Title 36 — Title 36
0 chapters · 603 sections in this title.
O.C.G.A. § 36-61-13 Bonds declared legal investments
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All banks, trust companies, bankers, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking or investment business; all insurance companies, insurance associations, and other per…
O.C.G.A. § 36-61-2 Definitions
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As used in this chapter, the term: (1) ‘‘Agency’’ or ‘‘urban redevelopment agency’’ means a public agency created by Code Section 36-61-18. (2) ‘‘Area of operation’’ means the area within the corporate limits of the municipality or county and the area within five miles of such li…
O.C.G.A. § 36-61-3 Legislative findings and declaration of necessity
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(a) It is found and declared that there exist in municipalities and counties of this state pockets of blight, as defined in paragraph (15) of Code Section 36-61-2, which constitute a serious and growing menace, injurious to the public health, safety, morals, and welfare of the re…
O.C.G.A. § 36-61-4 Encouragement of private enterprise
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(a) A municipality or county, to the greatest extent it determines to be feasible in carrying out the provisions of this chapter, shall afford maximum opportunity, consistent with the sound needs of the municipality or county as a whole, to the rehabilitation or redevelopment of …
O.C.G.A. § 36-61-5 Resolution of necessity prerequisite to exercise of powers
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No municipality or county shall exercise any of the powers conferred upon municipalities and counties by this chapter until after its local governing body has adopted a resolution finding that: (1) One or more pockets of blight exist in such municipality or county; and (2) The re…
O.C.G.A. § 36-61-6 Formulation of workable program
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For the purposes of this chapter, a municipality or county may formulate a workable program for utilizing appropriate private and public resources, including those specified in Code Section 36-61-11, to eliminate and prevent the development or spread of pockets of blight, to enco…
O.C.G.A. § 36-61-8 Powers of municipalities and counties generally
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Every municipality and every county shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the following powers in addition to others granted in this chapter: (1) To undertake and carry out urban redeve…
O.C.G.A. § 36-61-9 Power of eminent domain; conditions; title acquired
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(a) Except as otherwise provided in subsection (c) of this Code section, a municipality or county shall have the right to acquire, by exercise of the power of eminent domain, any real property which it may deem necessary for its purposes under this chapter, after the adoption by …
O.C.G.A. § 36-62-1 Short title
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This chapter may be referred to as the ‘‘Development Authorities Law.’’ History. — Ga. L. 1963, p. 531, § 1; Ga. L. 1969, p. 137, § 1.
O.C.G.A. § 36-62-12 Previously created authority not affected by chapter
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Any public corporation, industrial development authority, or payroll authority created prior to March 28, 1969, by legislative Act or constitutional amendment shall not be affected by this chapter but shall be entitled to continue in existence and exercise all powers heretofore o…
O.C.G.A. § 36-62-13 Disposition of property of certain authorities dissolved by operation of law
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The real and personal property of any development authority which was created for a county prior to July 1, 1983, by constitutional amendment and which was dissolved by operation of law pursuant to Article XI, Section I, Paragraph IV(c) of the Constitution shall by operation of l…
O.C.G.A. § 36-62-14 Perpetual existence of authority; dissolution
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(a) Except as otherwise provided in this Code section, an authority created pursuant to this chapter shall have perpetual existence. (b) If an authority does not have any outstanding unpaid bonds or bond anticipation notes, the authority may be dissolved as provided in this subse…
O.C.G.A. § 36-62-2 Definitions
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As used in this chapter, the term: (1) ‘‘Authority’’ means each public corporation created pursuant to this chapter. (2) ‘‘Cost of project’’ includes: (A) All costs of construction, purchase, or other form of acquisition; 921 36-62-2 (B) All costs of real or personal property req…
O.C.G.A. § 36-62-3 Short title
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Definitions. Constitutional authority for chapter; finding of public purposes; tax exemption. 36-62-4. Development authorities created; appointment and terms of directors; quorum; adoption and filing of resolution of need. 36-62-5. Directors; officers; compensation; adoption of b…
O.C.G.A. § 36-62-5.1 Joint authorities
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(a) By proper resolution of the local governing bodies, an authority may be created and activated by: (1) Any two or more municipal corporations; (2) Any two or more counties; (3) One or more municipal corporations and one or more counties; or (4) Any county in this state and any…
O.C.G.A. § 36-62-6 Powers of authority generally
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(a) Each authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including, but without limiting the generality of the foregoing, the power: (1) To bring and defend actions; (2) To adopt and amend a c…
O.C.G.A. § 36-62-9 Cottrell v
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Atlanta Dev. Auth., 297 Ga. 1, 770 S.E.2d 616 (2015). Cited in Day v. Development Auth., 248 Ga. 488, 284 S.E.2d 275 (1981).
