09 SB
99/AP
Senate
Bill 99
By:
Senator Grant of the 25th
AS
PASSED
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 3 of Title 12 of the Official Code of Georgia
Annotated, relating to state parks and recreational areas generally, so as to
provide for permits for the construction and maintenance of boat shelters on
High Falls Lake; to provide for a transition period; to provide for a fee; to
provide for inspections; amend Code Section 52-7-13 of the Official Code of
Georgia Annotated, relating to boating safety zones, restrictions on use of
motors and operation of houseboats on certain lakes, and exceptions, so as to
prohibit operation of certain vessels on Lake Sinclair; to provide for
exceptions; to provide an effective date; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating
to state parks and recreational areas generally, is amended by revising Code
Section 12-3-34, relating to permits for construction, maintenance, and use of
boat docks on High Falls Lake, as follows:
"12-3-34.
(a)
The Department of Natural Resources is authorized to issue revocable permits for
the construction, maintenance, and use of boat docks
and boat
shelters on High Falls Lake by the owners
or lessees of private property abutting the high-water mark of such lake. Such
permits shall constitute limited revocable licenses. Such permits shall be
issued for periods of three years from the date of issuance and shall be
transferable;
provided, however, that in order to stagger the renewal periods, the department
is authorized to issue permits of one- or two-year duration with the fee
prorated appropriately. The fee for such
permit for each three-year period shall be fixed by rule or regulation of the
Board of Natural Resources in a reasonable amount not to exceed
$50.00
$75.00 for
boat docks and $75.00 for boat shelters.
The fees collected for such permits shall be miscellaneous funds for purposes of
use by the Department of Natural Resources pursuant to Code Section
12-3-2.
(b)
No person shall construct or maintain a boat dock
or boat
shelter below the high-water mark of High
Falls Lake without a valid permit from the Department of Natural Resources. It
shall be the duty of the owner of any
boat
dock or boat
shelter on High Falls Lake to keep such
dock or
shelter in good repair. All such
boat
docks and boat
shelters shall conform to standards for
construction, design, maintenance, and repair specified in rules and regulations
of the department and restrictions or conditions in the permit. It shall be the
duty of the owner of such
boat
dock or boat
shelter to remove any
such
dock or
shelter which is not in compliance with
such rules and regulations or permit.
(c)
It shall be the duty of the owner of any
boat
dock or boat
shelter or the holder of any permit issued
under this Code section to notify the department when he or she sells or
otherwise transfers the property for which the boat dock
or boat
shelter is permitted.
(d)
The department and any official or employee thereof is authorized to inspect any
boat dock or
boat shelter on High Falls Lake and to
remove or cause to be removed any such dock
or
shelter for which a permit is not in
effect or which violates the standards for construction, design, maintenance,
and repair or the permit conditions imposed by the department.
(e)
This Code section shall not affect the validity of any permit in effect on March
1, 1993, and the owners of docks for which such permits are in effect on March
1, 1993, may maintain such docks and enjoy the use thereof for the remainder of
the period for which such permits were issued, subject to the terms and
conditions thereof.
(f)(e)
The Board of Natural Resources is authorized to adopt rules and regulations
necessary or convenient to carry out this Code section and is authorized to
impose reasonable terms and conditions on the granting of permits and the
construction of boat docks
and boat
shelters on High Falls Lake by the owners
or lessees of private property abutting the high-water mark of such
lake.
(g)(f)
Any permit may be revoked by the department for any violation of this Code
section, any rule or regulation of the Board of Natural Resources, or any
condition contained in such permit."
SECTION
2.
Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to
boating safety zones, restrictions on use of motors and operation of
houseboats on certain lakes, and exceptions, is amended by revising
subsection (h) as follows:
"(h) The operation of any of the following vessels on Lake Burton, Seed
Lake, Lake Rabun, Lake Tugalo, Tallulah Falls Lake,
Lake
Sinclair, and Lake Yonah shall be
prohibited:
(1) Any motorized vessel greater than 30 feet six inches in length; except for
law:
(A)
Law enforcement, scientific
research,
or dam operation and maintenance craft;
or
(B)
Any vessel that was lawfully operated on Lake Sinclair immediately prior to the
effective date of this subparagraph and was as of such date included on the tax
roll of any county within which any part of such lake
lies; or
(2)
Any vessel equipped with any type of bypass mechanism that reduces or eliminates
the effectiveness of the muffler or baffler system required by Code Section
52-7-10."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.