FAQs: Private Docks in Georgia’s Coastal Marshes

 

Georgia regulators are proposing new rules for private recreational docks in coastal marshes. To help you get acquainted with the proposed changes, here are some frequently asked questions our organizations have received about the impacts on public marshlands, wildlife, and coastal communities.

Material prepared by the Georgia Conservancy, One Hundred Miles, and Southern Environmental Law Center.

What are private docks?

A private dock is a structure built over state-owned tidal water bottoms (i.e., the marsh), which is used for recreational purposes only (i.e. no commercial uses) and is not available to the public. Docks usually contain a walkway, platform, and floating dock. These parts of a private dock are built on pilings, and the walkways are required to be constructed above the marsh grass. An individual single-family property owner can request to construct a private dock for their family alone, or a multi-family private recreational dock can be constructed to serve up to four adjoining single-family lots.

Why do you need permission to build a dock from private property?

Even if a dock starts on private property, it usually extends over tidal water bottoms and marshlands owned by the State of Georgia. These areas are held in trust for the public for uses such as fishing, boating, and hunting. Because of that, a marshfront property owner must get permission before building a private dock over state-owned marsh or tidal waters.

For private recreational docks, the Georgia Department of Natural Resources (GA DNR) Coastal Resources Division (CRD) issues a Revocable License. Separate federal approval may also be required from the U.S. Army Corps of Engineers when a dock could affect navigable waters.

Who can apply to build a private dock?

The owner of any private lot having at least 50 feet of marsh frontage, which contains high land suitable for the construction of a detached single-family residence, and where the construction of such a residence is not prohibited.

Why is the GA DNR proposing new rules for private docks?

Until 2022, private docks were regulated through a joint permitting process between Georgia DNR and the Corps commonly known as Programmatic General Permit 83). This permitting process included size limits and review procedures. The Corps did not renew this joint permit and now GA DNR needs its own rules to review and issue Revocable Licenses for private docks. Since 2022, GA DNR staff have generally followed similar standards to the former joint permit. Establishing formal rules would create clearer, more consistent standards for dock review that ensure access and safety for the public and protection for our coastal marshlands.

Why don’t private recreational docks require a Coastal Marshlands Protection Act permit?

Private docks are specifically exempted from the CMPA in section § 12-5-295 of the legislation. The private dock exemption was added in 2003 as an amendment to the 1970 law. 

Dock projects that do require a CMPA permit include commercial docks, community docks, and marinas – all of which include a maximum length of 1,000 feet of walkway and a maximum area of 3,000 square feet. A variance can be pursued in the event a dock project would exceed the maximum size limits.  These proposed rules would allow a private recreational dock to exceed the length of a commercial marina by right.

What would change under the proposed rules?

Standard

Current DNR Policy

Proposed DNR Rules

Boardwalk Dimensions

1,000 feet long max

6 feet wide max

3,000 square feet total marsh coverage

1,500 feet long

6 feet wide

No limit on maximum coverage of marsh

Fixed Deck

300 square feet

400 square feet for single family dock

600 square feet for multi-family dock

Waterway Bridging

A dock must end at the first stream measuring 20 feet or more in width

No change

Floating Dock Maximum

600 square feet for single family dock

1,000 square feet for multi-family docks.

Must be 2 feet above water bottom.

Dimensions remain the same.

Must be above water bottom (no minimum stated).

Boat Hoists

1 hoist at 16×30 feet. Additional & larger hoists upon request.

With variance no limit to the number of boat hoists allowed.

Variances allowed

None

Dock length can be extended by 10% or 150 feet; and additional hoists considered.

What counts as a “minor alteration” of marshland? 

The CMPA defines a minor alteration as any change in the marshlands which, alone or combined with other changes, involves less than 0.10 acres (4,356 sq feet).

How does Georgia compare to neighboring states?

Since 2012 Georgia has had limited private docks walkways to a maximum of 3,000 square feet of total marsh coverage, with a maximum of 1,000 feet in length and a maximum of 6 feet in width.

In South Carolina private dock walkways cannot exceed 1,000 feet in length, including all structures, and are limited to 4 feet wide. And in Florida the total area, including the walkway and end platform, cannot exceed 2,000 square feet.

Georgia’s new private dock rule is triple the size of previous state standards and far exceeds the standards in neighboring states.

How many private docks are there in Georgia?

The State of Georgia does not have a complete permitting database of private docks in Georgia salt marshes. The online database is incomplete and includes inaccurate information. Calculations of percentage of marsh coverage that have been reported are estimates. DNR does not have staff that routinely monitor the marsh for new structures, so any docks that were built or extended without a permit or Revocable License are also not included in this database.

Furthermore, impacts to wildlife, public access, and public viewsheds are felt well beyond the physical footprint of the dock. DNR must invest time and energy into understanding how many and how much impact existing private docks have on public marshes, before allowing bigger structures to be constructed.

How do docks impact coastal marshlands and wildlife?

Docks can break up otherwise intact habitat for threatened and endangered species. Studies have shown a decline in diversity and numbers of bird species within a 50-foot buffer of a dock constructed in the marsh. In addition, docks allow predators deeper access into marsh habitat, threatening native species.

Georgia’s newly updated State Wildlife Action Plan (SWAP) identifies salt marsh as critical habitat and lists many marsh birds as threatened by habitat loss and sea level rise, including the Clapper rail, seaside sparrow, and marsh wren. Many marsh birds avoid hammocks and other areas with woody vegetation and similarly avoid docks that provide perch sites for various nest predators.

Who owns Georgia’s coastal marshlands?

Under Georgia’s public trust doctrine, the State of Georgia owns the beds of navigable streams and tidal waters and provide for and protect the public’s ability to use them for fishing, hunting, and boating. (GA Code § 52-1-2)

The Georgia General Assembly recognized the importance of coastal marshlands when it passed the Coastal Marshlands Protection Act in the 1970s, one of the most significant pieces of statewide conservation legislation. The CMPA declares marshlands a vital natural resource system and gives the state authority to manage activities in Georgia’s 368,000 acres of coastal marshlands and tidelands.

When is the Board of Natural Resources considering this latest draft of private dock rules?

After the U.S. Army Corps of Engineers did not renew the former joint permitting process in 2022, GA DNR began developing rules for private recreational docks. The rulemaking process has included draft rules and stakeholder review as outlined below:

    • 2024: DNR released a draft rule that generally mirrored the former standards, including a 1,000-foot walkway limit and 3,000-square-foot maximum.
    • 2025: DNR convened a stakeholder committee. The consensus report recommended minor changes and suggested that science should guide any consideration of longer docks. A minority report requested rules allowing larger docks.
    • June 2026: DNR released a draft rule allowing 1,000-foot walkways at 6 feet wide, with no square-footage maximum and a possible 10% variance.
    • August 2026: DNR released a draft rule allowing 1,500-foot walkways at 6 feet wide, with no square-footage maximum and a possible 10% variance.
    • Tuesday, October 27, 2026: The Georgia Board of Natural Resources will consider the proposed rules at 9:00 AM in the DNR Boardroom at 2 Martin Luther King, Jr. Drive, SE Suite 1252 East, Atlanta, GA 30334.

How can I make my voice heard?

1. 1,500 foot long dock is just about 50% longer than the tallest sky scraper in Atlanta – the Bank of America building!
If maximum dock lengths are extended to 1,500 feet, large areas of currently undeveloped coastal marshlands will be opened up to dock construction.
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