O.C.G.A. § 36-62A-1 Ethics; conflicts of interest
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(a)(1) All directors and members of any downtown development authority created pursuant to Chapter 42 of this title, known as the ‘‘Downtown Development Authorities Law,’’ or of any authority created by or pursuant to a local constitutional amendment, whether for the purpose of p…
O.C.G.A. § 36-62A-20 Development authority defined
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As used in this article, the term ‘‘development authority’’ means any authority created by law or by constitutional amendment for one or more counties or municipalities, or any combination thereof, for the purpose of promoting the development of trade, commerce, industry, and emp…
O.C.G.A. § 36-62A-21 Required training on development and redevelopment programs
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Except for a director who is also a member of the governing body of a municipal corporation or county, each director or member of the governing board or body of a development authority shall attend and complete at least eight hours of training on development and redevelopment pro…
O.C.G.A. § 36-63-1 Short title
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This chapter may be referred to as the ‘‘Resource Recovery Development Authorities Law.’’ History. — Code 1933, § 69-1501a, enacted by Ga. L. 1978, p. 1898, § 1. 36-63-2. Purpose of chapter.
O.C.G.A. § 36-63-2 Purpose of chapter
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(a) The recovery and utilization of resources contained in sewage sludge and solid waste and the generation of electrical and other forms of energy from water resources promotes trade, commerce, industry, and employment opportunities by creating a new industry to recover and util…
O.C.G.A. § 36-63-4 Definitions
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As used in this chapter, the term: (1) ‘‘Authority’’ means each public corporation created pursuant to this chapter. (2) ‘‘Collection’’ means the aggregating of solid waste from its primary source and includes all activities up to such time as the waste is delivered to the place …
O.C.G.A. § 36-63-7 Short title
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Purpose of chapter. Constitutional authority for chapter; finding of public purposes; tax exemption. Definitions. Authorities created; adoption and filing of resolution or ordinance of need; joint authorities. Appointment and terms of members of board of directors; officers; comp…
O.C.G.A. § 36-63-8 Powers of authority generally
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(a) Each authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including, but without limiting the generality of the foregoing, the power: (1) To bring and defend actions; (2) To adopt and amend a c…
O.C.G.A. § 36-63-9 Powers of authority generally
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Obligations of authority; use of proceeds; status as revenue obligations; subsequent series of bonds or notes; bond anticipation notes; interest rates; issuance and validation. 36-63-10. Obligations of authority not indebtedness of state or political subdivisions. 36-63-11. Const…
O.C.G.A. § 36-64-10 Levy and collection of recreation tax
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The governing body of any municipality or county or school district adopting the provisions of this chapter at an election shall thereafter annually levy and collect a tax sufficient to provide for an adequate recreation program for the area specified, of not less than the minimu…
O.C.G.A. § 36-64-12 Establishment, maintenance, and conduct of recreation system not mandatory
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Notwithstanding any other provision of this chapter, it shall not be mandatory that a municipality or county establish, maintain, or conduct a recreation system. History. — Ga. L. 1963, p. 553, § 2.
O.C.G.A. § 36-64-13 Applicability of chapter generally
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This chapter shall apply to all counties and municipalities in this state. History. — Ga. L. 1923, p. 106, § 1; Code 1933, § 69-601; Ga. L. 1946, p. 152, § 1.
