

assistance and encouragement to coastal states to develop and implement rational programs for
managing their coastal zones.

Broad guidelines and the basic requirements of the CZMA provide the necessary
direction for developing these state programs. These guidelines and requirements for program
development and approval are contained in 15 C.F.R. Part 923, as revised and published June 28,
1996 in the Federal Register. In summary, the requirements for program approval are that a state
develop a management program that accomplishes the following.

* Identifies and evaluates those coastal resources recognized in the Act that require
management or protection by the state;

* Reexamines existing policies or develops new policies to manage these resources.
These policies must be specific, comprehensive, and enforceable, and must
provide an adequate degree of predictability as to how coastal resources will be
managed;

a Determines specific uses and special geographic areas that are to be subject to the
management program, based on the nature of identified coastal concerns. The
basis for managing uses, or their impacts, and areas, should be based on resource
capability and suitability analyses, socioeconomic considerations and public
preferences;

* Identifies the inland and seaward areas subject to the management program;

* Provides for the consideration of the national interest in planning for the siting of
facilities that meet more than local requirements; and

* Includes sufficient legal authorities and organizational structure to implement the
program and to ensure conformance to it.

< Part 111-2 >

B. Alternatives to the Proposed Action

1. Federal Alternatives

Alternatives available to OCRM include approving, delaying approval of, and denying
approval of the Georgia Coastal Management Program. In approving a coastal management
program (the preferred alternative), the Assistant Administrator for Ocean Services and Coastal
Zone Management must find that a state has met the federal approval requirements of the CZMA
and its implementing regulations codified at 15 C.F.R. Part 923. Delay or denial of program
approval could be based on the failure of the Georgia Coastal Management Program to meet any
of the requirements of the CZMA, as amended.

Alternative 1: The Assistant Administrator could approve the GCMP. This is the
preferred alternative.

Approval of the Georgia Coastal Management Program, which would be based on an
affirmative finding that the program meets all requirements of the CZMA and its regulations,
would result in implementation by the state of the approved program. The benefits of GCMP
implementation would include improved regulation and enforcement of existing authorities;
balanced coastal community development; simplification of government processes; better natural
resource and hazardous areas management; improved intergovernmental coordination; and
greater public awareness. Additional benefits are review by Georgia of federal and federally
permitted and funded projects for consistency with its coastal management program and
consideration of the national interest in state decision-making.

Alternative 2: The Assistant Administrator could deny approval of the GCMP.

OCRM could deny approval if the program is found not to meet all requirements. This
would have the same practical effects as the "no action" alternative in NEPA parlance; it would
mean that Georgia does not implement a federally approved coastal management program. The
impacts of denial of approval, or "no action," are described below:

a. No federal funds to administer the program: Under Section 306 of the CZMA,
Georgia would receive about $950,000 annually to administer its coastal
management program, and could receive up to approximately $200,000 in
enhancement funds under Section 309.

b. No consistency review of federal actions: This would mean that federal
actions would not be reviewed by Georgia for consistency with the GCMP as
required by Section 307 of the Coastal Zone Management Act.

c. Possibly, a lack of adequate consideration of the national interest in the siting

of facilities which are other than local in nature, as required by Section 306(d)(8)

< Part UI -3 >

of the CZMA. The State of Georgia and local governments would be under no
obligation to give adequate consideration to coastal facilities that are of national
interest. This could result in loss of public benefit that the use of such facilities
provide.

Alternative 3: The Assistant Administrator could delay approval of the GCMP.

As an alternative to denying approval, OCRM could delay its approval if any element of
the GCMP necessary for program approval does not meet requirements. Such a delay would be
designed to give the state time to make necessary modifications. In the opinion of OCRM, the
following two issues might be the most prominent in terms of reviewing the adequacy of the
GCMP in meeting specific CZMA requirements.

Alternative 3a: Delay program approval if the State of Georgia does not have the
organizational structure to implement the coastal management program.

The GCMP is a "networked" program consisting of several Georgia natural resource
protection programs. Georgia's coastal management law requires that all state agencies
coordinate and cooperate in administering the program and that all agencies with planning,
management, or regulatory authority conduct actions in a manner consistent with the GCMP.
Responsibility for implementing several core authorities and coordinating the overall program
falls to the Coastal Resources Division, in the Department of Natural Resources (DNR). Other
state agencies such as the DNR's Environmental Protection Division and the Georgia
Department of Transportation need to act consistently with the GCMP. The Assistant
Administrator could delay program approval if the coordination and consistency provisions of the
GCMP, including the draft interagency Memoranda of Agreement included in the Appendices,
are insufficient to effectively network state agencies and divisions into an overall coastal
management program.

Alternative 3b: Delay program approval if the State of Georgia's coastal
management authorities do not adequately manage activities with a direct and
significant impact on coastal waters, due to exemptions contained in the
authorities.

A number of Georgia's statutes that comprise the GCMP, notably the Erosion and
Sedimentation Act and the Coastal Marshlands Protection Act, exempt certain activities and/or
agencies from permit requirements. The Assistant Administrator could delay approval of
Georgia's program if these exemptions hamper the state's ability to adequately administer the
GCMP. In making this determination, NOAA will examine the individual statutes, the state
Coastal Management Act which binds relevant state agencies to consistency with the GCMP
policies, current agency practices, and working agreements and the Memoranda of Agreement
between the Coastal Resources Division and networked agencies.

< Part 1I- 4 >

2. State Alternatives Considered During Program Development

Throughout the effort to develop a program in Georgia, preference was given to using a
networked approach based on existing authorities rather than creation of a new CZM
superagency. Georgia's General Assembly, in passing the Coastal Management Act in 1997,
made clear and specific choices about the manner in which Georgia's coastal management
program would be developed and implemented. The law establishes a networked program, with
DNR as the lead agency responsible for a majority of the permitting and for ensuring
coordination and cooperation with other state agencies.

An alternate approach to the program was considered during Georgia's first effort at a
coastal management program in the late 1970s. Then, the inland boundary was based on rail
lines and highways, rather than county lines. The program, as envisioned at that time, was based
on a series of policies enforced by state and local statutes, regulations, and ordinances. This
alternative was eliminated when Georgia ceased participation in the federal coastal management
program before the program was approved by the Secretary. The original state Coastal
Management Act sunsetted in 1984.

Another alternative, developed in 1992-1993, was based on an extensive set of resource
policies drafted by the staff of the Coastal Resources Division. This program would have relied
on passage of state legislation allowing for implementation and enforcement of the policies. This
alternative was rejected due to overwhelming negative public reaction and a decision on the part
of the Commissioner of Natural Resources to give the public greater involvement in the
development of the program. Due to this decision, the original resource policies were discarded
and public task forces formed to draft new recommendations.

A third alternative, considered in 1994-1995, involved developing the program without
additional state legislation, using the public task force recommendations as the program's
policies. This alternative was rejected due to the opinion of the state Attorney General's office,
which mirrored NOAA's concerns, that Georgia would need to pass enabling legislation to meet
all federal CZM requirements and ensure enforcement of the policies as well as consistency of
state agency activities.

The final result of this process is a program based on the enforceable policies contained in
34 state statutes and programs, including the Coastal Management Act, passed in 1997, which
establishes procedures for program implementation and requires state agencies to cooperate and
coordinate their program activities and act consistently with the policies. Public involvement has
vastly increased since 1992, and the program document contains hundreds of policy
recommendations written by the public that guide program operations and funding decisions (the
recommendations are not, however, the underlying enforceable policies of the program; these are
found in statutes, rules, etc.). Summaries of the Coastal Management Act and other legislation
are found in Part II, Chapter Five and the policy recommendations are contained in Appendix
VIm.

4. Consultation and Coordination

Extensive consultation with the general public and all levels of government accompanied
development of the GCMP. The governor appointed a Coastal Zone Advisory Committee in
1992, and several hundred residents of coastal Georgia participated in public task forces that
provided the advisory committee with policy recommendations. All local, state and federal
agencies referenced in Part 11 of this document were consulted during development of 1995,
1996, and 1997 draft program documents. DNR has consulted each agency continually in order
to incorporate necessary revisions prior to publication.

< PartlIII- 6 >

C. Description of the Affected Environment

1. Overview

With approximately 100 straight-line miles and over 2,344 linear miles of coastline,
Georgia's coastal area is enriched with abundant marshes, barrier islands, beaches, estuaries, river
corridors, maritime forests, and uplands. To date, the Georgia coast has been relatively
undeveloped, mostly because many of Georgia's barrier islands are not easily accessible and
much of the available developable land is currently being managed for timber production.
Pressures from increasing population and development, however, are threatening the quality of
life on the coast. The population of coastal Georgia is growing at approximately 20% per
decade. Along with this increased population growth comes the pressure to develop
environmentally sensitive areas such as wetlands, floodplains, and barrier islands. A long-range
resource management plan will ensure an acceptable level of protection while providing for
compatible economic development so that future generations may also enjoy the Georgia coast.

2. Coastal Area

The Georgia Coastal Management Act defines the "coastal area" or "coastal zone" to
mean "all tidally influenced waters and submerged land seaward to the state's jurisdictional limits
and all lands, submerged lands, waters, and other resources within the counties of Brantley,
Bryan, Camden, Charlton, Chatham, Effingham, Glynn, Liberty, Long, McIntosh, and Wayne."
Of these counties, Bryan, Camden, Chatham, Glynn, Liberty, and McIntosh border the Atlantic
Ocean, while Brantley, Charlton, Effingham, Long, and Wayne are in the second tier inland from
the ocean.

3. Physical and Natural Environment

The Georgia coast is an interrelated system of productive coastal marine waters, barrier
islands, estuaries, coastal marshlands, rivers, and associated upland areas.

a. Coastal Marine Waters

The westernmost portion of the United States on the Atlantic seaboard, Georgia's coast is
located approximately in the center of the South Atlantic Bight. The broad, gentle slope of the
continental shelf stretches 95 miles off the coast of Georgia. Because of this wide, shallow shelf,
wave energy along the Georgia coast is generally low. On the shelf, many hard and soft bottom
habitats can be found. "Live bottom" areas occur naturally where limestone outcroppings are
exposed on the seafloor, allowing marine animals and plants to settle and colonize. The Gray's
Reef National Marine Sanctuary, located approximately 15 miles east of Sapelo Island, is a
natural reef community with an abundance of live bottom habitat in 60 to 70 feet of water on the
continental shelf. Artificial reef communities have been created in some areas by sinking barges,
World War II era liberty ships, and other materials that encourage reef organisms to settle and

< Part III - 7 >

grow. The coastal marine waters off of Georgia provide habitat for many birds, sea turtles,
marine mammals, crustaceans, and fishes. Marine wildlife includes the following species
protected by state and/or federal law: northern right whale, humpback whale, west Indian
manatee, loggerhead sea turtle, green sea turtle, leatherback sea turtle, hawksbill sea turtle,
Kemp's ridley sea turtle, piping plover, Wilson's plover, American oystercatcher, bald eagle,
wood stork, least tern, gull-billed tern, and shortnose sturgeon. Many commercially-important
species, such as shrimp, crab, snapper, and grouper live and breed in Georgia's marine and
estuarine waters.

b. Barrier Islands

A chain of barrier island clusters stretches along the Georgia coast, separated from the
mainland by acres of salt marsh. The seaward side of these islands is home to all of Georgia's
approximately 88 miles of ocean beaches. From north to south, the major islands and their
approximate acreages are listed in the following table.
Island Approximate Acreake Approximate Miles of Beach
Tybee 1,500 3.4
Little Tybee 1,600 3.0
Wassaw 2,500 6.0
Ossabaw 11,800 9.5
St. Catherines 7,200 11.0
Blackbeard 3,900 7.5
Sapelo 10,900 5.6
Little St. Simons 2,300 6.5
Sea 1,200 3.8
St. Simons 12,300 3.8
Jekyll 4,400 8.0
Little Cumberland 1,600 2.4
Cumberland 15,100 16.9
Totals 76,300 88.3

Georgia's barrier islands have built up over the past forty thousand years due to sea level
rise, wave action, and shifting sand. Melting glacial water after the last great Ice Age created
islands out of lands at the edge of the continental shelf. Once formed, wind, wave action, and
rising sea level eroded sand from the seaward side of the islands and shifted sand to the landward
side of the islands, causing the islands to roll over upon themselves and migrate landward.
Longshore currents cause the development of sand bars and shoals, which may eventually acrete
to or erode from the islands. Barrier islands serve important functions buffering the mainland
from storms and protecting the mainland from erosion and property damage. The islands and
their associated dune, live oak, pine forest, and marsh communities support an abundance of
wildlife. Loggerhead, green, and leatherback sea turtles use Georgia beaches for nesting habitat.

< Part 111- 8 >

Ospreys, brown pelicans, herons, egrets, shorebirds, and many species of sea gulls are common
in this important wading and shorebird nesting and staging area.

c. Estuaries

Six major watersheds terminate at the Georgia coastline, forming an extensive estuarine
ecosystem. When freshwater from rivers mixes with and dilutes saltwater from the ocean, both
water bodies contribute their own chemical and physical characteristics. This combination of
properties creates a richly diverse and highly productive natural habitat. About 75% of
commercially important fish and shellfish in the nation are estuarine-dependent. These species
rely on estuaries and upper reaches of tidal rivers and streams for early life-stage food, migration,
and spawning. Georgia's coastal estuaries and associated aquatic ecosystems form a critical
component in the life cycles of sport fishes such as spotted seatrout and red drum; commercial
species such as shrimp, blue crabs, and oysters; and endangered species such as manatees and
shortnose sturgeon. Fragile estuarine ecosystems establish the foundation for the
interrelationship of many marine plants and animals with their environment. Without the
estuaries, that life could not exist.

d. Coastal Marshlands

Moving inland, a broad band of coastal salt marshlands covering 378,000 acres separates
the barrier islands from the mainland. Measuring three to five miles wide in some places,
Georgia's marshlands constitute one-third of the remaining salt marsh along the U.S. Atlantic
coast. The marshes are dominated by smooth cordgrass (Spartina alterniflora), which supports a
highly productive food chain. High nutrient levels are transported in and out of the system by
daily tidal cycles, thus supporting a rich habitat for fish, birds, crustaceans, and other wildlife.
Herons, egrets, wood storks, redwing blackbirds, oysters, red drum, sea trout, blue crabs, and
white shrimp are common here. The area experiences an average tidal range of 6 to 8 feet, with
spring tides of 9 to 11 feet. These tidal ranges are several feet larger than neighboring Florida,
South Carolina, and North Carolina due to Georgia's location in the center of the South Atlantic
Bight. The large tidal range is responsible for Georgia's abundance of salt marsh.

e. Rivers and Freshwater Wetlands

Further to the west, brackish and freshwater wetlands extend inland up rivers and
streams. This area is generally flat and occupied by live oak, tupelo gum, and cypress swamps.
These wetlands serve to recharge the shallow groundwater aquifer and reduce the duration and
magnitude of flood events. Wetlands function like sponges to retain floodwaters, filter out
sediment and other contaminants, and slowly release the water over time to the rivers. These
wetlands also provide important habitat for wildlife, including endangered and threatened species
such as the bald eagle and wood stork. Large numbers of migratory waterfowl (scaup,
mergansers, mallards, coots) and wading birds (white ibis, snipe, woodcock, yellowlegs) use
these places as staging (resting and feeding) areas on the way to their wintering grounds in

< Part 111- 9 >

Central and South America. Several major rivers feed these wetlands, including the Savannah,
Ogeechee, Canoochee, Altamaha, Satilla, and St. Marys. Most of these rivers provide critical
habitat for anadromous fish stocks as well as the endangered shortnose sturgeon. All of
Georgia's coastal rivers carry large amounts of sediments to the sea, helping to build new land
and to keep up with sea level rise over time.

fJ Upland Forests

Much of the coastal mainland is heavily forested with slash, spruce, loblolly, and longleaf
pines. Forests that are less managed are populated with a mixture of pines, hardwoods, and other
species such as oak, hickory, magnolia, bay, palmetto, and dogwood. The pine and hardwood
forests are home to many bird species, such as the endangered red-cockaded woodpecker and
many birds of prey (red-tailed hawk, turkey vulture, great horned owl). Many game species, such
as feral hogs, whitetail deer, black bear, wild turkey, and bobwhite quail, can also be found in
these forested communities.

g. Climate

The Bermuda High disintegrates in late summer, allowing frontal passages to return.
May through November is considered hurricane season. Historically, tropical storms and
hurricanes impact the Georgia coast on the average of once every ten years. Coastal flooding
resulting from hurricane-induced storm surges and long-term beach erosion pose a substantial
danger to life and property on the low-lying barrier islands and mainland. The storms cost many
lives and result in millions of dollars in property damage in the coastal zone due to high winds,
flooding, and rainfall. Strong northeasters impact the coast more frequently than hurricanes and
supply much of the rain in late fall, winter, and spring.

4. Socioeconomic Characteristics

a. History

The Native Americans were the first known settlers of coastal Georgia, over 10,000 years
ago. A band of the Creek Indian tribe inhabited most of the Georgia coast at the time of Spanish

< Part III - 10>

arrival in 1540. Following the formal conquest of Florida by DeSoto in 1539, the Spanish
occupied the Georgia coast from 1540 to 1680, building missions and attempting to convert the
Indians to Christianity. In the late 1600s, as the British and Native American tribes invaded the
area from colonies at Charleston, South Carolina, the Spanish retreated to Florida. The area
remained largely uninhabited from 1690 until the 1720s, with the notable exception of the
famous pirate Edward Teach, or "Blackbeard," who used the Georgia coast as his refuge while
roaming the southeast coast. According to local legend, buried treasure remains undiscovered on
Blackbeard Island to this day.

The British began to establish permanent colonies in coastal Georgia in the early 1700s.
Formed from lands ceded from South Carolina, the new colony was named Georgia in honor of
King George II. English citizens were offered free passage, a land grant, and three years of
support to settle in the new colony. The Spanish were not pleased with the English colonization
efforts, and demanded that all of Georgia be returned to Spain. Britain declared war on Spain in
December of 1739, and the Spanish attacked St. Simons Island in 1742 with over 50 ships and
over 5,000 men. General James Oglethorpe, with only 650 men, repelled the Spanish in the
Battle of Bloody Marsh. This battle ensured English control of the Georgia territory and all
points north.

Slavery was introduced into coastal Georgia in the 1740s. Much of the property on St.
Simons was given to British soldiers for their service in the military, but most returned to
England at the beginning of the Revolutionary War. Those who remained purchased slaves and
began to clear and dike off large tracts of riverine wetlands and uplands to grow rice and cotton.
LF ~ During the Revolutionary War, much of coastal Georgia was ravaged by the British army. The
coast would soon recover economically due to abundant timber and the introduction of sea-island
cotton from the West Indies.

The period from the late 1700s up to the Civil War was marked by the production of
naval stores (tar, pitch, turpentine) and the cultivation and harvest of live oak timber, rice, indigo,
and cotton. The naval stores and timber were needed for the growing shipbuilding industry.
Live oak was the ideal lumber for building ships because of its strength and resistance to rotting.
With the Industrial Revolution underway in England, cotton was in great demand to supply the
cotton gins and textile mills. Due to the fertile soils and suitable climate, the Georgia coast
provided the ideal conditions to grow high quality cotton. Vast areas of forest and swamp were
cleared and drained for the timber and for land to cultivate. Timber, indigo, and cotton
cultivation and harvest began to decline in the late 1800s, signaling the end of the plantation
period. Most of the live oak forests had been harvested by this time. At the same time, the
demand and price for indigo and cotton in England declined and the boll weevil decimated
existing crops. Rice production reached its peak just prior to the Civil War in 1860. Coupled
with the onset of the Civil War and the loss of slave labor, the plantation period in Georgia came
to an end. After the Civil War, freed slaves populated many areas of the Georgia coast,
particularly Sapelo Island. The coast quickly went from one of the most prosperous regions of
the country to one of the poorest.

From the 1870s to the 1900s, during Reconstruction, the region tried to recover from the
economic decline. Lumber mills began to appear on the Georgia coast. With most of the live
oak already harvested, the mills sawed cypress, pine, and other oaks into lumber for export to
Europe. The timber from up-state was floated down the Satilla and Altamaha rivers to the mills
at Darien and St. Simons. Many of the small marsh islands in the vicinity of the old sawmills
were formed from the discarded ballast stones of the old schooners used to transport lumber to
Europe.

During the early 1900s, people began to discover coastal Georgia as an ideal resort
destination. Savannah, St. Simons Island, Jekyll Island, and Cumberland Island were home to
the cottages and summer villas of the nation's wealthiest families such as the Pulitzers,
Carnegies, Reynolds, and Staffords. The cities of Savannah and Brunswick played an important
role in national defense during World War II by building liberty ships. The Eighth Army Air
Force, an important contingent in the European air battle during Word War II, was formed in the
City of Savannah. The coast continues to support national defense today, with Fort Stewart
Army Base in Hinesville, Hunter Army Air Field in Savannah, and Kings Bay Naval Submarine
Base in St. Marys.

Continuing the trends of the past few decades, the Georgia coast is growing at a rapid
pace. Timber, agriculture, and related manufacturing plants dominate the coastal economy.
Tourism and related service industries are growing strong, and the Georgia coast remains a
popular area for permanent residence. Many of the coastal counties have seen exponential
growth in population due to the influx of tourism and the placement of military bases in the area.
There are areas of the coast where culturally and historically significant communities still exist,
such as the traditionally African-American community of Hog Hammock on Sapelo Island.
Many historical places remain throughout the Georgia coast, including Fort Frederica, the Battle
Site at Bloody Marsh, Fort Pulaski, Fort King George, and numerous historic districts,
neighborhoods, commercial areas, homes, schools, and churches.

b. Demographics

According to the 1990 Census, the eleven-county coastal area of Georgia has a combined
population of 460,233 people. Approximately 66.9% are white, 31.2% are black, 1.7% are
Hispanic, and 1.9% are of other descent. The population is mainly centered around the Savannah
area (Chatham, Effingham, and Bryan Counties), with smaller centers around Brunswick (Glynn
County) and Kingsland/St. Marys (Camden County). The overall population of the region,
however, is largely rural (66.8%). Only Chatham County's population density of 430 people per
square mile exceeds the State average of 112 people per square mile. The emigration of people
out of Chatham County, coupled with the immigration of people to surrounding Effingham and
Bryan Counties, indicates that people are moving out of metropolitan Savannah to the suburbs.

The coastal population continues to grow from tourism when visitors to Tybee Island, Sea
Island, St. Simons Island, and Jekyll Island decide to move to these communities. The

< Part I - 12>

population is also growing from military bases in Camden, Liberty, and Long counties (Kings
h ~~Bay Naval Submarine Base and Fort Stewart Army Base). According to the 1990 Census, a
substantial 23% increase from 1990 is predicted for coastal Georgia in the next decade. This
increase continues a trend in population growth on the coast which has exceeded 200% in some
counties since 1930. Liberty County and Camden County have experienced a remarkable 547%
and 376% increase in population respectively since 1930, due largely to the placement of military
bases in those counties.

c. Coastal Land Use

The eleven-county coastal area of Georgia encompasses approximately 6,409 square
miles, with an average population density of 82 people per square mile. Of the total area, 88% is
land, and 12% is water. Seventy-five percent of the land area is forested and 25% is non-
forested. Although there are clusters of intense development, much of the Georgia coast remains
relatively undeveloped. As of the mid-1980s, only 4% of the coast was classified as developed,
with 3.3% residential, 0.3% commercial, and 0.4% industrial. There is no shortage of
developable land (estimated at 32% of the total land area); however, there is a need for better
management of growth and better planning for development to insure that the region retains its
growth potential and habitability.

Georgia has more land in forest management than any other state, accounting for 71 % of
the land area of coastal Georgia. Approximately 49% of the timberland is owned by industry,
39% is privately-owned, and 12% is owned by the government. The soils and climate of the area
also make it conducive to growing crops due to the long growing season and ample rainfall. The
second-tier coastal counties account for most of the conventional agricultural activities in coastal
Georgia, such as row crop cultivation and livestock husbandry.

Commercial and industrial development along the Georgia coast is also an important land
use with many positive economic benefits. Ports and waterborne commerce-related facilities,
gypsum and sheet rock plants, pulp and paper mills, and public utility companies are a few
examples of industries along the coast. The coastal area of Georgia has been attractive to
industry for many reasons, including the proximity to water transportation, high quality
groundwater resources, and nearby natural resources and raw materials. Manufacturing and other
industry are beneficial to the coastal economy, however, there can be waste disposal, toxic and
hazardous waste, and water and air pollution problems if not properly managed. The electricity
provided by utility companies in the area is generated by hydroelectric, nuclear, coal, oil, and
natural gas powered plants throughout the state. There are no nuclear or hydroelectric plants
within the eleven-county coastal area.

In fiscal year 1992-1993, the eleven-county coastal area received $64.5 million in federal,
state, and local funds to construct and maintain over 6,500 miles of public roads, highways, and
bridges for its citizens. In addition, there are several airports capable of servicing a wide variety
of aircraft sizes, including major airports (Savannah International Airport and the Glynco Jetport
in Brunswick) and many smaller airfields throughout the coastal zone. The area is also served by

railways such as AMTRAK, CSX, and Norfolk-Southern. In addition, the entire Georgia coastal
area is within one or two hours of the Jacksonville, Florida or the Charleston, South Carolina
metropolitan area.

State and federal government entities own a wide variety of lands in coastal Georgia.
Many of these areas are maintained as natural areas, and are very important to the ecological
health of the area. These areas provide habitat for wildlife, control floodwaters, recharge
groundwater supplies, and improve surface water quality. The federal government owns and
maintains Cumberland Island National Seashore, Wassaw Island National Wildlife Refuge,
Harris Neck National Wildlife Refuge, Gray's Reef National Marine Sanctuary, Fort Frederica
National Monument, Fort Pulaski National Monument, Bloody Marsh National Monument, Wolf
Island National Wildlife Refuge, Savannah National Wildlife Refuge, and Blackbeard Island
National Wildlife Refuge. The Georgia Department of Natural Resources maintains parks and
recreational areas at Skidaway Island and Crooked River; Wildlife Management Areas (WMAs)
at the Altamaha River, Richmond Hill, Ossabaw Island, Paulks Pasture (lease), Sapelo Island
(Richard J. Reynolds WMA), and Sansavilla (lease); State Heritage Preserves and Historic Sites
at Fort King George, Fort McAllister, Wormsloe, Sunbury, Richmond Hill, Little Tybee Island,
Cabbage Island and Hofwyl-Broadfield Plantation.

d. Economy and Natural Resources

The coast of Georgia enjoys a dynamic and diverse economy based largely on the region's
abundant resources, including natural waterways, groundwater, pine forests, fisheries, and natural
and historic features. Regional unemployment figures for 1991 ranged from a high of 7.6% in
Brantley County to a low of 3.6% in Camden County. The eleven-county average of 5.4%
unemployment is similar to the Georgia statewide unemployment figure of 5.0%. Median
income figures for the area ranged from a high of $29,443 in Effingham County to a low of
$18,802 in Long County. Per capita incomes ranged from $17,776 in Chatham County down to
$8,080 in Long County.

< Part IlI- 14 >

L ~~~~The average median income and per capita income for the region during 1989-1990 was
$24,381 and $12,630 respectively. Both averages are approximately 20% lower than the Georgia
statewide average median income of $29,021 and average per capita income of $17,045. In
1989, 17.3% of the region's citizens were below the poverty level ($12,674 for a family of four)
versus the state average of 14.7%. Camden County had the lowest poverty level of 11.5%, while
Long County had the highest poverty level at 23.7%.

The eleven-county coastal area accounts for $6.2 billion in total buying power, 6.4% of
the Georgia state total of approximately $97 billion. Seventy percent of that buying power ($4.3
billion) comes from Chatham and Glynn Counties. There is a tendency for wealth in the Georgia
coastal area to be clustered near the population centers of Savannah and Brunswick and the
military facilities of Camden and Liberty Counties, and absent from the rural counties of
Brantley, Charlton, Long, McIntosh, and Wayne.

Extensive plantings of pine forests signify the importance of the timber industry in coastal
Georgia. Timber activities include forestry management, timber harvesting, paper pulp
processing, and pine product distillation. The long summer growing periods, plentiful rainfall,
fertile soils, and access to large quantities of groundwater make the coastal area very conducive
to timber growth and processing. Commercial forests cover much of the land area in the Georgia
coastal area and produced a total income (from sawtimber and pulpwood) of $110.5 million in
1993. Georgia Pacific pulp mill employs 850 people, and the Hercules plant, which distills pine
oils, employs 544 people. Union Camp Corporation in Savannah employs 2,800 people.
Riceboro Interstate Paper Corporation, ITT Rayonier (Jesup), Stone Container Corporation
(Savannah), Fort Howard Paper Corporation (Rincon), and Gilman Paper (St. Mary's)
collectively employ another 4,350 people.

Other major manufacturers in the Savannah area include Gulfstream Aerospace (jet
aircraft), Great Dane Trailers (truck trailers), Savannah Sugar Refinery (refined sugar), and
Kernira, Incorporated (titanium dioxide, a paint pigment). Major manufacturing operations in the
Savannah area provided a total of 15,800 jobs in 1993.

Row crop agriculture as well as livestock and poultry operations are also an important
economic activity, especially in the second tier of coastal counties (Brantley, Charlton,
Effingham, Long, and Wayne). In 1987, the eleven coastal counties contained 1,195 individual
farms, comprising 7.3% of the total coastal land area. Tobacco is the most important row crop,
along with corn, soybeans, peanuts, and cotton. Approximately 19,000 head of cattle are raised
in the coastal zone, along with about 17,800 hogs and pigs and several million chickens.

Waterborne commerce and associated port development provides significant employment
and revenue in coastal Georgia due to protected waterways, suitable physical port locations, and
attractive local and regional markets. Savannah and Brunswick are the two major ports in
Georgia that possess modern docking, storage, and land transportation facilities. Kings Bay

I ~~~Naval Submarine Base also has significant dockage facilities, but it is used exclusively by the

U. S. Navy. In 1989, Savannah and Brunswick handled almost 15 million tons of cargo.4
Products landed and shipped from Georgia ports range from automobiles and wood products to
grains and gypsum. The 138 mile long Georgia segment of the Atlantic Intracoastal Waterway
supports substantial barge and other commercial traffic.

The commercial fishing and seafood processing industry is yet another important
economic factor on the Georgia coast. In 1995, there were approximately 2,500 commercial
fishers in Georgia, principally trawling for shrimp. Blue crabs, whelks, clams, and oysters are
also important species in the industry. In 1995, approximately 7 million pounds of shrimp valued
at $27 million, 9 million pounds of blue crabs valued at $5 million, and 1.3 million pounds of all
other species (snapper, grouper, oysters, clams, and other finfish and shellfish) valued at over
$1.3 million were landed in Georgia. In that same year, over 1,400 people were employed in I1I
seafood packing and processing houses, along with 50 wholesale seafood dealers employing over
100 people. Rich-Sea Pak and King and Prince, two large seafood processing houses, employ
approximately 800 and 600 people, respectively.

Recreation and tourism is also an integral component of the coastal economy. The
natural, relatively undisturbed shorelines and beaches of Georgia coupled with the temperate
climate make coastal Georgia an attractive vacation destination. Abundant natural and historic
resources, such as the National Historic Landmark districts in Savannah and Jekyll Island,
Cumberland Island National Seashore, Fort Frederica National Historical Monument, the top-
class golf courses, and abundant recreational fisheries, add to the allure of the area. Four State
Parks and four State Historical Sites are operated by the State of Georgia and are open to the
public. Many visitors enjoy recreational fishing, as evidenced by a 1994 survey that estimated
443,717 anglers state-wide participate in saltwater fishing in Georgia. These fishers catch over
three million fish, creating an expenditure of $53.4 million annually, as well as a total economic
value of over $250 million annually. Other popular activities include tennis, golfing, sailing, and
scuba diving. Boating is another popular recreational activity, with almost 25,000 boats
registered in coastal Georgia and over 40 marinas and 36 public boat ramps to serve them.

Savannah area visitors totaled 5.4 million in 1993, generating almost $616 million in
spending and supporting 18,000 full-time jobs. In 1995, 1.53 mifllion Glynn County tourists
spent approximately $700 million dollars and supported 15,322 full-time jobs annually. The
total impact from tourism in the Georgia coastal area was estimated at around $1.39 billion in
1993. Tourism continues to grow each year, and more people are choosing coastal Georgia as a
place to retire.

< PartmII- 16 >

19,000 employees in 1993. Also in 1993, Hunter Army Air Field in Savannah employed 4,800
personnel. United States Coast Guard personnel in Savannah and Brunswick are economically
important to their communities. The Federal Law Enforcement Training Center (FLETC) in
Brunswick trains law enforcement personnel for over 70 federal agencies across the U.S.,
employing approximately 1,300 people and graduating 25,000 people annually.

5. Environmental Quality

While coastal Georgia is rich in natural resources, maintaining the quality of those
resources is of growing concern to coastal residents. Major issues include: wetlands reduction,
toxic substances, nonpoint source pollution, groundwater management, and surface water
withdrawal.

a. Wetlands Reduction

Wetlands are some of the most productive natural areas in the world. Important fish and
wildlife habitat, wetlands are the nursery areas for most of the fish and shellfish used for human
consumptions. These fish and shellfish also depend on wetlands for breeding, spawning, feeding,
and shelter. Migratory birds and waterfowl use wetlands for food, shelter, breeding, and
wintering grounds. Many other animal species, including many threatened and endangered
species, rely on wetland habitats.

Wetlands also provide important recreation areas for boaters, hunters, fishers,
birdwatchers, hikers, photographers, etc. Functionally, wetlands are important in helping control
flooding and erosion. Located between water bodies and high ground, they serve as buffers to
protect upland property. Wetlands also help improve water quality and availability. They purify
water by processing nutrients and trapping suspended materials. They help improve water
availability by absorbing water in wet seasons and gradually releasing it during dry periods.

According to the U.S. Fish and Wildlife Service, Georgia has lost approximately 25% of
its total wetlands acreage since 1780. During the twenty-year period between 1950 and 1970, the
estimated loss to Georgia's wetlands was 146,000 acres or an average of 7,300 acres per year
statewide. While this is a substantial loss, Georgia retains the highest percentage of precolonial
wetland acreage of all the southeastern states. One and one half million acres of wetlands are
found within the eleven coastal counties. Of these, approximately 378,000 acres are estuarine
wetlands, and the remainder are freshwater wetlands. Coastal fresh- and saltwater wetlands
comprise over forty percent of the total wetlands acreage of Georgia.

As with most coastal areas, the population of coastal Georgia is growing tremendously.
As the population increases and persons move into the coastal counties, those individuals must
have access to places to live, work, and play. The creation of these amenities of life puts
excessive pressure on fragile coastal ecosystems and contributes to the continuing loss of coastal

< Part Ill - 17 >

wetlands. The impacts of industrial, commercial, and residential development; soil erosion and
sedimentation; point and nonpoint source pollution; waste management; and many other matters
of natural resource degradation are priority environmental issues affecting wetlands in Georgia.

b. Toxic Substances

Posing direct threats to human health as well as natural resources, toxic substances are a
major concern in coastal Georgia. According to the Georgia Environmental Protection Division,
the sources of toxins are widespread. Some municipal and industrial treated wastewater contains
concentrations of heavy metals coming from plumbing or industrial processes. Fish are
especially sensitive to metals, and their populations may be affected by small concentrations that
pose little threat to humans. Stormwater runoff may also contain toxins in the form of metals or
organic chemicals such as pesticides or PCB's. Organic chemicals persist in the environment for
many years, so toxic levels may remain long after production of the chemicals is outlawed.
Although concentrations of carcinogenic organic compounds may accumulate in fish flesh
without damage to the animal, regular consumption of fish contaminated with these compounds
greatly increases the risk of cancer for humans.

Two sites on the U.S. Environmental Protection Agency's National Priorities List
(Superfund) of the 1,210 worst hazardous waste sites in the country, Hercules 009 Landfill and
LCP Chemicals, are located in Glynn County. At the Hercules site, soils and sediments are
contaminated with toxaphene, which is a chlorinate pesticide. The entire LCP site is
contaminated with mercury, and high levels of lead and PCBs are also present. Parts of the
Turtle River, near the LCP site, are closed to commercial and recreational fishing due to the
contaminated sediments. In addition to these nationally listed sites, the State of Georgia
maintains a Hazardous Site Inventory. Fifty-three of the 336 sites on this inventory are located in
the coastal area, mostly in Chatham and Glynn counties. The Georgia Environmental Protection
Division is cooperating with the U.S. Environmental Protection Agency on the cleanup of the
Superfund sites, and is cooperating with persons responsible for the contamination to investigate
and clean up the sites on the Georgia Hazardous Site Inventory. Despite agency efforts, cleanup
is costly and difficult. Coastal citizens near the sites raise concerns about contaminated seafood,
health risks, and environmental justice.

c. Nonpoint Source Pollution

In Georgia, as elsewhere across the nation, the focus of pollution impact on aquatic
systems has shifted from point source to nonpoint source pollution. While point source pollution
has an easily identifiable discharge site, nonpoint source pollution is defined as contamination
that cannot be directly linked to a specific point of discharge. Nonpoint sources may include
agricultural and forestry runoff, urban and suburban runoff, erosion and sedimentation,
construction activities, and mining activities. Contaminants may include sediments, litter,
bacteria, herbicides, pesticides, fertilizers, metals, oils, cleansers, etc.

