32-1-1. Short title.

This title shall be known as the “Georgia Code of Public Transportation.”

History. — Code 1933, § 95A-101, enacted by Ga. L. 1973, p. 947, § 1.

32-1-2. Purpose and legislative intent.

The purpose of this title is to provide a code of statutes for the public roads and other transportation facilities of the state, the counties, and municipalities of Georgia. The legislative intent is to provide an effective legal basis for the organization, administration, and operation of an efficient, modern system of public roads and other modes of transportation.

History. — Code 1933, § 95A-102, enacted by Ga. L. 1973, p. 947, § 1.

32-1-3. Definitions.

As used in this title, the term:

1. “Abandon” means to close permanently to public travel or to relinquish jurisdiction of a preexisting public road by official action as required by Chapter 7 of this title, thereby foreclosing the duty of future maintenance on such preexisting public road.
2. “Board” means the State Transportation Board.
3. “Borrow pit” means land from which dirt, gravel, rock, or related material will be excavated and used for a public road purpose. Such land need not be immediately adjacent or contiguous to the road or project under construction, repair, or reconstruction.
4. “Bridge” means a structure, including the approaches thereto, erected in order:
   1. To afford unrestricted vehicular passage over any obstruction in any public road, including, but not limited to, rivers, streams, ponds, lakes, bays, ravines, gullies, railroads, public highways, and canals; or
   2. To afford unrestricted vehicular passage under or over existing railroads and public roads.
5. “Commissioner” means the commissioner of transportation.
6. “Construction” means the planning, location, surveying, designing, supervising, inspecting, and actual building of a new road; or the paving, striping, restriping, modifying for safety purposes, grading, widening, relocation, reconstruction, or other major improvement of a substantial portion of an existing public road together with all activities incident to any of the foregoing.
7. “County” means either one of the several counties, any division, department, agency, authority, instrumentality, or branch thereof, or the county governing authority, that is, the judge of the probate court, board of county commissioners, county commissioner, or other county officers in charge of the roads, bridges, and revenues of the county.
8. “Dedication” means the donation by the owner, either expressly or impliedly, and acceptance by the public of property for public road purposes, in accordance with statutory or common-law provisions.
9. “Department” means the Department of Transportation.
10. “Federal-aid systems” means those public roads in Georgia comprised of The Dwight D. Eisenhower System of Interstate and Defense Highways and the National Highway System, as those terms are defined in Section 103 of Title 23 of the United States Code.
11. “Grade crossing” means a crossing at grade of a public road intersecting a track or tracks of a railroad.
12. “Grade separation structure” means an underpass or overpass as defined in this Code section.

    (12.1) “Interstate highways” means any highway which constitutes a part of The Dwight D. Eisenhower System of Interstate and Defense Highways as used in Section 103 of Title 23 of the United States Code.

13. “Let” means to award a contract to one of several persons who have submitted competitive bids therefor in response to advertisement.
14. “Limited-access road” means a public highway, road, or street for through traffic, over, from, or to which owners or occupants of abutting land or other persons have no right or easement or only a limited right or easement of access, light, view, or air by reason of the fact that their property abuts upon such limited-access highway, road, or street or for any other reason.
15. “Maintenance” means the preservation of a public road, including repairs and resurfacing not amounting to construction as defined in this Code section.
16. “Municipality” means an incorporated city, the governing body of which holds at least six regular meetings each year and which for a period of one year has levied and collected an ad valorem tax on the real property in such city or has for a one-year period performed at least two of the following municipal activities and services:
    1. Furnished water service;
    2. Furnished sewage service;
    3. Furnished garbage collection;
    4. Furnished police protection;
    5. Furnished fire protection;
    6. Assessed and collected business licenses;
    7. Furnished street lighting facilities.

       The term may also refer to any division, department, agency, authority, instrumentality, or branch of a municipality. Where the context requires or otherwise indicates, the term “municipality” may also mean the municipal governing authority, that is, the mayor and council, board of aldermen, board of commissioners, or other chief legislative body of a municipality.

