HB1434: HB1434 Aviation; air facilities; identification of airport affected areas; provide

Georgia law already lets local governments manage air facilities, but it does not currently require any systematic identification of the land near airports that lies beneath the imaginary surfaces the Federal Aviation Administration uses to define safe airspace. This bill adds a new article to Georgia's air facilities law (O.C.G.A. Title 6, Chapter 3) to fix that. By January 1, 2027, every airport sponsor (an airport owning or controlling government body) must identify its 'airport affected area' and tell any county, city, or other local government whose territory overlaps it. By July 1, 2027, those local governments must hold a public hearing and adopt regulations limiting building heights and vegetation in that area, following federal standards. The Department of Transportation must help local governments make sure their rules meet Federal Aviation Administration requirements. Local governments that skip this can lose state road grant funding.

• Requires every airport sponsor in Georgia to map its 'airport affected area' (land under FAA-defined flight surfaces) by January 1, 2027, and notify affected local governments.
• Requires each local government with an airport affected area in its territory to hold a public hearing and adopt height and land-use regulations by July 1, 2027.
• Directs the Department of Transportation to assist local governments in aligning these regulations with Federal Aviation Administration requirements.
• Allows airport affected regulations to be folded into existing local zoning ordinances and enforced alongside them.
• Creates a variance process requiring airport sponsors to review any requested exception that could create an obstruction to flight paths.
• Suspends a local government's eligibility for state local maintenance and improvement road grants for up to three years if it fails to adopt or enforce the required regulations.

Airport owners and operators (airport sponsors), county and municipal governments whose land falls under airport flight paths, property owners seeking building permits or variances in those areas, and the Georgia Department of Transportation, which must provide compliance assistance.

Property owners near airports could face new height limits on buildings, structures, and trees, and local governments must set up hearings, rules, and enforcement systems on a fixed timeline. Governments that don't comply risk losing state road maintenance grant money for years.

• New Code Section 6-3-40 defines key terms including 'airport affected area,' 'airport sponsor,' and 'civil airport imaginary surface,' tied to federal aviation regulations in effect January 1, 2026.
• Code Section 6-3-41 sets a January 1, 2027 deadline for airport sponsors to identify affected areas and a July 1, 2027 deadline for local governments to adopt regulations after public notice and hearing.
• Code Section 6-3-42 requires regulations to limit building and vegetation height to keep flight surfaces clear and requires DOT assistance for FAA compliance.
• Code Section 6-3-43 allows these regulations to be incorporated into existing local zoning ordinances.
• Code Section 6-3-44 sets up enforcement through permits, a variance request process routed through airport sponsors, and financial penalties (loss of local road grant eligibility for up to three years) for non-compliance.

1. 2026-05-11Effective Date 2026-07-01
2. 2026-05-11Act 457
3. 2026-05-11House Date Signed by Governor (House)
4. 2026-04-10House Sent to Governor (House)
5. 2026-04-02House Agreed Senate Amend or Sub (House)
6. 2026-04-02Senate Passed/Adopted By Substitute (Senate)
7. 2026-04-02Senate Third Read (Senate)
8. 2026-04-02Senate Taken from Table (Senate)

• David Jenkins (R, HD-136)Primary sponsor
• Clint Crowe (R, HD-118)
• Rick Jasperse (R, HD-011)
• Lauren McDonald (R, HD-026)
• Jason T. Dickerson (R, SD-021)

1. PassedHouse voteMarch 6, 2026

   170 yea, 0 nay (2 not voting, 5 absent)

   Passage: House Vote #668

2. PassedSenate voteMarch 31, 2026

   39 yea, 10 nay (2 not voting, 3 absent)

   Motion To Table Remaining Legislation On The Rules Calendar: Senate Vote #912

3. PassedSenate voteApril 2, 2026

   52 yea, 0 nay (1 not voting, 1 absent)

   Passage By Substitute: Senate Vote #950

4. PassedHouse voteApril 2, 2026

   172 yea, 0 nay (1 not voting, 3 absent)

   Agree To Senate Substitute: House Vote #869

• airport zoning
• aviation law
• local government regulation
• building height limits
• transportation funding