---
title: 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
collection: bills
id: 2025-2026/hb309
cite_as: HB 309, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb309
md_url: https://georgiacommons.org/bills/2025-2026/hb309.md
text_url: https://georgiacommons.org/bills/2025-2026/hb309/text
source_url: https://www.legis.ga.gov/legislation/70020
date: 2026-04-02
status: engrossed
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: 1143
omitted_url: https://georgiacommons.org/bills/2025-2026/hb309.md?full=1
bill_number: HB 309
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-03-04
last_action: Senate Passed/Adopted By Substitute
sponsors:
- Rob Clifton
- Houston Gaines
- Marcus Wiedower
- Stan Gunter
- Clint Crowe
- Clint Dixon
text_version: Comm Sub
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB309/2025
upstream_id: 1961024
summaries_model: claude-sonnet-5
topic_tags:
- building permits
- county police
- local government referendums
- land-disturbance permits
- zoning moratoriums
---
# 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
## Text
SENATE SUBSTITUTE TO HB 309
ADOPTED SENATE
A BILL TO BE ENTITLED
AN ACT
To amend Title 8, Title 12, Title 50, and Title 36 of the Official Code of Georgia Annotated,
relating to buildings and housing, conservation and natural resources, and local government,
respectively, so as to revise provisions related to inspections submitted by private
professional providers; to revise provisions regarding denial or nonacceptance of permits;
to require local issuing authorities to provide rejected permit applicants with a written list of
reasons for denial within specified time frames; to provide for refunding of fees; to provide
for mandamus; to toll such timing requirements in certain circumstances; to provide
exceptions; to require adoption of a resolution or ordinance and voter approval prior to
abolishment of a police force that was created by such method; to provide for a referendum;
to provide general provisions for counties and municipalities regarding the acceptance,
denial, or nonacceptance of certain permits; to require unambiguous criteria for approval of
permits; to require completed applications; to require local issuing authorities to provide
rejected permit applicants with a written list of reasons for denial within specified time
frames; to provide for refunding of fees; to provide for exceptions; to provide for access to
real-time status information relative to building permit application status; to provide that
local moratoria shall not apply to certain properties in certain circumstances; to provide for
definitions; to amend Code Section 50-14-1 of the Official Code of Georgia Annotated,
relating to meetings open to the public, limitation on action to contest agency action,
recording, notice of time and place, access to minutes, and teleconference, so as to revise a
provision authorizing community service boards to conduct teleconference meetings under
certain circumstances; to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is
amended in Chapter 2, relating to standards and requirements for construction and alteration
of buildings and other structures, by revising paragraph (14) of subsection (g) of Code
Section 8-2-26, relating to local enforcement, inspectors, and building permits, as follows:
"(14) Upon submission by the private professional provider of a copy of his or her an
approved inspection report to the local governing authority, said local governing authority
shall be required to accept the inspection of the private professional provider without the
necessity of further inspection or approval by the inspectors or other personnel employed
by the local governing authority unless said governing authority has notified the private
professional provider, within two such inspection shall be deemed approved as a matter
of law. The local governing authority shall have two business days after the submission
of the inspection report, that it finds the report incomplete or the inspection inadequate
and has provided the private professional provider to notify the private professional
provider of any deficiencies in such inspection report with a written description of the
such deficiencies and specific regulatory requirements that have not been adequately
addressed. The private professional provider shall submit a corrected inspection report
after receiving notice from the local governing authority of deficiencies in such
inspection report, but in no event shall any deficiency in an inspection report or a
correction to such report prevent the completion of work that has been approved by the
private professional provider or otherwise delay the progress of the project related to the
private professional provider's inspection."
SECTION 2.
Title 12 of the Official Code of Georgia Annotated, relating conservation and natural
resources, is amended in Chapter 7, relating to control of soil erosion and sedimentation, by
revising paragraph (10.3) of and adding new paragraphs to Code Section 12-7-3, relating to
definitions, to read as follows:
"(3.1) 'Completed application' means a submitted plan, application, or request for
inspection that contains all information and supporting documentation required by the
local issuing authority in making its determination as to whether the plan, application, or
request is in compliance with regulatory requirements."
"(10.3) 'Material addition' means anything added to a resubmitted application that is not
directly related to a comment or request of the local issuing authority.
