---
title: HB 1509. Local government; zoning procedures; operation of immigration detention centers; require special use permits
collection: bills
id: 2025-2026/hb1509
cite_as: HB 1509, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1509
md_url: https://georgiacommons.org/bills/2025-2026/hb1509.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1509/text
source_url: https://www.legis.ga.gov/legislation/73878
date: 2026-03-09
status: introduced
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: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1509.md?full=1
bill_number: HB 1509
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-03-04
last_action: House Second Readers
sponsors:
- El-Mahdi Holly
- Gabriel Sanchez
- Mary Ann Santos
- Bryce Berry
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1509/2025
upstream_id: 2129485
summaries_model: claude-sonnet-5
topic_tags:
- immigration detention centers
- local zoning
- special use permits
- county and city government
---
# HB 1509. Local government; zoning procedures; operation of immigration detention centers; require special use permits
## Text
House Bill 1509
By: Representatives Holly of the 116th, Sanchez of the 42nd, Santos of the 117th, and Berry
of the 56th
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 applicable to counties and municipal corporations, so as to require local
governments that have adopted zoning ordinances to require special use permits for the
operation of immigration detention centers; to provide for definitions; to provide for related
matters; to provide for an effective date and applicability; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning
procedures applicable to counties and municipal corporations, is amended by adding a new
Code section to read as follows:
"36-66-8.
(a) As used in this Code section, the term:
(1) 'Detainee' means a noncitizen who is held in an immigration detention center pending
immigration proceedings or removal from the United States under the authority of the
United States Department of Homeland Security, United States Immigration and Customs
Enforcement, or any other department or agency of the federal government.
(2) 'Immigration detention center' means any facility located in this state that holds
detainees, including private facilities contracted by the federal government to hold such
detainees.
(3) 'Permit' means a written governmental permission issued by an authorized official,
empowering the holder thereof to do some act not forbidden by law but not allowed
without such authorization.
(4) 'Special use' means a use being permitted if it meets stated conditions and is approved
as provided for in a local government's zoning ordinance.
(b) Notwithstanding any other provision of this chapter, a local government that has
adopted a zoning ordinance pursuant to this chapter shall not adopt or enforce any zoning
decision or zoning ordinance that does not require the issuance of a special use permit for:
(1) The operation or development of a detention center upon any real property within the
territorial boundaries of such local government; or
(2) The transfer of any real property within the territorial boundaries of such local
government to the federal government for the operation of a detention center."
SECTION 2.
This Act shall become effective on July 1, 2026, and shall apply to all zoning decisions
occurring on and after such date.
SECTION 3.
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.
A Georgia House bill would require any county or city with a zoning ordinance to make immigration detention centers get a special use permit before opening or expanding on local land.
### Plain-language summary
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.
### What it does
- Adds a new Code section (O.C.G.A. ยง 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.
### Who it affects
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.
### Why it matters
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.
### Key provisions
- 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.
## Status
- Status: Introduced (2026-03-04)
- Last action: House Second Readers (2026-03-09)
- Sponsors: El-Mahdi Holly, Gabriel Sanchez, Mary Ann Santos, Bryce Berry
- Official page: https://www.legis.ga.gov/legislation/73878
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb1509.md?full=1