Land Use/Zoning (28)
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Date of Last Recorded Action: 4/24/2024

HB 0057 SupportSolar Power Free-Market Financing Act Dudgeon, Mike 25th
7/1/2015 Effective Date EU&T RI&Util -
Code Enforcement General County Government Land Use/Zoning Nat. Res. & the Environment Todd Edwards
Utilities

This legislation authorizes residential and commercial electric customers, including local governments, to install solar technology on their property and utilize such financing mechanisms as leases, private solar energy procurement agreements (whereby payments are based on the output of the system), and authorization for electric companies to finance projects for their customers. Providing solar financing services does not make an entity an electric service provider and the power must be used on site or fed back to the electric utility. The bill does not limit or usurp current local regulatory or land use authority.

For addtional information, please click here.

HB 0089 NeutralExtension of Date of Incorporation of Local Ordinances for Drug Free Commercial Zones Bruce, Roger 61st
7/1/2015 Effective Date JudyNC JUDYNC -
Debra Nesbit General County Government Health and Human Services Land Use/Zoning Law Enforcement
Public Safety and Courts

This legislation extends the date for adoption of drug free commercial zones by local ordinance to July of 2015.

HB 0174 NeutralAmends Urban Redevelopment Law for Blighted Areas Jones, LaDawn 62nd
7/1/2015 Effective Date Trans SLGO -
Clint Mueller Econ. Dev. & Transportation Economic Development General County Government Land Use/Zoning

This legislation amends the Urban Redevelopment Law to change "slum" to "pockets of blight."

County Impact: Will make it easier for local governments and development authorities to draw on federal grants for redevelopment in blighted areas.  

HB 0322 SupportForeclosure - Late Filing of Deed will Incur $500 Penalty Strickland, Brian 111th
7/1/2015 Effective Date Judy JUDY -
Clerk of Court Code Enforcement Emergency Management/Preparedness EMS/Ambulance Fire Services
General County Government Land Use/Zoning Law Enforcement Public Safety and Courts Todd Edwards

This legislation requires all deeds under power to be recorded within 90 days of a foreclosure sale or the holder is required to pay a late filing penalty of $500 to the superior court clerk. The clerk remits these fees to counties for properties in the unincorporated areas and to cities for properties therein. All monies collected must be used for code enforcement, public safety, and community development purposes. Cities must pay the county a 5 percent administrative fee for the clerk collecting and remitting this money.

HB 0372 NeutralCharter Schools - No Business License or Occupational Tax Coomer, Christian 14th
7/1/2015 Effective Date Ed ED&Y -
Business and Occupation Tax Code Enforcement General County Government Land Use/Zoning Revenue & Finance
Todd Edwards
This legislation prohibits counties from requiring charter schools to obtain a business license, professional license or occupation tax certificate; however, these schools remain subject to zoning, planning and building requirements. Any for-profit vendor of a charter school remains subject to any applicable local requirements and regulations.      
HB 0677 NeutralLegalize Casino Gaming in Georgia Stephens, Ron 164th
3/2/2016 House Withdrawn, Recommitted RegI --
Alcohol/Tobacco Business and Occupation Tax Econ. Dev. & Transportation Economic Development Forfeitures, Fees, and Fine Add Ons
General County Government Land Use/Zoning Law Enforcement Open Records/Meetings Act Public Safety and Courts
Revenue & Finance Todd Edwards

This legislation authorizes up to four casino gaming establishments in Georgia: two in Metro Atlanta and two in other parts of the state.  The state would levy a 20 percent tax on casino revenues; require substantial investment and licensing fees in order for a casino to operate; set aside at least 90 percent of state revenues for the HOPE scholarship program; designate 1-2 percent of revenues for problem gambling organizations; and distribute 1-3 percent of revenues to the local government hosting the casino for infrastructure and public safety purposes.       

HR 807 is a Constitutional amendment that must be passed by Georgia voters in order for HB 677 to take effect.      

