Mark & Wendy Hayler, Change of Use and Addition of a Floating Dock, Tybee Creek, Chatham County, Georgia


This serves as notification from the Coastal Marshlands Protection Committee and the Georgia Department of Natural Resources of a request from Mark and Wendy Hayler for a Coastal Marshlands Protection Act (CMPA) permit under Official Code of Georgia (O.C.G.A.) 12-5-280 et seq., to change the use and modify an existing private recreational dock located on Tybee Creek, Chatham County, Georgia. The proposed project is under 1/10 of an acre, and therefore may be considered a minor alteration of coastal marshlands under O.C.G.A. 12-5-280 et. seq.

The existing dock facility was authorized by the Department as a private, single-family recreational dock on July 11, 1991. The existing dock facility consists of a 5ft. x 86.83ft. walkway extending from the upland to a 9.83ft. x 15.83ft. covered fixed deck. The upland residence has been converted to a duplex; therefore, the existing dock no longer meets the exemption to the Coastal Marshlands Protection Act per O.C.G.A. 12-5-295(7).

In addition to the change in use, the applicant proposes to add a 3ft. x 22ft. gangway extending seaward from the fixed deck to access a 10ft. x 25ft. floating dock. The proposed modified dock facility will extend approximately 55ft. into the waterway at a point where the waterway is approximately 1,040ft. wide at mean low water. The current dock facility impacts approximately 590 square feet of coastal marshlands. As proposed the project will impact approximately 910 square feet of coastal marshlands, for an additional 320 square feet (0.007 acres) of impacts. There is no upland component associated with the proposed project.
It is the responsibility of the applicant to demonstrate that the project is not contrary to the public interest and that no feasible alternative sites exist. Impacts to coastal marshlands must be minimal in size. In passing upon the application for permit, the Coastal Marshlands Protection Committee shall consider the public interest: (1) Whether or not unreasonably harmful obstruction to or alteration of the natural flow of navigational water within the affected area will arise as a result of the proposal; (2) Whether or not unreasonably harmful or increased erosion, shoaling of channels, or stagnant areas of water will be created; and (3) Whether or not the granting of a permit and the completion of the applicants proposal will unreasonably interfere with the conservation of fish, shrimp, oysters, crabs, clams, or other marine life, wildlife, or other resources, including but not limited to water and oxygen supply.

A detailed public notice with drawings has been distributed and is available by visiting the Department of Natural Resources website: under “Marsh & Shore Permits”

Please provide this office with substantive, site-specific comments as to why the proposed work should or should not proceed. Comments and questions concerning this proposed project should be submitted in writing and be submitted by the close of business on June 29, 2020 to Sam LaBarba, Department of Natural Resources, One Conservation Way, Brunswick, Georgia 31520.

Click here for the Project Application

Click here for Project Description Part One

Click here for Project Description Part Two

Click here for Project Description Part Three

Click here for the Project Drawings