17. “Negotiated contract” means a contract made without formal advertising for competitive bids.
18. “Other transportation purposes” or “other public transportation purposes” means any transportation facility designed to transport people or goods, including but not limited to railroads, port and harbor facilities, air transport and airport facilities, mass transportation facilities, as defined in paragraph (2) of subsection (a) of Code Section 32-9-1, transportation projects, as defined by subsection (h) of Section 2 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, and transportation enhancement activities, as defined in Section 101 of Title 23 of the United States Code, as amended by Public Law 102-240 as it existed on January 1, 1993.  However, in no event and for no purpose shall the term “other transportation purposes” or “other public transportation purposes” be deemed to include coal slurry pipelines.
19. “Overpass” means a bridge, including the approaches thereto and all appurtenances thereof, for carrying public road traffic over a railroad or another public road or for providing pedestrian walkways over a public road.
20. “Person” means any individual, partnership, corporation, association, or private organization of any character.
21. “Private road” means a privately owned road or way, including any bridge thereon, which is only open for the benefit of one or more individuals and not for the general public. This term also means a road which lies on privately owned land.
22. “Proposal guaranty” means acceptable surety furnished by a bidder as a guaranty that he will enter into a contract and will furnish contract performance and payment bonds if a contract is awarded to him.
23. “Protective devices” means gates, flashing light signals, and similar devices or combinations thereof, together with necessary appurtenances, to be installed or in operation at any grade crossing and which comply with the safety standards determined by the department as being adequate at that time for the protection of traffic.
24. “Public road” means a highway, road, street, avenue, toll road, tollway, drive, detour, or other way that either is open to the public or has been acquired as right of way, and is intended to be used for enjoyment by the public and for the passage of vehicles in any county or municipality of Georgia, including but not limited to the following public rights, structures, sidewalks, facilities, and appurtenances incidental to the construction, maintenance, and enjoyment of such rights of way:
    1. Surface, shoulders, and sides;
    2. Bridges;
    3. Causeways;
    4. Viaducts;
    5. Ferries;
    6. Overpasses;
    7. Underpasses;
    8. Railroad grade crossings;
    9. Tunnels;
    10. Signs, signals, markings, or other traffic control devices;
    11. Buildings for public equipment and personnel used for or engaged in administration, construction, or maintenance of such ways or research pertaining thereto;
    12. Wayside parks;
    13. Parking facilities;
    14. Drainage ditches;
    15. Canals and culverts;
    16. Rest areas;
    17. Truck-weighing stations or check points; and
    18. Scenic easements and easements of light, air, view, and access.
25. “Right of way” means, generally, property or any interest therein, whether or not in the form of a strip, which is acquired for or devoted to a public road.
26. “Scenic easement” means a servitude devised to permit land to remain in private ownership for its normal agricultural, residential, or other use consistent with public road purposes but at the same time placing a control over the future uses of the area to maintain its scenic, landscape, sightly, or safety values for the public road which the land adjoins.
27. “State agency” means any division, department, instrumentality, branch, or other body of the state to which state governmental functions have been delegated.

    (27.1) “State roads” or “state routes” means those roads which are defined under paragraph (1) of Code Section 32-4-1.

28. “Subcontract” means a contract by which one agrees with a party to another contract to perform all or a part of such other contract.
29. “Underpass” means a bridge, including the approaches thereto and all appurtenances thereof, which provides access for a public road underneath a railroad or another public road or for a pedestrian walkway underneath a public road.
30. “Utility” means any publicly, privately, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil products, water, steam, clay, waste, storm water not connected with highway drainage, and other similar services and commodities, including publicly owned fire and police signals and street lighting systems, which directly or indirectly serve the public. This term also means a person, municipal corporation, county, state agency, or public authority which owns or manages a utility as defined in this paragraph.
31. “Vehicle” means a device in, upon, or by which any person or property is or may be transported or drawn upon a public road.

History. — Code 1933, § 95A-104, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1974, p. 1422, §§ 1, 2; Ga. L. 1976, p. 775, § 1; Ga. L. 1977, p. 267, § 1; Ga. L. 1979, p. 973, § 1; Ga. L. 1980, p. 590, § 4; Ga. L. 1982, p. 3, § 32; Ga. L. 1983, p. 3, § 23; Ga. L. 1993, p. 914, § 1; Ga. L. 2000, p. 136, § 32; Ga. L. 2005, p. 601, § 1/SB 160; Ga. L. 2011, p. 583, § 1/HB 137.

Law reviews. —

For survey article on construction law for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 85 (2003).

For annual survey of local government law, see 56 Mercer L. Rev. 351 (2004).

32-1-4. Institution and prosecution of criminal proceedings relating to criminal acts against department’s property.

1. As used in this Code section, the term “property of the department” means any property, whether real or personal, which is owned by or in which there is an interest held by the department.
2. Whenever it may appear to the commissioner that any person or corporation has committed, is committing, has attempted to commit, or is attempting to commit any act which is prohibited by the criminal laws of this state against, or involving in any manner whatsoever, property of the department, he may, in his discretion, transmit such evidence as may be available concerning such act to the Attorney General or to the appropriate prosecuting attorney who may, in his discretion, institute and prosecute the necessary criminal proceedings.

History. — Ga. L. 1980, p. 590, § 1.

32-1-5. Powers and duties of Attorney General under Code Section 32-1-4.

