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-.05 - Determining if a Project is a DRI

Universal Citation: GA Rules and Regs r 110-12-7-.05

Current through Rules and Regulations filed through September 23, 2024

(1) Regional Commissions mustuse the following criteria to determine if a development project is a DRI. The determination of the Regional Commission is final; however, a determination by the Regional Commission that a project is not a DRI as herein defined will not affect GRTA's authority pursuant to O.C.G.A. 50-32-14.

(a) Meets or Exceeds DRI Thresholds.

1. The table below identifies the minimum DRI thresholds for each type of development and for two distinct planning tiers within the state. These population tiers are:

(1) Metropolitan Areas, which include counties with population of 50,000 or more as defined by the most recent decennial U.S. Census; and

(2) Non-Metropolitan Areas which include the remaining counties within the state. A map delineating these tiers is available from the Department. Regional Commissions and local governments within each county must utilize the appropriate thresholds associated with their population tier, unless the Regional Commission has adopted alternative thresholds for its region as provided in section 110-12-7-04(1). Proposed developments that do not equal or exceed these thresholds are not subject to the DRI Communication Procedures.

2. Thresholds Table. See ARC alternative threshold table.

Developments of Regional Impact Development Thresholds
Type of Development	Notification Only	Rural and Developing Rural	Maturing Neighborhoods, Established Suburbs, Developing Suburbs, and other places not mentioned in this table	Regional Centers, and Regional Employment Corridors	Region Core
(1) Office	400,000 gross square feet	400,000 gross square feet	500,000 gross square feet	600,000 gross square feet	700,000 gross square feet
(2) Commercial	Greater than 300,000 gross square feet	300,000 gross square feet	400,000 gross square feet	500,000 gross square feet	600,000 gross square feet
(3) Wholesale & Distribution	Greater than 500,000 gross square feet	500,000 gross square feet	500,000 gross square feet	500,000 gross square feet	500,000 gross square feet
(4) Hospitals and Health Care Facilities	Greater than 300 new beds; or generating more than 375 peak hour vehicle trips per day	300 new beds	400 new beds	500 new beds	600 new beds
(5) Housing	Greater than 400 new lots or units	400 new lots or units	500 new lots or units	600 new lots or units	700 new lots or units
(6) Industrial	Greater than 500,000 gross square feet; or employing more than 1,600 workers; or covering more than 400 acres	500,000 SF or 1600 workers	500,000 SF or 1600 workers	500,000 SF or 1600 workers	500,000 SF or 1600 workers
(7) Hotels	Greater than 400 rooms	400 rooms	500 rooms	600 rooms	700 rooms
(8) Mixed Use	Gross square feet of 400,000 or more (with residential units calculated at either 1800 square feet per unit or, if applicable, the minimum square footage allowed by local development regulations); or covering more than 120 acres; or if any of the individual uses meets or exceeds a threshold as identified herein	400,000 gross square feet (with residential units calculated at 1800 square feet per unit, or the minimum allowed by the host local government)	500,000 gross square feet (with residential units calculated at 1500 square feet per unit, or the minimum allowed by the host local government)	600,000 gross square feet (with residential units calculated at 1000 square feet per unit, or the minimum allowed by the host local government)	700,000 gross square feet (with residential units calculated at 1000 square feet per unit, or the minimum allowed by the host local government)
(9) Airports	All new airports, runways and runway extensions	New airports and runway extensions of 500 ft. or more	New airports and runway extensions of 500 ft. or more	New airports and runway extensions of 500 ft. or more	New airports and runway extensions of 500 ft. or more
(10) Attractions & Recreational Facilities	Greater than 1,500 parking spaces or a seating capacity of more than 6,000	1,500, seating capacity of 6,000+	1,500, seating capacity of 6,000+	1,500, seating capacity of 6,000+	1,500, seating capacity of 6,000+
