reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 64 - RECREATION SYSTEMS (§§ 36-64-1 — 36-64-15) › Section 36-64-12 - Establishment, maintenance, and conduct of recreation system not mandatory

Notwithstanding any other provision of this chapter, it shall not be mandatory that a municipality or county establish, maintain, or conduct a recreation system.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 64 - RECREATION SYSTEMS (§§ 36-64-1 — 36-64-15) › Section 36-64-13 - Applicability of chapter generally

This chapter shall apply to all counties and municipalities in this state.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 64 - RECREATION SYSTEMS (§§ 36-64-1 — 36-64-15) › Section 36-64-14 - Applicability of chapter to recreation and playground commissions, boards, and systems created by special Acts of General Assembly

This chapter shall not apply to recreation or playground commissions, boards, or systems which are created by special Acts of the General Assembly.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 64 - RECREATION SYSTEMS (§§ 36-64-1 — 36-64-15) › Section 36-64-15 - Removal of minimum or maximum recreation tax by municipality or county

(a)
If a municipality or county has adopted the provisions of this chapter at an election, thereby establishing a minimum recreation tax, a maximum recreation tax, or a minimum and maximum recreation tax, then such minimum or maximum or both may be removed as provided in this Code section.
(b)
In order to so remove the minimum or maximum or both, the governing body of the municipality or county shall adopt a resolution to that effect, subject to approval by a majority of the voters of the municipality or county at the next general or special election of the municipality or county which is held more than 45 days after the date of the adoption of the resolution by the governing body. Such resolution shall specify the ballot language to be used in presenting the question and the governing body shall provide a copy of the resolution to the appropriate election officials. If a majority of the voters voting on the question of removal vote in favor, the minimum or maximum or both shall be removed as presented to the voters.
(c)
Where a minimum or maximum or both has or have been removed as authorized by this Code section, the amount of municipal or county funding for the recreation system of the municipality or county shall thereafter be determined by the governing body of the municipality or county in its discretion; and the municipal or county governing body shall assume budgetary control over the recreation fund and any moneys therein.
Added by 2008 Ga. Laws 693,§ 1, eff. 5/14/2008.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 65 - IMMUNITY FROM ANTITRUST LIABILITY (§§ 36-65-1 — 36-65-2) › Section 36-65-1 - Statement of policy

It is declared by the General Assembly of Georgia that in the exercise of powers specifically granted to them by law, local governing authorities of cities and counties are acting pursuant to state policy.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 65 - IMMUNITY FROM ANTITRUST LIABILITY (§§ 36-65-1 — 36-65-2) › Section 36-65-2 - Immunity of local governments from antitrust liability

This chapter is intended to articulate clearly and express affirmatively the policy of the State of Georgia that in the exercise of such powers, such local governing authorities shall be immune from antitrust liability to the same degree and extent as enjoyed by the State of Georgia.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 66 - ZONING PROCEDURES (§§ 36-66-1 — 36-66-7) › Section 36-66-1 - Short title

This chapter shall be known and may be cited as the "Zoning Procedures Law."
Amended by 2022 Ga. Laws 881,§ 1, eff. 7/1/2022.
See 2022 Ga. Laws 881, § 2.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 66 - ZONING PROCEDURES (§§ 36-66-1 — 36-66-7) › Section 36-66-2 - Legislative purpose; local government zoning powers

(a)
While recognizing and confirming the authority of local governments to exercise zoning power within their respective territorial boundaries, it is the intention of this chapter to establish as state policy minimum procedures governing the exercise and means of judicial review of the exercise of that power. The purpose of these minimum procedures is to assure that due process is afforded to the general public when local governments regulate the uses of property through the exercise of the zoning power. Nothing in this chapter shall be construed to invalidate any zoning decision made by a local government prior to July 1, 2023, or to require a local government to exercise its zoning power.
(b)
Consistent with the minimum procedures required by this chapter, local governments may:
(1)
Provide by ordinance or resolution for such administrative officers, boards, or agencies as may be expedient for the efficient exercise of delegated, quasi-judicial zoning powers and to establish procedures and notice requirements for hearings before such quasi-judicial officers, boards, or agencies that are consistent with the minimum procedures provided for in this chapter to assure due process is afforded the general public; and
(2)
Provide by ordinance or resolution for procedures and requirements in addition to or supplemental to those required by this chapter and, where so adopted, thereby establish the minimum procedures for such local government's exercise of zoning powers.
Amended by 2022 Ga. Laws 881,§ 1, eff. 7/1/2022.
See 2022 Ga. Laws 881, § 1.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 66 - ZONING PROCEDURES (§§ 36-66-1 — 36-66-7) › Section 36-66-3 - Definitions

