Title 36

Nothing in this chapter relieves any person of any duties set forth in Chapter 9 of Title 25. History. — Code 1981, § 36-66C-21, enacted by Ga. L. 2019, p. 236, § 1/SB 66.

(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…

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 …

(a) As a condition to the issuance of a permit to collocate a small wireless facility or to install, modify, or replace a pole or a decorative pole for collocation of a small wireless facility in a right of way, the applicant shall pay the following fees and rates: (1) A fee for …

(a) A wireless provider may collocate small wireless facilities on authority poles and decorative poles in the right of way, subject to administrative review only and the issuance of a permit as set forth in this Code section. Subject to administrative review only and the issuanc…

(a) The requirements of this Code section govern an authority’s review of applications for uses that are subject to administrative review as described in subsection (a) of Code Section 36-66C-6. (b) Within 20 days of receipt of a written application, the authority shall: (1) Noti…

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 forego…

(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 no…

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…

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…

(a) When any applicant for rezoning action has made, within two years immediately preceding the filing of that applicant’s application for the rezoning action, campaign contributions aggregating $250.00 or more to a local government official who will consider the application, it …

Any person knowingly failing to comply with the requirements of this chapter or violating the provisions of this chapter shall be guilty of a misdemeanor. History. — Code 1981, § 36-67A-4, enacted by Ga. L. 1986, p. 1269, § 1; Ga. L. 1987, p. 3, § 36; Ga. L. 1991, p. 1365, § 1.

(a) Where one or more disqualifications required by this chapter result in the inability of the governing authority of the county or municipality to attain a quorum for the purpose of making a final decision when considering a rezoning action, the governing authority immediately …

Nothing in this chapter shall be construed to prohibit a local government official from voting on a zoning decision when the local government is adopting a zoning ordinance for the first time or when a local government is voting upon a revision of the zoning ordinance initiated b…

This chapter is enacted pursuant to the authority of Article IX, Section III, Paragraph II, subparagraph (b) of the Constitution. It is the purpose of this chapter to grant authority to the General Assembly to provide by local law for a form of governmental reorganization whereby…

(a) Subject to the requirements of Code Section 36-68-3, when the charter of a municipality is repealed by local law as a part of achieving a governmental reorganization described in Code Section 36-68-1, the General Assembly may also provide by local law for any of the following…

(a) Local laws enacted pursuant to the authority of this chapter shall be subject to the following requirements: (1) A local law enacted pursuant to the authority of Code Section 36-68-2 shall provide for the creation of a special tax district consisting of the territory lying wi…

(a) If as of July 1, 2007, or at any time thereafter there exists in this state a county in which no part of any municipal corporation is located, then the governing authority of that county may elect that the county shall thenceforth be deemed to be and constituted as a consolid…

This chapter shall be known and may be cited as the ‘‘Georgia Mutual Aid Act.’’ History. — Code 1981, § 36-69-1, enacted by Ga. L. 1988, p. 887, § 1.

The provisions of this chapter shall not apply to any emergency in which the chief executive of a political subdivision assigns or makes available for duty the employees, property, or equipment of the subdivision relating to fire fighting, engineering, rescue, health, medical and…

As used in this chapter, the term ‘‘local emergency’’ means the existence of conditions of extreme peril to the safety of persons and property within the territorial limits of a political subdivision of the state or on a campus of an institution within the University System of Ge…

(a)(1) Upon the request of a local law enforcement agency for assistance in a local emergency, in the prevention or detection of violations of any law, in the apprehension or arrest of any person who violates a criminal law of this state, or in any criminal case, the chief of pol…

Any county or municipality in this state shall be authorized to enter into contracts and mutual aid agreements with counties or municipalities of any other state or with any agency of the United States for the provision of law enforcement services in a local emergency to the exte…

Whenever the employees of any political subdivision or institution within the University System of Georgia or the Technical College System of Georgia are rendering aid outside their political subdivision or campus, respectively, and pursuant to the authority contained in this cha…

Unless otherwise provided by contract, the political subdivision or institution within the University System of Georgia or the Technical College System of Georgia which furnishes any equipment pursuant to this chapter shall bear the loss or damage to such equipment and shall pay …