(11) Post-Secondary School	New school with a capacity of more than 2,400 students; or expansion by at least 25 percent of capacity	New school with 2,400 students or expansion of at least 25%	New school with 2,400 students or expansion of at least 25%	New school with 2,400 students or expansion of at least 25%	New school with 2,400 students or expansion of at least 25%
(12) Waste Handling Facilities	New facility or expansion of use of an existing facility by 50 percent or more	New facility within 1 mile of public facility (airport, school, reservoir, river, etc.), otherwise, notification only	New facility within 1 mile of public facility (airport, school, reservoir, river,...), otherwise, notification only	New facility within 1 mile of public facility (airport, school, reservoir, river,...), otherwise, notification only	New facility within 1 mile of public facility (airport, school, reservoir, river,...), otherwise, notification only
(13) Quarries, Asphalt & Cement Plants	New facility or expansion of existing facility by more than 50 percent	New facility within 1 mile of public facility (airport, school, reservoir, river,...), otherwise, notification only	New facility within 1 mile of public facility (airport, school, reservoir, river,...), otherwise, notification only	New facility within 1 mile of public facility (airport, school, reservoir, river,...), otherwise, notification only	New facility within 1 mile of public facility (airport, school, reservoir, river,...), otherwise, notification only
(14) Wastewater Treatment Facilities	New major conventional treatment facility or expansion of existing facility by more than 50 percent; or community septic treatment facilities exceeding 150,000 gallons per day or serving a development project that meets or exceeds an applicable threshold as identified herein	Notification only (MNGWPD)	Notification only (MNGWPD)	Notification only (MNGWPD)	Notification only (MNGWPD)
(15) Petroleum Storage Facilities	Storage greater than 50,000 barrels if within 1,000 feet of any water supply; otherwise, storage capacity greater than 200,000 barrels	50,000 barrels if within 1,000 ft. of water supply	50,000 barrels if within 1,000 ft. of water supply	50,000 barrels if within 1,000 ft. of water supply	50,000 barrels if within 1,000 ft. of water supply
(16) Water Supply Intakes/Public Wells/Reservoirs/ Treatment Facilities	New Facilities	Notification only (MNGWPD)	Notification only (MNGWPD)	Notification only (MNGWPD)	Notification only (MNGWPD)
(17) Intermodal Terminals	New Facilities	New facilities	New facilities	New facilities	New facilities
(18) Truck Stops	A new facility with more than three (3) diesel fuel pumps, or containing a half acre of truck parking or 10 truck parking spaces	10 or more diesel fuel pumps or 20 or more truck parking spaces	10 or more diesel fuel pumps or 20 or more truck parking spaces	10 or more diesel fuel pumps or 20 or more truck parking spaces	10 or more diesel fuel pumps or 20 or more truck parking spaces
(19) Correctional/Detention Facilities	Greater than 300 new beds; or generating more than 375 peak hour vehicle trips per day	Greater than 300 new beds; or generating more than 375 peak hour vehicle trips	Greater than 300 new beds; or generating more than 375 peak hour vehicle trips	Greater than 300 new beds; or generating more than 375 peak hour vehicle trips	Greater than 300 new beds; or generating more than 375 peak hour vehicle trips
(20) Any other development types not identified above (includes parking facilities)	1000 parking spaces or, if available, more than 5,000 daily trips generated	1000 spaces or 5,000 daily trips	1000 spaces or 5,000 daily trips	1000 spaces or 5,000 daily trips	1000 spaces or 5,000 daily trips

3. When it is not easily determined whether a project equals or exceeds the applicable DRI threshold, the Regional Commission must consider the following factors in making its determination:

* Speculative Developments. If final development type is difficult to determine because project tenants have not yet been identified, use the thresholds for the highest intensity development type allowed by current land use regulations. If there are no such local development regulations, estimate the likely type and scale of development based on the real estate market potential of the project site.

