---
title: HB 1315. Georgia Landowners Protection Act; enact
collection: bills
id: 2025-2026/hb1315
cite_as: HB 1315, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1315
md_url: https://georgiacommons.org/bills/2025-2026/hb1315.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1315/text
source_url: https://www.legis.ga.gov/legislation/73244
date: 2026-02-19
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1315.md?full=1
bill_number: HB 1315
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-02-17
last_action: House Second Readers
sponsors:
- Kasey Carpenter
- Matt Reeves
- Dale Washburn
- Spencer Frye
- Alan Powell
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1315/2025
upstream_id: 2118513
summaries_model: claude-sonnet-5
topic_tags:
- zoning moratoria
- property rights
- local government regulation
- home building costs
- sovereign immunity
---
# HB 1315. Georgia Landowners Protection Act; enact
## Text
House Bill 1315
By: Representatives Carpenter of the 4th, Reeves of the 99th, Washburn of the 144th, Frye of
the 122nd, and Powell of the 33rd
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to
zoning procedures, so as to provide for the maximum period of time a local government may
enforce certain moratoria; to prohibit reimposition of certain moratoria within a certain
period of time; to waive sovereign immunity on claims related to damages arising from
moratoria exceeding such limitations; to provide for recoverable damages and attorney's fees;
to provide for legislative findings; to provide a short title; to provide for related matters; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Georgia Landowners Protection Act."
SECTION 2.
The General Assembly finds that while temporary moratoria on zoning decisions and
development permits may be necessary for local planning purposes, successive or extended
moratoria deprive property owners of reasonable, investment backed use of their property.
The General Assembly further finds that the cost of home ownership is becoming
unobtainable due to the high cost of building materials, elevated interest rates, and delays
caused by local governments, which make it difficult for small builders to withstand
extended approval processes and to afford to build. Nearly 30 percent of the cost associated
with building a home is attributable to government delays and regulations. By removing
excessive and intentional delays created by local governments, the State of Georgia can help
drive down the cost of construction and make the dream of home ownership more obtainable
for working Georgians.
SECTION 3.
Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning
procedures, is amended in Code Section 36-66-4, relating to hearings on proposed zoning
decisions, notice of hearing, nongovernmental initiated actions, reconsideration of defeated
actions, and procedure on zoning, by adding new subsections to read as follows:
"(i)(1) A temporary moratorium on one or more types of zoning decisions shall not
exceed 180 days in duration. No zoning moratorium shall be renewed or reimposed
within 365 days of the expiration of a prior zoning moratorium of the same type.
(2) A temporary moratorium on the acceptance, processing, or approval of permits for
commercially or residentially zoned property shall not exceed 180 days in duration.
(3) No zoning or permitting moratorium shall be enacted unless at least 30 days public
notice is provided prior to the vote on adoption. Such notice shall be published in the
county legal organ and on the official website of the local government.
(4) The limitations in this subsection shall not apply to moratoria adopted as a necessary
response to a declared state of emergency, a natural disaster, or conditions posing an
imminent threat to public health or safety.
(j)(1) The sovereign immunity of any county, municipality, or other local governing
authority is hereby waived for actions brought by a property owner whose property
suffers a diminution in value as a result of a zoning or permitting moratorium that extends
beyond 180 days.
(2) A property owner who suffers damages as provided for in paragraph (1) of this
subsection may bring an action in the superior court to recover such damages. Such
recoverable damages shall include, but not be limited to:
(A) Loss in development value;
(B) Carrying costs incurred during the moratorium period, including financing costs,
interest, and maintenance expenses; and
(C) Elevated ad valorem taxes paid on property taxed at a higher rate while the
property is unable to be used due to the moratorium.
(3) The court may award reasonable attorney's fees and costs to a prevailing property
owner bringing a suit pursuant to this subsection."
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
House Bill 1315 would cap local zoning and building permit moratoria in Georgia at 180 days, require public notice before they take effect, and let property owners sue local governments if a moratorium runs too long.
### Plain-language summary
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.
### What it does
- 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.
### Who it affects
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.
### Why it matters
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.
### Key provisions
- 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.
## Status
- Status: Introduced (2026-02-17)
- Last action: House Second Readers (2026-02-19)
- Sponsors: Kasey Carpenter, Matt Reeves, Dale Washburn, Spencer Frye, Alan Powell
- Official page: https://www.legis.ga.gov/legislation/73244
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb1315.md?full=1