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 LegiScan holds.
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”
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-008)
- Clint Crowe (R, HD-118)
- Clint Dixon (R, SD-045)
Votes
- House voteMarch 4, 2025
169 yea, 3 nay (5 not voting, 3 absent)
- Senate voteApril 2, 2026
47 yea, 0 nay (3 not voting, 4 absent)
Topics
- building permits
- county police
- local government referendums
- land-disturbance permits
- zoning moratoriums