Georgia CommonsHouse · Introduced · 2025-2026 Regular Session
HB 1442: Local government; local moratoria shall not apply to certain properties in certain circumstances; provide
Last action March 6, 2026 · House Committee Favorably Reported By Substitute
A Georgia House bill would stop counties and cities from applying temporary moratoriums on permits or zoning decisions to properties that already have written local approval or unrelated permits for development.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Comm Sub version, the latest the General Assembly's website lists.
In plain language
Georgia counties and municipalities sometimes adopt temporary moratoriums that pause the issuance of permits or zoning decisions, often while officials study or revise local rules. This bill adds a new section to Georgia law (O.C.G.A. § 36-60-34) that limits how those moratoriums can be applied. Under the bill, if a local government's governing authority has already given written approval or confirmation, in good faith, for a specific development on a property, a later moratorium cannot be applied to that property. The same protection applies if the local government has already issued permits for the property that are unrelated to whatever the moratorium covers. The bill defines 'zoning decision' by referring to the existing definition in O.C.G.A. § 36-66-3. It does not set an effective date beyond the standard process, and it repeals any conflicting laws.
What the bill does
- Creates a new Georgia Code section (O.C.G.A. § 36-60-34) limiting when local moratoriums on permits or zoning decisions can apply to a property.
- Exempts a property from a moratorium if the local government already gave written, good-faith approval or confirmation for an identified development on that property.
- Exempts a property from a moratorium if the local government already issued permits for that property unrelated to what the moratorium covers.
- Ties the meaning of 'zoning decision' to the existing definition already used elsewhere in Georgia law (O.C.G.A. § 36-66-3).
- Repeals any existing state laws that conflict with this new rule.
Who it affects
Georgia county and municipal governments that adopt temporary moratoriums on permits or zoning decisions, and property owners or developers who have already received written approval or unrelated permits from those local governments for a specific development project.
Why it matters
When a city or county pauses new permits through a moratorium, developers who already got written approval or unrelated permits for a project could otherwise see that project stalled anyway. This bill would let those specific projects continue despite a later moratorium, while other properties without prior approval would still be paused.
Key provisions
- Section 1 adds new Code section 36-60-34 to Chapter 60 of Title 36 of the Official Code of Georgia Annotated, which covers general rules for counties and cities.
- Subsection (a) defines 'zoning decision' by cross-referencing the definition already in O.C.G.A. § 36-66-3.
- Subsection (b) states that a temporary moratorium on permits or zoning decisions does not apply to a property if the local government already gave written, good-faith approval for an identified development, or already issued unrelated permits for that property's development.
- Section 2 repeals any conflicting laws.
From the bill
“such moratorium shall not apply to any property where the governing authority for such local government has given, in good faith, written approval, or confirmation for an identified development of such property”
Discussed in meetings (5)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
House Governmental Affairs Committee, March 5, 2026
From 2:08:27 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: A committee member introducing HB 1442 described a development that had permits and grading underway when a county moratorium stopped work, reportedly costing the developer $7 million. The sponsor said the bill would prevent a later moratorium from stopping property development once a permit had been issued. Members approved an amendment deleting references to individual local officials who could bind a government and removing support as a qualifying action. The sponsor said the Georgia Municipal Association suggested those changes. One member asked whether the bill covered commercial and industrial projects and could limit communities’ ability to stop unwanted development discovered late in the process. The sponsor said it covered any permitted property and argued that residents generally had opportunities to participate before permits were issued. Asked whether the measure targeted affordable housing, the sponsor described it instead as a balance between property rights and local control. The sponsor declined a suggestion to exclude industrial property; no such amendment was offered. The committee approved the amended bill by voice vote, with opposition heard.
House Rules Committee, March 6, 2026
From 0:31:21 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 1442 would prohibit local governments from imposing development moratoriums on projects after permits have been issued. The sponsor described the proposal as protecting applicants who had met requirements and spent money, and said ACCG had not objected and GMA's concerns had been addressed through revised language. One member asked for an actual example and whether the protection would apply when construction was delayed for years. The sponsor cited a project but could not identify its location or timing, and repeated that the bill prohibited moratoriums after permit issuance. A second member asked why the moratorium had been imposed and how serious the underlying problem was. The sponsor did not know the reason, but said the bill arose from one particular case and argued that permitted development supports jobs and local tax revenue. Members lacked copies, and the chair said copies would be provided before further consideration. No decision was recorded.
Status timeline
- House Committee Favorably Reported By Substitute (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Dale Washburn (R, HD-144)
- Bill Werkheiser (R, HD-157)
- Matt Reeves (R, HD-99)
- Clint Crowe (R, HD-118)
- Josh Bonner (R, HD-73)
Topics
- local government
- zoning
- building permits
- development moratoriums
- property rights