GA Code § 32-2-3 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 2 - Department of Transportation|Article 1 - General Provisions|§ 32-2-3. Development of Transportation Plans; Public Hearings; Approval of Plans by Board; Promulgation of Rules and Regulations

  As used in this Code section, the term:   "Comprehensive plan" means the major transportation facilities described in this Code section as well as collectors and interconnecting routes within or between standard metropolitan areas, urban areas, and rural areas.   "Local governing body" means the governing body of the city, town, municipality, county, or other local governing unit or authority in the area in which the transportation facility will be located.   "Major transportation facility" means:   Any facility primarily designed to transport people or goods rapidly and efficiently, including but not limited to air transport facilities, railroads, bus services, terminals, freeways, expressways, arterial highways, belt highways, and port facilities; or   Any facility or facilities utilized in providing a mass transit system for a standard metropolitan area or urban area.     "Standard metropolitan area" means a county or group of contiguous counties or parts thereof as designated by the department which contains at least one central city of 50,000 inhabitants or more as determined by the latest available federal census or such other population estimate as may be provided by law.   "Transportation corridor" means a strip of land between two termini or central points within which travel, topography, land uses, environment, and other characteristics are evaluated for transportation purposes.   "Urban area" means an area including and adjacent to a municipality and other urban centers having a population of 5,000 or more as determined by the latest available federal census or such other population estimates as may be provided by law within boundaries to be fixed by the department.       The department in conjunction with the affected local governmental bodies, regional planning agencies, and other appropriate state and federal agencies shall develop:   A comprehensive, state-wide, 20 year transportation plan;   A comprehensive transportation plan for all standard metropolitan areas and those areas which the department determines, based upon population projections, will become a standard metropolitan area within 20 years, such plan to supplement and be compatible with the state-wide transportation plan; and   Comprehensive plans for regions and urban areas as such plans are deemed necessary by the department.     Priority for developing comprehensive plans shall be given to areas in which the need for construction of major transportation facilities is anticipated.   In developing comprehensive transportation plans, the department shall take into account:   Future as well as present needs;   All possible alternative modes of transportation;   The joint use of transportation corridors and major transportation facilities for alternate transportation and community uses;   The integration of any proposed system into all other types of transportation facilities in the community or region;   The coordination with other development plans in the community and region so as to facilitate and synchronize growth; and   The total environment of the community and region including land use, state and regional development goals and decisions, population, travel patterns, traffic control features, ecology, pollution effects, esthetics, safety, and social and community values.       In order to ensure an integrated transportation system, the planning, location, and design of transportation facilities shall be coordinated with the appropriate planning agencies and the affected local governmental bodies.     The department may adopt local or regional transportation plans as part of or in lieu of the department's plan.   The department may develop and design plans for arterial and collector roads and streets, vehicular parking areas, other transportation modes and facilities, and other support facilities which are consistent with the department's comprehensive transportation plans. The department may render to local governmental bodies or their planning agencies such technical assistance and services as are necessary so that local plans and facilities are coordinated with the department's plans and facilities.     The department shall develop systematic techniques for considering those factors to be used in developing comprehensive plans pursuant to subsection (b) of this Code section so that all transportation facilities are so planned that they will function as integral parts of the overall plan for community, regional, and state development as portrayed in the comprehensive plans; and these plans shall be updated at reasonable intervals so as to maintain a viable plan for a 20 year planning period.     The department shall, pursuant to its rules and regulations, hold planning hearings at the appropriate state, regional, or local level, at which time the comprehensive transportation plans included in subsection (b) of this Code section shall be presented for discussion and comment.   The department shall, pursuant to its rules and regulations, hold hearings at the appropriate regional or local level for major transportation facilities, or as required by federal law, as follows:   A facility, site, or project corridor hearing, at a time after the selection of the type or types of transportation facility or facilities to be constructed and prior to the final selection of the specific site or corridor of the proposed facility; and   A design hearing, at a time prior to the department's commitment to a specific design proposal for the facility or facilities.     These public hearings shall be conducted so as to provide an opportunity for effective participation by interested persons in transportation policy decisions, the process of transportation planning, modal selections, and site and route selection, and the specific location and design of major transportation facilities. The various factors involved in the decision or decisions and any alternative proposals shall be clearly presented so that the persons attending the hearing may present their views relating to the decision or decisions which will be made. The facility, site, or project corridor hearing and the design hearing for a proposed facility or facilities may be held simultaneously to satisfy the requirements of this subsection.     The department may satisfy the requirements for a public hearing by holding a public hearing or by publishing two notices of opportunity for public hearing in a newspaper having general circulation in the vicinity of the proposed undertaking and holding a public hearing if any written requests for such a hearing are received. The procedure for requesting a public hearing shall be explained in the notice. The deadline for submission of such a request may not be less than 21 days after the publication of the first notice of opportunity for public hearing and no less than 14 days after the date of publication of the second notice of opportunity for public hearing.   A copy of the notice of opportunity for public hearing shall be furnished at the time of publication to the United States Department of Transportation, the appropriate departments of state government, and affected local governments and planning agencies. If no requests are received in response to a notice within the time specified for the submission of requests, the department shall be deemed to have met the hearing requirements.   The opportunity for another public hearing shall be afforded in any case when proposed locations or designs are changed from those presented in the notices specified in this paragraph or at a public hearing so as to have a substantially different transportation service, social, economic, or environmental effect.   The opportunity for a public hearing shall be afforded in each case in which the department is in doubt as to whether a public hearing is required.       When a public hearing is to be held, two notices of such hearing shall be published in a newspaper having general circulation in the vicinity of the proposed undertaking. The first notice shall be published no less than 30 days prior to the date of the hearing and the second notice shall be published no less than five days prior to the date of the hearing.   Copies of the notice for public hearing shall be mailed to the United States Department of Transportation, appropriate departments of state government, and affected local governments and planning agencies.       All long-range comprehensive transportation plans developed pursuant to this Code section shall be submitted to the board for its approval or disapproval.   The department shall promulgate any rules and regulations, consistent with its practices, that it deems necessary in order to implement this title.    (Ga. L. 1972, p. 1215, §§ 1-7; Code 1933, § 95A-205, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1982, p. 3, § 32; Ga. L. 1985, p. 149, § 32; Ga. L. 1986, p. 796, § 1; Ga. L. 2001, p. 4, § 32.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1985, periods have been substituted for semicolons at the end of subparagraph (b)(1)(C) and paragraph (b)(2).   Pursuant to Code Section 28-9-5, in 1986, "shall" was substituted for "will" following "Code section" in paragraph (f)(1).   OPINIONS OF THE ATTORNEY GENERAL    Construed with Environmental Policy Act and § 27-3-132. - Factors enumerated in the Environmental Policy Act, O.C.G.A. § 12-16-1 et seq., must be considered when evaluating environmental concerns under O.C.G.A. § 32-2-3. The provisions of O.C.G.A. § 27-3-132 are not repealed by implication by the Georgia Environmental Policy Act. 1991 Op. Att'y Gen. No. 91-29.   RESEARCH REFERENCES   ALR.    - Constitutionality of statute or ordinance denying right of property owners to defeat a proposed street improvement by protest, 52 A.L.R. 883.    Right of private citizen to complain of re-routing of highway or removal or change of route or directional signs, 97 A.L.R. 192.