All of the privileges and immunities from liability; exemption from laws, ordinances, and rules; and all pension, insurance, relief, disability, workers’ compensation, salary, death, and other benefits which apply to the activity of such officers, agents, or employees of any such…

Neither a public safety agency which requests assistance pursuant to Code Section 36-69-3 nor the political subdivision or institution of the University System of Georgia or the Technical College System of Georgia in which the public safety agency is located shall be liable for a…

(a) The provisions of this chapter shall not be construed as creating a duty on the part of any public safety agency of a local political subdivision or institution within the University System of Georgia or the Technical College System of Georgia to respond to a request from any…

(a) The authority of this chapter shall be cumulative to and in addition to mutual aid resource pacts authorized under Chapter 6 of Title 25 or contracts between political subdivisions for the provision of services authorized under Section II of Article IX of the Constitution. (b…

This chapter shall be known and may be cited as the ‘‘Interlocal Cooperation Act.’’ History. — Code 1981, § 36-69A-1, enacted by Ga. L. 2005, p. 686, § 1/HB 570.

It is the purpose of this chapter to permit counties and municipalities in this state the most efficient use of their powers by enabling them to cooperate with localities in other states on a basis of mutual advantage and provide services and facilities in a manner and pursuant t…

As used in this chapter, the term: (1) ‘‘Public agency’’ means: (A) Any political subdivision of this state other than a county school district or independent school district; (B) Any volunteer fire department; (C) Any volunteer rescue squad; (D) Any agency of the state governmen…

(a) Any power or powers, privileges, or authority exercised or capable of exercise by a public agency of this state may be exercised and enjoyed jointly with any other public agency of any other state or of the United States to the extent that laws of such other state or of the U…

An agreement entered into pursuant to this chapter between or among one or more counties or municipalities of this state and one or more public agencies of another state or of the United States shall not constitute a waiver of sovereign immunity. All of the privileges and immunit…

In the event that an agreement made pursuant to this chapter shall deal in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a …

Any county or municipality entering into an agreement pursuant to this chapter may appropriate funds and may sell, lease, give, or otherwise supply the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undertaking by pr…

Any one or more counties or municipalities in this state may contract with any one or more public agencies of another state to perform any governmental service, activity, or undertaking which each public agency entering into the contract is authorized by law to perform; provided,…

The authority of this chapter shall be cumulative to and in addition to any rights, powers, or authority otherwise authorized under the Constitution or general laws of this state. History. — Code 1981, § 36-69A-9, enacted by Ga. L. 2005, p. 686, § 1/HB 570. CHAPTER 70 COORDINATED…

The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. In addition, the natural resources, environment, and vital areas …

As used in this chapter, the term: (1) ‘‘Comprehensive plan’’ means any plan by a county or municipality covering such county or municipality proposed or prepared pursuant to the minimum standards and procedures for preparation of comprehensive plans and for implementation of com…

The governing bodies of municipalities and counties are authorized: (1) To develop, or to cause to be developed pursuant to a contract or other arrangement approved by the governing body, a comprehensive plan; (2) To develop, establish, and implement land use regulations which ar…

(a) Each municipality and county shall automatically be a member of the regional commission for the region which includes such municipality or county, as the case may be. (b) Each municipality and county shall pay, when and as they become due, the annual dues required for members…

(a) Except as provided in subsection (b) of this Code section, nothing in this article shall limit or compromise the right of the governing body of any county or municipality to exercise the power of zoning. (b) Any municipality which is as of April 17, 1992, an inactive municipa…

(a) As used in this Code section, the terms ‘‘broadband services’’ and ‘‘broadband services provider’’ shall have the same meanings as provided in Code Section 50-40-1. (b) The governing bodies of municipalities and counties shall provide in any comprehensive plan for the promoti…

The intent of this article is to provide a flexible framework within which local governments in each county can develop a service delivery system that is both efficient and responsive to citizens in their county. The General Assembly recognizes that the unique characteristics of …

Each county and municipality shall execute an agreement for the implementation of a local government service delivery strategy as set forth in this article by July 1, 1999. History. — Code 1981, § 36-70-21, enacted by Ga. L. 1997, p. 1567, § 1.