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 110-12-7 - DEVELOPMENTS OF REGIONAL IMPACT: ALTERNATIVE REQUIREMENTS: ATLANTA REGIONAL COMMISSION › Rule 110-12-7-.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
				110-12-7-.03(1) on
				a development project that may meet or exceed the DRI thresholds for that
				development type, the local government must contact the Regional Commission
				Review Coordinator to schedule a Pre-Review Meeting. The local government may
				do so via email, fax, or written letter.
(2)
Pre-Review Meeting.
Within
				5 days of host local government contact, the Regional Commission will schedule
				a pre-review meeting to be held within 10 days of first contact, unless
				requested otherwise by the host local government, the applicant, or other
				affected party. Invitations to the pre-review meeting must be extended to the
				host local government, the applicant, and all affected parties. The purpose of
				the pre-review meeting is to explain the DRI review process, discuss project
				related issues, determine if the project is a candidate for expedited review,
				per items outlined in section
				110-12-7-.02(11)(b),
				and determine additional information required of the applicant regarding the
				proposed project. *If it can be determined at this stage that the development
				proposal does not warrant regional review, the Regional Commission may make
				that determination and terminate the review process.* Additionally, 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
				110-12-7-.03(4)
				for more details).
(3)
DRI
				Determination.
Within 5 days of the Pre-review meeting, 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
				110-12-7-.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)
Submittal of
				DRI Information Form and Additional Information.
Provided the pre-review
				meeting does not result in an expedited review, the applicant must provide the
				host local government with all information necessary to complete the DCA DRI
				Information Form. 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
				DCA DRI website. The applicant must also gather all additional information
				identified at the pre-review meeting and submit this information to the
				Regional Commission and to GRTA (if the local government is located within
				GRTA's jurisdiction) in order to ensure that the impacts of the proposed
				project can be identified. The applicant has 90 days from the date of the
				pre-review meeting to submit all additional information or the DRI will be
				considered withdrawn by the Regional Commission.
(5)
Notice to Affected Parties and
				Comment Period.
Within 5 days of receiving all additional requested
				information, 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.
(6)
DRI Report.
Within 5 days of the conclusion of the 15-day comment
				period, unless an extension is granted, 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
				110-12-7-.02(11)(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.
(d)
Finding.
Based on its
				assessment of the project and any comments received from affected parties, the
				Regional Commission must issue one of the following public findings:
1.
Negative Finding.
If the
				Regional Commission determines that adverse impact and conflicts are likely to
				result from the proposed project, the Regional Commission may issue a finding
				that "the proposed local government action is not in the best interest of the
				Region and therefore not of the State" through any of the three processes
				identified at
				110-12-7-.04(4).
				This finding is advisory only, and indicates that adverse impacts or conflicts
				remain unresolved. For a negative finding, the Regional Commission must:
				provide a copy of this finding to the local government and the applicant prior
				to the 20th day after the Notice to Affected Parties. If the negative finding
				is not issued by resolution of a quorum of the Regional Commission's Council,
				the applicant may appeal the negative finding to the Regional Commission's
				Council at its next meeting. The appeal must be made in writing to the Regional
				Commission within 5 days of notification of the negative finding. General
				publication of the negative finding shall be postponed until after the
				opportunity to appeal has passed or the appeal has been decided by the Regional
				Commission's Council.
2.
Positive Finding.
If the Regional Commission determines that no adverse
				impacts or conflicts exist, the Regional Commission's Executive Director may
				issue a finding that "The proposed action is in the best interest of the Region
				and therefore of the State." This finding is advisory only, and indicates that
				there are no likely adverse impacts or conflicts or that these have been
				resolved. A positive finding must be made public no later than 20 days after
				the Notice to Affected Parties as identified in section
				110-12-7-.02(5).