HB1388: HB1388 Buildings; traffic impact analysis required to obtain a building permit be completed within 36 months of the project's substantial completion; require

Some Georgia counties and cities require developers to submit a traffic impact analysis, a study of how a new development will affect roads and traffic, before issuing a building permit. Right now there is no state rule tying how old that study can be to when the project is actually finished. This bill amends Georgia's building permit law (O.C.G.A. § 8-2-26) to add a new rule. Starting January 1, 2027, if a local government requires a traffic impact analysis for a permit, that analysis must be completed no more than 36 months before the project reaches substantial completion, meaning the point where the owner can occupy or use the project as intended. If a project takes longer than 36 months to substantially complete after the analysis, the developer must redo the traffic study and then finish construction within another 36 months of that new analysis.

• Adds a new subsection to Georgia's building permit law (O.C.G.A. § 8-2-26) covering traffic impact analyses required by local governments.
• Defines 'substantial completion' as the point when construction is finished enough for the owner to occupy the project for its intended use.
• Defines 'traffic impact analysis' as a study of how a proposed development will affect transportation.
• Requires that any traffic impact analysis tied to a building permit be completed no more than 36 months before the project is substantially completed, starting January 1, 2027.
• Requires developers to redo the traffic study and restart the 36 month completion clock if construction is not substantially finished within that window.

The bill affects real estate developers seeking building permits, and county and municipal governments that require traffic impact studies as part of their permitting process. Local planning departments and traffic engineers involved in reviewing those studies are also implicated.

Traffic studies can become outdated if a project drags on for years, since road conditions and surrounding development change. This bill would force developers to keep their traffic data current by redoing studies for slow-moving projects, which could add cost and delay but also better reflect actual traffic conditions when a project finally opens.

• Section 1 adds a new subsection (h) to O.C.G.A. § 8-2-26, the state law governing local building permit enforcement.
• Paragraph (1) defines 'substantial completion' and 'traffic impact analysis' for purposes of the new rule.
• Paragraph (2) sets the January 1, 2027 start date and the 36 month limit between a traffic impact analysis and a project's substantial completion.
• Paragraph (2) also requires a new traffic impact analysis and a fresh 36 month completion deadline if the original window is missed.
• Section 2 repeals any conflicting laws.

1. 2026-02-24House Second Readers (House)
2. 2026-02-20House First Readers (House)
3. 2026-02-19House Hopper (House)

• Mary Ann Santos (D, HD-117)Primary sponsor
• Dale Washburn (R, HD-144)
• Jordan Ridley (R, HD-022)
• Billy Mitchell (D, HD-088)
• Mike Cameron (R, HD-001)

• building permits
• traffic impact studies
• real estate development
• local government regulation