As used in this chapter, the term:
(1)
"Local government" means any county or municipality which exercises zoning power within its territorial boundaries.
(1.1)
"Quasi-judicial officers, boards, or agencies" means an officer, board, or agency appointed by a local government to exercise delegated, quasi-judicial zoning powers including hearing appeals of administrative decisions by such officers, boards, or agencies and hearing and rendering decisions on applications for variances, special administrative permits, special exceptions, conditional use permits, or other similar permits not enumerated herein as a zoning decision, pursuant to standards for the exercise of such quasi-judicial authority adopted by a local government.
(2)
"Territorial boundaries" means, in the case of counties, the unincorporated areas thereof and any area defined in paragraph (5.1) of Code Section
36-70-2
, and, in the case of municipalities, the area lying within the corporate limits thereof except any area defined in paragraph (5.1) of Code Section
36-70-2
.
(3)
"Zoning" means the power of local governments to provide within their respective territorial boundaries for the zoning or districting of property for various uses and the prohibition of other or different uses within such zones or districts and for the regulation of development and the improvement of real estate within such zones or districts in accordance with the uses of property for which such zones or districts were established.
(4)
"Zoning decision" means final legislative action by a local government which results in:
(A)
The adoption or repeal of a zoning ordinance;
(B)
The adoption of an amendment to a zoning ordinance which changes the text of the zoning ordinance;
(C)
The adoption or denial of an amendment to a zoning ordinance to rezone property from one zoning classification to another;
(D)
The adoption or denial of an amendment to a zoning ordinance by a municipal local government to zone property to be annexed into the municipality;
(E)
The grant or denial of a permit relating to a special use of property; or
(F)
The grant or denial of a variance or conditions concurrent and in conjunction with a decision pursuant to subparagraph (C) or (E) of this paragraph.
(5)
"Zoning ordinance" means an ordinance or resolution of a local government establishing procedures and zones or districts within its respective territorial boundaries which regulate the uses and development standards of property within such zones or districts. The term also includes the zoning map adopted in conjunction with a zoning ordinance which shows the zones and districts and zoning classifications of property therein.
Amended by 2023 Ga. Laws 353,§ 7, eff. 7/1/2023.
Amended by 2022 Ga. Laws 881,§ 1, eff. 7/1/2022.
See 2022 Ga. Laws 881, § 1.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 66 - ZONING PROCEDURES (§§ 36-66-1 — 36-66-7) › Section 36-66-5 - Adoption of hearing policies and procedures and standards for exercise of zoning power

(a)
Local governments shall adopt policies and procedures which govern calling and conducting hearings required by Code Section
36-66-4
, and printed copies of such policies and procedures shall be available for distribution to the general public. Such policies and procedures shall specify a minimum time period at hearings on proposed zoning decisions or quasi-judicial decisions for presentation of data, evidence, and opinion by proponents of each zoning decision and an equal minimum time period for presentation by opponents of each proposed zoning decision, such minimum time period to be no less than ten minutes per side.
(b)
In addition to policies and procedures required by subsection (a) of this Code section, each local government rendering a zoning decision shall adopt standards governing the exercise of the zoning power, and such standards may include any factors which the local government finds relevant in balancing the interest in promoting the public health, safety, morality, or general welfare against the right to the unrestricted use of property. Such standards shall be printed and copies thereof shall be available for distribution to the general public.
(b.1)
In addition to policies and procedures required by subsection (a) of this Code section, each local government providing for a quasi-judicial officer's, board's, or agency's grant, denial, or review of a quasi-judicial matter may adopt specific standards and criteria governing the exercise of such quasi-judicial decision-making authority, and such standards shall include the factors by which the local government directs the evaluation of a quasi-judicial matter. Such standards shall be printed and copies thereof made available for distribution to the general public.
(c)
The policies and procedures required by subsection (a) of this Code section and the adoption of standards required by subsection (b) and permitted by subsection (b.1) of this Code section shall be included in and adopted as part of the zoning ordinance. Prior to the adoption of any zoning ordinance enacted on or after July 1, 2022, a local government shall conduct a public hearing on a proposed action which may be advertised and held concurrent with the hearing required by subsection (a) of Code Section
36-66-4
for the adoption of a zoning ordinance. The provisions of subsection (a) of Code Section
36-66-4
relating to notices of public hearings for the purposes of that subsection shall also apply to public hearings required by this subsection.
Amended by 2022 Ga. Laws 881,§ 1, eff. 7/1/2022.
See 2022 Ga. Laws 881, § 1.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 66 - ZONING PROCEDURES (§§ 36-66-1 — 36-66-7) › Section 36-66-7 - Zoning regulations when replacing preexisting manufactured mobile homes

