Title 12, Chapter 5, Section 372
As used in this part, the term:
(1) "Board" means the Board of Natural Resources.
(2) "Commission" means the State Soil and Water Conservation
(3) "Construct" or "construction" means the building of any
artificial barrier, together with appurtenant works, for the
impoundment or diversion of water or liquid substances and shall
include any activity which, other than routinely as part of an
approved maintenance program, repairs or restores such artificial
barrier, or alters its design, shape, or structural
characteristics, and shall also include any enlargement of such
(4)(A) Except as otherwise provided in subparagraph (B) of this
paragraph, "dam" means any artificial barrier, including
appurtenant works, which impounds or diverts water and which:
(i) Is 25 feet or more in height from the natural bed of the
stream or watercourse measured at the downstream toe of the
barrier, or from the lowest elevation of the outside limit of
the barrier, if the barrier is not across a stream channel or
watercourse, to the maximum water storage elevation; or
(ii) Has an impounding capacity at maximum water storage
elevation of 100 acre-feet or more.
(B) The word "dam" shall not include:
(i) Any dam owned and operated by any department or agency of
the United States government;
(ii) Any dam constructed or financially assisted by the United
States Soil Conservation Service or any other department or
agency of the United States government when such department or
agency designed or approved plans and supervised construction
and maintains a regular program of inspection of the dam;
provided, however, that this exemption shall cease on November
1, 2000, only if funds are specifically appropriated on or
before November 1, 1995, for purposes of inspection,
reconstruction, and financial assistance with respect to such
dams in an appropriations Act making specific reference to
this division; otherwise this exemption shall cease on
November 1, 1995, for all such dams over which the supervising
federal agency has relinquished authority for the operation
and maintenance of such a dam to a person unless the
supervising federal agency certifies by said date and at least
biannually thereafter to the director that such dams are in
compliance with requirements of this part, including minimum
spillway design, and with the maintenance standards of the
supervising federal agency;
(iii) Any dam licensed by the Federal Energy Regulatory Commission, or for which a license application is pending with the Federal Energy Regulatory Commission; (iv) Any dam classified by the director as a category II dam pursuant to Code Section 12-5-375, except that such category II dams shall be subject to the provisions of this part for the purposes of said Code Section 12-5-375 and for the purposes of subsection (b) of Code Section 12-5-376; or
(v) Any artificial barrier which is not in excess of six feet
in height regardless of storage capacity, or which has a
storage capacity at maximum water storage elevation not in
excess of 15 acre-feet regardless of height.
(5) "Director" means the director of the Environmental Protection
Division of the Department of Natural Resources, or his designee.
(6) "Division" means the Environmental Protection Division of the
Department of Natural Resources.
(7) "Enlargement" means any change in or addition to an existing
dam or impoundment, which change or addition raises or may raise
the water storage elevation of the water impounded by the dam or
(8) "Impoundment" means the water or liquid substance that is or
will be stored by a dam and which may be commonly referred to as
(9) "Local unit of government" means a municipal corporation or
county, or any legal consolidation thereof.
(10) "Operate" or "operation" means the impoundment or diversion
of water or liquid substance by a dam.
(11) "Person" means any municipal corporation or county, or legal
consolidation thereof; individual; partnership; corporation; or
public or private authority and shall include the State of Georgia
and all its departments, boards, bureaus, commissions,
authorities, and any other agencies or instrumentalities.