Zoning and Land Use Violation Defense in Georgia | Legal.ge

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Is illegal digging or mining a crime?

Yes, extracting natural resources (like gravel or sand) without a license is a crime if it causes significant environmental damage. Otherwise, it''s an administrative fine.

How is "significant damage" calculated?

It is calculated based on government-approved methodologies by environmental experts. A lawyer can challenge this calculation with an independent expert.

Can I go to prison for environmental crimes?

Yes, serious violations involving large-scale damage usually carry prison sentences, though probation and fines are possible for first-time offenders who pay damages.

What if I didn''t know the land was protected?

Ignorance of the law is not a defense, but it can help mitigate the sentence if you can prove there was no intent to cause harm.

Violation of Land Use and Zoning Rules: Environmental Defense

In Georgia, regulations regarding environmental protection and the use of natural resources are becoming increasingly strict. Violation of land use rules, as well as the illegal use of water and subsoil resources, constitutes a criminal offense if the act causes significant environmental damage or pollution. Businesses and private individuals often face criminal problems due to actions such as illegal use of agricultural land, construction in protected areas, improper waste disposal, or illegal extraction of natural resources (e.g., inert materials). These crimes carry not only large financial fines but also potential imprisonment and deprivation of the right to operate.

Such cases require specific expertise, as the main point of contention is the amount of damage caused and the degree of environmental impact. Without a lawyer, it is difficult for the accused to cope with the evidence presented by the Department of Environmental Supervision and the conclusions of ecological expertise. The defense''s task is to prove that the act did not contain signs of a crime or that the damage is not substantial enough to warrant criminal liability.

What Does Defense Against Land Use Violations Cover?

Specialists on Legal.ge offer qualified legal assistance in environmental crime cases, which includes:

Analysis of Ecological Expertise: Verifying the accuracy of the calculation of environmental damage. Often, the damage amount is artificially inflated, which changes the category of the crime.
Audit of Permits and Licenses: Determining whether the person was operating within the scope of a legal license or permit.
Representation with Environmental Bodies: Negotiating with the Department of Environmental Supervision and the Prosecutor''s Office.
Court Defense: Protecting the client''s interests during criminal proceedings to avoid harsh penalties.

Common Situations and Real-World Scenarios

Charges of violating land use or environmental protection rules can arise in the following situations:

Illegal Quarries: Extraction of sand, gravel, or other subsoil resources without a license or in violation of license conditions (e.g., changing a riverbed).
Land Pollution: Spilling industrial waste or chemicals into the soil, causing land degradation.
Construction in Protected Zones: Illegal construction in reserves or on landscape monuments, damaging the natural landscape.
Removal of Fertile Layer: Illegal removal and transfer of the fertile soil layer, leading to soil degradation.

Georgian Legislation and Legal Framework

The Criminal Code of Georgia contains an entire chapter on environmental crimes. Specifically, articles concerning Rendering Land Unfit (Article 298), Violation of Rules for Using Subsoil (Article 299), and Violation of Water Use Rules (Article 291) are important. Liability arises when the act causes significant damage. The amount of damage is determined by a special methodology. Additionally, the Law of Georgia on Environmental Protection and the Law on Soil Protection apply. The lawyer works to determine whether the "significant damage" standard necessary for criminal liability has been met.

Process: What to Expect When Working with a Specialist

The process usually begins with an inspection by the Environmental Supervision Department. If the violation is large-scale, the case is transferred to the Prosecutor''s Office. Lawyer involvement is necessary at an early stage to correctly record factual circumstances. The lawyer requests an alternative expertise to calculate damages. If the damage is compensated during the investigation stage, this significantly increases the chance of a plea agreement or diversion (dropping the case). In court, the lawyer fights to have the act qualified as an administrative offense rather than a criminal crime.

Why Choose Legal.ge?

Environmental crimes require specific knowledge of environmental law. Legal.ge allows you to find lawyers who understand the nuances of both criminal and environmental regulations. They will help you protect your business and freedom from disproportionate punishment. Find a qualified specialist on Legal.ge.