(a)
As used in this Code section, the term:
(1)
"Manufactured home" has the same meaning as provided in Code Section
8-2-131
.
(2)
"Mobile home" has the same meaning as provided in Code Section
8-2-131
.
(3)
"New home" means a manufactured home or mobile home that is purchased from either the original manufacturer or a dealer in the ordinary course of such dealer's business and has never been titled or previously occupied.
(4)
"Single-family dwelling" means a manufactured home or mobile home used as a single-family residence.
(b)
Notwithstanding any other provision of this chapter, when there is a replacement of a preexisting manufactured home or mobile home with a new home within a manufactured home community or mobile home park, or on any other residential land, a local government shall not adopt or enforce any zoning decision or zoning ordinance, or any other regulation or restriction, or impose any conditions on the new home, the property upon which the home sits, or the owner's property that were not required of the preexisting home, home site, or property, that would prevent the continuance of the property owner's lawful nonconforming use that had existed relating to the preexisting home, the property upon which the home sat, or the owner's property.
(c)
The provisions of subsection (b) of this Code section shall not apply if:
(1)
A discontinuance is necessary for the safety of life or property;
(2)
The nonconforming use has been discontinued for the period of time established by ordinance which shall not be less than 12 months, unless such discontinuance is caused by circumstances outside the control of the property owner;
(3)
The replacement home would result in a change from the lawful nonconforming use as a single-family dwelling to any other type of dwelling; or
(4)
The replacement home results in an obstruction to a shared driveway or shared sidewalk providing vehicular or pedestrian access to other homes and uses, unless the property owner makes modifications to such shared driveway or shared sidewalk that extinguishes such obstruction or the effects of such obstruction.
Added by 2023 Ga. Laws 23,§ 1, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 66A - TRANSFER OF DEVELOPMENT RIGHTS (§§ 36-66A-1 — 36-66A-2) › Section 36-66A-1 - Definitions

As used in this chapter, the term:
(1)
"Development rights" means the development that would be allowed on the sending property under any comprehensive or specific plan or local zoning ordinance of a municipality or county in effect on the date the municipality or county adopts an ordinance pursuant to this chapter. Development rights may be calculated and allocated in accordance with factors including dwelling units, area, floor area, floor area ratio, height limitations, traffic generation, or any other criteria that will quantify a value for the development rights in a manner that will carry out the objectives of this Code section.
(2)
"Person" means any natural person, corporation, partnership, trust, foundation, nonprofit agency, or other legal entity.
(3)
"Receiving area" means an area identified by an ordinance as an area authorized to receive development rights transferred from a sending area.
(4)
"Receiving property" means a lot or parcel within which development rights are increased pursuant to a transfer of development rights. Receiving property shall be appropriate and suitable for development and shall be sufficient to accommodate the transferable development rights of the sending property without substantial adverse environmental, economic, or social impact to the receiving property or to neighboring property.
(5)
"Sending area" means an area identified by an ordinance as an area from which development rights are authorized to be transferred to a receiving area.
(6)
"Sending property" means a lot or parcel with special characteristics, including farm land; woodland; desert land; mountain land; a flood plain; natural habitats; wetlands; ground-water recharge area; marsh hammocks; recreation areas or parkland, including golf course areas; or land that has unique esthetic, architectural, or historic value that a municipality or county desires to protect from future development.
(7)
"Transfer of development rights" means the process by which development rights from a sending property are affixed to one or more receiving properties.
(8)
"Transfer ratio" means the ratio of the number of development rights that may be allocated to and transferred from a lot or parcel in a sending area to the number of development credits that may be allocated to and used upon a lot or parcel in a receiving area.
Amended by 2012 Ga. Laws 684,§ 36, eff. 5/1/2012.
Amended by 2008 Ga. Laws 762,§ 1, eff. 7/1/2008.
Amended by 2003 Ga. Laws 378, § 1, eff. 6/4/2003.
Amended by 2001 Ga. Laws 375.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 66B - MOBILE BROADBAND INFRASTRUCTURE LEADS TO DEVELOPMENT (BILD) › Section 36-66B-1 - Short title

