HB1315: HB1315 Georgia Landowners Protection Act; enact

Georgia cities and counties sometimes pause zoning decisions or building permits temporarily, known as a moratorium, while they plan or update rules. This bill would limit how long those pauses can last and let landowners sue local governments that go too far. The bill amends Georgia's zoning law (O.C.G.A. § 36-66-4) to cap moratoria on zoning decisions or on commercial and residential permits at 180 days, and bar a local government from reimposing the same type of moratorium for 365 days after one expires. Local governments would have to give 30 days public notice before adopting a moratorium. Emergency, disaster, or public health situations are exempt. The bill also waives local governments' sovereign immunity (their usual legal protection from lawsuits) for moratoria that run past 180 days, letting affected property owners sue in superior court for lost development value, carrying costs, higher property taxes, and attorney's fees.

• Limits zoning decision moratoria and permit-processing moratoria to a maximum of 180 days each under O.C.G.A. § 36-66-4.
• Bars a local government from renewing or reimposing the same type of moratorium within 365 days after a prior one expires.
• Requires 30 days public notice, published in the county legal organ and on the local government's website, before a moratorium vote.
• Exempts moratoria adopted in response to a declared state of emergency, natural disaster, or an imminent threat to public health or safety.
• Waives local governments' sovereign immunity so property owners can sue in superior court over moratoria lasting more than 180 days.
• Allows recovery of lost development value, carrying costs such as financing and maintenance, higher property taxes paid during the moratorium, and attorney's fees.

Georgia county and municipal governments that adopt zoning or permitting moratoria, property owners and builders whose land use or permits are paused, and courts that would hear new lawsuits over extended moratoria.

Local governments would lose flexibility to pause zoning or permitting decisions beyond 180 days without facing potential lawsuits, while landowners and builders would gain a legal path to recover financial losses, including lost value and higher taxes, from moratoria that run too long.

• Section 1 names the bill the 'Georgia Landowners Protection Act.'
• Section 2 states legislative findings that extended moratoria and government delays raise home construction costs and hurt small builders.
• Section 3 adds subsection (i) capping zoning and permitting moratoria at 180 days and requiring a 365-day gap before reimposing the same type.
• Section 3 also requires 30 days public notice before a moratorium vote and exempts emergencies, disasters, and public health threats.
• Section 3 adds subsection (j) waiving sovereign immunity and letting property owners sue in superior court for damages and attorney's fees when a moratorium exceeds 180 days.
• Section 4 repeals conflicting laws.

1. 2026-02-19House Second Readers (House)
2. 2026-02-18House First Readers (House)
3. 2026-02-17House Hopper (House)

• Kasey Carpenter (R, HD-004)Primary sponsor
• Matt Reeves (R, HD-099)
• Dale Washburn (R, HD-144)
• Spencer Frye (D, HD-122)
• Alan Powell (R, HD-033)

• zoning moratoria
• property rights
• local government regulation
• home construction costs
• sovereign immunity