Ga. Comp. R. & Regs. R. 391-2-3-.03 - Regulation of Marinas, Community Docks and Commercial Docks
(1)
Purpose. The purpose of these Rules is to implement the authority
of the Board of Natural Resources to promulgate rules and regulations for
permitting under and enforcement of the Coastal Marshlands Protection Act. This
Chapter establishes standards and procedures to be applied by the Coastal
Marshlands Protection Committee when reviewing applications for a permit to
construct or modify a marina, commercial dock, or community dock on or over
marshlands within the estuarine area of the state.
(2)
Definitions used in this
Rule.
(a) "303(d) listed stream" means
a stream, stream segment, or other surface waterbody identified on a list
submitted biannually to the U.S. Environmental Protection Agency by the Georgia
Environmental Protection Division, known as the 303(d) list. Inclusion on the
303(d) list denotes the waterbody segment as impaired because it does not meet
one or more designated uses (i.e. Fishing, Recreation, etc.) and for which one
or more total maximum daily loads needs to be developed.
(b) "Approved Disposal System" means an
on-site wastewater disposal system suitable for domestic or other sewage
approved by the Georgia Environmental Protection Division and/or local
sanitation regulatory authority, as applicable.
(c) "Commercial Dock" means a dock providing
500 linear feet or less of docking space for vessels inclusive of commercial
vessels.
(d) "Committee" means
Coastal Marshlands Protection Committee.
(e) "Community dock" means a dock providing
500 linear feet or less of docking space which is a subdivision or community
recreational amenity providing water access for residents, and which may or may
not entail a fee. A dock meeting this definition but providing more than 500
feet of docking space is treated as a marina, as defined in these
rules.
(f) "Department" means the
Georgia Department of Natural Resources.
(g) "Effective shading" means the amount of
shading realized by utilizing alternative walkway decking material or
alternative walkway design when compared to shading associated with traditional
planking construction.
(h) "Fixed
dock" means a dock, constructed on pilings, that is fixed in elevation, i.e.,
that does not float on the water.
(i) "Fixed terminal platform" means the
platform constructed on pilings at the terminal, waterward end of a
dock.
(j) "Floating dock" means a
dock that floats on the water to which watercraft are tied for
mooring.
(k) "Heritage preserve
marshlands "means those marshlands that have been dedicated as a heritage
preserve by the Governor pursuant to O.C.G.A.
12-3-75.
(l) "Impaired water" means a stream, stream
segment, or other surface waterbody that does not meet water quality standards
and that is identified in the most recent 303(d) list as an "Impaired Water.
"
(m) "Improvements" means
additions to or enhancements of raw land or structures that normally increase
its usefulness and/or value, which are constructed in accordance with
applicable legal requirements at the time of such construction and are intended
to remain attached to or associated with the project.
(n) "Manatee Basics for Boaters" means a 3'
by 4' manatee educational display sign referenced in certain leases or permits,
which contains standardized content pre-approved by the Wildlife Resources
Division Wildlife Conservation Section.
(o) "Manatee Travel Corridor" means
channel(s) or waterway(s) that manatees are known to frequent and/or travel
through, as determined by telemetry studies, aerial surveys and the Wildlife
Resources Division's Wildlife Conservation Section's public sightings
database.
(p) "Marina" means any
dock facility which has any one or more of the following:
1. Includes fueling, maintenance or repair
services (regardless of dock length);
2. Is greater than 500 linear feet of dock
space; or
3. Has dry storage for
boats in an upland storage yard or vertical rack system.
(q) "Minor alteration" means any change in
the marshlands which taken singularly or in combination with other changes,
involves less than 0.10 acres.
(r)
"Model Ordinance within the Guide for Molluscan Shellfish Control in the
National Shellfish Sanitation Program" means the requirements which are
minimally necessary for the sanitary control of molluscan shellfish, as
established by the National Shellfish Sanitation Program, a voluntary and
cooperative program established in 1925 and comprised of federal, state and
municipal authorities and representatives of the shellfish industry.
(s) "Modification" means a structural change
to a community dock, commercial dock, or marina facility, whether existing but
not permitted, existing and permitted, or permitted and yet to be
constructed.