In carrying out the duties imposed by Code Section 32-1-4, the Attorney General is vested, in addition to and cumulative of the rights, powers, and duties otherwise appertaining to his office, with all of the rights, powers, duties, privileges, obligations, and immunities held by or inuring to any prosecuting attorney.

History. — Ga. L. 1980, p. 590, § 2.

Cross references. —

District attorneys, T. 15, C. 18.

Attorney General, T. 45, C. 15.

32-1-6. Effect of Code Sections 32-1-4 and 32-1-5 on other laws.

Nothing in Code Sections 32-1-4 and 32-1-5 shall limit any statutory or common-law right of the state to punish any person or corporation for the violation of any provision of any law.

History. — Ga. L. 1980, p. 590, § 3.

32-1-7. Disbursement of fines and forfeitures.

Reserved. Repealed by Ga. L. 2000, p. 951, § 2-1, effective July, 1, 2001.

Editor’s notes. —

Ga. L. 2000, p. 951, § 2-1, provided for the repeal of this Code section. Section 13-1 of that Act, not codified by the General Assembly, provides that the Act becomes fully effective July 1, 2001, but authorizes certain administrative action commencing April 28, 2000, for purposes of appointing certain officials, adopting rules and regulations, employing personnel, and preparing for and phasing in full implementation; provided, however, that the Governor may by executive order extend the date for full implementation of the Act to no later than July 1, 2003. In accordance with an executive order issued June 29, 2001, by the Governor, the repeal of this Code section by Ga. L. 2000, p. 951, became fully effective July 1, 2001.

This Code section was based on Ga. L. 1978, p. 1989, § 4; Ga. L. 1985, p. 149, § 32; Ga. L. 1992, p. 1236, § 1.

32-1-8. Construction and maintenance of private roads.

It shall be unlawful for any official, officer, or employee of the department, the State Road and Tollway Authority, the Georgia Highway Authority, or any similar authority or of any county or municipality to authorize the construction or maintenance of any private road.

History. — Code 1933, § 95A-1102, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2001, p. 1251, § 2-1.

Cross references. —

Georgia Highway Authority, § 32-10-1 et seq.

State Road and Tollway Authority, § 32-10-60 et seq.

Conflicts of interest, § 45-10-20 et seq.

32-1-9. Enforcement of title by law enforcement officers.

It shall be the duty of all state and local law enforcement officers to enforce any provision of this title which states that any act or omission is unlawful.

History. — Code 1933, § 95A-1103, enacted by Ga. L. 1973, p. 947, § 1.

32-1-10. Penalty.

1. Any person who violates any of the provisions of this title for which no specific penalty is provided, whether or not such act or omission is expressly declared elsewhere in this title to be unlawful, or who violates any of the rules and regulations issued under authority of and in accord with the provisions of this title shall be guilty of a misdemeanor; provided, however, that a violation of Code Sections 32-6-26 and 32-6-27 shall not be considered a crime.
2. In addition to the penalty provided for in subsection (a) of this Code section, the department shall have the right to enjoin any act or omission so punishable as a misdemeanor or punished otherwise as provided elsewhere in this title.

History. — Code 1933, § 95A-1101, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1978, p. 1989, § 4.

32-1-11. Construction of title.

This title shall be construed liberally to effectuate its purposes.

History. — Code 1933, § 95A-103, enacted by Ga. L. 1973, p. 947, § 1.

32-2-1. Composition of department.

The Department of Transportation shall consist of the State Transportation Board, the commissioner of transportation, the director of planning, the deputy commissioner of transportation, the chief engineer, the treasurer and the assistant treasurer of transportation, and such subordinate employees as may be deemed necessary by the commissioner or the director of planning.

History. — Ga. L. 1919, p. 242, § 1; Ga. L. 1925, p. 208, § 1; Code 1933, § 95-1503, enacted by Ga. L. 1963, p. 3, § 5; Code 1933, § 95A-301, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1994, p. 591, § 1; Ga. L. 2009, p. 976, § 1/SB 200.

32-2-2. Powers and duties of department generally.