This chapter shall be known and may be cited as the "Mobile Broadband Infrastructure Leads to Development (BILD) Act."
Amended by 2014 Ga. Laws 569,§ 1, eff. 7/1/2014.
Added by 2010 Ga. Laws 430,§ 1, eff. 6/4/2010.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 66B - MOBILE BROADBAND INFRASTRUCTURE LEADS TO DEVELOPMENT (BILD) › Section 36-66B-2 - Legislative findings and intent

(a)
The General Assembly finds that the enactment of this chapter is necessary to:
(1)
Ensure the safe and efficient integration of facilities necessary for the provision of broadband and other advanced wireless communication services throughout this state;
(2)
Ensure the ready availability of reliable wireless communication services to the public to support personal communications, economic development, and the general welfare;
(3)
Encourage where feasible the modification or collocation of wireless facilities on existing wireless support structures over the construction of new wireless support structures in the deployment or expansion of commercial wireless networks; and
(4)
Allow the deployment of critical wireless infrastructure to ensure that first responders can provide for the health and safety of all residents of Georgia.
(b)
While recognizing and confirming the purview of local governments to exercise zoning, land use, and permitting authority within their territorial boundaries with regard to the location, construction, and modification of wireless communication facilities, it is the intent of this chapter to establish procedural standards for the exercise of such authority so as to streamline and facilitate the construction, collocation, or modification of such facilities, including the placement of new or additional wireless facilities on existing wireless support structures. It is not the intent of this chapter to limit or preempt the scope of a local government's review of zoning, land use, or permitting applications for the siting of wireless facilities or wireless support structures or to require a local government to exercise its zoning power.
Amended by 2014 Ga. Laws 569,§ 1, eff. 7/1/2014.
Added by 2010 Ga. Laws 430,§ 1, eff. 6/4/2010.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 66B - MOBILE BROADBAND INFRASTRUCTURE LEADS TO DEVELOPMENT (BILD) › Section 36-66B-5 - Time limitations for review of application for new wireless facilities or support structure

(a)
Within 150 calendar days of the date an application for a new wireless support structure is filed with the local governing authority, unless another date is specified in a written agreement between the local governing authority and the applicant, the local governing authority shall:
(1)
Make its final decision to approve or disapprove the application; and
(2)
Advise the applicant in writing of its final decision.
(b)
Within 30 calendar days of the date an application for a new wireless support structure is filed with the local governing authority, the local governing authority shall determine if it is a complete application and, if it determines the application is not a complete application, notify the applicant in writing of any information required to complete such application. To the extent additional information is required to complete the application, the time required by the applicant to provide such information shall not be counted toward the calendar day review period set forth in subsection (a) of this Code section. Information requested to complete the application may only include the documents, information, and fees specifically enumerated in the local governing authority's existing regulations, ordinances, and forms pertaining to the location, construction, collocation, modification, or operation of wireless facilities.
Added by 2014 Ga. Laws 569,§ 1, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 66B - MOBILE BROADBAND INFRASTRUCTURE LEADS TO DEVELOPMENT (BILD) › Section 36-66B-6 - Limitations on local regulations

In the regulation of the placement or construction of any new wireless facility or wireless support structure, a local governing authority shall not:
(1)
Condition the approval of any application for a new wireless support structure on a requirement that a modification or collocation to such structure be subject to a review that is inconsistent with the requirements of Code Section
36-66B-4
;
(2)
Require the removal of existing wireless support structures or wireless facilities as a condition to approval of an application for a new wireless facility or wireless support structure unless such existing wireless support structure or wireless facility is abandoned and owned by the applicant; or
(3)
Require the applicant to place an antenna or other wireless communications equipment on publicly owned land or on a publicly or privately owned water tank, building, or electric transmission tower as an alternative to the location proposed by the applicant.
Added by 2014 Ga. Laws 569,§ 1, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 66B - MOBILE BROADBAND INFRASTRUCTURE LEADS TO DEVELOPMENT (BILD) › Section 36-66B-7 - Limitations on local fees charged

