18 9 a 2 25 2% ” 2 29 a 2 2 ae House Bill 271 (Version 2) By: Representatives Perea of the 166th, Stephens ofthe 164th, Jones ofthe 167th, Spencer of the 180th, Hogan ofthe 179th, ad others ABILLTO BE ENTITLED ANACT. ‘To amend Part 2 of Antcl 4 of Chapter 5 of Title 12 ofthe Official Code of Georgia Annotsted, ‘elating o shore protection, so sto revise various provisions relative to shore protection; to revise and add definitions; to establish authority and powers of the Department of Natural Resoutees; 0 revise provisions relating to permit activities and procedures; to provide for applicability; to strike obsolete language and correct cross-references; to provide for an effective date; to repeal conflicting laws; and for other purposes. BEIT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA; SECTION 1. Part2 of Article 4 of Chapter § of Title 12 ofthe Official Code of Georgia Annotated, relating to shore protection, is amended in Code Section 12-S-232, relating to definitions, by revising paragraphs (8), (11), (13) (15), and (18) and by adding anew paragraph to read as follows: (8) "Dynamic dune field" means those elements ofthe sand sharing system including the dynamic area of beach and sand dunes, varying in height and width, but doesnot include stable sand dunes, ‘ihe ocean boundary ofthe dymamie dune Feld whieh extends tothe ordinary high-water mark as determined by the Department and-ihe-lendword-boundary-oF which ithe fest occurrenceeiher ‘of live native tees 20 feet in heehee preter or-oFesincture-exbting-emfuly 11959, The landward boundary ofthe dynamic dune field, as determined by the Department, shall be either the first occurrence of the seaward-most-Hine connecting any-such-treeora structure existing on July 1, 1979, a8 set forth in this part teany-eter or alonga line that is: (A)25 feet landward ofthe landward oe ofthe most landward sand dunes: oF lization sti (C2 In the absence of any such sand dunes or functional sirsture associated with a shoreline subi aviv 25 ft nda ot or ih warren by F landward ofthe ordinary bi ‘sch tee or sirscture- i the distance between the tvo-i-a reasonable distance-not to exceed 250 ect selermining whats tenonsbledistone er putpenen tte pwreaphctapepadte26 2” 38 38 0 a a 8 4s 46 ” 8 9 so st [s2 3 sé gan a 6 0 n n a SN Sh nn eS Funations of the sund-sharing-syster If realestate appraise certified pursuant to Chapter 39 of Tite 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 ofthe dynamic dune field shall be determined as though such structure had not been in existence on July 1, 1979. *(10.1) Minor at an sctvity suchas the construction o instal ‘or the alteration of nativ i lation, of alsation whe combine vith the sructuson he bjs parel port See i 3¢ portion theo, lin per ort oer in cela eae gavage ‘cross sand dunes." “(11) ‘Ordinary high-water mark’ means the upper reach ofthe tide positon along the shore sablished by the fluctuations of water and indicated by physical characiristics such asa clear ‘natural line impressed on the shor, shelving. changes in character of soils or presence o iter and bri. us determined by the Department, ofthe moan-monthiy spring highide reached during the (15) “Sand dunes’ means mounds of sand within the sand-sharing system deposited slong a coasline by wind dal or wave action, or hy beach nourishment or dune construction, which mounds are often covered with sparse, pioneer vegeta out not limit ‘beach morning glory and large sali meadow corderass and are located landward ofthe ordinary high-water mar and may extend into the tree line.” (18) ‘Stable sand dune’ means a sand dune not nthe sundshating system that is maintained in «steady state of neither erosion nor accretion by indigenous woody vegetative cover such as, but _ SECTION 2. Seid pat is futher amended by revising Code Section 12-S-235, relating to the Shore Protection Committe, as follows: "125.235, (@) There is created the Shore Protction Committee within the department. The commiltee shall be composed of five members, including the commissioner of natural resources and four people selected by the board. Each of three persons selected by the board shall be a resident of ‘Camden, Glynn, Melntosh, Liberty, Bryan, or Chatham County. Three members of the commitee™ % 16 n B8ua Bae 102 103 106 107 shall constinate a quorum. The members of the committe shall be entitled to and shall be reimbursed from moneys appropriated tothe department for their expenses, such as mileage and per diem, as sot by the board. () The comminee 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 committe’s discretion, be revoked, suspended, of modified upon a finding that the permittee is not in ‘compliance with permit conditions or thatthe permitie is in violation of any rule or regulation promulgated pursuant o this part. (©) The chairman chairperson ofthe committee, upon application by the permittee, may issue renewal of @ permit previously granted by the committe. Such action must be based upon recommendations of staff, past committee actions, and the results of public comments. The haieman chairperson may refer the request for renewal tothe committe to decide on renewals that, in his o her 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 i recommendations vit past committee actions as cable, publi mmmitee member input_U action ofthe committee.” SECTION 3. ‘Said partis fuer amended by revising Code Section 12-5-238, relating to form and content of permit applications, as follows: Allapplications for permits equiv by this part must be on forms presried bythe parmitioing ‘othr commits mist be properly exceed, and must includ the elowing: (1) The name and adres ofthe eplican; (2) Absit desertion ofthe proposed poet (@) Construction documents showing the applicants proposed project and the manner or method ty which the project shal be secomplished. Such document shal identity the dynamic dane fl affeceds (4) Acony ofthe dot or ote instrument under which the applicant claims tte t the property or if the applicant is no the owe, copy ofthe ded or oe nsirument under which he oer Chais thee together with wren penmssion fom te owner fo cary ou the project on his the tomer’ and. In eu oa ded or cher instrument refered on this area, te permi-isuing