Rule 391-5-12-.02 - Permits for New Docks(1)Permits. All required federal, state and local permits are to be obtained by the property owner.(2)Procedures. Guidelines and procedures for permits and specifications are available at the High Falls State Park office.(3)Eligibility. The owner of any contiguous parcel of private property abutting the high water mark of said lake, or the lessee of such parcel with the written consent of the owner, hereinafter referred to as the lakefront property owner and lessees may apply for a permit for one dock only per each single parcel as shown in the county's tax records.(4)Term. A permit shall be valid for a period of three years from January 1 of the year the permit is issued unless revoked or otherwise terminated in accordance with these rules. Upon the expiration of a permit, the permit holder may apply for a renewal permit which will be valid for 3 additional years. To foster administrative efficiencies, the Director of the Parks Recreation and Historic Sites Division, hereinafter referred to as Director, or designee may issue a onetime initial permit for less than 3 years; provided, said initial permit shall be pro-rated at a rate not to exceed 1/36th per month of the fee for a permit as established in 391-5-12-.02(5).(5)Fee. The fee for the issuance or transfer of a permit shall be defined by the Director of Parks not to exceed $50.00 per 3 year period.(6)Transfer of Permits. Within 120 days of the death of a permit holder, the termination of a lease of a permit holder or sale of lakefront parcel with a permitted dock, the successor in interest to such property or leasehold must apply for a transfer of the permit for the remainder of its unexpired term. Failure to comply with this requirement may result in the revocation of the permit.(7)Application. The Director of the Parks, Recreation and Historic Sites Division shall establish procedures for obtaining permits. The High Falls State Park Manager shall make available to lakefront property owners and lessees upon request copies of procedures and forms for obtaining permits. All required permits or licenses (Erosion and Sedimentation Act, 391-3-7 and any other applicable state, Federal or local ordinance) must be obtained by the applicant and attached to the application. Upon receipt of a completed application, the Director or designee shall issue or deny the issuance of the permit within a thirty-day period.(8)Revocation. The Department of Natural Resources may revoke any permit for failure or refusal to comply with these rules or the specific conditions and requirements of the permit and seek civil penalties under O.C.G.A. 12-3-11which carries a fine of $1,000.00.(9)Conditions, restrictions, and requirements for the continuation of permits.(a) The permit holder shall, at all times hereunder, operate and maintain said facilities: 1. In a safe condition which includes, but is not limited to, keeping walkways (if any), handrails (if any), decking, bracing, and pilings in good condition, replacing as necessary to assure safe use.2. In a presentable condition, which includes, but is not limited to, refraining from storing anything on the facility, removing regularly any visible trash or litter from the facility and, if the facility is painted, maintaining its paint in good condition. All loose or unsecured items shall be removed form the facility on a daily basis.(b) The permit holder shall display the Department-assigned dock number. High Falls State Park will provide sign specifications and details for permanent mounting.(c) The permit holder's facilities are subject at all times to inspection by representatives of the Department for compliance with these rules and any terms and conditions of the permit.Ga. Comp. R. & Regs. R. 391-5-12-.02
O.C.G.A. Sec. 12-3-34.
Original Rule entitled "Permits for New Docks" adopted as ER. 391-5-12-0.27-.02. F. Oct. 28, 1993; eff. Oct. 27, 1993, the date of adoption.Amended: Permanent Rule of same title adopted. F. May 5, 1994; eff. May 25, 1994.Repealed: New Rule of same title adopted. F. June 24, 2009; eff. July 14, 2009.