< Part mII- 18 >

Due to the nonspecific nature of nonpoint source pollution, a combination of regulatory
and nonregulatory approaches is necessary to control impacts. Often, voluntary techniques such
as pollution prevention and best management practices are effective. Recognizing nonpoint
source pollution as a key issue and challenge to be addressed, the Georgia Environmental
Protection Division established the Nonpoint Source Program in 1996. This program seeks to
expand existing nonstructural techniques through an approach that stresses watershed protection
through planning, zoning, buffer zones, and building densities, as well as increased use of
stormwater retention ponds, street cleaning, and perhaps eventual limitations on pesticide and
fertilizer usage.

d. Groundwater Management

Coastal Georgia has a series of aquifer systems that vary in their confinement, depth,
geologic characteristics, and water yield. The limestone strata underlying the coastal plain form
one of the most productive aquifer systems in the country. The shallowest aquifers are near the
surface in unconsolidated sediments, and are generally unconfined. The aquifers range in depth
from 11 to 72 feet, and commonly yield two to 25 gallons of water per minute. They serve as a
supplemental source of water in urban areas, and a primary source of water for domestic and
livestock use in rural areas. Shallow wells are routinely tested for nitrates and pesticides by the
Georgia Environmental Protection Division. Although a few wells have been found to be
contaminated with nitrates, attributable to adjacent sources of pollution, no wells in the coastal
area have been found to be contaminated with pesticides.

The Upper and Lower Brunswick aquifers are located in phosphatic and dolomitic quartz
sand, and are generally confined. They range in depth from 85 to 390 feet, and commonly yield
10 to 30 gallons of water per minute. In coastal Georgia, these aquifers are considered to be a
supplemental water supply to the Upper Floridan aquifer. Most wells tap both the Floridan
aquifer and parts of the Upper and Lower Brunswick aquifer. Beneath the Floridan aquifer lie
the Claiborne, Clayton, and Cretaceous aquifers. These aquifers are less important as water
sources for the coastal area, although the Clayton Aquifer is stressed due to heavy use in
southwest Georgia.

The Floridan aquifer is a limestone, dolomite, and calcareous sand aquifer system, and is
generally confined. Its depth ranges from 40 to 900 feet, and it commonly yields 1,000 to 5,000
gallons of water per minute, though it can exceed 11,000 gallons per minute. Since the aquifer is
deeply buried in the coastal area, the groundwater level is influenced greatly by pumping and is
not recharged from local precipitation. Instead, it is recharged with water where it is exposed
near the fall line that runs from an area south of Augusta towards Macon, through Albany to
Bainbridge. The aquifer flows from the fall line toward the ocean and provides water to the
coastal area. The Floridan aquifer supplies 50 percent of groundwater used in Georgia. This
aquifer is impacted by saltwater intrusion in certain areas, due to excessive pumping pressure.

< Part III - 19 >

The major withdrawals from the Floridan aquifer occur in the Savannah, Brunswick, and
Jesup areas. Since pumping began in the late 1800's, withdrawals have lowered the level of the
Upper Floridan aquifer and formed cones of depression centered at Brunswick and Savannah.
This water level decline has allowed saltwater to migrate upward into the Upper Floridan aquifer
in Brunswick from the Fernandina permeable zone, contaminating the freshwater supply. The
reduced pressure from groundwater pumping in the Savannah/Hilton Head area is allowing
horizontal movement of saltwater into the Upper Floridan in a process called saltwater
encroachment. The Upper Floridan water level in the Savannah area is mainly affected by
pumping for municipal and industrial uses. The Upper Floridan water level in the Jesup-
Doctortown area near Brunswick is mainly affected by industrial pumping.

The Georgia Environmental Protection Division is working with sister agencies in South
Carolina and Florida to develop a comprehensive solution to problems associated with regional
use of the Upper Floridan Aquifer. The Environmental Protection Division is also working on an
interim strategy for groundwater use in southeast Georgia, to include water supply planning,
conservation and alternative water supplies, adjusted water withdrawal permitting, and technical
investigations of potential solutions to saltwater intrusion. Nevertheless, aquifer management
remains a public concern. As pressure on groundwater use increases and saltwater intrusion and
lowering of the water table limit the usefulness of the aquifer, groundwater management issues
become more pressing. The continued availability of high quality groundwater is a major
limitation for residential, commercial, and industrial development in coastal Georgia. Long-term
planning for alternative water uses such as surface water use and water conservation, and limiting
excessive withdrawals are necessary to ensure continued access to water and to allow continued
economic growth while still achieving groundwater quality standards.

e. Surface Water Withdrawal

With the increasing concern of saltwater intrusion in the groundwater, alternative water
supplies are under consideration. Although north Georgia relies almost exclusively on surface
water, coastal Georgia has until now enjoyed use of the Upper Floridan aquifer. Recent
applications for surface water withdrawals have sparked public concern over the effect of the
withdrawals on anadrornous fishes, endangered species, and local hydrology. Of primary
concern is that the actual environmental consequences of such withdrawal are unknown. One of
the first rivers being considered as a surface water source, the Altamaha River is also a uniquely
important heritage in coastal Georgia. Potential withdrawals from this river have cultural and
economic, as well as biological and geological implications. As the coastal region receives
increasing development pressure, area residents will have to make some difficult decisions about
water use and management.

< Part HI -20 >

D. Environmental Consequences

By enacting the CZMA, Congress declared that "it is national policy... to preserve,
protect, develop, and where possible, to restore or enhance the resources of the Nation's coastal
zone for this and succeeding generations." (CZMA Section 303, 16 U.S.C. � 1452.) States are to
achieve these potentially conflicting goals by improving governmental coordination,
incorporating consideration of long term implications of development decisions, and instituting a
more rational decision-making process which conforms to CZMA policies. Such actions have
the potential to substantially affect future coastal area activity and have a significant positive
environmental impact. The CZMA mandates giving full consideration to ecological, cultural,
historic and aesthetic values as well as to needs for economic development when considering
various development proposals.

Thus, many factors and diverse, often conflicting values between resource protection and
development must be weighed. The CZMA requires that a balance must be achieved which
allows or encourages development, while still protecting unique and critical resources.

It is the intent of the GCMP to carry out these legislative mandates of the CZMA.
Therefore, the environmental, institutional and socioeconomic effects are expected to be
primarily beneficial. The GCMP will provide more coordinated decision-making with a greater
focus on critical coastal issues such as wetland protection, beach and dune management, and
nonpoint source pollution.

Impacts associated with approval of the GCMP are of two types: (1) impacts resulting
from federal approval and (2) impacts resulting from implementation of Georgia's coastal
protection statutes embodied within the program. In general, such impacts are discussed in the
following sections with respect to direction of change (positive or beneficial, negative, or neutral)
and with respect to duration (long-term or short-term). Because the proposed action is approval
of a broad ranging program, quantification of net effects is not possible. Impacts of denying or
delaying federal approval are discussed below as well.

1. Positive Impacts Directly Resulting from Federal Approval

a. Section 306 Funding

Federal approval will enhance the State of Georgia's financial ability to carry out its
various coastal management efforts in accordance with Georgia Coastal Management Program
policies. The state will rely to a considerable degree on the program funding made available in
annual grants under Section 306 of the federal Coastal Zone Management Act, both to administer
the Georgia Coastal Management Program (forty percent) and to pass through as Coastal
Incentive Grants (sixty percent). Program administration funding will support additional staff,
contracts, services, and other resources to enhance implementation of core Georgia Coastal
Management Program laws. Local communities will benefit both from additional resources
invested in technical assistance and outreach activities provided by the Georgia Coastal

< Part mI- 21 >

Management Program, and from the Coastal Incentive Grants. Section 306 funds will be used
for the following efforts.

� Salaries for Program Staff -- eight, as described below.

(i) Program Manager -- to manage the daily operation of the Georgia Coastal
Management Program, to handle federal consistency and interagency coordination, to
assist with the Coastal Incentive Grants, to provide outreach and technical assistance, and
other duties;

(ii) Public Education and Outreach Coordinator -- to create a public outreach strategy, to
develop public education materials, and to coordinate Georgia Coastal Management
Program public outreach, education, and information activities;

(iii) Permit Coordinator, Savannah -- to staff a newly opened Habitat Management
Program site office in Savannah, to provide technical and permitting assistance to citizens
in the Chatham County area, to improve enforcement and compliance;

(iv) Grants Coordinator -- to administer the Coastal Incentive Grants, to evaluate grant
applications based on criteria developed by the Coastal Advisory Committee, to negotiate
grant contracts, and to monitor awards;

(v) Technical Assistant for 401 -- to review and make recommendations on Section 401
Water Quality Certification for projects in the coastal area. This position is currently
funded by other sources, and will eventually be funded by Section 306;

(vi) Technical Assistant for 6217 -- to develop a coastal nonpoint pollution control
program for approval pursuant to Section 6217. If funding is appropriated to implement
6217, that funding will be used instead of Section 306.

(vii) Administrative Technician for Permitting -- to provide support for the Habitat
Management Program in administering Coastal Marshlands Permits, Shore Permits,
Revocable Licenses, and the Water Bottom Leases; and,

(viii) Administrative Technician for Coastal Management -- to provide support for the
Coastal Management Program and the Operations Program in administering federal
consistency, interagency coordination, public outreach, and Coastal Incentive Grants.

� Operating Expenses -- to include publications and printing, supplies and materials, travel, per
diem fees and contracts, computer services charges, telecommunications, equipment
purchases, and other operating expenses.

� Coastal Incentive Grants -- to enhance the coastal area and further the goals of the Georgia
Coastal Management Program creatively and proactively, the Coastal Resources Division

< Part 1R- 22 >

will administer Coastal Incentive Grants. These grants will be provided on a competitive
basis to local governments, educational and research institutions, and state agencies for
projects of local and regional significance. Funded projects may include, but are not
limited to: educational materials, planning studies, public access improvements,
improvements in regulatory processes, economic development enhancements, and
resource monitoring projects.

Funding for such efforts is expected to have direct beneficial impacts on the natural and
socioeconomic environment of the coastal region, through protection of natural areas and other
sensitive resources, provision of public access, waterfront revitalization, comprehensive
planning, streamlining of permits and the monitoring of their effects, and conflict resolution. The
integrated management approach of a coordinated cooperative GCMP is expected to result in
direct benefits to the environment through a heightened proactive focus on coastal resource
management. The GCMP provides the framework for a partnership among state and local
agencies and other entities, public and private, to cooperate to preserve, protect, develop and
restore the region's unique values.

b. Federal Consistency Review

Federal approval and implementation of the GCMP will have effects upon federal agency
actions. Approval will activate the federal consistency review provisions of Section 307 of the
CZMA. The GCMP federal consistency process and relevant provisions of 15 C.F.R. Part 930
are described in Part II, Chapter Eight. Because federal consistency entails early coordination
and closer cooperation in planning as well as review of project proposals, it is presumed that
federal consistency will provide another means to minimize the potential for adverse
environmental impacts. This is considered to be a desirable impact and one of the main purposes
of the CZMA.

The GCMP has been developed with the assistance and input of numerous federal
agencies having responsibility for activities in or affecting the coastal area. Therefore, conflicts
between the GCMP's enforceable policies and federally permitted or conducted activities should
be minimal. The GCMP has executed a Memorandum of Agreement with the Savannah District
of the U.S. Army Corps of Engineers which will further promote coordination between the Corps
and the program. Federal activities will not be excluded but rather will be required to be
consistent with the GCMP's policies.

c. National Interest

Part II, Chapter Six of this DEIS describes how the siting of land and water uses of
regional benefit and consideration of national interest are integrated in the program.
Coordination with federal agencies is described in Part II, Chapter Four. Georgia's coastal
management statutes include formal public notice and federal agency coordination procedures to
consider the national interest. Regional interests are considered in a variety of state programs,
including the Georgia Planning Act and state eminent domain authority. Thus, the potential for

< Part III - 23 >

conflicts between state, regional and national goals is reduced. In implementing the GCMP,
Georgia will provide such avenues for considering the national interest in program decisions.

2. Positive Impacts Directly Attributable to GCMP Approval

Development of the Georgia Coastal Management Program has brought about several
improvements to the management of Georgia's coast. The most prominent was the passage of
the Coastal Management Act (O.C.G.A. 12-5-320, et seq.) in 1997. This additional authority was
necessary for Georgia to meet minimum requirements for program approval by NOAA. The Act
statutorily designates the Department of Natural Resources (DNR) as the lead agency for the
GCMP (O.C.G.A. 12-5-323(a)), provides authority for DNR to make reasonable inspections to
ensure activities are consistent with the program (O.C.G.A. 12-5-325), requires all state agencies
to coordinate and cooperate with the DNR in administering the program (O.C.G.A. 12-5-326),
and requires that state agencies exercising regulatory, management, or planning authority in the
coastal area to do so in a manner consistent with the policies of the program (O.C.G.A. 12-5-
326).

The Coastal Resources Division (CRD) of DNR has primary responsibility for
administering the GCMP, and several core authorities of the program fall within CRD's purview.
These are described in detail in Part II, Chapters Four and Five. Several of the additional
enforceable policies of the GCMP are administered by other divisions of the DNR. Memoranda
of Agreement between the Coastal Resources Division and other DNR Divisions and state
agencies will further foster coordination and unified implementation of the GCMP.

Georgia's Coastal Advisory Committee, an offshoot of the committee appointed by
Governor Miller in 1992 to assist with program development, will continue to advise the GCMP.
The Committee will develop criteria for the GCMP's Coastal Incentive Grants and establish
annual funding priorities. The Committee will be expanded to include representatives from
every municipality and county in Georgia's coastal zone.

Other impacts attributable to the GCMP are government simplification; improved
assistance to applicants, local governments, and the public; enhanced environmental science and
understanding; and increased public education, outreach, and coastal access. A number of these
topics are detailed also in Part I-B, "Changes the Program Will Make."

a. Simplify Government

One of the primary goals of the Georgia Coastal Management Program is to simplify
bureaucratic processes and serve the public more efficiently. During Program development, the
Coastal Resources Division identified many possibilities for improving government service.
Some of the following simplifications have already been implemented, some will be enhanced,
and some will be initiated once the Program receives federal approval. As the Program is
implemented, the Division will continue to seek improvements.

< Part m - 24 >

k-
L

Revocable License: Required for private use of state owned tidal water bottoms, all
- ~~~Revocable Licenses are issued for projects in the coastal area. This license is often issued in
conjunction with a Marsh Permit or Shore Permit. The Revocable License was formerly
administered in Atlanta, far from the coast, while the Coastal Resources Division in Brunswick
reviewed similar information for Marsh and Shore permits. Through the coastal management
evaluation process, staff discerned the Revocable License could be more effectively and
efficiently administered at the Coastal Resources Division, thereby eliminating duplication of
effort. Issuance of the License was subsequently transferred to the Division.

State Programmatic General Permit for Recreational Docks: The U.S. Army Corps of
Engineers, working with local building officials, is authorized to issue general permits for
constructing recreational docks in the coastal area. This permit requires paperwork and review
very similar to the process for Marsh Permits and the Revocable License. To eliminate
duplication of effort and paperwork, a permit issued by the Army Corps of Engineers to the
Coastal Resources Division allows the Division to issue this State Programmatic General Permit
I ~~~for Recreational Docks. This delegation of authority removes the Corps from the process and
reduces the regulatory burden on the public.

401 Water Quality Certification Review: The Coastal Resources Division will assist the
DNR' s Environmental Protection Division with its administration of the Section 401 Water
Quality Certification program within the eleven-county coastal area. Staff of the Coastal
Resources Division will perform site analyses and technical review, and forward
r ~ ~~recommendations to the Environmental Protection Division, which retains authority to issue the
certification. The procedures are formalized in a Memorandum of Agreement between the
Divisions (Appendix V). The purpose of this cooperation is to reduce administrative overlap and
to make administrative procedures more efficient, since the Coastal Resources Division conducts
similar review of water quality impacts for Marsh Permits.

b. Assist Applicants, Local Governments, and the Public

Project Review Service: Though not required, the Coastal Resources Division
r ~~~encourages applicants in the eleven-county coastal area to submit preliminary development plans
for consultation. Upon implementation of the Georgia Coastal Management Program, Division
I ~~~staff will review plans for potential conflicts with the Program's policies and provide technical
assistance to help modify proposals and resolve conflicts. The staff will identify any required
- ~~~permits, licenses, and/or certifications relative to specific projects submitted for consultation and
will also make every effort to expedite application processes.

V ~~~~ Project Coordination Meetings: Upon implementation of the Georgia Coastal
Management Program, the Coastal Resources Division will offer project coordination meetings.
I ~~~These occasional meetings of permitting agencies will be convened at the request of applicants to
discuss project proposals. The purpose of the meetings is to foster agency coordination and
cooperation with respect to specific projects, and is not intended as an additional public review of
the merits of the proposed project. Project coordination meetings allow applicants to meet

< Part II11- 25 >

relevant state and federal permitting agencies during the project planning process, and also allow
permitting agencies to provide input during this planning and design phase. This helps the
applicant avoid delays during construction, helps agencies avoid conflict between respective
recommendations, and helps applicants and agencies avoid last-minute change requests.

Interagency Coordination Meetings: Upon implementation of the Georgia Coastal
Management Program, the Coastal Resources Division will organize quarterly meetings of all
state, local, and federal permitting agencies exercising regulatory authority and/or management
or planning authority in the coastal area. Representatives from all agencies in the coastal
management network shall be invited and urged to attend these meetings. The purpose of the
meetings is to foster agency coordination with respect to agency policies and procedures, air
issues, and improve cooperation. The meetings are not intended to review individual projects.

Savannah Site Office: The Coastal Resources Division has opened a site office in
Savannah to provide better service to citizens in the northern part of the Georgia coast. Chatham
County, containing the City of Savannah, is the most populous county in the Georgia coastal
zone, and its rapid growth is expected to continue. The permit coordinator hired to staff the site
office provides technical assistance to permit applicants, conducts site inspections, and enforces
permits and licenses issued by the Division.

Technical Assistance Initiative: The Coastal Resources Division provides guidance to
local governments, property owners, developers, and the public to clarify regulations, identify
agency contacts, advise on minimizing environmental impacts of proposed projects, and provide
expertise on coastal issues. Upon implementation of the Georgia Coastal Management Program,
the Division will expand this effort. The goal of the technical assistance initiative is to create a
central source of information on coastal management issues and regulations.I

Coastal Incentive Grants: While the Coastal Resources Division and other agencies in
the coastal management network implement the regulatory authorities of the Georgia Coastal
Management Program, these agencies have few resources for non-regulatory projects. In order to
enhance the coastal area and further the goals of the Coastal Management Program proactively
and creatively, the Division will award Coastal Incentive Grants. These grants will be provided
grants on a competitive basis to local governments, state agencies, and educational and research
institutions for projects of local and regional significance. Through this funding program, coastal
issues and concerns will be defined at the grass-roots level and local communities and
organizations will be provided with the financial resources to research, develop, and implement
solutions. Through the Coastal Incentive Grants, the Coastal Resources Division will fund
coastal environmental research and monitoring projects that further the goals of the Georgia
Coastal Management Program, as well as local public access projects (See Public Access section
below).

< Part II -26 >

c. Enhance Environmental Science and Understanding

Public Health Program: The Coastal Resources Division monitors coastal water quality
and implements the National Shellfish Sanitation Program for the State of Georgia. These
responsibilities include labeling areas open and/or closed to shellfishing, analyzing water quality,
educating the public on shellfishing safety issues, and implementing other programs that monitor
and improve coastal water quality. While the Division has always administered the Georgia
Shellfish Program, implementation of the Georgia Coastal Management Program increases
funding for monitoring projects.

Cooperative Projects: Coastal Resources Division staff members cooperate formally and
informally with agencies, universities, and other organizations regarding environmental science
F ~ ~and monitoring projects. Upon implementation of the Georgia Coastal Management Program,
the Division will seek additional partnerships to improve scientific understanding of Georgia's
coastal environment.

d. Increase Public Education and Outreach

Public Education: Improvements made in public outreach and education will increase
the public's understanding of coastal environmental science. Throughout the development of the
Georgia Coastal Management Program, the public placed a high priority on improving public
education. Upon Program implementation, the Coastal Resources Division will hire a public
education and outreach coordinator to inform the public about coastal resource issues.

Coastal Ark: The Coastal Resources Division will initiate a public and local government
I ~ ~~outreach and technical assistance program entitled the Coastal Ark. The Ark is a mobile resource
platform that will be driven to local communities to provide information directly to resource
users and local decision-makers. Although funded through alternative sources, the Ark is an
important component of the Georgia Coastal Management Program.

e. Public Access

Implementation of the GCMP will enable Georgia to provide funding through the Coastal
Incentive Grants to localities for construction of public access facilities and acquisition of lands
to increase access sites. The CRD may also expend funds to comprehensively inventory access
needs and potential sites. This will lead to better coordination of agency programs and policies
and improve public access to the coast, consistent with the provisions of the GCMP. Technical
assistance to and coordination with local communities will further promote the recreational
potential of underutilized urban or small town waterfronts through river and waterfront
development programs. Enhanced acquisition, planning, and development efforts for state
natural areas and state park facilities would also benefit public access to and enjoyment of
Georgia's coast. These would all benefit from increased resources and funding through GCMP
implementation.

< Prtn 11 - 27, >

f Environmental Justice

Approval of the Georgia Coastal Management Program will lessen the likelihood of
environmental inequities and may promote greater environmental justice. The GCMP policies
provide for the protection of resources, such as fish and shellfish and their critical habitats, that
are the mainstays of traditional coastal economies. The GCMP's Coastal Incentive Grants will
provide funds to local communities to increase access to Georgia's waterways and coastal lands
for all residents and provides the means to rehabilitate degraded urban and small-town waterfront
areas. Approval of the GCMP will also provide additional resources to the Coastal Resources
Division's coastal water quality monitoring and Shellfish Sanitation programs, which will
improve public health generally. In addition, the GCMP has designated areas of cultural
significance, such as the Hog Hammock community within the Sapelo Island National Estuarine
Research Reserve, and economic development areas, as Areas of Particular Concern. This
provides management protection to these areas and makes them eligible for construction and
acquisition projects under Section 306A of the federal Coastal Zone Management Act.

3. Impacts Resulting from Denving Federal Approval

Several environmental, economic and social impacts could result if OCRM decided to
deny approval of the GCMP. An obvious economic impact is the fact that federal funds under
Section 306 of the CZMA would not be available to administer the program, nor would Section
309 enhancement funds be available. Under Section 306 of the CZMA, Georgia would receive
about $950,000 annually to implement its coastal management program. In addition, state review
for consistency of federal actions, as required by Section 307 of the CZMA would not be
available to Georgia. Further, the environmental status quo would prevail regarding resource
protection and use in Georgia's coastal zone, and the technical assistance available to Georgia
from OCRM would not be as easily available without federal approval of the program.

4. Impacts Resulting from Delaving Federal Approval

The environmental, economic, and social impacts listed above that would result from
denial of federal approval of the GCMP would also apply to some extent to delaying approval of
the Program. Further, continued delay at this juncture could make it impossible, due to limits in
program development funding, for Georgia to enter the federal program in the future.

< Part III - 28> >

E. Unavoidable Adverse Environmental Effects

The probable effects of Georgia Coastal Management Program implementation will, on
the whole, be environmentally beneficial. Certain localized adverse environmental impacts may
result, however, as the state seeks to balance the conservation of coastal resources with the
recognized need for rational economic growth.

With or without the program, adverse impacts associated with the siting of major
facilities for purposes of defense, transportation, and energy requirements in which both the state
and federal governments have interest, will continue. It is important to note, however, that under
the Georgia Coastal Management Program and related federal laws (e.g., the National
Environmental Policy Act), such projects will be evaluated as to the impacts on the natural
coastal environment. That is, investigations will be made, alternatives considered, etc. The
Program also makes provisions for consideration of the national interest in the siting of these
facilities.

F. Relationship between Short-Term Uses of the Environment
and the Maintenance and Enhancement of Long-Term Productivity

Approval of the Georgia Coastal Management Program will not restrict short-term uses of
the environment since it is based on existing state authorities. Through more effective
administration of existing resource protection laws, the program will also provide long-term
assurance that the natural resources and benefits provided by the Georgia coast will be available
for future use and enjoyment.

The Georgia Coastal Management Program recognizes that in the short-term some
coastal-dependent developments have adverse environmental consequences, but that they may
still have to be located in the coastal zone to protect the inland environment as well as help
provide for orderly economic development, and meet national interest.

Regarding the long-term use of the environment, the Georgia Coastal Management
Program recognizes the coastal zone as a delicately balanced ecosystem; implements a process of
balanced management of coastal resources; allows growth to continue while protecting key
resources; and provides a framework which can protect regional, state, and national interests by
assuring the maintenance of the long-term productivity and economic vitality of coastal resources
necessary for the well-being of the public. Beneficial changes will likely promote avoidance of
long-term costs to the public and a diminished quality of life resulting from the misuse of coastal
resources.

< PartHIH- 29 >

G. Irreversible and Irretrievable Connufitments of Resources

The only irretrievable or irreversible commitment of resources that will result directly
from the approval of the Georgia program is the commitment of state and federal funds and
personnel for the purpose of achieving the goals and objectives of the program. It is presumed
that irretrievable and irreversible commitments of economic and environmental resources will
occur during the implementation of the Georgia program. This program is designed to balance
the need for development with the need for the protection and enhancement of coastal
environmental resources by avoiding, minimizing, and mitigating the consequences of coastal
development on resources such as wetlands, submerged lands, and the beach/dune sand sharing
system.

The program ensures that any such proposed activities which commit coastal resources
are subjected to comprehensive review as individual actions and as an action contributing to the
cumulative impacts taking place on coastal resources. Such review will ensure that those
irretrievable and irreversible commitments of resources which are undertaken under the Georgia
Coastal Management Program are made with full awareness of the consequences of those
commitments.

< Part Iff - 30 >~~~~~~~~~~~~~~~~~~~~~~

Part IV

LIST OF PREPARERS

PART IV:
LIST OF PREPARERS

Michelle Aldenderfer (GADNR) -- Ms. Aldenderfer has served as Senior Public Information
Specialist for the Coastal Resources Division of the Georgia Department of Natural Resources
for the past two and one-half years. She created and executed an outreach program for the
developing Georgia Coastal Management Program. She also serves as the public outreach
coordinator for the Marine Fisheries Section and the Ecological Services Section of the Division.
Ms. Aldenderfer earned a double bachelors degree in Public Relations and Environmental
Education at the University of Georgia.

Lonice Barrett (GADNR) -- Commissioner of the Georgia Department of Natural Resources,
Mr. Barrett is a native of Perry, Georgia and graduated from both Georgia Southern and Georgia
State with degrees in Parks and Recreation. He was appointed Commissioner by Governor Zell
Miller in May 1995. He has served with the Department of Natural Resources since 1970 in a
variety of positions including Commissioner, Deputy Commissioner, and Director of State Parks.
He formerly served as Director of Recreation for the City of Statesboro.

Kelie Cochran (GADNR) -- As Ecological Resource Specialist, Ms. Cochran provides technical
assistance to the Georgia Coastal Management Program by writing issue papers, researching
legal aspects of coastal management, giving computer assistance on publications and
presentations, and providing public outreach and information. Formerly with the Rhode Island
Department of Environmental Management's Environmental Coordination Division as well as
the Rhode Island Coastal Resources Management Program's Non-Point Source Pollution Section,
Ms. Cochran is now developing a wetlands water quality certification program for the Coastal
Resources Division. While working on her Master's Degree in Marine Affairs at the University
of Rhode Island, Ms. Cochran was a recipient of NOAA's Walter B. Jones Excellence in
Graduate Studies award. Her Bachelor's Degree in Marine Affairs was earned at the University
of Miami.

Janet Evans (GADNR) -- Marine Biologist with the Georgia Department of Natural Resources,
Coastal Resources Division, Ms. Evans is developing the Coastal Ark. Previously, she studied
land use and landcover mapping of the Altamaha River. She also provides editing and technical
assistance to the Georgia Coastal Management Program. Before coming to the Division, she
served as research technician at the University of Georgia Marine Institute on Sapelo Island,
studying red drum and sea trout. Ms. Evans received a Bachelor's Degree in Environmental
Studies from Eckerd College in St. Petersburg, Florida, and a Master's Degree (ABT) in Marine
Affairs from the University of Rhode Island.

Christina Faughnan (former GADNR) -- Former Administrative Technician for the Georgia
Coastal Management Program, Ms. Faughnan provided administrative, clerical, and secretarial
support during program development. Prior to working with the Department of Natural

< Part IV - 1 >

Resources, Ms. Faughnan served for almost nine years with the U.S. Navy, in various
administrative and clerical capacities.

Phillip Flournoy (GADNR) -- Mr. Flournoy began working for the Georgia Department of
Natural Resources in 1991, as a research technician with the shortnosed sturgeon project. From4
1992 to 1994, he was the first Program Manager for the Georgia Coastal Management Program.
Currently, he serves as Program Manager for the Operations Program and supervises
administrative processes and the shellfish sanitation project. Mr. Floumnoy holds a Bachelor's
Degree in chemistry and a Master's Degree in Public Administration from Georgia Southern
University.I
Duane Harris (GADNR) -- Director of the Coastal Resources Division since 1983, Mr. Harris
has served with the Georgia Department of Natural Resources for 27 years. His previous
positions include project leader for the oyster survey, project leader for artificial reef
development, and chief of fisheries. He represents the State in regional and national
organizations, and was past chair of the Atlantic States Marine Fisheries Commission and past
chair of the South Atlantic Fishery Management Council. He also was part of the U.S.
delegation to the International Commission of the Conservation of Atlantic Tuna in Madrid,
Spain. Mr. Harris is a scuba instructor, a member of Leadership Georgia, a 1996 Toll Fellow,
and a certified fisheries scientist.

David W. Kaiser (NOAA) -- Federal Consistency Coordinator, Coastal Programs Division,
Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric
Administration, U.S. Department of Commerce. Mr. Kaiser received his Juris Doctor degree
from the George Washington University National Law Center, his Masters degree in Marine
Affairs from the University of Rhode Island, and his B.A. degree in Political Science from the
University of New Hampshire. Mr. Kaiser has been OCRM's Federal Consistency CoordinatorI
since 1992 and worked in the Southeast Region of the Coastal Programs Division from 1987-

Rhonda Knight (GADNR) -- Mrs. Knight holds a Bachelor's Degree in criminal justice, with a
minor in sociology, and a teaching certificate. She has previously worked as a teacher in the
Glynn County School System (four years), was a Court Service Worker with the Division of
Youth Services (four years), and a Senior Caseworker with the Department of Family and
Children Services (two years). Presently she is a Secretary with the Georgia Coastal
Management Program, assisting the Program Manager in fulfilling the objectives of the Program.

Joshua Lott (NOAA) -- Coastal Management Specialist, Coastal Programs Division, Office of
Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration,
U.S. Department of Commerce. Mr. Lott received his B.A. in Political Science from the
University of Pennsylvania and his Master of Urban and Regional Planning from the George
Washington University. Mr. Lott has worked in the Southeast Region of the Coastal Programs4
Division since 1992.

Tiffany Lutterman (former GADNR) -- Currently Director of the Charlotte Harbor National
Estuary Program, Ms. Lutterman served as Program Manager for the Georgia Coastal
Management Program from 1994 to 1996. She received her Master's Degree in environmental
management from Duke University.

C. Victor Pyle, III (former GADNR) -- Mr. Pyle is currently the Project Manager for the Long
Island Sound Habitat Preservation and Restoration Project at Save the Sound, Inc. From 1994 to
1996, Mr. Pyle served as Technical Assistant for the Georgia Department of Natural Resources,
Coastal Resources Division, working on several U.S. Environmental Protection Agency Wetland
Protection Development Grants and assisting the Georgia Coastal Management Program with
writing, editing, and reviewing the Program Document. Mr. Pyle has a Bachelor of Science in
Marine Science from the University of South Carolina and is completing a Master of Science in
Oceanography and Coastal Science from Louisiana State University. He spent a year in
Washington, DC as a Knauss National Sea Grant Fellow with the U.S. EPA Wetlands Division.

Stuart Stevens, Ph.D. (GADNR) -- As Chief of the Ecological Services Section, Dr.
Stevens represents the Department on many State, regional, and national tasks forces,
committees, and boards to develop and implement improved techniques for coastal resources
management. His duties include supervision of the direct regulatory authorities described in the
Georgia Coastal Management Program Document, the Public Health Water Quality Testing
Project, numerous federal grant projects, and Georgia's emerging Coastal Management Program.
Dr. Stevens also participates as adjunct faculty at regional and State Universities. Dr. Stevens
earned a Bachelor's Degree in marine sciences from the University of South Carolina, a Master's
Degree in statistics from the University of Georgia, and a Doctorate in estuarine ecology also
from the University of Georgia.

LCDR Steve Thompson (NOAA) -- A commissioned officer of the NOAA Corps, Lieutenant
Commander Steve Thompson was stationed for two and a half years with the Georgia
Department of Natural Resources, Coastal Resources Division and provided technical expertise
to help the State develop the Georgia Coastal Management Program. LCDR Thompson earned a
Bachelor's Degree in Geography with a minor in Geology and a Master's Degree in
Environmental Studies/Policy from California State University. He has been a NOAA Corps
officer for 15 years, during which time he has spent nearly five years at sea in various capacities
on a number of projects including El Ni o studies, hydrothermal vent studies, and fisheries
research. He worked with the U.S. and foreign tuna industries to minimize the mortality of
dolphins by purse seiners, and he developed an algorithm and protocol for determining the sound
velocity in sea water. He is currently the Executive Officer aboard the NOAA Ship OREGON II.

Terry West (GADNR) -- Mr. West is the Program Manager for the Habitat Management
Program at the Coastal Resources Division, Georgia Department of Natural Resources. In this
capacity, he is responsible for regulatory permitting under the Coastal Marshlands Protection Act
and the Shore Protection Act, and allocation of State-owned tidal water bottoms. Mr. West

< Part IV - 3 >

began working for the Department in 1985 as a conservation officer with the Wildlife Resources
Division. In 1992, he transferred to the Coastal Resources Division to assist with developing the
Georgia Coastal Management Program. Mr. West received a Bachelor's Degree in business
administration from Oglethorpe University in Atlanta, Georgia.

Kathryn Zagzebski (GADNR) -- Program Manager for the Georgia Coastal Management
Program since 1996, Ms. Zagzebski manages the daily operation of the Program, develops
program documents, and provides technical assistance and public outreach. She received her
Bachelor's Degree from Augustana College in Illinois, majoring in Political Science and French,
and minoring in Computer Science. Following her undergraduate studies, she worked for Johns
Hopkins University and took courses in environmental studies. She earned her Master's Degree
in Coastal Environmental Management from Duke University. While attending graduate school,
Ms. Zagzebski worked on fisheries management and marine mammal issues. Before coming to
Georgia, Ms. Zagzebski volunteered as a research assistant with the Kewalo Basin Marine
Mammal Laboratory.

< Part IV -4 >

Part V

LIST OF AGENCIES, ORGANIZATIONS
AND INDIVIDUALS RECEIVING COPIES
OF THE DEIS

PART V:
LIST OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS
RECEIVING COPIES OF TILE DEIS

Federal Agencies

Council on Environmental Quality
Department of Agriculture
Natural Resources Conservation Service
U.S. Forest Service
Department of Commerce
Economic Development Administration
NOAA, National Marine Fisheries Service
NOAA, National Ocean Service
Department of Defense
Air Force
Army
Army Corps of Engineers
Headquarters
Savannah District Office
Marine Corps
k ~~~ Navy
Department of Energy
Department of Health and Human Services
Department of Housing and Urban Development
Department of the Interior
Fish and Wildlife Service
Minerals Management Service
National Park Service
Office of Environmental Policy and Compliance
Department of Justice
Department of Transportation
Federal Aviation Administration
I ~ ~~~Federal Highway Administration
Maritime Administration
U.S. Coast Guard
Environmental Protection Agency
Office of Federal Activities
Office of Wetlands, Oceans, and Watersheds
I ~ ~~~Region IV
Federal Emergency Management Agency
Headquarters

Region IV
Federal Energy Regulatory Commission
Federal Law Enforcement Training Center
Federal Maritime Commission
General Services Administration
Interstate Commerce Comm-ission
National Aeronautics and Space Administration
Nuclear Regulatory Commission
U.S. Senate Committee on Commerce, Science, and Transportation
U.S. House Committee on Resources

State and Regional Agencies and Local Governments

Association of County Commissioners of Georgia
City Halls in the Coastal Area
City of Savannah Water and Sewer Bureau
Coastal Advisory Committee members
Elected Officials in the Coastal Area
Georgia Department of Community Affairs
Georgia Department of Human Resources
Georgia Department of Natural Resources
Commissioner
Coastal Resources Division
Ecological Services Section
Marine Fisheries Section
Environmental Protection Division
Historic Preservation Division
Parks, Recreation, and Historic Sites Division
Sapelo Island National Estuarine Research Reserve
Pollution Prevention and Assistance Division
Program Support DivisionI
Wildlife Resources Division
Nongame/Endangered Wildlife Program
Georgia Department of Transportation
Georgia Emergency Management Agency
Georgia Farm Bureau
Georgia Forestry Commission
Georgia Ports AuthorityI
Office of the Attorney General
Office of the Governor
Office of the Lieutenant GovernorI
Office of the Secretary of State
Public Libraries in the Coastal Area

< Part V -2 >

Public Service Commission
Regional Development Centers
Coastal Georgia RDC
Heart of Georgia RDC
Southeast Georgia RDC
Savannah-Chatham Metropolitan Planning Commission

National Interest Groups

American Association of Port Authorities
I ~ ~American Bureau of Shipping
American Farm Bureau Federation
American Oceans Campaign
American Petroleum Institute
American Planning Association
American Sport Fishing Association
Association of State Floodplain Managers
I ~ ~Boat U.S.
Center for Marine Conservation
Clean Water Network
Coast Alliance
Coastal States Organization
Conservation Fund
Environmental Defense Fund, Inc.
Environmental Law Institute
Environmental Policy Center
Friends of the Earth
The Georgia Conservancy
International City/County Management Association
League of Women Voters of the United States
National Association of Conservation Districts
National Association of Counties
National Association of Home Builders of the United States
National Audubon Society
National Fisheries Institute
National Parks and Conservation Association
National Recreation and Parks Association
Natural Resources Defense Council
National Wildlife Federation
TherratCur ega Cofnservancy
Sierr Natubrega Defnservancy
U..Sailing Association
WrdWildlife Fund

< Part V -3 >

Individuals and Other Interested Parties

Upon request, copies were sent to all individuals and other interested parties not listed as
receiving copies of the DEIS.