A local governing authority shall not:
(1)
Charge an applicant a zoning, permitting, or other fee for review or inspection of a new or existing wireless facility or wireless support structure in an amount greater than the amount authorized by subsection (a) of Code Section
48-13-9
;
(2)
Charge an applicant a zoning, permitting, or other fee for review or inspection of a collocation or modification in excess of $500.00;
(3)
Seek reimbursement from the applicant for any application fees, consultation fees, registry fees, or audit fees with respect to a wireless facility or wireless support structure that are based on a contingency fee arrangement; or
(4)
Charge a wireless service provider or wireless infrastructure provider any rental, license, or other fees in excess of the fair market value for rental or use of similarly situated property to renew or extend the term of a lease or other agreement for a wireless facility or wireless support structure on such local governing authority's property.
Added by 2014 Ga. Laws 569,§ 1, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 66C - STREAMLINING WIRELESS FACILITIES AND ANTENNAS ACT (§§ 36-66C-1 — 36-66C-21) › Section 36-66C-1 - Short title

This chapter shall be known and may be cited as the "Streamlining Wireless Facilities and Antennas Act."
Added by 2019 Ga. Laws 53,§ 1, eff. 4/26/2019.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 66C - STREAMLINING WIRELESS FACILITIES AND ANTENNAS ACT (§§ 36-66C-1 — 36-66C-21) › Section 36-66C-3 - Informing authority on deployment of small wireless facilities and poles; confidentiality and proprietary nature of information

(a)
An applicant that has not previously held a meeting with a Class I Authority that complies with this Code section shall meet with the Class I Authority at least 30 days before submitting applications under Code Section
36-66C-6
to inform such authority in good faith when such applicant expects to commence deployment of small wireless facilities and poles within such authority pursuant to this chapter, the number of small wireless facilities and poles it expects to deploy during the 24 months after commencement, and the expected timing of such deployments.
(b)
Upon request by any Class II Authority that is located within a metropolitan statistical area and with which the applicant has not previously held a meeting that complies with this Code section, an applicant shall meet with such authority at least 30 days before submitting applications under Code Section
36-66C-6
to inform such authority in good faith when such applicant expects to commence deployment of small wireless facilities and poles within such authority pursuant to this chapter, the number of small wireless facilities and poles it expects to deploy during the 24 months after commencement, and the expected timing of such deployments.
(c)
All documents or other information provided by the applicant in the course of, or in association with, any meetings provided for in this Code section shall be presumed to be confidential and proprietary and a trade secret as such term is defined in Code Section
10-1-761
, shall be subject to exemption from disclosure under state and federal law, and shall not be subject to disclosure under Article 4 of Chapter 18 of Title 50.
Added by 2019 Ga. Laws 53,§ 1, eff. 4/26/2019.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 66C - STREAMLINING WIRELESS FACILITIES AND ANTENNAS ACT (§§ 36-66C-1 — 36-66C-21) › Section 36-66C-4 - Collocation of small wireless facilities and installation, modification, or replacement of associated poles or decorative poles

A wireless provider may collocate small wireless facilities and install, modify, or replace associated poles or decorative poles under this chapter without an agreement with an authority and without an implementing ordinance. An authority may make available to wireless providers rates, fees, and other terms that comply with this chapter and that are adopted by ordinance, resolution, or another document by the authority after public notice. In the absence of an ordinance, a resolution, or another document that complies with this chapter, and until any such ordinance, a resolution, or other document is adopted, if at all, a wireless provider may collocate small wireless facilities and install, modify, or replace associated poles or decorative poles pursuant to the requirements of this chapter. An authority may not require a wireless provider to enter into an agreement to implement this chapter, but nothing in this chapter shall prohibit an authority and a wireless provider from voluntarily entering one or more such agreements, including such agreements with rates, fees, and other terms that differ from those in this chapter; provided, however, that the authority shall make each such agreement available for public inspection and available for adoption upon the same terms and conditions to any requesting wireless provider.
Added by 2019 Ga. Laws 53,§ 1, eff. 10/1/2019.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 66C - STREAMLINING WIRELESS FACILITIES AND ANTENNAS ACT (§§ 36-66C-1 — 36-66C-21) › Section 36-66C-8 - Compliance with all applicable law

