SB447: SB447 Control of Soil Erosion and Sedimentation; denial or nonacceptance of permits; revise provisions

26 LC 47 4324S Senate Bill 447 By: Senators Dixon of the 45th, Still of the 48th, Anavitarte of the 31st, Goodman of the 8th, Echols of the 49th and others AS PASSED A BILL TO BE ENTITLED AN ACT To amend Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state1 building, plumbing, and electrical codes, so as to revise provi sions related to inspections2 submitted by private professional providers; to amend Chapter 7 of Title 12 of the Official3 Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to4 revise provisions regarding denial or nonacceptance of permits; to require local issuing5 authorities to provide rejected permit applicants with a writte n list of reasons for denial6 within specified time frames; to provide for refunding of fees; to provide for mandamus; to7 toll such timing requirements in certain circumstances; to provide exceptions; to provide for8 definitions; to amend Chapter 60 of Title 36 of the Official Co de of Georgia Annotated,9 relating to provisions applicable to counties and municipal cor porations, so as to provide10 general provisions for counties and municipalities regarding th e acceptance, denial, or11 nonacceptance of certain permits; to require unambiguous criteria for approval of permits;12 to require completed applications; to require local issuing aut horities to provide rejected13 permit applicants with a written list of reasons for denial wit hin specified time frames; to14 provide for refunding of fees; to provide for exceptions; to pr ovide for access to real-time15 status information relative to building permit application stat us; to provide definitions; to16 provide for related matters; to repeal conflicting laws; and for other purposes.17 S. B. 447 - 1 - 26 LC 47 4324S BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:18 SECTION 1.19 Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building,20 plumbing, and electrical codes, is amended by revising paragraph (14) of subsection (g) of21 Code Section 8-2-26, relating to local enforcement, inspectors, and building permits, as22 follows:23 "(14) Upon submission by the private professional provider of a copy of his or her an24 approved inspection report to the local governing authority, said local governing authority25 shall be required to accept the inspection of the private professional provider without the26 necessity of further inspection or approval by the inspectors or other personnel employed27 by the local governing authority unless said governing authority has notified the private28 professional provider, within two such inspection shall be deemed approved as a matter29 of law. The local governing authority shall have two business days after the submission30 of the inspection report, that it finds the report incomplete or the inspection inadequate31 and has provided the private professional provider to notify the private professional32 provider of any deficiencies in such inspection report with a written description of the33 such deficiencies and specific regulatory requirements that have no t been adequately34 addressed. The private professional provider shall submit a corrected inspection report35 after receiving notice from the local governing authority of de ficiencies in such36 inspection report, but in no event shall any deficiency in an i nspection report or a37 correction to such report prevent the completion of work that has been approved by the38 private professional provider or otherwise delay the progress of the project related to the39 private professional provider's inspection."40 SECTION 2.41 Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil42 S. B. 447 - 2 - 26 LC 47 4324S erosion and sedimentation, is amended in Code Section 12-7-3, r elating to definitions, by43 revising paragraph (10.3) and adding new paragraphs to read as follows:44 "(3.1) 'Completed application' means a submitted plan, applicat ion, or request for45 inspection that contains all in formation and supporting documentation required by the46 local issuing authority in making its determination as to whether the plan, application, or47 request is in compliance with regulatory requirements."48 "(10.3) 'Material addition' means anything added to a resubmitted application that is not49 directly related to a comment or request of the local issuing authority.50 (10.4) 'Operator' means the party or parties that have:51 (A) Operational control of construction project plans and specifications, including the52 ability to make modifications to those plans and specifications; or53 (B) Day-to-day operational control of those activities that ar e necessary to ensure54 compliance with a storm-water pollution prevention plan for the site or other permit55 conditions, such as a person authorized to direct workers at a site to carry out activities56 required by the storm-water pollution prevention plan or to comply with other permit57 conditions."58 SECTION 3.59 Said chapter is further amended by revising Code Section 12-7-9, relating to applications for60 permits, erosion and sediment control plans and data, and time for issuance or denial, as61 follows:62 "12-7-9.63 (a) Completed applications Applications for permits shall be submitted in accordance with64 this chapter and the rules and regulations, ordinances, and resolutions adopted pursuant to65 this chapter. The local issuing authority shall specify in clear and unambiguous language66 the criteria for approval of permits pursuant to this chapter. Such applications shall be67 accompanied by the applicant's erosion and sediment control plans and by such supportive68 S. B. 447 - 3 - 26 LC 47 4324S data as will affirmatively demonstrate that the land-disturbing