< Part V ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~- 4

-~~~~~~~~~~~~~~~~~~~~~~~~~~M

Part VI

REFERENCES

PART VI:
REFERENCES

Akioka, Lorena M. 1994. Georgia Statistical Abstract, 1994-95. Selig Center for Economic
Growth. Athens, GA: University of Georgia Press. 521 pp.

Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power
Company, and Southern Electric Generating Company, 1988. Southern Electric System
Power Plant Directory.

Atlanta Gas Light Company. 1994. Atlanta Gas Light Company 1994 Annual Report.

Averitt, Jack N. 1964. Georgia's Coastal Plain, A History; Volumes I and II. New York: Lewis
Historical Publishing Company. 849 pp.

Bachtel, Douglas C. and Susan R. Boatright (eds.). 1993. The Georgia County Guide, Twelfth
Edition. Athens, GA: University of Georgia Press. ISSN 1044-0976. 197 pp.

Brunswick and Glynn County Development Authority. 1992. Brunswick and the Golden Isles of
Georgia Statistics. 4 pp.

Bush, David M. and Orrin H. Pilkey, Jr. 1992. Principles of Property Damage Mitigation from
Coastal Storms and Hurricanes: Examples from the North Carolina and South Carolina
Coasts. Duke University Department of Geology, Program for the Study of Developed
Shorelines. 156 pp.

Coastal Georgia Regional Development Center. 1993. Draft Overall Economic Development
Program: Coastal Georgia, 1993. Brunswick, GA.

Coastal Georgia Regional Development Center. 1993. Regional River Corridor Protection
Plan. Brunswick, GA.

Coastal Georgia Regional Development Center. 1996. Technical Staff Report (draft).
Brunswick, GA. 142 pp.

Coastal States Organization. 1994. The Coastal Zone Management Act: The Congressional
Plan for Managing America's Coasts. Washington, DC: Coastal States Organization,
Inc.

Department of Energy/Energy Information Administration. 1994. Federal Offshore Statistics:
1993. OCS Report, MMS 94-0060.

Department of Energy/Energy Information Administration. 1993. U.S. Crude Oil, Natural Gas,
and Natural Gas Liquid Reserves 1993 Annual Report.

Georgia Department of Natural Resources. 1978. A Scenic and Recreational River Proposalfor
the Great Altamaha Swamp. Atlanta, GA. 162 pp.

Georgia Department of Natural Resources, Coastal Resources Division. 1996. Angler's Guide to
Georgia Saltwater Fishing Access Sites. Brunswick, GA. 62 pp.

Georgia Department of Natural Resources, Environmental Protection Division. 1997. Georgia's
Environment 97. Atlanta, GA. 18 pp.

Georgia Department of Natural Resources, Environmental Protection Division. 1996. Water
Quality in Georgia 1994-1995. Atlanta, GA. 209 pp.

Georgia Department of Natural Resources, Wildlife Resources Division. 1992. Protected
Wildlife List. Brunswick, GA. 10 pp.

Georgia Public Service Commission. 1992 and 1995. Georgia Public Service Commission
Reports, 1992 and 1995.

Hodler, T.W. and H.A. Schretter (eds.). 1986. The Atlas of Georgia. Athens, GA: University
of Georgia Institute for Community and Area Development. 273 pp.

Johnson, A.S., H.O. Hillestad, S.F. Shanholtzer, and G.F. Shanholtzer. 1974. An Ecological
Survey of the Coastal Region of Georgia. National Park Service Scientific Monograph
Series #3. Washington, DC: Government Printing Office.

Kaufman, Wallace J. and Orrin H. Pilkey, Jr. 1993. The Beaches Are Moving: The Drowning of
America's Shoreline. Durham, NC: Duke University Press. 336 pp.

Krause, R.E., and R.B. Randolph. 1989. "Hydrogeology of the Floridan aquifer system in
southeast Georgia and adjacent parts of Florida and South Carolina." U.S. Geological
Survey Professional Paper 1403-D.

Lovell, Caroline Couper. 1981. The Golden Isles of Georgia. Atlanta, GA: Cherokee
Publishing Co. 300 pp.

McKee, Gwen (ed.). 1984. The Georgia Conservancy Guide to the Georgia Coast.
Jacksonville, FL: Miller Press. ISBN 0-9614284-0-6.

Municipal Electric Authority of Georgia. 1995. Unpublished Report.

< Part VI - 2 >

National Marine Fisheries Service and U.S. Fish and Wildlife Service. 1991. Recovery Plans
for U.S. Population of Loggerhead Turtle. Washington, DC: National Marine Fisheries
Service.

National Safety Council, Environmental Health Center. not dated. Covering the Coasts: A
Reporter's Guide to Coastal and Marine Resources. Washington, DC: National Safety
Council. 165 pp.

Official Code of Georgia Annotated. Also O.C.G.A. or OCGA.

Peck, M.F. 1991. "Potentiometric surface of the Upper Floridan aquifer in Georgia and
adjacent parts of Alabama, Florida, and South Carolina, May-June 1990." U.S.
Geological Survey Open-File Report 91-206.

Public Service Commission. 1995. Unpublished Materials.

Savannah Area Chamber of Commerce. 1994. Savannah Area Economic Trends, 1988-1993.
Savannah, GA: Savannah Area Chamber of Commerce. 38 pp.

Schoettle, H. E. Taylor. 1993. A Naturalist's Guide to St. Simons Island. St. Simons, GA:
Watermarks Printing Co. LCN: 93-61513. 120 pp.

Terrine Institute. 1993. American Wetlands Month Brochure.

U.S. Department of Commerce. 1976. Business Prospects Under Coastal Zone Management.
National Oceanic and Atmospheric Administration, Office of Coastal Zone Management,
Washington D.C.

U.S. Department of the Interior/Minerals Management Service, Information and Training
Branch. 1994. Facts About Offshore Natural Gas. OSC Report, MMS 94-0069.

F U.S. Geological Survey. 1994. "Ground-Water Conditions in Georgia, 1993." Open File Report
94-118. Atlanta, Georgia.

Wallace, R.K., W. Hosking, and S.T. Szedlmayer. undated. Fisheries Management for
Fisherman: A Manualfor Helping Fishermen Understand the Federal Management
I' Process. Mobile, AL: Auburn University Marine Extension and Research Center, Sea
Grant Extension. 56pp.

Wharton, C.H. 1978. The Natural Environments of Georgia. Geologic and Water Resources
F Division and Resource Planning Section, Office of Planning and Research, Georgia
Department of Natural Resources, Atlanta, Georgia.

< Part VI - 3 >

i
tI

I
I
I

II
II

< Part VI - 4 >~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Appendix I

THE GEORGIA COASTAL
MANAGEMENT ACT

APPENDIX I:
TILE GEORGIA COASTAL MANAGEMENT ACT

OFFICIAL CODE OF GEORGIA ANNOTATED
F ~~~~~VOLUME 10, TITLE 12: CONSERVATION AND NATURAL RESOURCES
CHAPTERS5: WATER RESOURCES,
ARTICLE 4: COASTAL WATERS, BEACHES, SAND DUNES, ETC.
PART 6: GEORGIA COASTAL MANAGEMENT ACT

12-5-320. Short title.

This part shall be known and may be cited as the "Georgia Coastal Management Act."

12-5-321. Legislative purpose.

The General Assembly finds and declares that the coastal area of Georgia comprises a vital
natural resource system. The General Assembly recognizes that the coastal area of Georgia is the habitat
of many species of marine life and wildlife which must have clean waters and suitable habitat to survive.
The General Assembly further finds that intensive research has revealed that activities affecting the
coastal area may degrade water quality or damage coastal resources if not properly planned and
managed. The General Assembly further finds that the coastal area provides a natural recreation
resource which has become vitally linked to the economy of Georgia's coast and to that of the entire state.
The General Assembly further finds that resources within this coastal area are costly, if not impossible, to
reconstruct or rehabilitate once adversely affected by human related activities and it is important to
conserve these resources for the present and future use and enjoyment of all citizens and visitors to this
state. The General Assembly further finds that the coastal area is a vital area of the state and that it is
essential to maintain the health, safety, and welfare of all the citizens of the state. Therefore, the General
Assembly declares that the management of the coastal area has more than local significance, is of equal
importance to all citizens of the state, is of state-wide concern, and consequently is properly a matter for
coordinated regulation under the police power of the state. The General Assembly further finds and
declares that activities and structures in the coastal area must be regulated to ensure that the values and
F ~~~functions of coastal waters and natural habitats are not impaired and to fulfill the responsibilities of each
generation as public trustees of the coastal waters and habitats for succeeding generations.

12-5-322. Definitions.

As used in this part, the term:

I ~ ~~~~~~(1) "Activity" or "activities" means an action or actions which will have reasonably
foreseeable effects upon land use, water use, or natural resources of the coastal area.

I ~ ~~~~~~(2) "Board" means the Board of Natural Resources.

(3) "Certification of consistency" means a certification made by a person in
connection with an application for a federally administered permit to conduct an activity or
activities as defined in this Code section. Such certification of consistency shall be based on

< Appendix I1-1I>

determination of the activity's compliance with the policies of the Georgia coastal management
program. Only those activities requiring a federally administered permit will require such
certification of consistency.

(4) "Coastal area" or "coastal zone"' means all tidally influenced waters and
submerged land seaward to the state's jurisdictional limits and all lands, submerged lands, waters,
and other resources within the counties of Brantley, Bryan, Camden, Chariton, Chatham,
Effingham, Glynn, Long, Liberty, McIntosh, and Wayne.

(5) "Department" means the Department of Natural Resources.

(6) "Determination of consistency" means a determination made by a federal agency
proposing an activity or activities as defined in this Code section. Such determination of
consistency shall be based on a determination of the activitys effects upon the coastal area. Only
those activities proposed to be undertaken by a federal agency will be subject to a determination
of consistency.

(7) "Federal agency" means the United States government and all its departments,
boards, bureaus, commissions, and wholly owned corporations owned by the federal government.

(8) "Federally administered permit" means only those permits, licenses, or approvals
required by federal law or regulation and issued by an agency of the federal government.

(9) "Georgia coastal management program" means a compilation of policies to guide
the public and private uses of land and waters within the coastal area administered by the
department in consultation with the state agencies and local governments of the coastal area and
approved by the Secretary of Commerce in accordance with the requirements of the federal
Coastal Zone Management Act of 1972, as amended, 16 U.S.C. Sections 1451 and following.

(1 0) "Local government" means a county, as defined by Code Section 36-1 -1, or an
incorporated municipality, as defined by Code Section 36-40-21, or any combination thereof,
which has been authorized by an Act of the General Assembly, any of which has within its
jurisdiction any coastal area.

(1 1) "Person" means any individual, partnership, corporation, municipal corporation,
local government, association, state agency, or public or private authority.

(12) "Policy" or "policies" of the Georgia coastal management program means the
enforceable provisions of present or future applicable statutes of this state or regulations duly
promulgated thereunder.

(13) "State agency" means this state and all its departments, boards, authorities,I

(14) "State permit" means all those permits, licenses, or approvals, whether required
by a federal or state law, which are administered by a state agency.

(15) "Submerged land" means all lands lying or being under tidally influenced waters
of the state.

< Appendix I1-2 >

(16) "Tidally influenced waters" means any water where the tide ebbs and floods on a
daily basis.

12-5-323. Powers and duties of the Department as to coastal area, generally.

(a) The department shall have the following authority, which shall not be delegated to any
other state agency:

(1) To prepare and administer a Georgia coastal management program and to
monitor and inform appropriate local, state, and federal agencies concerning enforcement of this
part and all rules, regulations, and orders upon which the Georgia coastal management program
is based;

(2) To accept, expend, grant, and administer moneys that are available from persons
or federal agencies to carry out the provisions of this part;

(3) To conduct public hearings on the Georgia coastal management program or any
actions taken under this part;

(4) To concur or object to a certification of consistency filed by a person only in
connection with an application for a federally administered permit and to concur or object to a
determination of consistency filed by a federal agency in connection with a federal activity based
on the policies of the Georgia coastal management program established pursuant to this part;
provided, however, that if, prior to completion of review of a federally administered permit or
federal activity under this part, the department receives notice of the denial of a state permit
necessary for the activity, the department shall object to all certifications of consistency or
determinations of consistency relating to the proposed activity filed by such person or federal
agency; provided, further, that nothing in this part shall be construed to prevent the department
from withdrawing such objection; and

(5) To exercise all incidental powers necessary to carry out the purposes of this part.

12-5-324. Powers of Board as to coastal area generally.

The board shall have the authority to promulgate rules and regulations for the implementation of
the Georgia coastal management program in accordance with Chapter 13 of Title 50, the "Georgia
Administrative Procedure Act."

12-5-325. Inspection of project areas by off icers of Department and conservation rangers.

The department shall, in addition to its other duties prescribed by law, coordinate and cooperate
with other state agencies, as necessary, as provided in paragraph (1) of subsection (a) of Code Section
12-5-323, and to make reasonable inspections within the coastal area where activities have been
proposed to determine whether the proposed activities are consistent with this part and the policies of the
Georgia coastal management program as provided in paragraph (4) of subsection (a) of Code Section
12-5-323.

< Appendix I1-3 >

12-5-326. Other agencies to cooperate; agreements; local governments.

All state agencies shall coordinate and cooperate with the department in the administration of this
part. All state agencies exercising regulatory authority or management or planning authority in the coastal
area shall administer such authority in conformity with the provisions of this part and shall apply such
regulatory authority in a manner consistent with the policies of the Georgia coastal management program.
All state agencies and local governments exercising statutory authority in the coastal area are authorized
to enter into agreements regarding implementation of the Georgia coastal management program within
their legal authority.

12-5-327. Powers of the Governor.

(a) The department shall prepare a document reflecting the Georgia coastal management
program for submission to the Governor. The Governor shall have the authority to review and approve
such document. Once approved, the Governor shall have the authority to submit the document reflecting
the Georgia coastal management program to the Secretary of Commerce for approval as outlined in the
federal Coastal Zone Management Act of 1972, as amended. At any time, the Governor, with the
concurrence of the General Assembly, may withdraw the state from participation in the federal Coastal
Zone Management Act of 1972 if it is determined that continued participation is not in the best interest of
the state.

(b) The department shall make a report every three years of its activities under this part to the
Governor and General Assembly. The report shall include a summary of the effeactiveness of the
program, a survey of user groups, and the department's opinion of the value of Georgia's continued
participation in the program. Copies of the report shall be provided to the Governor, the Lieutenant
Governor, the Speaker of the House of Representatives, the Chairperson of the House Natural Resources
and Environment Committee, the Chairperson of the Senate Natural Resources Committee, and the
Board of Natural Resources.

12-5-328. Eleventh Amendment immunity.

Nothing contained in this part shall be construed as a consent to waiver of immunity under the
Eleventh Amendment of the United States Constitution or consent for any other state to exercise
regulatory jurisdiction within the boundaries of this state.

12-5-329. Repeal of part.

Unless reestablished or continued by the General Assembly, this part shall stand repealed in its
entirety on July 1, 2004."

Ref: State of Georgia Peachnet Internet Site, http:/Iiwwwganet~orglservicesI
Downloaded June 15, 1997

< Appendix I1-4 >

Appendix II

DRAFT DEPARTMENT OF NATURAL
RESOURCES RULES TO IMPLEMENT
THE GEORGIA COASTAL
MANAGEMENT ACT

APPENDIX II:
DRAFT DEPARTMENT OF NATURAL RESOURCES RULES TO IMPLEMENT THE
GEORGIA COASTAL MANAGEMENT ACT

Coastal Management Program Chapter XXX-X-X

-- DISCUSSION DRAFT --

RULES OF
GEORGIA DEPARTMENT OF NATURAL RESOURCES
COASTAL RESOURCES DIVISION

By authority of the Georgia Coastal Management Act, O.C.G.A., Title 12, Chapter 5, Article 4,
Rules XXX-XX-X, relating to the Coastal Management Program, is amended by adding Rules to read as
follows:

CHAPTER XXX-XX-X
COASTAL MANAGEMENT PROGRAM

XXX-X-X.01 Public Notice.

State agencies exercising regulatory authority in the coastal area shall cooperate in administering
their regulatory authorities relative to proposed activities that will have reasonably foreseeable effects
upon land use, water use, or natural resources of the coastal area. Joint public notices shall be used
whenever possible for projects requiring authorization from two or more agencies. The agency issuing the
public notice shall include the following statement:

"Notification of Consistencv with the Georaia Coastal Manaaement Proaram: This notice
serves as notification of consistency with the policies of the Georgia Coastal Management
Program. The activity(s) proposed by this notice complies with all state laws, and rules
and regulations cited as policies, as described in the Georgia Coastal Management
Program Document. Comments concerning this action should be submitted to the
Coastal Resources Division, Georgia Department of Natural Resources, One
Conservation Way, Suite 300, Brunswick, GA 31520-8687."

XXX-X-X.02 Revision of Application Form to Include Consistency Statement.

State agencies exercising regulatory authority in the coastal area shall add to their application
forms an applicant certification of consistency to read as follows:

"This project is consistent with the policies of the Georgia Coastal Management Program.
The activity(s) proposed by this project complies with all state laws, and rules and
regulations cited as policies, as described in the Georgia Coastal Management Program
Document."

< Appendix 1 - 1 >

XXX-XX-X.03 Notification of Permit Application and Issuance.

State agencies exercising regulatory authority in the coastal area shall notify the Department of
Natural Resources, Coastal Resources Division of the receipt of a request for a license or permit that will
have reasonably foreseeable effects upon land use, water use, or natural resources of the coastal area.
Upon receipt of such notification, the Coastal Resources Division shall notify any federal agency(s) having
regulatory authority for the proposed activity(s).

State agencies exercising regulatory authority in the coastal area shall subsequently notify the
Coastal Resources Division upon issuance or denial of the state authority. The Coastal Resources
Division shall, upon notification from the state agency(s), notify the relevant federal agency(s) of the
state's consistency decision based on the issuance or denial of state authorities. The Coastal Resources
Division will not evaluate another state agency's action nor conduct a separate review of a project.

XXX-XX-X.04 No Delays in Permit Evaluation.

There shall be no delay in evaluation of a project by one state agency based on its legislated
responsibilities and evaluation criteria while awaiting the evaluation of another state agency. All required
state agencies shall conduct their evaluations concurrent with other agencies to minimize delays to the
applicant.

XXX-XX-X.05 Interagency Meetings.

State agencies exercising regulatory authority or management or planning authority in the coastal
area shall be invited by the Department of Natural Resources, Coastal Resources Division to attend
regular interagency meetings to coordinate agency policies and procedures. The Coastal Resources
Division shall organize such meetings on a quarterly basis.

In addition to quarterly coordination meetings, the Coastal Resources Division shall organize
meetings, at the request of applicants, of all state and federal agencies exercising regulatory authority or
management or planning authority in the coastal area. A representative from each agency shall be invited
and urged to attend these meetings. The purpose of the meetings is to foster coordination among
agencies with respect to specific projects, and is not intended as another public review of the merits of the
project.

Authority Ga. L. 1997, p. XXX, as amended; O.C.G.A. 12-5-320 et seq.

< Appendix II - 2 >

THE GEORGIA COASTAL MARSHLANDS
PROTECTION ACT

APPENDIX III:
THE GEORGIA COASTAL MARSHLANDS PROTECTION ACT

OFFICIAL CODE OF GEORGIA ANNOTATED
VOLUME 10, TITLE 12: CONSERVATION AND NATURAL RESOURCES
CHAPTER 5: WATER RESOURCES
ARTICLE 4: COASTAL WATERS, BEACHES, SAND DUNES, ETC.
PART 4: COASTAL MARSHLANDS

12-5-280. Short title.

This part shall be known and may be cited as the "Coastal Marshlands Protection Act of 1970."

12-5-281. Legislative purpose.

The General Assembly finds and declares that the coastal marshlands of Georgia comprise a vital
natural resource system. It is recognized that the estuarine area of Georgia is the habitat of many species
of marine life and wildlife and, without the food supplied by the marshlands, such marine life and wildlife
cannot survive. The General Assembly further finds that intensive marine research has revealed that the
estuarine marshlands of coastal Georgia are among the richest providers of nutrients in the world. Such
marshlands provide a nursery for commercially and recreationally important species of shellfish and other
wildlife, provide a great buffer against flooding and erosion, and help control and disseminate pollutants.
Also, it is found that the coastal marshlands provide a natural recreation resource which has become
vitally linked to the economy of Georgia's coastal zone and to that of the entire state. The General
Assembly further finds that this coastal marshlands resource system is costly, if not impossible, to
reconstruct or rehabilitate once adversely affected by man related activities and is important to conserve
for the present and future use and enjoyment of all citizens and visitors to this state. The General
Assembly further finds that the coastal marshlands are a vital area of the state and are essential to
maintain the health, safety, and welfare of all the citizens of the state. Therefore, the General Assembly
declares that the management of the coastal marshlands has more than local significance, is of equal
importance to all citizens of the state, is of state-wide concern, and consequently is properly a matter for
regulation under the police power of the state. The General Assembly further finds and declares that
activities and structures in the coastal marshlands must be regulated to ensure that the values and
functions of the coastal marshlands are not impaired and to fulfill the responsibilities of each generation as
public trustees of the coastal marshlands for succeeding generations.

12-5-282. Definitions.

As used in this part, the term:

(1) "Applicant" means any person who files an application under this part.

(2) "Board" means the Board of Natural Resources.

(3) "Coastal marshlands" or "marshlands" means any marshland intertidal area, mud flat,
tidal water bottom, or salt marsh in the State of Georgia within the estuarine area of the state, whether or

< Appendix - 1 >

not the tidewaters reach the littoral areas through natural or artificial watercourses. "Vegetated
marshlands" shall include those areas upon which grow one, but not necessarily all, of the following: salt
marsh grass (Spartina alterniflora), black needlerush (Juncus roemerianus), saltmeadow cordgrass
(Spartina patens), big cordgrass (SDartina cvnosuroides), saltgrass (Distichlis sDicata), coast dropseed
(Sporobolus virainicus), bigelow glasswort (Salicornia biaelovii), woody glasswort (Salicornia virainica),
saltwort (Batis maritima), sea lavender (Limonium nashii), sea oxeye (Borrichia frutescens), silverling
(Baccharis halimifolia), false willow (Baccharis anaustifolia), and high-tide bush (Iva frutescens). The
occurrence and extent of salt marsh peat at the undisturbed surface shall be deemed to be conclusive
evidence of the extent of a salt marsh or a part thereof.

(4) "Commissioner" means the commissioner of natural resources.

(5) "Committee" means the Coastal Marshlands Protection Committee created by this part.

(6) "Eligible person" means any person who is the owner of high land adjoining the state
owned marshland or water bottoms, or combination thereof, sought to be leased by said person such that
at least 100 percent of the landward boundary of the state owned marshland or water bottom, or
combination thereof, sought to be leased is bordered by said adjoining high land.

(7) "Estuarine area" means all tidally influenced waters, marshes, and marshlands lying
within a tide-elevation range from 5.6 feet above mean tide level and below.

(8) "Live-aboard" means a floating vessel or other water craft which is moored to a dock,
tree, or piling or anchored in the estuarine waters of the state and is utilized as a human or animal abode.
Live-aboards include but are not limited to monohulls, multihulls, houseboats, floating homes, and other
floating structures which are used for human or animal habitation.

(9) "Minor alteration" means any change in the marshlands which, taken singularly or in
combination with other changes, involve less than 0.10 acres. Minor alteration also includes renewal of
permits previously issued by the committee.

(10) "Person" means any individual, partnership, corporation, municipal corporation, county,
association, or public or private authority, and shall include the State of Georgia, its political subdivisions,
and all its departments, boards, bureaus, commissions, or other agencies, unless specifically exempted
by this part.

(11) "Political subdivision" means the governing authority of a county or a municipality in which
the marshlands to be affected or any part thereof are located.

(12) "Private dock" means a structure built onto or over the marsh and submerged lands which
is used for recreational fishing and other recreational activities, is not available to the public, does not have
enclosures, and does not create a navigation hazard; provided, however, that a private dock may be
covered and screened with wainscotting not higher than three feet and may be equipped with a hoist.

12-5-283. Coastal Marshlands Protection Committee created, members, powers, administrative
hearings and review.

(a) There is created the Coastal Marshlands Protection Committee to be composed of three
members. The commissioner of natural resources and two persons selected by the board shall be the
members of this committee. Both persons selected by the board shall be residents of Camden, Glynn,

< Appendix 1m - 2 >

McIntosh, Liberty, Bryan, or Chatham County. The committee shall issue all orders and shall grant, deny,
revoke, and amend all permits and leases provided for by this part. The members of the committee shall
be entitled to reimbursement of actual expenses and mileage together with a per diem as set by the board
to be paid out of funds appropriated for use by the department.

(b) Any person who is aggrieved or adversely affected by any order or action of the
committee shall, upon petition within 30 days after the issuance of such order or the taking of such action,
have a right to a hearing before an administrative law judge appointed by the board. The hearing before
the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the "Georgia
Administrative Procedure Act," and the rules and regulations adopted by the board pursuant thereto. The
decision of the administrative law judge shall constitute the final decision of the board and any party to the
hearing, including the committee, shall have the right of judicial review thereof in accordance with Chapter
13 of Title 50.

(c) Persons are "aggrieved or adversely affected" where the challenged action has caused or
will cause them injury in fact and where the injury is to an interest within the zone of interests to be
protected or regulated by this part. In the event the committee asserts in
response to the petition before the administrative law judge that the petitioner is not aggrieved or
adversely affected, the administrative law judge shall take evidence and hear arguments on this issue and
thereafter make a ruling on this issue before continuing with the hearing. The burden of going forward
with evidence on this issue shall rest with the petitioner.

(d) Any permit for minor alteration of the marshlands may be issued by the commissioner
based on the recommendations of staff, past committee actions, and the results of public comments. The
commissioner may refer the application to the committee to decide on permits for minor alterations that, in
his judgment, should receive broader consideration. A committee member may choose to have the full
committee decide on permit applications for minor alterations that the member feels should receive
broader consideration.

12-5-284. Powers and duties of Department as to coastal marshlands generally.

(a) The department shall have the following authority:

(1) To administer and enforce this part and all rules, regulations, and orders
promulgated under this part and to determine jurisdiction under this part;
(2) To accept moneys that are available from persons, government units, and private
organizations;

(3) To conduct public hearings and institute and prosecute court actions as may be
necessary to enforce compliance with this part and any rules and regulations promulgated
hereunder, provided that all such actions shall be in the name of the department; and

(4) To exercise all incidental powers necessary to carry out the purposes of this part.

(b) The foregoing powers and duties may be exercised and performed by the department
through such duly authorized agents and employees as it deems necessary and proper.

< Appendix m - 3>

12-5-285. Powers of Board of Natural Resources as to coastal marshlands generally.

The board shall have power to promulgate rules and regulations for the implementation and
enforcement of this part.

12-5-286. Permits to fill, drain, etc. marshlands.

(a) No person shall remove, fill, dredge, drain, or otherwise alter any marshlands or construct
or locate any structure on or over marshlands in this state within the estuarine area thereof without first
obtaining a permit from the committee or, in the case of minor alteration of marshlands, the commissioner.
A permit may authorize the construction or maintenance of the project proposed in an application. After
construction pursuant to a permit, a project may be maintained without a permit so long as it does not
further alter the natural topography or vegetation at the project site.

(b) Each application for such permit shall be properly executed and filed with the department
on forms prescribed by the department and shall include:

(1) The name and address of the applicant;

(2) A plan or drawing showing the applicant's proposal and the manner or method by
which such proposal shall be accomplished. Such plan shall identify the coastal marshlands
affected;

(3) A plat of the area in which the proposed work will take place;

(4) A copy of the deed or other instrument under which the applicant claims title to
the property or, if the applicant is not the owner, then a copy of the deed or other instrument under
which the owner claims title together with written permission from the owner to carry out the
project on his land. In lieu of a deed or other instrument referred to in this paragraph, the
committee may accept some other reasonable evidence of ownership of the property in question
or other lawful authority to make use of the property. The committee will not adjudicate title
disputes concerning the property which is the subject of the application; provided, however, that
the committee may decline to process an application when submitted documents show conflicting
deeds;

(5) A list of all adjoining landowners together with such owners' addresses, provided
that if the names or addresses of adjoining landowners cannot be determined, the applicant shall
file in lieu thereof a sworn affidavit that a diligent search, including, without limitation, a search of
the records of the county tax assessor's office, has been made but that the applicant was not able
to ascertain the names or addresses, as the case may be, of adjoining landowners;

(6) A letter from the local governing authority of the political subdivision in which the
property is located, stating that the applicant's proposal is not violative of any zoning law;

(7) A nonrefundable application fee to be set by the board in an amount necessary to
defray the administrative cost of issuing such permit. Renewal fees shall be equal to application
fees, which shall not exceed $1,000.00 for any one proposal and shall be paid to the department;

< Appendix II- 4 >

(8) A description from the applicant of alternative sites and why they are not feasible
and a discussion of why the permit should be granted;

(9) A statement from the applicant that he has made inquiry to the appropriate
authorities that the proposed project is not over a landfill or hazardous waste site and that the site
is otherwise suitable for the proposed project;

(1 0) A copy of the water quality certification issued by the department if required for
the proposed project;

(1 1) Certification by the applicant of adherence to soil and erosion control
responsibilities if required for the proposed project; and

(12) Such additional information as is required by the committee to properly evaluate
the application,

(c) A copy of each application for a permit shall be delivered to each member of the
committee at least seven days prior to any meeting of the committee.

(d) The department, after receipt of an application, shall notify in writing all adjoining
landowners that the application has been received. Such notice shall indicate the use the applicant
proposes to make of the property. Should the applicant indicate that any
adjoining landowner is unknown or that the address of such landowner is unknown, then the department
shall, after receipt of a completed application, cause a notice of the proposed activity and a brief
description of the affected land to be published in the legal organ of or a newspaper of general circulation
in the county or counties in which such land lies. Cost of such publication shall be paid by the applicant.
Should the property to be affected by the applicant be bordered on any side or on more than one side by
other property of the applicant, the applicant shall supply the names and addresses of the nearest
landowners whose land borders on his land. If the names or addresses, or both, of the nearest
landowners cannot be ascertained, the applicant shall supply a sworn statement of diligent search as
provided in this Code section. The landowners named by the applicant shall be notified either directly or
by advertisement as provided in this Code section. The department may also make inquiry to adjoining
landowners to ascertain whether or not there is objection to issuance of a permit.

(e) The committee shall provide notice of applications by either public notice distributed jointly
with the United States Army Corps of Engineers or public notice distributed by the committee. In no
instance shall a public notice be issued for less than seven days
prior to the meeting at which the committee reviews the subject of the public notice. Public notices shall
be distributed to all persons who have requested to be placed on the mailing list. Such request shall be
made in writing and shall be renewed in December of each year. Failure to renew the request shall result
in the removal of such name from the mailing list.

(f) Whenever there appears to be sufficient public interest, the committee may call a public
hearing.

(g) In passing upon the application for permit, the committee shall consider the public
interest, which, for purposes of this part, shall be deemed to be the following considerations:

(1) Whether or not unreasonably harmful obstruction to or alteration of the natural
flow of navigational water within the affected area will arise as a result of the proposal;

< Appendix Ill - 5 >

(2) Whether or not unreasonably harmful or increased erosion, shoaling of channels,
or stagnant areas of water will be created; and

(3) Whether or not the granting of a permit and the completion of the applicant's
proposal will unreasonably interfere with the conservation of fish, shrimp, oysters, crabs, clams, or
other marine life, wildlife, or other resources, including but not limited to water and oxygen supply.

(h) It is the responsibility of the applicant to demonstrate to the committee that the proposed
alteration is not contrary to the public interest and that no feasible alternative sites exist. If the committee
finds that the application is not contrary to the public interest and no feasible alternative sites exist, as
specified in this subsection, it shall issue to the applicant a permit. Such permit may be conditioned upon
the applicant's amending the proposal to take
whatever measures are necessary to protect the public interest.

(i) The committee shall act upon an application for a permit within 90 days after the
application is complete; provided, however, that this provision may be waived upon the written request of
the applicant. An application must be complete sufficiently in advance of the committee meeting at which
the project will be considered to allow for public notice and evaluation by the department. An application is
complete when it contains substantially all of the written information, documents, forms, fees, and
materials required by this part.

(j) In the event a majority of the members of the committee determine that a permit should
be denied, the application for permit shall be denied. Any applicant who is aggrieved or adversely affected
thereby shall have the right to appeal as provided in Code Section 12-5-283.

(k) Should a majority of the members of the committee agree that a permit should be
conditional, the permit shall be issued on such conditions as a majority of the committee directs. Any
applicant who is aggrieved or adversely affected thereby shall have the right to
appeal as provided in Code Section 12-5-283.

(I) Every permit shall require that the proposed project be completed within five years after
the date of the issuance of the permit and such permit shall expire five years after the date of issuance.
Such time may be extended an additional five years upon showing that all due efforts and diligence toward
the completion of the work have been made. Any permit may be revoked by the committee for
noncompliance with or for violation of its terms after written notice of intention to do so has been furnished
to the holder thereof.

(m) A permit to alter marshlands that has been granted by the committee becomes final
immediately upon issuance, but no construction or alteration may commence until the expiration of 30
days following the date of the committee meeting at which the application is
approved; provided, however, that if a timely appeal is filed, no construction or alteration may commence
until all administrative and judicial proceedings are terminated.

(n) Issuance of a permit under this part and construction of the permitted project shall not
remove the designated property from the jurisdiction of this part. All changes in permitted uses which
increase impacts to any land subject to the provisions of this part must be assessed by the committee to
determine if the proposed change is consistent with this part and the permit. Each permitted alteration of
marshlands shall be reviewed by the department on a five-year basis, or when noncompliance with the
purpose for which the permit was issued is evident, to determine if the use of the marshland is consistent
with the intent of this part. If the permit holder is found not to be in compliance with this part, the
committee shall take action as authorized under Code Section 12-5-291.

< Appendix IlT - 6 >

(o) All plans, documents, and materials contained in any application for any permit required
by this part shall be made a part of the permit, if granted, and conformance to such plans, documents, and
materials shall be a condition of the permit. No change or deviation from any such plans, documents, or
materials shall be permitted without the prior notification and approval of the committee.

k [ ~~~(p) The permittee shall notify the department of completion of a project within 30 days of
completion.

(q) If, prior to completion of review of an application under this part, the committee receives
~~r ~notice of the denial of a permit or authorization necessary for the project, review of the project shall be
suspended and, if the denial becomes final, the application shall
stand denied.

(r) If an area has both marshlands as defined in Code Section 12-5-282 and dynamic dune
fields as defined in Code Section 12-5-232, it shall be subject to the jurisdiction of both such parts. In the
event of a conflict between this part and Part 2 of this article, the commissioner shall determine which part
shall apply so as to best protect the public interest.

12-5-287. Leasing of state owned marshland or water bottoms.

