Georgia 2025-2026 Regular Session

Georgia House Bill HB155 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25 HB 155/AP
2		-	House Bill 155 (AS PASSED HOUSE AND SENATE)
3		-	By: Representatives Anderson of the 10
4		-	th
5		-	, LaHood of the 175
6		-	th
7		-	, Cannon of the 172
8		-	nd
9		-	, Thomas
10		-	of the 21
11		-	st
12		-	, Cox of the 28
13		-	th
14		-	, and others
	1	+	25 HB 155/SCSFA
	2	+	SENATE SUBSTITUTE TO HB 155
	3	+	ADOPTED SENATE
15	4		A BILL TO BE ENTITLED
16	5		AN ACT
17		-	To amend Article 7 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated,
18		-	1
	6	+	To amend Article 7 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated,1
19	7		relating to procedure for resolving annexation disputes, so as to revise procedures for the2
20	8		selection and objection to arbitrators; to revise how arbitration panels report their findings3
21	9		and recommendations; to revise provisions relating to compensation of arbitrators; to amend4
22		-	Chapter 62 of Title 36 of the Official Code of Georgia Annotated, relating to development5
23		-	authorities, so as to provide that county development authorities for certain counties shall not6
24		-	operate within certain municipalities; to provide for a definition; to amend Article 2 of7
25		-	Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice,8
26		-	and Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning9
27		-	procedures as pertaining to counties and municipal corporations, so as to provide for the10
28		-	appeal of superior court decisions on zoning decisions of counties and municipal11
29		-	corporations; to repeal provisions authorizing administrative officers to exercise zoning12
30		-	powers; to repeal provisions authorizing quasi-judicial boards and agencies to hear and13
31		-	render decisions on applications for special administrative permits and conditional permits;14
32		-	to revise definitions; to amend Code Section 36-36-20 of the Official Code of Georgia15
33		-	Annotated, relating to "contiguous area" defined, so as to revise provisions for certain16
34		-	properties owned by municipalities; to provide for related matters; to provide for effective17
35		-	dates and applicability; to repeal conflicting laws; and for other purposes.18
36		-	H. B. 155
37		-	- 1 - 25 HB 155/AP
38		-	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
39		-	19
40		-	PART I20
41		-	SECTION 1-1.21
42		-	Article 7 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to22
43		-	procedure for resolving annexation disputes, is amended by revising Code Section23
44		-	36-36-114, relating to arbitration panel, composition and membership, assistance in24
45		-	formulating record, and regulation, as follows:25
46		-	"36-36-114.26
47		-	(a) Not later than the fifteenth calendar
48		-	twentieth business day following the date that the27
49		-	department received the first receives an objection of a proposed annexation as provided28
50		-	for in Code Section 36-36-113, an arbitration a panel of five arbitrators shall be appointed29
51		-	by the department using the selection process detailed as provided in subsection (c) of this30
52		-	Code section.31
53		-	(b)(1) The arbitration panel shall be composed of five members to be selected as32
54		-	provided in this subsection. The department shall develop and maintain three pools of33
55		-	potential arbitrators, comprised as follows:34
56		-	(A) One one pool which consists of persons who are currently or within the previous35
57		-	six years have been municipal elected officials, managers, or administrators;36
58		-	(B) One one pool which consists of persons who are currently or within the previous37
59		-	six years have been county elected officials, managers, or administrators; and38
60		-	(C) One one pool which consists of persons with a master's degree or higher in public39
61		-	administration or planning and who are currently employed by an institution of higher40
62		-	learning in this state, other than the Carl Vinson Institute of Government of the41
63		-	University of Georgia.42
64		-	H. B. 155
65		-	- 2 - 25 HB 155/AP
66		-	(2) Each The pool shall be sufficiently large to ensure as nearly as practicable that no43
67		-	person shall be required to serve on more than four panels in any one calendar year and44
68		-	serve on no more than one panel in any given county in any one calendar year.45
69		-	(3) The department is authorized to coordinate with the Georgia Municipal Association,46
70		-	the Association County Commissioners of Georgia, the Council of Local Governments,47
71		-	and similar organizations in developing and maintaining such pools.48
72		-	(c)(1) Within 15 business days of the date that the department first receives an objection49
73		-	of a proposed annexation as provided for in Code Section 36-36-113, Upon receiving50
74		-	notice of a disputed annexation, the department shall choose at random four names51
75		-	submit to the county and municipal corporations a list of 11 potential arbitrators52
76		-	consisting of four potential arbitrators randomly selected by the department from the pool53
77		-	of municipal officials, four names potential arbitrators randomly selected by the54
78		-	department from the pool of county officials, and three names potential arbitrators55
79		-	randomly selected by the department from the pool of academics; provided, however, that56
80		-	the department shall ensure that none of such selections shall include a person who:57
81		-	(A) Is is a resident of the county which has interposed the objection or any municipal58
82		-	corporation located wholly or partially in such county,;59
83		-	(B) Actively seeks employment in the county which has interposed the objection or60
84		-	any municipal corporation located wholly or partially in such county;61
85		-	(C) Is or has been employed within the preceding six years by the county which has62
86		-	interposed the objection or any municipal corporation located wholly or partially in63
87		-	such county; or64
88		-	(D) Has and further provided that none of such selections shall include a person who65
89		-	has already served on four other arbitration panels in the then-current calendar year.66
90		-	(2) Until noon on the twentieth business day following the date that the department67
91		-	receives the notice of disputed annexation:68
92		-	H. B. 155
93		-	- 3 - 25 HB 155/AP
94		-	(A) The municipal corporation shall be permitted to strike or excuse up to two of the69
95		-	names chosen four arbitrators that were randomly selected by the department from the70
96		-	county officials pool by submitting written notice of any such strikes to the department;71
97		-	(B) The the county shall be permitted to strike or excuse up to two of the names chosen72
98		-	four arbitrators that were randomly selected by the department from the municipal73
99		-	officials pool by submitting written notice of any such strikes to the department; and74
100		-	(C) The the county and municipal corporation corporations shall each be permitted to75
101		-	strike or excuse one of the names chosen three arbitrators that were randomly selected76
102		-	by the department from the academic pool by submitting written notice of any such77
103		-	strikes to the department.78
104		-	(3) At the close of the period for permitted strikes as allowed in paragraph (2) of this79
105		-	subsection, the department shall finalize the arbitration panel for the given annexation80
106		-	dispute by appointing:81
107		-	(A) Two arbitrators from the county officials subset identified in subparagraph (A) of82
108		-	paragraph (2) of this subsection who were not stricken;83
109		-	(B) Two arbitrators from the municipal officials subset identified in subparagraph (B)84
110		-	of paragraph (2) of this subsection who were not stricken; and85
111		-	(C) One arbitrator from the academic subset identified in subparagraph (C) of86
112		-	paragraph (2) of this subsection who was not stricken.87
113		-	(4) In the event that more than the required number of arbitrators remains within any88
114		-	given subset, the department shall randomly appoint the number of arbitrators needed for89
115		-	such subset from among those arbitrators remaining within such subset.90
116		-	(5) In the event that an arbitrator refuses or becomes unable to serve on a given panel to91
117		-	which he or she has been appointed pursuant to paragraph (3) of this subsection, the92
118		-	department shall randomly appoint a new arbitrator to such panel by randomly selecting93
119		-	an eligible arbitrator from the specific pool of arbitrators from which the original94
120		-	arbitrator was randomly selected under paragraph (1) of this subsection; provided,95
121		-	H. B. 155
122		-	- 4 - 25 HB 155/AP
123		-	however, that such new arbitrator shall not have been previously stricken by the county96
124		-	or municipality.97
125		-	(d) Prior to being eligible to serve on any of the three pools, persons interested in serving98
126		-	on such panels shall receive joint training in alternative dispute resolution together with99
127		-	zoning and land use training, which may be designed and overseen by the Carl Vinson100
128		-	Institute of Government of the University of Georgia in conjunction with the Association101
129		-	County Commissioners of Georgia and the Georgia Municipal Association, provided such102
130		-	training is available. Provided that the General Assembly appropriates sufficient funds in103
131		-	an applicable fiscal year, the Carl Vinson Institute of Government of the University of104
132		-	Georgia shall provide at least one training program per year to train new potential panel105
133		-	members.106
134		-	(e) At the time any person is selected to serve on a panel for any particular annexation107
135		-	dispute, he or she shall sign the following oath: 'I do solemnly swear or affirm that I will108
136		-	faithfully perform my duties as an arbitrator in a fair and impartial manner without favor109
137		-	or affection to any party, and that I have not and will not have any ex parte communication110
138		-	regarding the facts and circumstances of the matters to be determined, other than111
139		-	communications with my fellow arbitrators, and will only consider, in making my112
140		-	determination, those matters which may lawfully come before me.'113
141		-	(f) The department shall develop and maintain a list of court reporters and hearing officers114
142		-	that may be employed by the department at the request of an arbitration panel to assist the115
143		-	panel in formulating the record before the panel. An arbitration panel may by majority116
144		-	vote of its members elect to employ court reporters and hearing officers from such list. 117
145		-	Any costs or charges related to the employment of court reporters and hearing officers118
146		-	pursuant to this subsection shall be evenly divided between the city and the county.119
147		-	(g) The department shall promulgate rules and regulations to provide for uniform120
148		-	procedures and operations of arbitration panels established pursuant to this article.121
149		-	Notwithstanding any provision of Chapter 13 of Title 50, the 'Georgia Administrative122
150		-	H. B. 155
151		-	- 5 - 25 HB 155/AP
152		-	Procedure Act,' to the contrary, such proposed rules and regulations shall be submitted to
153		-	123
154		-	the chairperson of the House Governmental Affairs Committee and the Senate Committee124
155		-	on State and Local Government Operations."125
156		-	SECTION 1-2.126
157		-	Said article is further amended by revising Code Section 36-36-115, relating to meetings of127
158		-	arbitration panel, duties, findings and recommendations, and compensation, as follows:128
159		-	"36-36-115.129
160		-	(a)(1)(A) The arbitration panel appointed pursuant to Code Section 36-36-114 shall130
161		-	meet as soon after appointment as practicable and shall receive evidence and argument131
162		-	from the municipal corporation, the county, and the applicant or property owner and132
163		-	shall by majority vote render a decision which shall be binding on all parties to the133
164		-	dispute as provided for in this article not later than 60 days following such appointment,134
165		-	provided that the chairperson of the arbitration panel shall be authorized to extend such135
166		-	deadline one time for a period of up to ten business days.