 

HB 0734 EvaluatingLost in Space - Local Noise Ordinances Spencer, Jason 180th
3/2/2016 Senate Read and Referred Judy S&T -
Code Enforcement Econ. Dev. & Transportation General County Government Land Use/Zoning Todd Edwards
Transportation
This legislation limits the liability of space flight entities offering space flights in Georgia.  Under HB 734, lost in space, flight, would also be the ability of counties and cities to adopt any noise control ordinances or otherwise prohibit the conduct of a space flight operation. Local governments would retain their authority over zoning, land use and rights of way.
HB 0785 OpposeTownships - Create with Zoning, Land Use and Building Code Powers Dudgeon, Mike 25th
1/22/2016 House Second Readers GAff --
Annexation/Municipalization Auditing/Budget Business and Occupation Tax Code Enforcement Elections
Eminent Domain/Condemnation Ethics Form of Government General County Government Government Immunity
Land Conservation Land Use/Zoning Magistrate Court Open Records/Meetings Act Property Tax
Public Safety and Courts Revenue & Finance Sales Tax-Local Service Delivery Tax Commissioner
Todd Edwards

This legislation, similar to SB 272, would allow for the creation of townships via local legislation with land use, zoning, subdivision, building permit and code enforcement powers, if the voters first approve a statewide referendum approving a constitutional amendment. Companion resolutions, HR 1051 and SR 724, if passed, will call for the statewide referendum to amend the constitution allowing townships to have zoning powers. Townships could levy up to a .5 mill property tax, annex and transition to cityhood. Though counties would have no say in the above decisions, counties must continue to provide all services and infrastructure to the area as they would any unincorporated area. Counties would have an opportunity to comment on township decisions, but nothing is binding or mediated.

HB 0837 EvaluatingReligious Freedom Restoration Act Setzler, Ed 35th
1/27/2016 House Second Readers Judy --
Correctional Institutions/Jail General County Government Government Immunity Land Use/Zoning Personnel/Employment
Public Safety and Courts Todd Edwards
This legislation enacts the Religious Freedom Restoration Act, applying the federal law to the Georgia state and local governments. A person aggrieved by perceived violations of religious freedom may seek a declaratory judgment or injunctive relief from that government and, if they prevail, be awarded attorneys fees (though governments may not recover fees if they prevail). Furthermore, the defense of sovereign immunity is waived to any claims in the above areas, but not waived for claims for monetary damages.
HB 0842 EvaluatingFireworks - Increase Regulations on Temporary Stands Taylor, Tom 79th
1/28/2016 House Second Readers RegI --
Auditing/Budget Business and Occupation Tax Fire Services Fireworks General County Government
Land Use/Zoning Probate Court Public Safety and Courts Revenue & Finance Todd Edwards
In what appears to be a turf battle brewing between temporary and permanent firework retailers, this legislation increases regulations on temporary fireworks stands and requires that these stands pay a $500 license fee to the county or city for each stand location within the jurisdiction. The license is only valid from June 18 through July 6, and December 20 through January 1 of following year, renewed annually. On the other hand, counties could not restrict the location of permanent fireworks retail stores - unless such prohibitions are consistent with the U.S. Constitution.
HB 1004 NeutralElectronic Filing of Maps, Plats, and Plans with Superior Court Clerk Jasperse, Rick 11th
1/1/2017 Effective Date Judy S JUDY -
Clerk of Court County Surveyor Debra Nesbit General County Government Land Use/Zoning
Public Safety and Courts Revenue & Finance

This legislation changes the requirements for the filing of maps and plats with the superior court clerk.  Under current law, all maps and plats are filed and recorded in the superior court clerk's office. HB 1004 no longer requires that physical maps and plats be maintained in the superior court clerk's office. Instead, digital images will be maintained by the Georgia Superior Court Clerks' Cooperative Authority (GSCCCA). The superior court clerk is required to keep a public computer terminal to provide access to the maps and plats.