(t) "Project" means
the proposed construction or maintenance activity identified in an application
for a marshlands permit within the contemplation of the Coastal Marshlands
Protection Act. A project may consist of two components: a marshlands component
and an upland component, as defined in Rule
391-2-3-.02(1).
(u) "Tier One Community Crab Dock" means a
community dock consisting of a single fixed walkway and an "L" or "T" shaped
fixed terminal platform, supported on pilings, lacking floats, and from which
water dependent activities such as fishing may be conducted.
(v) "Tier Two Community Dock" means a
community dock consisting of a single fixed walkway and terminal fixed
platform, supported on pilings, connecting ramp(s), and floating dock(s), and
from which water dependent activities such as boating and fishing may be
conducted.
(w) "Tier Three
Community Dock" means a community dock consisting of a single fixed walkway and
terminal fixed platform, supported on pilings, connecting ramp(s), and floating
dock(s), and which does not qualify under a Tier One Community Crab Dock or a
Tier Two Community Dock, and from which water dependent activities such as
boating and fishing may be conducted.
(3)
Tier One Community Crab
Dock.
(a) To qualify for the permitting
procedures as set out in paragraph (c) below, a proposed Tier One Community
Crab Dock project must comply with the following standards or conditions:
1. There shall be no improvements on the
upland component of the project, other than for pedestrian access to the marsh
component and driveways and parking area landward of the 50' marshlands buffer,
all of which must be pervious.
2.
The community dock must be for water-dependent activities that access a channel
with defined banks and not ponded areas or mudflats.
3. The community dock must terminate at the
first channel that is 10 feet wide grass to grass.
4. If the community dock walkway spans a
tributary that can be bridged (a tributary less than 10 feet wide), it must
have a minimum clearance of six feet above the mean high water line to the
bottom of the walkway bridge. Piling spacing must provide for safe navigation
in the channel.
5. A single "L" or
"T" shaped fixed terminal platform up to 180 square feet is allowed.
6. The width of the fixed terminal platform
may not exceed 6 feet.
7. The fixed
terminal platform may not extend more than one-third of the width of the creek
at mean high water.
8. The fixed
terminal platform may not be enclosed but may be covered and screened with
wainscoting not higher than three feet.
9. The fixed terminal platform may be roofed;
provided, however, the roof may not exceed a maximum height of 12 feet above
the fixed terminal platform decking at the lowest deck height.
10. A second deck, attic, or ceiling storage
is not allowed on any roofed section of the fixed terminal platform.
11. The community dock walkway may not exceed
4 feet in width and may not exceed 500 feet maximum length. The walkway is
measured from the delineated marshlands jurisdiction line as determined or
verified by the Department, channelward to the fixed terminal
platform.
12. The community dock
walkway decking shall be of same material for its entire length, and
standardized materials must be used when grating is used.
13. The community dock walkway must be
constructed at a height above all vegetation, but not more than six feet above
grade.
14. No floating dock or
docks are allowed as part of the marshland component of the project.
15. No hoists or lift davits are allowed as
part of the marshland component of the project.
16. No boats are allowed except for kayaks
and canoes.
17. The community dock
may not have fish cleaning stations, restrooms, retail or commercial
activity.
18. Lighting if used must
be shielded and on a timer.
19. No
dredging is allowed in association with the community dock project.
20. The community dock may not be located in
heritage preserve marshlands.
21.
The applicant must operate and maintain the dock in a manner that will not
unreasonably obstruct navigation to and from neighboring properties.
(b) Professional drawings of the
project are required to be submitted as a part of the application. The drawings
must be stamped by a Registered Land Surveyor, Professional Engineer, or
Architect licensed to do business in Georgia.
(c) Upon receipt of a substantially complete
project application and application fee, an abbreviated review and processing
period shall apply.
1. Staff to the Committee
shall have 21 days to review the project permit application.
2. The Committee shall provide Public Notice
of the application for 15 days.
3.
