---
title: O.C.G.A. § 36-70-5. Effect of chapter on county and municipal zoning powers.
collection: code
id: 36-70-5
cite_as: O.C.G.A. § 36-70-5 (2025)
canonical_url: https://georgiacommons.org/code/36-70-5
md_url: https://georgiacommons.org/code/36-70-5.md
text_url: https://georgiacommons.org/code/36-70-5/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t36-ch60-92-(v27a)-2025-pdf.pdf?sfvrsn=1fad51cc_0#page=270
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Session of the General Assembly of Georgia
heading_path: LOCAL GOVERNMENT / Provisions Applicable to Counties and Municipal Corporations / COORDINATED AND COMPREHENSIVE PLANNING AND SERVICE DELIVERY BY COUNTIES AND MUNICIPALITIES / PLANNING
---

# O.C.G.A. § 36-70-5. Effect of chapter on county and municipal zoning powers.

(a) Except as provided in subsection (b) of this Code section, nothing in this article shall limit or compromise the right of the governing body of any county or municipality to exercise the power of zoning.

(b) Any municipality which is as of April 17, 1992, an inactive municipality shall not on or after April 17, 1992, exercise any powers under this article or exercise any zoning powers, until and unless the municipality is restored to active status by the enactment of an appropriate new or amended charter by local Act of the General Assembly. Any municipality which becomes an inactive municipality after April 17, 1992, shall not after becoming inactive exercise powers under this article or exercise any zoning powers, until and unless the municipality is restored to active status by the enactment of an appropriate new or amended charter by local Act of the General Assembly.

(c) Any county which has located within its boundaries all or any part of any inactive municipality shall have full authority to exercise through its governing body all planning and zoning powers within the area of such inactive municipality within the county, in the same manner as if such area were an unincorporated area.

## History

Code 1981, § 36-70-5, enacted by Ga. L. 1989, p. 1317, § 4.1; Ga. L. 1992, p. 2056, § 2; Ga. L. 1993, p. 91, § 36; Ga. L. 1997, p. 1567, § 1.

## Code Commission Notes

Pursuant to Code Section 28-9-5, in 1992, “April 17, 1992” was substituted for “the effective date of this subsection” in three places in subsection (b).