25 LC 47 3595S
The Senate Committee on State and Local Governmental Operations - General offered the
following substitute to HB 155:
A BILL TO BE ENTITLED
AN ACT
To amend Article 7 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated,1
relating to procedure for resolving annexation disputes, so as to revise procedures for the2
selection and objection to arbitrators; to revise how arbitration panels report their findings3
and recommendations; to revise provisions relating to compensation of arbitrators; to amend4
Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to5
appellate practice, and Chapter 66 of Title 36 of the Official Code of Georgia Annotated,6
relating to zoning procedures as pertaining to counties and municipal corporations, so as to7
provide for the appeal of superior court decisions on zoning decisions of counties and8
municipal corporations; to repeal provisions authorizing administrative officers to exercise9
zoning powers; to repeal provisions authorizing quasi-judicial boards and agencies to hear10
and render decisions on applications for special administrative permits and conditional11
permits; to revise definitions; to provide for related matters; to provide for effective dates and12
applicability; to repeal conflicting laws; and for other purposes.13
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14
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PART I15
SECTION 1-1.16
Article 7 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to17
procedure for resolving annexation disputes, is amended by revising Code Section18
36-36-114, relating to arbitration panel, composition and membership, assistance in19
formulating record, and regulation, as follows:20
"36-36-114.21
(a) Not later than the fifteenth calendar twentieth business day following the date that the22
department received the first receives an objection of a proposed annexation as provided23
for in Code Section 36-36-113, an arbitration a panel of five arbitrators shall be appointed24
by the department using the selection process detailed as provided in subsection (c) of this25
Code section.26
(b)(1) The arbitration panel shall be composed of five members to be selected as27
provided in this subsection. The department shall develop and maintain three pools of28
potential arbitrators, comprised as follows:29
(A) One one pool which consists of persons who are currently or within the previous30
six years have been municipal elected officials, managers, or administrators;31
(B) One one pool which consists of persons who are currently or within the previous32
six years have been county elected officials, managers, or administrators; and33
(C) One one pool which consists of persons with a master's degree or higher in public34
administration or planning and who are currently employed by an institution of higher35
learning in this state, other than the Carl Vinson Institute of Government of the36
University of Georgia.37
(2) Each The pool shall be sufficiently large to ensure as nearly as practicable that no38
person shall be required to serve on more than four panels in any one calendar year and39
serve on no more than one panel in any given county in any one calendar year.40
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(3) The department is authorized to coordinate with the Georgia Municipal Association,41
the Association County Commissioners of Georgia, the Council of Local Governments,42
and similar organizations in developing and maintaining such pools.43
(c)(1) Within 15 business days of the date that the department first receives an objection44
of a proposed annexation as provided for in Code Section 36-36-113, Upon receiving45
notice of a disputed annexation, the department shall choose at random four names46
submit to the county and municipal corporations a list of 11 potential arbitrators47
consisting of four potential arbitrators randomly selected by the department from the pool48
of municipal officials, four names potential arbitrators randomly selected by the49
department from the pool of county officials, and three names potential arbitrators50
randomly selected by the department from the pool of academics; provided, however, that51
the department shall ensure that none of such selections shall include a person who:52
(A) Is is a resident of the county which has interposed the objection or any municipal53
corporation located wholly or partially in such county,;54
(B) Actively seeks employment in the county which has interposed the objection or55
any municipal corporation located wholly or partially in such county;56
(C) Is or has been employed within the preceding six years by the county which has57
interposed the objection or any municipal corporation located wholly or partially in58
such county; or59
(D) Has and further provided that none of such selections shall include a person who60
has already served on four other arbitration panels in the then-current calendar year.61
(2) Until noon on the twentieth business day following the date that the department62
receives the notice of disputed annexation:63
(A) The municipal corporation shall be permitted to strike or excuse up to two of the64
names chosen four arbitrators that were randomly selected by the department from the65
county officials pool by submitting written notice of any such strikes to the department;66
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(B) The the county shall be permitted to strike or excuse up to two of the names chosen67
four arbitrators that were randomly selected by the department from the municipal68
officials pool by submitting written notice of any such strikes to the department; and69