Applications for any other uses that are not expressly set forth or referenced in subsection (a) of Code Section
36-66C-6
or that are not otherwise addressed by this chapter shall require compliance with, and issuance of a permit under, applicable law. Without limiting the foregoing, any modification, maintenance, repair, or replacement that is not set forth in subsections (e) and (f) of Code Section
36-66C-6
or that is not eligible for administrative review under Code Section
36-66C-7
shall require compliance with, and issuance of a permit under, applicable law.
Added by 2019 Ga. Laws 53,§ 1, eff. 10/1/2019.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 66C - STREAMLINING WIRELESS FACILITIES AND ANTENNAS ACT (§§ 36-66C-1 — 36-66C-21) › Section 36-66C-9 - Due care during installation and maintenance; interference prohibited

(a)
An applicant in the right of way shall employ due care during the installation and maintenance process and shall comply with all safety and right of way protection requirements of general applicability set forth in applicable law.
(b)
An applicant in the right of way shall not place any small wireless facilities, support structures, poles, or decorative poles where they will interfere with any existing infrastructure or equipment and shall locate its lines and equipment in such a manner as not to interfere unnecessarily with the usual vehicular or pedestrian traffic patterns or with the rights or reasonable convenience of owners of property that abuts any right of way.
Added by 2019 Ga. Laws 53,§ 1, eff. 10/1/2019.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 66C - STREAMLINING WIRELESS FACILITIES AND ANTENNAS ACT (§§ 36-66C-1 — 36-66C-21) › Section 36-66C-10 - Collocation within historic district; limitations

Notwithstanding any provision of this chapter to the contrary, within a historic district, an applicant may collocate a small wireless facility and may place or replace a pole, only upon satisfaction of the following:
(1)
The issuance of a permit under subsection (a) of Code Section
36-66C-6
; and
(2)
(A)
Compliance with any objective, reasonable, and nondiscriminatory aesthetic and structural requirements that have been made publicly available in writing by the authority at least 30 days prior to submission of the application; provided, however, that any such requirements may not have the effect of materially inhibiting any wireless provider's technology or service, and compliance with any such requirements shall not be considered a part of the small wireless facility for purposes of the size restrictions in the definition of small wireless facility; or
(B)
In the absence of any such requirements, a replacement pole shall be substantially similar in height and appearance to the pole being replaced.
Added by 2019 Ga. Laws 53,§ 1, eff. 10/1/2019.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 66C - STREAMLINING WIRELESS FACILITIES AND ANTENNAS ACT (§§ 36-66C-1 — 36-66C-21) › Section 36-66C-11 - Alternate locations; certification

For applications for new poles in the right of way in areas zoned for residential use, the authority may propose an alternate location in the right of way within 100 feet of the location set forth in the application, and the wireless provider shall use the authority's proposed alternate location unless the location imposes technical limits or significant additional costs. The wireless provider shall certify that it has made such a determination in good faith, based on the assessment of a licensed engineer, and it shall provide a written summary of the basis for such determination.
Added by 2019 Ga. Laws 53,§ 1, eff. 10/1/2019.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 66C - STREAMLINING WIRELESS FACILITIES AND ANTENNAS ACT (§§ 36-66C-1 — 36-66C-21) › Section 36-66C-12 - Requirements for use of decorative poles

Notwithstanding any provision of this chapter to the contrary, an applicant may collocate a small wireless facility on a decorative pole, or may replace a decorative pole with a new decorative pole, in the event the existing decorative pole will not structurally support the attachment, only upon satisfaction of the following:
(1)
The issuance of a permit under subsection (a) of Code Section
36-66C-6
; and
(2)
(A)
Compliance with any objective and reasonable aesthetic and structural requirements that have been made publicly available in writing by the authority at least 30 days prior to submission of the application; provided, however, that any such requirements shall not have the effect of materially inhibiting any wireless provider's technology or service, and compliance with any such requirements shall not be considered a part of the small wireless facility for purposes of the size restrictions in the definition of small wireless facility; or
(B)
In the absence of any such requirements, a replacement decorative pole shall be substantially similar in height and appearance to the decorative pole being replaced.
The authority shall operate authority fixtures on the replaced decorative pole, and, absent an agreement to the contrary between the authority and the wireless provider that is confirmed by email or other writing, the authority shall take ownership of the new decorative pole.
Added by 2019 Ga. Laws 53,§ 1, eff. 10/1/2019.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 66C - STREAMLINING WIRELESS FACILITIES AND ANTENNAS ACT (§§ 36-66C-1 — 36-66C-21) › Section 36-66C-14 - Resolution of conflicting requests