Upon a determination that the project application is complete (including staff
review and public notice) and the project meets all requirements of the Coastal
Marshlands Protection Act and these rules, the Commissioner may issue a Coastal
Marshlands Protection Act permit unless a Committee member requests the
application be brought to a Coastal Marshlands Protection Committee meeting for
broader consideration.
4. Provided
the project application is not called to a Coastal Marshlands Protection
Committee meeting, total processing time of a Tier One Community Crab Dock
shall not exceed 45 days following a preliminary determination by staff of
completeness.
(d) No
construction or alteration of a Tier One Community Crab Dock may commence until
the expiration of 30 days following the date on which the application is
approved; provided, however, that if a timely appeal is filed, no construction
or alteration may commence until all administrative and judicial proceedings
are terminated.
(e) The
applicant/permittee must demonstrate the capacity to establish sufficient power
and authority to enforce the conditions of the permit.
(f) Any modification to a Tier One Community
Crab Dock is subject to review pursuant to the appropriate Tier
criteria.
(g) If a proposed project
does not qualify as a Tier One Community Crab Dock the application will be
processed using the review and processing protocol for a Tier Two Community
Dock, Tier Three Community Dock and Commercial Dock, or Marinas, using the
lowest tier review and processing protocol for which the proposed project meets
the standards. An application for multiple dock structures automatically
defaults to the review and processing protocol for a Tier Three Community Dock
and Commercial Dock.
(h) Permittee
must provide a post-construction survey that locates the Tier One Community
Crab Dock as indicated in the application materials. Such survey shall comply
with the Georgia Plat Act, O.C.G.A. Sec.
15-6-67 et
seq.
(4)
Tier Two
Community Dock.
(a) To qualify for the
permitting procedures as set out in subparagraph (c) below, a proposed Tier Two
Community Dock project must comply with the following standards or conditions:
1. The upland component of the project is
limited to pedestrian access and pervious parking landward of the 50' marshland
buffer.
2. There shall be no
commercial activity at the community dock.
3. The community dock shall provide mooring
space on a first come, first served basis and is open to all in the community
served by the dock.
4. The
community dock does not require a water bottoms lease, i.e., the dock has 500
linear feet or less of mooring space.
5. The community dock walkway shall not
exceed 6 feet in width, 750 feet in length, and 3,000 square feet of effective
shading impact. The walkway is measured from the delineated marshlands
jurisdiction line as determined or verified by the Department, channelward to
the fixed terminal platform.
6. The
community dock walkway decking shall be of same material for its entire length,
and standardized materials must be used when grating is used.
7. The community dock walkway must be
constructed at a height above all vegetation, but not more than six feet above
grade.
8. The community dock must
be for water-dependent activities that access the first channel with defined
banks and not ponded areas or mudflats.
9. The creek on which the community dock is
located must be a minimum of 25 feet in width mean low water to mean low
water.
10. A community dock located
in a creek 25 feet to 39 feet width mean low water to mean low water may occupy
a maximum of one-fourth of the creek width mean low water to mean low
water.
11. A community dock located
in a creek 40 feet wide or greater mean low water to mean low water may occupy
a maximum of one-third of the creek width mean low water to mean low
water.
12. If the community dock
walkways pans a tributary that can be bridge d (a tributary less than 10 feet
wide, grass to grass), it must have a minimum clearance of six feet above the
mean high water line to the bottom of the walkway bridge. Piling spacing must
provide for safe navigation in the channel.
13. The community dock may have a single
fixed terminal platform at the end of the walkway, which is limited to a
maximum of 400 square feet, including screened and/or roofed
sections.
14. The fixed terminal
platform or floating docks shall not be constructed over vegetation.
15. The fixed terminal platform may not be
enclosed but may be covered and screened with wainscoting not higher than three
feet.
16. The fixed terminal
platform may be roofed; provided, however, the roof may not exceed a maximum
height of 12 feet above the fixed terminal platform decking at the lowest deck
height.
17. A second deck, attic,
or ceiling storage is not allowed on any roofed section of the fixed terminal
platform.
