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post #30 of Old 11-03-2010
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Originally Posted by macattackga View Post
Coastal Marshlands Protection Act
O.C.G.A. 12-5-280 et. seq.
12-5-288. Restriction on granting of permit; size restriction; activities and structures considered contrary to public interest.
(a) If the project is not water related or dependent on waterfront access or can be satisfied by the
use of an alternative nonmarshland site or by use of existing public facilities, a permit usually
should not be granted pursuant to Code Section 12-5-286.
(b) The amount of marshlands to be altered must be minimum in size. The following activities
and structures are normally considered to be contrary to the public interest when located in
coastal marshlands but the final decision as to whether any activity or structure is considered to
be in the public interest shall be in the sound discretion of the committee:
(1) Filling of marshlands for residential, commercial, and industrial uses;
(2) Filling of marshlands for private parking lots and private roadways;
(3) Construction of dump sites and depositing of any waste materials or dredge spoil;
(4) Dredging of canals or ditches for the purpose of draining coastal marshlands;
(5) Mining;
(6) Construction of lagoons or impoundments for waste treatment, cooling, agriculture, or
aquaculture which would occupy or damage coastal marshlands or life forms therein;
(7) Construction of structures which constitute an obstruction of view to adjoining riparian
landowners, including signs and enclosures; and
(8) Occupying a live-aboard for more than 30 days during any calendar year; provided, however,
that the commissioner may grant extensions of time beyond 30 days to persons making a request
in writing stating the reasons for such extension. Owners of docks where live-aboards are
moored as well as owners and occupants of live-aboards are responsible under this part.

12-5-282. Definitions:
(8) 'Live-aboard' means a floating vessel or other water craft which is moored to a dock, tree, or
piling or anchored in the estuarine waters of the state and is utilized as a human or animal abode.
Live-aboards include but are not limited to monohulls, multihulls, houseboats, floating homes,
and other floating structures which are used for human or animal habitation.
I question the legality of that law. Sounds like something someone wrote with no scientific backing and without consideration of whether it would pass the federal courts. But who knows... I am not a lawyer. Yet it seems to me that a person has a right to live and survive. I don't remember in the constitution where it said that right was limited to those owning a house on land.


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