Georgia Water/Laws/Protection of Tidewaters Act

Protection of Tidewaters Act, O.C.G.A. §§ 52-1-1 to 10

General Description

The Protection of Tidewaters Act prohibits residential development on land under tidewaters. The Georgia Board of Natural Resources has the authority to remove residences that are located on tidewaters.

Tidewaters Defined

Tidewaters includes land on and near the coast where the tide rises and falls, including the sea, arms of the sea, and rivers affected by tide. State Ownership and Public Rights: The State of Georgia is the owner of the beds of all tidewaters in the state, and holds this title as trustee for the rights of the people. The people have the right to use tidewaters for fishing, passage, navigation, commerce, and transportation.

Structures Affected by the Act

This Act applies primarily to residential structures, but does not include houseboats that are tied up at marinas. Commercial establishments are governed by the Coastal Marshland Protection Act.

References

• O.C.G.A. §§ 52-1-1 to 10