(a) The committee, acting for and on behalf of and in the name of the state, is further
authorized and empowered to grant and convey to any eligible person a lease of state owned marshland
or water bottoms, or a combination thereof, upon such terms and conditions as the committee deems
advisable for the purpose of constructing, operating, and maintaining thereupon a marina or marinas or
dock providing more than 500 linear feet of dock space, including the installing, maintaining, repairing,
removing, and replacing of buildings, structures, piers, docks, floating docks, marine railways, dolphins,
pilings, appurtenances thereto, and all facilities and improvements that shall be reasonably used for or in
connection therewith, subject always to the initial and continuing compliance by the lessee with all
applicable laws pertaining to the use of the leased property and subject always to the use and enjoyment
of the public of any navigable waters upon or over the leased property. The applicant for any such lease
shall inform the committee of the total linear footage of dock space proposed, but the final decision as to
the total dock space available to moor boats shall be in the sound discretion of the committee.

(b) Upon application by any interested person for a lease pursuant to this Code section, the
committee shall determine whether or not the applicant is an eligible person. The committee must also
determine whether or not the applicant has sufficient lands properly to service the area to be leased. If the
committee determines that the applicant is an eligible person and that sufficient lands exist to service the
marina or dock, then the committee is authorized to grant and convey to the applicant a lease of the state
owned marshland or water
bottoms, or a combination thereof, described in the application without the necessity of public bid.

(c) The application for the lease shall be in writing and shall contain a request for a lease of
the state owned property described therein. Such application shall include all of the information required
for a permit under this part. The entire application must be in a form acceptable to the committee.

(d) Each lease granted under this Code section shall be upon such provisions, requirements,
and conditions as the committee shall make and shall, except as provided in subsections (g) and (h) of
this Code section, provide for a primary term of not more than ten years. Each lease, except as provided

< Appendix 1 - 7 >

in subsections (g) and (h) of this Code section, shall require the payment of an annual rental fee set by the
committee which shall be not less than the fair market rental value of the state owned marshland or water
bottoms leased thereby and may provide for two renewal terms, each of which shall not be for a term of
more than equal duration to the primary term. Rental fees shall be paid in one installment to the
department not later than July 15 of each year. A penalty of 10 percent of the annual rental shall be
assessed for late payment. Failure to pay rental by August 1 of the year due shall result in the
cancellation of the lease.

(e) Each lease granted under this Code section shall protect the interest of owners of
marshland and high land adjoining the high land of the lessee upon which the lessee's eligibility for lease
was based to a right of access to the state owned marshland or water bottoms adjoining the state owned
marshland or water bottoms leased to the applicant; provided, however, said owners of adjoining high land
may assign their rights in writing in favor of the applicant and such written assignment may be used to
determine the percentage of landward boundary required for eligibility to lease the state owned marshland
and water bottoms described in the application.

(f) If the eligible person desires the ability to transfer or convey ownership interests in the
leasehold to individuals purchasing or leasing on a long-term basis the slips of the marina or marinas,
each lease granted under this Code section shall require the formation of a condominium pursuant to
Code Section 44-3-72.

(g) Upon application of any eligible person who either is the owner of a marina in existence
on March 1, 1989, or holds a permit subsequently granted by the committee under this part on an
application for a permit filed with the committee prior to March 1, 1989, the committee shall grant to that
eligible person a lease of the state owned marshland or water bottoms upon which such marina is actually
located for a term of 20 years beginning March 1, 1989, with a nominal rental of $1.00 per year; provided,
however, that any extensions of the dock space or expansion of the area of state owned marshland or
water bottoms actually used in conjunction with the marina shall be subject to the provisions of subsection
(d) of this Code section; and provided, further, that any such application made on or after January 1, 1999,
shall be subject to the provisions of subsection (d) of this Code section.

(h) Upon application of any eligible person who is either a nonprofit corporation, a nonprofit
organization, or a public entity, the committee may grant a lease of state owned marshland or water
bottoms for the construction and operation of a marina as a community or public dock. Each lease
granted under this subsection shall be for a term of ten years from the date of its execution with a nominal
rental of $1.00 for the entire term.

(i) The department shall make an annual report of its activities each calendar year to the
General Assembly. The report shall include a summary of all applications received and leases granted,
including length of terms, rentals, and locations. Copies of the annual report shall be provided to the
director of the State Properties Commission, the chairperson of the House Natural Resources and
Environment Committee, the chairperson of the House Committee on State Institutions and Property, the
chairperson of the Senate Natural Resources Committee, and the chairperson of the Senate Committee
on State and Local Governmental Operations.

(j) The committee may place such terms, limitations, restrictions, and conditions in such
leases as are deemed necessary to ensure that the utilization of the property is in the public interest.
Leased areas shall be deemed to be areas where resources are managed by the state and lessee for the
protection of wildlife and other natural resources.

(k) The committee may designate staff of the department to act on its behalf to evaluate,
enforce, and execute leases issued under this part.

< Appendix 11 - 8 >

(I) A lease granted under this part shall be issued only to applicants who agree not to
discriminate against any person on the basis of race, gender, color, national origin, religion, or disability.
Discrimination by lessee may be punished by termination of the lease, by injunction, or by any other legal
remedy available to the committee.

12-5-288. Guidelines for alteration of marshlands.

(a) If the project is not water related or dependent on waterfront access or can be satisfied by
the use of an alternative nonmarshland site or by use of existing public facilities, a permit usually should
not be granted pursuant to Code Section 12-5-286.

(b) The amount of marshlands to be altered must be minimum in size. The following
activities and structures are normally considered to be contrary to the public interest when located in
coastal marshlands but the final decision as to whether any activity or structure is considered to be in the
public interest shall be in the sound discretion of the committee:

(1) Filling of marshlands for residential, commercial, and industrial uses;

(2) Filling of marshlands for private parking lots and private roadways;

(3) Construction of dump sites and depositing of any waste materials or dredge spoil;

(4) Dredging of canals or ditches for the purpose of draining coastal marshlands;

(5) Mining;

(6) Construction of lagoons or impoundments for waste treatment, cooling,
agriculture, or aquaculture which would occupy or damage coastal marshlands or life forms
therein;

(7) Construction of structures which constitute an obstruction of view to adjoining
riparian landowners, including signs and enclosures; and

(8) Occupying a live-aboard for more than 30 days during any calendar year;
provided, however, that the commissioner may grant extensions of time beyond 30 days to
persons making a request in writing stating the reasons for such extension. Owners of docks
where live-aboards are moored as well as owners and occupants of live-aboards are responsible
under this part.

12-5-289. Inspection of marshlands by officers of department and conservation rangers.

The department, through its officers, staff, and conservation rangers, shall, in addition to its other
duties prescribed by law, make reasonable inspections of the marshlands to ascertain whether the
requirements of this part and the rules, regulations, and permits promulgated or issued under this part are
being faithfully complied with.

12-5-290. Jurisdiction of superior court to grant injunctive relief.

< Appendix m - 9 >

The superior court of the county in which land or any part thereof lies or in which jurisdiction is4
appropriate shall have jurisdiction to restrain a violation of this part at the action of any person.

12-5-291. Enforcement of part.

(a) In order to enforce this part or any orders issued under this part or any rules and
regulations promulgated under this part, any one or any combination of any or all of the following methods

(1) Whenever any person not exempted from this part by Code Section 12-5-295 is
altering the marshlands without a permit, altering the marshlands in violation of the terms and
conditions of a permit, or violating this part in any other manner, the committee may, prior to any
hearing, issue a cease and desist order or other appropriate order to such person; provided,
however, that the issuance of such order shall not affect the availability of relief under paragraph
(4) of this subsection. Any such order becomes final unless the person named therein requests in
writing a hearing before a hearing officer appointed by the board no later than ten days after theI
issuance of such order. Review of such order shall be available as provided in subsection (b) of
Code Section 12-5-283;4

(2) Whenever, after a hearing is held in accordance with Code Section 12-5-283 and
Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," at the request of the
committee, for the imposition of civil penalties, the administrative law judge determines that any
person has failed, neglected, or refused to comply with any provision of this part or any order of
the committee or administrative law judge, the administrative law judge may issue an orderI
imposing a civil penalty not to exceed $1 0,000.00 for such violation and an additional civil penalty
not to exceed $1 0,000.00 for each day during which such violation continues. All penalties and
interest recovered as provided in this Code section, together with the cost thereof, shall be paid
into the state treasury to the credit of the general fund

(3) The committee may file in the superior court in the county in which the person3
under order resides or in the county in which the violation occurred or, if the person is a
corporation, in the county in which the corporation maintains its principal place of business a
certified copy of the final order of the committee or administrative law judge, unappealed from, or
of a final order of the administrative law judge affirmed upon appeal; whereupon the court shall
render judgment in accordance therewith and notify the parties. Such judgment shall have the
same effect, and all proceedings in relation thereof shall thereafter be the same, as though such
judgment has been rendered in an action duly heard and determined by the court;

(4) Whenever the committee, either before or after a hearing, determines that any
person is or has been violating any of the provisions of this part or any orders issued under this
part or any rules and regulations promulgated under this part, the committee may file a petition for
injunction in the proper superior court of this state against such person for the purpose ofI
enjoining such actions or, if appropriate, may make application for a writ of mandamus in the
proper superior court of this state against such person for the purpose of compelling the proper
performance of his off icial duty. It shall not be necessary for the committee to allege or prove that
it has no adequate remedy at law; and

(5) The superior court, upon finding that any person is or has been violating any of
the provisions of this part or any orders issued under this part or any rules and regulations
promulgated under this part, may order the person to restore, as nearly as possible, all marshland
to the condition existing prior to the alteration of the marshland.

< Appendixill - 10 >

(b) Owners of property with knowledge of unauthorized activities occurring thereon are
responsible under this part.

12-5-292. Posting of permit, etc.

A copy of every permit issued to an applicant shall be prominently displayed within the area of
proposed activity. If the committee deems it advisable, the applicant may be required to cause a sign to be
erected bearing the permit number, date of issuance, name of
applicant, and such other information as the committee may reasonably require. The committee may
specify the type of sign to be erected and may designate, within reasonable dimensions, the size of the
sign.

12-5-293. Effect on permit of conveyance, etc., of land.

If a permit holder sells, leases, rents, or otherwise conveys the land or any portion thereof for
which the permit was issued, and if the permittee has notified the department within 30 days of such
transfer or conveyance, such permit shall be continued in force in favor of the new owner, lessee, tenant,
or other assignee so long as there is no change in the use of the land as set forth in the original
application.

12-5-294. Effect of emergency on operation of part.

In the event of an emergency, whether created by act of God or by actions of domestic or foreign
enemies, or in circumstances where grave peril to human life or welfare exists, the committee shall issue
an order reciting the existence of such an emergency and requiring or allowing that such action be taken
as it deems necessary to meet the emergency. Notwithstanding any other provisions of this part to the
contrary, such order shall be effective immediately, If an order requiring a person to take action is issued
pursuant to this Code section, such person shall be entitled to a hearing within ten days of the date of
issuance of the order.

12-5-295. Applicability of part.

This part shall not apply to the following:

(1) Activities of the Department of Transportation incident to constructing, repairing,
and maintaining a public road system in Georgia;

(2) Activities of the Department of Transportation and political subdivisions in
maintaining existing drainage systems and ditches as long as such activities do not impact
additional marshlands;

(3) Agencies of the United States charged by law with the responsibility of keeping
the rivers and harbors of this state open for navigation, and agencies of this state charged by
existing law with the responsibility of keeping the rivers and harbors of this state open for
navigation including areas for utilization for spoilage designated by such agencies;

< Appendix III - I11>

(4) Activities of public utility companies regulated by the Public Service Commission
incident to constructing, erecting, repairing, and maintaining utility lines for the transmission of
gas, electricity, or telephone messages;

(5) Activities of companies regulated by the Public Service Commission incident to
constructing, erecting, repairing, and maintaining railroad lines and bridges;

(6) Activities of political subdivisions incident to constructing, repairing, and
maintaining pipelines that have been approved by the department or appropriate authority for the
transport of drinking water and sewage;

(7) The building of private docks on pilings, the walkways of which are above the
marsh grass not obstructing tidal flow, by the owners of detached single-family residences located
on high land adjoining such docks; or

(8) The reclamation of manmade boat slips as a part of any publicly funded
construction project and ancillary development projects including, without limitation, hotels,
restaurants, retail facilities, and recreational facilities, whether public or private, within any
industrial areas continued in existence pursuant to Article Xi, Section 1, Paragraph IV,
subparagraph (d) of the Constitution which are wholly contained on an island.

12-5-296. Penalty.

Any person violating any of the provisions of this part shall be guilty of a misdemeanor.

12-5-297. Civil liability.

Any person who causes or permits any removal, filling, dredging, or draining or other alteration of
marshlands in this state within the estuarine area thereof without first obtaining a permit from the
committee shall be liable in damages to the state and any political subdivision thereof for any and all
actual or projected costs, expenses, and injuries occasioned by such alteration of the marshlands. The
amount of damages assessed pursuant to this Code section shall include, but shall not be limited to, any
actual or projected costs and expenses incurred by the state or any political subdivision thereof in
restoring as nearly as possible the natural movement of the waters in the marshlands and replacing the
vegetation and aquatic life destroyed by any alteration of marshlands. Damages to the state shall be
recoverable in a civil action instituted by the department and shall be paid to the department to cover the
cost of restoration. Damages to a political subdivision shall be recoverable in a civil action instituted by
said subdivision.

Ref. State of Georgia Pea chnet Internet Site, http://www~ganet~org/setvceSI
Downloaded June 15, 1997

< Appendix III - 12 >

Appendix IV

THE GEORGIA SHORE PROTECTION
ACT

APPENDIX IV:
THE GEORGIA SHORE PROTECTION ACT

OFFICIAL CODE OF GEORGIA ANNOTATED
VOLUME 10, TITLE 12: CONSERVATION AND NATURAL RESOURCES
CHAPTER 5: WATER RESOURCES,
ARTICLE 4: COASTAL WATERS, BEACHES, SAND DUNES, ETC.
PART 2: ENGINEERING, CONSTRUCTION, ETC. ALONG SHORELINE

12-5-230. Short title.

This part shall be known and may be cited as the "Shore Protection Act."

12-5-231. Legislative purpose.

The General Assemnbly finds and declares that coastal sand dunes, beaches, sandbars, and
shoals comprise a vital natural resource system, known as the sand-sharing system, which acts as a
buffer to protect real and personal property and natural resources from the damaging effects of floods,
winds, tides, and erosion. It is recognized that the coastal sand dunes are the most inland portion of the
sand-sharing system and that because the dunes are the fragile product of shoreline evolution, they are
easily disturbed by actions harming their vegetation or inhibiting their natural development. The General
Assembly further finds that offshore sandbars and shoals are the system's first line of defense against the
potentially destructive energy generated by winds, tides, and storms, and help to protect the onshore
segment of the system by acting as reservoirs of sand for the beaches. Removal of sand from these bars
and shoals can interrupt natural sand flows and can have unintended, undesirable, and irreparable effects
on the entire sand-sharing system, particularly when the historical patterns of sand and water flows are not
p ~~~considered and accommodated. Also, it is found that ocean beaches provide an unparalleled natural
recreation resource which has become vitally linked to the economy of Georgia's coastal zone and to that
of the entire state. The General Assembly further finds that this natural resource system is costly, if not
impossible, to reconstruct or rehabilitate once adversely affected by man related activities and is important
to conserve for the present and future use and enjoyment of all citizens and visitors to this state and that
the sand-sharing system is an integral part of Georgia's barrier islands, providing great protection to the
state's marshlands and estuaries. The General Assembly further finds that this sand-sharing system is a
vital area of the state and is essential to maintain the health, safety, and welfare of all the citizens of the
state. Therefore, the General Assembly declares that the management of the sand-sharing system has
more than local significance, is of equal importance to all citizens of the state, is of state-wide concern,
and consequently is properly a matter for regulation under the police power of the state. The General
Assembly further finds and declares that activities and structures on offshore sandbars and shoals, for all
I ~ ~~purposes except federal navigational activities, must be regulated to ensure that the values and functions
of the sand-sharing system are not impaired. It is declared to be a policy of this state and the intent of this
part to protect this vital natural resource system by allowing only activities and alterations of the sand
dunes and beaches which are considered to be in the best interest of the state and which do not
substantially impair the values and functions of the sand-sharing system and by authorizing the local units
of government of the State of Georgia to regulate activities and alterations of the ocean sand dunes and
beaches and recognizing that, if the local units of government fail to carry out the policies expressed in
this part, it is essential that the department undertake such regulation.

< Appendix IV -1I>

12-5-232. Definitions.

As used in this part, the term:

(1) "Applicant" means any person who files an application for a permit under this
part.

(2) "Bare sand surface" means an area of nearly level unconsolidated sand landward
of the ordinary high-water mark which does not contain sufficient indigenous vegetation to
maintain its stability.

(3) "Barrier islands" means the following islands: Daufuskie, Tybee, Little Tybee, Petit
Chou, Williamson, Wassaw, Ossabaw, St. Catherines, Blackbeard, Sapelo, Cabretta, Wolf, Egg,
Little St. Simons, Sea, St. Simons, Jekyll, Little Cumberland, Cumberland, Amelia, and any
ocean-facing island which is formed in the future and which has multiple ridges of sand, gravel, or
mud built on the seashore by waves and currents; ridges generally parallel to the shore; and areas
of vegetation.

(4) "Beach" means a zone of unconsolidated material that extends landward from the
ordinary low-water mark to the line of permanent vegetation.

(5) "Board" means the Board of Natural Resources.

(6) "Boardwalk" or "crosswalk" means a nonhabitable structure, usually made of
wood and without a paved or poured surface of any kind, whose primary purpose is to provide
access to or use of the beach, while maintaining the stability of any sand dunes it traverses.

(7) "Committee" means the Shore Protection Committee.

(8) "Dynamic dune field" means the dynamic area of beach and sand dunes, varying
in height and width, the ocean boundary of which extends to the ordinary high-water mark and the
landward boundary of which is the first occurrence either of live native trees 20 feet in height or
greater or of a structure existing on July 1, 1979. The landward boundary of the dynamic dune
field shall be the seaward most line connecting any such tree or structure as set forth in this part
to any other such tree or structure if the distance between the two is a reasonable distance not to
exceed 250 feet. In determining what is a reasonable distance for purposes of this paragraph,
topography, dune stability, vegetation, lot configuration, existing structures, distance from the
ordinary high-water mark, and other relevant information shall be taken into consideration in order
to conserve the vital functions of the sand-sharing system. If a real estate appraiser certified
pursuant to Chapter 39A of Title 43 determines that an existing structure, shoreline engineering
activity, or other alteration which forms part of the landward boundary of the dynamic dune field
has been more than 80 percent destroyed by storm driven water or erosion, the landward
boundary of the dynamic dune field shall be determined as though such structure had not been in
existence on July 1, 1979.

(9) "Erosion" means the wearing away of land whereby materials are removed from
the sand dunes, beaches, and shore face by natural processes, including, but not limited to, wave
action, tidal currents, littoral currents, and wind.

(10) "Local unit of government" means a county, as defined by Code Section 36-1-1,
or an incorporated municipality, as defined by Code Section 36-40-21, or any combination thereof
which has been authorized by an Act of the General Assembly, any of which has within its
jurisdiction any sand dune or beach.

< Appendix IV - 2 >

(1 1) "Ordinary high-water mark" means the position along the shore of the mean
monthly spring high tide reached during the most recent tidal epoch. This term is not synonymous
with "mean" high-water mark.

(12) "Ordinary low-water mark" means the position along the shore of the mean
monthly spring low tide reached during the most recent tidal epoch. This term is not synonymous
with "mean" low-water mark.

(13) "Permit-issuing authority" means the Shore Protection Committee or a local unit
of government which has adopted a program of shore protection which meets the standards of
this part and which has been certified by the board as an approved program.

(14) "Person" means any association, individual, partnership, corporation, public or
private authority, or local unit of government, and shall include the State of Georgia and all its
departments, boards, bureaus, commissions, authorities, any other government agencies or
instrumentalities, and any other legal entity.

(15) "Sand dunes" means mounds of sand deposited along a coastline by wind action,
which mounds are often covered with sparse, pioneer vegetation and are located landward of the
k ~~~~~ordinary high-water mark and may extend into the tree line.

(16) "Sand-sharing system" means an interdependent sediment system composed of
sand dunes, beaches, and offshore bars and shoals.

(17) "Shoreline engineering activity" means an activity which encompasses any
artificial method of altering the natural topography or vegetation of the sand dunes, beaches, bars,
submerged shoreline lands, and other components of the sand-sharing system. This includes,
but is not limited to, such activities as:

(A) Grading, clearing vegetation, excavating earth, or landscaping, where
I ~ ~~~~~~such activities are for purposes other than erection of a structure;

(B) Artificial dune construction;

(0) Erosion control activities, including, but not limited to, the construction
and maintenance of groins and jetties;

(E) Shoreline stabilization activities, including, but not limited to, the
construction and maintenance of seawalls and riprap protection; and

(F) The construction and maintenance of pipelines and piers.

(18) "Stable sand dune" means a sand dune that is maintained in a steady state of
neither erosion nor accretion by indigenous vegetative cover.

(I19) "Structure" means an institutional, residential, commercial, or industrial building.

< Appendix IV -3 >

(20) "Submerged shoreline lands" means the intertidal and submerged lands from the
ordinary high-water mark seaward to the limit of the state's jurisdiction in the Atlantic Ocean.

(21) "Tidal epoch" means the variations in the major tide-producing forces that result
from changes in the moon's phase, declination of the earth, distance of the moon from the earth,
and regression of the moon's modes, and which go through one complete cycle in approximately
19 years.

12-5-233. Area of operation of part.

The area of operation of this part shall be:

(1) The dynamic dune fields on the barrier islands of this state as determined by
reference to Code Section 12-5-232. Such determination shall be made by the permit-issuing
authority on the basis of site inspection and evaluation of other pertinent information as provided
for in subsection (d) of Code Section 12-5-239;

(2) The submerged shoreline lands of this state from the seaward limit of this state's
jurisdiction landward to the dynamic dune fields or to a line projected from the westernmost point
of the dynamic dune field on the southern end of a barrier island, to the westernmost point of the
dynamic dune field on the northern end of the adjacent barrier island to the south; and

(3) If an area has dynamic dune fields as defined by Code Section 12-5-232, and
marshlands as defined by Code Section 12-5-282, it is subject to the jurisdiction of this part and
Part 4 of this article. In the event of a conflict between this part and Part 4 of this article, the
commissioner shall determine which part shall apply so as to best protect the public interest.

12-5-234. Powers and duties of the Department as to coastal shoreland generally.

(a) The department shall have the following authority:

(1) To administer and enforce this part and all rules, regulations, and orders issued
pursuant to this part;

(2) To accept moneys from persons, government units, and private organizations;

(3) To conduct public hearings and to institute and to prosecute court actions as may
be necessary to enforce compliance with this part and any rules and regulations promulgated
pursuant to this part; provided, however, that all such actions shall be in the name of the
department;

(4) To make reasonable inspections of the lands within jurisdiction of this part to
ascertain whether the requirements of this part and the rules, regulations, and permits
promulgated or issued pursuant to this part are faithfully complied with; and

(5) To exercise all incidental powers necessary to carry out the purposes of this part.

< Appendix IV -4 >

(b) The foregoing powers and duties may be exercised and performed by the department
through such duly authorized agents and employees as it deems necessary and proper.

12-5-235. Creation of Share Protection Committee; members; powers of committee generally.

(a) There is created the Shore Protection Committee within the department. The committee
shall be composed of three members, the commissioner of natural resources and two people selected by
the board. A person selected by the board shall be a resident of one of the following counties: Camden,
Glynn, McIntosh, Liberty, Bryan, or Chatham. The members of the committee shall be entitled to and shall
be reimbursed from moneys appropriated to the department for their expenses, such as mileage and per
L ~~~diem, as set by the board.

(b) The committee, in the absence of an approved local shore protection program as
provided by this part, shall act as permit-issuing authority and shall have the authority to issue orders and
to grant, suspend, revoke, modify, extend, condition, or deny permits as provided in this part. Permits
may, at the committee's discretion, be revoked, suspended, or modified upon a finding that the permittee
is not in compliance with permit conditions or that the permittee is in violation of any rule or regulation
promulgated pursuant to this part.

(c) The chairman of the committee, upon application by the permittee, may issue renewal of
a permit previously granted by the committee. Such action must be based upon recommendations of
staff, past committee actions, and the results of public comments. The chairman may refer the request
for renewal to the committee to decide on renewals that, in his judgment, should receive broader
consideration. A committee member may choose to have the full committee decide on renewals that the
member feels should receive broader consideration.

12-5-236. Adoption and promulgation by board of rules and regulations.