If multiple applications are received by the authority to install two or more poles or decorative poles at the same location or to collocate two or more small wireless facilities on the same pole, decorative pole, or support structure, the authority shall resolve conflicting requests in an appropriate, reasonable, and nondiscriminatory manner.
Added by 2019 Ga. Laws 53,§ 1, eff. 10/1/2019.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 66C - STREAMLINING WIRELESS FACILITIES AND ANTENNAS ACT (§§ 36-66C-1 — 36-66C-21) › Section 36-66C-15 - Indemnification and liability

(a)
An authority shall not require a wireless provider to indemnify and hold the authority and its officers and employees harmless against any claims, lawsuits, judgments, costs, liens, losses, expenses, or fees arising from the wireless provider's activities in the public right of way under this chapter, except when a court of competent jurisdiction has found that the negligence of the wireless provider while conducting such activities caused the harm that resulted in such claims, lawsuits, judgments, costs, liens, losses, expenses, or fees or to require a wireless provider to obtain insurance naming the authority or its officers and employees an additional insured against any of the foregoing.
(b)
In no event shall any authority or any officer, employee, or agent affiliated therewith, while in the performance of its or his or her official duties, be liable for any claim related to the siting, installation, maintenance, repair, replacement, relocation, permitting, or location of wireless equipment, facilities, poles, or infrastructure, including, but not limited to, any claim for destruction, damage, business interruption, or signal interference with other communications service providers wherein such siting, installation, maintenance, repair, replacement, relocation, permitting, or location was undertaken in substantial compliance with this chapter.
Added by 2019 Ga. Laws 53,§ 1, eff. 10/1/2019.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 66C - STREAMLINING WIRELESS FACILITIES AND ANTENNAS ACT (§§ 36-66C-1 — 36-66C-21) › Section 36-66C-16 - Extra services

Absent an agreement to the contrary that is made public and that is available for adoption upon the same terms and conditions to any requesting wireless provider, an authority shall not require an applicant to perform services unrelated to the collocation for which approval is sought, such as in-kind contributions to the authority, including reserving fiber, conduit, or space on a utility pole or a wireless support structure for the authority, and such authority may not require an applicant to transfer small wireless facilities, poles, decorative poles, or support structures to the authority, provided that the authority may require transfer of an authority pole replaced by the applicant to accommodate its collocation.
Added by 2019 Ga. Laws 53,§ 1, eff. 10/1/2019.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 66C - STREAMLINING WIRELESS FACILITIES AND ANTENNAS ACT (§§ 36-66C-1 — 36-66C-21) › Section 36-66C-17 - Application if prior agreement in place

If an authority and a wireless provider entered into an agreement addressing the subject matter of this chapter prior to October 1, 2019:
(1)
This chapter shall not apply until such agreement expires or is terminated pursuant to its terms with regard to poles, decorative poles, support structures, replacement poles, and small wireless facilities installed pursuant to such agreement prior to October 1, 2019; and
(2)
Otherwise, the provisions of this chapter shall apply to poles, decorative poles, support structures, replacement poles, and small wireless facilities installed on or after October 1, 2019.
Added by 2019 Ga. Laws 53,§ 1, eff. 10/1/2019.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 66C - STREAMLINING WIRELESS FACILITIES AND ANTENNAS ACT (§§ 36-66C-1 — 36-66C-21) › Section 36-66C-18 - Limitations

Except to the extent authorized by current or future federal law, nothing in this chapter shall authorize this state or any political subdivision thereof, including, but not limited to, an authority, to require small wireless facility deployment or to regulate wireless services.
Added by 2019 Ga. Laws 53,§ 1, eff. 10/1/2019.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 66C - STREAMLINING WIRELESS FACILITIES AND ANTENNAS ACT (§§ 36-66C-1 — 36-66C-21) › Section 36-66C-19 - Conflicting provisions

In the event of any conflict between the provisions of this chapter and the provisions of Chapter 66B of this title, this chapter shall control as to the collocation of small wireless facilities and the construction, installation, maintenance, modification, operation, and replacement of poles or support structures by wireless providers in the right of way.
Added by 2019 Ga. Laws 53,§ 1, eff. 10/1/2019.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 66C - STREAMLINING WIRELESS FACILITIES AND ANTENNAS ACT (§§ 36-66C-1 — 36-66C-21) › Section 36-66C-20 - Wireline backhaul facilities not addressed; no communication services authorized; utilization of rights of ways