activity proposed will be69 carried out in such a manner that the minimum requirements set forth in Code70 Section 12-7-6 shall be met. All applications shall contain a certification stating that the71 plan preparer or the designee thereof his or her designee visited the site prior to creation72 of the plan or that such a visit was not required in accordance with rules and regulations73 established by the board.74 (b) No permit shall be issued to any applicant unless the loca l issuing authority75 affirmatively determines that the plan embracing such activities meets the requirements of76 Code Section 12-7-6. All applicable fees shall be paid prior t o issuance of the land77 disturbance permit by the local issuing authority.78 (c) Permits shall be issued or denied as soon as practicable after the application therefor79 for such permit has been filed with the local issuing authority, but in any ev ent not later80 than 45 days thereafter after such filing. During the first five days after filing of the81 application, the local issuing authority shall determine whether the application is complete82 and whether external review will be required pursuant to subsec tion (e) of this Code83 section, in which event the local issuing authority shall notify the external reviewer of the84 filing of the application. If after such five-day period the l ocal issuing authority fails to85 provide notice to the applicant that the application is incomplete, the application shall be86 deemed complete. In the event that a permit has been denied or deemed not accepted and87 the applicant thereafter resubmits the application in modified form to address deficiencies88 identified in the stated reasons for denial or nonacceptance pu rsuant to subsection (a) of89 Code Section 12-7-11, then the local issuing authority shall cause the permit to be issued90 or denied as soon as practicable after such resubmission, but in any event not later than:91 (1) Twenty days after the first resubmission by the applicant; or92 (2) Fourteen days after any subsequent resubmission by the applicant;93 provided, however, that, for any review by the local issuing au thority following a94 resubmission by the applicant, the local issuing authority may not issue any comments on95 S. B. 447 - 4 - 26 LC 47 4324S aspects of the application that are not related to its initial comments on such application or96 any changes made in a resubmission of the application. The provisions of this subsection97 shall not apply to any development of regional impact, as determined by the Department98 of Community Affairs pursuant to Article 1 of Chapter 8 of Title 50.99 (d) If a local issuing authority requires compliance with additional regulatory items by the100 applicant beyond erosion and sediment control, including, but not limited to, storm-water101 management or utility approvals that are subject to the approva l of such local issuing102 authority, all such requirements shall be subject to the review time frames imposed in103 subsection (c) of this Code section.104 (e) If a local issuing authority is required to utilize a state agency, local government other105 than the local issuing authority, or utility provider to conduct a portion of its plan or permit106 review pursuant to this chapter, the local issuing authority shall provide to the applicant a107 list of such items that require external review. The review ti me frames imposed in108 subsection (c) of this Code section shall be tolled while such reviews are being conducted109 by a state agency.110 (f) Notwithstanding any other provisions of this chapter to the contrary, in any county in111 which an airport is owned or operated either by such county or a local authority and such112 airport is adjacent to 9,000 acres or more of property currentl y or formerly owned by a113 municipality that has no incorporated territory within such county and any county adjacent114 to such county, the review time frames imposed in subsection (c) of this Code section shall115 not apply unless a local Act is adopted making such time frames applicable to such county;116 provided, however, that the effectiveness of such local Act shall be contingent upon such117 Act being approved by a majority of the voters of such county v oting in a referendum118 thereon."119 S. B. 447 - 5 - 26 LC 47 4324S SECTION 4.120 Said chapter is further amended by revising Code Section 12-7-11, relating to statement of121 reasons for denial of permit required, conditions for approval, and suspension, revocation,122 or modification of permit, as follows:123 "12-7-11.124 (a) Within the time frames specified by Code Section 12-7-9, the local issuing authority125 shall issue or deny the permit. In the event that such authori ty does not issue or deny a126 permit within the provided time frame, the local issuing author ity shall refund all fees127 collected in association with the applicant's permit application. The local issuing authority,128 upon denial of a permit, shall state its reasons for the denial , setting forth specifically129 wherein where such application is found to be deficient. No local issuing authority shall130 deny or deem not accepted a permit for any reason that is not a n authorized reason for131 denial or nonacceptance under local, state, or federal law with which the application or132 plans do not comply. Concurrently with denial or nonacceptance , the local issuing133 authority shall provide to the applicant a written list of the reasons for such denial or134 nonacceptance and sufficient information and documentation supporting each such reason.135 Should the applicant make material additions to the resubmitted application that are136 unrelated to the cited reasons for the denial or nonacceptance of the original