1. The powers and duties of the department, unless otherwise expressly limited by law, shall include but not be limited to the following:
   1. The department shall plan, designate, improve, manage, control, construct, and maintain a state highway system and shall have control of and responsibility for all construction, maintenance, or any other work upon the state highway system and all other work which may be designated to be done by the department by this title or any other law. However, on those portions of the state highway system lying within the corporate limits of any municipality, the department shall be required to provide only substantial maintenance activities and operations, including but not limited to reconstruction and major resurfacing, reconstruction of bridges, erection and maintenance of official department signs, painting of striping and pavement delineators, furnishing of guardrails and bridge rails, and other major maintenance activities; and, furthermore, the department may by contract authorize and require any rapid transit authority created by the General Assembly to plan, design, and construct, at no cost to the department and subject to the department’s review and approval of design and construction, segments of the state highway system necessary to replace those portions of the system which the rapid transit authority and the department agree must be relocated in order to avoid conflicts between the rapid transit authority’s facilities and the state highway system;
   2. Except for appropriations to authorize the issuance of general obligation debt for public road work, or to pay such debt, the department shall be the state agency to receive and shall have control and supervision of all funds appropriated for public road work by the state and activities incident thereto from the net proceeds of motor fuel tax, as provided in Article III, Section IX, Paragraph VI(b) of the Constitution of Georgia and any other funds appropriated or provided for by law for such purposes or for performing other functions of the department.  If the General Assembly fails to appropriate all of the net proceeds of the motor fuel tax to the department, to the State of Georgia General Obligation Debt Sinking Fund, and to counties for public road work and activities incident thereto, any such unappropriated part of such funds, exclusive of those proceeds required by law to be provided as grants to counties for the construction and maintenance of county roads, shall be made available to the department by the state treasurer, notwithstanding any provisions to the contrary in Part 1 of Article 4 of Chapter 12 of Title 45, the “Budget Act”;
   3. The department shall provide for surveys, plans, maps, specifications, and other things necessary in designating, supervising, locating, abandoning, relocating, improving, constructing, or maintaining the state highway system or any part thereof, or any activities incident thereto, or in doing such other work on public roads as the department may be given responsibility for or control of by law;
   4. The department shall reimburse the Department of Law for expenses incurred when the Attorney General of Georgia assigns any assistant attorney general or any deputy assistant attorney general to perform specific legal services in connection with the validation of any bonds as authorized by Code Section 45-15-16 or in connection with contract lawsuits and the acquisition of rights of way for any project on the state highway system constructed or to be constructed by the department and when such services are designated by the Attorney General to include specific items of legal services involving the trial or preparation for trial of individual condemnation cases, contract lawsuits, and related matters on such project or projects, or a group or series of condemnation cases, contract lawsuits, and related matters in connection with a specific project or projects; provided, however, that no such reimbursement shall be made until the Attorney General has submitted a statement of the expenses of such legal services to the department, which statement shall include the name of the assistant attorney general performing such services, the items of legal services performed and the cost thereof, and, further, that no reimbursement shall be made for the expenses of legal services for contract lawsuits unless such services had the advance approval of the commissioner;
   5. The department shall have the authority to negotiate, let, and enter into contracts with the Georgia Highway Authority, the State Road and Tollway Authority, any person, any state agency, or any county or municipality of the state for the construction or maintenance of any public road or any other mode of transportation or for the benefit of or pertaining to the department or its employees in such manner and subject to such express limitations as may be provided by law;
   6. The department shall have the authority to negotiate and enter into reciprocal agreements and contracts with other states or agencies or subdivisions thereof concerning public roads and other modes of transportation and activities incident thereto;
   7. The department and the State Road and Tollway Authority shall be the proper agencies of the state to discharge all duties imposed on the state by any act of Congress allotting federal funds to be expended for public road and other transportation purposes in this state. The department shall have the authority to accept and use federal funds; to enter into any contracts or agreements with the United States or its agencies or subdivisions relating to the planning, financing, construction, improvement, operation, and maintenance of any public road or other mode or system of transportation; and to do all things necessary, proper, or expedient to achieve compliance with the provisions and requirements of all applicable federal-aid acts and programs. Nothing in this title is intended to conflict with any federal law; and, in case of such conflict, such portion as may be in conflict with such federal law is declared of no effect to the extent of the conflict;
   8. The department shall have the authority to exercise the right and power of eminent domain and to purchase, exchange, sell, lease, or otherwise acquire or dispose of any property or any rights or interests therein for public road and other transportation purposes or for any activities incident thereto, subject to such express limitations as are provided by law;
   9. The department and its authorized agents and employees shall have the authority to enter upon any lands in the state for the purpose of making such surveys, soundings, drillings, and examinations as the department may deem necessary or desirable to accomplish the purposes of this title; and such entry shall not be deemed a trespass, nor shall it be deemed an entry which would constitute a taking in a condemnation proceeding, provided that reasonable notice is given the owner or occupant of the property to be entered and that such entry shall be done in a reasonable manner with as little inconvenience as possible to the owner or occupant of the property;
   10. In locating, relocating, constructing, improving, or maintaining any road on the state highway system, the department shall have the authority to control or limit access thereto, including the authority to close off or regulate access from any part of any public road on a county road system or municipal street system to the extent necessary in the public interest;
   11. The department shall have the authority to construct and to perform substantial maintenance of public roads within the boundaries of state parks and on main access roads leading into such parks;
   12. 1. The department shall have the authority to formulate, promulgate, and enforce rules and regulations setting minimum safety standards for bridges on federal-aid public roads and to inspect and close any bridge on any such public road which does not comply with the minimum standards set by the department and which the department determines is unsafe for public travel. No new bridge shall be constructed on any such public road without there first having been obtained a permit for its construction from the department, such permit to be issued only where the proposed bridge will meet the minimum standards set by the department.
       2. The department may inspect and determine the maximum load, weight, and other vehicular dimensions which can be safely transported over each bridge on the state highway system and may post on each such bridge a legible notice showing such maximum safe limits. It shall be unlawful for any person to haul, drive, or bring onto any bridge any vehicle, load, or weight which in any manner exceeds the maximum limits so ascertained and posted on such bridge;
