HB 1442: Local government; local moratoria shall not apply to certain properties in certain circumstances; provide

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.

• 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.

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.

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.

• 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.

1. 2026-03-06House Committee Favorably Reported By Substitute (House)
2. 2026-02-26House Second Readers (House)
3. 2026-02-25House First Readers (House)
4. 2026-02-24House Hopper (House)

• Dale Washburn (R, HD-144)Primary sponsor
• William Werkheiser (R, HD-157)
• Matt Reeves (R, HD-099)
• Clint Crowe (R, HD-118)
• Josh Bonner (R, HD-073)

• local government
• zoning
• building permits
• development moratoriums
• property rights