application,137 the local issuing authority shall also address such additions in reviewing the resubmitted138 application. Material additions to any resubmitted application or to any application which139 the local issuing authority has notified the applicant is incom plete shall be deemed new140 applications subject to the review timeline provided for in sub section (c) of Code141 Section 12-7-9. Any land-disturbing activity permitted under this chapter shall be carried142 out in accordance with this chapter and the ordinance, resolution, or rules and regulations143 adopted and promulgated pursuant to this chapter. The local issuing authority shall specify144 on the permit the conditions under which the activity may be undertaken.145 S. B. 447 - 6 - 26 LC 47 4324S (b) The permit may be suspended, revoked, or modified by the local issuing authority, as146 to all or any portion of the land affected by the plan, upon a finding that the holder or his147 or her successor in title is not in compliance with the approve d erosion and sediment148 control plan or that the holder or his or her successor in title is in violation of this chapter149 or any ordinance, resolution, rule, or regulation adopted or pr omulgated pursuant to this150 chapter. A holder of a permit shall notify any successor in ti tle to him or her as to all or151 any portion of the land affected by the approved plan of the co nditions contained in the152 permit.153 (c) An applicant aggrieved by a local issuing authority's fail ure to comply with any154 requirement of this Code section may petition the superior court for mandamus relief, and155 such petition shall receive priority on such court's docket; pr ovided, however, that,156 notwithstanding any other provisions of this chapter to the contrary, in any county in which157 an airport is owned or operated either by such county or a local authority and such airport158 is adjacent to 9,000 acres or more of property currently or for merly owned by a159 municipality that has no incorporated territory within such county and any county adjacent160 to such county, the provisions of this subsection shall not app ly unless a local Act is161 adopted making such provisions applicable to such county; provi ded, however, that the162 effectiveness of such local Act shall be contingent upon such A ct being approved by a163 majority of the voters of such county voting in a referendum thereon."164 SECTION 5.165 Chapter 60 of Title 36 of the Official Code of Georgia Annotate d, relating to provisions166 applicable to counties and municipal corporations, is amended by adding a new Code section167 to read as follows:168 "36-60-34.169 (a) As used in this Code section, the term:170 S. B. 447 - 7 - 26 LC 47 4324S (1) 'Building permit' means any permit, approval, or authorization issued by a county or171 municipal government relating to the construction, alteration, expansion, demolition, or172 substantial renovation of a structure. For purposes of this se ction, land disturbance173 permits are included.174 (2) 'Local government' means a county, municipality, or consolidated government that175 issued more than 250 building permits in the preceding calendar year.176 (3) 'Real time' means updated contemporaneously with, or within one business day of177 any change in the status of a building permit.178 (4) 'Status' means the current stage of review or action on a building permit application.179 (b) Beginning January 1, 2028, each local government shall maintain a publicly accessible180 website or application that provides real-time status information for all building permits for181 which an application has been submitted.182 (c) The website required by subsection (b) of this Code sectio n shall, at a minimum,183 display the following information for each building permit:184 (1) Permit application number;185 (2) Date of application submission;186 (3) Property address or parcel identification number;187 (4) Type of permit applied for;188 (5) Current status of the permit, including, but not limited to:189 (A) 'Submitted';190 (B) 'Under review';191 (C) 'Incomplete' or 'additional information required';192 (D) 'Approved';193 (E) 'Issued';194 (F) 'Suspended';195 (G) 'Denied'; or196 (H) 'Closed';197 S. B. 447 - 8 - 26 LC 47 4324S (6) Date of the most recent status update;198 (7) Any failures to meet deadlines for approval or denial set by state or local law;199 (8) The statutory basis for any denials; and200 (9) Identification of the reviewing department or office.201 (d) The permit status information required by subsection (c) of this Code section shall be:202 (1) Searchable by permit number, property address, or parcel identification number;203 (2) Available to the public without charge, registration, or login; and204 (3) Presented in a format that is continuously accessible and reasonably usable by the205 general public.206 (e) Local governments shall ensure that permit status information is accurate and updated207 in real time. A local government may satisfy the requirements of this Code section by208 providing a direct public link to a third-party permitting or r ecords management system,209 provided such system displays the information required by subse ction (c) of this Code210 section.211 (f) This Code section shall not require the disclosure of:212 (1) Information protected from public disclosure under state or federal law; or213 (2) Personal identifying information of permit applicants beyo nd what is otherwise214 publicly available under state law.215 (g) Nothing in this Code section shall be construed to alter s ubstantive permitting216 standards, review timelines, or appeal rights otherwise provided by law."217 SECTION 6.218 All laws and parts of laws in conflict with this Act are repealed.219 S. B. 447 - 9 -