   13. The department shall have the authority to establish, maintain, and operate ferries as part of a public road and to authorize and issue permits for any state agency, any county or municipality, or any private person to establish, maintain, and operate ferries as part of a public road whenever, in the discretion of the department, such ferries are reasonably necessary and in the best interest of the public. All such ferries shall be operated subject to such rules and regulations as the department may adopt to protect the public interest, and the authorization of any such ferry may be revoked whenever, in the discretion of the department, its continued operation is no longer necessary or in the best interest of the public;
   14. The department shall have those duties and powers in regard to programs relating to the Metropolitan Atlanta Rapid Transit Authority established by subsection (i) of Section 8 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), particularly as amended by Section 5 of an Act approved March 16, 1971 (Ga. L. 1971, p. 2092);
   15. Reserved;
   16. Reserved;
   17. 1. Subject to general appropriations for such purposes, the department is authorized to plan for and establish a long-term policy in regard to the establishment, development, and maintenance of aviation and aviation facilities in the state; to promote and encourage the use of aviation facilities of the state for air commerce in the state, between the state and other states, and between the state and foreign countries; to cooperate with, counsel, and advise political subdivisions of the state and other departments, boards, bureaus, commissions, agencies, or establishments, whether federal, state, local, public, or private, for the purpose of promoting and obtaining coordination in the planning for and in the establishment, development, construction, maintenance, and protection of a system of air routes, airports, landing fields, and other aviation facilities in the state.
       2. Subject to general appropriations for such purposes, the department is authorized to construct or to contract with any state agency, political subdivision, authority, or person for the construction of airports and of facilities and appurtenances incident to their operation. The authority and limitations of Article 4 of this chapter pertaining to department contracts and subcontracts for construction of public roads shall likewise apply to such airport construction contracts; provided, however, that such a contract when negotiated with a political subdivision shall not be subject to the limitation of subparagraph (d)(1)(A) of Code Section 32-2-61 pertaining to the average bid price for the 60 day period preceding the making of the contract. Article 1 of Chapter 3 and Chapter 7 of this title shall apply to the acquisition or disposition of land or interests therein for such airport construction.
       3. Subject to general appropriations for such purposes, the department is authorized to establish air markers at appropriate locations throughout the state to facilitate air navigation within the state. Said markers shall consist of painting on appropriately located roofs of buildings the names of towns or cities within which such buildings are located, such names to be painted in sufficient size to be legible under good visibility conditions from a height of at least 3,000 feet. The department is authorized to obtain roof releases from the owners of buildings upon which air markers are to be painted or otherwise to obtain permission from such owners to use such roofs for such purposes and to pay the owners reasonable and nominal rentals therefor if such payment is necessary in order to obtain the appropriate permission for the use of such roofs for such purposes.
       4. Subject to general appropriations for such purposes, the department is authorized to maintain or to control for the maintenance of department owned or department leased airports, their facilities, and appurtenances incident to their operation. The authority and limitations of Article 4 of this chapter pertaining to contracts and subcontracts for maintenance of public roads shall likewise apply to such contracts for the maintenance of such department owned or department leased airports, provided that such a contract when negotiated with a political subdivision shall not be subject to the limitation of subparagraph (d)(1)(A) of Code Section 32-2-61 pertaining to the average bid price for the 60 day period preceding the making of the contract;
   18. 1. Subject to general appropriations and any provisions of Chapter 5 of this title to the contrary notwithstanding, the department is authorized within the limitations provided in subparagraph (B) of this paragraph to provide to municipalities, counties, authorities, and state agencies financial support by contract for clearing, dredging, or maintaining free from obstructions and for the widening, deepening, and improvement of the ports, seaports, or harbors of this state.
       2. 1. Municipalities, counties, authorities, or state agencies may, by formal resolution, apply to the department for financial assistance provided by this paragraph.
          2. The department shall review the proposal and, if satisfied that the proposal is in accordance with the purposes of this paragraph, may enter into a contract for expenditure of funds.
          3. The time of payment and any conditions concerning such funds shall be set forth in the contract.
       3. In addition to subparagraph (A) of this paragraph and subject to general appropriations for such purposes, the department with its own forces or by contract may clear, dredge, or maintain free from obstruction and may widen, deepen, and improve the ports, seaports, or harbors of this state;
   19. Code Sections 32-3-1 and 32-6-115 notwithstanding, the department may by contract grant to any rapid transit authority created by the General Assembly, under such terms and conditions as the department may deem appropriate, the right to occupy or traverse a portion of the right of way of any road on the state highway system by or with its mass transportation facilities. Furthermore, the department may by contract lease to the rapid transit authority, under such terms and conditions as the department may deem appropriate, the right to occupy, operate, maintain, or traverse by or with its mass transportation facilities any parking facility constructed by the department. Notwithstanding Code Section 48-2-17, all net revenue derived from the lease shall be utilized by the department to offset the cost of constructing any parking facility. Regardless of any financial expenditures by the rapid transit authority, no right of use or lease granted under this paragraph shall merge into or become a property interest of the rapid transit authority. Upon the transfer of the title of the mass transportation facilities to private ownership or upon the operation of the rapid transportation facilities for the financial gain of private persons, such rights granted by the department shall automatically terminate and all rapid transportation facilities shall be removed from the rights of way of the state highway system; and
   20. The department, in consultation with the Georgia Technology Authority, shall have the authority to plan for, establish, and implement a long-term policy with regard to the use of the rights of way of the interstate highways and state owned roads for the establishment, development, and maintenance of the deployment of broadband services and other emerging communications technologies throughout the state by public or private providers, or both. The department shall be authorized to promote and encourage the use of such rights of way of the interstate highways and state owned roads for such purposes to the extent feasible and prudent. All net revenues from the use, lease, or other activities in such rights of way in excess of any project costs, that are not subject to the jurisdiction of the Federal Highway Administration or that are not otherwise restricted by any federal laws, rules, or regulations, shall be paid into the general fund of the state treasury subject to any restrictions imposed by the Federal Highway Administration. It is the intention of the General Assembly, subject to the appropriation process, that a portion of the amount so deposited into the general fund of the state treasury be appropriated each year to programs to be administered by the Georgia Technology Authority, the Department of Community Affairs, and other state agencies as provided in Chapter 40 of Title 50 to be used to promote and provide broadband services throughout the state.
2. In addition to the powers specifically delegated to it in this title, the department shall have the authority to perform all acts which are necessary, proper, or incidental to the efficient operation and development of the department and of the state highway system and of other modes and systems of transportation; and this title shall be liberally construed to that end. Any power vested by law in the department but not implemented by specific provisions for the exercise thereof may be executed and carried out by the department in a reasonable manner pursuant to such rules, regulations, and procedures as the department may adopt and subject to such limitations as may be provided by law.

