Georgia Reforms Local Permitting Process, Protecting Property Rights

In a major win for property rights and good governance, Georgia Gov. Brian Kemp has signed legislation that requires local officials to adhere to deadlines and establish clear criteria for the land-use permitting process, bringing much needed predictability for developers.

Senate Bill 447, championed by state Sen. Clint Dixon and state Rep. Victor Anderson, makes several crucial reforms influenced by Goldwater’s model Permit Freedom Act that are intended to improve transparency, increase affordability, and boost Georgia’s housing supply. Among the reforms, the bill:

1. Sets clear deadlines and milestones for reviewing permit applications and resubmissions, preventing long delays and providing certainty for developers through each step in the application process. If a local government misses its deadline, the application fees are refunded to the developer.
2. Establishes that all permitting criteria must be clear and unambiguous. Previously, local governments could inject subjective criteria into the permitting process, which bureaucrats could use to deny projects based on immeasurable preferences. This provision provides certainty to applicants that if they meet all objective criteria their application should be approved.
3. Stipulates that local governments can only deny a permit for reasons allowed under law, and, in the case of a denial, the government must provide those reasons to the applicant with sufficient information or documentation. This ensures bureaucrats are playing by the rules set by elected leaders and prevents the government from playing favorites, while also providing developers the information they need to cure their application deficiencies.
4. Requires larger jurisdictions to provide real-time online tracking of permit applications, giving applicants clarity on their status and next steps. This is among the bill’s measures aimed at improving permitting transparency.

Taken together, these reforms reduce arbitrary decision making and help ensure that permits are reviewed fairly, consistently, and efficiently. When builders face unpredictable timelines or unclear requirements, projects can stall or become unsustainably expensive. Time is money, and when local governments drag their feet on permit approvals, consumers ultimately bear the cost.

According to the American Enterprise Institute, Georgia faces a housing shortage of 81,655 units. Solutions like SB 447 are one tool in the toolkit to help address this shortage and get more housing to the market.

The Goldwater Institute applauds the Georgia legislature for prioritizing housing affordability and thanks Gov. Kemp for signing this important reform. The Goldwater Institute also congratulates the Georgia Public Policy Foundation, the Georgia Homebuilders Association and AFP – GA for securing this win.

Brian Norman is the Director of State Affairs at the Goldwater Institute, where he leads the Institute’s nationwide government affairs strategy.