Shore Protection Act(O.C.G.A. 12-5-230, et seq.)

Karl BurgessApril 5, 2011

Photo of Choice

Shore Protection Act of 1979

“The General Assembly finds and declares that coastal sand dunes, beaches, sandbars, and shoals comprise a vital natural resource system, known as the sand-sharing system, which acts as a buffer to protect real and personal property and natural resources from the damaging effects of floods, winds, tides, and erosion.”

“The General Assembly further finds that this sand-sharing system is a vital area of the state and is essential to maintain the health, safety, and welfare of all the citizens of the state.”

"Dynamic dune field" means the dynamic area of beach and sand dunes, varying in height and width, the ocean boundary of which extends to the ordinary high-water mark and the landward boundary of which is the first occurrence either of live native trees 20 feet in height or greater or of a structure existing on July 1, 1979.

The distance between jurisdiction points is to be a reasonable distance not to exceed 250 feet.

In determining what is a reasonable distance the following must be taken into consideration:

Topography Dune stability Vegetation Lot configuration

Existing structures Distance from the OHWM Other relevant information

Jurisdiction of the SPA

Permitting Issuing Authority of the SPA

“No person shall construct or erect any structure or construct, erect, conduct, or engage in any shoreline engineering activity or engage in any land alteration which alters the natural topography or vegetation of any area within the jurisdiction of this part, except in accordance with the terms and conditions of a permit therefor issued in accordance with this part. A permit may authorize the construction or maintenance of the project proposed in an application.”

Shore Protection Committee Consists of the Commissioner of

the DNR and Four DNR Board Appointed Members

Types of SPA Projects

1. Buildings or Land Alterations

2. Piers, Boardwalks, or Crosswalks

3. Shoreline Engineering Activities

Public Interest Test

In passing upon the application for a permit, the permit-issuing authority shall consider the public interest which for purposes of this part shall be deemed to be the following considerations:

1) Whether or not unreasonably harmful, increased alteration of the dynamic dune field or submerged lands, or function of the sand-sharing system will be created;

2) Whether or not the granting of a permit and the completion of the applicant's proposal will unreasonably interfere with the conservation of marine life, wildlife, or other resources; and

3) Whether or not the granting of a permit and the completion of the applicant's proposal will unreasonably interfere with reasonable access by and recreational use and enjoyment of public properties impacted by the project.

1. Names and addresses of the applicant2. A brief description of the project3. Construction methods4. Deed or other legal instrument and/or permission from owner 5. A plat showing the boundaries of the project6. Names and addresses of adjoining property owners7. A non-fundable application fee8. Site plans showing all existing and proposed structures9. A hurricane resistant statement from a GA registered

architect or engineer.10. Any and all other relevant data required by the permit-issuing

authority 11. A letter from the local zoning authority stating the proposal

does not violate any existing zoning law.12. A statement that the proposed project is not located on or

over any hazardous waste and/or landfill.

Examples of SPA Projects

Construction and Maintenance of a

Single-Family Residence and Landscaping

Tybee Island, Chatham County

Examples of SPA Projects

Approximately 3,093 square feet (15 %) of the state’s jurisdictional area is impacted by the building, porches, stairs and driveway. The landscaping plan includes native vegetation.

• Pool• Pool Deck• Recreational Building• Playground Area• Recreational Pathway• Terraces• Beach Access Crossover• Maintenance of Existing

Revetment• Landscaping

Of the 9.91-acre parcel, approx. 106,286 sq. ft. (2.44-

acres) fall within the jurisdiction of the Shore

Protection Act (SPA). Components of the Project:

St. Simons Island, Glynn County

Examples of SPA Projects

As permitted, the redesigned and additional improvements impact approx. 46,662 sq. ft. (1.07-acres) or 43.9% of the area within jurisdiction, leaving approx. 59,624 square feet (1.37-acres) or 56.1% to be retained and/or restored in a native vegetative and topographic condition.

Examples of SPA Projects

Trends Regarding SPA Projects

Fewer Ideal Locations for Development

Re-Development of Lots

Multi-Residential Development

Combining of Lots

Re-zoning

Dune Paths vs. Crosswalks

Community/Public Crosswalks vs. Private Crosswalks

Trimming for Habitat Enhancement

Restoration using Native Species

Elimination of Invasive Species