HB1442: HB1442 Local government; local moratoria shall not apply to certain properties in certain circumstances; provide

Georgia counties and cities sometimes adopt temporary moratoriums that pause the issuance of building permits or zoning decisions, often to give officials time to study growth, infrastructure, or planning issues. This bill adds a new section to Georgia law (O.C.G.A. Chapter 60 of Title 36) that limits how those pauses can be applied. Under the bill, if a local government has already given written approval or confirmation in good faith for a specific development on a property, or has already issued permits for that property unrelated to the new moratorium, the moratorium cannot apply to that property. The bill defines 'zoning decision' using the meaning already used elsewhere in Georgia law (O.C.G.A. § 36-66-3). The bill repeals any conflicting laws but does not state a separate effective date beyond the standard process for bills that become law.

• Adds a new Code section (O.C.G.A. § 36-60-34) exempting certain properties from local moratoriums on permits or zoning decisions.
• Protects properties where a local government already gave written, good-faith approval or confirmation for a specific development from a later moratorium.
• Protects properties where a local government already issued permits unrelated to the subject of a new moratorium.
• Defines 'zoning decision' by referencing the existing definition in O.C.G.A. § 36-66-3.
• Repeals any existing state or local laws that conflict with this new rule.

County and municipal governments in Georgia that adopt building or zoning moratoriums, along with property owners and developers who have already received written approval or permits for a specific project before a moratorium takes effect.

Developers who already have written local approval or unrelated permits for a project would be shielded from a later local moratorium, meaning their projects could proceed even if a county or city pauses new permits. Local governments would lose some ability to halt already-approved projects during a moratorium.

• Section 1 creates new Code Section 36-60-34, applying to counties and municipalities under Chapter 60 of Title 36 of the Official Code of Georgia Annotated.
• Subsection (a) borrows the definition of 'zoning decision' from O.C.G.A. § 36-66-3, paragraph (4).
• Subsection (b) states a moratorium on permits or zoning decisions does not apply to a property if the local government previously gave written approval or confirmation in good faith for an identified development.
• Subsection (b) also exempts properties where the local government already issued permits unrelated to the matters covered by the moratorium.
• Section 2 repeals any conflicting laws.

1. 2026-03-06House Committee Favorably Reported By Substitute (House)
2. 2026-02-26House Second Readers (House)
3. 2026-02-25House First Readers (House)
4. 2026-02-24House Hopper (House)

• Dale Washburn (R, HD-144)Primary sponsor
• William Werkheiser (R, HD-157)
• Matt Reeves (R, HD-099)
• Clint Crowe (R, HD-118)
• Josh Bonner (R, HD-073)

• local government moratoriums
• zoning decisions
• building permits
• land use regulation
• county and municipal law