|
(ARK Newsletter Winter 2005)
 Words can't describe the experience of
looking out on the undeveloped tidal marshlands
of the Georgia coast. People come here
to find respite and solitude from the busy
world. For decades, as our neighbors to the
north and south developed their coastlines
into masses of condominiums, waterfront
hotels, and businesses, Georgia's coastal
ecosystem was appreciated and highly valued
for its undeveloped expansive natural vistas.
Now in this place where space and tranquility
once reigned as the ultimate rejuvenation
for the soul, turmoil and adversity are
taking hold; Georgia's coastal marshlands are
under assault.
Widely considered to be the most important
marsh ecosystem remaining in the United
States, our marsh provides a nursery ground
for millions of organisms that make up the
food chain that produces our favorite seafood
delicacies. For years Georgia's waters,
murky from their yearly crop of decomposing
salt marsh grass or spartina were not as attractive
to developers as the blue ocean waters
above and below us. Our barrier islands,
detached from the mainland by miles of
marsh were difficult to access, making our
expansive beaches available only by boat or
extensive and expensive bridges.
In the late 60's and early 70's attempts to
develop several of Georgia's larger barrier
islands were thwarted and our leaders made
efforts to protect these priceless resources for
future generations. Public-spirited landowners
protected Ossabaw, Wassaw, Cumberland,
and Sapelo Islands through sale and donation
of their land to the state and federal government.
The Coastal Marshland Protection Act
(CMPA) was passed in l970 to protect our
coastal resources from manmade intrusions.
Many Georgians believe Georgia's coast
is a great place of peace and beauty and that
it should remain a magnificent and priceless
resource for generations to come. It should
also be protected by the CMPA.
The past few years on the Georgia coast
have proved to be a rude awakening. The
CMPA is being gutted through lack of
enforcement by the very state agencies
charged with protecting our marshlands for
the public interest. The state of Georgia is
spending thousands of taxpayer dollars to
defend the rights of private property owners
to develop the resources they are supposed to
protect.
Through continued advocacy and legal
actions, private citizens working through
non-profit organizations, are now forced to
take on the responsibility to uphold the law
and protect our marshland and water
resources. The Southern Environmental Law
Center (SELC) filed legal permit challenges
in 2001 (Emerald Pointe) and 2002 (Manhead
Marina) on behalf of ARK and other coastal
groups. These cases were filed after the
Coastal Marshland Protection Committee
(CMPC) granted permits for bridges and
docks in the marsh without considering
how
these developments would impact the marsh.
In both cases the courts supported the state's
responsibility to consider the impact of
upland development on the marsh before
granting permits.
|
|
| Help us to protect the environment! |
In 1970 the General Assembly of the
State of Georgia enacted the Coastal
Marshlands Protection Act of 1970 which
states:
The General Assembly finds and
declares that the coastal marshlands of
Georgia comprise a vital resource system.
It is recognized that the estuarine area of
Georgia is the habitat of many species of
marine life and wildlife and without the
food supplied by the marshlands, such
marine life and wildlife cannot survive.
The General Assembly further finds that
intensive marine research has revealed that
the estuarine marshlands of coastal
Georgia are among the richest providers of
nutrients in the world. Such marshlands
provide a nursery for commercially and
recreationally important species of shellfish
and other wildlife, provide a great
buffer against flooding and erosion, and
help control and disseminate pollutants.
Also, it is found that the coastal marshlands
provide a natural recreation
resource, which has become vitally linked
to the economy of Georgia's coastal zone
and to that of the entire state.
The General Assembly further finds that
this coastal marshlands resource system is
costly, if not impossible, to reconstruct or
rehabilitate once adversely affected by man
related activities and is important to conserve
for the present and future use and
enjoyment of all citizens and visitors to this
state.
The General Assembly further finds that
the coastal marshlands are a vital area of
the state and are essential to maintain the
health, safety, and welfare of all the citizens
of the state.
Therefore, the General Assembly
declares that the management of the
coastal marshlands has more than local
significance, is of equal importance to
ALL citizens of the state, is of state-wide
concern, and consequently is properly a
matter for regulation under the police
power of the state. The General Assembly
further finds and declares that activities
and structures in the coastal marshlands
must be regulated to ensure that the values
and functions of the coastal marshlands
are not impaired and to fulfill the
responsibilities of each generation as public
trustees of the coastal marshlands for
succeeding generations.
|
| Neighbors and advocacy groups continue
to come before the CMPC asking that new
projects not be allowed to destroy the character
of their existing neighborhoods.
Meanwhile developers say their projects have
to be closer to the water and have smaller lots
to achieve their profit margin. Very often,
over the objections of existing residents and
advocacy groups, the new developers are
granted permits.
In community after community, the rights
of developers are trumping the rights of existing
property owners as they strive to maintain
their quality of life, water quality, and view of
the marsh or beach. As developer's "rights to
increase profit margins" control decisionmaking
on land use and public resources, the
very thing that makes the Georgia coast desirable,
is rapidly eroding.
Meanwhile, a small group of angry developers
claim their property rights are being
taken and too much regulation is slowing
development.
A short visit by air, land, or water to any
county on the Georgia coast quickly demonstrates
that new waterfront development is
rapidly changing the landscape with little
concern about impact on the property rights
of existing landowners or the marsh ecosystem.
|