(C) The the county and municipal corporation corporations shall each be permitted to70
strike or excuse one of the names chosen three arbitrators that were randomly selected71
by the department from the academic pool by submitting written notice of any such72
strikes to the department.73
(3) At the close of the period for permitted strikes as allowed in paragraph (2) of this74
subsection, the department shall finalize the arbitration panel for the given annexation75
dispute by appointing:76
(A) Two arbitrators from the county officials subset identified in subparagraph (A) of77
paragraph (2) of this subsection who were not stricken;78
(B) Two arbitrators from the municipal officials subset identified in subparagraph (B)79
of paragraph (2) of this subsection who were not stricken; and80
(C) One arbitrator from the academic subset identified in subparagraph (C) of81
paragraph (2) of this subsection who was not stricken.82
(4) In the event that more than the required number of arbitrators remains within any83
given subset, the department shall randomly appoint the number of arbitrators needed for84
such subset from among those arbitrators remaining within such subset.85
(5) In the event that an arbitrator refuses or becomes unable to serve on a given panel to86
which he or she has been appointed pursuant to paragraph (3) of this subsection, the87
department shall randomly appoint a new arbitrator to such panel by randomly selecting88
an eligible arbitrator from the specific pool of arbitrators from which the original89
arbitrator was randomly selected under paragraph (1) of this subsection; provided,90
however, that such new arbitrator shall not have been previously stricken by the county91
or municipality.92
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(d) Prior to being eligible to serve on any of the three pools, persons interested in serving93
on such panels shall receive joint training in alternative dispute resolution together with94
zoning and land use training, which may be designed and overseen by the Carl Vinson95
Institute of Government of the University of Georgia in conjunction with the Association96
County Commissioners of Georgia and the Georgia Municipal Association, provided such97
training is available. Provided that the General Assembly appropriates sufficient funds in98
an applicable fiscal year, the Carl Vinson Institute of Government of the University of99
Georgia shall provide at least one training program per year to train new potential panel100
members.101
(e) At the time any person is selected to serve on a panel for any particular annexation102
dispute, he or she shall sign the following oath: 'I do solemnly swear or affirm that I will103
faithfully perform my duties as an arbitrator in a fair and impartial manner without favor104
or affection to any party, and that I have not and will not have any ex parte communication105
regarding the facts and circumstances of the matters to be determined, other than106
communications with my fellow arbitrators, and will only consider, in making my107
determination, those matters which may lawfully come before me.'108
(f) The department shall develop and maintain a list of court reporters and hearing officers109
that may be employed by the department at the request of an arbitration panel to assist the110
panel in formulating the record before the panel. An arbitration panel may by majority111
vote of its members elect to employ court reporters and hearing officers from such list. 112
Any costs or charges related to the employment of court reporters and hearing officers113
pursuant to this subsection shall be evenly divided between the city and the county.114
(g) The department shall promulgate rules and regulations to provide for uniform115
procedures and operations of arbitration panels established pursuant to this article.116
Notwithstanding any provision of Chapter 13 of Title 50, the 'Georgia Administrative117
Procedure Act,' to the contrary, such proposed rules and regulations shall be submitted to118
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the chairperson of the House Governmental Affairs Committee and the Senate Committee119
on State and Local Government Operations."120
SECTION 1-2.121
Said article is further amended by revising Code Section 36-36-115, relating to meetings of122
arbitration panel, duties, findings and recommendations, and compensation, as follows:123
"36-36-115.124
(a)(1)(A) The arbitration panel appointed pursuant to Code Section 36-36-114 shall125
meet as soon after appointment as practicable and shall receive evidence and argument126
from the municipal corporation, the county, and the applicant or property owner and127
shall by majority vote render a decision which shall be binding on all parties to the128
dispute as provided for in this article not later than 60 days following such appointment,129
provided that the chairperson of the arbitration panel shall be authorized to extend such130
deadline one time for a period of up to ten business days.; provided, however, that131
Notwithstanding anything in this subparagraph to the contrary, the municipal132
corporation and county may by mutual agreement, postpone the arbitration procession133
for a period of up to 180 days to negotiate a potential settlement, and such134
postponement shall stay the 60 day deadline provided herein.135
(B) Meetings of the panel may occur in person, virtually, or via teleconference. The136
meetings of the panel in which evidence is submitted or arguments of the parties are137
made, whether such meeting is in person, virtual, or via teleconference, shall be open138
to the public pursuant to Chapter 14 of Title 50.139