167		-	; provided, however, that136
168		-	Notwithstanding anything in this subparagraph to the contrary, the municipal137
169		-	corporation and county may by mutual agreement, postpone the arbitration procession138
170		-	for a period of up to 180 days to negotiate a potential settlement, and such139
171		-	postponement shall stay the 60 day deadline provided herein.140
172		-	(B) Meetings of the panel may occur in person, virtually, or via teleconference. The141
173		-	meetings of the panel in which evidence is submitted or arguments of the parties are142
174		-	made, whether such meeting is in person, virtual, or via teleconference, shall be open143
175		-	to the public pursuant to Chapter 14 of Title 50.144
176		-	(C) The panel shall first determine the validity of the grounds for objection as specified145
177		-	in the objection. If an objection involves the financial impact on the county as a result146
178		-	of a change in zoning or land use or the provision of maintenance of infrastructure, the147
179		-	panel shall quantify such impact in terms of cost. As to any objection which the panel148
180		-	H. B. 155
181		-	- 6 - 25 HB 155/AP
182		-	has determined to be valid, the panel, in its findings, may establish reasonable zoning,
183		-	149
184		-	land use, or density conditions applicable to the annexation and propose any reasonable150
185		-	mitigating measures as to an objection pertaining to infrastructure demands.151
186		-	(2) In arriving at its determination, the panel shall consider:152
187		-	(A) The existing comprehensive land use plans of both the county and city;153
188		-	(B) The existing land use patterns in the area of the subject property;154
189		-	(C) The existing zoning patterns in the area of the subject property;155
190		-	(D) Each jurisdiction's provision of infrastructure to the area of the subject property156
191		-	and to the areas in the vicinity of the subject property;157
192		-	(E) Whether the county has approved similar changes in intensity or allowable uses on158
193		-	similar developments in other unincorporated areas of the county;159
194		-	(F) Whether the county has approved similar developments in other unincorporated160
195		-	areas of the county which have a similar impact on infrastructure as complained of by161
196		-	the county in its objection; and162
197		-	(G) Whether the infrastructure or capital outlay project which is claimed adversely163
198		-	impacted by the county in its objection was funded by a county-wide tax.164
199		-	(3) The county shall provide supporting evidence that its objection is consistent with its165
200		-	land use plan and the pattern of existing land uses and zonings in the area of the subject166
201		-	property, which may include, but not be limited to, adopted planning documents and167
202		-	capital or infrastructure plans.168
203		-	(4) The cost of the arbitration shall be equally divided between the city and the county;169
204		-	provided, however, that if the panel determines that any party has advanced a position170
205		-	that is not valid, the costs shall be borne by the party or parties that have advanced such171
206		-	position.172
207		-	(5) The reasonable costs of participation in the arbitration process of the property owner173
208		-	or owners whose property is at issue shall be borne by the county and the city in the same174
209		-	proportion as costs are apportioned under paragraph (4) of this subsection.175
210		-	H. B. 155
211		-	- 7 - 25 HB 155/AP
212		-	(6) The panel shall deliver its written findings and recommendations to the parties and176
213		-	the department by verifiable delivery. The written findings and recommendations shall177
214		-	include a signed statement for each panel member as to whether or not he or she voted178
215		-	in support of or against such findings and recommendations. The department shall179
216		-	maintain a data base and record of arbitration panel results and at least annually publish180
217		-	a report on such decisions and make such report freely available on the department's181
218		-	website.182
219		-	(b) If the decision of the panel contains zoning, land use, or density conditions, the183
220		-	findings and recommendations of the panel shall be recorded in the deed records of the184
221		-	county with a caption describing the name of the current owner of the property, recording185
222		-	reference of the current owner's acquisition deed and a general description of the property,186
223		-	and plainly showing the expiration date of any restrictions or conditions.187
224		-	(c) The arbitration panel shall be dissolved on the tenth day after it renders its findings and188
225		-	recommendations but may be reconvened as provided in Code Section 36-36-116.189
226		-	(d) Notwithstanding the provisions of subsection (b) of Code Section 45-7-21, the190
227		-	members of the arbitration panel shall receive the same per diem, expenses, and allowances191
228		-	for their service on the panel as authorized by law for members of the General Assembly192
229		-	plus $100.00 in total for all days of service for serving on an arbitration panel.193
230		-	(e) If the panel so agrees, any one or more additional annexation disputes which may arise194
231		-	between the parties prior to the panel's initial meeting may be consolidated for the purpose195
232		-	of judicial economy if there are similar issues of location or similar objections raised to196
233		-	such other annexations or the property to be annexed in such other annexations is197
234		-	within 2,500 feet of the subject property."198
235		-	SECTION 1-3.199
236		-	Chapter 62 of Title 36 of the Official Code of Georgia Annotated, relating to development200
237		-	authorities, is amended by adding a new Code section to read as follows:201
238		-	H. B. 155
239		-	- 8 - 25 HB 155/AP
240		-	"36-62-4.1.202
241		-	(a) As used in this Code section, the term 'massively municipalized county' means any203
242		-	county without a consolidated or unified government in which the corporate limits of two204
243		-	or more municipalities cover 95 percent or more of the land area of the county.205
244		-	(b) No county development authority for a massively municipalized county shall206
245		-	purchase or accept title to any real or personal property in connection with a property tax207
246		-	incentive project within the parts of such county that are within the corporate limits of208
247		-	any municipality that is located north of the northernmost corporate limit of the209
248		-	municipality in which the county site of such county is located if the governing authority210
249		-	of the municipality in which such property is located has adopted a resolution to limit211
250		-	such development authority from operating within such municipality.212
251		-	(c) The provisions of this Code section shall not apply to any project approved by a213
252		-	development authority prior to January 1, 2026, nor shall any amendments, refinancing,214
253		-	renewals, or the transfer of any property related to such prior projects be affected by this215
254		-	Code section."216
255		-	PART II217
256		-	SECTION 2-1.218
257		-	Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to219
258		-	appellate practice, is amended by revising subsection (a) of Code Section 5-6-34, relating to220
259		-	judgments and rulings deemed directly appealable, procedure for review of judgments,221
260		-	orders, or decisions not subject to direct appeal, scope of review, hearings in criminal cases222
261		-	involving a capital offense for which death penalty is sought, and appeals involving223
262		-	nonmonetary judgments in child custody cases, as follows:224
263		-	"(a) Appeals may be taken to the Supreme Court and the Court of Appeals from the225
264		-	following judgments and rulings of the superior courts, the Georgia State-wide Business226
265		-	H. B. 155
266		-	- 9 - 25 HB 155/AP
267		-	Court, the constitutional city courts, and such other courts or tribunals from which appeals
268		-	227
269		-	are authorized by the Constitution and laws of this state:228
270		-	(1) All final judgments, that is to say, where the case is no longer pending in the court229
271		-	below, except as provided in Code Section 5-6-35;230
272		-	(2) All judgments involving applications for discharge in bail trover and contempt cases;231
273		-	(3) All judgments or orders directing that an accounting be had;232
274		-	(4) All judgments or orders granting or refusing applications for receivers or for233
275		-	interlocutory or final injunctions;234
276		-	(5) All judgments or orders granting or refusing applications for attachment against235
277		-	fraudulent debtors;236
278		-	(6) Any ruling on a motion which would be dispositive if granted with respect to a237
279		-	defense that the action is barred by Code Section 16-11-173;238
280		-	(7) All judgments or orders granting or refusing to grant mandamus or any other239
281		-	extraordinary remedy, except with respect to temporary restraining orders;240
282		-	(8) All judgments or orders refusing applications for dissolution of corporations created241
283		-	by the superior courts;242
284		-	(9) All judgments or orders sustaining motions to dismiss a caveat to the probate of a243
285		-	will;244
286		-	(10) All judgments or orders entered pursuant to subsection (c) of Code245
287		-	Section 17-10-6.2;246
288		-	(11) All judgments or orders in child custody cases awarding, refusing to change, or247
289		-	modifying child custody or holding or declining to hold persons in contempt of such child248
290		-	custody judgment or orders;249
291		-	(12) All judgments or orders entered pursuant to Code Section 35-3-37; and
292		-	250
293		-	(13) All judgments or orders entered pursuant to Code Section 9-11-11.1; and251
294		-	(14) All final judgments or orders reviewing a zoning decision, as such term is defined252
295		-	in paragraph (4) of Code Section 36-66-3."253
296		-	H. B. 155
297		-	- 10 - 25 HB 155/AP
298		-	SECTION 2-2.