18. The community dock
may have floating docks, which shall be limited in size to that which is
reasonable for the documented, intended use, not to exceed 800 sq. feet maximum
floating dock structure. Documentation of need must be submitted to justify the
size of the proposed floating dock.
19. Floating docks may not rest on the water
bottom at low tide and must be supported on pilings or by cradle at least two
feet above the mud.
20. No fish
cleaning station, fueling, restrooms, pump-out, or retail activities are
allowed.
21. No dredging is allowed
in association with the community dock project.
22. Lighting if used must be shielded and on
a timer.
23. The community dock may
not be located in heritage preserve marshlands.
24. The community dock or its operation shall
not cause or create a measurable adverse water quality impact to the waterbody
in which it is built, as measured by dissolved oxygen, fecal bacteria, or
nutrient enrichment. At a minimum, the community dock must not be in a body of
water listed on Georgia EPD's most recent 303(d) list as an "Impaired
Water."
25. If the Department
determines through its own water quality sampling or other resource analyses
that there are environmental impacts of concern associated with the project,
the Department may require the applicant/permittee at the applicant/permittee's
expense, to have water, substrate, and/or tissue samples collected and analyze
d for metals, petroleum hydrocarbons, or other constituents.
(i) Sample collection and analyses must be
according to methods approved by the Department.
(ii) All results from such sampling results
must be provided to the Department as obtained and may be used by the
Department to further restrict the dock to reduce water quality
impacts.
26. The
permittee must operate and maintain the dock in a manner that will not
unreasonably obstruct navigation to and from neighboring properties.
27. The applicant/permittee must post
temporary manatee awareness signage during construction of the facility and
permanent posting and maintenance of the informational display signage,
"Manatee Basics for Boaters" post-construction.
(b) Professional drawings of the project are
required to be submitted as a part of the application. The drawings must be
stamped by a Registered Land Surveyor, Professional Engineer, or Architect
licensed to do business in Georgia.
(c) Upon receipt of a substantially complete
Tier Two Community Dock project application and application fee, an abbreviated
review and processing period shall apply.
1.
Staff to the Coastal Marshlands Protection Committee shall have 60 days to
review the project permit application.
2. The Committee shall provide Public Notice
of the application for 15 days, which period shall be concurrent with the staff
review.
3. Staff to the Coastal
Marshlands Protection Committee shall have 15 days to review the public comment
received.
4. If the Tier Two
Community Dock project is a minor alteration, Committee members shall have 10
days to request broader consideration of the project at a meeting of the
Coastal Marshlands Protection Committee.
(i)
Upon a determination that the project application is complete (including staff
review and public notice) and the project meets all requirements of the Coastal
Marshlands Protection Act and these rules, the Commissioner may issue a Coastal
Marshlands Protection Act permit for a Tier Two Community Dock which is a minor
alteration unless a Coastal Marshlands Protection Committee member requests
that the project be heard at a Coastal Marshlands Protection Committee meeting
for broader consideration.
(ii) If
no Committee member requests the application receive broader consideration at a
Coastal Marshlands Protection Committee meeting, the application shall be
processed to the Commissioner of Natural Resources for his review and action
within 15 days.
(iii) Provided the
project application is not called to a Coastal Marshlands Protection Committee
meeting, total processing time of a Tier Two Community Dock shall not exceed
115 days following a preliminary determination by staff of
completeness.
5. Upon
determination that a Tier Two Community Dock project application that is not a
minor alteration is complete (including staff review and public notice), the
project application shall be placed on the meeting agenda of the Coastal
Marshlands Protection Committee.
6.
If a second public notice is issued, an additional 15 days would be added to
the processing time.
(d)
No construction or alteration of a Tier Two Community Dock may commence until
the expiration of 30 days following the date on which the application is
approved; provided, however, that if a timely appeal is filed, no construction
or alteration may commence until all administrative and judicial proceedings
are terminated.
(e) The "Minor
Alteration" acreage provision of the Coastal Marshlands Protection Act shall
not take into consideration any reduction in acreage calculation for the
effective shading impact reduction attributable to alternative walkway decking
material or alternative walkway design.
(f) The applicant/permittee must demonstrate
the capacity to establish sufficient power and authority to enforce the
conditions of the permit.