The board shall have the power to promulgate rules and regulations for the implementation and
* ~~~enforcement of this part consistent with the purpose of this part.

12-5-237. Requirements as to permits for persons engaged in shoreline engineering activity, etc.,
generally.

(a) No person shall construct or erect any structure or construct, erect, conduct, or engage in
any shoreline engineering activity or engage in any land alteration which alters the natural topography or
vegetation of any area within the jurisdiction of this part, except in accordance with the terms and
conditions of a permit therefor issued in accordance with this part. A permit may authorize the construction
or maintenance of the project proposed in an application. After construction of a project pursuant to a
permit, the project may be maintained without a permit so long as it does not further alter the natural
topography or vegetation of the site or increase the size or scope of the project.

(b) No permit shall be required for a structure, shoreline engineering activity, or land
alteration which exists as of July 1, 19g79, provided that a permit must be obtained for any modification
which will have a greater adverse effect on the sand-sharing system or for any addition to or extension of
such shoreline engineering activity, structure, or land alteration; provided, further, that, if any structure,
shoreline engineering activity, or land alteration is more than 80 percent destroyed by wind, water, or

< Appendix IV - 5 >

erosion as determined by an appraisal of the fair market value by a real estate appraiser certified pursuant
to Chapter 39A of Title 43, a permit is required for reconstruction,

12-5-238. Contents of permit application.
All applications for permits required by this part must be on forms prescribed by the permit-issuing
authority, must be properly executed, and must include the following:

(1) The name and address of the applicant;

(2) A brief description of the proposed project;
(3) Construction documents showing the applicant's proposed project and the
manner or method by which the project shall be accomplished. Such document shall identify the4
dynamic dune field affected;

(4) A copy of the deed or other instrument under which the applicant claims title to
the property or, if the applicant is not the owner, a copy of the deed or other instrument under
which the owner claims the title together with written permission from the owner to carry out the
project on his land. In lieu of a deed or other instrument referred to in this paragraph, the
permit-issuing authority may accept some other reasonable evidence of ownership of the property
in question or other lawful authority to make use of the property. If all or any part of the proposed
construction or alteration shall take place on property which is owned by the State of Georgia, the
applicant shall present an easement, revocable license, or other written permission from the state
to use the property for the proposed project; in the alternative, the permit-issuing authority may
condition the issuance of the permit on the requirement to obtain written permission from the
state. The permit-issuing authority will not adjudicate title disputes concerning the property which
is the subject of the application; provided, however, that the permit-issuing authority may decline
to process an application when submitted documents show conflicting deeds;

(5) A plat showing the boundaries of the proposed project site;

(6) The names and addresses of all landowners of property adjoining or abutting the
parcel of land on which the proposed project is to be located. If the property to be altered is
bordered on any side by other property of the applicant, the applicant shall supply the names and
addresses of the nearest landowners, other than the applicant, of property adjoining the
applicant's property. If the applicant cannot determine the identity of adjoining landowners or their
addresses, the applicant shall file in lieu thereof an affidavit stating that a diligent search, including
a search of the records of the county tax assessor's office, has been made but that the applicant
was not able to ascertain the names or addresses of adjoining landowners;

(7) An application fee in such reasonable amount as is designated by the
permit-issuing authority or, if the committee is the permit-issuing authority, a nonrefundable
application fee as set by the board which reflects the cost to the department to evaluate the
application. Fees for the renewal of a permit shall be equal to the application fee. Application
fees shall not exceed $1 ,OOO.OO for any one proposal. If the committee is the permit-issuing
authority, such fees shall be paid to the department;
(8) Site plans for the proposed project site showing existing and proposed streets,
utilities, buildings, and any other physical structures;

< Appendix IV -6 >

(9) A certification by a registered architect or engineer licensed by this state certifying
that all proposed structures, if any, for which the permit is applied are designed to meet suitable
hurricane-resistant standards;

L ~~~~~ ~~~(1 0) Any and all other relevant data required by the permit-issuing authority for the
purposes of ascertaining that the proposed improvements, activities, and uses will meet the
standards of this part;

(1 1) A certificate or letter from the local governing authority or authorities of the
political subdivision in which the property is located stating that the applicant's proposal is not
violative of any zoning law; and

(12) A statement from the applicant that he has made inquiry to the appropriate
authorities that the proposed project is not over a landfill or hazardous waste site and that the site
is otherwise suitable for the proposed project.

12-5-239. Permit issuance.

L ~~~~~(a) .The permit-issuing authority shall take action on each permit application within 90 days
after the application is completed; provided, however, that this provision may be waived upon the written
request of the applicant. An application is complete when it contains substantially all of the written
information, documents, forms, fees, and materials required by this part. An application must be
completed sufficiently in advance of the permit-issuing authority meeting at which the project will be
considered to allow for public notice and evaluation by the permit-issuing authority.

(b) After receipt of a completed application and at least 30 days prior to acting on the
application, the permit-issuing authority shall notify all persons identified by the applicant as owning land
adjacent to the location of the proposed project and to all persons who have filed a written request with
such permit-issuing authority that their names be placed on a mailing list for receipt of such notice. Any
person desiring to be placed on such mailing list must so request in writing and renew such request in
December of each year. The name of any person who has not renewed such request shall be removed
from the list. The landowners who have not requested to be placed on a mailing list shall be notified in
writing if their addresses are known. Such notice shall be in writing and shall include a general description
of the proposed project and its location. The applicant shall post such notice in a conspicuous place on
the subject property at or prior to the time the permit-issuing authority issues public notice of the
application. If the applicant has filed an affidavit that the names or addresses of the adjoining landowners
were not ascertained after a diligent search, the permit-issuing authority shall cause a notice of the
proposed activity and a brief description of the land to be affected to be published in the legal organ or a
newspaper of general circulation in the county in which such land lies. Cost of such public notices shall be
paid by the applicant. Whenever there appears to be sufficient public interest, the permit-issuing authority
may call a public hearing.

(1) A permit for a structure or land alteration, including, but not limited to, private
residences, motels, hotels, condominiums, and other commercial structures, in the dynamic dune
field may be issued only when:

(A) The proposed project shall occupy the landward area of the subject
parcel and, if feasible, the area landward of the sand dunes;

< Appendix IV - 7 >

(B) At least a reasonable percentage, not less than one-third, of the subject
parcel shall be retained in its naturally vegetated and topographical condition;

(D) The activities associated with the construction of the proposed project are
kept to a minimum, are temporary in nature, and, upon project completion, restore the
natural topography and vegetation to at least its former condition, using the best available
technology; and

(E) The proposed project will maintain the normal functions of the
sand-sharing mechanisms in minimizing stormn-wave damage and erosion, both to the
unaltered section of the subject parcel and at other shoreline locations;

(2) No permits shall be issued for a structure on beaches, eroding sand dune areas,
and submerged lands; provided, however, that a permit for a pier, boardwalk, or crosswalk in such
an area may be issued, provided that:

(A) The activities associated with the construction of the proposed land
alterations are kept to a minimum, are temporary in nature, and, upon project completion,
the natural topography and vegetation shall be restored to at least their former condition,
using the best available technology; and

(B) The proposed project maintains the normal functions of the sand-sharing
mechanisms in minimizing storm-wave damage and erosion, both to the unaltered section
of the subject parcel and at other shoreline locations;

(3) A permit for shoreline engineering activity or for a land alteration on beaches,
sand dunes, and submerged lands may be issued only when:

(A) The activities associated with the construction of the proposed project are
to be temporary in nature, and the completed project will result in complete restoration of
any beaches, dunes, or shoreline areas altered as a result of that activity;

(B) The proposed project will insofar as possible minimize effects to the
sand-sharing mechanisms from storm-wave damage and erosion both to the subject
parcel and at other shoreline locations;

(C) In the event that shoreline stabilization is necessary, either low-sloping
porous rock structures or other techniques which maximize the dissipation of wave
energy and minimize shoreline erosion shall be used. Permits may be granted for
shoreline stabilization activities when the applicant has demonstrated that no reasonable
or viable alternative exists; provided, however, that beach restoration and renourishment
techniques are preferable to the construction of shoreline stabilization activities; and

(0) A copy of the permit application has been transmitted to the local unit of
government wherein the project site lies, if such local unit of government has been
certified by the board, requesting comments on such application.

< Appendix IV - 8>

(d) In evaluating a permit application in order to determine compliance with the provisions set
forth in subsection (c) of this Code section, the permit-issuing authority may use the following assessment
tools and techniques, as appropriate and as available:

(1) Historic photographs and topographic data of the project site, which can be used
in determining the impact of a proposed project on the stability of the shoreline;

(2) On-site inspections to determine the impact of a proposed project on topographic
and vegetative conditions, erosion or accretion rates, and other factors influencing the life cycles
of dune plants;

(3) Any recognized or accepted scientific investigations necessary to determine the
proposed project's impacts on the surrounding biological and geological systems, and the historic
and archeological resources;

(4) When present, the potential effects of shoreline engineering structures (seawalls,
groins, jetties, etc.), their condition, and their apparent influence on the sand-sharing system as it
relates to the proposed project;

(5) Historic, climatological, tidal data, and meteorological records of the vicinity of the
project and possible potential effects of a proposed project upon erosion and accretion rates; and

(6) New scientific information which, through recent advances, would effect a more
competent decision relative to wise use and management of Georgia's sand-sharing system.

(e Every permit shall require that the proposed project be completed within five years after
the date of issuance of the permit and shall expire five years after the date of issuance. Such time may be
extended five additional years upon a showing that all due efforts and diligence toward the completion of
the project have been made. If a permit holder sells, leases, rents, or otherwise conveys the land or any
portion of the land for which the permit was issued, such permit shall be continued in force in favor of the
new owner, lessee, tenant, or other assignee so long as there is no change in the use of the land as set
forth in the original application. The permittee must notify the permit-issuing authority within 30 days after
change of ownership of property.

(f) All plans, documents, and materials contained in any application for any permit required
by this part shall be made a part of the permit, if granted, and conformance to such plans, documents, and
materials shall be a condition of the permit. No change or deviation from any such plans, documents, or
materials shall be permitted without the prior notification and approval of the permit-issuing authority.

(g) Compliance with all other federal, state, and local statutes, ordinances, and regulations
shall also be a condition of every permit issued pursuant to this part. If, prior to completion of review of an
application under this part the committee receives notice of the denial of a permit or authorization
necessary for the project, review of the project shall be suspended and, if the denial becomes final, the
application shall stand denied.

(h) All permit-issuing authorities may place such conditions on any permit issued under this
Code section as are necessary to carry out this part.

(i In passing upon the application for a permit, the permit-issuing authority shall consider the
public interest which for purposes of this part shall be deemed to be the following considerations:

< Appendix IV -9 >

(1) Whether or not unreasonably harmful, increased alteration of the dynamic dune
field or submerged lands, or function of the sand-sharing system will be created;

(2) Whether or not the granting of a permit and the completion of the applicant's
proposal will unreasonably interfere with the conservation of marine life, wildlife, or other
resources; and

(3) Whether or not the granting of a permit and the completion of the applicant's
proposal will unreasonably interfere with reasonable access by and recreational use and
enjoyment of public properties impacted by the project.

(j) Issuance of a permit under this part and construction of the permitted project shall not
remove the designated property from the jurisdiction of this part. All changes in permitted uses which
increase impacts to any land subject to the provisions of this part must be ruled upon by the permit-issuing
authority to determine if the proposed change is consistent with this part and the permit. Each permitted
alteration within the area of operation of this part shall be reviewed by the permit-issuing authority on a
five-year basis or when noncompliance with the purpose for which the permit was issued is evident to
determine if the use within the area of operation of this part is consistent with the intent of this part. If the
permit holder is found not to be in compliance with this part, the permit-issuing authority shall take action
as authorized under Code Section 12-5-247.

(k)
(1) A permit granted by the permit-issuing authority becomes final immediately upon
issuance, but no construction or alteration may commence until the expiration of 30 days following
the date of the permit-issuing authority meeting at which the application is approved, except as
otherwise provided in paragraph (2) of this subsection; provided, however, that if a timely appeal
is filed, no construction or alteration may commence until all administrative proceedings are
terminated except as otherwise provided in paragraph (2) of this subsection.

(2) If the permit-issuing authority, either at the request of the applicant or on its own
motion, finds that an emergency exists in any particular geographic area or in regard to any
particular permit issued by the permit-issuing authority, the permit-issuing authority is authorized
to allow a permittee to commence immediately or to continue the construction or alteration
authorized by the permit. The permit-issuing authority in determining an emergency shall base its
determination on imminent peril to the public health, safety, or welfare or a grave danger to life,
real property, structures, or shoreline engineering activities. If the permit-issuing authority makes
such a finding of an emergency, the permittee may commence immediately or continue the
construction or alteration authorized by the permit, but such construction or alteration is
undertaken at the risk to the permittee of an administrative or judicial order requiring the sand
dunes, beaches, and submerged lands to be returned to their condition prior to such construction
or alteration.

(I) When work has been completed in accordance with provisions of a permit, the permittee
shall so notify the permit-issuing authority in writing within 30 days of such completion.

12-5-240. Posting of permit.

A copy of every permit issued to an applicant shall be prominently displayed within the area of
proposed activity. If the permit-issuing authority deems it advisable, the applicant may be required to
cause a sign to be erected bearing the permit number, date of issuance, name of applicant, and such

< Appendix IV - 10 >

other information as the permit-issuing authority may reasonably require. The permit-issuing authority
may specify the type of and, within reasonable dimensions, the size of the sign.

12-5-241. Local shore protection programs.

(a) If a local unit of government has enacted ordinances which meet or exceed the
standards, requirements, and provisions of this part, and which are enforceable by such local unit of
government, the board may certify such local unit of government as a permit-issuing authority. In areas in
which a local shore protection program has been certified by the board, the local unit of government shall
have all permitting authority described in this part, except for shoreline engineering activities and activities
L ~~~ proposed to occur in whole or in part on submerged shoreline lands or on other state owned lands. The
committee shall exercise exclusive permitting authority for shoreline engineering activities and activities
proposed to occur in whole or in part on submerged shoreline lands. Local units of government are
authorized to enact ordinances meeting or exceeding the requirements of this part.

(b) The board shall periodically review the actions of local units of government which have
approved local shore protection programs and may revoke its certification of such programs if it
determines that such ordinances are not being sufficiently enforced to carry out the intent of this part.

(c) In all areas of the state within the areas of operation of this part where no local shore
protection program has been certified by the board or where such certification has been revoked by the
board, the provisions of this part shall be carried out by the committee.

(d) From appropriations of the General Assembly made to the department for such purposes,
the department shall be authorized to provide state grants to local units of government for any one or
more of the following purposes:

(1) Construction and maintenance of boardwalks;

(2) Dune stabilization programs;

(3) Beach restoration and renourishment;

(4) Public purchase of rights of way to beaches; and

(5) Construction or removal of shoreline engineering activities.

12-5-242. Assistance by Department to local governments in developing ordinances.

The department shall provide technical assistance to any local unit of government which requests
such assistance in order to develop an ordinance meeting the requirements of this part. The department
shall also develop a model ordinance which may be used by such local units of government.

12-5-243. Effect of part on power of local governments to adopt more restrictive ordinances.

< Appendix IV - I11>

Nothing in this part shall be construed as prohibiting a local unit of government from adopting
ordinances more restrictive in regard to activity on sand dunes and beaches than the standards set forth in
this part.

12-5-244. Administrative and judicial review.

(a) Any person who is aggrieved or adversely affected by any order or action of the
committee shall, upon petition within 30 days after the issuance of such order or taking of such action,
have a right to a hearing before an administrative law judge appointed by the board. The hearing before
the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the "Georgia
Administrative Procedure Act," and the rules and regulations adopted by the board pursuant thereto. The
decision of the administrative law judge shall constitute the final decision of the board and any party to the
hearing, including the committee, shall have the right of judicial review thereof in accordance with Chapter
13 of Title 50.

(b) Where a local unit of government has, pursuant to this part, granted, suspended,
modified, extended, conditioned, or denied a permit, any person aggrieved or adversely affected by such
action shall be afforded a right to administrative and judicial review of
such action.

(c) Persons are "aggrieved or adversely affected" where the challenged action has caused or
will cause them injury in fact and where the injury is to an interest within the zone of interests to be
protected or regulated by this part. In the event the committee or local unit of government, as appropriate,
asserts in response to the petition before the administrative law judge that the petitioner is not aggrieved
or adversely affected, the administrative law judge shall take evidence and hear arguments on this issue
and thereafter make a ruling on this issue before continuing with the hearing. The burden of going
forward with evidence on this issue shall rest with the petitioner.

12-5-245. Injunctive relief.
Any activity in violation of this part or of any ordinance or regulation adopted pursuant to this part
shall be a public nuisance; and such activity may be enjoined or abated by an action filed in the
appropriate superior court by the Attorney General on behalf of the department, by any local unit of
government affected, or by any person, Upon showing of any activity in violation of this part or of any
ordinance or regulation adopted pursuant to this part, a temporary restraining order, a permanent or
temporary injunction, or other order shall be granted without the necessity of showing lack of an adequate
remedy at law and irreparable injury. The relief granted by the court in an action filed pursuant to this
Code section may include, but shall not be limited to, an order requiring the sand dunes, beaches, and
submerged lands to be returned to their condition prior to such violation.

12-5-246. Jurisdiction of superior court.

The superior court of the county in which the land or any part thereof is located or in which
jurisdiction is otherwise proper shall have jurisdiction to restrain a violation of this part at the action of any
person.

12-5-247. Enforcement of part; civil penalty.

< AppendixIV - 12 >

(a) If the department determines that any person is violating any provision of this part or any
rule or regulation adopted pursuant to this part or the terms and conditions of any permit issued under this
part, and such violation is in an area where the committee is the permit-issuing authority, the department
may employ any one, or any combination of any or all, of the enforcement methods specified in
paragraphs (1) through (4) of this subsection:

() The department may issue an administrative order specifying the provision of this
part or the rule, or both, alleged to have been violated and require the person so ordered to cease
and desist from such activity and to take corrective action within a reasonable period of time as
prescribed in the order; provided, however, that the issuance of such order shall not affect the
availability of relief under Code Section 12-5-244. Such corrective action may include, but shall
not be limited to, requiring that the sand dunes, beaches, and submerged lands be returned to
their condition prior to the violation of this part or a rule adopted pursuant to this part. Any such
order shall become final unless the person named therein requests in writing a hearing before a
hearing officer appointed by the board no later than ten days after the issuance of such order.
Review of such order shall be available as provided in subsection (a) of Code Section 12-5-244;

(2) Whenever the committee finds that an emergency exists requiring immediate
action to protect the public or private interest where the public interest is served, it may issue an
order reciting the existence of such an emergency and requiring or allowing that such action be
taken as it deems necessary to meet the emergency. Notwithstanding any other provision of this
part, such order shall be effective immediately. If an order requiring a person to take action is
issued pursuant to this paragraph, such person shall be entitled to a hearing within ten days of the
date of issuance of the order. Any person who is aggrieved or adversely affected by an
emergency order of the committee, upon petition within ten days after issuance of such order,
shall have a right to a hearing before an administrative law judge appointed by the board. The
committee shall hold a meeting no sooner than 30 days after the issuance of an emergency order
to review such order to determine whether the order has been complied with, whether the order
I ~~~~~should continue in force, and any possible effects of such order on the sand-sharing system;
r ~~~~~~~(3) The committee may file in the appropriate superior court a certified copy of an
unappealed final order of the administrative law judge or of a final order of the administrative law
judge affirmed upon appeal or other orders of the committee, whereupon the court shall render
judgment in accordance therewith and notify the parties. Such judgment shall have the same
judgment has been rendered in an action duly heard and determined by the court; and

(4) The department may seek injunctive relief pursuant to Code Section 12-5-245.

(b) Any person who violates any provision of this part or any rule or regulation adopted under
this part, any permit issued under this part, or final or emergency order of the department shall be subject
to a civil penalty not to exceed $1 0,000.00 for each act of violation. Each day of continued violation shall
I ~ ~~subject said person to a separate civil penalty. An administrative law judge appointed by the board after a
hearing conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act,"
shall determine whether or not any person has violated any provision of this part, any rule or regulation
adopted under this part, any permit, or any final or emergency order of the department or permit-issuing
authority and shall upon proper finding issue an order imposing such civil penalties as provided in this
subsection. Review of such order shall be available as provided in subsection (a) of Code Section
12-5-244. All civil penalties recovered by the department as provided in this subsection shall be paid into
the state treasury to the credit of the general fund.

< AppendixIV - 13 >

(c) Any person who causes or permits any removal, filling, or other alteration of the dynamic
dune field or submerged lands in this state without first obtaining a permit from the permit-issuing authority
shall be liable in damages to the state and any political subdivision of the state for any and all actual or
projected costs and expenses and injuries occasioned by such alteration of the dynamic dune field or
submerged lands. The amount of damages assessed pursuant to this Code section shall include, but
shall not be limited to, any actual or projected costs and expenses incurred or to be incurred by the state
or any political subdivision thereof in restoring as nearly as possible the natural topography of the
sand-sharing system and replacing the vegetation destroyed by any alteration of the dynamic dune field or
submerged lands. Damages to the state shall be recoverable in a civil action instituted by the department
and shall be paid to the department to cover cost of restoration. Damages to a political subdivision shall
be recoverable in a civil action instituted by said subdivision.

(d) Owners of property with knowledge of unauthorized activities occurring thereon are
responsible under this part.

12-5-248. Operation of motorized vehicles, sail boats.

(a) It shall be unlawful for any person to:

(1) Operate any motorized vehicle or other motorized machine on, over, or across
the dynamic done field or beaches except as authorized by the permit-issuing authority, except
that individual disability vehicles, emergency vehicles, and governmental vehicles utilized for
beach maintenance or research may operate within the dynamic dune field and beaches without
authorization from the permit-issuing authority as long as those vehicles operate across existing
cross-overs, paths, or drives; or

(2) Store or park sailboats, catamarans, or other commercial or recreational marine
craft in any dynamic dune field.

(b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of
a misdemeanor.

Ref: State of Georgia Peachnet Internet Site, h7ttp://Wwwwganet~org/serVice6I
Downloaded June 15, 1997

< Appendix IV - 14 >

Appendix V

MEMORANDUM OF AGREEMENT
BETWEEN THE GEORGIA
ENVIRONMENTAL PROTECTION
DIVISION AND THE GEORGIA COASTAL
RESOURCES DIVISION

MEMORANDUM OF AGREEMENT

between

GEORGIA DEPARTMENT OF NATURAL RESOURCES
COASTAL RESOURCES DIVISION

and

GEORGIA DEPARTMENT OF NATURAL RESOURCES
ENVIRONMENTAL PROTECTION DIVISION

This memorandum constitutes an agreement between the Coastal Resources Division and
the Environmental Protection Division of the Georgia Department of Natural Resources concerning
implementation of a program to balance economic development in Georgia's coastal area with
preservation of natural, environmental, historic, archeological, and recreational resources for the
benefit of Georgia's present and future generations. This agreement is based upon each Division's
statutory and regulatory authorities and commitment to appropriate planned development and
conservation of Georgia's coastal resources.

The Georgia Department of Natural Resources has been designated by the Georgia General
Assembly as the lead Department to prepare and administer the State's Coastal Management
Program (O.C.G.A. 12-5-323). Within the Department of Natural Resources, the Coastal Resources
Division is responsible for coastal management issues, including preparing and administering a
comprehensive coastal management program for the eleven-county coastal area of Georgia as set
forth in the Coastal Management Program document. The eleven counties that comprise the coastal
area of Georgia are: Brantley, Bryan, Camden, Charlton, Chatham, Effingham, Glynn, Liberty, Long,
Mcintosh, and Wayne.

The Coastal Resources Division has the responsibility for administering the Coastal
Marshlands Protection Act, the Shore Protection Act, the Revocable License Program, and State
Programmatic General Permits for recreational docks; for educating the general public about
conservation of resources in the coastal area; and for programs for coastal fisheries resource
management, and others. The Environmental Protection Division has the responsibility to administer
State laws and rules and regulations for the protection of the environment throughout Georgia
including surface waters, underground waters, and air. These responsibilities may be accomplished
by enforcement of regulations, and issuance of permits.

This agreement sets out the terms of the relationship between the Coastal Resources
Division, hereinafter referred to as CRD, and the Environmental Protection Division, hereinafter
referred to as EPD, in connection with the State's fulfillment of its responsibilities under the Georgia
Coastal Management Act (O.C.G.A. 12-5-320, et seq.).

I. Objectives

To the extent consistent with their respective statutory authorities and responsibilities, EPD
and CRD agree to cooperate and coordinate their respective regulatory efforts in a manner consistent
with the policies of the Georgia Coastal Management Program, as required by law (O.C.G.A. 12-5-
326). These objectives include the following:

(1) The goals and standards of the federal Clean Water Act as implemented by the Georgia
Water Quality Control Act, the Georgia Safe Drinking Water Act, and others; and

CRD-EPD MOA, p. 2

(2) The goals and standards of the federal Clean Air Act as implemented by the Georgia Air
Quality Act; and

(3) The goals and objectives of the Coastal Marshlands Protection Act, the Shore Protection
Act, and other laws regulating land disturbing activities in the coastal area.

II. SDecific Functions to be Coordinated

1. Water Quality Resources Management and Regulation

Pursuant to the Official Code of Georgia Annotated, Article 1, Section 12-2-2, EPD is
responsible for the State's water quality management; for regulating discharges into the waters of
the State; and for permitting activities. In carrying out this responsibility, EPD is charged with
ensuring water quality that conserves, preserves, and allows for proper uses; and for protecting
public health; including administration of Section 401 of the federal Clean Water Act, Water Quality
Certification. The administration of Section 401 Water Quality Certification includes the following:

-- Review and certification of any and all applications for a federal license or permit to
conduct any activity including, but not limited to, the construction or operation of facilities,
which may result in any discharge into the navigable waters of the United States in Georgia,
to ensure that any such discharge will be regulated to comply with the applicable provisions
of the federal Clean Water Act.

By way of this memorandum, CRD shall assist EPD with its administration of the Section
401 Water Quality Certification program within the eleven counties that constitute the coastal area
of Georgia. EPD shall retain certification responsibility of this program throughout the State,
including the coastal area. EPD and CRD shall consult and coordinate responsibilities to ensure
administration of this program within the coastal area shall be consistent with the administration of
this program throughout the remainder of Georgia. The purpose of this agreement is to reduce
administrative overlap and to make administrative procedures more efficient; CRD already
implements similar programs in the coastal area of Georgia, such as the Coastal Marshlands
Protection Act which requires evaluation of water quality impacts. Within the eleven-county coastal
area, when 401 Certification is requested for a project, CRD shall review the project and make
recommendations to EPD as to certification. EPD shall consider CRD recommendations prior to
rendering certification decisions. There shall be no delay in project evaluation resulting from this
agreement.

2. Project Evaluation, Interagency Task Force, and Review Procedures

EPD implements permit-related activities that may affect the land, air, and water resources of
the State. By way of this memorandum, EPD shall notify CRD via its public notice mailing list of the
receipt of any permit application that may affect such resources of the coastal area. Upon receipt of
such notification, CRD shall notify any relevant federal agencies that might also be considering
authorizations for the project. CRD shall follow up with EPD to determine when the permit is issued
for projects needing federal authorization. CRD shall then notify the relevant federal agencies of the
State's consistency decision based on the issuance or denial of State authorities. CRD will not
evaluate EPD's action nor conduct a separate review of a project. There shall be no delay in project
evaluation resulting from this agreement.

CRD-EPD MOA, p. 3

Generally, when a federal permit program has been delegated to the State of Georgia, State
implementation of the federal permit is not subject to the federal consistency process. Examples of
state-issued federal permits not subject to federal consistency include National Pollution Discharge
Elimination System (NPDES) permits. CRD and EPD recognize that while authority for some federal
environmental programs has been delegated from the U.S. Environmental Protection Agency to EPD
and therefore is not subject to the federal consistency process, other federal authorities, federal
actions, and federal assistance activities require a consistency decision from CRD. CRD shall render
such decision based upon issuance of EPD permits and other state authorities.

By way of this memorandum, CRD will organize quarterly meetings of all State and federal
permitting agencies exercising regulatory authority or management or planning authority in the
coastal area. A representative from EPD shall be invited and urged to attend these meetings. The
purpose of the meetings is to foster agency coordination with respect to agency policies and
procedures, air issues, and improve cooperation. The meetings are not intended to review individual
projects.

CRD shall also organize occasional meetings, at the request of applicants, of all State and
federal agencies exercising regulatory or management or planning authority in the coastal area. A
representative from EPD shall be invited and urged to attend these meetings. The purpose of these
meetings is to foster coordination among agencies with respect to specific projects and provide
technical assistance to applicants, and is not intended as an additional public review of the merits of
the project.

Ill. ADpeal Procedures

The applicant for any permit activity has the right to the appeals process defined for the
applicable permit. CRD shall provide technical assistance to EPD for any appeals based on CRD
recommendations for 401 Water Quality Certifications.

IN WITNESS WHEREOF, the contents of this memorandum of agreement have been accepted and -
approved by the Department af Natural Resources, Environmental Protection Division and Coastal
Resources Division this day of J,,, 1997.

LoYAice C. Barrett, Commissioner I ' Date
Georg ia D rtm esources

Duane Harris, Director Date
Csa esources Divi ion

Harold Reheis, Director Date
Environmental Protection Division

Appendix VI

SAMPLE MEMORANDUM OF
AGREEMENT BETWEEN OTHER
AGENCIES AND THE GEORGIA
L ~COASTAL RESOURCES DIVISION

APPENDIX VI:
SAMPLE MEMORANDUM OF AGREEMENT BETWEEN OTHER
AGENCWES AND THE GEORGIA COASTAL RESOURCES DIVISION

--Generic Discussion Draft --
MEMORANDUM OF AGREEMENT

between
h ~~~~~~GEORGIA DEPARTMENT OF NATURAL RESOURCES
COASTAL RESOURCES DIVISION

and

fADD AGENVCY NAME HERE)

This memorandum constitutes an understanding between the Georgia Coastal management
P ~~~Program and the [Agency] concerning implementation of a program to balance economic development in
Georgia's coastal area with preservation of natural, environmental, historic, archeological, and recreational
resources for the benefit of Georgia's present and future generations. This understanding is based upon
each Department's statutory and regulatory authorities and commitment to appropriate planned
development and conservation of the land, rivers, sounds, marshes and other waters of Georgia's coast,
including the submerged lands seaward of the coast to the extent of Georgia's jurisdiction.
The Georgia Department of Natural Resources has been designated by the Georgia General
Assembly as the lead Department to prepare and administer the State's Coastal Management Program
(O.C.G.A. 12-5-323). Within the Department of Natural Resources, the Coastal Resources Division is
responsible for coastal management issues, including preparing and administering a comprehensive
coastal management program for the eleven-county coastal area of Georgia as set forth in the Coastal
Management Program Document. The eleven counties that comprise the coastal area of Georgia are:
Brantley, Bryan, Camden, Chariton, Chatham, Effingham, Glynn, Liberty, Long, McIntosh, and Wayne.
The Coastal Resources Division has the responsibility for administering the Coastal Marshlands
h ~~~Protection Act, the Shore Protection Act, the Revocable License Program, and State Programmatic
General Permits for recreational docks; for educating the general public about conservation of resources
in the coastal area; and for programs for coastal fisheries resource management, and others. The
[Agency] has the responsibility for [insert agency's responsibilities].

This agreement sets out the terms of the relationship between the Coastal Resources Division,
hereinafter referred to as CRD, and the [Agency], hereinafter referred to as [Agency abbreviation], in
connection with the State's fulfillment of its responsibilities under the Georgia Coastal Management Act

(O.C.G.A. 12-5-320, etseq.).

< Appendix VI - I1>

I. Objectives

To the extent consistent with their respective statutory authorities and responsibilities, [Agency]
and ORD agree to cooperate and coordinate their respective regulatory efforts in a manner consistent with
the policies of the Georgia Coastal Management Program, as required by law (O.C.G.A. 12-5-326).
These objectives include the following:
(1) [insert objectives of agency.]
(2) The goals and objectives of the Coastal Marshlands Protection Act and the Shore Protection
Act.

II. Specific Functions to be Coordinated
1. Project Evaluation, Interagency Task Force, and Review Procedures
[Agency] implements [Describe agency's activities]. By way of this memorandum, [Agency] shall
notify ORD via its public notice mailing list of the receipt of any permit application that may affect
resources of the coastal area. Upon receipt of such notification, ORD shall notify any relevant federal
agencies that might also be considering authorizations for the project. ORD shall follow up with [Agency]
to determine when the permit is issued for projects needing federal authorization. ORD shall then notify
the relevant federal agencies of the State's consistency decision based on the issuance or denial of State
authorities. ORD will not evaluate [Agency's] action nor conduct a separate review of a project. There
shall be no delay in project evaluation resulting from this agreement.I
By way of this memorandum, CR0 will organize quarterly meetings of all State and federal
permitting agencies exercising regulatory authority or management or planning authority in the coastal
area. A representative from [A gency] shall be invited and urged to attend these meetings. The purposeI
of the meetings is to foster agency coordination with respect to agency policies and procedures, air
issues, and improve cooperation. The meetings are not intended to review individual projects.
ORD shall also organize occasional meetings, at the request of applicants, of all State and federal
agencies exercising regulatory or management or planning authority in the coastal area. A representativeI
from [Agency] shall be invited and urged to attend these meetings. The purpose of these meetings is to
foster coordination among agencies with respect to specific projects and provide technical assistance to
applicants, and is not intended as an additional public review of the merits of the project.
[2. Other?]4

III. Appeal Procedures
The applicant for any permit activity has the right to the appeals process defined for the applicableI
permit.

< Appendix VI -2 >

IN WITNESS WHEREOF, the contents of this memorandum of agreement have been accepted and
approved by the [Agency] and the Department of Natural Resources, Coastal Resources Division this
day of _____1997.

Lonice C. Barrett, Commissioner Date
Georgia Department of Natural Resources

Duane Harris, Director Date
Coastal Resources Division

[Agency representative] Date

< Appendix VI - 3 >

I
J

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4
I

I
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I
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I
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el

I
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< Appendix Vl - 4 >
A

1i Appendix VII

DESCRIPTION OF GEORGIA'S
|, COASTAL NONPOINT SOURCE
.1 PROGRAM

APPENDIX VII:
DESCRIPTION OF GEORGIA'S COASTAL NONPOINT SOURCE
PROGRAM

A. Introduction

This appendix describes the nonpoint source pollution control efforts conducted in
Georgia, and, more specifically, the coastal components of the nonpoint programs that relate to
Section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990 (CZARA). Section
6217 of CZARA, entitled "Protecting Coastal Waters," is intended to help address the problem of
nonpoint source pollution and its effect on coastal waters. Section 6217 requires coastal states
with approved coastal zone management programs to address nonpoint pollution impacting or
threatening coastal waters. The administration of Section 6217 at the federal level is a joint
responsibility of the National Oceanic and Atmospheric Administration (NOAA) and the U.S.
Environmental Protection Agency (EPA). The purpose of Section 6217 is to strengthen the links
between federal and state coastal zone management and water quality programs in order to
enhance state and local efforts to manage land use activities that degrade coastal waters and
habitats.

Each state program must contain the following components:

Coordination with existing state programs
* Determination of 6217 management area
I* � Identification and implementation of additional management measures
* Technical assistance
* Public participation
* Administrative coordination
* Identification of enforceable policies and mechanisms
a* � Monitoring
)* � Implementation of management measures in conformity with (g) guidance

A brief description of how Georgia intends to comply with each of these program
components follows. This appendix is not intended to be an exhaustive description of the
nonpoint source program in Georgia. It is only intended to be a brief description of the program
components. The State of Georgia believes that there are existing state, local, or industry
programs that will ensure compliance with all of the components of Section 6217, including all
56 of the (g) measures. Georgia will submit a complete Coastal Nonpoint Program description to
NOAA and EPA 30 months following NOAA's approval of the Georgia Coastal Management
Program.

< Appendix VII - 1 >

B. Coordination with Existing State Programs

The Georgia Coastal Management Program is a networked program, coordinated by the
Coastal Resources Division (CRD) of the Georgia Department of Natural Resources (DNR). The
Environmental Protection Division (EPD) of DNR has primary responsibility for administration
of state water quality laws, including Section 401 Water Quality Certification Authority for the
state. CRD and EPD have agreed to coordinate responsibilities for nonpoint source pollution
management in the coastal area. EPD will retain all regulatory authority as prescribed by
Georgia law. CRD will provide a coordination role for all matters that affect the coastal area,
including monitoring, enforcement, education, and identification of a need for additional
management measures. CRD provides technical assistance for Section 401 Certification
authority for the coastal area. CRD and EPD will continue to work closely on water quality
issues in the coastal area. In addition to EPD, CRD will coordinate with the Georgia Department
of Transportation, the Georgia Forestry Commission, the Georgia Soil and Water Conservation
Commission, and other pertinent agencies for activities conducted within the coastal zone to
ensure that siting and design of structures and activities are done in such a way to minimize
damage to state waters.

C. Determination of 6217 Management Area

The Georgia Coastal Management Program boundary defined in the Georgia Coastal
Management Act will be used as the 6217 management area. This area consists of the eleven
coastal counties that encompass all of the tidally influenced state waters. The counties, from
north to south, are: Effingham, Chatham, Bryan, Liberty, Long, McIntosh, Wayne, Glynn,
Brantley, Camden, and Charlton.

D. Identification and Implementation of Additional Management Measures

The EPD policy for nonpoint source management is problem driven, and limited agency
resources do not allow a comprehensive assault on all sources of nonpoint pollution. Therefore,
the agency relies on River Basin Management Planning to address the specific problems within
each particular watershed. Each year, two to four watersheds comprising one river basin group
will be targeted for the development of a management plan, to be reviewed and updated on a
five-year cycle. The plans are to include: a description of the basin or watershed; identification
of local governments in each watershed; land use inventories; and a description of plan goals
which may include providing environmental education, improving water quality, reducing
pollution at the source, improving aquatic habitat, reestablishing native fish species, restoring
and protecting wildlife habitat, and providing recreational benefits. A description of the
strategies and measures to accomplish the goals is to be a part of each management plan. In
some areas urban runoff may be the primary culprit leading to degraded water quality, while in
other areas it may be agricultural grazing, forestry roads, marina runoff, or some other nonpoint
source. In each of the watersheds, an advisory group works to identify the primary sources of

< Appendix VII - 2 >

nonpoint source pollution and develop a plan to remedy the situation. The plan that is developed
might require management measures that are not listed as one of the 56 (g) measures -- in fact,
some unique solutions may result. Management of nonpoint source pollution is not limited to the
River Basin Management Plans. Several legislative authorities can be used to assert control over
various sources of pollution (See "Identification of Enforceable Policies and Mechanisms").