(C) The panel shall first determine the validity of the grounds for objection as specified140
in the objection. If an objection involves the financial impact on the county as a result141
of a change in zoning or land use or the provision of maintenance of infrastructure, the142
panel shall quantify such impact in terms of cost. As to any objection which the panel143
has determined to be valid, the panel, in its findings, may establish reasonable zoning,144
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land use, or density conditions applicable to the annexation and propose any reasonable145
mitigating measures as to an objection pertaining to infrastructure demands.146
(2) In arriving at its determination, the panel shall consider:147
(A) The existing comprehensive land use plans of both the county and city;148
(B) The existing land use patterns in the area of the subject property;149
(C) The existing zoning patterns in the area of the subject property;150
(D) Each jurisdiction's provision of infrastructure to the area of the subject property151
and to the areas in the vicinity of the subject property;152
(E) Whether the county has approved similar changes in intensity or allowable uses on153
similar developments in other unincorporated areas of the county;154
(F) Whether the county has approved similar developments in other unincorporated155
areas of the county which have a similar impact on infrastructure as complained of by156
the county in its objection; and157
(G) Whether the infrastructure or capital outlay project which is claimed adversely158
impacted by the county in its objection was funded by a county-wide tax.159
(3) The county shall provide supporting evidence that its objection is consistent with its160
land use plan and the pattern of existing land uses and zonings in the area of the subject161
property, which may include, but not be limited to, adopted planning documents and162
capital or infrastructure plans.163
(4) The cost of the arbitration shall be equally divided between the city and the county;164
provided, however, that if the panel determines that any party has advanced a position165
that is not valid, the costs shall be borne by the party or parties that have advanced such166
position.167
(5) The reasonable costs of participation in the arbitration process of the property owner168
or owners whose property is at issue shall be borne by the county and the city in the same169
proportion as costs are apportioned under paragraph (4) of this subsection.170
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(6) The panel shall deliver its written findings and recommendations to the parties and171
the department by verifiable delivery. The written findings and recommendations shall172
include a signed statement for each panel member as to whether or not he or she voted173
in support of or against such findings and recommendations. The department shall174
maintain a data base and record of arbitration panel results and at least annually publish175
a report on such decisions and make such report freely available on the department's176
website.177
(b) If the decision of the panel contains zoning, land use, or density conditions, the178
findings and recommendations of the panel shall be recorded in the deed records of the179
county with a caption describing the name of the current owner of the property, recording180
reference of the current owner's acquisition deed and a general description of the property,181
and plainly showing the expiration date of any restrictions or conditions.182
(c) The arbitration panel shall be dissolved on the tenth day after it renders its findings and183
recommendations but may be reconvened as provided in Code Section 36-36-116.184
(d) Notwithstanding the provisions of subsection (b) of Code Section 45-7-21, the185
members of the arbitration panel shall receive the same per diem, expenses, and allowances186
for their service on the panel as authorized by law for members of the General Assembly187
plus $100.00 in total for all days of service for serving on an arbitration panel.188
(e) If the panel so agrees, any one or more additional annexation disputes which may arise189
between the parties prior to the panel's initial meeting may be consolidated for the purpose190
of judicial economy if there are similar issues of location or similar objections raised to191
such other annexations or the property to be annexed in such other annexations is192
within 2,500 feet of the subject property."193
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PART II194
SECTION 2-1.195
Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to196
appellate practice, is amended by revising subsection (a) of Code Section 5-6-34, relating to197
judgments and rulings deemed directly appealable, procedure for review of judgments,198
orders, or decisions not subject to direct appeal, scope of review, hearings in criminal cases199
involving a capital offense for which death penalty is sought, and appeals involving200
nonmonetary judgments in child custody cases, as follows:201
"(a) Appeals may be taken to the Supreme Court and the Court of Appeals from the202
following judgments and rulings of the superior courts, the Georgia State-wide Business203
Court, the constitutional city courts, and such other courts or tribunals from which appeals204
are authorized by the Constitution and laws of this state:205
(1) All final judgments, that is to say, where the case is no longer pending in the court206
below, except as provided in Code Section 5-6-35;207
(2) All judgments involving applications for discharge in bail trover and contempt cases;208
(3) All judgments or orders directing that an accounting be had;209
