---
title: HB 1434. Aviation; air facilities; identification of airport affected areas; provide
collection: bills
id: 2025-2026/hb1434
cite_as: HB 1434, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1434
md_url: https://georgiacommons.org/bills/2025-2026/hb1434.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1434/text
source_url: https://www.legis.ga.gov/legislation/73546
date: 2026-05-11
status: passed
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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omitted: votes and history
omitted_chars: 1505
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1434.md?full=1
bill_number: HB 1434
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-05-11
last_action: Effective Date 2026-07-01
sponsors:
- David Jenkins
- Clint Crowe
- Rick Jasperse
- Lauren McDonald
- Jason T. Dickerson
text_version: Enrolled
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1434/2025
upstream_id: 2123619
summaries_model: claude-sonnet-5
topic_tags:
- airport safety
- land use regulation
- local government
- aviation law
- zoning
---
# HB 1434. Aviation; air facilities; identification of airport affected areas; provide
## Text
House Bill 1434 (AS PASSED HOUSE AND SENATE)
By: Representatives Jenkins of the 136th, Crowe of the 118th, Jasperse of the 11th, and
McDonald III of the 26th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to powers
of local governments as to air facilities, so as to provide for the identification of airport
affected areas; to provide for public notice and public hearing; to require the adoption,
administration, and enforcement of regulations relative to the use of land in airport affected
areas; to provide for standards for adoption of such regulations; to provide for assistance
from the Department of Transportation; to provide for the adoption of local methods of
enforcing regulations relative to airport area affected areas; to provide for a method for
requesting variances; to provide for penalties; to provide for definitions; to provide for
related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to powers of local
governments as to air facilities, is amended by adding a new article to read as follows:
"ARTICLE 3
6-3-40.
As used in this article, the term:
(1) 'Airport' shall have the same meaning as set forth in Code Section 32-9-8.
(2) 'Airport affected area' means any area of air, land, or water lying beneath a civil
airport imaginary surface.
(3) 'Airport affected governing body' means the governing authority of a county,
municipality, or other political subdivision that has an airport affected area within its
territorial limits.
(4) 'Airport obstruction' means any building, structure, or object of natural growth within
an airport affected area that penetrates a civil airport imaginary surface.
(5) 'Airport sponsor' means an airport affected governing body that:
(A) Owns or controls an airport; or
(B) Has acquired, leased, or set apart real property for the purpose or purposes
provided for in Code Section 6-3-20.
(6) 'Civil airport imaginary surface' shall have the same meaning as set forth in 14 C.F.R.
Part 77 of the Code of Federal Regulations in effect on January 1, 2026.
6-3-41.
(a) No later than January 1, 2027, every airport sponsor in this state shall identify the
airport affected area for its airport and notify any airport affected governing body that an
airport affected area is located within its territorial limits.
(b) No later than July 1, 2027, and after public notice and public hearing, each airport
affected governing body shall adopt, administer, and enforce regulations for the airport
affected area within its territorial limits that comply with Code Section 6-3-42.
6-3-42.
(a) Any regulation adopted for an airport affected area pursuant to this article shall be
reasonable and designed to promote public health, safety, and general welfare. At a
minimum, such regulation shall include, but shall not be limited to, provisions for the
limitation of the height of buildings, structures, and objects of natural growth located
within the airport affected area for the purpose of keeping civil airport imaginary surfaces
clear of airport obstructions.
(b) In adopting, amending, and repealing any airport affected area regulations pursuant to
this article, the Department of Transportation shall provide assistance and guidance to the
airport affected governing body with respect to the compliance of such regulations to
Federal Aviation Administration requirements.
(c) To facilitate the clearance of the civil airport imaginary surfaces, any airport affected
area regulations adopted pursuant to this article shall meet those federal standards set forth
in 14 C.F.R. Part 77 of the Code of Federal Regulations in effect on January 1, 2026.
(d) Airport affected area regulations adopted pursuant to this article may be amended from
time to time in the same manner as provided for the adoption of the original regulation.
6-3-43.
When a local governing authority has adopted a zoning ordinance or resolution relating to
land use of property within an airport affected area, any airport affected area regulations
adopted pursuant to this article may be made part of such zoning ordinance or resolution
and may be administered and enforced in connection with such ordinance or resolution.
6-3-44.
