HB 1509: Local government; zoning procedures; operation of immigration detention centers; require special use permits

Currently, local governments in Georgia set their own zoning rules for what kinds of facilities need extra approval before they can operate. This bill would add a new rule to the state's zoning law (O.C.G.A. Chapter 66 of Title 36): any city or county that already has a zoning ordinance could not allow an immigration detention center to open, expand, or receive transferred land without first requiring a special use permit, which is an extra layer of local government approval beyond a standard zoning designation. The bill defines an immigration detention center as any facility in Georgia, public or private, that holds people detained under federal immigration authority pending proceedings or removal. It also defines a detainee and a special use permit. The requirement would apply to both new detention center operations and to any transfer of local land to the federal government for that purpose. It would take effect July 1, 2026, and apply to zoning decisions made on or after that date.

• Adds a new Code section (O.C.G.A. § 36-66-8) requiring local governments with zoning ordinances to mandate special use permits for immigration detention centers.
• Covers both operating or developing a detention center on local land and transferring local land to the federal government for that purpose.
• Defines key terms including 'detainee,' 'immigration detention center,' 'permit,' and 'special use' to clarify what facilities and processes are covered.
• Bars local governments from adopting or enforcing any zoning decision or ordinance that skips the special use permit requirement for these facilities.
• Sets an effective date of July 1, 2026, applying only to zoning decisions made on or after that date.

County and municipal governments that have adopted zoning ordinances, companies operating private detention facilities under federal contracts, federal agencies like the U.S. Department of Homeland Security and Immigration and Customs Enforcement, and residents near potential detention center sites.

If enacted, local governments could no longer wave through a new immigration detention center or a land transfer for one through routine zoning approval. They would have to run it through the special use permit process, which typically involves public hearings and added local scrutiny before such a facility could open or expand.

• Section 1 adds new Code section 36-66-8 defining 'detainee,' 'immigration detention center,' 'permit,' and 'special use' for purposes of this rule.
• Subsection (b)(1) requires a special use permit before any detention center can operate or be developed within a local government's boundaries.
• Subsection (b)(2) requires a special use permit before local land can be transferred to the federal government for detention center use.
• Section 2 sets the effective date as July 1, 2026, applying to zoning decisions made on or after that date.
• Section 3 repeals any conflicting state laws.

1. 2026-03-09House Second Readers (House)
2. 2026-03-06House First Readers (House)
3. 2026-03-04House Hopper (House)

• El-Mahdi Holly (D, HD-116)Primary sponsor
• Gabriel Sanchez (D, HD-042)
• Mary Ann Santos (D, HD-117)
• Bryce Berry (D, HD-056)

• immigration detention centers
• local zoning
• special use permits
• county and city government