A Guide to the Georgia Coastal Marshlands Protection Act Requirements, Process, and Compliance
The Georgia Coastal Marshlands Protection Act (CMPA) serves as a critical safeguard for the state's invaluable coastal marshlands, striking a delicate balance between environmental conservation and responsible development. This comprehensive guide delves into the intricacies of the CMPA, offering a clear understanding of the regulated activities, permitting requirements, and compliance obligations that shape projects within Georgia's coastal zone. By exploring the Act's key provisions, recent developments, and potential regulatory changes, readers will gain the knowledge necessary to navigate the complexities of coastal marshland protection and make informed decisions that prioritize both project success and environmental stewardship. With a focus on practical guidance and actionable insights, this guide serves as an essential resource for effectively managing projects while ensuring the long-term preservation of Georgia's treasured coastal ecosystems.
GENERAL INFORMATION
Key Details of the Georgia Coastal Marshlands Protection Act
Issuing Agency: Georgia Department of Natural Resources, Coastal Resources Division[^0]
Year Established: 1970[^1]
Last Amended: 2019[^2]
Statutory Authority: Georgia Coastal Marshlands Protection Act of 1970[^1]
Primary Legal Reference: Official Code of Georgia Annotated (O.C.G.A.) Sections 12-5-280 through 12-5-297[^3]
Overview of the Georgia Coastal Marshlands Protection Act
The Georgia Coastal Marshlands Protection Act is a state-level environmental regulation that operates within the broader framework of Georgia's environmental protection laws. It was enacted in 1970 to specifically address the protection of coastal marshlands, which are vital ecosystems that provide habitat for wildlife, filter pollutants, and buffer against storm surges and erosion.[^1]
The Act is administered and enforced by the Georgia Department of Natural Resources, Coastal Resources Division.[^0] It requires a permit for any activities that may alter or impact coastal marshlands, such as dredging, filling, or construction.[^4] The Act's jurisdiction is limited to the coastal marshlands of Georgia, which are defined as any marshland intertidal area, mud flat, tidal water bottom, or salt marsh within the estuarine area of the state.[^5]
Since its enactment, the Act has undergone several amendments to strengthen its protections and clarify its requirements. In 2019, the Act was amended to increase penalties for violations and to require more stringent monitoring and reporting of permitted activities.[^2]
What does the Georgia Coastal Marshlands Protection Act protect?
The Georgia Coastal Marshlands Protection Act specifically protects the coastal marshlands of Georgia from alteration and degradation.[^1] Coastal marshlands are unique and vital ecosystems that serve many important functions, such as:
- Providing habitat for fish, shellfish, and other wildlife
- Filtering pollutants and improving water quality
- Buffering against storm surges and erosion
- Supporting recreational activities like fishing and kayaking
The Act achieves this protection by requiring a permit from the Georgia Department of Natural Resources for any activities that may alter the marshlands, such as dredging, filling, dumping, or construction.[^4] The permit process ensures that any proposed activities are reviewed for their potential impacts on the right marshlands and that appropriate mitigation measures are implemented to minimize harm.[^7]
[^0]: Georgia Department of Natural Resources, Coastal Resources Division. [^1]: Georgia Coastal Marshlands Protection Act of 1970, O.C.G.A. §§ 12-5-280 through 12-5-297. [^2]: Georgia General Assembly. (2019). House Bill 445 (As Passed House and Senate), from http://www.legis.ga.gov/Legislation/en-US/display/20192020/HB/445 [^3]: Official Code of Georgia Annotated (O.C.G.A.) §§ 12-5-280 through 12-5-297. [^4]: O.C.G.A. § 12-5-286(a). [^5]: O.C.G.A. § 12-5-282(3). [^7]: O.C.G.A. § 12-5-286(h).
REGULATORY SCOPE & JURISDICTION
Regulated Activities & Entities
The Georgia Coastal Marshlands Protection Act (CMPA) regulates activities and entities that may impact the state's coastal marshlands, which are defined as "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 not the tidewaters reach the littoral areas through natural or artificial watercourses."1 The CMPA aims to protect these sensitive and ecologically critical areas from degradation due to human activities.