HB 1025 SupportService of Citation for Violations of Ordinance Violations Taylor, Tom 79th
7/1/2016 Effective Date Judy JUDY -
Animal Control Business and Occupation Tax Civil Procedure Clerk of Court Code Enforcement
Criminal Procedure Debra Nesbit Forfeitures, Fees, and Fine Add Ons General County Government Health and Human Services
Land Use/Zoning Local Legislation Magistrate Court Nat. Res. & the Environment Property Tax
Public Safety and Courts Revenue & Finance Sewer/Septage Tax Commissioner Water Quality
This legislation allows local legislation permitting county ordinance violations that deal with the condition of real property to be served by leaving a copy of the citation at the property, mailing a copy to the property owner shown in the records of the tax commissioner or tax assessor, and filing a copy with the magistrate court clerk.  If the owner of the property fails to attend the trial, a fine against the property (i.e., "in rem") is the only penalty permitted.
HB 1026 EvaluatingProperty Owner Fines for Code Violations Carter, Doreen 92nd
2/18/2016 House Second Readers Judy --
Animal Control Clerk of Court Code Enforcement Debra Nesbit Forfeitures, Fees, and Fine Add Ons
General County Government Health and Human Services Land Use/Zoning Magistrate Court Nat. Res. & the Environment
Property Tax Public Safety and Courts Revenue & Finance Sewer/Septage Tax Commissioner
Water Quality

This legislation allows a $100 fine per day to be levied against the owner of property (other than a property owner who has filed for homestead exemption) who fails to correct a code violation within 48 days of a notice to correct being sent. In the case of foreclosed properties, the code violation must be sent to the address contained on the postforeclosure registry maintained by the superior court clerk's office. The fine constitutes a lien that can be created and foreclosed in the same manner as a tax lien.  

This bill also requires the superior court clerk to establish and maintain a postforeclosure registry to maintain information about the purchases of real property at a foreclosure sale.  Within ten business days after a property is purchased at a foreclosure sale, the buyer must provide the superior court clerk with his or her contact information.  The new owner must notify the superior court clerk's office of any change in address within five business days of a change in contact information. Purchasers of foreclosed property that do not comply with this legislation or with ordinances related to the property may be required to pay treble damages plus attorneys' fees if they are sued and lose. 


HB 1036 NeutralPipeline Companies - Moratorium on Eminent Domain Hitchens, Bill 161st
5/3/2016 House Date Signed by Governor EU&T RI&Util -
Air Quality Eminent Domain/Condemnation General County Government Land Use/Zoning Nat. Res. & the Environment
Todd Edwards Utilities Water Quality Water Quantity
This legislation imposes a temporary moratorium on the eminent domain powers of pipeline companies and on the ability of pipeline companies to get certain environmental permits until June 30, 2017.  HB 1036 also creates the State Commission on Petroleum Pipelines to study and develop a recommendation to the General Assembly of legislation to ensure that pipeline siting, construction and operation are consistent with the public interest in establishing minimum standards for land use to protect and preserve natural resources, environment, and vital areas and to best serve the residents of Georgia.
HB 1091 EvaluatingMoritorium on Licensing of Narcotic Treatment Programs Weldon, Tom 3rd
2/25/2016 House Second Readers H&HS --
Debra Nesbit General County Government Health and Human Services Land Use/Zoning Law Enforcement
This legislation establishes a temporary moratorium on new licenses to narcotic treatment programs in Georgia until June 30, 2017, to allow the General Assembly to study the need for changes in the licensure requirements  for the operation of narcotic treatment programs.
HB 1103 NeutralDeKalb County; board of commissioners; provide for the regulation of land use Kendrick, Dar'shun 93rd
3/7/2016 House Second Readers IGC --
Land Use/Zoning Local Legislation
HB 1112 NeutralDeKalb County; board of commissioners; provide for the regulation of land use Kendrick, Dar'shun 93rd
3/8/2016 House Second Readers GAff --
Land Use/Zoning Local Legislation
HB 1146 NeutralDeKalb County; provide regulation of land use; provisions Kendrick, Dar'shun 93rd
5/3/2016 House Date Signed by Governor IGC SLGO -
Land Use/Zoning Local Legislation
HR 1051 OpposeTownships - Create with Zoning, Land Use and Building Code Powers Dudgeon, Mike 25th
1/22/2016 House Second Readers GAff --
Annexation/Municipalization Form of Government General County Government Land Use/Zoning Todd Edwards
This legislation, similar to SR 724, would ask the voters to approve an amendment to the constitution that would give the General Assembly the power to create townships with zoning powers. HB 785 and SB 272 establish the procedure to create a township.
SB 0129 NegotiatingGeorgia Religious Freedom Restoration Act McKoon, Joshua 29th
3/11/2015 House Second Readers Judy JUDY -
Animal Control Eminent Domain/Condemnation General County Government Juveniles Land Use/Zoning
Law Enforcement Personnel/Employment Public Safety and Courts Todd Edwards
This legislation prohibits the state and local governments from substantially burdening a person's exercise of religion (even if the burden results from a rule of general applicability) unless said burden is in furtherance of a compelling government interest and is the least restrictive means of achieving that interest. Those burdened may sue. In court, a prevailing party may recoup its attorney fees from the government.
SB 0142 OpposePreemption - No Local Government Moratoriums on Zoning Procedures Beach, Brandon 21st
1/11/2016 Senate Recommitted -RI&Util -
General County Government Land Use/Zoning Todd Edwards Utilities
Yet another state preemption effort, this legislation prohibits counties and cities from establishing any moratorium with respect to the construction of cell towers, electrical power transmission lines, electrical power substations, 9-1-1 system facilities, natural gas transmission pipelines and natural gas power stations. Moratorium on water and sewage treatment facilities, reservoirs, sewer lines and in-ground fiber optic systems are limited to 90 days.       
 
