Georgia Water/Laws/Right of Passage Act

Right of Passage Act, O.C.G.A. §§ 52-1-30 to 39

General Description

The Right of Passage Act prohibits residential development on the surface of Georgia rivers. The Georgia Board of Natural Resources has the authority to remove structures that are floating on or build in a river.

Public Right of Passage

The people have the right to passage on navigable rivers and streams that are big enough for boats. This right extends from bank to bank. A “navigable river” is defined as a stream or river that is capable of transporting boats loaded with freight.

Structures Affected by the Act

This Act applies primarily to residential structures that are built in the river and are either floating or on pilings. It does not apply to houseboats that are tied up at marinas but are capable of navigation. Commercial establishments are governed by the Coastal Marshland Protection Act.

References

• O.C.G.A. §§ 52-1-30 to 39