Georgia River Network v. Turner

McFADDEN, Judge.

In Turner v. Ga. River Network, 297 Ga. 306 (773 SE2d 706) (2015), our Supreme Court reversed Division 3 of our decision in Ga. River Network v. Turner, 328 Ga. App. 381 (762 SE2d 123) (2014), in which we held that the 25-foot buffer requirement of OCGA § 12-7-6 (b) (15) (A) applies to all state waters. Id. at 390-392 (3). In reversing, the Supreme Court concluded: “OCGA § 12-7-6 (b) (15) (A) simply does not provide for the establishment of a buffer for state waters that are adjacent to banks without wrested vegetation.” 297 Ga. at 309 (footnote omitted). Accordingly, we…