* Multi-phased Developments. Applicants shall submit all phases of the project at inception of the project, rather than submitting each phase one at a time. However, if the applicant seeks local government approvals for smaller phases individually, the determination of whether the project is in fact a multi-phased development should be based on considerations as to whether a master plan has been prepared for the overall project or whether any approvals have been sought for the entire project as a unit. If the multi-phased nature of the project cannot be established in advance, whenever a phase is submitted for approval that, when combined with all previously approved phases of the project built during the past five years, cumulatively equals or exceeds the applicable DRI threshold, the proposed new phase, plus any incomplete portions of the project must be submitted as a DRI.

* Multiple Land Parcels. If parts of the project are located on separate land parcels, the decision whether the project is a single (perhaps multi-phased) development, or actually separate projects should be based on such considerations as whether the separate parcels are owned by the same entity, whether a master plan has been prepared for the overall project, or whether any approvals have been sought for the overall project as a unit.

(b) Project Specificity. Frequently, proposed development projects are submitted for a DRI determination before project specifics are available, such as at the time of an initial rezoning of a large tract of land, establishment of an industrial park, etc. In such cases, the Regional Commission must make a determination of whether the project should proceed through the DRI process presently and/or should be resubmitted when project specifics become available. In making this determination, the Regional Commission must consider factors including, but not limited to:

1. Whether the potential for project impacts is likely to change substantially once project specifics are clarified.

2. The benefit of an earlier notification to affected parties, in terms of need to plan infrastructure expansions well in advance of development, or act otherwise to mitigate potential interjurisdictional impacts.

(c) Project Changes. The Regional Commission may determine that apreviously submitted DRI is nevertheless subject to another round of comment by affected parties if the project changes are substantial enough to warrant this.Such determination should be made after consultation with the host government and affected parties. Examples of project changes that may lead a Regional Commission to determine that an additional comment opportunity is warranted include but are not limited to: substantialincrease of project size or substantial change in the mix of uses (based on the applicable measures used for the DRI thresholds). In making this determination, the Regional Commission must consider such factors as:

1. Whether the potential for project impacts will change substantially for the altered project.

2. Whether significant time has passed since the previous DRI process (thus increasing likelihood that the views of affected parties on the project have changed).

(d) Redevelopment. Proposed redevelopments that meet or exceed a DRI threshold must be considered a new DRI, even if the previous development on the site was processed as a DRI. The replacement of structures with new structures housing the same use and basic configuration may be considered when determining if a redevelopment has met or exceeded a DRI threshold.

(e) Notification Only and Critical Regional Issues. Proposed developments that meet or exceed the base DCA DRI threshold but fall below the tiered ARC thresholds, are not subject to DRI review, unless the Executive Director identifies a critical regional issue. If no critical regional issue is identified, then the Regional Commission will contact potentially affected parties notifying them that the development is not a DRI and include relevant project information. If the Executive Director identifies a critical regional issue, then the DRI is subject to DRI review. Additionally, if a development meets or exceeds a tiered ARC threshold, the Executive Director may determine that DRI review is not warranted. Examples of critical regional issues include, but are not limited to:

1) The proposed development is located adjacent to or within 1 mile of the limits of a neighboring jurisdiction; or

2) Major transportation infrastructure will be needed to accommodate the new development (interchange improvements, bridge replacement, road widening of 2 or more lanes, etc.); or

3) The proposed development is located within 1 mile of a public facility (airport, school, reservoir, river, etc.).

Examples of issues that may lead to a determination that developments which meet or exceed the tiered ARC thresholds include, but are not limited to:

1) The proposed development is not located adjacent to or within 1 mile of the limits of a neighboring jurisdiction; or

2) Major transportation infrastructure will not be needed to accommodate the new development (interchange improvements, bridge replacement, road widening of 2 or more lanes, etc.); or

3) The proposed development is not located within 1 mile of a public facility (airport, school, reservoir, river, etc.), and;

4) Neighboring jurisdictions, affected agencies, and ARC do not identify a critical regional issue or impact. If a development proposal that crosses a DRI threshold is determined not to require DRI review, ARC staff will notify all potentially affected parties of the determination and include relevant project information.

50-8-7.1(b).

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