299		-	254
300		-	Said article is further amended by revising subsection (a) of Code Section 5-6-35, relating255
301		-	to cases requiring application for appeal, requirements for application, exhibits, response,256
302		-	issuance of appellate court order regarding appeal, procedure, supersedeas, jurisdiction of257
303		-	appeal, and appeals involving nonmonetary judgments in custody cases, as follows:258
304		-	"(a) Appeals in the following cases shall be taken as provided in this Code section:259
305		-	(1) Appeals from decisions of the superior courts reviewing decisions of the State Board260
306		-	of Workers' Compensation, the State Board of Education, auditors, state and local261
307		-	administrative agencies, and
308		-	lower courts, and quasi-judicial decisions of boards or262
309		-	agencies of local governments, including those defined in paragraphs (1.1) and (1.2) of263
310		-	Code Section 36-66-3 by petition for review; provided, however, that this provision shall264
311		-	not apply to decisions of the Public Service Commission and probate courts and to cases265
312		-	involving ad valorem taxes and condemnations;266
313		-	(2) Appeals from judgments or orders in divorce, alimony, and other domestic relations267
314		-	cases including, but not limited to, granting or refusing a divorce or temporary or268
315		-	permanent alimony or holding or declining to hold persons in contempt of such alimony269
316		-	judgment or orders;270
317		-	(3) Appeals from cases involving distress or dispossessory warrants in which the only271
318		-	issue to be resolved is the amount of rent due and such amount is $2,500.00 or less;272
319		-	(4) Appeals from cases involving garnishment or attachment, except as provided in273
320		-	paragraph (5) of subsection (a) of Code Section 5-6-34;274
321		-	(5) Appeals from orders revoking probation;275
322		-	(5.1) Appeals from decisions of superior courts reviewing decisions of the Sexual276
323		-	Offender Risk Review Board;277
324		-	(5.2) Appeals from decisions of superior courts granting or denying petitions for release278
325		-	pursuant to Code Section 42-1-19;279
326		-	(6) Appeals in all actions for damages in which the judgment is $10,000.00 or less;280
327		-	H. B. 155
328		-	- 11 - 25 HB 155/AP
329		-	(7) Appeals, when separate from an original appeal, from the denial of an extraordinary
330		-	281
331		-	motion for new trial;282
332		-	(8) Appeals from orders under subsection (d) of Code Section 9-11-60 denying a motion283
333		-	to set aside a judgment or under subsection (e) of Code Section 9-11-60 denying relief284
334		-	upon a complaint in equity to set aside a judgment;285
335		-	(9) Appeals from orders granting or denying temporary restraining orders;286
336		-	(10) Appeals from awards of attorney's fees or expenses of litigation under Code287
337		-	Section 9-15-14;288
338		-	(11) Appeals from decisions of the state courts reviewing decisions of the magistrate289
339		-	courts by de novo proceedings so long as the subject matter is not otherwise subject to290
340		-	a right of direct appeal;291
341		-	(12) Appeals from orders terminating parental rights; and292
342		-	(13) Appeals from orders under subsection (a) of Code Section 44-14-610 granting or293
343		-	denying an objection to the filing of a lis pendens or granting or denying a motion294
344		-	canceling a lis pendens."295
345		-	SECTION 2-3.296
346		-	Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning297
347		-	procedures as pertaining to counties and municipal corporations, is amended by revising298
348		-	paragraph (1) of subsection (b) of Code Section 36-66-2, relating to legislative purpose and299
349		-	local government zoning powers, and by adding a new paragraph to read as follows:300
350		-	"(1) Provide by ordinance or resolution for such administrative officers, boards, or301
351		-	agencies as may be expedient for the efficient exercise of delegated, quasi-judicial zoning302
352		-	powers and to establish procedures and notice requirements for hearings before such303
353		-	quasi-judicial officers,
354		-	boards, or agencies that are consistent with the minimum304
355		-	procedures provided for in this chapter to assure due process is afforded the general305
356		-	public; and"306
357		-	H. B. 155
358		-	- 12 - 25 HB 155/AP
359		-	SECTION 2-4.
360		-	307
361		-	Said chapter is further amended by revising paragraphs (1.1) and (4) of Code308
362		-	Section 36-66-3, relating to definitions, and by adding a new paragraph to read as follows:309
363		-	"(1.1) 'Quasi-judicial officers,
364		-	boards, or agencies' means an officer, board, or agency310
365		-	appointed by a local government to exercise delegated, quasi-judicial zoning powers311
366		-	including hearing appeals of administrative decisions by such officers, boards, or312
367		-	agencies and hearing and rendering decisions on applications for variances, special313
368		-	administrative permits, special exceptions, conditional use permits, or other similar314
369		-	permits not enumerated herein as a zoning decision, pursuant to standards for the exercise315
370		-	of such quasi-judicial authority adopted by a local government any board or agency316
371		-	designated by ordinance to make quasi-judicial decisions.317
372		-	(1.2) 'Quasi-judicial decision' means a final quasi-judicial action that is the exercise of318
373		-	quasi-judicial land use powers, including hearing appeals of administrative decisions and319
374		-	hearing and rendering decisions on applications for variances, administrative permits, or320
375		-	other similar permits not enumerated herein as a zoning decision, pursuant to standards321
376		-	for the exercise of such quasi-judicial authority adopted by a local government. Such322
377		-	term does not include permits issued or decisions made by administrative staff pursuant323
378		-	to the authority designated by ordinance which contains an express right to appeal to a324
379		-	local government board or authority which is subject to these provisions applicable to325
380		-	quasi-judicial decisions."326
381		-	"(4) 'Zoning decision' means final legislative action by a local government which results327
382		-	in:328
383		-	(A) The adoption or repeal of a zoning ordinance;329
384		-	(B) The adoption of an amendment to a zoning ordinance which changes the text of the330
385		-	zoning ordinance;331
386		-	(C) The adoption or denial of an amendment to a zoning ordinance to rezone property332
387		-	from one zoning classification to another;333
388		-	H. B. 155
389		-	- 13 - 25 HB 155/AP
390		-	(D) The adoption or denial of an amendment to a zoning ordinance by a municipal
391		-	334
392		-	local government to zone property to be annexed into the municipality;335
393		-	(E) The grant or denial of a permit relating to
394		-	an application for a special use of336
395		-	property; or337
396		-	(F) The grant or denial of an application for a variance or the imposition or338
397		-	modification of conditions concurrent and in conjunction with a decision pursuant to339
398		-	subparagraph (C) or (E) of this paragraph, or a subsequent modification to such a340
399		-	variance or condition."341
400		-	SECTION 2-5.342
401		-	Said chapter is further amended by revising subsections (b), (c), (g), and (h) of Code343
402		-	Section 36-66-4, relating to adoption of hearing policies and procedures and standards for344
403		-	exercise of zoning power, as follows:345
404		-	"(b) If a zoning decision of a local government is for the rezoning of property and the346
405		-	rezoning is initiated by a party other than the local government, then:347
406		-	(1) The notice, in addition to the requirements of subsection (a) of this Code section,348
407		-	shall include the location of the property, the present zoning classification of the property,349
408		-	and the proposed zoning classification of the property; and350
409		-	(2) A sign containing information required by local ordinance or resolution shall be351
