The Coastal Resources Division (CRD) of the Department of Natural Resources (DNR) has recently sent proposed new regulations for administering the Coastal Marshlands Protection Act for public comment. You may view the proposed rules at: http://crd.dnr.state.ga.us/content/displaycontent.asp?txtDocument=1087.

CRD is also hosting public hearings this week where citizens can provide oral and written comment on the rules. We encourage you to attend these hearings and voice your support for protecting the marsh.

Jan. 9, 2007, 6:30 p.m.
Coastal Georgia Community College
Terrell Thomas Auditorium
3700 Altama Avenue
Brunswick, Ga.

Jan. 11, 2007, 6:30 p.m.
Armstrong Atlantic State University Center
13040 Abercorn Street
(across from Savannah Mall)
Savannah, Ga.

Written comments on the rules must be submitted by 4:30 p.m. on January 11 to:
Joani Crosby
Coastal Resources Division
One Conservation Way, Suite 300
Brunswick, Ga. 31520-8687

The proposed rules will be considered for adoption by the Board of Natural Resources at its meeting on Jan. 24, 2007 at 10:00 a.m., DNR Board Room, Suite 1252 East, 2 Martin Luther King, Jr. Drive, Atlanta.

The Georgia Conservancy is opposed to these rules because, based on three court decisions made during the last three years, we believe these rules will weaken the Coastal Marshlands Protection Act. We believe the rules should reflect the courts’ decisions, which would provide protection for the marsh consistent with the intent of the act. We also believe DNR should postpone the rulemaking at least until the Court of Appeals issues a decision in the most recent case, which should happen in the first six months of 2007. We believe the courts should settle the fundamental legal question of the jurisdiction of the Coastal Marshlands Protection Committee and that any rules promulgated by the Board of Natural Resources should be consistent with that determination.

In summary, we oppose the rules and we believe that:

1. Georgia has a healthy and productive marsh, which serves as a vital resource to the state and as a national treasure. We also have a strong law to protect the marsh that should remain strong.

2. The Board of Natural Resources should not try to change the law by passing a rule to weaken it.

3. The Board of Natural Resources should wait for the courts to clarify the legal issues and then draft rules based on the court decisions.

4. These rules also do not address the full scope of issues with coastal development. Other issues such as wastewater and habitat destruction also need to be addressed through rules under the Coastal Marshlands Protection Act. In addition, DNR needs to develop a comprehensive program to manage stormwater from mainland developments not subject to permitting under the Coastal Marshlands Protection Act but, nevertheless, presenting a possible marsh impact with their runoff upstream of the marsh.