(10.4) 'Operator' means the party or parties that have:
(A) Operational control of construction project plans and specifications, including the
ability to make modifications to those plans and specifications; or
(B) Day-to-day operational control of those activities that are necessary to ensure
compliance with a storm-water pollution prevention plan for the site or other permit
conditions, such as a person authorized to direct workers at a site to carry out activities
required by the storm-water pollution prevention plan or to comply with other permit
conditions."
SECTION 3.
Said title is further amended in said chapter by revising Code Section 12-7-9, relating to
applications for permits, erosion and sediment control plans and data, and time for issuance
or denial, as follows:
"12-7-9.
(a) Completed applications Applications for permits shall be submitted in accordance with
this chapter and the rules and regulations, ordinances, and resolutions adopted pursuant to
this chapter. The local issuing authority shall specify in clear and unambiguous language
the criteria for approval of permits pursuant to this chapter. Such applications shall be
accompanied by the applicant's erosion and sediment control plans and by such supportive
data as will affirmatively demonstrate that the land-disturbing activity proposed will be
carried out in such a manner that the minimum requirements set forth in Code
Section 12-7-6 shall be met. All applications shall contain a certification stating that the
plan preparer or the designee thereof his or her designee visited the site prior to creation
of the plan or that such a visit was not required in accordance with rules and regulations
established by the board.
(b) No permit shall be issued to any applicant unless the local issuing authority
affirmatively determines that the plan embracing such activities meets the requirements of
Code Section 12-7-6. All applicable fees shall be paid prior to issuance of the land
disturbance permit by the local issuing authority.
(c) Permits shall be issued or denied as soon as practicable after the application therefor
for such permit has been filed with the local issuing authority, but in any event not later
than 45 days thereafter after such filing. During the first five days after filing of the
application, the local issuing authority shall determine whether the application is complete
and whether external review will be required pursuant to subsection (e) of this Code
section, in which event the local issuing authority shall notify the external reviewer of the
filing of the application. If after such five-day period the local issuing authority fails to
provide notice to the applicant that the application is incomplete, the application shall be
deemed complete. In the event that a permit has been denied or deemed not accepted and
the applicant thereafter resubmits the application in modified form to address deficiencies
identified in the stated reasons for denial or nonacceptance pursuant to subsection (a) of
Code Section 12-7-11, then the local issuing authority shall cause the permit to be issued
or denied as soon as practicable after such resubmission, but in any event not later than:
(1) Twenty days after the first resubmission by the applicant; or
(2) Fourteen days after any subsequent resubmission by the applicant;
provided, however, that, for any review by the local issuing authority following a
resubmission by the applicant, the local issuing authority may not issue any comments on
aspects of the application that are not related to its initial comments on such application or
any changes made in a resubmission of the application. The provisions of this subsection
shall not apply to any development of regional impact, as determined by the Department
of Community Affairs pursuant to Article 1 of Chapter 8 of Title 50.
(d) If a local issuing authority requires compliance with additional regulatory items by the
applicant beyond erosion and sediment control, including, but not limited to, storm-water
management or utility approvals that are subject to the approval of such local issuing
authority, all such requirements shall be subject to the review time frames imposed in
subsection (c) of this Code section.
(e) If a local issuing authority is required to utilize a state or federal agency, local
government other than the local issuing authority, or utility provider to conduct a portion
of its plan or permit review pursuant to this chapter, the local issuing authority shall
provide to the applicant a list of such items that require external review. The review time
frames imposed in subsection (c) of this Code section shall be tolled while such reviews
are being conducted by a state or federal agency."
SECTION 4.
Said title is further amended in said chapter by revising Code Section 12-7-11, relating to
statement of reasons for denial of permit required, conditions for approval, and suspension,
revocation, or modification of permit, as follows:
"12-7-11.
(a) Within the time frames specified by Code Section 12-7-9, the local issuing authority
shall issue or deny the permit. In the event that such authority does not issue or deny a
permit within the provided time frame, the local issuing authority shall refund all fees
collected in association with the applicant's permit application. The local issuing authority,
upon denial of a permit, shall state its reasons for the denial, setting forth specifically
wherein where such application is found to be deficient. No local issuing authority shall
deny or deem not accepted a permit for any reason that is not an authorized reason for
denial or nonacceptance under local, state, or federal law with which the application or
plans do not comply. Concurrently with denial or nonacceptance, the local issuing
authority shall provide to the applicant a written list of the reasons for such denial or
nonacceptance and sufficient information and documentation supporting each such reason.
