Current law will permit an annexation through the referendum method if the voters in the area to be annexed approve by a majority vote. This legislation requires both a majority vote by those in the area to be annexed as well as those in the existing municipality seeking the annexation. Failure to secure a majority vote in either area requires a two-year waiting period before the annexation can be attempted again.

This legislation allows the deannexation of territory by a local act of the General Assembly to create an unincorporated island if said territory is simultaneously annexed into another municipality on the same date as the deannexation - thus eliminating the island.

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.

This legislation creates the House Study Committee on Annexation, Deannexation and Incorporation.  The study committee is to submit its recommendations to the General Assembly prior to the 2016 legislative session.

To view ACCG's recommendations to the Study Committee, please click here.