The CMPA applies to various industries and activities that could potentially harm coastal marshlands, including:
- Dredging and filling operations
- Construction of marinas, docks, and piers
- Installation of bulkheads and seawalls
- Placement of pipelines, cables, and other utility structures
- Discharges of pollutants or wastewater
Under the CMPA, the following activities are prohibited without obtaining a permit from the Georgia Coastal Resources Division:
- Filling, dredging, draining, or otherwise altering any marshlands2
- Constructing or modifying any structure on or over marshlands3
- Discharging pollutants, wastewater, or other materials into marshlands4
These prohibitions are in place to prevent the destruction or degradation of coastal marshlands, which serve critical ecological functions such as providing habitat for wildlife, stabilizing shorelines, and filtering pollutants from water.
Structure and Key Provisions
The Georgia Coastal Marshlands Protection Act is structured into several key sections that outline its purpose, definitions, permitting requirements, and enforcement provisions. The most important sections include:
Section 12-5-282 - Definitions5
This section defines key terms used throughout the CMPA, such as "coastal marshlands," "estuarine area," and "minor alteration."
Section 12-5-286 - Permit required; application; notice; public hearing; issuance; denial; dynamic dune fields6
This section establishes the requirement for obtaining a permit from the Coastal Resources Division before engaging in any regulated activity in coastal marshlands. It outlines the permit application process, public notice and hearing requirements, and factors considered in permit decisions.
Section 12-5-288 - Bonds; forfeiture; automatic revocation of permit; liability for damages7
This section authorizes the Coastal Resources Division to require permit applicants to post a bond to ensure compliance with permit conditions and the CMPA. It also establishes provisions for bond forfeiture, permit revocation, and liability for damages.
Section 12-5-291 - Enforcement of part; civil penalty8
This section grants enforcement authority to the Coastal Resources Division and establishes civil penalties for violations of the CMPA or permit conditions.
COMPLIANCE REQUIREMENTS & STANDARDS
Regulatory Standards & Limitations
The Georgia Coastal Marshlands Protection Act establishes various standards and limitations to protect and preserve the state's coastal marshlands. These standards may include restrictions on dredging, filling, and other activities that could adversely impact the marshlands9. The Act also sets performance standards for projects in or near the marshlands, which may require developers to implement specific measures to minimize environmental impacts10. Compliance with these standards is typically enforced through the permitting process, where projects are reviewed and approved by the Georgia Department of Natural Resources, Coastal Resources Division.
Monitoring, Reporting & Recordkeeping Obligations
Under the Georgia Coastal Marshlands Protection Act, regulated entities may be subject to various monitoring, reporting, and recordkeeping requirements. These obligations are designed to ensure ongoing compliance with the Act's standards and limitations, and to provide the relevant agencies with the information necessary to enforce the regulation effectively. Developers and consultants should work closely with the Georgia Department of Natural Resources, Coastal Resources Division to understand and fulfill the specific monitoring, reporting, and recordkeeping requirements that apply to their projects. These requirements may vary depending on the nature and location of the project, as well as the specific permits or approvals obtained.
Enforcement Actions & Penalties
The Georgia Department of Natural Resources, Coastal Resources Division is responsible for enforcing the Georgia Coastal Marshlands Protection Act. In cases of non-compliance, the agency may take various enforcement actions, such as issuing notices of violation, administrative orders, or assessing civil and criminal penalties. The severity of the enforcement action and the amount of any penalties will depend on factors such as the nature and extent of the violation, the potential for environmental harm, and the regulated entity's compliance history. To avoid enforcement actions and penalties, it is crucial for developers and consultants to proactively comply with the Act's requirements and engage early with the relevant agencies to address any potential issues. Readers should consult the full text of the Georgia Coastal Marshlands Protection Act and work closely with the Georgia Department of Natural Resources, Coastal Resources Division to understand the specific enforcement provisions and penalty structures that may apply to their projects.
ADDITIONAL RESOURCES
Recent Developments & Regulatory Outlook
The Georgia Coastal Marshlands Protection Act has undergone several significant developments in recent years. In 2018, the Georgia General Assembly passed House Bill 657, which amended the Act to clarify the definition of "marshlands" and to provide additional exemptions for certain activities, such as the construction of single-family docks and the maintenance of existing structures.11 This amendment aimed to streamline the permitting process and reduce regulatory burdens on property owners while still maintaining the Act's core purpose of protecting Georgia's coastal marshlands.