410		-	placed in a conspicuous location on the property not less than 15 days nor more than 45352
411		-	days prior to the date of the hearing.353
412		-	(c) If the zoning decision of a local government is for the rezoning of property and the354
413		-	amendment to the zoning ordinance to accomplish the rezoning is defeated denied by the355
414		-	local government, then the same property may not again be considered for rezoning until356
415		-	the expiration of at least six months immediately following the defeat denial of the357
416		-	rezoning by the local government or the conclusion of related judicial proceedings."358
417		-	H. B. 155
418		-	- 14 - 25 HB 155/AP
419		-	"(g) A local government delegating decision-making power to a quasi-judicial officer,359
420		-	board, or agency shall provide for a hearing on each proposed action described in360
421		-	paragraph (1.1) (1.2) of Code Section 36-66-3. Notice of such hearing shall be provided361
422		-	at least 30 15 but not more than 45 days prior to the quasi-judicial hearing, with such notice362
423		-	being made as provided for in subsection (a) of this Code section and with additional notice363
424		-	being mailed to the owner of the property that is the subject of the proposed action.364
425		-	(h)(1) Notwithstanding any other provisions of this chapter to the contrary, when a365
426		-	proposed zoning decision relates to an amendment of the zoning ordinance to revise one366
427		-	or more zoning classifications or definitions relating to single-family residential uses of367
428		-	property so as to authorize multifamily uses of property pursuant to such classification368
429		-	or definitions, or to grant blanket permission, under certain or all circumstances, for369
430		-	property owners to deviate from the existing zoning requirements of a single-family370
431		-	residential zoning, such zoning decision shall be adopted in the following manner:371
432		-	(A) The zoning decision shall be adopted at two regular meetings of the local372
433		-	government making the zoning decision, during a period of not less than 21 at least 15373
434		-	but not more than 45 days apart; and374
435		-	(B) Prior to the first meeting provided for in subparagraph (A) of this paragraph, at375
436		-	least two public hearings shall be held on the proposed action. Such public hearings376
437		-	shall be held at least three months and not more than nine months prior to the date of377
438		-	final action on the zoning decision. Furthermore, at least one of the public hearings378
439		-	shall be held between the hours of 5:00 P.M. and 8:00 P.M. The hearings required by379
440		-	this paragraph shall be in addition to any hearing required under subsection (a) of this380
441		-	Code section. The local government shall give notice of such hearing by:381
442		-	(i) Posting notice on each affected premises in the manner prescribed by382
443		-	subsection (b) of this Code section; provided, however, that when more than 500383
444		-	parcels are affected, in which case posting notice is required every 500 feet in the384
445		-	affected area; and385
446		-	H. B. 155
447		-	- 15 - 25 HB 155/AP
448		-	(ii) Publishing in a newspaper of general circulation within the territorial boundaries
449		-	386
450		-	of the local government a notice of each hearing at least 15 days and not more than 45387
451		-	days prior to the date of the hearing.388
452		-	Both the posted notice and the published notice shall include a prominent statement that389
453		-	the proposed zoning decision relates to or will authorize multifamily uses or give blanket
454		-	390
455		-	permission to the property owner to deviate from the zoning requirements of a391
456		-	single-family residential zoning of property in classification previously relating to392
457		-	single-family residential uses. The published notice shall be at least nine column inches393
458		-	in size and shall not be located in the classified advertising section of the newspaper. The394
459		-	notice shall state that a copy of the proposed amendment is on file in the office of the395
460		-	clerk or the recording officer of the local government and in the office of the clerk of the396
461		-	superior court of the county of the legal situs of the local government for the purpose of397
462		-	examination and inspection by the public. The local government shall furnish anyone,398
463		-	upon written request, a copy of the proposed amendment, at no cost.399
464		-	(2) The provisions of paragraph (1) of this subsection shall also apply to any zoning400
465		-	decisions that provide for the abolition of all single-family residential zoning401
466		-	classifications within the territorial boundaries of a local government or zoning decisions402
467		-	that result in the rezoning of all property zoned for single-family residential uses within403
468		-	the territorial boundaries of a local government to multifamily residential uses of404
469		-	property.405
470		-	(3) This subsection shall not apply to zoning decisions for the rezoning of property from406
471		-	a single-family residential use of property to a multifamily residential use of property407
472		-	when the rezoning is initiated by the owner or authorized agent of the owner of such408
473		-	property or when the local government adopts a zoning ordinance or zoning map409
474		-	applicable to the entire land area under the governance of the local government, as410
475		-	opposed to a subset of parcels of land under the governance of the local government."411
476		-	H. B. 155
477		-	- 16 - 25 HB 155/AP
478		-	SECTION 2-6.
479		-	412
480		-	Said chapter is further amended by revising subsections (b.1) and (c) of Code413
481		-	Section 36-66-5, relating to adoption of hearing policies and procedures and standards for414
482		-	exercise of zoning power, as follows:415
483		-	"(b.1) In addition to policies and procedures required by subsection (a) of this Code416
484		-	section, each local government providing for a quasi-judicial officer's, board's,
485		-	board's or417
486		-	agency's grant, denial, or review of a quasi-judicial matter may shall adopt specific418
487		-	standards and criteria governing the exercise of such quasi-judicial decision-making419
488		-	authority, and such standards shall include the factors by which the local government420
489		-	directs the evaluation of a quasi-judicial matter. Such standards shall be printed and copies421
490		-	thereof made available for distribution to the general public.422
491		-	(c) The policies and procedures required by subsection (a) of this Code section and the423
492		-	adoption of standards required by subsection subsections (b) and permitted by subsection424
493		-	(b.1) of this Code section shall be included in and adopted as part of the zoning ordinance. 425
494		-	Prior to the adoption of any zoning ordinance enacted on or after July 1, 2022, a local426
495		-	government shall conduct a public hearing on a proposed action which may be advertised427
496		-	and held concurrent with the hearing required by subsection (a) of Code Section 36-66-4428
497		-	for the adoption of a zoning ordinance. The provisions of subsection (a) of Code Section429
498		-	36-66-4 relating to notices of public hearings for the purposes of that subsection shall also430
499		-	apply to public hearings required by this subsection."431
500		-	SECTION 2-7.432
501		-	Said chapter is further amended by revising paragraph (2) of subsection (a) of Code433
502		-	Section 36-66-5.1, relating to judicial review and procedures, as follows:434
503		-	"(2) Quasi-judicial decisions as described in this chapter and zoning decisions under435
504		-	subparagraph (E) of paragraph (4) of Code Section 36-66-3 shall be subject to appellate436
505		-	review by the superior court pursuant to its appellate jurisdiction from a lower judicatory437
506		-	H. B. 155
507		-	- 17 - 25 HB 155/AP
508		-	body and shall be brought by way of a petition for such review as provided for in Title 5.
