Compilation of Rules and Regulations of the State of Georgia
Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS
Chapter 110-3 - OFFICE OF COORDINATED PLANNING
Subject 110-3-2 - MINIMUM PLANNING STANDARDS AND PROCEDURES FOR LOCAL COMPREHENSIVE PLANNING
Rule 110-3-2-.03 - Duties and Responsibilities

Universal Citation: GA Rules and Regs r 110-3-2-.03

Current through Rules and Regulations filed through September 23, 2024

(1) General: It has been determined that coordinated and comprehensive planning by all levels of government within the State of Georgia is of vital importance to the state and its residents. To effectively and efficiently implement the provisions of the planning act, ongoing cooperation must occur between local governments, regional development centers, and state agencies. The following outlines the responsibilities of the parties charged with implementing the provisions of the planning act.

(2) Governor's Development Council: The Governor's Development Council was created by the planning act to provide for the coordination of planning, at the direction of the Governor, by departments, agencies, commissions, and other institutions of the state. The council, at the direction of the Governor, shall:

(a) Coordinate, supervise, and review planning by state agencies to include, but not be limited to, coordination of long range planning and coordination of the location and construction of public facilities on the basis of state, regional, and local considerations identified in the comprehensive statewide plan developed by the Governor with the assistance of the department.

(b) Establish procedures for, and take action to require, communication and coordination among state agencies in any respect which the council deems necessary or appropriate in order to further the coordination of planning by state agencies.

(3) Department of Community Affairs: It is the responsibility of the department hereunder to develop, promote, sustain and assist local governments in Georgia.

(a) The department shall develop, promote, and establish standards and procedures for coordinated and comprehensive planning.

(b) The department shall assist local governments in participating in an orderly process for coordinated and comprehensive planning.

(c) The department shall assist local governments in preparing and implementing comprehensive plans which will develop and promote the essential public interest of the state and its residents.

(d) The department shall serve as the principal department in the executive branch of state government for local government affairs and shall have the responsibility, among other things, to:

1. Develop, promote, sustain and assist local governments in the performance of their duties and responsibilities under law, including coordinated and comprehensive planning;

2. Provide a liaison between local governments and other governments, including the state and federal governments.

3. Act as the state's principal department for local government affairs and local government services generally and for programs, functions, and studies in local government affairs and services and act as the coordinator on the state level for such programs, functions, and studies provided by the department; and

4. Act as the state's principal department for developing, promoting, maintaining, and encouraging coordinated and comprehensive planning.

(e) The department shall coordinate and participate in compiling a Georgia data base and network to serve as a comprehensive source of information available, in an accessible form, to local governments and state agencies and shall make available the Georgia data base and network to other state agencies, local governments, members of the General Assembly, and residents of the state.

(f) The department, utilizing the comprehensive plans of qualified local governments, shall assist the Governor in coordinated and comprehensive planning, including the development of a comprehensive plan for the state.

(g) The department, utilizing the comprehensive plans of qualified local governments, and regional development centers, shall assist the Governor in defining the state's long term goals, objectives, and priorities and implementing those through coordinated and comprehensive planning.

(h) The department shall undertake and carry out such activities as may be necessary to mediate, or otherwise assist in resolving conflicts relating to the comprehensive planning process.

(i) The department shall determine, in its judgment, and for each region, what shall constitute developments of regional impact.

(j) The department shall develop planning procedures with respect to regionally important resources, and for planning with respect to developments of regional impact, and for encouraging interjurisdictional cooperation among local governments.

(k) The department may establish rules and/or procedures which require that local governments submit for review any proposed action which, based upon guidelines which the department may establish, affect regionally important resources or further developments of regional impact.

(4) Local Governments: It is the responsibility of local governments in the State of Georgia hereunder to serve the essential public interest of the state by promoting the establishment, implementation, and performance of coordinated and comprehensive planning by municipal and county governments. Accordingly, the governing body of municipalities and counties shall have the authority and responsibility to:

(a) Develop, or cause to be developed, comprehensive plans at the local level. However, no municipality or county shall take any action to adopt a local plan or put into effect any local plan, until 60 days after the date when the municipality or county, as the case may be, submitted the local plan to the regional development center for review, comment and recommendation, except that any request for reconsideration in accordance with the planning act shall automatically operate to extend the 60-day period to 90 days.

