House · Engrossed · 2025-2026 Regular Session
HB 309: Local government; require adoption of a resolution or ordinance and voter approval prior to abolishment of a police force that was created by such method
Last action April 2, 2026 · Senate Passed/Adopted By Substitute
A Senate-amended House bill would overhaul how Georgia local governments handle building and land-disturbance permits, require voter approval before a county abolishes a police force created by referendum, and set new public permit-tracking rules for larger local governments.
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
This bill bundles several changes to Georgia law. It rewrites how local governments handle private inspection reports for buildings, deeming them approved unless the local government flags problems within two business days. It sets strict timelines (often 45 days, with shorter windows for resubmissions) for local governments to approve or deny land-disturbance permits under Georgia's soil erosion law, requires written reasons for any denial, and lets applicants sue for mandamus (a court order forcing action) if a local government misses deadlines. The bill also changes county police law so that once voters approve creating a county police force by referendum, the county governing authority can only abolish it by adopting a resolution or ordinance and getting voter approval in another election. Starting January 1, 2028, counties and cities that issue more than 250 building permits a year must run a public website showing real-time permit status. It also limits how construction moratoriums apply to already-approved projects and tweaks which authorities can meet by teleconference.
What the bill does
- Deems a private inspector's building report automatically approved unless the local government flags deficiencies in writing within two business days.
- Sets firm deadlines (45 days for new applications, 20 or 14 days for resubmissions) for local governments to approve or deny land-disturbance permits under Georgia's erosion control law.
- Requires local governments to refund permit fees and allows applicants to seek a court order (mandamus) if permit deadlines are missed.
- Requires a county governing authority to hold a voter referendum before abolishing a county police force that voters originally created by referendum.
- Requires larger counties and cities (those issuing more than 250 building permits a year) to post real-time online permit status information starting January 1, 2028.
- Bars local construction moratoriums from applying to properties that already received written approval or unrelated permits for their development.
Who it affects
County and municipal governments, building and land-disturbance permit applicants, private professional inspectors, county police forces and the voters who created them, and local zoning and permitting offices are all affected by this bill's new deadlines, disclosure rules, and referendum requirements.
Why it matters
Builders and property owners would get faster, more predictable permit decisions and a legal remedy if local governments stall. Residents who voted to create a county police force would gain a guaranteed say before it could be eliminated, and the public would get an online way to track permit applications in larger jurisdictions.
Key provisions
- Section 1 changes O.C.G.A. § 8-2-26 so a private inspector's report is automatically approved unless the local government objects with specific reasons within two business days.
- Sections 2 through 4 amend O.C.G.A. §§ 12-7-3, 12-7-9, and 12-7-11 to define 'completed application,' set 45-day and shorter resubmission deadlines for land-disturbance permits, require written denial reasons, require fee refunds for missed deadlines, and allow mandamus lawsuits.
- Section 5 amends O.C.G.A. § 36-8-2 to require a county resolution or ordinance plus voter approval in a special election before abolishing a county police force originally created by referendum, and bars resubmitting a rejected question for 48 months.
- Section 6 creates new O.C.G.A. § 36-60-34 requiring counties and cities issuing over 250 permits a year to maintain a real-time public permit status website starting January 1, 2028, listing application numbers, statuses, and denial reasons.
- Section 7 creates new O.C.G.A. § 36-60-35 preventing local construction moratoriums from applying to properties with prior written development approval.
- Section 8 revises O.C.G.A. § 50-14-1 to expand which development authorities may hold teleconference meetings.
From the bill
“Such inspection shall be deemed approved as a matter of law.”
“A county police force created pursuant to subsection (b) of Code Section 36-8-1 shall be abolished only by adoption of a resolution or ordinance by a county governing authority and with approval by the qualified electors of such county pursuant to this subsection.”
“If the resolution or ordinance is rejected by the qualified electors, the question of the abolishment of the county police force may not again be submitted to the voters of the county within 48 months”
Discussed in meetings (7)
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.
Senate State and Local Governmental Operations Committee, January 29, 2026
From 0:56:16 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The chair called the bill and asked whether the sponsor was present. With the sponsor absent, the chair moved to the next bill. No presentation, debate or vote occurred.