SB 0169 SupportGDOT- Disposition of Property and Billboard Relocation on State Route Projects Gooch, Steve 51st
7/1/2015 Effective Date Trans TRANS -
Clint Mueller Econ. Dev. & Transportation Eminent Domain/Condemnation General County Government Land Use/Zoning
Law Enforcement Public Safety and Courts Transportation Transportation Funding
This legislation affects how counties dispose of property used for roads and changes the way billboards are relocated on state routes. This legislation was amended to authorize the use of golf carts for delivery of packages in a subdivision under certain circumstances. For a complete summary and county impact information, please click here.

SB 0190 NeutralCoin Operated Amusement Machines - Revise Regulations Miller, Butch 49th
7/1/2015 Effective Date RegI RI&Util -
Business and Occupation Tax General County Government Land Use/Zoning Revenue & Finance Todd Edwards
This legislation requires manufactueres and dealers, as well as owners, to purchase master licenses for bona fide coin operated machines from the state lottery.
SB 0272 OpposeTownships - Create with Zoning, Land Use and Building Code Powers Ligon, Jr., William 3rd
1/21/2016 Senate Read and Referred -SLGO -
Annexation/Municipalization Business and Occupation Tax Code Enforcement Elections Eminent Domain/Condemnation
Ethics Forfeitures, Fees, and Fine Add Ons Form of Government General County Government Government Immunity
Land Conservation Land Use/Zoning Magistrate Court Open Records/Meetings Act Property Tax
Public Safety and Courts Revenue & Finance Sales Tax-Local Service Delivery Todd Edwards

This legislation, similar to HB 785, would allow for the creation of townships via local legislation with land use, zoning, subdivision, building permit and code enforcement powers, if Georgia voters first approve a statewide referendum approving a constitutional amendment. Companion resolutions, SR 724 and HR 1051, if passed, will call for the statewide referendum to amend the constitution allowing townships to have zoning powers. Townships could levy up to a .5 mill property tax, annex and transition to cityhood. Though counties would have no say in the above decisions, counties must continue to provide all services and infrastructure to the area as they would any unincorporated area. Counties would have an opportunity to comment on township decisions, but nothing is binding or mediated.

SB 0313 EvaluatingMARTA - Funding and Development Requirements Beach, Brandon 21st
2/11/2016 Senate Withdrawn & Recommitted -TRANS -
Clint Mueller Econ. Dev. & Transportation Elections General County Government Land Use/Zoning
Local Legislation Revenue & Finance Sales Tax-Local Transportation Transportation Funding

This legislation allows counties and cities that have entered into rapid transit contracts with Metropolitan Atlanta Rapid Transit Authority (MARTA) and already have a 1 percent sales tax to levy an additional 1/2 percent sales tax for use on MARTA projects. A county or city that does not want to enact the additional 1/2 percent sales tax must adopt a resolution or ordinance by June 30, 2016. For a more detailed summary of the legislation, click here.

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