(g) Any
modification to a Tier Two Community Dock is subject to review pursuant to the
appropriate Tier criteria.
(h) If a
proposed project does not qualify as a Tier Two Community Dock the application
will be processed using the review and processing protocol for a Tier Three
Community Dock and Commercial Dock, or Marinas, using the lowest tier review
and processing protocol for which the proposed project meets the standards. An
application for multiple dock structures automatically defaults to the review
and processing protocol for a Tier Three Community Dock and Commercial
Dock.
(i) Permittee must provide a
post-construction survey that locates the Tier Two Community Dock as indicated
in the application materials. Such survey shall comply with the Georgia Plat
Act, O.C.G.A. Sec.
15-6-67 et
seq.
(5)
Tier Three
Community Dock or Commercial Dock.
(a)
To qualify for the permitting procedures as set out in subparagraph (d) below,
a proposed Tier Three Community Dock or Commercial Dock project must comply
with the following standards or conditions:
1. The community dock walkway or commercial
dock walkway shall not exceed 6 feet in width, 1,000 feet in length, and not
exceed 3,000 square feet of effective shading impact. The walkway is measured
from the delineated marshlands jurisdiction line as determined or verified by
the Department, channelward to the fixed terminal platform.
2. The Coastal Marshlands Protection
Committee may provide for an exception to the limitations on maximum walkway
length and square footage. Documentation of need must be submitted to justify
an exception, which shall be granted or denied in the sole discretion of the
Committee.
3. The community dock or
commercial dock walkway decking shall be of same material for its entire
length, and standardized materials must be used when grating is used.
4. The community dock or commercial dock
walkway must be constructed at a height above all vegetation, but not more than
six feet above grade.
5. If the
community or commercial dock walkway spans a tributary that can be bridged (a
tributary less than 10 feet wide, grass to grass), it must have a minimum
clearance of six feet above the mean high water line to the bottom of the
walkway bridge.
6. The fixed
terminal platform may not be enclosed but may be covered and screened with
wainscoting not higher than three feet.
7. A second story or deck is not allowed on
any roofed section of the fixed terminal platform.
8. Floating docks may not rest on the
waterbottom at low tide and must be supported on pilings or by cradle at least
two feet above the mud.
9. No
dredging is allowed in association with the initial community or commercial
dock project.
10. The applicant
must operate and maintain the dock in a manner that will not unreasonably
obstruct navigation to and from neighboring properties.
11. The community dock or its operation shall
not cause or create a measurable adverse water quality impact to the waterbody
in which it is built, as measured by dissolved oxygen, fecal bacteria, or
nutrient enrichment.
12. If the
Department determines through its own water quality sampling or other resource
analyses that there are environmental impacts of concern associated with the
project, the Department may require the applicant/permittee at
applicant/permittee's expense, to have water, substrate, and/or tissue samples
collected and analyzed for metals, petroleum hydrocarbons, or other
constituents.
(i) Sample collection and
analyses must be according to methods approved by the Department.
(ii) All results from such sampling results
must be provided to the Department as obtained and may be used by the
Department to further restrict the dock to reduce water quality
impacts.
13. The
applicant/permittee must post temporary manatee awareness signage during
construction of the facility and permanent posting and maintenance of the
informational display signage, "Manatee Basics for Boaters"
post-construction.
(b)
Professional drawings of the project are required to be submitted as a part of
the application. The drawings must be stamped by a Registered Land Surveyor,
Professional Engineer, or Architect licensed to do business in
Georgia.
(c) A needs assessment
must be submitted to justify the size of the proposed community dock or
commercial dock. The Coastal Marshlands Protection Committee may opt for phased
build out based on demonstrated need. If the permit requires a phased build out
based on demonstrated need, the permit may be extended for an additional five
years upon a showing that all due efforts and diligence have been made toward
completion of the phases authorized to date based on demonstrated
need.
(d) Upon receipt of a
substantially complete Tier Three Community Dock or Commercial Dock project
application and application fee, the application shall be reviewed and
processed subject to a higher degree of examination and scrutiny and longer
review times than a Tier One Community Crab Dock or a Tier Two Community Dock.
