Georgia CommonsHB 521: Local government; deannexation of certain properties; revise procedures
Comm Sub version, the latest LegiScan holds · Last action March 31, 2026 · Engrossed
The text as LegiScan holds it, read from the PDF the legislature publishes with its margin line numbers, running heads, and page footers removed. Line breaks are joined into paragraphs here; no word is changed.
Underlined words are what the bill adds to current law and struck-through words are what it removes, as the printed bill shows them.
The Senate Committee on State and Local Governmental Operations - General offered the following substitute to HB 521:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory, so as to provide for equal reporting requirements for annexations and deannexations; to provide that certain such annexations are contingent upon approval of the county in which the subject property is located; to revise procedures related to the deannexation of certain properties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory, is amended by revising Code Section 36-36-3, relating to report identifying annexed property, maps and surveys, technical assistance to municipalities, and preclearance, as follows:
"36-36-3.
(a) The clerk, city attorney, or other person designated by the governing authority of any municipality annexing or deannexing property shall file a report identifying any property annexed or deannexed with the Department of Community Affairs, the Legislative and Congressional Reapportionment Office of the General Assembly, and with the county governing authority of the county in which the property being annexed or deannexed is located. Such reports shall be filed, at a minimum, not more than 30 days following the last day of the quarter in which the annexation or deannexation becomes effective but may be filed more frequently. Each report shall include the following:
(1) The legal authority under which the annexation or deannexation was accomplished, which shall be the ordinance or resolution number for any annexation or deannexation effected pursuant to Article 2, 3, 4, or 6, or 8 of this chapter or the Act number if effected by local Act of the General Assembly;
(2) The name of the county in which the property being annexed or deannexed is located; the total acreage annexed or deannexed; the enactment date and effective date of the annexation or deannexation ordinance, resolution, or local Act of the General Assembly;
(3) A letter from the governing authority of any municipality annexing or deannexing property stating its intent to add the annexed area to, or remove the deannexed area from, maps provided by the United States Bureau of the Census during their next regularly scheduled boundary and annexation survey of the municipality and stating that the survey and map will be completed as instructed and returned to the United States Bureau of the Census;
(4) A list identifying roadways, bridges, and rights of way on state routes that are annexed or deannexed and, if necessary, the total mileage annexed or deannexed; and
(5) A digital shapefile of the annexed or deannexed area.
(b) The submission of a report required under subsection (a) of this Code section shall be made in writing and in electronic format to the Department of Community Affairs, the Legislative and Congressional Reapportionment Office of the General Assembly, and to others as required by the submitting municipality.
(c)(1) The Department of Community Affairs shall notify the clerk, city attorney, or other person designated by the governing authority of the annexing or deannexing municipality within 30 days after receipt of a report submitted under subsection (a) of this Code section if it determines the submission to be incomplete. The Legislative and Congressional Reapportionment Office of the General Assembly shall notify the clerk, city attorney, or other person designated by the governing authority of the annexing or deannexing municipality within 60 days after receipt of a report submitted under subsection (a) of this Code section if it determines the submission to be incomplete. The annexing or deannexing municipality shall file a corrected report with the department, Legislative and Congressional Reapportionment Office of the General Assembly, and the county governing authority where the annexed or deannexed property is located within 45 days from the date of the notice of any deficiency.
(2) No annexed or deannexed area shall be added to or removed from the state map until such report has been properly submitted to the Department of Community Affairs and the Legislative and Congressional Reapportionment Office of the General Assembly. The Department of Community Affairs shall not provide a certification of annexation or deannexation to the United States Census Bureau unless the governing authority of the annexing or deannexing municipality has filed a completed report as required under subsection (a) of this Code section.
(3) Compliance with the requirements of this Code section shall be construed to be merely ancillary to and not an integral part of the annexation or deannexation procedure such that an annexation or deannexation shall, if otherwise authorized by law, become effective even though required filings under this Code section are temporarily delayed.
(d) The Department of Community Affairs may provide technical assistance to any municipality with respect to the requirements of subsection (a) of this Code section.
(e) The Department of Community Affairs shall maintain the annexation and deannexation reports submitted to it pursuant to this Code section for two years. Such Annexation reports shall be subject to disclosure and inspection under Article 4 of Chapter 18 of Title 50 while maintained in the possession of the Department of Community Affairs. Two years after receipt of an annexation or deannexation report from a municipality, the Department of Community Affairs shall transfer possession of such report to the Division of Archives and History for permanent retention.
(f) In the event that any municipality annexing or deannexing property cannot produce the digital shapefile required by paragraph (5) of subsection (a) of this Code section by utilizing its own geographic information system, the regional commission established pursuant to Article 2 of Chapter 8 of Title 50 for the county that includes such municipality shall assist such municipality in producing and providing such digital shapefile.
