Land Entitlement

The land entitlement process in Georgia involves obtaining the necessary legal approvals to develop land for specific uses, such as residential, commercial, or industrial purposes. It is primarily governed by local jurisdictions (counties and municipalities), which have the authority to regulate land use and zoning under the Georgia Constitution. Below is an overview of the process:

Key Components of the Land Entitlement Process

1. Local Authority and Zoning:

  • In Georgia, zoning authority is granted directly to counties and municipalities by the state constitution. Local governments adopt zoning ordinances and comprehensive land use plans to regulate development within their jurisdictions.
  • Zoning laws dictate permissible land uses within specific areas. If the proposed development does not align with current zoning regulations, rezoning is required.
  • Rezoning applications involve submitting detailed plans and attending public hearings where community members can express their opinions.

2. Comprehensive Planning:

  • Each local government in Georgia must develop a comprehensive plan addressing future land use, transportation, and other growth-related issues. These plans are overseen by regional commissions and the Georgia Department of Community Affairs to ensure consistency with state standards.

3. Types of Entitlements:

  • Rezoning: Changing the zoning designation of a property to allow for different uses.
  • Zoning Variances: Requesting deviations from specific zoning regulations (e.g., setbacks or parking requirements).
  • Use Permits: Allowing exceptions for land uses not typically permitted in a zone.
  • Utility Approvals: Securing permissions for utility extensions or installations.
  • Road and Traffic Approvals: Addressing access to public roads and traffic impact analyses.
  • Landscape Approvals: Ensuring compliance with aesthetic and environmental standards

4. Application Process:

  • Developers or property owners submit an application to the local government, including detailed site plans, project documentation, and stakeholder approvals if applicable.
  • The site plan, which is a detailed blueprint of the proposed development, includes designs for buildings, utilities, landscaping, stormwater management, and emergency access. It often undergoes multiple revisions based on feedback from city or county officials.
  • The application undergoes review by various departments (e.g., planning, zoning, utilities). Public hearings may be held to gather community feedback.
  • The local governing body (e.g., city council or county commission) makes the final decision on approval or denial.

5. Public Engagement:

  • Public input is often a critical part of the entitlement process. Local governments notify residents of proposed changes, allowing them to voice concerns or support during designated comment periods.

6. Appeals Process:

  • If an entitlement application is denied, applicants typically have an opportunity to appeal the decision through administrative or judicial processes.

Important Land Entitlement Considerations

  • The entitlement process can be lengthy and complex due to regulatory requirements and potential public opposition.
  • Securing entitlements is a prerequisite for obtaining building permits and beginning construction.
  • Developers and /or property owners may need to work with civil engineers, attorneys, and consultants to navigate technical aspects of the process.

Would you like some help navigating the land entitlement process? We can help! Contact us today to get started.