E. Technical Assistance

EPD, using Section 319 funds and other resources, provides technical assistance to local
governments and other user groups for control of nonpoint source pollution. EPD has arranged
by Memorandum of Understanding for the Georgia Soil and Water Conservation Commission to
provide technical assistance, especially for feedlot operations and other agricultural practices to
minimize nonpoint source pollution.

F. Public Participation

As mentioned above, EPD has embarked on a management strategy based on river basin
planning for the fourteen watersheds of Georgia. Within each watershed an advisory group,
composed of seven local citizens, helps to identify problems and solutions to nonpoint source
pollution. This active participation by the public involves education and consensus building
efforts by EPD.

G. Administrative Coordination

EPD has a Nonpoint Source Program manager within the Water Protection Branch. In
addition to management of Section 319 grants, the EPD Nonpoint Source Program provides
technical assistance, education, and coordination activities statewide. CRD will coordinate
closely with EPD on nonpoint source issues that may affect the coastal zone.

H. Identification of Enforceable Policies and Mechanisms

Throughout this appendix, reference is made to the enforceable policies and mechanisms
used to implement the nonpoint source management programs throughout the State. The primary
enforceable mechanisms are listed below.

Georgia Water Oualitv Control Act ( O.C.G.A. 12-5-20, et seq.) provides the authority for
EPD to regulate the waters of the state for public and private water supply, and for
agricultural, industrial, and recreational uses. The Act requires EPD to restore and
maintain a reasonable degree of purity in the waters of the state, to maintain an adequate

< Appendix VII - 3 >

supply of such waters, to require where necessary reasonable usage of state waters, and to
require reasonable treatment of sewage, industrial wastes, and other wastes prior to their
discharge into such waters.

Erosion and Sedimentation Act (O.C.G.A. 12-7-1, et seq.), administered by EPD,
requires each county or municipality to adopt a comprehensive ordinance establishing
procedures governing land-disturbing activities based on the minimum requirements
established by the Act. The rules, regulations, ordinances, or resolutions adopted for
purposes of controlling land-disturbing activities under this Act require, at a minimum,
sound conservation and engineering practices to prevent and minimize erosion and
sedimentation. Permits are required for specified "land disturbing activities," including
some construction activities, certain activities associated with transportation facilities,
activities on marsh hammocks, etc. EPD may periodically review county or municipality
implementation of erosion and sedimentation standards and, if such review indicates that
the local authority has not administered or enforced the ordinances that have been
approved for this purpose, EPD may enforce the local ordinances.

Metropolitan River Protection Act (O.C.G.A. 12-5-440, et seq.) requires buffers and
limits land disturbing activities in designated corridors adjacent to rivers in certain
metropolitan areas. The Act prohibits the erection of any structure that may adversely
affect the waterflow or increase siltation or other pollution of state waters. The Act
provides the state with the authority to protect the waters of major streams while
protecting the private property rights of landowners; prevents activities that contribute to
floods and flood damage; controls erosion, siltation, and intensity of development; and
provides for location and design of land uses to minimize the adverse impacts of
development on streams and flood plains. The authority is provided for those streams in
metropolitan areas with a population greater than 1,000,000. Since there are no
metropolitan areas in coastal Georgia that meet the minimum population requirements J
this law currently is not pertinent; with a growing coastal population, however, it may
become effective.

Coastal Marshlands Protection Act (O.C.G.A. 12-5-280, et seq.) requires a permit for
certain activities within the coastal marshes of Georgia and includes water quality
protection requirements. J

Shore Protection Act (O.C.G.A. 12-5-230, et seq.) requires a permit for activities along
beaches and requires designs to limit erosion of dunes and dune fields.

Comprehensive Planning Act (O.C.G.A. 45-12-200, et seq.) asserts the interests of the
state in setting minimum standards for land use in order to protect natural resources
including water supply watersheds, wetlands, and groundwater recharge areas.

< Appendix VII - 4 >

* River Corridor Protection Act (O.C.G.A. 12-2-8, et seq.) requires that local governments
adopt a river corridor management plan as part of their Comprehensive Management
Plan. Such a plan requires the local government to identify the river corridor as defined
by the Act, identify land uses, and ensure that forestry and agricultural activities are
consistent with the best management practices established by the Georgia Forestry
Commission or the Georgia Soil and Water Conservation Commission. The Act sets
minimum standards for protecting buffers on either side of rivers with a mean annual
flow of 400 cubic feet per second or greater.

River Basin Management Plan Act (O.C.G.A. 12-5-520, et seq.) requires that a plan be
developed for each of the fourteen river basins in Georgia. These plans should include: a
description of the basin or watershed; identification of local governments in each
watershed; land use inventories; and a description of plan goals which may include
providing environmental education, improving water quality, reducing pollution at the
source, improving aquatic habitat, reestablishing native fish species, restoring and
protecting wildlife habitat, and providing recreational benefits. A description of the
strategies and measures to accomplish the goals is to be a part of each management plan.
The law requires a seven person local advisory committee be appointed to provide advice
and council to EPD during the development of the plan. The basin management plans
address nonpoint source pollution, among other issues. An assessment of the water
quality for each basin is conducted, the issues are prioritized, and implementation
strategies are presented to address each of the issues. EPD and CRD coordinate closely
on the plans, goals, and implementation strategies for those management plans that affect
the coastal region -- the Savannah-Ogeechee, the Altamaha, the Satilla, and the St. Marys
watershed areas.

6* � Georgia Hazardous Waste Management Act (O.C.G.A. 12-8-60, et seq.) governs storage,
transport, disposal, labeling, etc. of hazardous wastes throughout Georgia.

Underground Storage Tank Law (O.C.G.A. 12-3-1, et seq.) governs installation,
maintenance, inspection, and permitting for underground storage tanks.

Other, non-enforceable, mechanisms that are used throughout Georgia are:

BMPs for Silviculture, Agriculture. Urban Areas The Agricultural and Forestry
communities offer protection to the state waters largely through the use of Best
Management Practices (BMPs). BMPs depend on voluntary compliance by farmers,
ranchers, and timber harvesters. The Georgia Forestry Commission and the Georgia Soil
and Water Conservation Commission have developed BMPs for silvicultural and
agricultural activities, respectively, based on the recommendations of several sources,
including: the U.S. Environmental Protection Agency, the University of Georgia
Cooperative Extension Service, the U.S. Department of Agriculture Natural Resource
Conservation Service, the U.S.D.A. Forest Service, the Georgia Forestry Commission,
and the Georgia Department of Natural Resources, among others. BMPs for Urban Areas

< Appendix VII - 5 >

are currently under development by the Atlanta Regional Development Center on a grant
provided by EPD using Section 319 funds. The Urban Area BMPs are being developed
with the condition that they can be implemented statewide.

The Georgia Department of Transportation (DOT) has responsibility for all road and
bridge construction activities in Georgia. Although DOT is exempt from the permit
requirements of the Erosion and Sedimentation Act, the Coastal Marshlands Protection
Act, and certain other provisions of state law, they must comply with the spirit of the law.
DOT has developed its own standards specifications manual which describes the
acceptable construction standards for road and bridge contractors. Included within these
standards are specifications for "Construction Erosion Control," such as embankment
stabilization, sediment barriers, etc. The standards describe the construction practices.
There are provisions for penalties for non-compliance with the standards.

AdoDt-A-Stream Program is a volunteer program designed to encourage local civic
groups to "adopt" a section of a stream or river for protection. Litter control, stormwater
drain stenciling, education, and other activities are done with the technical assistance of
EPD.

River Care 2000 is a program implemented by Governor Zell Miller in 1994 that is
designed to acquire and maintain property in natural condition along Georgia rivers for
recreation, flood control, water quality, and natural habitat.

Clean Water Act, Section 401 Water Oualitv Certification The Georgia Attorney General
has determined that the conditions of this section are non-enforceable under Georgia law.
The U.S. Army Corps of Engineers must enforce this section.

Nationwide Permits are issued by the U.S. Army Corps of Engineers for certain activities.
EPD reviews preconstruction notifications for nationwide permit numbers 8, 12, 14, 18,
26, 27, 29, 31, 33, 37, and 38 for certain applications, including: the proposed activity is
located on high quality wetland as determined by the Georgia National Heritage Program;
the proposed activity is within a seven-mile radius in the watershed of a drinking supply
reservoir; the proposed activity is located on the 303(d) list for the State of Georgia; and
others. Review of Nationwide Permits is conducted within the EPD Water Protection
Branch's Nonpoint Source Program, and adequate management for sources of nonpoint
source pollution shall be one of the review parameters. Georgia will issue, issue with
conditions, waive, or deny water quality certification under Section 401 based on its
review of the proposed projects.

Georgia Nonnoint Source Management Program (Section 319) The program that was
developed by the DNR's Environmental Protection Division pursuant to Section 319 of
the CWA, addresses nonpoint pollution from urban sources, agriculture, forestry,
stormwater, erosion and sedimentation, and surface mining. The program also stresses

< Appendix VII - 6 >

education, citizen input (Adopt-a-Stream), and watershed assessment and monitoring.
The program was developed in 1989 and updated in 1995. The Environmental Protection
Division has designated the Georgia Soil and Water Conservation Commission the lead
agency to address agricultural nonpoint sources of pollution and the Georgia Forestry
Commission as the lead agency to address nonpoint source pollution from silviculture.
The 319 program is generally focused on urban sources of pollution in the Atlanta
metropolitan area, although there are projects specific to the coastal area, such as the
Savannah Urban Stream Management Program, and statewide projects such as promotion
and funding of agricultural and silvicultural best management practices. Several
examples of 319-funded activities are cited throughout this document.

Others Local efforts often include wetlands education, shore and marsh appreciation and
education, pollution prevention activities and strategies, and others.

I. Monitoring

EPD continues to monitor rivers and streams throughout Georgia. There are
approximately 37 permanent monitoring stations established throughout the state, and another
100 (approximate) stations that are established within those watershed areas for which
management plans are under development. This approach allows for comprehensive evaluation
of a given watershed every five years while maintaining a baseline of data for Georgia waters at
large.

J. Implementation of Management Measures in Conformity with (g) guidance

Agriculture

Agricultural BMPs address management measures for this category. Erosion and
sediment control is accomplished through a voluntary BMP program implemented by the Satilla
River and Coastal Soil and Water Conservation Districts. The Soil and Water Conservation
Districts educate landowners and users on tillage practices, cover crops, etc. and promotes
conservation measures through a low-cost equipment rental program. Agricultural erosion and
sedimentation may be incorporated into applicable River Basin Management Planning in the near
future.

Through a Memorandum of Understanding between EPD, the Natural Resource
Conservation Service, and the Georgia Soil and Water Conservation Commission, no direct
discharge from confined animal feedlot operations into surface waters is allowed. The
Memorandum of Understanding also contains design criteria. Land discharge permits are
required for large facilities and the Commission recommends manure disposal management
plans, including construction of cost-share lagoon systems.

< Appendix VII - 7 >

The Natural Resource Conservation Service and Cooperative Extension Service
recommend nutrient management plans for all crops. Nutrification of coastal waters is not a
significant issue in Georgia. The Natural Resource Conservation Service and the Soil and Water
Conservation Districts also provide pesticide management education. BMPs suggest the use of
companion crops that introduce beneficial insects.

There is very little impact in the coastal zone from grazing due to low topography and
slope in the area, and the small number and extent of grazing lands. BMPs limit grazing access
to streams and protect sensitive areas. Land owner education, cost-share programs, and EPD-
funded demonstration projects have been effective in reducing range animal access to streams.

Irrigated lands are limited and little or no chemigation is done in the coastal zone. The
Georgia Water Wells Standards Act requires protection against the entrance of pollutants into
wells through construction standards. Agricultural BMPs address irrigation water management.
A groundwater management strategy for the coastal zone is currently under development by EPD
in coordination with local governments and industry.

Forestry

A forestry BMP manual has been developed by the Georgia Forestry Commission which
addresses the management measures for this category. Many of the major timber companies, as
well as the Georgia Forestry Commission, offer landowner assistance programs incorporating
preharvest plans. A separate preharvest planning section is being considered in upcoming
forestry BMP manual revisions. Turbidity standards contained in the Georgia Water Quality
Control Act are used for sedimentation issues.

A Streamside Management Zone BMP recommends a 20 foot wide management area on
either side of a stream in the lower coastal plain of Georgia. Practices to be avoided include fire,
roads or trails unless unavoidable, mechanical site preparation, and aerial pesticide and herbicide
application, among others.

Construction and reconstruction of forestry roads are managed by forestry BMPs and the
156 federally mandated road crossing BMPs for waters of the United States. EPD and the
Georgia Forestry Commission conduct periodic compliance surveys. Forestry BMPs
recommend: stabilization of roadbeds with mulch or seed; retirement of unused roads; adequate
culvert sizing; soil stabilization; use of prescribed slope angle for roads construction and stream
crossings; avoidance of anything which would impede the free flow of water; and keeping road
construction as far away as possible from Stream Management Zones. The revision of the
Georgia BMPs for Forestry will include the federal requirements.

In addition to the road construction BMPs listed above, road management BMPs
recommend: avoiding constant use of soft roads during wet ground conditions; use of drainage
crossings and culverts; and retirement of temporary access roads, which includes reshaping,

< Appendix VII - 8 >

mulching, and seeding, in combination with water bars. Federal mandate requires that temporary
road crossings be removed in their entirety and the area restored to its original elevation.

Timber harvesting is also managed by Forestry BMPs. BMPs recommend: skidding
should not be done straight down steep slopes (there are no steep slopes in coastal Georgia); skid
trails should alternate between several different skid trails to minimize soil exposure and
disturbance; logging debris is to be left on soil, dry washes and at points of concentrated drainage
from skid trails; on saturated soils, concentrate skid trails to minimize compaction and soil
disturbance; sawdust and sawmill waste should not be discharged into streams and lakes; and
recommends avoiding leaving trees or tops in water of streamside management zones. Cable
yarding is not significant in Georgia. Federal mandates also apply to skid trails that cross
streams.

Site preparation and forest regeneration BMPs take into account all Streamside
Management Zone BMPs as well as recommending: construction of planting beds should be
done on the contour; avoidance or careful use of wheeled or tracked vehicles of any kind in
Streamside Management Zones; removal of debris in live or wet-weather streams; orientation of
debris on the contour when windrowing; use of fire breaks; and suspension of operations during
wet periods. Different wetland types and recommended site preparation methods are covered by
BMP. A new EPA wetland guidance addresses mechanical site preparation in certain wetland
types for the purpose of pine conversion, which may require a permit from the U.S. Army Corps
of Engineers.

Forestry BMPs describe measures related to prescribed burns. The Certified Burner
program, administered by the Georgia Forestry Commission, is designed to educate Georgians
about safe burning techniques. BMPs for fire lines describe a need for water bars placed in
firebreak lines in areas where the grade is over five percent, to be placed at frequent intervals to
slow the water and disperse it. The BMP also recognizes that wildfire suppression lines are
made during high-stress times and therefore the implementation of BMPs should be left to the
discretion of the landowner.

Forestry BMPs do not call for revegetation of disturbed areas. Rather, they say that
reforestation is not a threat to water quality and BMPs are not necessary, but if you do revegetate,
then certain BMPs should be followed. In practice, pine forests are replanted at appropriate
times of year, generally in the fall. With Georgia's climate and long growing season, natural
revegetation occurs almost immediately during the growing season. Planting beds in wet areas
usually requires one to two months to allow the soil to settle, forcing removal of air pockets that
could be detrimental to new seedling survival. Because artificial regeneration takes place from
December to March after site-prep, revegetation cannot always be accomplished immediately
following disturbance of an area. If other BMPs are followed -- stabilization of decks, skid trails,
stream crossings, etc -- water quality will not be impaired through revegetation.

< Appendix VII - 9 >

Forest chemicals are managed by BMPs as well as by state and federal laws. State law
provides authority for regulatory control of pesticides throughout Georgia. There are
requirements for licensing for contractors and applicators, as well as labeling and other
requirements. The Georgia Pesticide Use and Application Act provides for equipment
inspection, transport, storage, disposal of pesticides, accident reporting procedures, etc. Spill
contingency plans for coastal waters are coordinated by the U.S. Coast Guard, with input from
the National Oceanic and Atmospheric Administration, the U.S. Environmental Protection
Agency, the U.S. Fish and Wildlife Service, and the Georgia Department of Natural Resources.

Wetlands are addressed by Forestry BMPs. Additionally, wetlands are considered waters
of the state and as such are under the jurisdiction of EPD. Federal mandates and mechanical site
preparation guidance address this measure.

Urban Areas

The "Manual for Erosion and Sediment Control in Georgia," developed by the Georgia
Soil and Water Conservation Commission, provides a reference for development of erosion and
sedimentation plans. The Erosion and Sedimentation Act provides EPD with authority to issue
permits for land disturbing activities, including construction, with certain exemptions. The
Georgia Department of Transportation is exempt from the Erosion and Sedimentation Control
Act but has established standards for sediment control. The Georgia Water Quality Control Act
provides some backup authority for protection of water supplies. Urban area BMPs, currently
under development by the Atlanta Regional Development Center, provide guidance for urban
activities and are envisioned for used throughout Georgia. The Urban Area BMPs are scheduled
for completion by 1998. The River Basin Planning Act requires development of river basin
management plans for all major rivers in the coastal area. These plans may address many
management measures for this category. EPD uses Section 319 funds for education and
encouragement to local governments for stormwater control and water quality management
issues, and for development of guides and model ordinances.

The University of Georgia School of Design has been awarded a grant to develop revised
building codes for Georgia that will minimize water quality impacts. Requirements for
maintenance of postdevelopment runoff rates at predevelopment levels is done in a number of
urban areas by local ordinance.

EPD also issues stormwater permits that may include nonpoint source pollution measures
as permit conditions to urban governments as NPDES permits. EPD can also condition
municipal stormwater management permits such that storm water management programs and
necessary ordinances be developed to monitor, assess, and implement a plan that might
incorporate these measures, but such conditions must be based on an identified need specific to
the area.

The Pollution Prevention Assistance Division (P2AD) of the Georgia DNR addresses
pollution prevention by providing education and technical assistance to citizens, community
organizations, industries, schools, and other groups. P2AD is relatively new program, but it has
been very well received since it provides an opportunity for potential polluters to receive
technical assistance before they get into trouble. The University of Georgia Horticulture
Extension Service, through a grant from the P2AD, is developing guidelines and educational
materials for turf management throughout Georgia. There is a litter control law in Georgia, but a
great deal of the litter management effort in Georgia is conducted by volunteer groups such as
garden clubs and Adopt-A-Highway and Adopt-A-Stream programs. Commercial activities such
as parking lots, gas stations, etc that are not under NPDES purview are still subject to other
authorities administered by EPD, such as the Water Quality Control Act, the Hazardous Waste
Management Act and Department of Transportation standards. EPD also provides pollution
prevention education using Section 319 funds.

Georgia has a Hazardous Waste Management Act and an Oil and or Hazardous Material
Spills or Releases Act that address construction hazards. Georgia's Litter Control Law and the
solid waste rules and regulations also apply to construction activities. Other authorities or
programs that address these measures are the River Care 2000 program and the River Corridor
Protection Act.

State law describes the establishment of County Boards of Health, which have the
responsibility for enforcing the regulations for onsite sewage management systems. Each of the
eleven counties in Georgia's coastal area has a Board of Health, and each has adopted rules for
sewage management. The agency with responsibility is the Georgia Department of Human
Resources. Each county has permit requirements and monitoring (usually on a "complaint
driven" basis). Disposal of pet excrement is not a significant problem in coastal Georgia and is
addressed by local ordinances.

Roads, highways, and bridges are under the purview of the Georgia Department of
Transportation and are addressed by the BMP manual "Georgia DOT Standard Specifications:
Construction of Transportation Systems."

Marinas and Recreational Boating

Coastal Georgia has an average eight foot daily tidal range that provides exceptional
flushing for most areas. The Georgia Coastal Marshlands Protection Act prohibits the
construction of marinas or any other structures that adversely impact marshlands unless there are
no feasible alternatives, and includes a "public interest" test that includes criteria for water
quality and flushing. Water quality assessment management is currently not required for marina
siting, but may be considered as a condition for NPDES and other permits. Potential impacts to
designated uses are assessed prior to permit issuance. CRD reviews all U.S. Army Corps of
Engineers permit applications for compliance with the antidegradation rules of Section 404(b) of
the federal Clean Water Act. Approved and restricted shellfish areas are considered existing

< Appendix VII - 11 >

resources, and therefore are afforded the protection of this section. Aquatic habitat is also
protected under the Coastal Marshlands Protection Act and the Shore Protection Act. Permanent
structures, including marinas, piers, etc. are prohibited on Georgia's beach areas by the Shore
Protection Act as a means of protecting the dunes and sand sharing system. At marinas, NPDES
permits are required for stormwater discharges from onshore hull maintenance areas, fueling
areas, and areas where chemicals or hazardous materials are used. There are few proposed new
and expanding marinas in coastal Georgia. Waste water discharge requires a permit from EPD.
The Water Quality Control Act is effective for regulating certain water quality violations.
NPDES permits are required for onshore fueling areas. The Coastal Marshlands Protection Act
requires contingency plans for spills, shutoff valves for fuel pumps, etc. Most marinas in the
coastal area have and maintain a pumpout station.

NPDES Permits are required for stormwater discharges from onshore hull maintenance
areas. The Coastal Marshlands Protection Act and the Georgia Litter Control Act are also
applicable. Fish wastes are not a problem in coastal Georgia since marinas located in the coastal
zone are subject to tidal ranges averaging over eight feet, which provides excellent flushing. The
Litter Control Law prohibits depositing any litter, including "dead animals" and other waste on
public or private property or in any waters of the state. Public education regarding proper
disposal of fish waste can be provided via technical assistance from the Pollution Prevention
Assistance Division and other divisions of the Georgia DNR. Permits issued under the Georgia
Coastal Marshlands Protection Act are conditioned to include requirements for proper operation
and maintenance. The Georgia Hazardous Waste Management Act governs the storage,
transport, and disposal of hazardous wastes. The Georgia Underground Storage governs
underground storage. The U.S. Coast Guard has primary responsibility and jurisdiction for all
vessel-related oil/fuel spills in Georgia. EPD coordinates closely with the Coast Guard on all
spills, and has cited vessels for violation of the Georgia Water Quality Control Act that requires
that state waters remain free of oil. The Coast Guard Auxiliary conducts boating education
courses in Georgia that include discussion of safe fueling practices. The Coastal Marshlands
Protection Act permits are conditioned to minimize impacts from hull scrubbing, etc. Boat use in
shallow areas is naturally restricted by geography and tides -- the creeks become too shallow to
navigate. Due to the natural turbidity in Georgia waters there is no submerged aquatic
vegetation. There is no evidence that shallow water habitats such as mud flats and sand bars are
adversely impacted by boat use.

Hydromodification: Channelization and Channel Modification, Dams, and Streambank and
Shoreline Erosion

A Section 401 Water Quality Certification is required for any channelization. Channel
modification projects would most likely be accomplished by the U.S. Army Corps of Engineers
and would, therefore, be subject to federal consistency review. Any channelization projects in
the coastal zone would require a permit issued under the authority of the Coastal Marshlands
Protection Act unless conducted by an exempted agency.

< Appendix VII - 12 >

Dam construction is not an issue in coastal Georgia, given the flat topography. There are
no dams in Georgia's eleven-county coastal area, and no plans to build any.

Streambank and shoreline erosion are managed using BMPs and state laws. A
"Streambank Stabilization Manual" for non-tidal areas has been developed using Section 319
funds. The Coastal Marshlands Protection Act and the Shore Protection Act provide needed
authority for tidal areas. The Shore Protection Act provides for the stabilization of developed
upland areas to protect against erosion.

Wetlands, RiDarian Areas, and Vegetated Treatment Systems

The Georgia Water Quality Control Act provides the authority to manage wetlands and
other waters of the state based on water quality standards. Section 401 Water Quality
Certification provides the state with authority over federally permitted activities. EPD has
authority under the Georgia Water Quality Act to require permits for all point sources and
nonpoint sources of pollution in state waters. Point source permits (NPDES) are only issued for
no-discharge wastewater land application systems. River Basin Management Plans may include
wetlands protection measures.

The Georgia DNR is a signatory to the U.S. Army Corps of Engineers "Wetlands
Mitigation Strategy for Georgia." The mitigation strategy is sequential: the first step is to avoid
impact to wetlands; the second step is to minimize damage to wetlands; the third step is to
mitigate for damages to wetlands. Mitigation involves a system of points to be awarded for
various restoration and/or preservation functions. For example, vegetative treatment systems as
buffer zones are awarded a higher percentage of points than re-creation of a wetlands.
Completely surrounding a wetland area with a vegetative buffer is worth more than just doing
one side of the area. Restoration of wetlands and riparian areas is a major component of the
program. Preservation is limited to a maximum of fifty percent of a mitigation project and the
rest must be creation or restoration, with the emphasis on restoration.

Monitoring and Tracking

Section 6217 calls for a description of any necessary monitoring techniques to accompany
the management measures to assess over time the success of the measures in reducing pollution
loads and improving water quality. Georgia's River Basin Management Plan provides the
framework for intensive monitoring of each of Georgia's watersheds on a five-year cycle. Interim
monitoring is done, but on a less intensive basis. EPD publishes a report on the state of Georgia
waters every two years.

< Appendix VII - 13 >

1
4

A
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;

I
I

< Appendix VII -14> 4
I
A

Georvia Denartment of Natural Resources
One Conservation Way, Suite 300, Brunswick, Georgia 31520-8687
Lonice C. Barrett, Commissioner
Duane Harris, Director
Coastal Resources Division
912/264-7218
FAX 912/262-3143

August 15, 1997

Mr. Jeffrey R. Benoit, Director
Office of Ocean and Coastal Resource Management
NOAA - U.S. Department of Commerce
1305 East-West Highway, N/ORM3
Silver Spring, MD 20910

Dear Mr. Benoit,

Governor Zell Miller has submitted the Georgia Coastal Management Program (GCMP)
to the National Oceanic and Atmospheric Administration (NOAA) for federal approval. After
federal approval, the nonpoint source pollution control provisions of Section 6217 of the Coastal
Zone Act Reauthorization Amendments of 1990 will apply to the GCMP.

The State of Georgia believes that its existing comprehensive Nonpoint Source Pollution
Management Program contains the authorities, assessment, and implementation activities that
provide the basis for an approvable coastal nonpoint source pollution control program. This
program is administered cooperatively by the Georgia Department of Natural Resources,
Environmental Protection Division (EPD) and other state agencies. We recognize, however, that
NOAA and the U.S. Environmental Protection Agency (EPA) cannot make a final finding on that
issue because the type and amount of information included in Appendix 7 of the GCMP Draft
Environmental Impact Statement clearly does not constitute a complete description and assessment
of Georgia's program under the requirements set out in NOAA and EPA's Coastal Nonpoint
Program guidance dated January 1993 and March 16, June 21, and June 28, 1995.

The State of Georgia commits to submitting its coastal nonpoint source pollution
management program to NOAA and EPA within thirty months of GCMP approval. We look
forward to working with you and your staff on this matter.

Sincer _y,

Duane Harris

Appendix Vill

PUBLIC TASK FORCE
RECOMMENDATIONS

APPENDIX VIII:
PUBLIC TASK FORCE RECOMMENDATIONS

The federal Coastal Zone Management Act provides funding assistance to states with
approved coastal management programs for the purpose of program implementation and
administration. This administrative funding is an annual, non-competitive, formula-driven,
allocation based upon the linear distance of the coastline and the population of the prescribed
coastal area. Georgia's anticipated allocation (subject to Congressional appropriations) is
approximately $950,000 per year. The Coastal Resources Division estimates Georgia Coastal
Management Program implementation costs to be approximately $400,000 annually, leaving a
balance of about $550,000. That balance of annual administrative funding not utilized in
program implementation will be passed through to local governments, educational and research
institutions, and state agencies as competitive "Coastal Incentive Grants." Through these grants,
coastal issues can be defined at the grass-roots level and the Coastal Resources Division can
provide local entities with the financial assistance to research, develop, and implement solutions.

Coastal Incentive Grants available through the Georgia Coastal Management Program are
directed at addressing specific information needs or projects that are local and regional priorities.
Annual themes and funding criteria are developed by the Coastal Advisory Committee. Projects
must fulfill the goals of the Coastal Management Program, and priority is given to projects that
address the public Task Force recommendations presented in this appendix. Many resource
issues, including groundwater concerns, historic resource identification, beach access, and others
can best be solved through education and outreach rather than regulations. Coastal Incentive
Grants provide a mechanism to address these types of local and regional issues, thereby fulfilling
the goals of the Coastal Management Program proactively.

In the Spring of 1994, the Coastal Zone Advisory Committee, the predecessor of the
Coastal Advisory Committee, established Task Forces to consider issues in coastal Georgia and
make recommendations as to how the Coastal Management Program should address those issues.
More than two hundred people from throughout the coastal area volunteered to serve on a Task
Force in one of nine respective issue areas. By June of that year, the Task Forces had developed
a comprehensive list of recommendations that were subsequently adopted by the Advisory
Committee. This appendix presents the Task Force recommendations verbatim, as developed by
the public and as prioritized by the Coastal Zone Advisory Committee. In determining funding
criteria for Coastal Incentive Grants, the Coastal Advisory Committee will fully consider these
recommendations. These recommendations are not policies of the program. The policies of the
Coastal Management Program are found in Chapter Five of the Coastal Management Program
Document, and are comprised solely of the enforceable provisions of Georgia state law as
described in that chapter.

< Appendix VIII - 1 >

Announcements regarding funding priorities will be made ninety days in advance of
application closing dates, applications will be evaluated by staff according to established
selection criteria, and project awards will be made by staff subject to criteria approved by the
Coastal Advisory Committee. The Committee will meet annually to review the selection criteria,
to establish funding priorities, to assist staff with evaluating the grant review and selection
efforts, and to ensue that each step in the award process complies with the Georgia Fair and Open
Grants Act. Activities conducted using grant monies must comply with al relevant state and
federal laws and rules and regulations, and obtain all necessary state and federal authorities.
Technical assistance is available from Coastal Resources Division to determine requirements.

< Appendix VIII -2 >

A. Fish & Wildlife Task Force

*Develop educational materials targeted for our school systems as well as the general public, to educate
them on the importance of wildlife, fisheries and their related habitats.

*Research should be done prior to the addition of any new regulations, with the data having gone
through sufficient peer review.

*Research should be analyzed to determine where we have large gaps in our existing research data on
fisheries and wildlife issues.

* Fisheries management decisions should be based on scientific technical data with input from citizen
advisory committees.

*Improve the transfer of technology and information between the research community and the involved
parties (users). Examples: between various state agencies; between research groups; between research
and industry; and between research and private landholders

*Stable and consistent funding for research, management and law enforcement for game and non-game
programs is essential.

* Georgia DNR should continue to pursue opportunities to purchase areas of critical or unique habitat
and utilize as wildlife management areas.

*Encourage development of a system for resolving tension between the need to manage and regulate
for the common good and the rights of private property owners. For example, compensation, case-by-
case for landowners severely burdened with cost of management or loss of income due to endangered
species on property.

* Recognize importance of corridors for wildlife movement.

* Establish a mechanism to help coordinate these education efforts, involving all parties in the
development of the educational materials.

*Foster cooperation between local, state, interstate and federal jurisdictions dealing with fish and wildlife
enforcement issues.

o Stable, sufficient funding for the coastal fisheries program is essential and especially needed for the
research. Possible sources of funds include: percentage of existing DOT state fuel tax funds (same
percentage as used by boats); saltwater fishing license as additional funding on coastal fisheries program;
and, general fund (increase percentage distributed to DNR)

*The value of critical wildlife, fisheries, and threatened and endangered species habitat should be
recognized as a key to healthy populations.

*In all aspects of fisheries, wildlife, and threatened and endangered species, additional research should
be directed towards gathering data to specific problems, concerns, and opportunities.

*Research should be broad enough to include the biological as well as the socio-economic impacts
F ~~~involved with the issues being studied.

< Appendix VIE -3 >

Continually develop educational materials on the importance of adherence to existing laws relating toI
the introduction on non-native species.
� Revitalization of urban and industrial areas -- stay near the existing infrastructure.

� Develop a long term strategic plan for public access, public facilities, and stock enhancement (reefs,
structure).

* Georgia DNR should develop fisheries management plans that would establish priorities, identify
problems (overfishing, estuarine problems, allocations) and identify research priorities needed to
accomplish the goals of the plans.

*Increase law enforcement manpower and resources for fisheries and wildlife in the coastal zone.
Example: dedicated marine patrol for coastal waters.

*Widely publicize the conviction and associated penalties of violators of fish and wildlife laws.
Alternative penalties (community service, lifetime loss of license for repeat offenders of serious violations,
etc.) should be considered in lieu of small monetary fines.

* Penalties for many fish and wildlife associated violations should be increased as added deterrents.

� Encourage and support a system of incentives or rewards for providing information leading to the arrest
and conviction of violators of fish, wildlife and endangered species laws. Example: DNR's Turn in

* Should encourage private landowners to practice wildlife management to improve the quality of existing
habitat. Example: Encourage prescribe burning as a management tool. (Limit liability exposure when
prescribe burning.) Support the Certified Burner program offered by Georgia Forestry Commission.

*Should recognize non-game as well as game species (vertebrate and invertebrate) as important
components of the wildlife community of all ecosystems.

*Should recognize hunting as an important and necessary wildlife population and habitat management
tool.

* Recognize importance of maintaining bio-diversity in fish and wildlife populations.

* New manufacturing facilities of chemicals harmful to the environment which are banned for use in the
United States should not be allowed to relocate to the coastal zone.
*Should look for and develop alternative solutions when dealing with endangered species on private
lands. Example: Relocate isolated populations of endangered species to public lands with suitable
habitat for that species.

*Recognize that local influences into the jurisdictional system can result in diminished penalties or
convictions.

*Provide incentives for revitalization of urban areas as an alternative to urban sprawl and loss of habitat.

< Appendix VIII -4 >

B. Agriculture & Silviculture Task Force

It shall be the policy of the Georgia Coastal Management Program to provide support for research to
investigate issues of water quality and quantity and the effects on fresh water, ground water, and estuarine
areas. It shall further be the policy of the Georgia Coastal Management Program to support research to
investigate the effects of agricultural and silvicultural chemicals on freshwater, groundwater, and estuarine
waters.

� It shall be the policy of the Georgia Coastal Management Program to support a goal of zero loss of
wetlands and support voluntary restoration efforts.

� It shall be the policy of the Georgia Coastal Management Program to ensure compliance with relative
existing laws and regulations through enhanced enforcement, education, and technical assistance.

� It shall be the policy of the Georgia Coastal Management Program to support programs which
recognize unique and sensitive habitats on private and public lands and encourage responsible uses and
management practices through economic incentives including special tax treatment to maintain diversity
of plants and wildlife habitat in an economically and environmentally sound manner.

� It shall be the policy of the Georgia Coastal Management Program to support 100% compliance to
voluntary Forestry and Agriculture Best Management Practices. CZM will provide educational and
technical assistance to achieve this.

It shall be the policy of the Georgia Coastal Management Program to support programs which
recognize a sensitivity to aesthetics and encourage the judicious use of buffer zones and other
techniques, such as rapid regeneration and replanting, to enhance scenic qualities.

� It shall be the policy of the Georgia Coastal Management Program to ensure that, in areas of
rural/urban interface (transition areas), the establishment of buffers shall be the responsibility of the party
making the land use change.

� It shall be the policy of the Georgia Coastal Management Program to support the continued use of
prescribed fire as an integral tool of agriculture and silviculture practices when conducted in accordance
with state law.

C. Public Service Facilities

� Study downstream impacts prior to further permitting.

*� Industries should be encouraged to further reduce their dependence on the Floridan aquifer.

� Reclamation and reuse of water should be encouraged.

� The Georgia Coastal Management Program provides technical assistance to local governments and
planning agencies.

� The appropriate erosion control measures shall be employed during the crossing of wetland areas.
Revegetation with suitable wetland species shall be required. This regards hydrologic regimes.

� Alignments of new projects shall be designed to utilize existing rights-of-way and topographic features
wherever possible.

< Appendix VIII - 5 >

� For locations immediately adjacent to the shoreline, the water-dependent nature of the structure shall
be demonstrated.

� Research and development studies directed towards improved construction of right-of-ways in order to
create the minimum impact on the environment, scenic value, and maximize pollution control.

� All publicly or privately owned treatment works shall have enforceable industrial pre-treatment programs
to preclude the discharge of toxics to sewage treatment works.

� Alignments of new projects shall be designed to utilize existing rights-of-way and topographic features
wherever possible.

� Visual buffer areas around sewage treatment facilities should be provided.

� Discourage development of sewage infrastructure in excess of population projections.

� Destroyed and removed vegetation shall be replaced with suitable plantings of native vegetation,
consistent with the intended use, to restore as nearly as possible the original appearance, to control
runoff, and to prevent pollution. In the case of service roads as little bare surface as possible shall be
retained to permit the passage of vehicles. Where possible, access by other than authorized vehicles
shall be prevented.

3 Suitable erosion controls shall be installed and maintained in accordance with Georgia's Erosion and
Sedimentation Act.

� There shall be coordination with the Environmental Protection Division to ensure protection of unique or
fragile vegetation, wildlife, and water sources. Existing right-of-ways shall be used where feasible and
where possible in order to limit or prevent further damage.

� Serve as a clearinghouse for new technologies for source reduction, recycling, and disposal.

� The siting of nonwater-dependent structures shall be prohibited over water and/or wetland areas.

� Maintain a directory of points of contact for all federal, state, and local regulatory bodies.

� Development of local plans and regulations that address the location and design of public/quasi-public
buildings are encouraged.

� The design of such right-of-ways shall meet all applicable federal, state, and local construction and
environmental protection standards. Additionally, the design shall cause minimal impact on the
vegetation, scenic value, and wildlife habitat.

� Erosion and sedimentation runoff with subsequent pollution of submerged areas must be prevented. All
applicable standards for dredging and filling shall be adhered to. Additionally, the guidelines below should
be followed.
� Dimensions of excavated ditches for buried cables, pipelines, storm drains, and similar buried
item right-of-ways shall be the minimum required. Permanently open channels shall not be used.
� Construction of such facilities, water supply lines, in or adjacent to freshwater wetlands shall be
prohibited unless no feasible alternatives exist. Construction activities should be timed so as not
to disrupt fishery spawning seasons or migratory fish populations.

< Appendix VIII - 6 >

*Water supply facilities and transmission systems in the coastal zone shall meet applicable federal,
state, and local construction and drinking water standards. The Georgia Environmental Protection
Division is the focal point for permitting withdrawals from the aquifers and/or surface water in the region.
The federal Clean Water Act shall be complied with for effluent discharges.

*The Environmental Protection Division and the U.S. Geological Survey have the ability to decide
whether or not further withdrawals should be permitted. The federal Safe Drinking Water Act must be
complied with for drinking water monitoring and standards.

*Dredging and filling for water supply projects in wetland areas shall be undertaken only if that activity is
water-dependent and there are no feasible alternatives.

Within the jurisdiction of the Coastal Marshlands Protection Act, excavation activities for the installation
of pipelines and transmission lines should be designed to minimize adverse environmental impacts.

* Creation of permanent open water canals to install pipelines shall be denied.

* Bridges and roadways traversing wetland or water areas should consider inclusion of pipelines to avoid
additional impacts to these areas.

*Educate local governmental units and industries on existing solid waste regulations (e.g., Coastal
Georgia Regional Development Center -- Regional Solid Waste Plan).

* Review federal, state, and local laws for overlapping or conflicting rules. Distribute results for all
regulatory groups.

* Maintain a directory of points of contacts for all federal, state, and local regulatory groups.

a Sewage treatment facilities and transmission systems in the coastal zone shall meet applicable federal,
state, and local construction and water quality standards.

*The Coastal Management Program will coordinate with the Environmental Protection Division and other
* ~~~agencies with responsibility for implementing comprehensive plans affecting sewage treatment to ensure
that proposed projects are compatible with growth and development plans and that alternative locations
for sewage treatment facilities are considered.

