Georgia Commons

Senate · Introduced · 2025-2026 Regular Session

SB611: SB611 "Georgia Landowners Protection Act"; enact

Last action March 3, 2026 · Senate Read and Referred

A Georgia Senate bill would cap local zoning and permit moratoria at 90 days, require advance public notice, and let property owners sue counties and cities for damages if that limit is exceeded.

In plain language

Georgia cities and counties sometimes freeze zoning decisions or building permits temporarily while they plan. This bill limits how long they can do that. It caps any zoning or permitting moratorium at 90 days and bars a local government from reimposing the same type of moratorium for 365 days after one expires. Before adopting a moratorium, the local government must give 45 days public notice explaining the reason, backed by data, published in the county legal organ and on its website. Emergencies, natural disasters, and imminent public health or safety threats are exempted from these limits. The bill also waives local governments' sovereign immunity (their usual legal protection from lawsuits) for moratoria that run past 90 days, letting affected property owners sue in superior court for lost development value, carrying costs like financing and maintenance, and higher property taxes paid during the freeze. Courts may also award attorney's fees to a winning property owner. The bill states legislative findings about housing costs and development delays but does not include a stated effective date beyond the standard process.

What the bill does

  • Caps any zoning decision moratorium and any permitting moratorium at 90 days in duration under Georgia's zoning procedures law (O.C.G.A. § 36-66-4).
  • Bars a local government from renewing or reimposing the same type of moratorium for 365 days after a prior one expires.
  • Requires 45 days public notice with supporting data before a moratorium vote, published in the county legal organ and on the local government's website.
  • Waives sovereign immunity for counties, municipalities, and other local governing authorities for lawsuits over moratoria that run longer than 90 days.
  • Allows property owners to sue in superior court for lost development value, carrying costs, and higher property taxes caused by an over-length moratorium, plus possible attorney's fees.
  • Exempts moratoria adopted in response to a declared state of emergency, natural disaster, or imminent threat to public health or safety from these new limits.

Who it affects

Georgia county and municipal governments that impose zoning or permitting moratoria, property owners and developers whose land is affected by such freezes, small home builders facing approval delays, and superior courts that would hear new damages lawsuits under this law.

Why it matters

Property owners who currently have little legal recourse against long zoning freezes would gain the right to sue local governments for financial losses, while cities and counties would face a hard 90-day limit and new notice requirements before restricting development, changing how they manage growth and planning pauses.

Key provisions

  • Section 1 names the bill the 'Georgia Landowners Protection Act.'
  • Section 2 lays out legislative findings that extended moratoria and government delays raise home building costs and reduce housing affordability.
  • Section 3 amends O.C.G.A. § 36-66-4 to cap zoning and permitting moratoria at 90 days and bar reimposition for 365 days after expiration.
  • Section 3 requires 45 days advance public notice with supporting data before any moratorium vote, published in the county legal organ and online.
  • Section 3 exempts moratoria tied to declared emergencies, natural disasters, or imminent public health or safety threats from the new limits.
  • Section 3 waives local government sovereign immunity for moratoria exceeding 90 days and lets property owners sue for development value loss, carrying costs, and elevated property taxes, with possible attorney's fees.
  • Section 4 repeals conflicting laws.

Status timeline

  1. 2026-03-03Senate Read and Referred (Senate)
  2. 2026-02-26Senate Hopper (Senate)

Sponsors

  • Clint Dixon (R, SD-045)Primary sponsor
  • Max Burns (R, SD-023)
  • Ricky Williams (R, SD-025)
  • Carden Summers (R, SD-013)

Topics

  • zoning moratoria
  • property rights
  • local government lawsuits
  • housing costs
  • development permits

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Answers come from this document. Not legal advice.

SB611: SB611 "Georgia Landowners Protection Act"; enact | Georgia Commons