36-66-2. Legislative purpose; local government zoning powers.

Active

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

(a)
While recognizing and confirming the authority of local governments to exercise zoning power within their respective territorial boundaries, it is the intention of this chapter to establish as state policy minimum procedures governing the exercise and means of judicial review of the exercise of that power. The purpose of these minimum procedures is to assure that due process is afforded to the general public when local governments regulate the uses of property through the exercise of the zoning power. Nothing in this chapter shall be construed to invalidate any zoning decision made by a local government prior to July 1, 2023, or to require a local government to exercise its zoning power.#
(b)
Consistent with the minimum procedures required by this chapter, local governments may:#
1. (1)
  Provide by ordinance or resolution for such administrative officers, boards, or agencies as may be expedient for the efficient exercise of delegated, quasi-judicial zoning powers and to establish procedures and notice requirements for hearings before such quasi-judicial boards or agencies that are consistent with the minimum procedures provided for in this chapter to assure due process is afforded the general public; and#
2. (2)
  Provide by ordinance or resolution for procedures and requirements in addition to or supplemental to those required by this chapter and, where so adopted, thereby establish the minimum procedures for such local government’s exercise of zoning powers.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 36-66-2, enacted by Ga. L. 1985, p. 1139, § 1; Ga. L. 2022, p. 825, § 1/HB 1405; Ga. L. 2025, p. 476, § 2-3/HB 155, effective July 1, 2025.

Amendments

The 2025 amendment, effective July 1, 2025, substituted “quasi-judicial boards or agencies” for “quasi-judicial officers, boards, or agencies” in paragraph (b)(1). See Editor’s notes for applicability.

Editor's notes

Ga. L. 2022, p. 825, § 2/HB 1405, not codified by the General Assembly, makes this Code section applicable to all zoning and quasi-judicial decisions occurring on and after July 1, 2022; however, no zoning or quasi-judicial decision prior to July 1, 2023, shall be rendered invalid or void because of a local government’s failure to implement language in their ordinances accomplishing the provisions of Code Section 36-66-5.1. Ga. L. 2025, p. 476, § 3-1(b)/HB 155, not codified by the General Assembly, provides: “Part II of this Act shall become effective on July 1, 2025, and shall apply to all zoning and quasi-judicial decisions occurring on and after such date; provided, however, that no zoning or quasi-judicial decision occurring prior to December 31, 2026, shall be rendered invalid or void if a local government fails to implement the provisions set out in Code Section 36-66-5.1.” Ga. L. 2025, p. 476, § 2-3/HB 155 purported to add a new paragraph to this Code section but only amended paragraph (1) of subsection (b).

Law reviews

For article, “HB 1405: Amendments to the Zoning Procedures Law,” see 39 Ga. St. U.L. Rev. 125 (2022).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

Text read from t36-ch60-92-(v27a)-2025-pdf.pdf, Volume V27A, 2025 edition, pages 185 to 186; merge action: bound only; file SHA-256 5150ee8c60f7.