* Construction of such facilities in freshwater or saltwater wetlands should not be approved by state
agencies where feasible alternatives exist. For locations adjacent to such sensitive habitats, priority
considerations will be given to major facilities over small plants.

*Construction of facilities shall be consistent with local, state, and federal regulations in regard to water
quality.

*Outfall locations shall consider water depth, circulation, and mixing in order to protect water quality.
Effluent shall not be discharged or flushed into wetland areas unless the wetlands are specifically
* ~~~designed for such purposes.

*Maximum study and analysis shall be given to no discharges and/or tertiary treatment alternatives to
conventional treatment methods; for example, land disposal, water conservation techniques, land
application, wetlands creation, and overland flow.

< Appendix VIII -7 >

*The Coastal Management Program will ensure that plans for all proposed septic systems requiring a
state permit will meet current Environmental Protection Division standards and regulations. Septic
systems can degrade both underground and surface water. These shall only be installed after a study and
analysis of the soil conditions has been conducted by qualified public health and technical personnel.

*The Coastal Management Program will also coordinate with local health departments, the
Environmental Protection Division, and other implementing agencies to ensure that septic systems
standards and regulatory enforcement are adequate to protect coastal resources.

* Applications for the construction of unlined lagoons or impoundments for water treatment facilities, and
similar activities shall be denied by applicable authorities, where adverse effects on protected wetlands or
tidelands will result or where aquifers may be harmed. Lagoons and impoundments shall have a
monitoring system to check on leakage.
* Waste treatment facilities shall be designed in such a manner that no effluent will be discharged into
areas adjacent to or approved for shellfish harvesting.

*Construction of facilities shall be consistent with local, state, and federal regulations in regards to water4
quality.4

a Excavation activities within the jurisdiction of the Coastal Marshlands Protection Act and/or the Shore
Protection Act are sometimes required for the installation of sewage lines. These installations shall be
designed to minimize adverse environmental impacts. In addition to standards for dredging and filling, the
following standards are required.
� Creation of permanent open water canals to install pipelines shall be prohibited.
� Wherever feasible all excavation in wetland areas shall be backfilled with the excavated
material after installation of the appropriate structure, while maintaining the original marsh
elevation.
a The appropriate erosion control measures shall be employed during the crossing of wetland
areas. Destroyed and removed vegetation shall be replaced with suitable plantings of native
vegetation, consistent with the intended use, to restore as nearly as possible the original
appearance.
*Discharges across public beaches shall be prohibited.

*Speculative excess capacity in treatment facilities should not be approved unless the projects meet
population projections for the area.

a Permnanent alterations to freshwater wetlands, from either dredging orfilling for the construction of
public buildings shall be prohibited unless no feasible alternatives exist or there is an overriding public
interest or need, and must comply with federal wetlands regulations.

e Construction methods and site drainage plans which reduce erosion hazards and limit the direct
discharge of storm water run-off shall be utilized to protect coastal water quality. To the extent feasible,
public buildings should not be located in high flood zone areas, as designated under the National Flood
Insurance Program.

*Plans for major public buildings or complexes shall include adequate sewage disposal capacity meeting
federal Environmental Protection Agency, Georgia Environmental Protection Division, and local health
department standards.

*The siting of buildings within eroding dune fields or on beaches shall be prohibited.

< Appendix VIII- 8 >

.All such development should conform to applicable local and/or regional plans and zoning
requirements.

*Educate local governments and private industries on the existing dam and reservoir regulations. To
include low flow dams.

*Appropriate sections of the Coastal Marshlands Protection Act, Shore Protection Act, Safe Dams Act,
and Scenic Rivers Act should be applied.
k ~~~* Pipelines traversing beaches shall be prohibited.

* Dimensions of excavated canals for cables and pipelines shall be minimal.

* Monitor Environmental Protection Agency, Environmental Protection Division, Police and Code
Enforcement records for current legal and illegal waste handling practices. Serve as an information
clearinghouse for existing data.

* Dimensions of excavated canals for cables and pipelines shall be minimal.
* Review federal, state, and local regulations for overlapping or conflicting rules. Notify all regulatory
groups of the findings.

D. Marine Related Facilities

*Recreational docks and piers shall not be permitted on lots with less than 1 00 linear feet of waterfront
property. Community docks or individual recreational docks and piers shared by adjacent landowners are
encouraged. Consider: (1) carrying capacity; and (2) master plan for docks in new development.
* Provision of dry storage facilities, where possible.

* Marinas and community docks shall avoid or minimize disruption of currents. Dead-end or deep canals
without adequate circulation or tidal flushing will not be permitted, unless it can be determined that water
quality will not be designed to prevent long-term degradation of water quality.

*The Georgia Ports Authority should not have jurisdiction over private projects; perhaps DNR holds
jurisdiction.

* Provision of loading/unloading docks on new public boat ramps, where construction is feasible.

* Boat ramp locations that require dredging of wetlands to provide channel access to deep water will be
I ~ ~~prohibited.
*The following priorities will be considered when justifying boat ramp location in sensitive areas: (i)
public use -- open to all citizens; (ii) restricted use -- open to citizens of a particular area or organization
only; and (iii) private use -- use for one citizen or family.

* Recreational docks and piers shall be constructed in a manner that does not restrict waterf low.

* In review and certification of marinas and community dock permit applications, the extent of public
demand for the facilities, as demonstrated by the applicant, will be considered.

< Appendix VIII -9 >

*Construction of marinas or community docks within 1,000 feet of approved or restricted shellfish
harvesting areas shall be prohibited.

� Excavation of boat basins in marshlands shall be prohibited.

� Marinas and community docks shall be located in areas where the least amount of initial and
maintenance dredging will be required. No project will be certified if initial and maintenance dredging will
result in dissolved oxygen or turbidity levels not in compliance with the Georgia Erosion and Sedimentation
Act or current Corps of Engineers dredging guidelines. Applications for marinas and community docks
shall include maintenance dredging and schedules and dredged material disposal sites when applicable.
*Excavation of boat basins in upland areas shall be permitted provided other criteria in this section and
all applicable local, state, and federal specifications and requirements are met. An upland boat basin is
defined as a facility built at greater than 5'6" above mean sea level, with positive natural flushing or a look
system. Depth of the basin cannot exceed the depth of the adjoining water body. Canal width shall be no
greater than the minimum required for boat ingress and egress. Canal length shall be as short as
possible, based on site-specific parameters. Facilities will not be allowed on access canals.4

* Provision of adequate parking facilities and transportation access from the landward side.

� Construction of joint use or community piers rather than individual structures.

* Recreational docks and piers shall not impede navigation or restrict reasonable public use of the
waters.

* Siting of public use boat ramps in easily accessible areas, such as bridged and dead-end causeways.

* Provision of telephones accessible to Emergency 91ii.

* Marinas and community docks shall be located in areas that will have the least potential adverse impact
on wetlands and water quality as stated in Section 404 of the federal Clean Water Act and following
sequencing requirements as described in the Corps of Engineers 404(b)(1) guidelines.

*Marinas and community dock designs shall minimize the need for excavation and filling of shoreline
areas and salt marsh as stated in Section 404 of the Clean Water Act and following sequencing
requirements as described in the Corps of Engineers 404(b)(1) guidelines.

*Marinas and community docks shall be located in areas that will have the least potential adverse impact
on federal and state listed species and migratory birds, as stated in the federal Endangered Species Act,
the Georgia Endangered Species Act, and the federal Migratory Bird Treaty Act. U.S. Fish and Wildlife
Service and Corps of Engineers Standard Manatee Conditions for construction activities and manateeI
awareness will apply to all new marinas and community docks.
*Marinas and community docks shall be prohibited in the jurisdictions of the Shore Protection Act in
those areas on the Atlantic Ocean.I
* Buildings associated with marinas and community docks shall not be constructed within the wetland
setback required by county ordinance and/or state law, whichever is wider.

< Appendix vmH -10O>

*New marinas shall provide facilities for proper handling and disposal of fuel, lubricants and other
petroleum products; wastes from cleaning, painting, maintenance, and repair operations; and sewage,
litter, waste, storm water and wash water runoff, in accordance to all applicable local, state, and federal
specifications and requirements. New community docks with launch and haul-out facilities must provide
facilities for proper handling and disposal of storm water and wash water runoff. Boat maintenance areas
in new marinas and community docks shall be designed so that all bottom scraping and painting is
conducted over dry land with proper control and deposition of residues, spills, and storm water runoff.

*New marinas shall provide pump-out facilities and trash receptacles. New community docks must
provide trash receptacles. All pump-out and sewage facilities shall be included in the public notice and
certified by the Environmental Protection Division or appropriate authority before permit approval. Proper
trash receptacles or similar facilities should be plentiful and convenient for proper disposal of trash, waste,
and noxious materials such as paints, rags, and oil cans required for normal boat maintenance and repair.

*Marinas and community docks with fueling facilities shall have an approved contingency plan for spills
of petroleum projects, as required by the Corps of Engineers and the Coast Guard.

* Before any state-issued permit, license, or lease shall be renewed, marinas and community docks
existing at the time of approval of the Georgia Coastal Management Program must not be in violation of
any applicable local, state, or federal law, policy, specification, or requirement.

*Provision of upland facilities at new marinas that are compatible with and enhance recreational boating
opportunities (such as bathrooms, showers, laundry facilities, and telephone accessible to Emergency
91 1).

* Provision and maintenance of recycling containers.

* Georgia tax incentives and technical assistance will be provided for recreational docks and piers that
are constructed using less toxic alternatives to new CCA-treated wood, including plastic lumber, untreated
wood, salvaged dock materials, and concrete.

*The size and extension of a recreational dock or pier shall be limited to that reasonable for the intended
use. To preclude shading of marsh vegetation, decks shall not be located over vegetated marsh and
walkways to the dock or pier that are built over vegetated marsh shall not exceed six feet in width and
shall be elevated at least three feet above mean high water. Docks that extend more than 1,000 feet from
the top of the bank shall not be permitted.

*Construction of recreational docks and piers within 1,000 feet of approved or restricted shellfish
harvesting areas shall be prohibited.

*Projects shall include facilities for proper handling of litter, waste, and refuse, where applicable. No
disposal of petroleum products will be permitted at private recreational docks and piers.

*Recreational docks and piers are prohibited in areas subject to the jurisdiction of the Shore Protection
Act.

o Use of easily maintained and repaired construction materials.

* Provision of dry storage facilities, where possible.

< Appendix VmR - I I>

� Fill of productive salt, brackish, or freshwater wetlands for boat ramp construction will be prohibited
unless no feasible alternatives exist in adjacent non-wetland areas. Boat ramp designs shall minimize the
need for excavation and filling of shoreline areas and salt marsh as stated in Section 404 of the federal
Clean Water Act and following sequencing requirements as described in the U.S. Army Corps of
Engineers 404(b)(1) guidelines.

� Boat ramps shall be constructed of environmentally acceptable materials, such as concrete or oyster
shell. Environmentally unacceptable materials include, but are not limited to, roofing shingles, asphalt,
and old tires.

* Construction of boat ramps within 1,000 feet of approved or restricted shellfish harvesting areas shall
be prohibited.

* Provision of adequate parking facilities and transportation access from the landward side.

* Provision and maintenance of trash receptacles and recycling containers.

* Incorporation of public boat ramps with other public boating facilities to improve recreational
opportunities.

* Construction and maintenance of new public docks to minimize damage to vehicles, boats, and trailers
during loading and unloading.

� A study should be conducted to evaluate the impact of wash water runoff (soap and water washing or
rinsing after boat pulled out of water) on wetland resources.

E. Transportation Task Force

* Maximize reuse/beneficial use of materials (active/passive) through improved interagency coordination.

* It should be recognized that harbor maintenance has impacts on sand-sharing system.

* Explore county-to-county consistency in implementation of standards.

* Balance access and impacts on resources such as barrier islands.

* Provide for multiagency (all) acceptance of an existing standard application for permits.

* Quality assurance process for environmental studies.

* Dredging of commercial/industrial berthing areas must be conducted in accordance with existing water
quality standards for the appropriate river classification, in light of new technologies and research finding.

� Require peer review of scientific data for developing, establishing or revising policies/regulations.
Require development of peer review process prior to initiation of specific study.

� Issue CZM "updates", i.e., newsletter, on proposed/ongoing studies. Available to the general public.

< Appendix vmH - 12 >

*Maximize uses of current industrial/commercial areas prior to developing outside existing
industrial/commercial areas.

* Consolidate wetland crossings to a single point wherever possible.

* Infrastructure and access on publicly held lands must be compatible with the purpose for which these
lands were established.

* Encourage public acquisition of privately held islands.

* Encourage and facilitate general consistency determinations for agency O&M operation and
maintenance activities, e.g., dike repair, water control, dredging, disking, prescribed burns, HAZIVAT
transfer/transport.

o Recognize ports/harbors as an economic resource that should be kept economically viable.

L ~~~* Areas of special consideration within the coastal zone (e.g., national/state parks or wildlife refuges,
public lands) should be restricted from incompatible uses such as jet skis, billboards, or other degrading
factors. Use should not ruin the special consideration of the area.

*Make available informal preplanning guidelines for all permittees, agencies, and potential mitigation
landowners.

*Develop/implement educational program to foster awareness of CZM-related requirements for permits,
etc.

* Maximize life of existing disposal areas.

* Establish and maintain efficient intermodal links.
* Establish program to encourage responsible disposal of abandoned vehicles/vessels. When such
efforts fail, levy appropriate penalties to the offender.

*All man-made structures within the coastal zone will be designed to utilize best management practices
(BMPs) for controlling non-point source discharges.

*Assure facilities designed, built, and operated within the coastal zone adhere to BMPs for transfer of oil
and hazardous materials.

* Enforce laws and regulations concerning dumping along transportation corridors (roadways, rivers,
streams, railroads, pipelines).

*Ensure compliance with existing test requirements. Implies good tests now, some tests unnecessary.
New technology demands flexibility in requirement/testing.

*Retain current easements for future use where possible. Government will acquire and retain land often
for uncertain reasons.

< Appendix VIII -13 >

F. Areas of Special Concern Task Force

o Discourage additional development on barrier islands without causeway access (e.g., no state tax
benefits, no state grants or loans in support of such development, and state compliance with federal
Coastal Barrier Island Improvement Act for state-owned barrier islands, or portions thereof).

*Encourage use of land in areas most suitable for such uses; discourage development of areas not
within existing public service areas. (Use city, county, and state tax incentives, location or public facilities
and services, acquisition and maintenance of conservation easements, and zoning, subdivision
regulations, performance standards, and other local land use management controls.)

*Conduct geological studies of the system-wide effects of beach, dune, and inlet dynamics on all
developed barrier islands (Tybee, Saint Simons, Sea Island, Jekyll). Incorporate already existing studies
such as the Corps of Engineers study of Jekyll, Saint Simons, Sea Island, and Little Saint Simons Islands.

*Develop and implement public education and training programs to enhance understanding about
special areas and their importance.

* Require water management plans to be developed and implemented by local governments; develop
new regional plans.

* Water conservation measures need to be enacted and enforced now -- residential, commercial, and
industrial. Encourage innovative measures to decrease amount of water used. (Such as: treated
wastewater on golf courses and lawns instead of using aquifer drinking water, etc.) Require water
conservation in individual homes, commercial, and industry -- ALL water users. Encourage low-use
plumbing codes and ordinances changes.

*To hammocks larger than two acres that are accessible by motor vehicle apply the following provisions.
*1 Hammocks larger than two acres that are accessible either by existing causeways or on existing
navigable creek or channel may be developed provided that a setback buffer (25 feet) of natural
vegetation be preserved on the borders of the hammocks facing waterways and marshes, except
under special appeal. This setback is consistent with the Erosion and Sedimentation Act and is
subject to alteration if justified by further study. Construction within the buffer should be
discouraged but may be allowed under a special appeals process.
a Consistently analyze the resource impacts of development on hammocks through local
evaluation studies paid for by CZM program funds. Subsequently utilize findings of such studies
in stipulating conditions applied to development and use of property under the authority of state
and local government.4
* Encourage use of land in areas most suitable for such uses; discourage development of areas
not within existing public service areas. (Use city, county, and state tax incentives, location of
public facilities and services, acquisition, and maintenance of conservation easements, and
zoning, subdivision regulations, performance standards, and other local land use management
controls.)
* Maintain the scale and visual character of hammocks by developing and implementing locally
enforced standards and local government policies to ensure the following.
--Adequate protection of native vegetation and wildlife.
--Control of building size, height, and density.
-Limitations on impervious surfaces (paving and buildings).

< Appendix vmH -14 >

-- Adequate capacity, appropriate location, and design of public service systems, including
water and sewer, drainage, roads, and lighting, signage, recreation facilities/areas, and
provision of open space and publicly accessible natural areas.
Any hammock of any size that is isolated, either because it is surrounded by marsh or
accessible at mean high water only by a tidal creek impassable by boats larger than 14 feet
should be left in its natural state. Engineering modifications to provide access to hammocks
should be discouraged.

� Hammocks of two acres or less should be left in natural condition.

� Strict consistent and prompt enforcement of all existing laws and regulations regarding aquifer
protection, management, and monitoring.

� Provide CZM-funded technical support in determining the areas and activities most suitable for
sustainable economic development throughout coastal Georgia.

� Discourage development on hammocks larger than two acres without motor vehicle access (e.g., no
state tax benefits, no state or local grants or loans in support of such development).

� Research existing studies and programs to compile a list of description of all areas in coastal Georgia
that are environmentally unique or vulnerable.

� Use funding from CZM in combination with other state and federal sources to secure additional public
access areas to coastal waters, as determined by access studies.

Monitor effects of silviculture and agriculture practices for impact on freshwater wetlands and for
compliance with "Best Management Practices for Forested Wetlands in Georgia" (Published by Georgia
Forestry Association -- Wetlands Committee, July 1990).

� Update/upgrade identification of and protect aquifer recharge areas for both the Floridan and the
Miocene aquifers. Use CZM funds to support local governments in their efforts to implement protective
measures addressed in their comprehensive plans.

� Seek and implement alternative sources for secondary uses of water by industry, golf courses, lawn
care, etc.

� Ensure that all industrial effluent meets or exceed existing water quality standards.

� All future wastewater treatment plants that are sited on rivers or drain into a river system (watershed)
will provide, as a minimum, [tertiary] treatment of the effluent -- sewage treatment for removal of nutrients.

� Due to sediment flow restrictions and water quantity/quality problems created by dams, no new dams
shall be built on rivers in Georgia below those already in place. This applies to rivers with a flow rate of
400 cubic feet per second or greater. Investigate downriver effects of any proposed alteration of Georgia
rivers (such as channelization, discharge, dredging, and operation of dams). Based on these findings,
propose further controls in the public interest. No more big dams in the state.

Identify, manage, and protect areas of special concern along our rivers such as unique plant
communities and other areas of ecological significance, consistent with the general policies. Encourage
sustainable yield practices.

< Appendix VIII - 15 >

* Use CZM funding to support local governments in developing and implementing land use and zoning
policies that address the specific needs of our riverine systems, consistent with requirements of the
Mountain and River Corridor Protection Act. Use as baseline the "Recommended River Corridor
Protection" developed by the Coastal Georgia Regional Development Center. Use landsat and other
"state-of-the-art" technology to delineate these areas.

* Identify, cap, and monitor abandoned wells, especially on or near hazardous waste sites and military
facilities, to avoid contamination. Federal standards need to be met or exceeded.

* Review all applications for permits to the U.S. Army Corps of Engineers for Section 404 activity.

* Identify management concerns for sites. Examples include impacts from recreational use, deposition
of dredge spoil, and any other activity which might adversely impact shorebird nesting.

* Use state tax incentives for environmentally sensitive areas.

* Public access to publicly- and privately-owned barrier islands and other publicly-owned lands should be
managed so as to reduce conflicts with the functions of such areas to ensure compliance with
management plans.

* Minimize length of docks with criteria to include: aesthetics; navigation; environmental; safety.

* Planning efforts in the coastal zone should be incorporated into large area development (malls,
highways, industrial parks, etc.) to keep deforestation to a minimum. Existing large trees should be kept
and trees planted where possible.

* Prohibit dredging or excavation of any new shipping channels from the Atlantic Ocean to inland waters.
Examples of areas protected by this policy include the Altamaha, Ogeechee, and Satilla rivers, and
sounds that are not currently being dredged.

� Review proposals for deepening or extending existing channels in terms of impacts on erosion,
freshwater and saltwater habitat, wildlife refuges, water quality, and other measures of environmental
stability.

� 25-foot vegetative buffer adjacent to marshes should be maintained as required under the Erosion and
Sedimentation Act.

* All development adjacent to marshlands will apply a 25-foot buffer of natural vegetation.

* Yearly survey of potential shorebird nesting sites on public and private lands to determine nesting
activity and the need for protection. This could be coordinated by the Department of Natural Resources
and/or the U.S. Fish and Wildlife Service, and utilize volunteers, seasonal sea turtle interns, and agency
personnel.

* Open space standards should be provided/established for each coastal county to be enforced through
the planning and zoning process established by respective communities or municipalities.

� Provide and distribute information about the location and features of public access facilities as a means
for ensuring their maximum benefit to both resident and tourists.

� Encourage research to determine best construction designs and materials to use in dock construction,
especially in the area of fuel storage and handling over or adjacent to coastal waters.

< Appendix VIm - 16 >

*Based on findings of this evaluation, establish a coastal resources public access program, including
priorities and funding recommendations for easement acquisition and maintenance and for facility
construction, improvement, and maintenance.

*In an effort to reduce the amount of time required to assess sites of potential significance, form a
citizen review committee of qualified individuals. They will initiate action upon notification by the State
Historic and Preservation office to research and evaluate property proposed for development or as
requested.

*The state shall identify and map areas of archaeological interest within the coastal zone by interviewing
professional and non-professional archaeologist and combine with existing information. Archaeological
field surveys should be undertaken on these sites on a priority basis by the state with the assistance of a
citizens advisory committee. (Utilize universities and colleges to take on investigation and research of this
program. Adequate supervision will be required.)

*Initiate studies of various resource systems and areas to determine carrying capacity/sustainable use
conditions, to ensure adequate biodiversity, and adopt management plans that include controls and
incentive measures to ensure compliance with findings of these studies. Encourage private financial
participation in such studies for large development projects.

*Devise management plans for all areas of special concern, including those that are privately owned,
integrating such plans into the local comprehensive planning process to the maximum extent possible.

*Establish monitoring programs to be used on a continuing basis to determine the existing condition and
use of special areas.

* Consistently analyze the resource impacts of development on barrier islands through local evaluation
studies paid for by CZM program funds. Subsequently utilize findings of such studies in stipulating
conditions applied to development and use of property under the authority of state and local governments.
* Maintain the scale and visual character of barrier islands by developing and implementing locally
enforced standards and local government policies to ensure the following.
* Adequate protection of native vegetation and wildlife;
- Control of building size, height, and density;
* Limitations on width of roads and streets; and,
I ~ ~~~~* Limitations on impervious surfaces (paving and buildings).
*Consistently analyze the resource impacts of development on barrier islands through local evaluation
studies paid for by CZM program funds. Subsequently utilize findings of such studies in stipulating
conditions applied to development and use of property under the authority of state and local governments.

* Research and set a percentage to reduce aquifer water use by industry and communities by the year
2000.

* Develop and enforce a program for long-term management of the sand-sharing system based on these
studies. Management program should include cost/benefit analysis of its implementation and detailed
h ~~~analysis of financing and pay-back for recommended projects. Make a cost analysis of the pay-back to
the public, including tourism, and recreational benefits for the publicly-funded portions of all future
projects.

< Appendix VUI -17 >

*Based on these studies, determine relationship between channel maintenance and sand-sharing
system, and recommend related policies and procedures for protecting shorelines from erosion. When
dredging shipping lands, opening sand-clogged inlets, or in other ways artificially taking sediment out of
the natural system, the sediment should be placed in favorable down-draft positions so as to re-enter the
littoral stream. No new shipping channels should be developed on the Georgia coast.

* If and when beach renourishment projects are used as part of the sand-sharing system management
program, ensure that the material used exceeds minimum standards of quality, as measured in chemical
composition and physical characteristics, consistent with applicable state and federal water quality
standards. Use dredge material whenever it is available, provided that it meets or exceeds these
standards.

* Avoid using engineered structures, or other beach modifications, that prevent full function of the sand-
sharing system in adjacent areas, or which degrade physical, biological, or chemical effects or functions,
or the appearance or recreational use of the shoreline.

*Establish cooperative partnerships between regional and local organizations, for the purpose of
developing and applying the leadership needed to ensure properly balanced and successful economic
development.

* Through assistance from the Georgia Coastal Management Program, encourage counties lacking
state-recognized Erosion and Sedimentation Control Ordinances to adopt and implement them to obtain
state certification under the Erosion and Sedimentation Act. The Coastal Management Program should
sign-off before issuance of permit.

* All storm sewer discharge will be removed from sewage treatment systems and treated, as needed,
through a separate system.

9 Potential sites for landfill and/or dredged materials disposal which encompass significant historic,
cultural, or archaeological areas shall not be approved.

� Include vertebrate Paleolithic remains dating to the late Pleistocene (20,000 BC).

� Basic survey information of unsurveyed and partially surveyed counties should be completed by the
state so that consistent, reliable, and up-to-date field survey information is available to make informed
decisions regarding historic properties within the coastal zone. Analysis and synthesis of survey data on a
county by county and regional basis should be undertaken to augment the development of historic
contexts by providing solid information on historic properties.

9 Develop and implement financial techniques, tax incentives, and state and local protection ordinances
to protect archaeological sites within the coastal zone that have been identified. Tax incentives should be
afforded developers who plan construction and development which takes into account historic, cultural, or
archaeological areas within the proposed development area, as approved by the State Historic
Preservation Office.

* Develop criteria and procedures to ensure that sites for development which encroach upon historic,
cultural, or archaeological sites on ALL property will not be approved without actions being taken to ensure
adequate mapping and exploration or avoidance of said areas. This will require elimination of certainI
existing public exemptions. (Possibly use as a guide Hilton Head and Jasper County, South Carolina
archaeological resource preservation ordinance.) Adequate tax incentives are provided the developer to
meet or exceed the cost of such mapping and exploration.

< Appendix VM -18 >4

*Nontitled land within the coastal zone which includes historic, cultural, or archaeological sites should be
deemed state property so that they may be adequately protected from harm.

*Take advantage of existing corridors (canals, parkways, etc.) to provide space for recreational,
aesthetic, or wildlife benefits.

* Inventory and evaluate the adequacy of public access locations and facilities throughout coastal
Georgia.

*Establish a monitoring program to periodically re-evaluate the adequacy and use of coastal public
access areas and facilities.

* Where a residential community is sited, a community dock should be built instead of individual docks.

* Docks should be permitted with consideration for impacts to the marsh, shellfish, and water flow.

o Docks should be constructed of materials that are the least harmful to the environment (pollution,
chemicals, etc.)

*Coastal habitats are numerous and varied, each with its unique value. The public should be allowed
access to representative areas for enjoyment, relaxation, and education.

*Coastal counties should be inventoried to identify areas that could be purchased or preserved for open
space.

* Additional open land corridors should be provided for alternative forms of transportation, i.e., bicycling.

* Determine need for additional research required to identify such areas, including technical criteria to be
used.

*Promote state and non-profit acquisition and management of highest priority areas (refer to Heritage
Trust and Preservation 2000 Programs, but other areas may be added).

*Install signage as needed in critical areas to inform the public about restrictions on activities (by season
and activity), consistent with special area management plans.

*Establish fund and long-term program of implementation for property acquisition or purchase of all or
partial development rights and/or conservation easements from private landowners.

*Investigate the feasibility of providing additional incentives for contribution of property or development
rights by private landowners to public agencies (state or local government or non-profit corporations).

*Adequate capacity, appropriate location, and design of public service systems, including water and
sewer, drainage, roads, lighting, signage, recreation facilities/areas, and provision of open space and
publicly accessible natural areas.
* Require a copy of all U.S. Army Corps of Engineers letters certifying Section 404 Wetland Delineation
and surveys within the Georgia coastal zone be sent to the Georgia Coastal Management Program.

*Certify proposed U.S. Army Corps of Engineers Permits that comply with federal guidelines.

< Appendix VIII- 19 >

� Analyze feasibility of Mitigation Banking for Freshwater Wetlands.

� Use the findings of such studies to support local land use decisions, investment in capital
improvements, promotion of business and industry, and other actions related to economic development.

� Use CZM-funded staff to help local governments develop and implement strategic economic
development programs, consistent with the above policies, to achieve more complementary relationships
between economic development and resource management.

� Ensure the state investments and permitting activities are consistent with the above policies, in an effort
to achieve better coordination between local and state economic development programs, while promoting
predictable and sustainable use of resources.

� Provide incentives for developers to encourage use of management plans meeting or exceeding criteria
to be established by the local governments in cooperation with the state.

� Encourage, promote, and monitor the use of Agricultural and Silvicultural Recommended Best
Management Practices.

� Monitor and increase quality (where justified) of rivers to comply with the Georgia Water Quality Control
Act. Investigate the river and water classification procedures and their application to coastal rivers and
based on this research upgrade the classification to reflect the actual quality of the water.

� Initiatives should be taken to upgrade existing sewage treatment facilities that are sited on river
systems in order to conform with these policies.

� Establish legal mechanism to seasonally protect sites from activities which might have negative
impacts on shorebird nesting.

- Provisions in tax laws to protect culturally unique communities from rising property taxes where the
community retains right-of-first-refusal when culturally unique areas are for sale.

Use the CZM program to help create jobs with upward mobility and long-term stability for regional
residents, especially for the unemployed or underemployed, with an emphasis on enterprises based on
sustainable use of resources.

� Private islands should be protected against trespassing (above high water line).

� Public access for other reasons should be avoided within 2,000 feet of historic sites (on the National
Register of Historic Places), national wildlife refuges, state management areas, and other environmentally-
sensitive areas. Within this zone, nationwide/county permits would not apply, and formal permitting
process would be required.

G. Manufacturing Task Force

� Potential and rate of growth outside the coastal zone should be recognized (i.e., downstream effects,
and watershed impacts as groundwater use).

� The use of groundwater should be controlled to ensure the withdrawal rate is not greater than the
recharge rate.

< Appendix VM III- 20 >

* Landowners should be compensated for loss of use due to environmental regulation.

a Develop adequate means for resolving potentially competing concerns of various jurisdictions.

* Ground regulations in sound science -- provide funds for literature and field studies.

* Existing industrial users should be encouraged to reduce the use of groundwater through recycling or
location of alternative sources.

* Growth of environmentally compatible industries should be encouraged.

o Uniform application of regulations is necessary.

* Surface water should be the primary source of water for most new industrial uses.

* Some consideration should be given to the priority of use of groundwater with respect to need and cost.

a Industry needs to know in advance what new regulations are likely to be imposed for realistic
implementation time frame.

*Development of environmental standards for existing industry should include consideration of economic
needs of a community as a factor.

*Current industrial users of water should be encouraged to utilize surface water where it is economically
feasible to do so.

* There must be in place a scientific procedure to locate and identify those parameters of water quality
which are real concerns to the resources of the area. Industry should then make the necessary changes.

� Current regulations of wetlands are strong enough to control the industrial impact on wetland areas.

� The ability to evaluate the effects of smaller and smaller levels of air emissions combined with new
regulations under development will address many concerns.

* Dedicate funds to a survey of unexplored subject areas and their biological significance to the coastal
region.

a CZM should act as a "clearing house" for permitting processes (without eroding DNR's "one-stop
permitting" or adding layers of regulation or permit review).

* Incentives should be provided to encourage existing facilities to upgrade to current environmental
standards.

a Existing regulations should be enforced.

* Storm water runoff regulations should only reflect existing controls which will prevent adverse impacts
from industrial sites.

< Appendix VIII -21 >

H. Residential, Commercial, and Industrial Development Task Force

� Design, implement, and enforce a master drainage plan at the county, regional, and watershed level.
a. Facilitate retention and reuse of runoff water for irrigation, etc.
b. Consider tree ordinances.

* Seek the establishment of a "green belt" or a continuous natural landscaped buffer between
development and the marshes, salt water, or major fresh water rivers.
a. Consider establishing scenic corridor zoning.
b. Consider tree and lighting ordinances.

*Do not let standards slide and preserve "fishing" grade water quality standards for all coastal rivers in
the short term, and move toward "recreational" standards; with Georgia Environmental Protection Division
and U.S. Environmental Protection Agency established timetables.

9 Implement a large-scale study to determine, track, and continuously model sustainable use of coastal
aquifers.
a. Bring all large-scale users into the model, including agricultural users.
b. Identify potential users of non-aquifer and non-potable water supplies.
C. Relate study to comprehensive growth management plans.
d. Identify interstate issues and potential solutions.
e. Identify and plan ahead for alternative water sources, costs, and implementation
schedules.
f. Minimize delays and encourage implementation.
g. Recommend an effective implementation and regulatory strategy and mechanism, such
as a state or regional water commission.

* Design surfaces to facilitate absorption by local soils and wetlands.
a. Use trees and grass islands in parking lots.
b. Design drainage to slow and divert flow. Consider alternatives to curbs and gutters, such
as drainage ditches.
C. Reduce and control slopes.
d. Protect tree cover.

� DNR accelerate the development of artificial reefs.

� Conduct studies to determine reasonable limits and capacity for development in coastal region.
Develop incentives and controls to apply the findings of the studies. Provide an opportunity for public input
before implementing any findings from the studies.

*The use of the Floridan aquifer should be prioritized for drinking (domestic) consumption. All new
development must provide for its water supply in accordance with a comprehensive regional water use
and allocation plan.
a. Relate implementation to factual data from the study.
b. Give priority to development in areas with available capacity.
C. Discourage development in areas with insufficient capacity.

* Fully fund and staff wetlands delineation, permitting, and enforcement programs.

� Minimize the construction of impervious surfaces.
a. Use grass lawns for overflow parking.
b. Lay out compact car spaces in parking lots.

< Appendix VIII - 22 >

c. Use permeable parking surfaces (such as "popcorn asphalt").
d. Manage growth.
e. Require subdivision drainage plans and review existing subdivision drainage engineering
requirements.

� Promote quality, affordable housing with performance standards.
a. Discourage mobile homes.
b. Avoid 100-year floodplains.
c. Consider public transportation accessibility in site selection.
d. Encourage the use of existing infrastructure.

� Environmental Protection Division reduce permitted toxic discharge (per NPDES permits) in all areas
draining into fisheries and prohibit additional toxic discharge from new development.

� Conduct a cost/benefit analysis of proposed actions including internal, external, and quality of life
considerations.

� Prohibit the construction of all new revetments on the coast of Georgia.

� Conduct a review of the existing regulatory structure.

* Respect individual property rights -- but not preeminent to the needs of the community.

� Conduct regional studies to determine the specific protective measures for different wetland types and
areas.
a. Study the appropriate sizes of buffers between development and wetlands or rivers.
b. Use the study to determine allowable variances and subdivision guidelines.
c. Identify wetlands possibly requiring government acquisition for protection.
d. Determine appropriate grandfathering practices and policies for existing development.
e. Determine adequate funding and staffing for wetlands delineation, permitting, and
enforcement.

Encourage the study and development of alternative energy sources in the coastal zone.
a. Prohibit the development or expansion of "Waste-to-Energy" municipal garbage
incinerators.
b. Investigate the utilization of wood debris, and other forms of biomass, as an energy
source.
c. Investigate the utilization of wave energy and other aquatic-based sources of energy.
d. Solar, wind, and other "clean" alternatives should also be investigated.

� Discourage the establishment of fission nuclear power plants in coastal Georgia.

� Discourage the use of energy-efficient materials, methods, and equipment in all new construction
through the use of county building codes and other means.

� Avoid and reduce the disturbance of soils and ground cover at construction sites.

� Encourage the use of non-polluting alternatives to substances contained in runoff waters.
a. Consider alternatives to pesticides and fertilizers.
b. Require leaking automobiles to be corrected.

< Appendix VIII - 23 >

� Prioritize waterfront property use by water-dependent development in accordance with long-term
comprehensive area planning.

� Minimize dependence on "stocking" for maintaining fish populations in natural areas.

� Consolidate the permitting process without reducing the authority of existing regulatory bodies.
a. Provide a single point of contact for permits.
b. Provide time limits for response from regulators
c. Provide adequate funding for permit staff.
d. Regulators should provide applicants with a team review of reasons for denial of a permit.

� Locate new development to maximize use of existing infrastructure.
a. Encourage compact growth.
b. Encourage new development to go in between existing developments, not in undeveloped
areas (in-filling).
c. Reuse existing structures and sites.

� Planning for highways should include an evaluation of their impact on land use.

* Base taxes on a property's current use, rather than highest and best use.
a. Assist historical and cultural land use.
b. Encourage counties to factor in existence of conservation and other restricted-use
conservation easements in their tax assessment process.
c. Protect long-term residents from being dispossessed by reason of tax reevaluation.
d. Protect historically- and culturally-significant communities from dispossession by reason
of tax reevaluations.

* Maximize the use of non-aquifer water, particularly for new developments where appropriate.