Should the applicant make material additions to the resubmitted application that are
unrelated to the cited reasons for the denial or nonacceptance of the original application,
the local issuing authority shall also address such additions in reviewing the resubmitted
application. Material additions to any resubmitted application or to any application which
the local issuing authority has notified the applicant is incomplete shall be deemed new
applications subject to the review timeline provided for in subsection (c) of Code
Section 12-7-9. Any land-disturbing activity permitted under this chapter shall be carried
out in accordance with this chapter and the ordinance, resolution, or rules and regulations
adopted and promulgated pursuant to this chapter. The local issuing authority shall specify
on the permit the conditions under which the activity may be undertaken.
(b) The permit may be suspended, revoked, or modified by the local issuing authority, as
to all or any portion of the land affected by the plan, upon a finding that the holder or his
or her successor in title is not in compliance with the approved erosion and sediment
control plan or that the holder or his or her successor in title is in violation of this chapter
or any ordinance, resolution, rule, or regulation adopted or promulgated pursuant to this
chapter. A holder of a permit shall notify any successor in title to him or her as to all or
any portion of the land affected by the approved plan of the conditions contained in the
permit.
(c) An applicant aggrieved by a local issuing authority's failure to comply with any
requirement of this Code section may petition the superior court for mandamus relief, and
such petition shall receive priority on such court's docket."
SECTION 5.
Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended
in Chapter 8, relating to county police, by revising Code Section 36-8-2, relating to terms of
office, removal, and authority to abolish county police force, as follows:
"36-8-2.
(a) Except as otherwise provided for in subsection (b) of this Code section, the The terms
for which county police shall be elected or appointed shall be left to the discretion of the
county governing authority. Such county police or any member thereof may be removed
from office at any time, at the will of the county governing authority, with or without
cause. A resolution or ordinance authorizing the creation of a county police force adopted
by a county governing authority and approved by the qualified electors of the county in a
special election as provided in subsection (b) of Code Section 36-8-1 shall not affect the
power of the county governing authority to abolish a county police force at any time.
(b)(1) 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.
(2) Any county governing authority seeking to abolish a police force created pursuant
to subsection (b) of Code Section 36-8-1 may authorize, through proper resolution or
ordinance, the abolishment of such county police force. No resolution or ordinance
adopted pursuant to this paragraph shall become effective until the governing authority
of the county has submitted to the qualified electors of the county the question of whether
the resolution or ordinance shall be approved or rejected. The county governing authority
shall establish the date of the election in compliance with Code Section 21-2-540, which
shall be not less than 30 days after the call of the election, and shall notify the county
election superintendent of its decision as to the date. The election superintendent shall
issue the call for the election and shall specify that the election shall be held on the date
determined by the county governing authority. The election superintendent shall cause
the date and purpose of the election to be published once a week for two weeks
immediately preceding the date thereof in the official organ of the county. The ballot
shall have written or printed thereon the following:
'( ) YES Shall the resolution or ordinance adopted by the governing authority
( ) NO of (Name of County) to abolish the county police force be approved?'
(3) Those persons desiring to vote in favor of the abolishment of the county police force
shall vote 'Yes,' and those persons opposed to the abolishment of the county police force
shall vote 'No.' If more than one-half of the votes cast on the question are in favor of the
abolishment of the county police force, then the county governing authority shall be
authorized to abolish the county police force pursuant to the provisions of this chapter;
otherwise, the county police force shall not be abolished. 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
immediately following the month in which such election was held. The county election
superintendent shall hold and conduct the election under the same rules and regulations
as govern special elections, except as otherwise provided in paragraph (2) of this
subsection. He or she shall canvass the returns and declare and certify the result of the
election to the Secretary of State. The expense of any such election shall be borne by the
county wherein the election was held."
SECTION 6.
Said title is further amended in Chapter 60, relating to general provisions applicable to
counties and municipal corporations, by adding a new Code section to read as follows:
"36-60-34.
