Based on the Opinion of Our In-House Legal Associate, the Staff of the Jekyll Island Authority

Distributed by John Hunter at August 20, 2012 meeting of 65/35 Task Force [emphasis added]

Based on the opinion of our in-house legal associate, the staff of the Jekyll Island Authority believes that the 65/35 Task Force must use Mean High Water as the beginning point to measure the boundary of Jekyll Island as it relates to the Land Use plan.

It is then incumbent on us to determine the best available measurement of Mean High Water and best available means to map the island that: 1) utilizes regularly updated information; 2) produces the least amount of data error; 3) recognizes the dynamic nature of a barrier island; and 4) can be updated on a regular basis as updated data sets are released.

As is the case throughout the coastal region, Jekyll Island is rich with many varieties of wetlands. And as these wetlands are an important part of the entire island ecosystem they should all be considered a part of Jekyll Island for Land Planning purposes. This is consistent with Land Planning and Comprehensive Plan guidelines issued from Georgia DCA and Georgia EPD, and are consistent with regulatory laws such as the Coastal Marshland Protection Act.

To accomplish these goals, Jekyll Island Authority staff recommends:
1) The use of the Glynn County 2007 LIDAR to establish elevation and the base map
2) To establish the area of Jekyll Island above MHW
a) The use of the NOAA MHHW on the ocean side from Beach Creek to Clam
Creek to establish MHW for the eastern shore
b) The use of DNR’s regulatory MHW measurement of 5.6’ (adjusted to 4.89) on
the western shore to minimize the amount of marsh included
c) Request the development of “margin of error” statement that provides a +/-
acreage number that should be factored into acreage calculations
i.e. “Due to known limitations of the use of LIDAR in measuring elevations
in marsh, it is estimated that the total acreage of Jekyll Island could err by
+/- 27 acres. Due to those data limitations, the total acreage has been
reduced by 27 acres (this is a simplified statement as an example
only).
3) Utilizing the DNR Habitat Map and/or the NWI Map, fully delineate all island wetlands
to insure their protection and compliance with all regulatory issues and
their recognition as “environmentally sensitive” areas as outlined in our
guiding legislation.
We believe that this approach provides allows for: 1) Consistency with the guidelines mandated by the JIA legislation; 2) provides consistency with Land Use Plans and Comprehensive Plans developed throughout coastal Georgia; 3) provides consistency with the CMPA and the measurements utilized by DNR; 4) provides a conservative measurement approach that recognizes the dynamic nature of barrier islands.