Plan to cut dock charges assailed approved

Environmentalists say lower fees may cause an explosion of new docks.

February 5, 2006
By BRANDON LARRABEE, The Times-Union

ATLANTA -- A proposal to lower the fees owners of some publicly used docks pay to the state has drawn fire from environmental groups that say it could cause problems at coastal marshes and run afoul of the Georgia Constitution.

Currently, marina owners and others must pay the state an annual fee of $1,000 per acre when their docks cross coastal marshes. The fee applies to anyone who owns a dock that can be used by the public.

However, government agencies and non-profit organizations only pay $1 every 10 years for their leases, said Rep. Roger Lane, R-Darien, who sponsored the bill to lower the fees for other dock owners. Lane's proposal would lower the charge for other owners to $1 a year and eliminate a late fee.

He said the proposal is an attempt to recognize the benefits marinas bring to the public. And he said it's aimed at calming concerns among marina owners, who worry the Department of Natural Resources is about to start assessing leases based on a percentage of owners' income.

Currently, state law requires the department to charge "fair market value" for the lease.
But environmental groups are incensed by the proposal, saying it could lead to an explosion of new docks.

"It basically makes the use of public land for docks [to] become essentially free, "environmental lobbyist Neill Herring said. "This is obviously going to lead to a lot of abusive applications. ... You can expect not only more docks but longer docks."

Herring said that's a problem for two reasons. First, additional docks could make it more difficult for other citizens to enjoy waterways.

"You can't motorboat where there's a dock," he said.

Herring also said the shadows cast by docks can kill off vegetation that grows underneath.
Lane counters that the purpose of the fee isn't to regulate.

"We shouldn't be using this statute to control docks," he said.

The environmentalists also say the law could violate the gratuities clause of the Georgia Constitution, which bars the state from giving away valuable public properties or rights unless it has some public benefit.

"It's almost certain to be challenged if it passes," Herring said.

Lane said he is concerned about the gratuities clause and is examining the issue. But he added that he thought the public benefit of having more marinas could allow the proposal to stand up in court.