Current through Rules and
Regulations filed through March 20, 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.
(c) Specific planning and
technical assistance activities may include, but shall not be limited to, the
following:
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.