509		-	438
510		-	Such matters shall be reviewed on the record which shall be brought to the superior court439
511		-	as provided in Title 5."440
512		-	PART IIA441
513		-	SECTION 2A-1.442
514		-	Code Section 36-36-20 of the Official Code of Georgia Annotated, relating to "contiguous443
515		-	area" defined, is amended by revising subsection (c) as follows:444
516		-	"(c) If, at the time annexation procedures are initiated, the entire area to be annexed is445
517		-	owned by the municipal governing authority to which the area is to be annexed and if446
518		-	the annexation of municipally owned property is approved by resolution of the447
519		-	governing authority of the county wherein the property is located, then the term448
520		-	'contiguous area' shall mean any area which, at the time annexation procedures are449
521		-	initiated, abuts directly on the municipal boundary or which would directly abut on the450
522		-	municipal boundary if it were not otherwise separated from the municipal boundary by451
523		-	lands owned by the municipal corporation or some other political subdivision, by lands452
524		-	owned by this state, or by the definite width or by the length of:453
525		-	(1) Any street or street right of way;454
526		-	(2) Any creek or river; or455
527		-	(3) Any right of way of a railroad or other public service corporation456
528		-	which divides the municipal boundary and any area proposed to be annexed; provided,
529		-	457
530		-	however, that an annexation by the length of paragraphs (1) through (3) of this subsection458
531		-	shall also be approved by a majority of the qualified voters of such county voting on a459
532		-	referendum to approve such annexation."460
533		-	H. B. 155
534		-	- 18 - 25 HB 155/AP
535		-	PART III
536		-	461
537		-	SECTION 3-1.462
538		-	(a) Part I of this Act shall become effective on January 1, 2026.463
539		-	(b) Part II of this Act shall become effective on July 1, 2025, and shall apply to all zoning464
540		-	and quasi-judicial decisions occurring on and after such date; provided, however, that no465
541		-	zoning or quasi-judicial decision occurring prior to December 31, 2026, shall be rendered466
542		-	invalid or void if a local government fails to implement the provisions set out in Code467
543		-	Section 36-66-5.1.468
544		-	(c) Part IIA and Part III of this Act shall become effective on July 1, 2025.469
545		-	SECTION 3-2.470
546		-	All laws and parts of laws in conflict with this Act are repealed.471
547		-	H. B. 155
548		-	- 19 -
	10	+	Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to5
	11	+	appellate practice, and Chapter 66 of Title 36 of the Official Code of Georgia Annotated,6
	12	+	relating to zoning procedures as pertaining to counties and municipal corporations, so as to7
	13	+	provide for the appeal of superior court decisions on zoning decisions of counties and8
	14	+	municipal corporations; to repeal provisions authorizing administrative officers to exercise9
	15	+	zoning powers; to repeal provisions authorizing quasi-judicial boards and agencies to hear10
	16	+	and render decisions on applications for special administrative permits and conditional11
	17	+	permits; to revise definitions; to amend Code Section 36-36-20 of the Official Code of12
	18	+	Georgia Annotated, relating to "contiguous area" defined, so as to revise provisions for13
	19	+	certain properties owned by municipalities; to provide for related matters; to provide for14
	20	+	effective dates and applicability; to repeal conflicting laws; and for other purposes.15
	21	+	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:16
	22	+	- 1 - 25 HB 155/SCSFA
	23	+	PART I17
	24	+	SECTION 1-1.18
	25	+	Article 7 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to19
	26	+	procedure for resolving annexation disputes, is amended by revising Code Section20
	27	+	36-36-114, relating to arbitration panel, composition and membership, assistance in21
	28	+	formulating record, and regulation, as follows:22
	29	+	"36-36-114.23
	30	+	(a) Not later than the fifteenth calendar twentieth business day following the date that the24
	31	+	department received the first receives an objection of a proposed annexation as provided25
	32	+	for in Code Section 36-36-113, an arbitration a panel of five arbitrators shall be appointed26
	33	+	by the department using the selection process detailed as provided in subsection (c) of this27
	34	+	Code section.28
	35	+	(b)(1) The arbitration panel shall be composed of five members to be selected as29
	36	+	provided in this subsection. The department shall develop and maintain three pools of30
	37	+	potential arbitrators, comprised as follows:31
	38	+	(A) One one pool which consists of persons who are currently or within the previous32
	39	+	six years have been municipal elected officials, managers, or administrators;33
	40	+	(B) One one pool which consists of persons who are currently or within the previous34
	41	+	six years have been county elected officials, managers, or administrators; and35
	42	+	(C) One one pool which consists of persons with a master's degree or higher in public36
	43	+	administration or planning and who are currently employed by an institution of higher37
	44	+	learning in this state, other than the Carl Vinson Institute of Government of the38
	45	+	University of Georgia.39
	46	+	(2) Each The pool shall be sufficiently large to ensure as nearly as practicable that no40
	47	+	person shall be required to serve on more than four panels in any one calendar year and41
	48	+	serve on no more than one panel in any given county in any one calendar year.42
	49	+	- 2 - 25 HB 155/SCSFA
	50	+	(3) The department is authorized to coordinate with the Georgia Municipal Association,43
	51	+	the Association County Commissioners of Georgia, the Council of Local Governments,44
	52	+	and similar organizations in developing and maintaining such pools.45
	53	+	(c)(1) Within 15 business days of the date that the department first receives an objection46
	54	+	of a proposed annexation as provided for in Code Section 36-36-113, Upon receiving47
	55	+	notice of a disputed annexation, the department shall choose at random four names48
	56	+	submit to the county and municipal corporations a list of 11 potential arbitrators49
	57	+	consisting of four potential arbitrators randomly selected by the department from the pool50
	58	+	of municipal officials, four names potential arbitrators randomly selected by the51
	59	+	department from the pool of county officials, and three names potential arbitrators52
	60	+	randomly selected by the department from the pool of academics; provided, however, that53
	61	+	the department shall ensure that none of such selections shall include a person who:54
	62	+	(A) Is is a resident of the county which has interposed the objection or any municipal55
	63	+	corporation located wholly or partially in such county,;56
	64	+	(B) Actively seeks employment in the county which has interposed the objection or57
	65	+	any municipal corporation located wholly or partially in such county;58
	66	+	(C) Is or has been employed within the preceding six years by the county which has59
	67	+	interposed the objection or any municipal corporation located wholly or partially in60
	68	+	such county; or61
	69	+	(D) Has and further provided that none of such selections shall include a person who62
	70	+	has already served on four other arbitration panels in the then-current calendar year.63
	71	+	(2) Until noon on the twentieth business day following the date that the department64
	72	+	receives the notice of disputed annexation:65
	73	+	(A) The municipal corporation shall be permitted to strike or excuse up to two of the66
	74	+	names chosen four arbitrators that were randomly selected by the department from the67
	75	+	county officials pool by submitting written notice of any such strikes to the department;68
	76	+	- 3 - 25 HB 155/SCSFA
	77	+	(B) The the county shall be permitted to strike or excuse up to two of the names chosen69
	78	+	four arbitrators that were randomly selected by the department from the municipal70
	79	+	officials pool by submitting written notice of any such strikes to the department; and71
	80	+	(C) The the county and municipal corporation corporations shall each be permitted to72
	81	+	strike or excuse one of the names chosen three arbitrators that were randomly selected73
	82	+	by the department from the academic pool by submitting written notice of any such74
	83	+	strikes to the department.75
	84	+	(3) At the close of the period for permitted strikes as allowed in paragraph (2) of this76
	85	+	subsection, the department shall finalize the arbitration panel for the given annexation77
	86	+	dispute by appointing:78
	87	+	(A) Two arbitrators from the county officials subset identified in subparagraph (A) of79
	88	+	paragraph (2) of this subsection who were not stricken;80
	89	+	(B) Two arbitrators from the municipal officials subset identified in subparagraph (B)81
	90	+	of paragraph (2) of this subsection who were not stricken; and82
	91	+	(C) One arbitrator from the academic subset identified in subparagraph (C) of83
	92	+	paragraph (2) of this subsection who was not stricken.84
	93	+	(4) In the event that more than the required number of arbitrators remains within any85
	94	+	given subset, the department shall randomly appoint the number of arbitrators needed for86
	95	+	such subset from among those arbitrators remaining within such subset.87
	96	+	(5) In the event that an arbitrator refuses or becomes unable to serve on a given panel to88
	97	+	which he or she has been appointed pursuant to paragraph (3) of this subsection, the89
	98	+	department shall randomly appoint a new arbitrator to such panel by randomly selecting90
	99	+	an eligible arbitrator from the specific pool of arbitrators from which the original91
	100	+	arbitrator was randomly selected under paragraph (1) of this subsection; provided,92
	101	+	however, that such new arbitrator shall not have been previously stricken by the county93
