PocketLaw | Georgia Code | Definitions; Anchorage Restriction Areas;

Definitions; Anchorage Restriction Areas; Permit Requirement for Long-Term Anchoring in Estuarine Areas; Short-Term Anchoring; Safe Harbor; Exceptions

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As used in this Code section, the term:
1. "Anchorage restriction areas" means areas within the estuarine areas of this state in any location that lies within 300 feet of a marina, 150 feet from a marine structure other than a marina, or within 500 feet of approved commercial shellfish growing areas and designated public harvest areas as determined by the department.
2. "Estuarine areas" means all tidally influenced waters, marshes, and marshlands lying within a tide-elevation range from 5.6 feet above mean tide level and below.
3. "Live-aboard vessel" means a floating vessel or other watercraft capable of safe navigation using mechanical means, sails, oars, or other means of propulsion which is utilized primarily as a residence.
4. "Long-term anchoring" means anchoring a vessel within a 5,280 foot radius of a documented anchoring point where a vessel is anchored for over 14 cumulative days in a calendar year.
5. "Marina" means a facility that provides fuel, public dockage, public dinghy access, sale of goods or merchandise, vessel maintenance, or other marine services.
6. "Marine structure" means a public or private dock, pier, bridge, or wharf. Marine structures include, but are not limited to, marinas, boat ramps, boatyards, or other vessel launching or loading facilities.
7. "Overnight" means all consecutive hours between the hours of 30 minutes after sunset and 30 minutes before sunrise.
8. "Short-term anchoring" means anchoring a vessel within a 5,280 foot radius of a documented anchoring point where a vessel is anchored for up to and including 14 cumulative days in a calendar year.
It shall be unlawful for any person to anchor any vessel overnight within the anchorage restriction areas. Nothing in this Code section shall prohibit the owner of a vessel from docking at a private recreational dock so long as such vessel is not utilized as a live-aboard vessel.
It shall be unlawful for any person to engage in long-term anchoring of a vessel in the estuarine areas of this state without having first obtained a long-term anchoring permit from the commissioner or his or her designee under such terms and conditions as the commissioner or his or her designee may prescribe.
Nothing in this Code section shall prohibit a person from engaging in short-term anchoring of a vessel in the estuarine areas of this state so long as such vessel is not anchored overnight within the anchorage restriction areas.
No part of this Code section shall restrict the ability of vessels to seek safe harbor in the event of dangerous weather or mechanical failure. A reasonable period of time whereby a vessel owner may seek safe harbor shall not exceed seven days.
Exemptions to the requirements in this Code section may be granted by the commissioner or his or her designee for unique circumstances such as, but not limited to, certain commercial or educational activities.

(Code 1981, §52-7-8.4, enacted by Ga. L. 2019, p. 741, § 1/HB 201; Ga. L. 2020, p. 48, § 1/HB 833; Ga. L. 2020, p. 493, § 52/SB 429.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2019, "mechanically" was substituted for "mechnically" in paragraph (b)(4).

Editor's notes.

- Ga. L. 2020, p. 493, § 54(e)/SB 429, not codified by the General Assembly, provides that: "In the event of a conflict between a provision in Sections 1 through 53 of this Act and a provision of another Act enacted at the 2020 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict."

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