History. — Ga. L. 1919, p. 242, art. 3, §§ 3, 5; Ga. L. 1919, p. 242, art. 4, §§ 1-3; Ga. L. 1919, p. 242, art. 6, § 3; Ga. L. 1922, p. 176, § 1; Ga. L. 1929, p. 260, § 2; Code 1933, §§ 95-1502, 95-1504, 95-1701, 95-1702, 95-1703, 95-1710, 95-1715, 95-1724; Code 1933, §§ 95A-302, 95A-303, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1974, p. 1422, §§ 6-9; Ga. L. 1975, p. 98, §§ 1, 2; Ga. L. 1976, p. 416, § 1; Ga. L. 1976, p. 775, § 2; Ga. L. 1979, p. 973, §§ 2, 3; Ga. L. 1980, p. 773, § 1; Ga. L. 1982, p. 3, § 32; Ga. L. 1983, p. 3, § 56; Ga. L. 1986, p. 10, § 32; Ga. L. 1991, p. 1355, § 1; Ga. L. 1993, p. 1402, § 18; Ga. L. 2000, p. 951, § 2-2; Ga. L. 2001, p. 1251, § 1-1; Ga. L. 2009, p. 848, § 2/SB 85; Ga. L. 2010, p. 863, § 3/SB 296; Ga. L. 2018, p. 629, § 2-1/SB 402.

