SB496: SB496 Annexation of Territory; certain annexations are contingent upon approval of the county in which the subject property is located; provide
Last action February 12, 2026 · Senate Read and Referred
A Georgia Senate bill would require a county's approval before certain nearby cities could annex land from that county into city limits.
In plain language
Under current Georgia law, cities can annex unincorporated land into their boundaries through several different processes without needing sign off from the county government that currently governs that land. This bill would change that for most annexation methods. The bill adds a new section to Georgia's annexation law (O.C.G.A. Title 36, Chapter 36) stating that any proposed annexation carried out under three of the law's main annexation procedures cannot move forward unless the county where the property sits first passes a resolution agreeing to it. The bill does not specify an effective date beyond the standard process, and it repeals any conflicting laws.
What the bill does
- Adds a new Georgia Code section (O.C.G.A. § 36-36-12) requiring county consent before certain city annexations of land can proceed.
- Applies the county consent requirement to annexations carried out under three specific legal procedures (Articles 2, 3, and 4 of the annexation chapter).
- Requires the county's governing authority (such as a county commission) to adopt a formal resolution approving the annexation before it can happen.
- Repeals any existing Georgia laws that conflict with this new requirement.
Who it affects
County governments, which gain a new approval role over annexations affecting their unincorporated land, and Georgia cities and municipalities, which would need county sign off before annexing property under the affected procedures. Property owners seeking annexation into a city are also affected.
Why it matters
If enacted, cities would no longer be able to unilaterally annex land under these procedures; a county government could block an annexation simply by declining to pass a consenting resolution, shifting negotiating power in local land use and municipal boundary decisions toward counties.
Key provisions
- Section 1 creates new Code section 36-36-12, stating that annexations under Article 2, 3, or 4 of Chapter 36 are contingent on county approval.
- The county's governing authority must adopt a resolution consenting to the annexation before it can proceed.
- Section 2 repeals any conflicting laws, a standard clause but relevant here since it removes prior rules allowing annexation without county consent.
Status timeline
- Senate Read and Referred (Senate)
- Senate Hopper (Senate)
Sponsors
- Matt Brass (R, SD-006)
- Bo Hatchett (R, SD-050)
- Timothy Bearden (R, SD-030)
- Jason Anavitarte (R, SD-031)
- Lee Anderson (R, SD-024)
Topics
- annexation
- local government
- county government
- municipal boundaries
- land use