Compilation of Rules and Regulations of the State of Georgia
Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES
Chapter 391-5 - HISTORIC PRESERVATION
Subject 391-5-1 - STATE PARKS AND HISTORIC SITES SYSTEM
Rule 391-5-1-.04 - Resource Protection

Universal Citation: GA Rules and Regs r 391-5-1-.04

Current through Rules and Regulations filed through March 20, 2024

(1)Natural, Historic, and Archaeological Resources.

(a) Except as otherwise provided in this chapter, no person shall:
1. Willfully mark, deface, damage, displace, remove or tamper with any site building facility, bridge, table, bench, fireplace, railing, paving or paving material, water line or other utility, permanent or temporary sign, placard or notice, monument, stake, post, boundary marker, or other site structure, equipment, or property.

2. Walk or climb on or over or enter any building, structure, historic or archaeological resource or natural feature unless such activity is authorized or conducted by the site manager or division associates.

3. Toss, throw or roll rocks or other items inside or into caves, caverns, valleys, canyons, or gorges, or down hillsides or mountainsides.

4. Possess, catch, destroy, injure, deface, remove, dig, disturb, buy, sell, give to another or accept as a gift in or from any site:
(i) Living or dead mammals, birds, fish, amphibians or reptiles, or the parts or products thereof, such as nests, eggs, and antlers.

(ii) Plants or the parts or products thereof.

(iii) Paleontological specimens, geological or mineral resources or cave formations.

(iv) Historical structures, their furnishings or fixtures, or other cultural or archaeological resources.

This section does not apply to animals, birds, fish or plants taken in accordance with law and these rules or commercially purchased foodstuffs otherwise in compliance with law.

5. Introduce into any site any plant or animal species by willful abandonment, negligence or for any other reason without authorization of the director. Authorization shall be granted only in cases where the introduction can be shown to be beneficial to the site and in keeping with natural systems management principles.

6. Feed, touch, tease, frighten or intentionally disturb wildlife nesting, breeding or other activities.

7. Dress or butcher game animals, birds, or fish taken according to Title 27, Official Code of Georgia Annotated, except at facilities specifically designated for that purpose.

8. Ignite or attempt to ignite any fire except in places provided or designated for such purposes, under the continuous care and direction of a responsible person. All fires, matches, and smoldering material must be completely extinguished after use. During periods of high fire danger, the site manager may close all or a portion of a site to lighting or maintaining fires.

9. Use stoves or lanterns, except under conditions that may be established by the site manager.

10. Use or possess wood gathered in the site except dead and fallen wood gathered in an area designated by the site manager or salvaged by site associates as a result of natural causes or authorized construction. Such wood may be used only within the site as fuel in campfires or grills, unless its removal from the site is authorized in writing by the site manager.

12. Smoke in areas designated by the site manager as non-smoking areas.

13. Possess or use a mineral or metal detector, magnetometer, side scan sonar, subbottom profiler, or any other electronic device for the detection of metals, minerals, artifacts, or lost articles or for treasure hunting. This paragraph does not apply to:
(i) A device broken down and stored or packed to prevent its use while in site areas.

(ii) Electronic equipment used only for the navigation and safe operation of boats or the detection of fish.

(iii) Equipment used for authorized scientific or administrative activities.

14. The restrictions in this chapter do not apply to the properly authorized actions of contractors, concessionaires and associates of the department.

(b) The site manager may restrict hiking, pedestrian use, or water use activities to a designated trail or walkway system. Leaving a trail or walkway to shortcut between portions of the same trail or walkway, or to shortcut to an adjacent trail or walkway in violation of designated restrictions is prohibited.

(c) The site manager may designate certain fruits, berries, nuts, or pine needles which may be gathered by hand for personal use or consumption upon a determination that the gathering or consumption will not adversely affect site wildlife, the reproductive potential of a plant species, or otherwise adversely affect site resources. The site manager may limit the size and quantity of the natural products that may be gathered or possessed for this purpose or restrict their consumption to the site. The sale or commercial use of such products is prohibited.

(d) Collection of natural objects, including plant and animal life and minerals, and historical or archaeological artifacts for scientific and educational purposes may be permitted under conditions specified by the director. Specimen collection shall be permitted only for the purposes of understanding and managing site resources.

(2) Pets.

(a) Pets are allowed in sites only if kept on a leash not longer than six feet or confined to a cage, motor vehicle or trailer. Dogs are permitted in cottages designated by the director as "dog-friendly." Pets shall not be left unattended at any time or tied to any tree, plant, rock, site, structure, facility, or piece of camping equipment.

(b) Pets are not permitted in swimming areas, cottages other than those designated as "dog-friendly" by the director, lodges, any other site buildings, or areas closed to the possession of pets by the site manager. This section does not apply to guide animals assisting disabled persons.

(c) If a pet menaces site visitors or associates or makes noise that is unreasonable considering location, time of day or night, impact on site users, and other relevant factors, or frightens wildlife by barking, howling, or making other noise, the site manager or other associates may require the owner to remove the pet from the site.

(d) Pet owners must collect, remove and properly dispose of pet excrement.

(e) Pets or feral animals running-at-large that are observed by site associates in the act of killing, injuring, or molesting humans or wildlife may be destroyed if necessary for public safety or protection of wildlife or other site resources.

(f) The possession and use of horses is governed by Rule 391-5-1-.06(6).

(g) No other animal may be brought into a site except as part of a site-sponsored interpretive or educational program.

(h) This section does not apply to dogs used by authorized federal, state and local law enforcement officers in the performance of their official duties.

(3) Sanitation.

(a) Garbage, trash, rubbish, litter, or any other waste material or waste liquid generated on the site and incidental to authorized uses shall be either removed from the site or deposited in receptacles provided for that purpose. Improper disposal of such waste, human and animal waste included, on the site is prohibited.

(b) No household, commercial, or industrial garbage, trash, rubbish, debris, dead animals or litter of any kind brought from outside the site shall be disposed of in the site.

(c) The spilling, pumping or other discharge of contaminants, pollutants or other wastes, including, but not limited to, sewage, petroleum, industrial and commercial products and by-products on site lands or waters is prohibited.

(d) Bathing, or washing food, clothing, dishes, or other property at public water outlets, fixtures or pools, except at those designated for such purpose, is prohibited.

(4) Memorials.

(a) The scattering of human ashes from cremation is prohibited, except under conditions established by the site manager.

(b) The burial of human remains is prohibited except in existing cemeteries or burial grounds located within a site under conditions established by the director.

(c) The installation of a monument, memorial, tablet, structure, or other commemorative installation in a site without the authorization of the director is prohibited.

O.C.G.A. Sec. 12-3-9.

Disclaimer: These regulations may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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