Rule 110-12-5-.01. Purpose and Overview

Rule 110-12-5-.01. Purpose and Overview

1. (1) General. The Georgia Planning Act authorizes the Department of Community Affairs (the Department) to establish procedures and guidelines for mediation or other means of resolving conflicts related to local plans, regional plans, Developments of Regional Impact, and Regionally Important Resources. These specific rules and procedures are provided herein and are applicable to all local governments and Regional Commissions in the State. The intent of these rules is:

   1. (1) provide an alternative to the courts for resolving conflicts related to planning or growth management, where processes for resolving specific types of disputes (such as, but not limited to, those for annexations or service delivery conflicts) are not provided elsewhere in state law;
   2. (2) foster more careful consideration of, and planning for, impacts of growth; and
   3. (3) improve local, regional and state level communication about planning and growth management matters.

2. (2) Overview. These rules establish an alternative dispute resolution process for reconciling differences on planning or growth management related issues among Georgia's local governments, Regional Commissions, and private interests where no other processes for resolving specific types of disputes are provided in state law. The parties to the conflict may choose from two types of dispute resolution to reach a settlement. These are facilitation or mediation and both of these enlist an impartial third party (or neutral) to lead the process. To provide as much process certainty as possible, these rules call for the alternative dispute resolution process to be concluded within 90 days after it is initiated, although this time-frame can be extended by mutual agreement of the affected parties. Four types of conflicts are subject to dispute resolution as provided in these rules:

   1. (a) Conflicts related to preparation or implementation of local plans or regional plans as provided in the Georgia Planning Act.
   2. (b) Conflicts related to preparation or implementation of local plans or regional plans provided in the Comprehensive Solid Waste Management Act.
   3. (c) Actions or conflicts related to Developments of Regional Impact.
   4. (d) Actions or conflicts related to Regionally Important Resources.
3. (3) Changes and Interpretation. These rules and regulations may from time to time be revised by the Department pursuant to the Administrative Procedure Act. The Department is the final authority for interpretation of these rules.

Authority: O.C.G.A. Secs. 50-8-7, 50-8-7.1et seq.

History. Original Rule entitled "Purpose" adopted. F. May 3, 1996; eff. May 23, 1996.

Repealed: New Rule entitled "Purpose and Overview" adopted. F. Feb. 12, 2009; eff. July 1, 2009, as specified by the Agency.