Compilation of Rules and Regulations of the State of Georgia
Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS
Chapter 110-12 - MINIMUM STANDARDS AND PROCEDURES
Subject 110-12-7 - DEVELOPMENTS OF REGIONAL IMPACT: ALTERNATIVE REQUIREMENTS: ATLANTA REGIONAL COMMISSION
Rule 110-12-7-.04 - Regional Commission Responsibilities

Universal Citation: GA Rules and Regs r 110-12-7-.04

Current through Rules and Regulations filed through September 23, 2024

(1) Each Regional Commission is encouraged to establish alternative DRI requirements, specifically tailored to the needs of their region, which may be either more restrictive or less restrictive than those promulgated by the Department in these rules. These alternative requirements may include:

1) alternative DRI thresholds;

2) alternative set of reviewable development types qualifying for DRI review;

3) Amendments to the DRI Communication Procedures. These alternative DRI requirements may apply to the entire region or to specific Areas Requiring Special Attention or Regionally Important Resources that are identified in the Regional Commission's Regional Plan. The alternative requirements must be developed and approved as follows:

* The Regional Commission must first solicit input about desired alternative DRI requirements from the local governments in its region and any potentially affected parties.

* The proposed alternative DRI requirements must be approved by a majority of the Regional Commission's Council and subsequently submitted to the Department for consideration.

* The Board of Community Affairs must adopt a resolution approving the alternative DRI requirements for that Regional Commission.

(2) Whenever a development is submitted to a Regional Commission for DRI determination by one of its constituent local governments, the Regional Commission must undertake the DRI Communication Procedures identified in Chapter 110-12-7-.02. As appropriate or where duly requested, the Regional Commission may also undertake any of the optional activities identified in section 110-12-7-.02(10).

(3) Whenever, within 60 days of local final action on a project, it comes to the Regional Commission's attention that a local government has taken final action upon a project designated as a DRI prior to the completion of the DRI process, or has allowed a development that exceeds DRI thresholds to proceed without complying with DRI Communication Procedures, the Regional Commission must:

(a) Hold a meeting with the local government to carefully explain the DRI process, benefits of participating in this process, and possible consequences of not participating.

(b) If, within two years of the meeting above, a local government again fails to submit a qualifying project or to wait until the DRI process is completed prior to taking final action the project, the Regional Commission will inform the Department. The Board of Community Affairs will evaluate the situation and determine an appropriate response which may include suspension of the local government's Qualified Local Government status for a period of up to 1 year.

(4) Each Regional Commission's Council must formally approve its process for issuance of negative DRI findings as provided at 110-12-7-.02(5)(d), choosing from either of the following three options:

(a) The Regional Commission's Executive Director may issue the negative finding without approval of the full Council, but subject to the applicant's opportunity to appeal as specified at 110-12-7-.02(5)(d)1.

(b) A subcommittee of the Regional Commission's Council may be designated to approve and issue negative findings without approval of the full Council, but subject to the applicant's opportunity to appeal as specified at 110-12-7-.02(5)(d)1.

(c) Approval of the Regional Commission's Council is required for issuance of negative findings. In order to meet the 30-day DRI process timeline, it is recommended that the Regional Commission's Council also authorize the Regional Commission's Executive Director to notify the local government and the applicant prior to the 30th day after issuing the DRI determination that staff will recommend a negative finding for action at the next meeting of the Regional Commission's Council.

50-8-7.1(b).

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