Authority of Political Subdivisions; Filing of Orders, Rules, and Regulations; Effect; Consideration of Federal Emergency Management Regulations

  1. Law
  2. Georgia Code
  3. Military, Emergency Management, and Veterans Affairs
  4. Emergency Management
  5. Organization and Administration
  6. Authority of Political Subdivisions; Filing of Orders, Rules, and Regulations; Effect; Consideration of Federal Emergency Management Regulations

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  1. The political subdivisions of the state and other agencies designated or appointed by the Governor are authorized and empowered to make, amend, and rescind such orders, rules, and regulations as may be necessary for emergency management purposes and to supplement the carrying out of Articles 1 through 3 of this chapter, but not inconsistent with any orders, rules, or regulations promulgated by the Governor or by any state agency exercising a power delegated to it by him.
  2. All orders, rules, and regulations promulgated by the Governor, or by any political subdivision or other agency authorized by Articles 1 through 3 of this chapter to make orders, rules, and regulations, shall have the full force and effect of law when, in the event of issuance by the Governor or any state agency, a copy thereof is filed in the office of the Secretary of State or, if promulgated by a political subdivision of the state or agency thereof, when filed in the office of the clerk of the political subdivision or agency promulgating the same. All laws, ordinances, rules, and regulations inconsistent with Articles 1 through 3 of this chapter, or of any order, rule, or regulation issued under the authority of Articles 1 through 3 of this chapter, shall be suspended during the period of time and to the extent that the conflict exists.
  3. In order to attain uniformity so far as practicable throughout the country in measures taken to aid emergency management, all action taken under Articles 1 through 3 of this chapter and all orders, rules, and regulations made pursuant thereto shall be taken or made with due consideration to the orders, rules, regulations, actions, recommendations, and requests of federal authorities relevant thereto and, to the extent permitted by law, shall be consistent with such orders, rules, regulations, actions, recommendations, and requests.

(Ga. L. 1951, p. 224, § 15; Ga. L. 1981, p. 389, § 2.)

OPINIONS OF THE ATTORNEY GENERAL

Local governmental authority to enact emergency management ordinances.

- Local units of government have authority to enact ordinances for emergency management purposes so long as such ordinances do not conflict with the Georgia Emergency Management Act, O.C.G.A. T. 38, Ch. 3, Arts. 1-3, but local units of government do not have authority to declare a state of emergency or to exercise the power of condemnation for emergency management purposes under that Act. 1989 Op. Att'y Gen. 89-53.


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