	102	+	or municipality.94
	103	+	- 4 - 25 HB 155/SCSFA
	104	+	(d) Prior to being eligible to serve on any of the three pools, persons interested in serving95
	105	+	on such panels shall receive joint training in alternative dispute resolution together with96
	106	+	zoning and land use training, which may be designed and overseen by the Carl Vinson97
	107	+	Institute of Government of the University of Georgia in conjunction with the Association98
	108	+	County Commissioners of Georgia and the Georgia Municipal Association, provided such99
	109	+	training is available. Provided that the General Assembly appropriates sufficient funds in100
	110	+	an applicable fiscal year, the Carl Vinson Institute of Government of the University of101
	111	+	Georgia shall provide at least one training program per year to train new potential panel102
	112	+	members.103
	113	+	(e) At the time any person is selected to serve on a panel for any particular annexation104
	114	+	dispute, he or she shall sign the following oath: 'I do solemnly swear or affirm that I will105
	115	+	faithfully perform my duties as an arbitrator in a fair and impartial manner without favor106
	116	+	or affection to any party, and that I have not and will not have any ex parte communication107
	117	+	regarding the facts and circumstances of the matters to be determined, other than108
	118	+	communications with my fellow arbitrators, and will only consider, in making my109
	119	+	determination, those matters which may lawfully come before me.'110
	120	+	(f) The department shall develop and maintain a list of court reporters and hearing officers111
	121	+	that may be employed by the department at the request of an arbitration panel to assist the112
	122	+	panel in formulating the record before the panel. An arbitration panel may by majority113
	123	+	vote of its members elect to employ court reporters and hearing officers from such list. 114
	124	+	Any costs or charges related to the employment of court reporters and hearing officers115
	125	+	pursuant to this subsection shall be evenly divided between the city and the county.116
	126	+	(g) The department shall promulgate rules and regulations to provide for uniform117
	127	+	procedures and operations of arbitration panels established pursuant to this article.118
	128	+	Notwithstanding any provision of Chapter 13 of Title 50, the 'Georgia Administrative119
	129	+	Procedure Act,' to the contrary, such proposed rules and regulations shall be submitted to120
	130	+	- 5 - 25 HB 155/SCSFA
	131	+	the chairperson of the House Governmental Affairs Committee and the Senate Committee121
	132	+	on State and Local Government Operations."122
	133	+	SECTION 1-2.123
	134	+	Said article is further amended by revising Code Section 36-36-115, relating to meetings of124
	135	+	arbitration panel, duties, findings and recommendations, and compensation, as follows:125
	136	+	"36-36-115.126
	137	+	(a)(1)(A) The arbitration panel appointed pursuant to Code Section 36-36-114 shall127
	138	+	meet as soon after appointment as practicable and shall receive evidence and argument128
	139	+	from the municipal corporation, the county, and the applicant or property owner and129
	140	+	shall by majority vote render a decision which shall be binding on all parties to the130
	141	+	dispute as provided for in this article not later than 60 days following such appointment,131
	142	+	provided that the chairperson of the arbitration panel shall be authorized to extend such132
	143	+	deadline one time for a period of up to ten business days.; provided, however, that133
	144	+	Notwithstanding anything in this subparagraph to the contrary, the municipal134
	145	+	corporation and county may by mutual agreement, postpone the arbitration procession135
	146	+	for a period of up to 180 days to negotiate a potential settlement, and such136
	147	+	postponement shall stay the 60 day deadline provided herein.137
	148	+	(B) Meetings of the panel may occur in person, virtually, or via teleconference. The138
	149	+	meetings of the panel in which evidence is submitted or arguments of the parties are139
	150	+	made, whether such meeting is in person, virtual, or via teleconference, shall be open140
	151	+	to the public pursuant to Chapter 14 of Title 50.141
	152	+	(C) The panel shall first determine the validity of the grounds for objection as specified142
	153	+	in the objection. If an objection involves the financial impact on the county as a result143
	154	+	of a change in zoning or land use or the provision of maintenance of infrastructure, the144
	155	+	panel shall quantify such impact in terms of cost. As to any objection which the panel145
	156	+	has determined to be valid, the panel, in its findings, may establish reasonable zoning,146
	157	+	- 6 - 25 HB 155/SCSFA
	158	+	land use, or density conditions applicable to the annexation and propose any reasonable147
	159	+	mitigating measures as to an objection pertaining to infrastructure demands.148
	160	+	(2) In arriving at its determination, the panel shall consider:149
	161	+	(A) The existing comprehensive land use plans of both the county and city;150
	162	+	(B) The existing land use patterns in the area of the subject property;151
	163	+	(C) The existing zoning patterns in the area of the subject property;152
	164	+	(D) Each jurisdiction's provision of infrastructure to the area of the subject property153
	165	+	and to the areas in the vicinity of the subject property;154
	166	+	(E) Whether the county has approved similar changes in intensity or allowable uses on155
	167	+	similar developments in other unincorporated areas of the county;156
	168	+	(F) Whether the county has approved similar developments in other unincorporated157
	169	+	areas of the county which have a similar impact on infrastructure as complained of by158
	170	+	the county in its objection; and159
	171	+	(G) Whether the infrastructure or capital outlay project which is claimed adversely160
	172	+	impacted by the county in its objection was funded by a county-wide tax.161
	173	+	(3) The county shall provide supporting evidence that its objection is consistent with its162
	174	+	land use plan and the pattern of existing land uses and zonings in the area of the subject163
	175	+	property, which may include, but not be limited to, adopted planning documents and164
	176	+	capital or infrastructure plans.165
	177	+	(4) The cost of the arbitration shall be equally divided between the city and the county;166
	178	+	provided, however, that if the panel determines that any party has advanced a position167
	179	+	that is not valid, the costs shall be borne by the party or parties that have advanced such168
	180	+	position.169
	181	+	(5) The reasonable costs of participation in the arbitration process of the property owner170
	182	+	or owners whose property is at issue shall be borne by the county and the city in the same171
	183	+	proportion as costs are apportioned under paragraph (4) of this subsection.172
	184	+	- 7 - 25 HB 155/SCSFA
	185	+	(6) The panel shall deliver its written findings and recommendations to the parties and173
	186	+	the department by verifiable delivery. The written findings and recommendations shall174
	187	+	include a signed statement for each panel member as to whether or not he or she voted175
	188	+	in support of or against such findings and recommendations. The department shall176
	189	+	maintain a data base and record of arbitration panel results and at least annually publish177
	190	+	a report on such decisions and make such report freely available on the department's178
	191	+	website.179
	192	+	(b) If the decision of the panel contains zoning, land use, or density conditions, the180
	193	+	findings and recommendations of the panel shall be recorded in the deed records of the181
	194	+	county with a caption describing the name of the current owner of the property, recording182
	195	+	reference of the current owner's acquisition deed and a general description of the property,183
	196	+	and plainly showing the expiration date of any restrictions or conditions.184
	197	+	(c) The arbitration panel shall be dissolved on the tenth day after it renders its findings and185
	198	+	recommendations but may be reconvened as provided in Code Section 36-36-116.186
	199	+	(d) Notwithstanding the provisions of subsection (b) of Code Section 45-7-21, the187
	200	+	members of the arbitration panel shall receive the same per diem, expenses, and allowances188
	201	+	for their service on the panel as authorized by law for members of the General Assembly189
	202	+	plus $100.00 in total for all days of service for serving on an arbitration panel.190
	203	+	(e) If the panel so agrees, any one or more additional annexation disputes which may arise191
	204	+	between the parties prior to the panel's initial meeting may be consolidated for the purpose192
	205	+	of judicial economy if there are similar issues of location or similar objections raised to193
	206	+	such other annexations or the property to be annexed in such other annexations is194
	207	+	within 2,500 feet of the subject property."195
	208	+	- 8 - 25 HB 155/SCSFA
	209	+	PART II196
	210	+	SECTION 2-1.197
	211	+	Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to198
	212	+	appellate practice, is amended by revising subsection (a) of Code Section 5-6-34, relating to199
	213	+	judgments and rulings deemed directly appealable, procedure for review of judgments,200
	214	+	orders, or decisions not subject to direct appeal, scope of review, hearings in criminal cases201
	215	+	involving a capital offense for which death penalty is sought, and appeals involving202
	216	+	nonmonetary judgments in child custody cases, as follows:203
	217	+	"(a) Appeals may be taken to the Supreme Court and the Court of Appeals from the204
	218	+	following judgments and rulings of the superior courts, the Georgia State-wide Business205
	219	+	Court, the constitutional city courts, and such other courts or tribunals from which appeals206
	220	+	are authorized by the Constitution and laws of this state:207