Senate State and Local Governmental Operations Committee, February 9, 2026
From 0:10:12 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 309 would require a governing-body vote and voter approval to abolish a police department created through that process. The sponsor described repeated creation and dissolution of departments as a source of instability and political control. One member questioned how a government could respond if it could no longer afford its department. The sponsor said officials should explain financial problems to residents. Another member supported public involvement because of police departments’ safety role and asked about consultation with law enforcement groups and the Georgia Municipal Association. The sponsor reported no objections from groups consulted the previous year but had not directly discussed the bill with the association. After members questioned repeated references to cities, legislative counsel clarified that the relevant chapter applies only to county police. The sponsor said there had been six such departments statewide the previous year. Members suggested increasing election notice from 30 to 90 days and using an existing election rather than a separate special election. One member said an election in one county costs $60,000. The sponsor was open to those changes. The chair identified confusion over a substitute in members’ materials and made the meeting a hearing only, with no vote.
Senate State and Local Governmental Operations Committee, March 26, 2026
From 0:54:59 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The chair initially delayed HB 309 to correct a substitute. On returning to it, the sponsor said a county police department created through a public vote should also require a public vote to abolish it. The sponsor also described protection against development moratoriums for previously approved projects. The chair explained added land-disturbance permitting provisions: 45 days for initial review, 20 for the first resubmission and 14 for later submissions, with court action available to compel compliance. One member wanted reviewers to be able to raise newly discovered safety or code issues during a second review. The chair opposed that change, saying 45 days was sufficient and delays increased development costs. Members questioned whether informal written assurances could exempt projects from later moratoriums. A witness supporting the language said developers may spend substantial sums before receiving permits and need protection when relying on local approval. The committee adopted amendments covering federal as well as state agency reviews and requiring official written approval or confirmation for a specific development scope. The amended substitute passed with one member opposed.
Senate Rules Committee, March 30, 2026
From 0:51:20 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 309 would require counties to use the same process to abolish a law enforcement agency as they used to create it. The sponsor also mentioned added plan-review and development-moratorium provisions, but the chair ended the presentation before the explanation was completed. A member selected it, and the committee unanimously approved the calendar containing it.
Senate floor session, March 31, 2026 (legislative day 39, part 2)
From 2:07:20 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Third Read)
Summary by Georgia Commons: The clerk read the bill as requiring a resolution or ordinance and voter approval before abolishing a county police force created through that process, along with a favorable committee substitute recommendation. A senator requested that the bill be tabled. The chair announced that it was tabled, without substantive debate.
Senate floor session, April 2, 2026 (legislative day 40, part 1)
From 6:40:49 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Taken from Table)
Summary by Georgia Commons: The sponsor said HB 309 would require voter approval before abolishing a county police department created through a referendum. The sponsor also described added land-disturbance permitting rules intended to improve housing affordability statewide. After an initial 45-day review, the sponsor said local authorities would have 20 days for a first resubmission and 14 days for later ones. Missed deadlines would allow a court order requiring action rather than automatic approval. The sponsor said deadlines would pause for regional-impact reviews and state or federal reviews outside local control. Another senator offered an amendment allowing the Urban Residential Finance Authority to meet by teleconference, saying public notice and real-time access would remain required under open-meetings law. The amendment and committee substitute were adopted without objection. The bill passed 47 to 0.
Status timeline
- Senate Passed/Adopted By Substitute (Senate)
- Senate Third Read (Senate)
- Senate Taken from Table (Senate)
- Senate Tabled (Senate)
- Senate Third Read (Senate)
- Senate Committee Favorably Reported By Substitute (Senate)
- Senate Recommitted (Senate)
- Senate Read Second Time (Senate)
Show full history (16 actions)
- Senate Committee Favorably Reported (Senate)
- Senate Read and Referred (Senate)
- House Passed/Adopted (House)
- House Third Readers (House)
- House Committee Favorably Reported (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Rob Clifton (R, HD-131)
- Houston Gaines (R, HD-120)
- Marcus Wiedower (R, HD-121)
- Stan Gunter (R, HD-8)
- Clint Crowe (R, HD-118)
- Clint Dixon (R, SD-45)
Votes
- House voteMarch 4, 2025
169 yea, 3 nay (5 not voting, 3 excused)
- Senate voteApril 2, 2026
47 yea, 0 nay (3 not voting, 4 excused)
Topics
- building permits
- county police
- local government referendums
- land-disturbance permits
- zoning moratoriums