1. The Coastal Marshlands Protection
Committee shall provide Public Notice of the application for 30 days.
2. An application is complete when it
contains substantially all of the written information, documents, forms, fees,
and materials required by the Coastal Marshlands Protection Act, and such
additional information as is required by the Committee to properly evaluate the
application.
3. The Coastal
Marshlands Protection Committee shall act upon an application for a permit
within 90 days after the application is complete; provided, however, that this
provision may be waived upon the written request of the applicant.
(e) No construction or alteration
of a Tier Three Community Dock or Commercial Dock may commence until the
expiration of 30 days following the date on which the application is approved;
provided, however, that if a timely appeal is filed, no construction or
alteration may commence until all administrative and judicial proceedings are
terminated.
(f) The "Minor
Alteration" acreage provision of the Coastal Marshlands Protection Act shall
not take into consideration any reduction in acreage calculation for the
effective shading impact reduction attributable to alternative walkway decking
material or alternative walkway design.
(g) The applicant/permittee must demonstrate
the capacity to establish sufficient power and authority to enforce the
conditions of the permit.
(h)
Permittee must provide a post-construction survey that locates the Tier Three
Community Dock or Commercial Dock as indicated in the application materials.
Such survey shall comply with the Georgia Plat Act, O.C.G.A. Secs.
15-6-67 et
seq.
(6)
Marinas.
(a) The Coastal
Marshlands Protection Committee may issue a permit for a marina in accordance
with the requirements of the Coastal Marshlands Protection Act. Unless
otherwise determined by the Committee in accordance with subparagraph (h)
below, a marina must comply with the following standards or conditions:
1. The marina launch pier shall not exceed
1,000 feet in length. The marina launch pier is measured from the delineated
marshlands jurisdiction line as determined or verified by the Department,
channelward to the boat launching area.
2. The marina pedestrian walkway shall not
exceed 1,000 feet in length and shall not exceed 3,000 square feet of effective
shading impact. The walkway is measured from the delineated marshlands
jurisdiction line as determined or verified by the Department, channelward to
the fixed terminal platform.
3. The
Coastal Marshlands Protection Committee may provide for an exception to the
limitations on maximum marina launch pier length, and to the limitations on
marina pedestrian walkway length and square footage. Documentation of need must
be submitted to justify an exception, which shall be granted or denied in the
sole discretion of the Committee.
4. The marina may not be sited within 1,000
feet of waters classified as approved for shellfish harvesting by the Coastal
Resources Division, or located where its presence or operation would cause a
closing of waters classified for shellfish harvest based on the Model Ordinance
within the Guide for Molluscan Shellfish Control in the National Shellfish
Sanitation Program.
5. A marina to
be located on open water must be sited at the first navigable creek that has a
defined channel, adequate width and depth for the intended use, and established
history of navigational access or use.
6. Any marina component proposed to be
constructed on or over coastal marshlands must be for water dependent
activities. No restaurants or structures for non-water dependent uses may be
constructed on or over coastal marshlands.
7. Floating docks may not rest on the
waterbottom at low tide and must be supported on pilings or by cradle at least
two feet above the mud.
8. A marina
proposed to be located in a manatee travel corridor or on a waterway where
manatees may be found must have protective measures to minimize manatee/boat
interactions to include:
(i) An education
plan for boaters using the marina;
(ii) Regular monthly maintenance of dock
facilities' hoses, faucets, or any apparatus or equipment capable of producing
a stream of fresh water in close proximity to the access of the
facility;
(iii) A contingency plan
for emergency repair of freshwater sources;
(iv) Temporary manatee awareness signage
during construction of the facility and permanent posting and maintenance of
the informational display sign, "Manatee Basics for Boaters" post-construction;
and
(v) Speed zones may be required
if the marina is in a manatee travel corridor.
9. No dredging of tidal waterbottoms or
vegetated coastal marshlands is allowed in association with the initial marina
project.
10. If the marina could
require maintenance dredging in the future, a permanent, dedicated spoil site
with the capacity for the initial dredge volume and anticipated maintenance
needs must be identified at the time of application.
