Georgia CommonsHB 1315: Georgia Landowners Protection Act; enact
Introduced version, the latest LegiScan holds · Last action February 19, 2026 · Introduced
The text as LegiScan holds it, read from the PDF the legislature publishes with its margin line numbers, running heads, and page footers removed. Line breaks are joined into paragraphs here; no word is changed.
Underlined words are what the bill adds to current law and struck-through words are what it removes, as the printed bill shows them.
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.