Another notable development occurred in 2020 when the Georgia Supreme Court issued a decision in the case of Coastal Marshlands Protection Committee v. Center for a Sustainable Coast, Inc.12 The court held that the Coastal Marshlands Protection Committee, which is responsible for issuing permits under the Act, must consider the cumulative impacts of proposed activities on the marshlands rather than evaluating each permit application in isolation. This decision is expected to have significant implications for future permit applications and may result in a more holistic approach to marshland protection.
Looking ahead, stakeholders should be aware of potential regulatory changes and policy shifts that may affect the implementation of the Georgia Coastal Marshlands Protection Act. The Georgia Department of Natural Resources is currently in the process of reviewing and updating its marsh buffer guidance, which could lead to changes in how the Act's buffer requirements are interpreted and enforced.13 Additionally, there is ongoing discussion among policymakers and environmental rather than evaluating each permit application in isolation. This decision is expected to have significant implications for future permit applications and may result in a more holistic approach to marshland protection.
Looking ahead, stakeholders should be aware of potential regulatory changes and policy shifts that may affect the implementation of the Georgia Coastal Marshlands Protection Act. The Georgia Department of Natural Resources is currently in the process of reviewing and updating its marsh buffer guidance, which could lead to changes in how the Act's buffer requirements are interpreted and enforced.13 Additionally, there is ongoing discussion among policymakers and environmental groups about the need for increased funding and resources for marshland conservation and restoration efforts.
To stay informed about these developments, stakeholders can monitor the Georgia Department of Natural Resources' website, particularly the Coastal Resources Division page, which provides updates on regulatory changes, public meetings, and other relevant information.14 Joining the department's mailing list and following its social media accounts can also help stakeholders stay up-to-date on the latest news and events related to the Georgia Coastal Marshlands Protection Act. Finally, engaging with industry associations, such as the Georgia Association of Water Professionals or the Georgia Chamber of Commerce, can provide valuable opportunities for networking, information sharing, and advocacy on issues related to coastal marshland protection.
Additional Resources
Georgia Coastal Marshlands Protection Act Full Text
REFERENCES
O.C.G.A. § 12-5-282(3), https://law.justia.com/codes/georgia/2019/title-12/chapter-5/article-4/part-4/section-12-5-282/ ↩
O.C.G.A. § 12-5-286(a)(1), https://law.justia.com/codes/georgia/2019/title-12/chapter-5/article-4/part-4/section-12-5-286/ ↩
O.C.G.A. § 12-5-286(a)(2), https://law.justia.com/codes/georgia/2019/title-12/chapter-5/article-4/part-4/section-12-5-286/ ↩
O.C.G.A. § 12-5-286(a)(3), https://law.justia.com/codes/georgia/2019/title-12/chapter-5/article-4/part-4/section-12-5-286/ ↩
O.C.G.A. § 12-5-282, https://law.justia.com/codes/georgia/2019/title-12/chapter-5/article-4/part-4/section-12-5-282/ ↩
O.C.G.A. § 12-5-286, https://law.justia.com/codes/georgia/2019/title-12/chapter-5/article-4/part-4/section-12-5-286/ ↩
O.C.G.A. § 12-5-288, https://law.justia.com/codes/georgia/2019/title-12/chapter-5/article-4/part-4/section-12-5-288/ ↩
O.C.G.A. § 12-5-291, https://law.justia.com/codes/georgia/2019/title-12/chapter-5/article-4/part-4/section-12-5-291/ ↩
Official Code of Georgia Annotated (O.C.G.A.) § 12-5-280 et seq., "Coastal Marshlands Protection Act of 1970," https://law.justia.com/codes/georgia/2020/title-12/chapter-5/article-4/ ↩
Georgia Department of Natural Resources, Coastal Resources Division. ↩
Ga. L. 2018, p. 178, § 1/HB 657 ↩
Coastal Marshlands Prot. Comm. v. Ctr. for a Sustainable Coast, Inc., 843 S.E.2d 781 (Ga. 2020) ↩
Georgia Department of Natural Resources. (n.d.). Coastal Resources Division https://coastalgadnr.org/ ↩
A Note to Our Readers: We hope this guide is a valuable resource in helping you better understand the Georgia Coastal Marshlands Protection Act. However, it's not a substitute for professional advice and doesn't cover every scenario. Always consult with regulatory bodies and professionals for the most current advice and project-specific guidance.