(1)
Purpose. The purpose of
these Rules is to implement the authority of the Board of Natural Resources to
promulgate rules and regulations to establish criteria under which the Shore
Protection Committee may issue authorizations to drive motor vehicles on
Georgia dynamic dune field and beaches consistent with the purposes of the
Shore Protection Act.
(2)
Definitions used in this rule.
(a) "Wet Sand Beach" means the area below the
high tide line that is covered with water when the tide is high during an
average high tide. The wet sand beach does not include the area where the dry
sand is covered with water during a spring or otherwise exceptionally high
tide.
(b) "Own or have an interest
in real property" means to hold fee simple title, to have a life estate or
other retained right, or to have a bona fide leasehold interest (other than a
usufruct) for a term of one year or more, individually or as a partner or
tenant in common, in and to a parcel of land. Own or have an interest in real
property shall not include holding a rental agreement, license, or other right
to use real property which does not constitute an interest in real property; in
addition, such term does not include holding an easement over or across a tract
of land. After the effective date of this section of this rule, such term shall
not include newly-created undivided interests smaller than one-fifth except if
created by inheritance or devise.
(3)
Authorizations.
(a) Authorizations to operate motor vehicles
on, over, or across the dynamic dune field or beaches, as provided by O.C.G.A.
12-5-248, shall be in accordance
with the following criteria.
1.
Authorizations may be issued only to those persons who have demonstrated to the
satisfaction of the Shore Protection Committee that they meet one or more of
the following criteria which justify driving on the beach when the Committee
has determined that the proposed driving on the beach is not inconsistent with
the public interest:
(i) are engaged in bona
fide educational activities or scientific research as such activities are
defined in O.C.G.A. Section
27-1-2(24) and
(62), or other bona fide educational
activities or scientific research, and that require beach driving;
(ii) are a legal resident or full-time
resident on the island for which the authorization is requested;
(iii) are involved in beach maintenance or
security which makes driving a vehicle necessary;
(iv) own or have an interest in real property
on the island in question, or are the spouses, parents, children,
grandchildren, and other lineal descendants (and their spouses) of such
individuals.
2.
Authorizations will be valid for five (5) years from the date of
issuance.
3. Authorizations are
non-transferable.
4. Authorizations
will be barrier island specific.
5.
Authorizations are issued to persons only, except as provided in paragraph 11
of this section, which covers General Authorizations provisions of the
rules.
6. Authorizations will be
issued only to persons with valid driver's licenses from the State of Georgia
or other state, nation, or territory, and authorizations must be in possession
of the person to whom the authorization was issued when that person is engaged
in beach driving.
7. Beach driving
during the period May 1 to October 31 shall be restricted to daylight hours
(1/2 hour before sunrise to 1/2 hour after sunset), except that authorizations
allowing beach driving at night during such time period only for the purposes
of scientific research, predator control, educational activities, or law
enforcement may be issued to persons engaged in such activities.
8. Driving shall be permitted only on the wet
sand beach, except and to the extent necessary to drive around a slough or
other impassable area on the beach. Access to the wet sand beach shall be from
access points as set forth in Appendix A, or from other Department-approved
access routes from the upland.
9.
Drivers shall minimize any disturbance of shorebirds, turtles or other wildlife
and shall avoid disturbance altogether if possible.
10. Drivers receiving authorizations will be
required to limit their speed to a maximum of 25 mph from August 1 through
March 31 and 20 mph from April 1 through July 31, except in the case of an
emergency. Nothing in these rules shall supersede any lower speed limit
established on any barrier island.
11. General Authorizations: The Shore
Protection Committee may grant a general beach driving authorization to a
governmental entity or island manager which will cover all those persons who
possess a valid driver's license and are under their employ or supervision and
who are engaged in bona fide research, beach cleanup, law enforcement, animal
control, resource management or beach maintenance activities during the time
they are engaged in these activities. In this instance, individual
authorizations will not be required provided the government entity or island
manager submits to the Shore Protection Committee, and revises from time to
time as appropriate, a list of the names of those individuals who will be
covered by a general authorization.
12. Applications: Applications for beach
driving authorization shall be made on forms provided by the Shore Protection
Committee whose address is One Conservation Way, Brunswick, GA
31520-8687.
13. Revocation of
Authorization: The Shore Protection Committee may revoke any authorization
issued for failure to comply with these rules and regulations or any other
rules and regulations promulgated under O.C.G.A. Title 12 Conservation and
Natural Resources or Title 27 Game and Fish.
14. Authorizations to drive on a beach shall
not be required during a medical, life-saving, or other emergency.
15. Nothing in these rules shall supersede
any ordinances which further restrict driving on the beach.
16. Any person who is aggrieved or adversely
affected by any order or action of the Shore Protection Committee may appeal as
provided in O.C.G.A.
12-5-244.
APPENDIX A
EXISTING BEACH ACCESS SITES FOR MOTOR VEHICLES ON ALL
BARRIER ISLANDS
Tybee Island - 8 sites:
1. 32.026074, - 80.85440
2. 32.020677, - 80.841897
3. 32.009207, - 80.840885
4. 32.007381, - 80.841133
5. 31.988713, - 80.847710
6. 31.987458, - 80.848989
7. 31.989780, - 80.852916
8. 31.993685, - 80.853925
Wassaw Island - 8 sites:
1. 31.988687, - 80.847676
2. 31.009243, - 80840786
3. 31.885429, - 80.961886
4. 31.871877, - 80.978499
5. 31.868440, - 80.982223
6. 31.865409, - 80.985146
7. 31.860399, - 80.989749
8. 31.862197, - 81.002351
Ossabaw Island - 3 sites:
1. 31.792999, - 81.053320
2. 31.785600, - 81.059209
3. 31.726108, -81.127790
St. Catherines Island - 2 sites:
1. 31.574974, - 81.159849
2. 31.596356, - 81.14977
Blackbeard Island - 2 sites:
1. 31.536435, - 81.202928
2. 31.480794, - 81.202232
Sapelo Island - 2 sites:
1. 31.431524, - 81.238369
2. 31.405821, - 81.257556
Little St. Simons Island - 4 sites:
1. 31.260636, - 81.273294
2. 31.249341, - 81.277909
3. 31.240672, - 81.285103
4. 31.228378, - 81.314572
Sea Island - 3 sites:
1. 31.204002, - 81.322251
2. 31.192733, - 81.335061
3. 31.176346, - 81.349613
St. Simons Island - 2 sites:
1. 31.144313, - 81.370264
2. 31.140149, - 81.377192
Jekyll Island - 2 sites:
1. 31.04519, - 81.409302
2. 31.025582, - 81.417810
Little Cumberland Island - 2 sites:
1. 30.960949, - 81.404948
2. 30.964806, - 81.423060
Cumberland Island - 8 sites:
1. 30.910029, - 81.403749
2. 30.886412, - 81.413119
3. 30.810618, - 81.445867
4. 30.786812, - 81.455557
5. 30.777787, - 81.457786
6. 30.771379, - 81.45869
7. 30.745572, - 81.458547
8. 30.725289, - 81.451715
