HB 1315: Georgia Landowners Protection Act; enact

Georgia cities and counties sometimes pause zoning decisions or building permits temporarily while they plan or study an issue. This bill, called the Georgia Landowners Protection Act, would limit how long those pauses, called moratoria, can last and how local governments can use them. It amends Georgia's zoning procedures law (O.C.G.A. § 36-66-4) to cap most zoning and permitting moratoria at 180 days and bar a local government from renewing or reimposing the same type of moratorium for 365 days after one expires. Local governments would also have to give 30 days public notice, published in the county legal organ and on the government's website, before voting to adopt a moratorium. The limits would not apply to moratoria adopted because of a declared state of emergency, a natural disaster, or an imminent threat to public health or safety. If a moratorium lasts longer than 180 days and a property owner's property value drops as a result, the bill waives local governments' sovereign immunity (their usual legal protection from lawsuits) and lets the owner sue in superior court for damages, including lost development value, carrying costs, and higher property taxes, plus possible attorney's fees.

• Caps temporary zoning moratoria and permit-processing moratoria at 180 days in duration under O.C.G.A. § 36-66-4.
• Bars a local government from renewing or reimposing the same type of zoning moratorium within 365 days after a prior one expires.
• Requires 30 days public notice, published in the county legal organ and on the local government's website, before a vote to adopt a moratorium.
• Exempts moratoria tied to a declared state of emergency, natural disaster, or imminent threat to public health or safety from these time limits.
• Waives local governments' sovereign immunity for lawsuits by property owners whose property value drops because a moratorium exceeds 180 days.
• Allows property owners to sue in superior court for lost development value, carrying costs, elevated property taxes, and attorney's fees.

The bill affects Georgia counties, municipalities, and other local zoning authorities, which would face new limits on moratoria and new legal exposure. It also affects property owners, homebuilders, and developers who deal with zoning or permitting pauses, as well as residents who rely on public notices about local government actions.

Local governments would lose flexibility to pause zoning or permitting decisions for long stretches without facing legal risk, while property owners and builders would gain a way to recover money if a moratorium drags on past six months and lowers their property's value or raises their costs.

• Section 1 names the bill the 'Georgia Landowners Protection Act.'
• Section 2 states legislative findings that repeated or extended moratoria and government delays raise home construction costs and hurt small builders.
• Section 3 adds subsection (i) capping zoning and permit moratoria at 180 days and barring reimposition of the same type within 365 days.
• Section 3 requires 30 days public notice in the county legal organ and on the local government's website before adopting a moratorium.
• Section 3 exempts moratoria adopted in response to declared emergencies, disasters, or imminent public health or safety threats from these limits.
• Section 3 adds subsection (j) waiving sovereign immunity and allowing superior court suits for damages, including lost development value, carrying costs, and elevated property taxes, plus attorney's fees.
• Section 4 repeals conflicting laws.

1. 2026-02-19House Second Readers (House)
2. 2026-02-18House First Readers (House)
3. 2026-02-17House Hopper (House)

• Kasey Carpenter (R, HD-004)Primary sponsor
• Matt Reeves (R, HD-099)
• Dale Washburn (R, HD-144)
• Spencer Frye (D, HD-122)
• Alan Powell (R, HD-033)

• zoning moratoria
• property rights
• local government regulation
• home building costs
• sovereign immunity