	221	+	(1) All final judgments, that is to say, where the case is no longer pending in the court208
	222	+	below, except as provided in Code Section 5-6-35;209
	223	+	(2) All judgments involving applications for discharge in bail trover and contempt cases;210
	224	+	(3) All judgments or orders directing that an accounting be had;211
	225	+	(4) All judgments or orders granting or refusing applications for receivers or for212
	226	+	interlocutory or final injunctions;213
	227	+	(5) All judgments or orders granting or refusing applications for attachment against214
	228	+	fraudulent debtors;215
	229	+	(6) Any ruling on a motion which would be dispositive if granted with respect to a216
	230	+	defense that the action is barred by Code Section 16-11-173;217
	231	+	(7) All judgments or orders granting or refusing to grant mandamus or any other218
	232	+	extraordinary remedy, except with respect to temporary restraining orders;219
	233	+	(8) All judgments or orders refusing applications for dissolution of corporations created220
	234	+	by the superior courts;221
	235	+	- 9 - 25 HB 155/SCSFA
	236	+	(9) All judgments or orders sustaining motions to dismiss a caveat to the probate of a222
	237	+	will;223
	238	+	(10) All judgments or orders entered pursuant to subsection (c) of Code224
	239	+	Section 17-10-6.2;225
	240	+	(11) All judgments or orders in child custody cases awarding, refusing to change, or226
	241	+	modifying child custody or holding or declining to hold persons in contempt of such child227
	242	+	custody judgment or orders;228
	243	+	(12) All judgments or orders entered pursuant to Code Section 35-3-37; and229
	244	+	(13) All judgments or orders entered pursuant to Code Section 9-11-11.1; and230
	245	+	(14) All final judgments or orders reviewing a zoning decision, as such term is defined231
	246	+	in paragraph (4) of Code Section 36-66-3."232
	247	+	SECTION 2-2.233
	248	+	Said article is further amended by revising subsection (a) of Code Section 5-6-35, relating234
	249	+	to cases requiring application for appeal, requirements for application, exhibits, response,235
	250	+	issuance of appellate court order regarding appeal, procedure, supersedeas, jurisdiction of236
	251	+	appeal, and appeals involving nonmonetary judgments in custody cases, as follows:237
	252	+	"(a) Appeals in the following cases shall be taken as provided in this Code section:238
	253	+	(1) Appeals from decisions of the superior courts reviewing decisions of the State Board239
	254	+	of Workers' Compensation, the State Board of Education, auditors, state and local240
	255	+	administrative agencies, and lower courts, and quasi-judicial decisions of boards or241
	256	+	agencies of local governments, including those defined in paragraphs (1.1) and (1.2) of242
	257	+	Code Section 36-66-3 by petition for review; provided, however, that this provision shall243
	258	+	not apply to decisions of the Public Service Commission and probate courts and to cases244
	259	+	involving ad valorem taxes and condemnations;245
	260	+	(2) Appeals from judgments or orders in divorce, alimony, and other domestic relations246
	261	+	cases including, but not limited to, granting or refusing a divorce or temporary or247
	262	+	- 10 - 25 HB 155/SCSFA
	263	+	permanent alimony or holding or declining to hold persons in contempt of such alimony248
	264	+	judgment or orders;249
	265	+	(3) Appeals from cases involving distress or dispossessory warrants in which the only250
	266	+	issue to be resolved is the amount of rent due and such amount is $2,500.00 or less;251
	267	+	(4) Appeals from cases involving garnishment or attachment, except as provided in252
	268	+	paragraph (5) of subsection (a) of Code Section 5-6-34;253
	269	+	(5) Appeals from orders revoking probation;254
	270	+	(5.1) Appeals from decisions of superior courts reviewing decisions of the Sexual255
	271	+	Offender Risk Review Board;256
	272	+	(5.2) Appeals from decisions of superior courts granting or denying petitions for release257
	273	+	pursuant to Code Section 42-1-19;258
	274	+	(6) Appeals in all actions for damages in which the judgment is $10,000.00 or less;259
	275	+	(7) Appeals, when separate from an original appeal, from the denial of an extraordinary260
	276	+	motion for new trial;261
	277	+	(8) Appeals from orders under subsection (d) of Code Section 9-11-60 denying a motion262
	278	+	to set aside a judgment or under subsection (e) of Code Section 9-11-60 denying relief263
	279	+	upon a complaint in equity to set aside a judgment;264
	280	+	(9) Appeals from orders granting or denying temporary restraining orders;265
	281	+	(10) Appeals from awards of attorney's fees or expenses of litigation under Code266
	282	+	Section 9-15-14;267
	283	+	(11) Appeals from decisions of the state courts reviewing decisions of the magistrate268
	284	+	courts by de novo proceedings so long as the subject matter is not otherwise subject to269
	285	+	a right of direct appeal;270
	286	+	(12) Appeals from orders terminating parental rights; and271
	287	+	(13) Appeals from orders under subsection (a) of Code Section 44-14-610 granting or272
	288	+	denying an objection to the filing of a lis pendens or granting or denying a motion273
	289	+	canceling a lis pendens."274
	290	+	- 11 - 25 HB 155/SCSFA
	291	+	SECTION 2-3.275
	292	+	Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning276
	293	+	procedures as pertaining to counties and municipal corporations, is amended by revising277
	294	+	paragraph (1) of subsection (b) of Code Section 36-66-2, relating to legislative purpose and278
	295	+	local government zoning powers, and by adding a new paragraph to read as follows:279
	296	+	"(1) Provide by ordinance or resolution for such administrative officers, boards, or280
	297	+	agencies as may be expedient for the efficient exercise of delegated, quasi-judicial zoning281
	298	+	powers and to establish procedures and notice requirements for hearings before such282
	299	+	quasi-judicial officers, boards, or agencies that are consistent with the minimum283
	300	+	procedures provided for in this chapter to assure due process is afforded the general284
	301	+	public; and"285
	302	+	SECTION 2-4.286
	303	+	Said chapter is further amended by revising paragraphs (1.1) and (4) of Code287
	304	+	Section 36-66-3, relating to definitions, and by adding a new paragraph to read as follows:288
	305	+	"(1.1) 'Quasi-judicial officers, boards, or agencies' means an officer, board, or agency289
	306	+	appointed by a local government to exercise delegated, quasi-judicial zoning powers290
	307	+	including hearing appeals of administrative decisions by such officers, boards, or291
	308	+	agencies and hearing and rendering decisions on applications for variances, special292
	309	+	administrative permits, special exceptions, conditional use permits, or other similar293
	310	+	permits not enumerated herein as a zoning decision, pursuant to standards for the exercise294
	311	+	of such quasi-judicial authority adopted by a local government any board or agency295
	312	+	designated by ordinance to make quasi-judicial decisions.296
	313	+	(1.2) 'Quasi-judicial decision' means a final quasi-judicial action that is the exercise of297
	314	+	quasi-judicial land use powers, including hearing appeals of administrative decisions and298
	315	+	hearing and rendering decisions on applications for variances, administrative permits, or299
	316	+	other similar permits not enumerated herein as a zoning decision, pursuant to standards300
	317	+	- 12 - 25 HB 155/SCSFA
	318	+	for the exercise of such quasi-judicial authority adopted by a local government. Such301
	319	+	term does not include permits issued or decisions made by administrative staff pursuant302
	320	+	to the authority designated by ordinance which contains an express right to appeal to a303
	321	+	local government board or authority which is subject to these provisions applicable to304
	322	+	quasi-judicial decisions."305
	323	+	"(4) 'Zoning decision' means final legislative action by a local government which results306
	324	+	in:307
	325	+	(A) The adoption or repeal of a zoning ordinance;308
	326	+	(B) The adoption of an amendment to a zoning ordinance which changes the text of the309
	327	+	zoning ordinance;310
	328	+	(C) The adoption or denial of an amendment to a zoning ordinance to rezone property311
	329	+	from one zoning classification to another;312
	330	+	(D) The adoption or denial of an amendment to a zoning ordinance by a municipal313
	331	+	local government to zone property to be annexed into the municipality;314
	332	+	(E) The grant or denial of a permit relating to an application for a special use of315
	333	+	property; or316
	334	+	(F) The grant or denial of an application for a variance or the imposition or317
	335	+	modification of conditions concurrent and in conjunction with a decision pursuant to318
	336	+	subparagraph (C) or (E) of this paragraph, or a subsequent modification to such a319
	337	+	variance or condition."320
	338	+	SECTION 2-5.321
	339	+	Said chapter is further amended by revising subsections (b), (c), (g), and (h) of Code322
	340	+	Section 36-66-4, relating to adoption of hearing policies and procedures and standards for323
	341	+	exercise of zoning power, as follows:324
	342	+	"(b) If a zoning decision of a local government is for the rezoning of property and the325
	343	+	rezoning is initiated by a party other than the local government, then:326
	344	+	- 13 - 25 HB 155/SCSFA
	345	+	(1) The notice, in addition to the requirements of subsection (a) of this Code section,327
	346	+	shall include the location of the property, the present zoning classification of the property,328
	347	+	and the proposed zoning classification of the property; and329
	348	+	(2) A sign containing information required by local ordinance or resolution shall be330
	349	+	placed in a conspicuous location on the property not less than 15 days nor more than 45331
	350	+	days prior to the date of the hearing.332
	351	+	(c) If the zoning decision of a local government is for the rezoning of property and the333