11. Dry boat storage is encouraged as a
supplement or alternative to in-water mooring, to the extent
feasible.
12. The marina should
provide onshore restrooms, shower, and laundry facilities in the upland
component of the project. The applicant/permittee must take specific measures
(such as, but not limited to, signs or dock regulations) to encourage boaters
to use the washrooms, laundromat, and restrooms onshore, if any.
13. A marina must have an approved disposal
system for disposal of wastewater generated by boats and upland facilities at
the marina.
14. A marina must
install, for collection of solid wastes, trashcans, dumpsters, or other
suitable containers in compliance with The Act to Prevent Pollution from Ships
(33 USCA
1901 and 33 CFR 158). Adequate separate
containers for toxic substances shall be available.
15. A marina shall not allow any person to
operate a marine toilet at a marina at any time so as to cause or permit to
pass or to be discharged into the waters adjacent to the marina any untreated
sewage or other waste matter or contaminant of any kind.
(i) A marina must have a working pump-out
facility and dockside wastewater collection system for sanitary wastes from
vessels, adequate for the capacity of the marina (number and size of vessels)
and require their use by boats using the marina, unless specific exceptions are
allowed by the Coastal Marshlands Protection Committee.
(ii) Pump-out facility maintenance logs must
be kept.
(iii) The marina must
prominently display signage showing the location of the nearest pump-out
facility.
16. The
Coastal Marshlands Protection Committee may permit marina fueling facilities
which conform to U.S. Environmental Protection Agency and GADNR Environmental
Protection Division laws and regulations, and which meet the following
requirements:
(i) Fuel storage tanks and fuel
lines between tank, dock, and vessels shall be equipped with emergency shut-off
valves.
(ii) Dispensing nozzles
shall be the automatic closing type without a hold-open latch.
(iii) A marina must have adequate booms
available either on-site or under contract to contain any oil spill.
(iv) The marina shall have a current
"Operations Manual" containing the following:
(I) Description of how the applicant meets
the conditions of this permit,
(II)
The geographic location of the dock,
(III) A physical description of the facility
showing mooring areas, fuel storage and dispensing areas, and locations of
safety equipment,
(IV) A
description and the location of each emergency shut-off system,
(V) The names and telephone numbers of the
facility, U.S. Coast Guard Marine Safety Office, Environmental Protection
Division Emergency Response Center, and other personnel who may be called by
employees of the facility in an emergency, including fire and police,
and
(VI) The names and telephone
numbers of available hazardous spill clean-up contractors nearest the
dock.
17. All
components of a marina must be designed, installed, operated and maintained in
a manner that will not unreasonably obstruct navigation to and from neighboring
properties.
18. The marina or its
operation shall not cause or create a measurable adverse water quality impact
to the waterbody in which it is built, as measured by dissolved oxygen, fecal
bacteria, or nutrient enrichment.
19. If the Department determines through its
own water quality sampling or other resource analyses that there are
environmental impacts of concern associated with the marina project, the marina
may be required to have at applicant's/permittee's expense, water, substrate,
and/or tissue samples collected and analyzed for metals, petroleum
hydrocarbons, or other constituents.
(i)
Sample collection and analyses must be according to methods approved by the
Department.
(ii) All results from
such sampling must be provided to the Department as obtained and may be used by
the Department to further restrict the dock to reduce water quality
impacts.
(b)
Professional drawings of the marina project are required to be submitted as a
part of the application. The drawings must be stamped by a Registered Land
Surveyor, Professional Engineer, or Architect licensed to do business in
Georgia.
(c) A needs assessment
must be submitted to justify the size of the proposed marina. The Coastal
Marshlands Protection Committee may opt for phased build out based on
demonstrated need. If the permit requires a phased build out based on
demonstrated need, the permit may be extended for an additional five years upon
a showing that all due efforts and diligence have been made toward completion
of the phases authorized to date based on demonstrated need.