The 2018 amendment, effective May 7, 2018, deleted “and” at the end of subparagraph (a)(18)(C), substituted “; and” for the period at the end of paragraph (a)(19), and added paragraph (a)(20).

Cross references. —

Aviation authority, T. 6, C. 5.

Further provisions regarding powers and duties of department as regards aviation, §§ 6-1-1 , 6-1-2 .

Powers and duties of department with regard to construction of bicycle trails and bikeways, § 12-3-115 .

Erosion and sediment control plan prepared, § 12-7-7.1 .

Motor fuel and road taxes, T. 48, C. 9.

Powers and duties of department regarding welcome centers on federal highways, and installation and operation of vending machines at such centers, § 50-7-12 et seq.

Powers and duties of department with regard to intracoastal waterway, T. 52, C. 3.

Code Commission notes. —

Pursuant to Code Section 28-9-5, in 1985, periods were substituted for semicolons at the end of subparagraphs (a)(12)(A), (a)(17)(A)-(a)(17)(C), (a)(18)(A) and subdivisions (a)(18)(B)(i)-(a)(18)(B)(iii); and “subparagraph (d)(1)(A)” was substituted for “subparagraph (A) of paragraph (1) of subsection (a)” in subparagraphs (a)(17)(B) and (a)(17)(D).

Pursuant to Code Section 28-9-5, in 1987, “property” was substituted for “porperty” in paragraph (a)(9) and, in subparagraph (a)(17)(A), “and aviation” was added following the first “aviation” and “and aviation” was deleted following the second “aviation”.

Pursuant to Code Section 28-9-5, in 1994, in subsection (a), “contract lawsuits,” was substituted for “contract lawsuits” near the middle of paragraph (a)(4) and “or private,” was substituted for “or private” near the end of subparagraph (a)(17)(A).

Pursuant to Code Section 28-9-5, in 2018, “Chapter 40” was substituted for “Chapter 39” near the end of paragraph (a)(20).

Editor’s notes. —

Ga. L. 2018, p. 629, § 1-1/SB 402, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Achieving Connectivity Everywhere (ACE) Act.’ ”

32-2-3. Development of transportation plans; public hearings; approval of plans by board; promulgation of rules and regulations.