(4) All judgments or orders granting or refusing applications for receivers or for210
interlocutory or final injunctions;211
(5) All judgments or orders granting or refusing applications for attachment against212
fraudulent debtors;213
(6) Any ruling on a motion which would be dispositive if granted with respect to a214
defense that the action is barred by Code Section 16-11-173;215
(7) All judgments or orders granting or refusing to grant mandamus or any other216
extraordinary remedy, except with respect to temporary restraining orders;217
(8) All judgments or orders refusing applications for dissolution of corporations created218
by the superior courts;219
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(9) All judgments or orders sustaining motions to dismiss a caveat to the probate of a220
will;221
(10) All judgments or orders entered pursuant to subsection (c) of Code222
Section 17-10-6.2;223
(11) All judgments or orders in child custody cases awarding, refusing to change, or224
modifying child custody or holding or declining to hold persons in contempt of such child225
custody judgment or orders;226
(12) All judgments or orders entered pursuant to Code Section 35-3-37; and227
(13) All judgments or orders entered pursuant to Code Section 9-11-11.1; and228
(14) All final judgments or orders reviewing a zoning decision, as such term is defined229
in paragraph (4) of Code Section 36-66-3."230
SECTION 2-2.231
Said article is further amended by revising subsection (a) of Code Section 5-6-35, relating232
to cases requiring application for appeal, requirements for application, exhibits, response,233
issuance of appellate court order regarding appeal, procedure, supersedeas, jurisdiction of234
appeal, and appeals involving nonmonetary judgments in custody cases, as follows:235
"(a) Appeals in the following cases shall be taken as provided in this Code section:236
(1) Appeals from decisions of the superior courts reviewing decisions of the State Board237
of Workers' Compensation, the State Board of Education, auditors, state and local238
administrative agencies, and lower courts, and quasi-judicial decisions of boards or239
agencies of local governments, including those defined in paragraphs (1.1) and (1.2) of240
Code Section 36-66-3 by petition for review; provided, however, that this provision shall241
not apply to decisions of the Public Service Commission and probate courts and to cases242
involving ad valorem taxes and condemnations;243
(2) Appeals from judgments or orders in divorce, alimony, and other domestic relations244
cases including, but not limited to, granting or refusing a divorce or temporary or245
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permanent alimony or holding or declining to hold persons in contempt of such alimony246
judgment or orders;247
(3) Appeals from cases involving distress or dispossessory warrants in which the only248
issue to be resolved is the amount of rent due and such amount is $2,500.00 or less;249
(4) Appeals from cases involving garnishment or attachment, except as provided in250
paragraph (5) of subsection (a) of Code Section 5-6-34;251
(5) Appeals from orders revoking probation;252
(5.1) Appeals from decisions of superior courts reviewing decisions of the Sexual253
Offender Risk Review Board;254
(5.2) Appeals from decisions of superior courts granting or denying petitions for release255
pursuant to Code Section 42-1-19;256
(6) Appeals in all actions for damages in which the judgment is $10,000.00 or less;257
(7) Appeals, when separate from an original appeal, from the denial of an extraordinary258
motion for new trial;259
(8) Appeals from orders under subsection (d) of Code Section 9-11-60 denying a motion260
to set aside a judgment or under subsection (e) of Code Section 9-11-60 denying relief261
upon a complaint in equity to set aside a judgment;262
(9) Appeals from orders granting or denying temporary restraining orders;263
(10) Appeals from awards of attorney's fees or expenses of litigation under Code264
Section 9-15-14;265
(11) Appeals from decisions of the state courts reviewing decisions of the magistrate266
courts by de novo proceedings so long as the subject matter is not otherwise subject to267
a right of direct appeal;268
(12) Appeals from orders terminating parental rights; and269
(13) Appeals from orders under subsection (a) of Code Section 44-14-610 granting or270
denying an objection to the filing of a lis pendens or granting or denying a motion271
canceling a lis pendens."272
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SECTION 2-3.273
Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning274
procedures as pertaining to counties and municipal corporations, is amended by revising275
paragraph (1) of subsection (b) of Code Section 36-66-2, relating to legislative purpose and276
local government zoning powers, and by adding a new paragraph to read as follows:277
"(1) Provide by ordinance or resolution for such administrative officers, boards, or278
agencies as may be expedient for the efficient exercise of delegated, quasi-judicial zoning279
powers and to establish procedures and notice requirements for hearings before such280
quasi-judicial officers, boards, or agencies that are consistent with the minimum281
procedures provided for in this chapter to assure due process is afforded the general282
public; and"283
SECTION 2-4.284
Said chapter is further amended by revising paragraphs (1.1) and (4) of Code285
Section 36-66-3, relating to definitions, and by adding a new paragraph to read as follows:286
"(1.1) 'Quasi-judicial officers, boards, or agencies' means an officer, board, or agency287
