§ 54-35. Notice required.  


Latest version.
  • (a)

    All persons or firms harvesting standing timber in any unincorporated area of the county for delivery as pulpwood, logs, poles, posts or wood chips to any woodyard or processing plant located inside or outside this state shall provide notice of such harvesting operations to the county governing authority or the designated agent thereof prior to cutting any such timber.

    (b)

    (1)

    Prior written notice shall be required of any person or firm harvesting such timber for each separate tract to be harvested thereby, shall be in such form as prescribed by rules or regulations of the director of the state forestry commission, and shall consist of:

    a.

    A map of the area which identifies the location of the tract to be harvested and, as to those trucks which will be traveling to and from such tract for purposes of picking up and hauling loads of cut forest products, the main point of ingress to such tract from a public road and, if different, the main point of egress from such tract to a public road;

    b.

    A statement as to whether the timber will be removed pursuant to a lump sum sale, per unit sale, or owner harvest for purposes of ad valorem taxation under O.C.G.A. § 48-5-7.5;

    c.

    The name, address and daytime telephone number of the timber seller if the harvest is pursuant to a lump sum or per unit sale or of the timber owner if the harvest is an owner harvest; and

    d.

    The name, business address, business telephone number and nighttime or emergency telephone number of the person or firm harvesting such timber.

    (2)

    Notice may be submitted in person, by transmission of an electronic record via telefacsimile or such other means as approved by the governing authority or by mail.

    (3)

    Persons or firms subject to such notice requirement shall deliver a bond or letter of credit, in which case notice shall not be or remain effective for such harvesting operations unless and until the person or firm providing such notice has delivered to the governing authority or its designated agent a valid surety bond, executed by a surety corporation authorized to transact business in this state, protecting the county against any damage caused by such person or firm in an amount specified by the governing authority not exceeding $5,000.00 or, at the option of the person or firm harvesting timber, a valid irrevocable letter of credit issued by a bank or savings and loan association, as defined in O.C.G.A. § 7-1-4, in the amount of and in lieu of such bond. For purposes of this subsection, any such surety bond or letter of credit shall be valid only for the calendar year in which delivered.

    (4)

    Notice shall be effective for such harvesting operation on such tract within such unincorporated area of the county upon receipt of the same by the governing authority or its designated agent and compliance with the requirements of subsection (b)(3) of this section and until such time as the person or firm giving such notice has completed the harvesting operation for such tract; however, any subsequent change in the facts required to be provided for purposes of such notice shall be reported to the governing authority or its designated agent within three business days after such change.

    (5)

    Notice requirements shall be applicable to any timber harvested on or after the effective date of this section.

    (6)

    Violation of the notice requirements of this section shall be punishable by a fine not exceeding $500.00.

    (c)

    (1)

    The county shall not require any person or firm harvesting standing timber in the county for delivery as pulpwood, logs, poles, posts or wood chips to any woodyard or processing plant located inside or outside this state to provide any notice of or plan or security for such harvesting or hauling of forest products except as provided by this section.

    (2)

    The county shall not require any person or firm harvesting standing timber in the county for delivery as pulpwood, logs, poles, posts or wood chips to any woodyard or processing plant located inside or outside this state to obtain any permit for such harvesting or hauling of forest products, including, without limitation, any permit for any new driveway in connection with timber harvesting operations; however, this subsection shall not otherwise limit the authority of a county or municipality to regulate roads or streets under its jurisdiction in accordance with O.C.G.A. title 32.

State law reference

Similar provisions, O.C.G.A. § 12-6-24.