Georgia Coastal Marshlands Protection Act Glossary: Key Terms & Definitions for Developers and Consultants

Georgia Coastal Marshlands Protection Act Key Terms & Definitions

Brackish Marsh: A type of marsh characterized by a mix of fresh and salt water, typically found in coastal areas where rivers meet the sea. These marshes are protected under the Georgia Coastal Marshlands Protection Act.1

Coastal Marshlands: 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. Coastal marshlands are the primary focus of protection under the Georgia Coastal Marshlands Protection Act.2

Coastal Marshlands Protection Committee: The committee established under the Georgia Coastal Marshlands Protection Act to oversee the permitting process for activities in coastal marshlands. The committee is responsible for reviewing permit applications and making decisions on whether to grant or deny permits.3

Cumulative Impacts: The combined effects of multiple activities or projects on the coastal marshlands over time. The Georgia Supreme Court has ruled that the Coastal Marshlands Protection Committee must consider cumulative impacts when evaluating permit applications.4

Dredging: The removal of sediment or other material from the bottom of a waterbody, often to maintain or improve navigation channels or to obtain fill material for construction projects. Dredging activities in coastal marshlands are regulated under the Georgia Coastal Marshlands Protection Act.5

Dynamic Dune Fields: Areas of shifting sand dunes along the coast that are subject to the Georgia Coastal Marshlands Protection Act. The act requires a permit for any activity that alters the natural topography or vegetation of a dynamic dune field.6

Estuarine Area: The area of the state extending from the seaward limit of Georgia's jurisdiction landward to the upper limit of the coastal marshlands, including without limitation coastal marshlands, publicly-owned tidal water bottoms, and salt marsh areas.7

Filling: The placement of soil, sand, gravel, or other material into a wetland or waterbody to create dry land or to raise the elevation of the bottom. Filling activities in coastal marshlands are regulated under the Georgia Coastal Marshlands Protection Act.8

Georgia Coastal Marshlands Protection Act (CMPA): A state law enacted in 1970 to protect Georgia's coastal marshlands from degradation and destruction due to human activities. The act requires a permit for any activity that may alter the marshlands, such as dredging, filling, or construction.9

Georgia Department of Natural Resources, Coastal Resources Division: The state agency responsible for administering and enforcing the Georgia Coastal Marshlands Protection Act. The Coastal Resources Division reviews permit applications, conducts inspections, and takes enforcement actions against violators.10

Intertidal Area: The area of the shore that is exposed at low tide and submerged at high tide. Intertidal areas are included in the definition of coastal marshlands under the Georgia Coastal Marshlands Protection Act.11

Littoral Area: The area of the shore that is washed by waves and tides. Littoral areas are included in the definition of coastal marshlands under the Georgia Coastal Marshlands Protection Act.12

Marshland: A wetland area dominated by grasses, rushes, reeds, or other herbaceous plants that are adapted to living in saturated soils. Marshlands are the primary focus of protection under the Georgia Coastal Marshlands Protection Act.13

Minor Alteration: An activity that does not significantly alter the natural topography or vegetation of a marshland area and that is exempt from the permitting requirements of the Georgia Coastal Marshlands Protection Act. Examples include the installation of docks or walkways that meet certain size and design criteria.14

Mud Flat: A level area of fine silt or clay along a shore that is alternately covered and uncovered by the tide. Mud flats are included in the definition of coastal marshlands under the Georgia Coastal Marshlands Protection Act.15

Permit: A written authorization issued by the Coastal Marshlands Protection Committee that allows a specific activity to be conducted in a coastal marshland area. Permits are required for any activity that may alter the marshlands, such as dredging, filling, or construction.16

Public Interest: The well-being of the general public, as opposed to the interests of a particular individual or group. The Georgia Coastal Marshlands Protection Act requires the Coastal Marshlands Protection Committee to consider the public interest when evaluating permit applications.17

Salt Marsh: A type of marsh that is regularly flooded by salt water from the tides. Salt marshes are characterized by salt-tolerant vegetation such as cordgrass and are protected under the Georgia Coastal Marshlands Protection Act.18

Tidal Water Bottom: The land underlying the waters of the tides, including the beds of rivers and streams that are affected by the tides. Tidal water bottoms are included in the definition of coastal marshlands under the Georgia Coastal Marshlands Protection Act.19

Tidewaters: Waters that are affected by the rise and fall of the tides, including both the waters of the ocean and the waters of rivers and streams that are subject to tidal influence. Tidewaters are included in the definition of coastal marshlands under the Georgia Coastal Marshlands Protection Act.20

Vegetation: The plants that grow in a particular area or habitat. The Georgia Coastal Marshlands Protection Act regulates activities that may alter the natural vegetation of coastal marshlands.21

Water Quality: The physical, chemical, and biological characteristics of water that determine its suitability for various uses, such as drinking, swimming, or supporting aquatic life. The Georgia Coastal Marshlands Protection Act seeks to protect water quality in coastal marshlands by regulating activities that may cause pollution or degradation.22

Wetland: An area of land that is saturated with water, either permanently or seasonally, and that supports a distinct ecosystem adapted to wet conditions. Coastal marshlands are a type of wetland that is protected under the Georgia Coastal Marshlands Protection Act.23

Footnotes

  1. O.C.G.A. § 12-5-282(3)

  2. O.C.G.A. § 12-5-282(3)

  3. O.C.G.A. § 12-5-283

  4. Coastal Marshlands Prot. Comm. v. Ctr. for a Sustainable Coast, Inc., 843 S.E.2d 781 (Ga. 2020)

  5. O.C.G.A. § 12-5-286(a)(1)

  6. O.C.G.A. § 12-5-286(a)(2)

  7. O.C.G.A. § 12-5-282(7)

  8. O.C.G.A. § 12-5-286(a)(1)

  9. O.C.G.A. § 12-5-280 et seq.

  10. O.C.G.A. § 12-5-285

  11. O.C.G.A. § 12-5-282(3)

  12. O.C.G.A. § 12-5-282(3)

  13. O.C.G.A. § 12-5-282(3)

  14. O.C.G.A. § 12-5-282(8)

  15. O.C.G.A. § 12-5-282(3)

  16. O.C.G.A. § 12-5-286(a)

  17. O.C.G.A. § 12-5-286(g)

  18. O.C.G.A. § 12-5-282(3)

  19. O.C.G.A. § 12-5-282(3)

  20. O.C.G.A. § 12-5-282(3)

  21. O.C.G.A. § 12-5-286(a)(2)

  22. O.C.G.A. § 12-5-281

  23. O.C.G.A. § 12-5-282(3)

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