(g) The governing authority of any municipality annexing or deannexing property shall add all annexed areas to, and remove all deannexed areas from, maps provided by the United States Census Bureau during the next regularly scheduled boundary and annexation survey of the municipality, complete the survey and map as instructed, and return them to the United States Census Bureau within the time frame requested."
SECTION 2.
Said chapter is further amended is amended by revising Code Section 36-36-21, relating to annexation upon application of all land owners, filing of identification of annexed property with Department of Community Affairs and county governing authority, and effect of annexation, as follows:
"36-36-21.
(a) Authority is granted to the governing bodies of the several municipal corporations of this state to annex to the existing corporate limits thereof unincorporated areas contiguous to the existing corporate limits at the time of such annexation, in accordance with the procedures provided in this article and in Article 1 of this chapter, upon the written and signed applications of all of the owners of all of the land, except the owners of any public street, road, highway, or right of way, proposed to be annexed, containing a complete description of the lands to be annexed. Lands to be annexed at any one time shall be treated as one body, regardless of the number of owners, and all parts shall be considered as adjoining the limits of the municipal corporation when any one part of the entire body abuts such limits. When such application is acted upon by the municipal authorities and the land is, by ordinance, annexed to the municipal corporation, an identification of the property so annexed shall be filed with the Department of Community Affairs and with the governing authority of the county in which the property is located in accordance with Code Section 36-36-3. When so annexed, such lands shall constitute a part of the lands within the corporate limits of the municipal corporation as completely and fully as if the limits had been marked and defined by local Act of the General Assembly. Except as provided in subsection (c) of Code Section 36-36-20, nothing in this article shall be construed to authorize annexation of the length of any public right of way except to the extent that such right of way adjoins private property otherwise annexed by the municipal corporation.
(b) Notwithstanding any other provisions of this chapter to the contrary, in any county in which an airport is owned or operated either by such county or a local authority and such airport is adjacent to 9,000 acres or more of property currently or formerly owned by a municipality that has no incorporated territory within such county, any proposed annexation pursuant to this article is contingent upon the adoption of a resolution by the governing authority of such county consenting to such annexation.
(c) Notwithstanding any other provisions of this chapter to the contrary, in any county in which a municipality is located both in such county and in a massively municipalized county as provided for in Code Section 36-62-4.1, any proposed annexation pursuant to this article by any municipality located within such county that also has two city councilmembers elected from the city at large as well as at least two councilmembers elected from districts or wards is contingent upon the adoption of a resolution by the governing authority of such county consenting to such annexation; provided, however, that this subsection shall not apply to any municipality located in a county where a tax is levied for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Georgia Laws, 1964, page 1008, the continuation of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution, and the laws enacted pursuant to such constitutional amendment.
(d) Notwithstanding any other provisions of this chapter to the contrary, in any county with an unincorporated county seat where the county government owns and operates utilities offering broadband services that directly support institutions and infrastructure including, but not limited to, county, local school system, or municipal government buildings, traffic signals, water and sewer infrastructure, 911 services, law enforcement, fire departments, and emergency management, and where such county abuts a military garrison of over 5,000 or more active duty personnel, any proposed annexation pursuant to this article by any municipality located within such county is contingent upon the adoption of a resolution by the governing authority of such county consenting to such annexation."
SECTION 3.
Said chapter is further amended in Code Section 36-36-131, relating to application for deannexation, scope, filing of notification of deannexation, and reannexation, by revising subsection (a) as follows:
"(a) Authority is granted to the governing authority of any municipality to deannex an area or areas of the existing corporate limits thereof, in accordance with the procedures provided in this article and in Article 1 of this chapter, upon the written and signed applications of all of the owners of all of the land, except the owners of any public street, road, highway, or right of way, proposed to be deannexed, containing a complete description of the lands to be deannexed; provided, however, that no more than ten parcels of property may be deannexed in one action and only upon the adoption of a resolution by the governing authority of the county in which such property is located consenting to such deannexation. If the governing authority of the county consents to the deannexation and the deannexation conforms with the requirements of this article, the governing authority of the municipal corporation shall approve such deannexation unless it finds that the deannexation would be detrimental to the health, safety, and welfare of the residents and property owners of the area to be deannexed or to the area remaining within the municipality. If the county is the owner of all parcels proposed for deannexation and the governing authority of the county consents, the governing authority of the municipal corporation shall approve such deannexation within 90 days of the date of the filing of a deannexation application unless it finds that the deannexation would be detrimental to the health, safety, and welfare of the residents and property owners of the area to be deannexed or to the area remaining within the municipality."
SECTION 4.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.