Rule 391-5-1-.06 - Facilities and Activities(1)General. State parks and historic sites will provide facilities that allow visitors a day use or overnight experience in a natural or historic environment consistent with the management and protection of the resource and the health, safety, and welfare of all persons using the site. The director shall determine which activities are appropriate to each site and establish terms and conditions for the use of site facilities by visitors. Such terms and conditions shall be made known to users of site facilities by signs, printed materials or other means designed to provide reasonable notice.(2)Fees. The director is authorized to establish and implement a schedule of reasonable fees for activities and the use and enjoyment of facilities at state parks and historic sites. Rates are established, and from time to time revised, by the director and made available at all sites, upon request. In establishing rates, the division shall consider the discount for certified disabled veterans provided for in the Official Code of Georgia Annotated Section 12-3-9.1. The director shall have the authority to waive the imposition of a fee in cases where he deems such waiver to be in the best interest of the division.(3)Reservations and Refunds. The director is authorized to establish terms and conditions for accepting reservations, collecting deposits and fees, setting check-in and check-out times and procedures, and making refunds for activities and facilities at state parks and historic sites. Such terms and conditions may vary from site to site and shall be made available at all sites, upon request.(4)Boating and Water Use Activities.(a) Boating. 1. The authority of the director to establish conditions for the use of site waters shall include, but is not limited to, limiting the type of vessels permitted, prohibiting the use of privately owned vessels, prohibiting the use of motors, or stipulating the type and power of motors permitted and the hours of their use. Conditions established by the director shall not be in conflict with the restrictions specified in the Official Code of Georgia Annotated, Section 12-3-10(e) through (h).2. All vessels using site waters shall be launched and removed at designated water access areas only. No privately-owned vessel shall be left unattended in site waters for longer than 24 hours without authorization from the site manager.3. No person, other than a licensed concessionaire or site associates shall rent, hire or operate for charge any vessel in any site. Nor shall any watercraft operating for hire or carrying passengers for a fee land, receive or discharge passengers at any dock, wharf or anchorage within the jurisdiction of the division, except by permit or concession agreement.4. No person shall operate any vessel in such a manner as to annoy, frighten or endanger other site visitors or users.5. No person, other than authorized site associates, law enforcement officers, or emergency rescue personnel, shall operate any vessel other than a float or inner tube in a site swimming area.6. The operation of vessels in waters administered by the U.S. Army Corps of Engineers or the U.S. Fish and Wildlife Service shall be in conformity with applicable federal laws and regulations.(b) Water Skiing.1. The towing of persons by vessels is prohibited, except in designated waters.2. Towing or being towed in channels or within 500 feet of areas designated as marinas, swimming beaches, or mooring areas, or within 100 feet of a person fishing or a diver's marker is prohibited.(c) Swimming. 1. No person shall swim, dive, snorkel, or wade in the waters of any site except in designated areas.2. All individuals in swimming areas shall comply with posted hours, conditions of use, and instructions given by authorized site associates.(d) SCUBA Diving. 1. No person shall SCUBA dive in the waters of any site except in designated areas, which shall not include areas reserved for swimming, docking, or mooring.2. All SCUBA divers must be in possession of a certification card and display a standard diver flag when diving.(e) Fishing. 1. No person shall fish within areas designated for swimming only.2. Site managers may prohibit fishing from boat docks or other areas to ensure the safety of those using site facilities.(5)Horseback Riding. (a) Horseback riding is prohibited except in specially designated sites and areas. In sites where riding is prohibited, horses must be confined to a trailer at all times.(b) Where permitted, horses shall be thoroughly broken, properly restrained and ridden with due care, and shall not be allowed to graze or go unattended, nor shall they be hitched to any rock, tree or plant.(6)Golf. No person shall play golf or drive, pitch, putt or otherwise strike a golf ball in any site except in designated areas and under conditions specified by the director.(7)Picnicking.(a) Picnicking is allowed, except in areas closed under Rule 391-5-1.03(2). The director may establish conditions for picnicking in areas where picnicking is allowed. Picnicking in violation of established conditions is prohibited.(b) Picnic areas shall not be used for purposes other than picnicking without authorization from the site manager.(c) Use of picnic area facilities including picnic shelters, grills, tables and benches is on a "first come, first served" basis. However, this practice shall not preclude the division from assigning or reserving these facilities for the use of particular persons or groups. No person or group shall use any picnic area, shelter, or facilities to the exclusion of other persons for an unreasonable time if facilities are crowded. The determination of what is unreasonable will be made by site associates based on the number of visitors waiting to use the picnic facilities.(8)Camping. No person shall erect any temporary shelter, such as a tent, of natural or synthetic material, or prepare a sleeping bag or other bedding material for the purpose of overnight occupancy in any site or bring into any site any movable structure or special vehicle to use for overnight occupancy without registering with site associates, paying the required camping fees, and complying with conditions of use as posted or provided by the site.(9)Games and Athletic Contests. No games or athletic contests are allowed in any site except in areas designated for such activities or under terms and conditions specified by the site manager. No games or athletic contests shall be engaged in or practiced for either material or financial gain, either directly or indirectly, and there shall be no commercialization or advertising by the participants.(10) Other recreational activities may be permitted when the director has determined that they do not:(a) have an undesirable impact on site resources;(b) threaten the health, safety, and welfare of persons using the site;(c) interfere with normal site usage or operations;(d) compromise the historic or natural character of the site;(e) cause unwarranted risk to participants due to the nature or the activity, inadequate equipment, lack of qualifications, or weather;(f) constitute a consumptive form of use;(g) take the form of special events; or(h) are not provided primarily for the benefit of spectators.Ga. Comp. R. & Regs. R. 391-5-1-.06
O.C.G.A. § 12-3-9.
Original Rule entitled "Facilities and Activities" adopted. F. Jun. 30, 1994; eff. July 20, 1994.Amended: F. June 8, 2021; eff. June 28, 2021.