Form and Contents of Application for Permit

  1. Law
  2. Georgia Code
  3. Conservation and Natural Resources
  4. Water Resources
  5. Coastal Waters, Beaches, and Sand Dunes
  6. Shore Protection
  7. Form and Contents of Application for Permit

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All applications for permits required by this part must be on forms prescribed by the committee, 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 the 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 the owner's 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. 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 committee may condition the issuance of the permit on the requirement to obtain written permission from the state. 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 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. 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;
  8. Site plans for the proposed project site showing existing and proposed streets, utilities, buildings, and any other physical structures;
  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;
  10. Any and all other relevant data required by the committee for the purposes of ascertaining that the proposed improvements, activities, and uses will meet the standards of this part;
  11. 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 would not violate any zoning law; and
  12. A statement from the applicant that he or she 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.

(Code 1981, §12-5-238, enacted by Ga. L. 1992, p. 1362, § 1; Ga. L. 2019, p. 493, § 4/HB 445.)

The 2019 amendment, effective May 3, 2019, for purposes of promulgating rules and regulations and for all other purposes effective December 30, 2019, substituted "committee" for "permit-issuing authority" throughout this Code section; substituted "the owner's" for "his" near the end of the first sentence in paragraph (4); substituted the present provisions of paragraph (7) for the former provisions, which read: "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 $1,000.00 for any one proposal. If the committee is the permit-issuing authority, such fees shall be paid to the department;"; substituted "would not violate" for "is not violative of" near the end of paragraph (11); and inserted "or she" near the middle of paragraph (12).

Editor's notes.

- Ga. L. 2019, p. 493 § 10/HB 445, not codified by the General Assembly, provides: "This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for the purposes of promulgating rules and regulations necessary to administer the provisions of this Act and shall become effective on December 31, 2019, for all other purposes." The Act was approved by the Governor on May 3, 2019.

JUDICIAL DECISIONS

Sovereign immunity barred injunctive relief.

- In a suit brought by an organization seeking to enjoin the Georgia Department of Natural Resources from issuing letters of permission authorizing land alterations, the appellate court erred by reversing the dismissal of the organization's claim for injunctive relief because sovereign immunity barred injunctive relief against the state at common law and the plain language of the Shore Protection Act, O.C.G.A. § 12-5-245, did not provide for a specific waiver of governmental immunity. Ga. Dep't of Natural Res. v. Ctr. for a Sustainable Coast, Inc., 294 Ga. 593, 755 S.E.2d 184 (2014).

Cited in Rolleston v. State, 245 Ga. 576, 266 S.E.2d 189 (1980); Ctr. for a Sustainable Coast, Inc. v. Ga. Dep't of Natural Res., 319 Ga. App. 205, 734 S.E.2d 206 (2012).

RESEARCH REFERENCES

C.J.S.

- 39A C.J.S., Health and Environment, §§ 105, 131.


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