(b) Employ personnel, or enter into contracts with the regional development center or other public or private entity, to assist in developing, establishing, and implementing its comprehensive plan.

(c) Contract with one or more counties or municipalities, or both, for assistance in developing, establishing, and implementing a comprehensive plan, regardless of whether the contract is to obtain such assistance or to provide such assistance.

(d) Develop, establish, and implement land use regulations that are consistent with the comprehensive plan of the municipality or county government, as the case may be.

(e) Develop, establish, and implement a plan for capital improvements that conforms to the minimum standards and procedures and make any capital improvements plan a part of the local comprehensive plan. Local governments wishing to impose development impact fees must adhere to the planning requirements for capital improvements outlined at 110-3-2-.07.

(f) Take all action necessary or desirable to further the policy of the state for coordinated and comprehensive planning.

(g) Be members of the regional development center for the region which includes the municipality or county, as the case may be.

(h) Pay annual dues for membership in its regional development center, in accordance with the planning act.

(i) Participate in compiling a Georgia data base and network to serve as a comprehensive source of information for the coordinated and comprehensive planning process.

(j) Participate in good faith in mediation or other forms of resolving conflicts, including those relating to comprehensive plans, regionally important resources, or developments of regional impact, as set forth in the planning act and these standards and procedures.

(5) Regional Development Centers: It is the responsibility of regional development centers hereunder to serve the essential public interest of the state by promoting the establishment, implementation, and performance of coordinated and comprehensive planning by municipal and county governments and the regional development center, in conformity with the minimum standards and procedures established pursuant to the planning act. The specific responsibilities of regional development centers are:

(a) To contract with one or more counties or municipalities, or both, for assistance in developing, establishing, and implementing a comprehensive plan.

(b) To undertake and carry out such planning and technical assistance activities as its board of directors or the department may deem necessary for the development, preparation, and implementation of comprehensive planning for each center's region and for municipalities and counties within the center's region and for such planning and technical assistance activities as its board of directors or the department may deem necessary for coordinated and comprehensive planning within the center's region.

1. A center may coordinate and assist local governments in preparing local plans for submission to the center.

2. A center may provide technical planning assistance to local governments.

3. A center may develop and prepare a local plan for a county or municipality if the county or municipality enters into a contract with a center for that purpose.

4. A center may require that comprehensive plans within its region include elements in addition to those established by the department as minimum standards and procedures, but before imposing any such requirement, the center shall have received the department's approval of additional elements to be included in such comprehensive plans.

5. Each center shall prepare and adopt a regional plan and submit the regional plan to the department. The regional plan shall take into consideration local plans within the region.

6. Each center shall participate in compiling a Georgia data base and network, coordinated by the department, to serve as a comprehensive source of information available, in an accessible form, to local governments, state agencies, and members of the General Assembly.

7. Each center shall review and comment on each local plan submitted to it in accordance with 110-3-2-.06, Minimum Procedural Standards.

8. Any proposed action by a municipal or county government that would, based upon guidelines the department may establish, affect regionally important resources shall be reviewed by the regional development center in accordance with rules and procedures established by the department and shall result in a public finding by the center as to whether the proposed action will be in the best interest of the state.

9. Any proposed action by a municipal or county government that would, based upon guidelines the department may establish, further any development of regional impact, shall be reviewed by the regional development center in accordance with rules and procedures established by the department and shall result in a public finding by the center as to whether the proposed action will be in the best interest of the state.

10. Each center shall coordinate mediation or other forms of resolving conflicts relating to comprehensive plans, regionally important resources, or developments of regional impact among local governments within its region, pursuant to the planning act and procedures developed by the department.

11. Each center shall also participate in good faith in mediation or other forms of resolving conflicts when such conflict involves another regional development center.

Ga. L. 1989, pp. 1317-1391; O.C.G.A. Sec. 50-8-1et seq.

Disclaimer: These regulations may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.