SB 611: "Georgia Landowners Protection Act"; enact

Georgia local governments can currently pause zoning decisions or building permit approvals through temporary moratoria, sometimes for extended or repeated periods. This bill would limit any zoning or permitting moratorium to 90 days and bar a local government from renewing or reimposing a similar moratorium for 365 days after one expires. Before adopting a moratorium, a local government would have to give 45 days public notice explaining the reason, backed by data and analysis, published in the county legal organ and on the government's website. Emergencies, natural disasters, and imminent public health or safety threats are exempt from these limits. The bill also waives local governments' sovereign immunity (their usual legal protection from being sued) for property owners whose land loses value because a moratorium lasts beyond 90 days. Owners could sue in superior court for lost development value, carrying costs like financing and maintenance, and higher property taxes paid during the moratorium, plus attorney's fees if they win.

• Limits any zoning or building permit moratorium adopted by a Georgia county or municipality to a maximum of 90 days.
• Bars a local government from renewing or reimposing a similar moratorium for 365 days after a prior one of the same type expires.
• Requires 45 days public notice before a moratorium vote, including data-backed justification published in the county legal organ and online.
• Exempts moratoria adopted in response to declared emergencies, natural disasters, or imminent threats to public health or safety from these limits.
• Waives local governments' sovereign immunity so property owners can sue for damages caused by moratoria lasting longer than 90 days.
• Allows recovery of lost development value, carrying costs like financing and maintenance, higher property taxes paid, and attorney's fees for winning property owners.

Georgia county and municipal governments that use zoning or permitting moratoria, property owners and developers whose land is subject to such moratoria, small home builders facing approval delays, and superior courts that would hear new damage lawsuits under the bill.

Property owners and builders facing long or repeated construction pauses could sue local governments and recover money for lost value, taxes, and carrying costs. Local governments would lose flexibility to extend or repeat moratoria beyond 90 days without facing potential lawsuits and new notice requirements.

• Section 1 names the bill the 'Georgia Landowners Protection Act.'
• Section 2 states legislative findings that government delays add nearly 30 percent to home construction costs, justifying limits on moratoria.
• Section 3 amends O.C.G.A. § 36-66-4 to add subsection (i), capping zoning and permitting moratoria at 90 days and requiring 45 days public notice with supporting data before adoption.
• Subsection (i)(4) exempts moratoria responding to declared emergencies, natural disasters, or imminent public health or safety threats.
• Subsection (j) waives sovereign immunity for local governments when a moratorium exceeding 90 days reduces a property's value, allowing lawsuits in superior court.
• Subsection (j)(2) lists recoverable damages including lost development value, carrying costs, and elevated property taxes paid during the moratorium.
• Subsection (j)(3) allows courts to award attorney's fees and costs to a prevailing property owner.

1. 2026-03-03Senate Read and Referred (Senate)
2. 2026-02-26Senate Hopper (Senate)

• Clint Dixon (R, SD-045)Primary sponsor
• Max Burns (R, SD-023)
• Ricky Williams (R, SD-025)
• Carden Summers (R, SD-013)

• zoning moratoria
• property rights
• local government
• home building costs
• land use law