(d) Upon receipt of a substantially complete
marina project application and application fee, the application shall be
reviewed and processed subject to a higher degree of examination and scrutiny
and longer review times than a Tier One Community Crab Dock or a Tier Two
Community Dock.
1. The Coastal Marshlands
Protection Committee shall provide Public Notice of the application for 30
days.
2. An application is complete
when it contains substantially all of the written information, documents,
forms, fees, and materials required by the Coastal Marshlands Protection Act,
and such additional information as is required by the Committee to properly
evaluate the application.
3. The
Coastal Marshlands Protection Committee shall act upon an application for a
permit within 90 days after the application is complete; provided, however,
that this provision may be waived upon the written request of the
applicant.
(e) No
construction or alteration of a marina may commence until the expiration of 30
days following the date on which the application is approved; provided,
however, that if a timely appeal is filed, no construction or alteration may
commence until all administrative and judicial proceedings are
terminated.
(f) The
applicant/permittee must demonstrate the capacity to establish sufficient power
and authority to enforce the conditions of the permit.
(g) Permittee must provide a
post-construction survey that locates the marina as indicated in the
application materials. Such survey shall comply with the Georgia Plat Act,
O.C.G.A. Secs.
15-6-67 et seq.
(h) Nothing in these rules shall be construed
to preclude the Committee from developing or issuing permits suitable to the
circumstances of a particular application.
(7)
Community Dock, Commercial Dock, or
Marina Modification.
(a) A permit
modification may be issued by the Committee in accordance with subparagraph (c)
below for a community dock, commercial dock, or marina modification that
complies with all the following standards or conditions:
1. The project modification entails no
improvements to the upland component of the project; and
2. The project is a modification or addition
to an existing dock facility permitted by the Coastal Marshlands Protection
Committee for water-dependent activities; and
3. The project modification involves less
than 0.1 acre of new impacts to coastal marshlands; and
4. The project modification will not affect a
change in use of the originally permitted community dock or marina;
and
5. The project modification
does not necessitate the issuance of an initial marina lease for the facility
undergoing modification; and
6. No
fueling is allowed in association with the community dock, commercial dock, or
marina modification; and
7. No fish
cleaning station may be located on or over coastal marshlands in association
with the community dock, commercial dock, or marina modification; and
8. No dredging is allowed in association with
the community dock, commercial dock, or marina modification.
(b) Professional drawings of the
project are required to be submitted as a part of the application. The drawings
must be stamped by a Registered Land Surveyor, Professional Engineer, or
Architect licensed to do business in Georgia.
(c) Upon receipt of a substantially complete
Community Dock, Commercial Dock, or Marina Modification project application and
application fee that meets the standards of subparagraph (a), above, an
abbreviated review and processing period shall apply.
1. Staff to the Committee shall have 21 days
to review the project permit application.
2. The Committee shall provide Public Notice
of the application for 15 days.
3.
Upon a determination that the project application is complete (including staff
review and public notice), the Commissioner may issue a Coastal Marshlands
Protection Act permit unless a Committee member requests the application be
brought to a Coastal Marshlands Protection Committee meeting for broader
consideration.
4. Provided the
project application is not called to a Coastal Marshlands Protection Committee
meeting, total processing time of a community dock modification, commercial
dock modification, or marina modification meeting the standards of subparagraph
(a), above, shall not exceed 45 days following a preliminary determination by
staff of completeness.
(d) No construction or alteration of a
community dock or marina modification may commence until the expiration of 30
days following the date on which the application is approved; provided,
however, that if a timely appeal is filed, no construction or alteration may
commence until all administrative and judicial proceedings are
terminated.
(e) The
applicant/permittee must demonstrate the capacity to establish sufficient power
and authority to enforce the conditions of the permit.
(f) Any modification not meeting the
standards of subparagraph (a) above, shall be reviewed and processed subject to
a higher degree of examination and scrutiny applying the standards and review
times of the tier that would apply if it were a new project.
(g) Permittee must provide a
post-construction survey that locates the Community Dock, Commercial Dock, or
Marina Modification indicated in the application materials. Such survey shall
comply with the Georgia Plat Act, O.C.G.A. Secs.
15-6-67 et.
seq.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.