25 LC 44 3031
House Bill 413
By: Representatives Jenkins of the 136
th
, Huddleston of the 72
nd
, Campbell of the 171
st
,
Ridley of the 22
nd
, and Byrd of the 20
th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to
1
general provisions regarding agriculture, so as to prohibit local ordinances that prohibit the2
operation of mobile sawmills on agricultural lands; to provide for agricultural products; to3
provide for definitions; to provide for related matters; to repeal conflicting laws; and for4
other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions8
regarding agriculture, is amended by revising Code Section 2-1-6, relating to preemption of9
local ordinances relating to production of agricultural or farm products, as follows:10
"2-1-6.11
(a) No county, municipality, consolidated government, or other political subdivision of this12
state shall adopt or enforce any ordinance, rule, regulation, or resolution regulating crop13
management or animal husbandry practices involved in the production of agricultural or14
farm products on any private property.15
(a.1)(1) As used in this subsection, the term:
16
H. B. 413
- 1 - 25 LC 44 3031
(A) 'Agricultural land' means any land capable of use in the production of agricultural17
crops, timber, livestock or livestock products, poultry or poultry products, milk or dairy18
products, or fruit or other horticultural products, but does not include any land zoned19
by a local governmental unit for a use other than and nonconforming with agricultural20
use.21
(B) 'Mobile sawmill' means an engine powered sawing or cutting machine used to turn22
logs into lumber, regardless of whether attached to a trailer or truck mounted, that may23
be transported among and used at multiple sites. Such machines shall be considered24
agricultural equipment.25
(2) No county, municipality, consolidated government, or other political subdivision of26
this state shall adopt or enforce any ordinance, rule, regulation, or resolution prohibiting27
or restricting the use of mobile sawmills on agricultural land, including, but not limited28
to, processing timber from properties other than the one on which the mobile sawmill is29
located.30
(3) All waste produced by sawing logs, including sawdust, bark, and slab materials, shall31
be considered agricultural products. The lumber produced by mobile sawmills,32
regardless of whether it is green, kiln dried, or surfaced, shall also be considered an33
agricultural product.34
(b) Subsection (a) Subsections (a) and (a.1) of this Code section shall not prohibit or35
impair the power of any local government to adopt or enforce any zoning ordinance or36
make any other zoning decision. As used in this subsection, the terms 'local government',37
'local government,' 'zoning decision', 'zoning decision,' and 'zoning ordinance' shall have38
the same meanings provided by meanings as set forth in Code Section 36-66-3.39
(c) Subsection (a) Subsections (a) and (a.1) of this Code section shall not prohibit or40
impair any existing power of a county, municipality, consolidated government, or other41
political subdivision of this state to adopt or enforce any ordinance, rule, regulation, or42
resolution regulating land application of human waste."43
H. B. 413
- 2 - 25 LC 44 3031
SECTION 2.
44
All laws and parts of laws in conflict with this Act are repealed.45
H. B. 413
- 3 -