General Assembly of ...

General Assembly of Georgia Legislative Changes Impacting Zoning and Real Estate Recording – 2022

October 28, 2022 | by Jamie Garner

During the 2022 Regular Session of the General Assembly of Georgia, the Legislature enacted legislation that impacts zoning and real estate recording. The following is a summary of those statutory amendments, which became effective on July 1, 2022:

Act 881; HB 1405

This Act amends the short title of O.C.G.A. Chapter 36-66 to read as the “Zoning Procedures Law” and revises provisions related to judicial review of zoning decisions. The Act provides for requirements and procedures relative to zoning decisions delegated to quasi-judicial officers, boards, or agencies. The Act provides additional notice and hearing provisions for changes to zoning ordinances that revise single-family residential classifications and definitions so as to authorize multifamily residential property uses. The Act requires review procedures for zoning decisions delegated to quasi-judicial officers, boards, or agencies. The Act provides for judicial review of such zoning decisions. The Act requires certain designations relating to appeals of quasi-judicial decisions.

The Act amends O.C.G.A. Chapter 36-66 and enacts O.C.G.A. Section 36-66-5.1.

Effective July 1, 2022 and applies to all zoning and quasi-judicial decisions occurring on and after that date; however, no zoning or quasi-judicial decision prior to July 1, 2023, shall be rendered invalid or void because of a local government’s failure to implement language in their ordinances accomplishing the provisions of Code Section 36-66-5.1 of the Act.

Act 754; HB 974

This Act provides for electronic filing for recordation and registration of deeds and other instruments and provides for the effect of a missing or incorrect tax parcel identification number on a recorded instrument. The Act requires certain information to be included on the first page of security deeds.

The Act amends O.C.G.A. Sections 44-2-2 and 44-14-63.

Effective July 1, 2023.