O.C.G.A. § 36-64-4 Joint recreation systems
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Any two or more counties, any two or more municipalities, any county and municipality, any county or municipality, or combination thereof may jointly provide, establish, maintain, and conduct a recreation system and jointly acquire property for and establish and maintain playgrou…
O.C.G.A. § 36-64-6 Acceptance of gifts for recreation purposes
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A park or recreation board or other authority in which is vested the power to provide, establish, maintain, and conduct a recreation program may accept any grant or devise of real estate or any gift or bequest of money or other personal property or any donation, the principal or …
O.C.G.A. § 36-64-7 Issuance of bonds
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The governing body of any municipality or county, pursuant to law, may provide that the bonds of the municipality or county may be issued, in the manner provided by law for the issuance of bonds for other purposes, for the purpose of acquiring lands or buildings for parks, playgr…
O.C.G.A. § 36-64-9 Establishment of system with tax money following favorable vote
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Upon the adoption of the proposition at an election conducted pursuant to Code Section 36-64-8, the governing body of the municipality or county, by resolution or ordinance, shall provide for the establishment, maintenance, and conduct of the supervised recreation system as they …
O.C.G.A. § 36-65-1 Statement of policy
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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. History. — Code 1981, § 36-19-1, enacted by Ga. L. 1984, p. 1337, § 1; Cod…
O.C.G.A. § 36-65-2 Immunity of local governments from antitrust liability
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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 Geor…
O.C.G.A. § 36-66-1 Short title
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This chapter shall be known and may be cited as ‘‘The Zoning Procedures Law.’’ History. — Code 1981, § 36-66-1, enacted by Ga. L. 1985, p. 1139, § 1.
O.C.G.A. § 36-66-2 Legislative purpose; local government zoning powers
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(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 of that power. The purpose o…
O.C.G.A. § 36-66-3 Definitions
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As used in this chapter, the term: (1) ‘‘Local government’’ means any county or municipality which exercises zoning power within its territorial boundaries. (2) ‘‘Territorial boundaries’’ means, in the case of counties, the unincorporated areas thereof and any area defined in par…
O.C.G.A. § 36-66A-1 Definitions
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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…
O.C.G.A. § 36-66B-1 Short title
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This chapter shall be known and may be cited as the ‘‘Mobile Broadband Infrastructure Leads to Development (BILD) Act.’’ History. — Code 1981, § 36-66B-1, enacted by Ga. L. 2010, p. 328, § 1/SB 432; Ga. L. 2014, p. 413, § 1/HB 176. 36-66B-2. Legislative findings and intent.
O.C.G.A. § 36-66B-2 Legislative findings and intent
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(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 a…
O.C.G.A. § 36-66B-3 Definitions
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As used in this chapter, the term: (1) ‘‘Accessory equipment’’ means any equipment serving or being used in conjunction with a wireless facility or wireless support structure and includes, but is not limited to, utility or transmission equipment, power supplies, generators, batte…
O.C.G.A. § 36-66B-4 Streamlined processing
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(a) Applications for collocation or modification of a wireless facility entitled to streamlined processing under this Code section shall be reviewed for conformance with applicable site plan and building permit requirements, including zoning and land use conformity, but shall not…
O.C.G.A. § 36-66B-6 Limitations on local regulations
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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 colloca…
O.C.G.A. § 36-66B-7 Limitations on local fees charged
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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-…
O.C.G.A. § 36-66C-1 Short title
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This chapter shall be known and may be cited as the ‘‘Streamlining Wireless Facilities and Antennas Act.’’ History. — Code 1981, § 36-66C-1, enacted by Ga. L. 2019, p. 236, § 1/SB 66. Editor’s notes. — For information as to the effective date of this Code section, see the effecti…
O.C.G.A. § 36-66C-2 Definitions
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As used in this chapter, the term: (1) ‘‘Administrative review’’ means review by an authority, including authority staff, of an application to determine whether the issuance of a permit is in conformity with the applicable provisions of this chapter. (2) ‘‘Antenna’’ means: (A) Co…
O.C.G.A. § 36-66C-7 Short title
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Definitions. Informing authority on deployment of small wireless facilities and poles; confidentiality and proprietary nature of information. (Effective October 1, 2019) Collocation of small wireless facilities and installation, modification, or replacement of associated poles or…
O.C.G.A. § 36-67A-1 Definitions
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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, lim…
O.C.G.A. § 36-67A-2 Disclosure of financial interests
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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 entit…