(a) Each airport affected governing body shall provide for the enforcement of airport
affected area regulations adopted pursuant to this article. Such enforcement may be by a
system of permits or other comparable method; provided, however, that, prior to granting
any variance from a regulation that would result in the use of property that would create
an airport obstruction, the applicable airport affected governing body shall notify an airport
sponsor of the requested variance and such airport sponsor shall be responsible for
determining whether the requested variance would result in a violation of regulations for
civil airport imaginary surfaces and requesting a variance from such regulations.
(b) When any airport affected governing body fails to enact or enforce airport affected area
regulations pursuant to this article, eligibility for funds through the local maintenance and
improvement grant program available under Code Section 32-5-27 shall be suspended for
the lesser of three years or until the date the airport affected governing body enacts or
enforces such regulations, at which point any such funds shall be remitted to such airport
affected governing body."
SECTION 2.
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 1434 requires local governments near Georgia airports to identify areas affected by flight paths and adopt height and land use rules to keep buildings and structures out of aircraft approach zones.
### Plain-language summary
Under current Georgia law, there is no statewide requirement that local governments identify and regulate land near airports where tall buildings or structures could interfere with aircraft. This bill adds a new article to Georgia's air facilities law (O.C.G.A. Chapter 3 of Title 6) to fix that.
By January 1, 2027, every airport sponsor (a local government that owns, controls, or has set aside land for an airport) must identify its 'airport affected area,' the land, air, or water beneath federal flight approach and departure surfaces defined by federal aviation rules. By July 1, 2027, the local government with that area inside its borders must hold a public hearing and adopt regulations limiting building heights and other obstructions there. The Department of Transportation must help these governments make sure their rules meet federal aviation standards. Local governments that grant variances must first check with the airport sponsor. Governments that fail to adopt or enforce these rules lose access to state road grant funding for up to three years.
### What it does
- Requires every airport sponsor in Georgia to identify its 'airport affected area' by January 1, 2027, and notify the local government covering that land.
- Requires the affected local government to hold a public hearing and adopt height and land use regulations for that area by July 1, 2027.
- Directs the Georgia Department of Transportation to help local governments make sure their new rules match Federal Aviation Administration standards.
- Requires local governments to consult the airport sponsor before granting any variance that could create an obstruction near flight paths.
- Cuts off a local government's eligibility for state local road maintenance grant funding for up to three years if it fails to adopt or enforce these regulations.
- Allows the new airport area rules to be folded into a local government's existing zoning ordinance rather than kept as a separate system.
### Who it affects
Counties, cities, and other local governments located near airports; airport owners and operators (airport sponsors); property owners whose land falls under flight approach and departure paths; and the Georgia Department of Transportation, which must assist with regulatory compliance.
### Why it matters
Property owners near airports could face new limits on building height and construction. Local governments gain new administrative duties and a hard deadline, backed by the threat of losing state road grant money if they do not comply, which ties airport safety compliance directly to local infrastructure funding.
### Key provisions
- Section 1 creates new Code Sections 6-3-40 through 6-3-44 defining terms like 'airport affected area,' 'airport obstruction,' and 'civil airport imaginary surface' by reference to federal aviation rules (14 C.F.R. Part 77) as of January 1, 2026.
- O.C.G.A. § 6-3-41 sets a January 1, 2027 deadline for airport sponsors to identify affected areas and a July 1, 2027 deadline for local governments to adopt regulations after public notice and hearing.
- O.C.G.A. § 6-3-42 requires the regulations to limit building and structure heights and requires the Department of Transportation to help ensure compliance with federal standards.
- O.C.G.A. § 6-3-43 allows the new rules to be incorporated into existing local zoning ordinances.
- O.C.G.A. § 6-3-44 requires airport sponsors to be consulted before variances that could create obstructions, and suspends a noncompliant local government's eligibility for local maintenance and improvement grant funds under O.C.G.A. § 32-5-27 for up to three years.
- Section 2 repeals any conflicting laws.
## Status
- Status: Passed (2026-05-11)
- Last action: Effective Date 2026-07-01 (2026-05-11)
- Sponsors: David Jenkins, Clint Crowe, Rick Jasperse, Lauren McDonald, Jason T. Dickerson
- Official page: https://www.legis.ga.gov/legislation/73546
> The history, votes, and amendments (1,505 characters) are at https://georgiacommons.org/bills/2025-2026/hb1434.md?full=1