Review of Area Plans; Designation as Official Planning Agency; Responsibility to Carry Out Assigned or Delegated Planning Functions for an Area

  1. Law
  2. Georgia Code
  3. State Government
  4. Department of Community Affairs
  5. Metropolitan Area Planning and Development Commissions
  6. Review of Area Plans; Designation as Official Planning Agency; Responsibility to Carry Out Assigned or Delegated Planning Functions for an Area

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  1. It is in the public interest and it is provided by this article that:
    1. A commission review each area plan prepared for use in an area by a political subdivision or by a public authority, commission, board, utility, or agency;
    2. Each commission be designated as the official planning agency for all state and federal programs to be carried out in the area; and
    3. A commission carry out such other planning functions for an area as may be assigned or delegated to the commission by other agencies or boards, public or private, and accepted by the commission.
  2. As set forth in Code Section 50-8-83, a commission shall be the planning and development commission for an area in accordance with Article 2 of this chapter.
  3. All powers, duties, obligations, and property vested in or imposed upon any metropolitan planning commission in an area are transferred to, imposed upon, and vested in the commission created by this article as the successor of such commission.
  4. A commission shall be designated for its area as the planning agency under 40 U.S.C.A. Section 461 and 40 U.S.C.A. Section 461(g), as amended, P.L. 89-117 (1965), and P.L. 90-448 (1968); 42 U.S.C.A. Section 3725, P.L. 90-351 (1968); 42 U.S.C.A. Section 246(b), P.L. 89-749, as amended, P.L. 90-174 (1967), and for comprehensive transportation studies required by 23 U.S.C.A. Sections 101, 134, P.L. 87-866 (1962); and 49 U.S.C.A. Section 1601, et seq. P.L. 88-365 (1964), as amended, and supplemented by administrative requirements of the United States Department of Transportation, and any similar law enacted before July 1, 1971. A commission is further granted all of the powers, duties, and authorities necessary to carry out its responsibilities and duties under such laws.
  5. A commission shall have power and authority to undertake such other planning functions within its area as may be assigned or delegated to the commission by other agencies or boards, public or private, and for which the commission accepts responsibility.

(Code 1981, §50-8-93, enacted by Ga. L. 1982, p. 2107, § 51; Ga. L. 1998, p. 128, § 50.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1998, "Sections" was substituted for "Section" preceding "101" in subsection (d).

U.S. Code.

- 40 U.S.C. § 461, referred to in subsection (d), was repealed in 1981. 42 U.S.C. § 3725, also referred to in subsection (d), has been omitted. 49 U.S.C. § 1601 et seq., also referred to in subsection (d), formerly appeared as 49 U.S.C. App. § 1601 et seq., which was subsequently repealed and is now codified as 49 U.S.C. App. § 5301.

OPINIONS OF THE ATTORNEY GENERAL

Participation of county or municipality as member of Atlanta Regional Commission.

- County or municipality may participate as a member of the Atlanta Regional Commission for the limited purposes of federal laws and regulations governing metropolitan planning organizations while remaining a member of a regional development center other than the Atlanta Regional Commission so long as statutory processes and approvals are obtained. 2004 Op. Att'y Gen. No. 2004-1.


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