	352	+	amendment to the zoning ordinance to accomplish the rezoning is defeated denied by the334
	353	+	local government, then the same property may not again be considered for rezoning until335
	354	+	the expiration of at least six months immediately following the defeat denial of the336
	355	+	rezoning by the local government or the conclusion of related judicial proceedings."337
	356	+	"(g) A local government delegating decision-making power to a quasi-judicial officer,338
	357	+	board, or agency shall provide for a hearing on each proposed action described in339
	358	+	paragraph (1.1) (1.2) of Code Section 36-66-3. Notice of such hearing shall be provided340
	359	+	at least 30 15 but not more than 45 days prior to the quasi-judicial hearing, with such notice341
	360	+	being made as provided for in subsection (a) of this Code section and with additional notice342
	361	+	being mailed to the owner of the property that is the subject of the proposed action.343
	362	+	(h)(1) Notwithstanding any other provisions of this chapter to the contrary, when a344
	363	+	proposed zoning decision relates to an amendment of the zoning ordinance to revise one345
	364	+	or more zoning classifications or definitions relating to single-family residential uses of346
	365	+	property so as to authorize multifamily uses of property pursuant to such classification347
	366	+	or definitions, or to grant blanket permission, under certain or all circumstances, for348
	367	+	property owners to deviate from the existing zoning requirements of a single-family349
	368	+	residential zoning, such zoning decision shall be adopted in the following manner:350
	369	+	(A) The zoning decision shall be adopted at two regular meetings of the local351
	370	+	government making the zoning decision, during a period of not less than 21 at least 15352
	371	+	but not more than 45 days apart; and353
	372	+	- 14 - 25 HB 155/SCSFA
	373	+	(B) Prior to the first meeting provided for in subparagraph (A) of this paragraph, at354
	374	+	least two public hearings shall be held on the proposed action. Such public hearings355
	375	+	shall be held at least three months and not more than nine months prior to the date of356
	376	+	final action on the zoning decision. Furthermore, at least one of the public hearings357
	377	+	shall be held between the hours of 5:00 P.M. and 8:00 P.M. The hearings required by358
	378	+	this paragraph shall be in addition to any hearing required under subsection (a) of this359
	379	+	Code section. The local government shall give notice of such hearing by:360
	380	+	(i) Posting notice on each affected premises in the manner prescribed by361
	381	+	subsection (b) of this Code section; provided, however, that when more than 500362
	382	+	parcels are affected, in which case posting notice is required every 500 feet in the363
	383	+	affected area; and364
	384	+	(ii) Publishing in a newspaper of general circulation within the territorial boundaries365
	385	+	of the local government a notice of each hearing at least 15 days and not more than 45366
	386	+	days prior to the date of the hearing.367
	387	+	Both the posted notice and the published notice shall include a prominent statement that368
	388	+	the proposed zoning decision relates to or will authorize multifamily uses or give blanket369
	389	+	permission to the property owner to deviate from the zoning requirements of a370
	390	+	single-family residential zoning of property in classification previously relating to371
	391	+	single-family residential uses. The published notice shall be at least nine column inches372
	392	+	in size and shall not be located in the classified advertising section of the newspaper. The373
	393	+	notice shall state that a copy of the proposed amendment is on file in the office of the374
	394	+	clerk or the recording officer of the local government and in the office of the clerk of the375
	395	+	superior court of the county of the legal situs of the local government for the purpose of376
	396	+	examination and inspection by the public. The local government shall furnish anyone,377
	397	+	upon written request, a copy of the proposed amendment, at no cost.378
	398	+	(2) The provisions of paragraph (1) of this subsection shall also apply to any zoning379
	399	+	decisions that provide for the abolition of all single-family residential zoning380
	400	+	- 15 - 25 HB 155/SCSFA
	401	+	classifications within the territorial boundaries of a local government or zoning decisions381
	402	+	that result in the rezoning of all property zoned for single-family residential uses within382
	403	+	the territorial boundaries of a local government to multifamily residential uses of383
	404	+	property.384
	405	+	(3) This subsection shall not apply to zoning decisions for the rezoning of property from385
	406	+	a single-family residential use of property to a multifamily residential use of property386
	407	+	when the rezoning is initiated by the owner or authorized agent of the owner of such387
	408	+	property or when the local government adopts a zoning ordinance or zoning map388
	409	+	applicable to the entire land area under the governance of the local government, as389
	410	+	opposed to a subset of parcels of land under the governance of the local government."390
	411	+	SECTION 2-6.391
	412	+	Said chapter is further amended by revising subsections (b.1) and (c) of Code392
	413	+	Section 36-66-5, relating to adoption of hearing policies and procedures and standards for393
	414	+	exercise of zoning power, as follows:394
	415	+	"(b.1) In addition to policies and procedures required by subsection (a) of this Code395
	416	+	section, each local government providing for a quasi-judicial officer's, board's, board's or396
	417	+	agency's grant, denial, or review of a quasi-judicial matter may shall adopt specific397
	418	+	standards and criteria governing the exercise of such quasi-judicial decision-making398
	419	+	authority, and such standards shall include the factors by which the local government399
	420	+	directs the evaluation of a quasi-judicial matter. Such standards shall be printed and copies400
	421	+	thereof made available for distribution to the general public.401
	422	+	(c) The policies and procedures required by subsection (a) of this Code section and the402
	423	+	adoption of standards required by subsection subsections (b) and permitted by subsection403
	424	+	(b.1) of this Code section shall be included in and adopted as part of the zoning ordinance. 404
	425	+	Prior to the adoption of any zoning ordinance enacted on or after July 1, 2022, a local405
	426	+	government shall conduct a public hearing on a proposed action which may be advertised406
	427	+	- 16 - 25 HB 155/SCSFA
	428	+	and held concurrent with the hearing required by subsection (a) of Code Section 36-66-4407
	429	+	for the adoption of a zoning ordinance. The provisions of subsection (a) of Code Section408
	430	+	36-66-4 relating to notices of public hearings for the purposes of that subsection shall also409
	431	+	apply to public hearings required by this subsection."410
	432	+	SECTION 2-7.411
	433	+	Said chapter is further amended by revising paragraph (2) of subsection (a) of Code412
	434	+	Section 36-66-5.1, relating to judicial review and procedures, as follows:413
	435	+	"(2) Quasi-judicial decisions as described in this chapter and zoning decisions under414
	436	+	subparagraph (E) of paragraph (4) of Code Section 36-66-3 shall be subject to appellate415
	437	+	review by the superior court pursuant to its appellate jurisdiction from a lower judicatory416
	438	+	body and shall be brought by way of a petition for such review as provided for in Title 5.417
	439	+	Such matters shall be reviewed on the record which shall be brought to the superior court418
	440	+	as provided in Title 5."419
	441	+	PART IIA420
	442	+	SECTION 2A-1.421
	443	+	Code Section 36-36-20 of the Official Code of Georgia Annotated, relating to "contiguous422
	444	+	area" defined, is amended by revising subsection (c) as follows:423
	445	+	"(c) If, at the time annexation procedures are initiated, the entire area to be annexed is424
	446	+	owned by the municipal governing authority to which the area is to be annexed and if the425
	447	+	annexation of municipally owned property is approved by resolution of the governing426
	448	+	authority of the county wherein the property is located and by a majority of the qualified427
	449	+	voters of such county voting on a referendum to approve such annexation, then the term428
	450	+	'contiguous area' shall mean any area which, at the time annexation procedures are429
	451	+	initiated, abuts directly on the municipal boundary or which would directly abut on the430
	452	+	- 17 - 25 HB 155/SCSFA
	453	+	municipal boundary if it were not otherwise separated from the municipal boundary by431
	454	+	lands owned by the municipal corporation or some other political subdivision, by lands432
	455	+	owned by this state, or by the definite width or by the length of:433
	456	+	(1) Any street or street right of way;434
	457	+	(2) Any creek or river; or435
	458	+	(3) Any right of way of a railroad or other public service corporation436
	459	+	which divides the municipal boundary and any area proposed to be annexed."437
	460	+	PART III438
	461	+	SECTION 3-1.439
	462	+	(a) Part I of this Act shall become effective on January 1, 2026.440
	463	+	(b) Part II of this Act shall become effective on July 1, 2025, and shall apply to all zoning441
	464	+	and quasi-judicial decisions occurring on and after such date; provided, however, that no442
	465	+	zoning or quasi-judicial decision occurring prior to December 31, 2026, shall be rendered443
	466	+	invalid or void if a local government fails to implement the provisions set out in Code444
	467	+	Section 36-66-5.1.445
	468	+	(c) Part IIA and Part III of this Act shall become effective on July 1, 2025.446
	469	+	SECTION 3-2.447
	470	+	All laws and parts of laws in conflict with this Act are repealed.448
	471	+	- 18 -