Category Archives: Law

What does perennial mean?

What does “perennial” mean in Georgia Mountain and River Corridor Protection Act, O.C.G.A. 12-2-8 (2010)?

According to Merriam-Webster:

Definition of PERENNIAL
1: present at all seasons of the year

For example, does the Alapaha River at Hotchkiss Landing often (if ever) go dry? No, there is pretty much always water there.

That Georgia state law, O.C.G.A. 12-2-8 (2010), has a more specific definition:

Continue reading

Perennial river corridors shall be protected –GA state law

Georgia state law requires local governments to protect a natural vegetative buffer 100 feet on each side of the stream banks of every perennial river corridor. The wording is “shall” as in “shall be protected”.

Georgia Mountain and River Corridor Protection Act, O.C.G.A. 12-2-8 (2010)

12-2-8. Promulgation of minimum standards and procedures for protection of natural resources, environment, and vital areas of state; stream and reservoir buffers

(g) The department shall, by January 1, 1992, promulgate the minimum standards and procedures for protection of river corridors referred to in subsection (b) of this Code section including, but not limited to, regulated activities within river corridor areas. In promulgating such standards, the department may classify river corridor areas and activities by type, size, and other factors relevant to the advancement of the policies and purposes of this Code section. Such standards shall include, but are not limited to, the following:

(1) Perennial river corridors shall be protected by the following criteria:

Continue reading

Blocked: Hotchkiss Landing closed by big blocks of concrete, October 2010

Why was a public road, Old State Road, blocked by concrete blocks from late 2010 through at least early 2012, right at Hotchkiss Landing on the Alapaha River in Lowndes County, Georgia?

According to two witnesses, this is what Old State Road at Hotchkiss Landing looked like shortly after the Lowndes County Commission decision of 26 October 2010 to keep the road open:

Seen from north side
Picture by Cactus Clyde on flickr, who wrote:
“Alapaha River a mile upstream pf the US84 bridge (on the Hotchkiss Road) east of Naylor, GA- river level 77.96′ at Statenville, GA on 12/11/11. No acces on the west side any longer- this was taken looking west.”

April Huntley says “It happened right after the decision to not close the road.” Chris Graham says this was “Few days after we won.” According to the date on that picture, the road was still blocked 11 December 2011.

Google Earth shows that same blockage for 14 January 2012 in imagery taken by NASA, and that’s also what the current google map shows:

Continue reading