(a) As used in this Code section, the term:
(1) 'Building permit' means any permit, approval, or authorization issued by a county or
municipal government relating to the construction, alteration, expansion, demolition, or
substantial renovation of a structure. For purposes of this section, land disturbance
permits are included.
(2) 'Local government' means a county, municipality, or consolidated government that
issued more than 250 building permits in the preceding calendar year.
(3) 'Real time' means updated contemporaneously with, or within one business day of
any change in the status of a building permit.
(4) 'Status' means the current stage of review or action on a building permit application.
(b) Beginning January 1, 2028, each local government shall maintain a publicly accessible
website or application that provides real-time status information for all building permits for
which an application has been submitted.
(c) The website required by subsection (b) of this Code section shall, at a minimum,
display the following information for each building permit:
(1) Permit application number;
(2) Date of application submission;
(3) Property address or parcel identification number;
(4) Type of permit applied for;
(5) Current status of the permit, including, but not limited to:
(A) 'Submitted';
(B) 'Under review';
(C) 'Incomplete' or 'additional information required';
(D) 'Approved';
(E) 'Issued';
(F) 'Suspended';
(G) 'Denied'; or
(H) 'Closed';
(6) Date of the most recent status update;
(7) Any failures to meet deadlines for approval or denial set by state or local law;
(8) The statutory basis for any denials; and
(9) Identification of the reviewing department or office.
(d) The permit status information required by subsection (c) of this Code section shall be:
(1) Searchable by permit number, property address, or parcel identification number;
(2) Available to the public without charge, registration, or login; and
(3) Presented in a format that is continuously accessible and reasonably usable by the
general public.
(e) Local governments shall ensure that permit status information is accurate and updated
in real time. A local government may satisfy the requirements of this Code section by
providing a direct public link to a third-party permitting or records management system,
provided such system displays the information required by subsection (c) of this Code
section.
(f) This Code section shall not require the disclosure of:
(1) Information protected from public disclosure under state or federal law; or
(2) Personal identifying information of permit applicants beyond what is otherwise
publicly available under state law.
(g) Nothing in this Code section shall be construed to alter substantive permitting
standards, review timelines, or appeal rights otherwise provided by law."
SECTION 7.
Said title is further amended in said chapter by adding a new Code section to read as follows:
"36-60-35.
(a) As used in this Code section, the term 'zoning decision' shall have the same meaning
as set forth in Code Section 36-66-3.
(b) In the event that a county or municipality adopts or enacts a temporary moratorium on
the issuance of one or more permits or zoning decisions, such moratorium shall not apply
to any property where the governing authority for such local government has given, in good
faith, official written approval, or confirmation for a specific development scope for such
property, or where such local government issued permits not related to the matters subject
to the moratorium for the development of such property."
SECTION 8.
Code Section 50-14-1 of the Official Code of Georgia Annotated, relating to meetings open
to the public, limitation on action to contest agency action, recording, notice of time and
place, access to minutes, and teleconference, is amended by revising subparagraph (A) of
paragraph (1) of subsection (h) as follows:
"(h)(1) The following bodies and committees thereof shall be authorized to conduct
meetings by teleconference, provided that any such meeting shall be considered to be
conducted in compliance with this chapter so long as the notice required by this chapter
is provided and, if fewer than a quorum of the members of a body or committee thereof
are physically present, means have been afforded for the public to have simultaneous
access to the teleconference meeting:
(A) Development Authorities created pursuant to or authorized by the provisions of
Chapter 41 or Chapter 61 of Title 36, development authorities created pursuant to or
authorized by the provisions of Chapter 42 or Chapter 62 of Title 36, by or pursuant to
Article IX, Section VI, Paragraph III of the Georgia Constitution, or by or pursuant to
any amendment to the Constitution continued pursuant to the authority of Article XI,
Section I, Paragraph IV of the Constitution;"
SECTION 9.
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 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.
### Plain-language summary
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 it 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.
## Status
- Status: Engrossed (2025-03-04)
- Last action: Senate Passed/Adopted By Substitute (2026-04-02)
- Sponsors: Rob Clifton, Houston Gaines, Marcus Wiedower, Stan Gunter, Clint Crowe, Clint Dixon
- Official page: https://www.legis.ga.gov/legislation/70020
> The history, votes, and amendments (1,143 characters) are at https://georgiacommons.org/bills/2025-2026/hb309.md?full=1