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 110-12-3 - DEVELOPMENTS OF REGIONAL IMPACT › Rule 110-12-3-.02 - DRI Communication Procedures

Current through Rules and Regulations filed through June 27, 2024
(1)
Request for Action.
Whenever a local government is considering action (see
				110-12-3-.03(1) on
				a development project that meets or exceeds the DRI thresholds for that
				development type, the local government must require that the applicant
				(developer, builder, or landowner who is proposing the new development) provide
				enough information about the project to complete the DRI Information Form.This
				form is available on the Department's web site and is intended to: (1) identify
				basic information about the proposed project; (2) provide this information to
				the Regional Commission and GRTA (if the local government is located within
				GRTA's jurisdiction) in order for them to determine if the project is a DRI;
				and (3) provide information about the proposed project to affected parties upon
				which they may base their comments.
(2)
DRI Notification.
When
				completed, the host local government must electronically submit the DRI
				Information Form to the Regional Commission, GRTA (if the local government is
				located within GRTA's jurisdiction), and the Department using the DRI website.
				When completing this form, the local government should ascertain that plans for
				the proposed project are sufficiently finalized that no, or only minor,
				modifications of the proposed project are anticipated prior to project
				construction. The host local government may proceed with its development review
				process during the DRI process steps specified below, provided that it does not
				take final official action approving a project until the DRI process is
				completed and it has had adequate time to consider the Regional Commission's
				DRI report (see section
				110-12-3-.03(4)
				for more details).
(3)
DRI
				Determination.
Within 5 days of receiving a fully and accurately
				completed DRI Information form, the Regional Commission must evaluate whether
				the project is a DRI. The Regional Commission's determination of whether the
				project is a DRI shall be made in consultation with the host local government
				and considering the guidelines provided in section
				110-12-3-.05(1).
				The Regional Commission must then issue notice to the local government,
				applicant, GRTA (if the local government is located within GRTA's jurisdiction)
				and the Department using the DRI website, stating whether or not the project
				has been designated as a DRI. If applicable, the Regional Commission must also
				provide GRTA with a copy of all information submitted by the local government
				pertaining to the proposed development. GRTA will then review the project
				concurrently with the Regional Commission in accordance with GRTA's Principles
				and Procedures adopted pursuant to O.C.G.A §
									50-32-1
et seq.
If
				the Regional Commission determines the project is not a DRI, the process is
				terminated.
(4)
Notice to
				Affected Parties and Comment Period.
Within 5 days of issuing the DRI
				determination, the Regional Commission will provide a DRI information packet
				for review and comment to all affected parties. This packet shall include a
				project summary, a copy of the DRI Information Form, and any additional
				information the Regional Commission may have obtained regarding the project.
				The DRI information packet will also include a notice stating, at a minimum,
				the following:
* The beginning and end dates of a 15-day period during which
				  the Regional Commission will accept comments for inclusion in the DRI report to
				  be delivered to the host jurisdiction;
* The manner in which affected parties should submit
				  comments; and,
* A list of all of the jurisdictions and affected parties
				  receiving the notice.
(5)
DRI Report.
Within 5 days of the conclusion of the 15-day comment
				period, the Regional Commission must assemble a DRI report containing the
				following components. The materials presented in the DRI report are purely
				advisory and under no circumstances should be considered as binding or
				infringing upon the host jurisdiction's right to determine for itself the
				appropriateness of development within its boundaries.
(a)
Comments from Affected
				Parties.
The Regional Commission must include all of the comments
				received from affected parties in the DRI report.
(b)
Regional Commission
				Comments.
The report must also include the Regional Commission's
				assessment of any likely interjurisdictional impacts resulting from the
				proposed development and how the project relates to the policies, programs, and
				projects articulated in the Regional Plan and Regional Resource Plan.
(c)
Evaluation and
Recommendations.
If applicable, the DRI report shall also include
				the products of any evaluation and analysis which may have been completed by
				the Regional Commission pursuant to section
				110-12-3-.02(10)(a).
				The Regional Commission may, depending on its assessment of the local
				government's need for advice and assistance, include recommendations or offer
				technical assistance to the local government for addressing impacts of the
				proposed development. Furthermore, the Regional Commission may provide in-depth
				recommendations or offer technical assistance to other affected parties
				relative to mitigating potential impacts of the proposed project.