appointed by a local government to exercise delegated, quasi-judicial zoning powers288
including hearing appeals of administrative decisions by such officers, boards, or289
agencies and hearing and rendering decisions on applications for variances, special290
administrative permits, special exceptions, conditional use permits, or other similar291
permits not enumerated herein as a zoning decision, pursuant to standards for the exercise292
of such quasi-judicial authority adopted by a local government any board or agency293
designated by ordinance to make quasi-judicial decisions.294
(1.2) 'Quasi-judicial decision' means a final quasi-judicial action that is the exercise of295
quasi-judicial land use powers, including hearing appeals of administrative decisions and296
hearing and rendering decisions on applications for variances, administrative permits, or297
other similar permits not enumerated herein as a zoning decision, pursuant to standards298
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for the exercise of such quasi-judicial authority adopted by a local government. Such299
term does not include permits issued or decisions made by administrative staff pursuant300
to the authority designated by ordinance which contains an express right to appeal to a301
local government board or authority which is subject to these provisions applicable to302
quasi-judicial decisions."303
"(4) 'Zoning decision' means final legislative action by a local government which results304
in:305
(A) The adoption or repeal of a zoning ordinance;306
(B) The adoption of an amendment to a zoning ordinance which changes the text of the307
zoning ordinance;308
(C) The adoption or denial of an amendment to a zoning ordinance to rezone property309
from one zoning classification to another;310
(D) The adoption or denial of an amendment to a zoning ordinance by a municipal311
local government to zone property to be annexed into the municipality;312
(E) The grant or denial of a permit relating to an application for a special use of313
property; or314
(F) The grant or denial of an application for a variance or the imposition or315
modification of conditions concurrent and in conjunction with a decision pursuant to316
subparagraph (C) or (E) of this paragraph, or a subsequent modification to such a317
variance or condition."318
SECTION 2-5.319
Said chapter is further amended by revising subsections (b), (c), (g), and (h) of Code320
Section 36-66-4, relating to adoption of hearing policies and procedures and standards for321
exercise of zoning power, as follows:322
"(b) If a zoning decision of a local government is for the rezoning of property and the323
rezoning is initiated by a party other than the local government, then:324
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(1) The notice, in addition to the requirements of subsection (a) of this Code section,325
shall include the location of the property, the present zoning classification of the property,326
and the proposed zoning classification of the property; and327
(2) A sign containing information required by local ordinance or resolution shall be328
placed in a conspicuous location on the property not less than 15 days nor more than 45329
days prior to the date of the hearing.330
(c) If the zoning decision of a local government is for the rezoning of property and the331
amendment to the zoning ordinance to accomplish the rezoning is defeated denied by the332
local government, then the same property may not again be considered for rezoning until333
the expiration of at least six months immediately following the defeat denial of the334
rezoning by the local government or the conclusion of related judicial proceedings."335
"(g) A local government delegating decision-making power to a quasi-judicial officer,336
board, or agency shall provide for a hearing on each proposed action described in337
paragraph (1.1) (1.2) of Code Section 36-66-3. Notice of such hearing shall be provided338
at least 30 15 but not more than 45 days prior to the quasi-judicial hearing, with such notice339
being made as provided for in subsection (a) of this Code section and with additional notice340
being mailed to the owner of the property that is the subject of the proposed action.341
(h)(1) Notwithstanding any other provisions of this chapter to the contrary, when a342
proposed zoning decision relates to an amendment of the zoning ordinance to revise one343
or more zoning classifications or definitions relating to single-family residential uses of344
property so as to authorize multifamily uses of property pursuant to such classification345
or definitions, or to grant blanket permission, under certain or all circumstances, for346
property owners to deviate from the existing zoning requirements of a single-family347
residential zoning, such zoning decision shall be adopted in the following manner:348
(A) The zoning decision shall be adopted at two regular meetings of the local349
government making the zoning decision, during a period of not less than 21 at least 15350
but not more than 45 days apart; and351
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(B) Prior to the first meeting provided for in subparagraph (A) of this paragraph, at352
least two public hearings shall be held on the proposed action. Such public hearings353
shall be held at least three months and not more than nine months prior to the date of354
final action on the zoning decision. Furthermore, at least one of the public hearings355
shall be held between the hours of 5:00 P.M. and 8:00 P.M. The hearings required by356
this paragraph shall be in addition to any hearing required under subsection (a) of this357
