Altamaha Riverkeeper Challenges Georgia's New Marsh Rules

The Altamaha Riverkeeper (ARK) filed a legal challenge on November 25, 2009 in McIntosh County Superior Court against the Department of Natural Resource (DNR) Coastal Marshland Protection Committee's new Marsh Rules. The DNR enacted the Marsh Rules on October 28, 2009 through its Board of Natural Resources. The Marsh Rules are designed to establish standards and procedures for reviewing permit

applications to construct or modify a marina, commercial dock, or community dock on or over marshlands within the estuarine area.

The Coastal Resources Division (CRD) is charged with implementing the Marsh Act to ensure the values and functions of the coastal marshlands are not impaired. ARK challenges that rather than fulfilling the mandate, the rules fail to establish meaningful regulations and standards and facilitate the permitting process despite the growing evidence of harm to the marshes.

James Holland, the Altamaha Riverkeeper says, "Instead of basing the rules on scientifically defensible data and sound policy, the rules are arbitrary and designed to expedite the permit procedure in favor of development instead of marsh protection."

Holland cites specifics: The rules do not address the cumulative impact on the marsh of the massive increase in the number of docks nor address such fundamental issues as dock length, shading, marsh wrack accumulation, dock orientation, storm water discharges, salinity changes, or the creation of dead zones.