a. Use "gray" and recycled sewage water for irrigation.
b. Use the lowest quality waters for their highest and best use, prior to utilizing the highest
quality waters.
c. Reuse waters on site, where economically feasible.
d. Reuse storm water runoff.
e. Provide incentives for all of the above.

� Implement water conservation measures for all new development.
a. Use "xeric" landscaping.
b. Meter water use for all new development.
c. Encourage low use plumbing.
d. Provide incentives for all innovative solutions.

� Residential, commercial, and industrial development should occur outside of wetland areas, and impact
wetland areas as little as possible.
a. Require buffers between development and wetlands.
b. Don't subdivide properties into parcels that make the parcels difficult or impossible to
build on without a variance to wetland regulations.
c. Facilitate undivided ownership in natural areas common to a subdivision.
d. Allow some flexibility in local subdivision rules (such as minimum property sizes or
setbacks) to facilitate the protection of wetlands.
e. Consider the implementation of closely-regulated permit variances for access when there
is no practical alternative.

< Appendix VM III- 24 >

� Identify and restrict sources of land erosion and sedimentation at construction sites -- consider buffer
zones between construction and drainage systems.

* Hold new development to stricter standards of water effluent quality than existing development.

* Site landfills away from aquifer recharge and drainage zones.
a. Encourage source reduction.
b. Encourage recycling.
c. Provide incentives.

� Provide an adequate amount (green zones) of land for agriculture and silviculture use through state
growth management planning, i.e., conservation easements for family lands.
a. Consider rural preservation zoning districts.
b. Encourage growth within existing cities and towns as an alternative to suburban
development.
c. Establish goals for agricultural, silvicultural, and developmental acreage according to local
needs and requirements.

1. Tourism and Recreation Task Force

* Promote ecotourism.

* DNR must consider recreational fishing during any discussions concerning fishing.

* CZM should identify and acquire scenic easements.

* Encourage communities to identify scenic areas and take steps to preserve them.

* A permanent funding source, such as user fees, should be explored in order to develop low-impact
recreational pursuits and education programs.

� CZM should identify and encourage preservation of historic and archaeological sites on both public and
private land.

� When decisions are made regarding new development, maintaining lakes, streams, etc., in good
condition for tourism and recreation should be a top priority.

� CZM should develop tax incentives (easy to use) in order to encourage the protection of cultural
entities.

* CZM should actively research, recognize, and educate tourists about cultural entities and foster and
preserve such cultures that still exist.

* When decisions are made regarding new development, maintaining groundwater in good condition for
drinking should be a top consideration.

* CZM should encourage tourism- and recreation-oriented users of groundwater to conserve as much
water as possible.

� Be sensitive to wetlands and surrounding areas in all proposed developments.

< Appendix VIm - 25 >

*Encourage tourism and recreation-oriented use of wetlands which do not have a negative impact on the
area.

* DNR's canoe trips on the Altamaha should be continued or expanded.

� All fishing, both fresh water and salt water, be subject to licensing with limits imposed (if fish stocks are
low and selective fish breeding is not a cost-effective option).

*CZM should provide public access to publicly-owned areas so that visitors can see native wildlife and
plants.

� Provide public access to scenic areas.

* Develop primitive camping on at least one barrier island.

* Any recreational development on a state-owned island shall have minimal negative impact to the
environment.

* Maintain clean water so that habitats for fish are not reduced.

* Increase fish stocks by either licensing or selective fish breeding.

* Any taking of minerals should be done with a minimum impact.

< Appendix VIII- 26 >

Appendix IX

GLOSSARY

APPENDIX IX:
GLOSSARY

"A Zone" -- that portion of the 100 year flood plain not subject to wave action. The residual
forward motion of the breaking wave may be present in this zone.

Access canals -- waterways designed and constructed strictly for passage to and from marinas
and other launch facilities.

Activity -- an action or actions which will have reasonably foreseeable effects upon land use,
water use, or natural resources of the coastal area.

Agency -- see definitions for Federal Agency and State Agency.

Applicant -- any person or agency who files an application for a permit.

Aquaculture -- the extensive or intensive farming of aquatic animals or plants.

Bare sand surface -- an area of nearly level unconsolidated sand landward of the ordinary high-
water mark which does not contain sufficient indigenous vegetation to maintain its
stability.

Barrier islands -- the following islands: Tybee, Little Tybee, Petit Chou, Williamson, Wassaw,
Ossabaw, St. Catherines, Blackbeard, Sapelo, Cabretta, Wolf, Egg, Little St. Simons, Sea,
St. Simons, Jekyll, Little Cumberland, Cumberland, and any ocean-facing island which is
formed in the future and which has multiple ridges of sand, gravel, or mud built on the
seashore by waves and currents; ridges generally parallel to the shore; and areas of
vegetation.

Beach -- a zone of unconsolidated material that extends landward from the ordinary low-water
mark to the line of permanent vegetation.

Best Management Practice (BMP) -- a method, activity, maintenance procedure, or other
management practice for reducing the amount of pollution entering a waterbody. BMPs
generally fall into two categories: source control BMPs and nonpoint source control
BMPs. The term originated from the rules and regulations developed pursuant to Section
208 of the federal Clean Water Act (40 CFR 130).

Board -- the Board of Natural Resources.

Boardwalk or crosswalk -- a nonhabitable structure, usually made of wood and without a paved
or poured surface of any kind, whose primary purpose is to provide pedestrian access to
or use of the beach, while maintaining the stability of any sand dunes it traverses.

< Appendix IX - 1 >

Certification of Consistency -- a certification made by a person in connection with an
application for a federally administered permit to conduct an activity or activities as
previously defined. Such certification of consistency shall be based on determination of
the activity's compliance with the policies of the Georgia Coastal Management Program
Document. Only those activities requiring a federally administered permit will require
such certification of consistency.

C.F.R. or CFR -- U.S. Code of Federal Regulations, where the regulations of all departments of
the United States Government are published or "codified."

Coastal area or coastal zone -- all tidally influenced and submerged lands seaward to the state's
jurisdictional limits and all lands, submerged lands, waters, and other resources within the
counties of Brantley, Bryan, Camden, Charlton, Chatham, Effingham, Glynn, Long,
Liberty, McIntosh, and Wayne.

Coastal marshlands or marshlands -- any intertidal area, mudflat, tidal water bottom, or salt
marsh in the state of Georgia within the estuarine area of the state, whether or not the
tidewaters reach the littoral areas through natural or artificial watercourses. "Vegetated
marshlands" shall include those areas upon which grow one, but not necessarily all, of the
following: salt marsh grass (Spartina alterniflora), black needlerush (Juncus roemerianus),
saltmeadow cordgrass (Spartina patens), big cordgrass (Spartina cvnosuroides), saltgrass
(Distichlis spicata), coast dropseed (Sporobolus virginicus), bigelow glasswort
(Salicornia bigelovii), woody glasswort (Salicornia virginica), saltwort (Batis maritima),
sea lavender (Limonium nashii), sea oxeye (Borrichia frutescens), silverling (Baccharis
halimifolia), false willow (Baccharis angustifolia), and high-tide bush (Iva frutescens).
The occurrence and extent of salt marsh peat at the undisturbed surface is deemed to be
conclusive evidence of the extent of a salt marsh or a part thereof.

Coastal Management Program Document or Program Document or Plan -- that management
plan prepared by the Department in consultation with the agencies and local governments
exercising statutory authority in the coastal area and in accordance with the requirements
of the federal Coastal Zone Management Act of 1972, as amended (P.L. 92-583).

Coastal Wetlands -- see "wetlands."

Commissioner -- the Commissioner of the Department of Natural Resources.

Conservation easement -- a legally binding agreement between a property owner and a
governmental body or land trust that restricts the type and amount of development and

< Appendix IX - 2 >

use that may take place on the property. A conservation easement may be arranged for
r ~~~~~conservation purposes, to allow public access to beaches or other areas, to provide hiking
trails, or for other similar objectives.

Consistency -- the compliance with the resource policies and requirements as outlined in the
Coastal Management Program Document (O.C.G.A. 12-5-260 et seq.).

Crosswalk -- see "Boardwalk."

Demand-side Capacity Option -- A program proposed by a utility or the Public Service
Commission for the reduction of future electricity requirements the utility's Georgia retail
customers would otherwise impose, including but not limited to energy efficiency and
energy management options (together known as demand-side resources), and co-
generation and renewable resource technologies. Co-generation and renewable resource
technologies are generally included among supply-side resources because they add to the
total amount of electrical energy produced by society.

Department -- the Department of Natural Resources.

Determination of Consistency -- a determination made by a federal agency proposing an
activity or activities as previously defined. Such determination of consistency shall be
based on a determination of the activity's effects upon the coastal area. Only those
activities proposed to be undertaken by a federal agency will be subject to a determination
of consistency.

Disposal site -- That portion of the "waters of the United States" where specific disposal
activities are permitted and consist of a bottom surface area and any overlying volume of
water. In the case of wetlands on which surface water is not present, the disposal site
consists of the woodland surface area. Upland locations can also constitute disposal sites.

Dolornitic -- geologic term, referring to material that consists of or contains dolomite, a rock or
mineral consisting of calcium and magnesium carbonate.

Dredged material -- Material that is excavated or dredged from waters of the United States.

Dynamic dune field -- the dynamic area of beach and sand dunes, varying in height and width,
the ocean boundary of which extends to the ordinary high-water mark and the landward
boundary of which is the first occurrence either of live native trees 20 feet in height or
greater or of a structure existing on July 1, 1979. The landward boundary of the dynamic
dune field shall be the seaward most line connecting any such tree or structure as set forth
in the Shore Protection Act to any other such tree or structure if the distance between the
two is a reasonable distance not to exceed 250 feet. In determining what is a reasonable
distance for purposes of this paragraph, topography, dune stability, vegetation, lot

< Appendix IX - 3 >

configuration, existing structures, distance from the ordinary high-water mark, and other
relevant information shall be taken into consideration in order to conserve the vital
functions of the sand-sharing system. If a real-estate appraiser certified pursuant to
Chapter 39A of Title 43 of the Official Code of Georgia Annotated determines that an
existing structure, shoreline engineering activity, or other alteration which forms part of
the landward boundary of the dynamic dune field has been more than 80 percent
destroyed by storm driven water or erosion, the landward boundary of the dynamic dune
field shall be determined as though such structure had not been in existence on July 1,
1979.

Easement -- A right, other than the acquisition of title, acquired to use or control property for a
designed purpose.

Electrical plant -- Any facility, or portion of a facility, that produces electricity, or is intended
to produce electricity, for a utility's Georgia retail customers. "Electric plant" includes the
realty, ancillary facilities, and associated facilities required to interconnect the electric
plant with the bulk power supply system.

Eligible person -- any person who is the owner of high land adjoining the state owned marshland
or water bottoms, or combination thereof, sought to be leased by said person such that at
least I100 percent of the landward boundary of the state owned marshland or water
bottom, or combination thereof, sought to be leased is bordered by said adjoining high
land.

Energy facilities -- any equipment or facility which is or will be used primarily in the
exploration for or the development, production, conversion, storage, transfer, processing,
or transportation of, any energy resource; or for the manufacture, production, or assembly
of equipment, machinery, products, or devices which are involved in any of these
activities.

Environmental integrity -- a complete or whole natural system, unimpaired by physical
alteration or contamination to function as an ecosystem.

Erosion -- the wearing away of land whereby materials are removed from the sand dunes,
beaches, and shore face by natural processes, including, but not limited to, wave action,
tidal currents, littoral currents, and wind.

Estuarine area -- all tidally influenced waters, marshes, and marshlands lying within a tide-
elevation range from 5.6 feet above mean tide level and below.

Federal agency -- the United States government and all its departments, boards, bureaus,
commissions, and wholly owned corporations owned by the federal government.

< Appendix DC - 4 >

Federal Insurance Administration -- A section of the Federal Emergency Management Agency
(FEMA) that administers the National Flood Insurance Program.

Federal Emergency Management Agency (FEMA) -- The agency charged with the
responsibility of administering the National Flood Insurance Program through the Federal
Insurance Administration.

Federally administered permit -- only those permits, licenses, or approvals required by
federal law or regulation and issued by an agency of the federal government.

Feral -- having reverted from domestication back to the original wild or untamed state, such as
feral horses and pigs on Georgia's barrier islands.

Flood hazard areas -- Areas designated by the Federal Insurance Administration as flood-prone.
These areas include all land inundated by the flood that has a one percent chance of being
equalled or exceeded in any given year (also known as the "base flood" or "100 year
flood"). Flood hazard areas are categorized into two zones: A Zones and V Zones.

Floodplain -- a plain bordering a river and made of sediment deposited during floods.

Freshwater wetlands -- those wetland areas that are characterized by vegetation adapted to
saturated conditions, but are not tolerant of saline conditions.

GCMP -- the Georgia Coastal Management Program.

Georgia Coastal Management Program -- a compilation of policies to guide the public and
private uses of land and waters within the coastal area administered by the Department of
Natural Resources in consultation with the state agencies and local governments of the
coastal area and approved by the Secretary of Commerce in accordance with the
requirements of the federal Coastal Zone Management Act of 1972, as amended, 16
U.S.C., Section 1451 and following.

Greenbelt -- a vegetated area of various widths provided between or surrounding an area, often
used to provide a natural barrier between industrial and residential areas, airports, etc.
Greenbelts provide air and water filtration, habitat for plants and animals, noise
reduction, and visual and aesthetic improvement.

Groundwater -- water that flows or seeps downward and saturates soil or rock, supplying
springs and wells. The upper level of this saturated zone is called the water table.

Hammock(s) -- forested islands adjacent to salt marshes that exist as a result of a number of
processes such as: the remnants of old barrier islands formed during times of higher sea

< Appendix IX - 5 >

level; islands separated from larger islands by erosion; formations from ballast dumped
by ships during the colonial era; or, dredge spoil sites.

Highway, Road, Street -- Each of these words is a general term denoting a public way for the
purpose of vehicular travel including the entire area within the rights of way.

Hydric soils -- a soil that is saturated, flooded, or ponded long enough during the growing season
to develop anaerobic conditions in the upper part.

Hydrologic -- having to do with water and its properties, physical laws, geographical
distribution, etc., as in hydrologic cycle.

Hydrophytic vegetation -- plant life growing in water or on a substrate that is at least
periodically deficient in oxygen as a result of excessive water content.

Integrated Resource Plan (IRP) -- A utility resource planning process defined in O.C.G.A. 46-
3A, in which an integrated combination of demand-side and supply-side resources is
selected to satisfy future energy service demands at least cost (considering both direct and
indirect costs) to society, balancing the interests of utility customers, utility shareholders
and society-at-large. In Integrated Resource Planning, all resources reasonably available
to meet future energy supply demands are considered by the utility on a fair and
consistent basis.

Land-disturbing activity -- any activity that may result in soil erosion from water or wind and
the movement of sediments into state waters or onto lands within the state, including, but
not limited to, clearing, dredging, grading, excavating, transporting, and filling of land
other than federal and state lands, except that the term shall not include those activities
exempted by O.C.G.A. 12-7-17.

Land trust -- Land trusts are non-profit corporations whose purpose includes acquiring and
holding land and interests in land for conservation purposes. Land trusts are recognized
as publicly-supported charitable organizations by the Internal Revenue Service.

Liquified Natural Gas (LNG) -- Natural gas that has been made liquid by reducing its
temperature to minus 260 degrees Fahrenheit at atmospheric pressure. Liquified natural
gas is 1/600th of its original gas volume.

Litter -- all discarded sand, gravel, slag, brickbats, rubbish, waste material, tin cans, refuse,
garbage, trash, debris, dead animals, or other discarded materials of every kind and
description which are not waste as such term is defined in Paragraph 6 of O.C.G.A.
Section 16-7-51.

< Appendix IX - 6 >

Live-aboard -- a floating vessel or other water craft that is moored to a dock, tree, or piling, or
anchored in the estuarine waters of the state and is utilized as a human or animal abode.
Live-aboards include but are not limited to: monohulls, multihulls, houseboats, floating
homes, and other floating structures that are used for human or animal habitation. See
also "Riverhouse Structure."

Local government -- a county, as defined by O.C.G.A. 36-1-1, or an incorporated municipality,
as defined by O.C.G.A. 36-40-21, or any combination thereof, which has been authorized
by an Act of the General Assembly, any of which has within its jurisdiction any coastal
area.

Marl -- a loose, crumbly rock material or earthy deposit containing clay and calcium carbonate.
Marl is used as fertilizer.

Marshlands -- See "coastal marshlands."

Midden -- loosely consolidated structures associated with native American habitation, often
composed of the "by-products" of daily living, including such refuse as bones, shell
fragments, pottery pieces, and charred materials. Middens vary in size but are generally
less than ten feet in diameter and five feet in depth. Middens should not be confused with
burial mounds.

Minor alteration -- any change in the marshlands which, taken singularly or in combination
with other changes, involve less than 0.10 acres.

Mitigation -- a term that encompasses a broad array of activities, especially as applied to
wetlands management. Mitigation describes the efforts to minimize, or compensate for,
the impacts of a development project. The process of mitigation follows a preferred
sequence of options, as defined by the National Environmental Policy Act (NEPA).
(A) Avoiding the impact altogether by not taking a certain action or parts of an action;
(B) Minimizing impacts by limiting the degree or magnitude of the action and its
implementation;
(C) Rectifying the impact by repairing, rehabilitating, or restoring the affected
environment;
(D) Reducing or eliminating the impact over time by preservation and maintenance
operations during the life of an activity; and,
(E) Compensating for the impact by replacing or providing substitute resources or
environments.

MOA -- Memorandum of Agreement, a formal agreement signed by two or more parties.

< Appendix IX - 7 >

National Flood Insurance Program -- Initiated by Congress in 1968, this program makes flood
insurance available to communities with flood hazard areas while regulating new construction
and development in special flood hazard areas. This program is administered by the Federal
Insurance Administration section of the Federal Emergency Management Agency.

Nationwide Programmatic General Permit (NWP) -- a type of general permit issued on a
nationwide basis by the U.S. Army Corps of Engineers that authorizes activities that are
substantially similar in nature and cause only minimal individual or cumulative impacts.
NWPs are designed to reduce regulatory delays for certain activities with minimal
environmental impacts.

Navigable waters -- as defined in the federal Clean Water Act (33 USC � 1362(7)), and
interpreted by the courts to mean the "waters of the United States," which includes
wetlands that are adjacent to waters associated with interstate commerce, as well as
certain intrastate "isolated" wetland areas located great distances from streams and
navigable water bodies.

NOAA -- the National Oceanic and Atmospheric Administration, an agency within the U.S.
Department of Commerce. NOAA is the parent agency for the Office of Ocean and
Coastal Resource Management (OCRM), the office that administers the federal Coastal
Zone Management Act.

Nonpoint source -- any source that discharges pollutants into the waters of the state from other
than a point source. Such sources include, but are not limited to, agricultural,
silvicultural, stormwater, and urban runoff.

Nursery areas -- habitat areas that provide suitable safety and food supply for young fish.

Ordinary high-water mark -- the position along the shore of the mean monthly spring high tide
reached during the most recent tidal epoch. This term is not synonymous with "mean"
high-water mark.

O.C.G.A. or OCGA -- Official Code of Georgia Annotated. All of the laws of Georgia are in
the O.C.G.A. The O.C.G.A. is arranged by titles, chapters, and sections; the Shore
Protection Act is cited as O.C.G.A. 12-5-230, et seq., because it is codified at Title 12
Chapter 5 Section 230. The term et seq. is used to indicate that the sections following the
one cited are also applicable.

Ordinary low-water mark -- the position along the shore of the mean monthly spring low tide
reached during the most recent tidal epoch. This term is not synonymous with "mean"
low-water mark.

< Appendix IX - 8 >

Permeable or permeable zone -- the property of a material that allows the passage or diffusion
of liquids. Permeable zones refer to those areas that have soil characteristics that allow
infiltration of water.

Permit-issuing authority -- the Shore Protection Committee, the Coastal Marshlands Protection
Committee, or a local unit of government which has adopted a program of shore
protection which meets the standards of the Shore Protection Act and which has been
certified by the board as an approved program.

Person -- any individual, partnership, corporation, municipal corporation, local government,
association, state agency, or public or private authority.

P.L. or PL -- Public Law of the United States.

Pocosin -- evergreen shrub swamps or bogs, common to the Southeast United States. Pocosins,
and shrub swamps in general, tend to be transitional systems between marsh and upland
areas.

Point source -- any discernible, confined, or discreet conveyance, including, but not limited to:
any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock,
concentrated feedlot operation, or vessel or other floating craft, from which pollutants are
or may be discharged.

Policy or policies of the Georgia Coastal Management Program -- the enforceable
provisions of present or future applicable statutes of this state or regulations duly
promulgated thereunder.

Political subdivision -- the governing authority of a county or a municipality in which the
marshlands to be affected or any part thereof are located.

Pollution -- any manmade or man-induced alteration of the chemical, physical, biological, and
radiological integrity of the environment.

Private dock -- a structure built onto or over the marsh and submerged lands that is used for
recreational fishing and other recreational activities, is not available to the public, does
not have enclosures, and does not create a navigation hazard; provided, however, that a
private dock may be covered and screened with a wainscotting not higher than three feet
and may be equipped with a hoist.

Reason to believe -- Subpart G of the Corps of Engineers 404(b)(1) guidelines requires the use
of available information to make a preliminary determination concerning the need for
testing of material proposed for dredging. This principle is commonly known as "reason
to believe," and is used in Tier I evaluations to determine acceptability of the material for

< Appendix IX - 9 >

discharge without testing. The decision not to perform additional testing based on prior
information must be documented, in order to provide a "reasonable assurance that the
proposed discharge material is not a carrier of contaminants."

Recreational dock -- See definition for "Private Dock."

Revetment -- A facing of stone, concrete, etc., built to protect a scarp, embankment, or shore
structure against erosion by wave action or currents.

Riverhouse structure -- Any structure located upon any tidewaters of the State of Georgia,
where such structure is floating upon such tidewaters and is made fast by the use of lines,
cables, anchors, or pilings, or any combination thereof, or is built upon anchors, or
pilings, or any combination thereof, or is built upon pilings embedded in the beds of such
tidewaters when such structure is being or has been used or is capable of being used as a
place of habitation, dwelling, sojoumnments, or residence for any length of time; is not
being used or is not capable of being used as a means of transportation upon such
tidewaters; and is used as a means of transportation upon such tidewater; and is not
owned, occupied, or possessed pursuant to a permit issued by the Commissioner of the
Department of Natural Resources under Code Section 52-1 -IO.

Sand dunes -- mounds of sand deposited along a coastline by wind action, that mounds are
often covered with sparse, pioneer vegetation and are located landward of the ordinary
high-water mark and may extend into the tree line.

Sand-sharing system -- an interdependent sediment system composed of sand dunes, beaches,
and offshore bars and shoals.

Shall or will -- A mandatory condition. When certain requirements are described with the
"shall" or "will" stipulation, it is mandatory that the requirements be met.

Shoreline engineering activity -- an activity that encompasses any artificial method of altering
the natural topography or vegetation of the sand dunes, beaches, bars, submerged
shoreline lands, and other components of the sand-sharing system. This includes, but is
not limited to, such activities as:
(A) Grading, clearing vegetation, excavating earth, or landscaping, where such
activities are for purposes other than erection of a structure;
(B) Artificial dune construction;
(C) Beach restoration or renourishment;
(D) Erosion control activities, including, but not limited to, the construction and
maintenance of groins and jetties;
(E) Shoreline stabilization activities, including, but not limited to, the construction
and maintenance of seawalls and riprap protection; and
(F) The construction and maintenance of pipelines and piers.

Should -- An advisory condition. Considered to be recommended but not mandatory.

< Appendix IX - 10 >

Silviculture -- the practice of applied forest ecology. As used in the timber industry, the practice
of considering all aspects of the forest community for management of the forest for
timber harvesting, such as using sound practices to avoid introduction of sediment and
contaminants into streams and waterways, avoid disruption of spawning and nursery
grounds, and maintenance of forest habitat.

Spawning areas -- areas that provide suitable habitat for deposition of eggs or sperm directly
into the water by aquatic animals, such as fish, shellfish, frogs, etc.

Stable sand dune -- a sand dune that is maintained in a steady state of neither erosion nor
accretion by indigenous vegetative cover.

State agency -- this state and all its departments, boards, authorities, bureaus, and commissions.

State permit -- all those permits, licenses, or approvals, whether required by federal or state
law, which are administered by a state agency.

State Programmatic General Permit (SPGP) -- a type of general permit issued, on a statewide
basis, by the U.S. Army Corps of Engineers that authorizes, for purposes of the Rivers
and Harbors Act and/or Section 404 of the Clean Water Act, certain activities that are
also regulated by state, regional, or local regulatory programs. As with nationwide
permits, they are issued for activities that are substantially similar in nature and cause
only minimal individual or cumulative impacts. SPGPs are designed to reduce regulatory
delays for certain activities with minimal environmental impacts, and they serve to
augment the requirements and environmental features of the state, regional, or local
program by adding specific conditions to those programs. They are intended to avoid
unnecessary duplication of regulatory control by other agencies.

Stormwater runoff -- overland flow from rainfall that does not infiltrate the ground or evaporate
but instead flows onto adjacent land or watercourses or is routed into drain/sewer
systems.

Structure -- an institutional, residential, commercial, or industrial building (O.C.G.A. 12-5-230
et seq.).

Submerged land -- all lands lying in or being under tidally influenced waters of the state.

Surficial -- found at or near the surface, especially as related to water found near the surface of
the soil.

Temporary -- as used in shore structures, means those structures that are not intended to remain
in place except for a very short period of time and that may be used for special events.
Such structures include, but are not limited to, tents, signal towers, and fences.

< Appendix IX - 11 >

Tidal epoch -- the variations in the major tide-producing forces that result from changes in the
moon's phase, declination of the earth, distance of the moon from the earth, and
regression of the moon's modes, and which go through one complete cycle in
approximately 19 years.

Tidal water bottoms -- the bed or bottom of all tidewaters within the state. The State of
Georgia continues to hold title to all tidal water bottoms within the state, except where
title in a private party can be traced to a valid Crown of England and by the common law.

Tidal wetlands -- those wetland areas that are influenced primarily by tidal inundation of salt or
brackish water. Plants and animals in these systems are adapted to the stresses of salinity,
periodic inundation, and extremes in temperature.

Tidally influenced waters -- any water where the tide ebbs and floods on a daily basis.

Tiered approach -- A structured, hierarchical procedure for determining data needs relative to
decision-making, which involves a series of tiers of levels of intensity of investigation.
Typically, tiered testing involves decreased uncertainty and increased available
information with increasing tiers. This approach is intended to ensure the maintenance
and protection of environmental quality, as well as the optimal use of resources.
Specifically, the least effort is required in situation where clear determination can be
made of whether (or not) unacceptable adverse impact are likely to occur based on
available information. The most effort is required where clear determination cannot be
made with available information.

U.S.C or USC -- United States Code. All of the statutes passed by Congress are in the United
States Code. The U.S.C. is arranged by titles and sections; the Endangered Species Act,
for instance, is cited as 16 U.S.C. �� 1531 to 1544, because it is codified in Title 16 of the
United States Code at sections 1531 through 1544. The titles are arranged by subject
matter. The term et seq. is sometimes used to indicate the sections following the one
cited are also applicable.

"V Zone" (Velocity Zone) -- That portion of the coastal 100 year flood plain that would be
inundated by tidal surges with velocity wave action. Generally, the V Zone indicates the
inland extent of a three-foot breaking wave, where the stillwater depth during the 100
year flood decreases to less than four feet.

Water dependent -- Water related, dependent on waterfront access, or cannot be satisfied by the
use of an alternative nonmarshland site. (Modified from the Coastal Marshlands
Protection Act.)

Waters or waters of the State -- any and all rivers, streams, creeks, branches, lakes, reservoirs,
ponds, drainage systems, springs, wells, wetlands, and all other bodies of surface or

< AppendixIX - 12 >

subsurface water, natural or artificial, lying within or forming part of the boundaries of
the state which are not entirely confined and retained completely upon the property of a
single individual, partnership, or corporation.

Watercourse -- a flowing, channelized water system.

Wetlands or coastal wetlands -- those areas that are inundated or saturated by surface or
groundwater at a frequency or duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar
areas. (See 33 CFR � 323.2, and 40 CFR � 230.3). Wetlands include both freshwater and
tidal wetlands. (This definition is taken from the "U.S. Army Corps of Engineers
Wetlands Delineation Manual," published in January 1987. This definition shall be used
until such time as a more generally accepted definition is developed.)

< Appendix IX - 13 >

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< Appendix M - 14 >~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Appendix X

LIST OF PARTICIPANTS

APPENDIX X:
LIST OF PARTICIPANTS

This document was produced in cooperation with the citizens of Georgia.

THE COASTAL ADVISORY COMMITTEE

Dewey Benefield Bill Foster, Sr. Don Mendosa
George "Bubba" Bird, mI Virginia Gunn Danny Norman
Tom Bordeaux Huey Ham Walter Parker
Ben Brewton Charles E. Hartzog Joe Murray Rivers
Allan Bryant Vernon J. Henry Rebecca Shortland
A. Rundle Cook Sanford Hershey Larry Stuber
John Eden Vernon Martin Daniel L. Williams, Jr.
Jimmy M. Floyd Jerry McCollum Herb Windom

Note: Former members of the Coastal Advisory Committee and its predecessor, the Coastal
Zone Advisory Committee include Jack Blanton, William "Jackie" Carter, Dennis Duke, Jim
Kundell, Randal Morris, Lee Noel, Delores Roberson, Robert Russell, and Julie Smith.

THE GOALS SUBCOMMITTEES
(Note: Affiliation listed is that provided at the time of participation, 1993-1994.)

Associated Resources Subcommittee

Charles H. Boles (Richmond Hill Heritage Trust Prog.) Alan McGregor (The Sapelo Fndtn.)
Ben Brewton (Bryan Co. Planning Comm.) Don Mendonsa (Savannah City Mgr.)
Sarah Brown (Historic Savannah Fndtn.) Carl Paulsen (Nat'l Coalition for Marine Conservation)
Jack D'Antignac (GA Fisherman's Assoc.) Eric Peterson (Coastal GA RDC)
Royce Hayes (St. Catherine's Isl. Fndtn.) John Robinette (U.S. Fish & Wildlife Svc.)
Vernon J. Henry (GA Southern Univ.) Kirk Schlemmer (Coastal GA RDC)
Billy Herrin (GA Board of Natural Resources) Susan Shipman (GA DNR)
Linda King (Coastal GA Historical Society) Rebecca Shortland (The GA Conservancy)

Land Resources Subcommittee

John Breen (Ft. Pulaski Nat'l Monument) Brice Ladson (Attorney)
Ben Brewton (Bryan Co. Planning Comm.) Richard Madray (Wayne Co. Comm.)
David Ferrell (Soil Conservation Svc.) Gwen McKee (Coastal GA Land Trust)
Bill Foster, Sr. (Thomas & Hutton Engineering) Mara Peterson (City of Kingsland)
Frank Green (GA Forestry Comm.) Robert Randall (Glynn Environmental Coalition)
Charlie Hartzog (Citizen) Garland Reyna (Georgia Pacific)
Louise Hill (GA Farm Bureau) Rebecca Shortland (The GA Conservancy)

< Appendix X - 1 >

Water Resources Subcommittee

Ben Brewton (Bryan Co. Planning Comm.) David Rutherford (Metropolitan Planning Comm.)
Jackie Carter (Charlton Co. Comm.) Bob Scanlon (Kemira, Inc.)
Bill Cozine (GA Marine Businessmen's Assoc.) Rebecca Shortland (The GA Conservancy)
Allen Cywin (Citizen) Claudia Taylor (Glynn Environmental Coalition)
Matt Gignilliat (Savannah Electric) Michael Terry (Elizabeths on 37th)
Charles Griffin (GA Ports Authority) Stan Whonic (Citizen)
Vernon J. Henry (GA Southern Univ.) Carlton L. Windsor (ITT Rayonier)

THE RESOURCE POLICY TASK FORCES
(Note: Affiliation listed is that provided at the time of participation, 1993-1994.)

Agriculture/Silviculture Task Force

Wayne Adkins (UGA CES Engineering) Richard Morgan (U.S. Army Corps of Engineers)
Jack L. Amason (GA Fishermen's Assoc.) Neil W. Nichols (Farmer)
Ben Brewton (Bryan Co. Planning Comm.) Tom Norris (Interstate Paper, GA Forestry Assoc.)
Tee Brower (The Sierra Club) Gordon Rogers (GA DNR)
David A. Ferrell (Soil Conservation Svc.) John R. Sanders (Georgia Pacific)
Frank Green (GA Forestry Comm.) Claude (Joe) Sears (Citizen)
John Godbee (Union Camp) Bill Simpson (ITT Rayonier)
Alva J. (Joe) Hopkins, mII (Toledo Mfg. Co.) J. Owens Smith (Univ. of Georgia)
Frank Ivey (Stone Sav. R. Pulp & Paper) Steve Swanberg (Southern Shellfish)
Bob Izlar (GA Forestry Assoc.) Stanley M. Whitt (The Whitt Co.)
Thomas L. Joyner (Soil & Water Cons. Comm.) Boyd Walden (Union Camp)
David M. Karwacki (GA Watermen's Assoc.) Ronald Wilkinson (Kings Bay Naval Sub. Base)
Jerry Lee (Wight Nurseries, Inc.) Buron Jed Wilson (Southeast GA Farm Credit)
John F. McCormick (GAP, PEER, AFSEE) Alton L. Wooten (Glynn Co. Farm Bureau)
Tyler Mitchell (GA Milk Producers Assoc.)

Areas of Special Concern Task Force

Steve Applegate (Applegate Film & Video) Jean Poleszak (Jekyll Isl. Citizens Assoc.)
Rick Causey (Soil Conservation Svc.) Carl A. Poppell, Sr. (Commercial Crabber)
Jack D'Antignac (GA Fishermen's Assoc.) Gene Rigdon (Citizen)
Lorraine Dusenbury (Coastal GA Audubon Soc.) John A. Rust (Ogeechee Audubon Soc.)
Willard Fell (GA Forestry Comm.) Chris Schuberth (Sav. Science Museum)
Bill Foster, Sr. (Thomas & Hutton Engineering) Newton Sikes (Cumberland Isl. Nat'l Seashore)
W. R. Gwin (Citizen) Hudson Slay (U.S. EPA, Region IV)
Royce Hayes (St. Catherine's Isl. Fndtn.) Claudia Taylor (Glynn Environmental Coalition)
Vernon J. Henry (GA Southern Univ.) Diana Vance (Citizen)
Dave Kyler (Coastal GA RDC) Heidi M. Whitt (Citizen)
Kevin McIntyre (Little St. Simons Isl.) W.B. Wikoff (Union Camp)
Mark J. Musaus (U.S. Fish & Wildlife Svc.) Sam Wilcox (Citizen)
Ronnie Perry (Glynn Co. Wetlands Task Force) Anton S. Withington (Union Camp)

< Appendix X - 2 >

Fish and Wildlife Task Force

Jack Amason (Sea Garden Seafoods) James Karwacki (Commercial Fisherman)
Lee Andrews (Maguire Associates) Eugene P. Keferl (Brunswick Coll.)
George E. Argo (Citizen) Steve Lewis (Union Camp)
John D. Breen (Ft. Pulaski Nat'l Monument) Richard H. Madray (Wayne Co. Comm.)
Mark Bujold (Attorney) Neil W. Nichols (Nichols Farm)
Paul Christian (Univ. of GA Marine Extension Svc.) Carl Paulsen (Nat'l Coalition for Marine Conservation)
Jim H. Daniel (Union Camp) Mallory Pearce (City of Tybee Environmental Comm.)
L. B. Davenport, Jr. (Ret'd, Armstrong State Coll.) Carl A. Poppell, Sr. (Commercial Crabber)
Fred Dennis, Jr. (GA Fishermen's Assoc.) John Robinette (U.S. Fish & Wildlife Svc.)
John D. Enlow (Union Camp) Newton Sikes (Cumberland Isl. Nat'l Seashore)
Ruth Mannebach Geib (S&ME, Inc.) Boyd Walden (Union Camp)
Sandy Gorse (ITT Rayonier) Daniel L. Williams, Jr. (Camden Co. Comm.)
Curtis Gowen (Citizen) Robert Wood (Stone Sav. R. Pulp & Paper)
David D. Johns (Union Camp) John C. Wylly, Jr. (John Wylly Real Estate)

Manufacturing Task Force

James R. Baker (Union Camp) Alan McGregor (The Sapelo Isl. Fndtn.)
W.F. Baker (Union Camp) Gary McKay (Geoss, Inc.)
Phillip Flournoy (GA DNR) Andrew Rea (The Sierra Club)
Matt Gignilliat (Savannah Electric) Gene Rigdon (Citizen)
John W. Hicks (Sav. Area Chamber of Commerce) Karen Robertson (Union Camp)
Ed Hummel (Insteel Construction Systems, Inc.) Dave Rutherford (Metropolitan Planning Comm.)
Mike Kelly (Savannah Foods & Industries) Rebecca Shortland (The GA Conservancy)
Christy Lambert (The Nature Conservancy) Steve Swanberg (Southern Shellfish)
Steve Lewis (Union Camp) Jim Van Horn (Stone Sav. R. Pulp & Paper)
Joseph T. Lott (Georgia Pacific) Buron "Jed" Wilson (Southeast GA Farm Bureau)
Roberta Marinelli (Skidaway Inst. of Oceanography)

Marine Related Facilities Task Force

Lodwick Alford (Ret'd Navy) Jim A. Johnson (Union Camp)
Fred N. Beason, Jr. (Peeples Industries) Jim Livingston (Wheeler Co. Emergency Mgt. Agency)
Richard M. Bourgeois, Jr. (Palmer Johnson Sav., Inc.) Boyce Mann (Golden Isles Marina)
Paul Christian (Univ. of GA Marine Extension Svc.) Tomas L. Moore (GA Ports Authority)
William Guy Clark (Citizen) Jim More (Kings Bay Naval Sub. Base)
Ralph V. Croft (Golden Isles Chamber of Commerce) Bill Parker (Golden Isles Chamber of Commerce)
William C. Fleetwood, Jr. (WBG Marine) Jim Patterson (Branigar Organization)
H. Lynn Gaskins, Jr. (Glynco Machine & Tool Co.) Barnard M. Portman (Bull R. Marina)
Martin O. Gillette (Martin Gillette, Inc.) Michael M. Sancomb (Tidewater Boatworks)
Paul Glenn (Marina Development & Mgt. Co.) Steve Swanberg (Southern Shellfish)
Robin Goodloe (U.S. Fish & Wildlife Sve.) Michael Terry (Elizabeths on 37th)
Vernon J. Henry (GA Southern Univ.) W.B. Wikoff (Union Camp)
Dan Jensen (Camden Co. Planning & Bldg. Dept.) Daniel L. Williams, Jr. (Camden Co. Comm.)
David D. Johns (Union Camp) Herb Windom (Skidaway Inst. of Oceanography)

< Appendix X - 3 >

Public Service Facilities Task Force

Gene Ashley (GA Air Nat'l Guard) Deb L. Nahikian (Union Camp)
Scott T. Ashworth (Union Camp) Robert W. Peery, Jr. (Farmers Home Admin.)
Danny Blitch (Coastal GA RDC) David Remick (Waste Mgt., Inc.)
Allen Cywin (Citizen) Charles L. Samz (The Sierra Club)
Huey R. Ham (Judge, Brantley Co.) Monroe Todd (Charlton Co. Emergency Mgt. Agency)
Thomas D. Houston (Dept. of the Army, Ft. Stewart) Carr Tyndall (Stone Sav. R. Pulp & Paper)
Dudley Kyle (Citizen) Ronald E. Widener (Toombs Co. Emerg. Mgt. Agency)
Kirk Lee (Union Camp)

Residential, Commercial, & Industrial Development Task Force

Ed Abel (Glynn Co. Emergency Mgt. Agency) John A. Murphy (Hartford Construction Co.)
Neel Ackerman (Branigar Organization) Mara S. Peterson (City of Kingsland)
Edwin Byck (Attorney) Robert Randall (Glynn Environmental Coalition)
Melinda Byck (Attorney) Andrew Rea (The Sierra Club)
E. Cameron Bland (Union Camp) Allen Rigdon (Soil Conservation Svc.)
Loretta Conner (City of St. Marys) Gene Rigdon (Citizen)
A. Rundle Cook (McIntosh Co. Econ. Dev. Comm.) Kirk Schlemmer (Coastal GA RDC)
Jane DelMestro (Branigar Organization) Lawrence Shaffield (Clean Coast)
Bill Dorroh (Citizen) Larry Stuber (EMC Engineering)
Mary Gibson (Citizen) Tom Thompson (GA Milk Producers Assoc.)
Robert Gilleski (Citizen) Ken Tollison (Citizen)
Jo Hickson (Land Planning & Landscape Architecture) Charlie Von Ohsen (GA Inst. of Technology)
Terri Mason (Citizen) Betty Lou Wood (Citizen)
Jim Morrison (GA Game & Fish Federation) Robert Wood (Stone Sav. R. Pulp & Paper)

Tourism and Recreation Task Force

Skip Adamson (Jekyll CVB, Jekyll Business Assoc.) Gwen McKee (Coastal GA Land Trust)
Gerald V. Allen (Union Camp) Ward T. Milner (Citizen)
Sarah Brown (Historic Savannah Fndtn.) Jane Perry (Glynn Co. Health Dept.)
John Enlow (Union Camp) Kevin Runner (Golden Isles Chamber of Commerce)
Fred Haeussler (Union Camp) Mike Tennent (Ft. Frederica Nat'l Monument)
Mike Jacobs (GA DNR) Doug Traub (Jekyll Isl. Auth.)
Ronald C. King (McSap Dev.) Cynthia D. Williams (Glynn Co. Rec. & Parks Dept.)
Walter Lawson (GA Regional Hosptal) May Howard Zipperrer (Coastal Heritage Society)
Harris K. Lentini (Citizen)

Transportation Task Force

Jack Alderman (Citizen) Jim Knight (Stone Sav. R. Pulp & Paper)
Charles H. Boles (Richmond Hill Heritage Soc.) Jim McDonald (Coast Guard Marine Safety Ofc.)
Denise Bonnette (Union Camp) J. Larry Miles, Jr. (S&ME Inc,Chatham Env'l Forum)
John P. Davis (U.S. Fish & Wildlife Svc.) Charles Milmine (Citizen)
Susan Durden (U.S. Army Corps of Engineers) Thomas L. Moore (GA Ports Authority)
Keith Flanagan (Glynn Co. Public Works Dept.) Jim More (Kings Bay Naval Sub. Base)
Charles F. Griffen (GA Ports Authority) Erik Peterson (Coastal GA RDC)
Vernon J. Henry (GA Southern Univ.) John Phillips (GA Dept. of Transportation)
Thomas F. Howard (Armstrong State Coll.) Herb Windom (Skidaway Inst. of Oceanography)
William M. Jordan (Union Camp)

< Appendix X - 4 >

THE JOINT HOUSE/SENATE
COASTAL MANAGEMENT STUDY COMMITTEE

*= Committee Co-Chair

Representative Bob Hanner* (Dist. 159) Senator Hugh Gillis* (Dist. 20)
Representative Kathy Ashe (Dist. 46) Senator Ed Boshears (Dist. 6)
Representative Tom Bordeaux (Dist. 151) Senator Mike Egan (Dist. 40)
Representative DuBose Porter (Dist. 143) Senator Steve Henson (Dist. 55)
Representative Charlie Smith (Dist. 175) Senator Rene Kemp (Dist. 3)

DEPARTMENT OF NATURAL RESOURCES STAFF
ASSISTING WITH PROGRAM DEVELOPMENT

Michelle Aldenderfer Phillip Floumoy C. Victor Pyle, mT
Lonice Barrett Duane Harris Stuart Stevens
Kelie Cochran Tami Hunter Susan Wentworth
Janet Evans Rhonda Knight Terry West
Christina Faughnan Tiffany Lutterman Kathryn Zagzebski

NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION STAFF
ASSISTING WITH PROGRAM DEVELOPMENT

Jeffrey Benoit Clement Lewsey LCDR Tim Steele
David Kaiser Joshua Lott LCDR Steve Thompson
Ed Kruse Jim Mills Joseph Uravitch

< Appendix X - 5 >

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< Appendix X - 6 >
I

For the sea lies all about us.... In its mysterious past it encompasses all the dim origins
of life and receives in the end, after, it may be, many transmutations, the dead husks of
that same Ijie. For all at last returns to the sea -- to Oceanus, the ocean river, like the
overflowing stream of time, the beginning and the end.
Rachel Carson
The Sea Around Us

A publication of the
~ t~FMOS~ National Oceanic an~d Atmospheric Administration, OP.O
A4 ~~~~~~ Office of Ocean and Coastal Resources andNARA
the Georgia Department of Natural Resources,
Coastal Resources Division pursuant to the
National Oceanic and Atmospheric Administration
Award Number NA670Z031IO under the GRIA
Coastal Zone Management Act of 1972, as amended.

The Department of Natural Resources is an equal opportunity employer and offers all persons the
opportunity to participate in each area of DNR employment regardless of race, color, sex,
religion, national origin, age, physical or mental handicap or other non-merit factors.