Code section. The local government shall give notice of such hearing by:358
(i) Posting notice on each affected premises in the manner prescribed by359
subsection (b) of this Code section; provided, however, that when more than 500360
parcels are affected, in which case posting notice is required every 500 feet in the361
affected area; and362
(ii) Publishing in a newspaper of general circulation within the territorial boundaries363
of the local government a notice of each hearing at least 15 days and not more than 45364
days prior to the date of the hearing.365
Both the posted notice and the published notice shall include a prominent statement that366
the proposed zoning decision relates to or will authorize multifamily uses or give blanket367
permission to the property owner to deviate from the zoning requirements of a368
single-family residential zoning of property in classification previously relating to369
single-family residential uses. The published notice shall be at least nine column inches370
in size and shall not be located in the classified advertising section of the newspaper. The371
notice shall state that a copy of the proposed amendment is on file in the office of the372
clerk or the recording officer of the local government and in the office of the clerk of the373
superior court of the county of the legal situs of the local government for the purpose of374
examination and inspection by the public. The local government shall furnish anyone,375
upon written request, a copy of the proposed amendment, at no cost.376
(2) The provisions of paragraph (1) of this subsection shall also apply to any zoning377
decisions that provide for the abolition of all single-family residential zoning378
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classifications within the territorial boundaries of a local government or zoning decisions379
that result in the rezoning of all property zoned for single-family residential uses within380
the territorial boundaries of a local government to multifamily residential uses of381
property.382
(3) This subsection shall not apply to zoning decisions for the rezoning of property from383
a single-family residential use of property to a multifamily residential use of property384
when the rezoning is initiated by the owner or authorized agent of the owner of such385
property or when the local government adopts a zoning ordinance or zoning map386
applicable to the entire land area under the governance of the local government, as387
opposed to a subset of parcels of land under the governance of the local government."388
SECTION 2-6.389
Said chapter is further amended by revising subsections (b.1) and (c) of Code390
Section 36-66-5, relating to adoption of hearing policies and procedures and standards for391
exercise of zoning power, as follows:392
"(b.1) In addition to policies and procedures required by subsection (a) of this Code393
section, each local government providing for a quasi-judicial officer's, board's, board's or394
agency's grant, denial, or review of a quasi-judicial matter may shall adopt specific395
standards and criteria governing the exercise of such quasi-judicial decision-making396
authority, and such standards shall include the factors by which the local government397
directs the evaluation of a quasi-judicial matter. Such standards shall be printed and copies398
thereof made available for distribution to the general public.399
(c) The policies and procedures required by subsection (a) of this Code section and the400
adoption of standards required by subsection subsections (b) and permitted by subsection401
(b.1) of this Code section shall be included in and adopted as part of the zoning ordinance. 402
Prior to the adoption of any zoning ordinance enacted on or after July 1, 2022, a local403
government shall conduct a public hearing on a proposed action which may be advertised404
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and held concurrent with the hearing required by subsection (a) of Code Section 36-66-4405
for the adoption of a zoning ordinance. The provisions of subsection (a) of Code Section406
36-66-4 relating to notices of public hearings for the purposes of that subsection shall also407
apply to public hearings required by this subsection."408
SECTION 2-7.409
Said chapter is further amended by revising paragraph (2) of subsection (a) of Code410
Section 36-66-5.1, relating to judicial review and procedures, as follows:411
"(2) Quasi-judicial decisions as described in this chapter and zoning decisions under412
subparagraph (E) of paragraph (4) of Code Section 36-66-3 shall be subject to appellate413
review by the superior court pursuant to its appellate jurisdiction from a lower judicatory414
body and shall be brought by way of a petition for such review as provided for in Title 5.415
Such matters shall be reviewed on the record which shall be brought to the superior court416
as provided in Title 5."417
PART III418
SECTION 3-1.419
(a) Part I of this Act shall become effective on January 1, 2026.420
(b) Part II of this Act shall become effective on July 1, 2025, and shall apply to all zoning421
and quasi-judicial decisions occurring on and after such date; provided, however, that no422
zoning or quasi-judicial decision occurring prior to December 31, 2026, shall be rendered423
invalid or void if a local government fails to implement the provisions set out in Code424
Section 36-66-5.1.425
(c) Part III of this Act shall become effective on July 1, 2025.426
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SECTION 3-2.427
All laws and parts of laws in conflict with this Act are repealed.428
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