(a)
The construction, installation, maintenance, modification, operation, and replacement of wireline backhaul facilities in the right of way are not addressed by this chapter, and any such activity shall comply with Code Section
46-5-1
, Chapter 76 of this title, and other applicable law.
(b)
The approval of the installation, placement, maintenance, or operation of a small wireless facility pursuant to this chapter shall not authorize the provision of any communications services.
(c)
Except as provided in this chapter or otherwise expressly authorized by state or federal law, an authority shall not adopt or enforce any ordinances, regulations, or requirements as to the placement or operation of communications facilities in a right of way by a communications services provider authorized by state or local law to operate in a right of way, regulate any communications services, or impose or collect any tax, fee, or charge for the provision of communications services over the communications services provider's communications facilities in a right of way.
(d)
This chapter shall not apply to an authority to the extent that such authority uses communications facilities to provide free Wi-Fi services to the public.
Added by 2019 Ga. Laws 53,§ 1, eff. 10/1/2019.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 66C - STREAMLINING WIRELESS FACILITIES AND ANTENNAS ACT (§§ 36-66C-1 — 36-66C-21) › Section 36-66C-21 - No relief of duties

Nothing in this chapter relieves any person of any duties set forth in Chapter 9 of Title 25.
Added by 2019 Ga. Laws 53,§ 1, eff. 10/1/2019.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 67 - [Repealed] ZONING PROPOSAL REVIEW PROCEDURES (§ 36-67-1) › Section 36-67-1 - through 36-67-6 - [Reserved]

Reserved. Repealed by Ga. L. 2012, p. 351, § 1/HB 1089, effective April 19, 2012.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 67A - CONFLICT OF INTEREST IN ZONING ACTIONS (§§ 36-67A-1 — 36-67A-6) › Section 36-67A-1 - Definitions

As used in this chapter, the term:
(1)
"Applicant" means any person who applies for a rezoning action and any attorney or other person representing or acting on behalf of a person who applies for a rezoning action.
(2)
"Business entity" means any corporation, partnership, limited partnership, firm, enterprise, franchise, association, or trust.
(2.1)
"Campaign contribution" means a "contribution" as defined in paragraph (7) of Code Section
21-5-3
.
(3)
"Financial interest" means all direct ownership interests of the total assets or capital stock of a business entity where such ownership interest is 10 percent or more.
(4)
"Local government" means any county or municipality of this state.
(5)
"Local government official" means any member of the governing authority of a local government or any member of a planning or zoning commission.
(6)
"Member of the family" means the spouse, mother, father, brother, sister, son, or daughter of a local government official.
(6.1)
"Opponent" means any person who opposes a rezoning action or any attorney or other person representing or acting on behalf of a person who opposes a rezoning action.
(6.2)
"Oppose" means to appear before, discuss with, or contact, either orally or in writing, any local government or local government official and argue against a rezoning action.
(6.3)
"Person" means an individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons.
(7)
"Property interest" means the direct ownership of real property and includes any percentage of ownership less than total ownership.
(8)
"Real property" means any tract or parcel of land and, if developed, any buildings or structures located on the land.
(9)
"Rezoning action" means action by local government adopting an amendment to a zoning ordinance which has the effect of rezoning real property from one zoning classification to another.
Amended by 2005 Ga. Laws 212,§ 24, eff. 1/9/2006.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 67A - CONFLICT OF INTEREST IN ZONING ACTIONS (§§ 36-67A-1 — 36-67A-6) › Section 36-67A-2 - Disclosure of financial interests

A local government official who knew or reasonably should have known he or she:
(1)
Has a property interest in any real property affected by a rezoning action which that official's local government will have the duty to consider;
(2)
Has a financial interest in any business entity which has a property interest in any real property affected by a rezoning action which that official's local government will have the duty to consider; or
(3)
Has a member of the family having any interest described in paragraph (1) or (2) of this Code section
shall immediately disclose the nature and extent of such interest, in writing, to the governing authority of the local government in which the local government official is a member. The local government official who has an interest as defined in paragraph (1) or (2) of this Code section shall disqualify himself from voting on the rezoning action. The disqualified local government official shall not take any other action on behalf of himself or any other person to influence action on the application for rezoning. The disclosures provided for in this Code section shall be a public record and available for public inspection at any time during normal working hours.