Adoption of Comprehensive Ordinances Relating to Land-Disturbing Activities; Delegation of Responsibility to Planning and Zoning Commission; Other Local Ordinances Relating to Land Development; Effect of Chapter on Design Professionals

  1. Law
  2. Georgia Code
  3. Conservation and Natural Resources
  4. Control of Soil Erosion and Sedimentation
  5. Adoption of Comprehensive Ordinances Relating to Land-Disturbing Activities; Delegation of Responsibility to Planning and Zoning Commission; Other Local Ordinances Relating to Land Development; Effect of Chapter on Design Professionals

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  1. The governing authority of each county and each municipality shall adopt a comprehensive ordinance establishing the procedures governing land-disturbing activities which are conducted within their respective boundaries. Such ordinances shall be consistent with the standards provided by this chapter. Local governing authorities shall have the authority, by such ordinance, to delegate in whole or in part the responsibilities of the governing authorities, as set forth in this chapter, to any constitutional or statutory local planning and zoning commission. Where the local governing authority deems it appropriate, it may integrate such provisions with other local ordinances relating to land development including but not limited to tree protection, flood plain protection, stream buffers, or storm-water management; and the properties to which any of the types of ordinances identified in this Code section shall apply, whether or not such ordinances are integrated, shall include without limitation property owned by the local governing authority or by a local school district, except as otherwise provided by Code Section 12-7-17.
  2. Nothing in this chapter shall be construed as to limit or exclude any design professional, including but not limited to any professional engineer or registered land surveyor, or Natural Resource Conservation Service employee, within any county, municipality, or consolidated government in this state from performing such professional services as may be incidental to the practice of his or her profession, including any and all soil erosion and sedimentation control plans, storm-water management reports including hydrological studies, and site plans, when such professional has demonstrated competence through such qualifications, education, experience, and licensing as required for practice in this state by applicable provisions of Title 43 related to such profession; provided, however, that any such person shall be subject to the requirements of Code Section 12-7-19.

(Ga. L. 1975, p. 994, § 5; Ga. L. 1980, p. 942, § 4; Ga. L. 2003, p. 224, § 5; Ga. L. 2003, p. 270, § 1.)

Code Commission notes.

- The amendment of subsection (a) of this Code section by Ga. L. 2003, p. 224, § 5, irreconcilably conflicted with and was treated as superseded by Ga. L. 2003, p. 270, § 1. See County of Butts v. Strahan, 151 Ga. 417 (1921).

JUDICIAL DECISIONS

City required to enforce regulations against county building projects within city limits.

- County government is exempt from all municipal regulation of construction projects undertaken by the county with respect to county-owned property located within the city and used for governmental purposes, but the county is subject to other municipal regulations as indicated by the Georgia General Assembly such as fire safety standards, O.C.G.A. § 25-2-12, or compliance with the Erosion and Sedimentation Act, O.C.G.A. § 12-7-1 et seq. City of Decatur v. DeKalb County, 256 Ga. App. 46, 567 S.E.2d 376 (2002).

OPINIONS OF THE ATTORNEY GENERAL

Regulation of activities excluded from regulation by

§ 12-7-17 prohibited. - Local ordinances may not regulate land disturbing activities which are expressly excluded from regulation under O.C.G.A. § 12-7-17. 1987 Op. Att'y Gen. No. 87-20.


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