Enabling statute

Georgia

The Zoning Procedures Law (O.C.G.A. Title 36, Ch. 66), implementing Ga. Const. Art. IX, Sec. II, Para. IV (Planning and zoning)

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Summary

Georgia is distinctive in that zoning power is granted DIRECTLY to local governments by the state Constitution rather than through a traditional Standard State Zoning Enabling Act delegation. Ga. Const. Art. IX, Sec. II, Para. IV provides that the governing authority of each county and each municipality "may adopt plans and may exercise the power of zoning," while reserving to the General Assembly only the ability to enact general laws establishing PROCEDURES for exercising that power. The General Assembly exercised that reserved authority by enacting the Zoning Procedures Law in 1985 (O.C.G.A. §§ 36-66-1 to 36-66-7, effective Jan. 1, 1986), which sets minimum due-process procedures (hearings, public notice) that local governments must follow; § 36-66-2 expressly "recogniz[es] and confirm[s]" the local zoning authority rather than granting it. Thus authority rests with counties and municipalities under a constitutional home-rule grant, with the state supplying only the procedural framework; the Zoning Procedures Law does not itself create or compel the substantive power to zone.

The delegation

GEORGIA CONSTITUTION, Art. IX, Sec. II, Para. IV (Planning and zoning): "The governing authority of each county and of each municipality may adopt plans and may exercise the power of zoning. This authorization shall not prohibit the General Assembly from enacting general laws establishing procedures for the exercise of such power." O.C.G.A. § 36-66-1. Short title: "This chapter shall be known and may be cited as 'The Zoning Procedures Law.'" O.C.G.A. § 36-66-2. Legislative purpose; local government zoning powers: "(a) While recognizing and confirming the authority of local governments to exercise zoning power within their respective territorial boundaries, it is the intention of this chapter to establish as state policy minimum procedures governing the exercise of that power. The purpose of these minimum procedures is to assure that due process is afforded to the general public when local governments regulate the uses of property through the exercise of the zoning power. Nothing in this chapter shall be construed to invalidate any zoning decision made by a local government prior to January 1, 1986, or to require a local government to exercise its zoning power. (b) Consistent with the minimum procedures required by this chapter, local governments may: (1) Provide by ordinance or resolution for such administrative officers, bodies, or agencies as may be expedient for the efficient exercise of their zoning powers; and (2) Provide by ordinance or resolution for procedures and requirements in addition to or supplemental to those required by this chapter." O.C.G.A. § 36-66-3 (definitions, key terms): "(1) 'Local government' means any county or municipality which exercises zoning power within its territorial boundaries. ... (3) 'Zoning' means the power of local governments to provide within their respective territorial boundaries for the zoning or districting of property for various uses and the prohibition of other or different uses within such zones or districts and for the regulation of development and the improvement of real estate within such zones or districts in accordance with the uses of property for which such zones or districts were established."

Verification

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Verified against multiple independent sources (Justia code listings, Georgia DCA references, Jenkins & Bowen practitioner articles, GSU Law Review). (a) Citation is real and current. O.C.G.A. Title 36, Ch. 66 ("Zoning Procedures") exists across code years 2010-2022, with sections 36-66-1 (short title), 36-66-2 (legislative purpose; local government zoning powers), 36-66-3 (definitions), 36-66-4 (hearings/notice), 36-66-5 (adoption of hearing policies and standards), 36-66-5.1, 36-66-6 (military installation), and 36-66-7. The range "36-66-1 to 36-66-7" is accurate. Ga. Const. Art. IX, Sec. II, Para. IV (Planning and zoning) is a real provision of the 1983 Georgia Constitution. (b) It is genuinely the zoning enabling authority. The Constitution (Art. IX, Sec. II, Para. IV) provides that the governing authority of each county and each municipality "may adopt plans and may exercise the power of zoning," reserving to the General Assembly only the power to enact general laws establishing procedures. The Zoning Procedures Law (Ch. 66) is that reserved procedural enactment (passed 1985, effective Jan. 1, 1986). (c) Authority model accurate. O.C.G.A. 36-66-2 expressly "recognizes and confirms the authority of local governments to exercise zoning power" (rather than granting it) and states nothing requires a local government to exercise the zoning power. A practitioner source confirms zoning is delegated to local governments by the Constitution as part of Home Rule. The county_and_municipal / constitutional home-rule model with state-supplied procedures is correct. Minor nuance (not an error): the summary stresses the power flows DIRECTLY from the Constitution rather than via traditional SSZEA delegation; commentary frames it as a constitutional Home Rule delegation. These are consistent (the Constitution is the source). The claim's characterization that Ch. 66 supplies only procedure and does not create/compel the substantive zoning power is accurate per 36-66-2.