1. As used in this Code section, the term:
   1. “Comprehensive plan” means the major transportation facilities described in this Code section as well as collectors and interconnecting routes within or between standard metropolitan areas, urban areas, and rural areas.
   2. “Local governing body” means the governing body of the city, town, municipality, county, or other local governing unit or authority in the area in which the transportation facility will be located.
   3. “Major transportation facility” means:
      1. Any facility primarily designed to transport people or goods rapidly and efficiently, including but not limited to air transport facilities, railroads, bus services, terminals, freeways, expressways, arterial highways, belt highways, and port facilities; or
      2. Any facility or facilities utilized in providing a mass transit system for a standard metropolitan area or urban area.
   4. “Standard metropolitan area” means a county or group of contiguous counties or parts thereof as designated by the department which contains at least one central city of 50,000 inhabitants or more as determined by the latest available federal census or such other population estimate as may be provided by law.
   5. “Transportation corridor” means a strip of land between two termini or central points within which travel, topography, land uses, environment, and other characteristics are evaluated for transportation purposes.
   6. “Urban area” means an area including and adjacent to a municipality and other urban centers having a population of 5,000 or more as determined by the latest available federal census or such other population estimates as may be provided by law within boundaries to be fixed by the department.
2. 1. The department in conjunction with the affected local governmental bodies, regional planning agencies, and other appropriate state and federal agencies shall develop:
      1. A comprehensive, state-wide, 20 year transportation plan;
      2. A comprehensive transportation plan for all standard metropolitan areas and those areas which the department determines, based upon population projections, will become a standard metropolitan area within 20 years, such plan to supplement and be compatible with the state-wide transportation plan; and
      3. Comprehensive plans for regions and urban areas as such plans are deemed necessary by the department.
   2. Priority for developing comprehensive plans shall be given to areas in which the need for construction of major transportation facilities is anticipated.
   3. In developing comprehensive transportation plans, the department shall take into account:
      1. Future as well as present needs;
      2. All possible alternative modes of transportation;
      3. The joint use of transportation corridors and major transportation facilities for alternate transportation and community uses;
      4. The integration of any proposed system into all other types of transportation facilities in the community or region;
      5. The coordination with other development plans in the community and region so as to facilitate and synchronize growth; and
      6. The total environment of the community and region including land use, state and regional development goals and decisions, population, travel patterns, traffic control features, ecology, pollution effects, esthetics, safety, and social and community values.
3. In order to ensure an integrated transportation system, the planning, location, and design of transportation facilities shall be coordinated with the appropriate planning agencies and the affected local governmental bodies.
4. 1. The department may adopt local or regional transportation plans as part of or in lieu of the department’s plan.
   2. The department may develop and design plans for arterial and collector roads and streets, vehicular parking areas, other transportation modes and facilities, and other support facilities which are consistent with the department’s comprehensive transportation plans. The department may render to local governmental bodies or their planning agencies such technical assistance and services as are necessary so that local plans and facilities are coordinated with the department’s plans and facilities.
5. The department shall develop systematic techniques for considering those factors to be used in developing comprehensive plans pursuant to subsection (b) of this Code section so that all transportation facilities are so planned that they will function as integral parts of the overall plan for community, regional, and state development as portrayed in the comprehensive plans; and these plans shall be updated at reasonable intervals so as to maintain a viable plan for a 20 year planning period.
6. 1. The department shall, pursuant to its rules and regulations, hold planning hearings at the appropriate state, regional, or local level, at which time the comprehensive transportation plans included in subsection (b) of this Code section shall be presented for discussion and comment.
   2. The department shall, pursuant to its rules and regulations, hold hearings at the appropriate regional or local level for major transportation facilities, or as required by federal law, as follows:
      1. A facility, site, or project corridor hearing, at a time after the selection of the type or types of transportation facility or facilities to be constructed and prior to the final selection of the specific site or corridor of the proposed facility; and
      2. A design hearing, at a time prior to the department’s commitment to a specific design proposal for the facility or facilities.
   3. These public hearings shall be conducted so as to provide an opportunity for effective participation by interested persons in transportation policy decisions, the process of transportation planning, modal selections, and site and route selection, and the specific location and design of major transportation facilities. The various factors involved in the decision or decisions and any alternative proposals shall be clearly presented so that the persons attending the hearing may present their views relating to the decision or decisions which will be made. The facility, site, or project corridor hearing and the design hearing for a proposed facility or facilities may be held simultaneously to satisfy the requirements of this subsection.
   4. 1. The department may satisfy the requirements for a public hearing by holding a public hearing or by publishing two notices of opportunity for public hearing in a newspaper having general circulation in the vicinity of the proposed undertaking and holding a public hearing if any written requests for such a hearing are received. The procedure for requesting a public hearing shall be explained in the notice. The deadline for submission of such a request may not be less than 21 days after the publication of the first notice of opportunity for public hearing and no less than 14 days after the date of publication of the second notice of opportunity for public hearing.
      2. A copy of the notice of opportunity for public hearing shall be furnished at the time of publication to the United States Department of Transportation, the appropriate departments of state government, and affected local governments and planning agencies. If no requests are received in response to a notice within the time specified for the submission of requests, the department shall be deemed to have met the hearing requirements.
      3. The opportunity for another public hearing shall be afforded in any case when proposed locations or designs are changed from those presented in the notices specified in this paragraph or at a public hearing so as to have a substantially different transportation service, social, economic, or environmental effect.
      4. The opportunity for a public hearing shall be afforded in each case in which the department is in doubt as to whether a public hearing is required.
   5. 1. When a public hearing is to be held, two notices of such hearing shall be published in a newspaper having general circulation in the vicinity of the proposed undertaking. The first notice shall be published no less than 30 days prior to the date of the hearing and the second notice shall be published no less than five days prior to the date of the hearing.
      2. Copies of the notice for public hearing shall be mailed to the United States Department of Transportation, appropriate departments of state government, and affected local governments and planning agencies.
7. All long-range comprehensive transportation plans developed pursuant to this Code section shall be submitted to the board for its approval or disapproval.
8. The department shall promulgate any rules and regulations, consistent with its practices, that it deems necessary in order to implement this title.

History. — Ga. L. 1972, p. 1215, §§ 1-7; Code 1933, § 95A-205, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1982, p. 3, § 32; Ga. L. 1985, p. 149, § 32; Ga. L. 1986, p. 796, § 1; Ga. L. 2001, p. 4, § 32.

Code Commission notes. —

Pursuant to Code Section 28-9-5, in 1985, periods have been substituted for semicolons at the end of subparagraph (b)(1)(C) and paragraph (b)(2).

Pursuant to Code Section 28-9-5, in 1986, “shall” was substituted for “will” following “Code section” in paragraph (f)(1).

32-2-4. Information for traveling public.

In order to provide information in the specific interest of the traveling public, the department is authorized to maintain maps and to permit informational directories and advertising pamphlets to be made available at safety rest areas and to establish information centers at safety rest areas for the purpose of informing the public of places of interest within the state and providing such other information as may be considered desirable.

History. — Ga. L. 1967, p. 423, § 14; Code 1933, § 95A-933, enacted by Ga. L. 1973, p. 947, § 1.

Cross references. —

Camping at rest areas, § 32-6-6 .

Installation and operation of vending machines in safety rest areas, § 32-6-116 .

32-2-4.1. Gateway Center safety rest area and information center.

1. Notwithstanding any other provision of law to the contrary, the department may acquire, construct, operate, and maintain a demonstration safety rest area and information center in Cobb County. For purposes of this Code section, the safety rest area and information center shall be known as the “Gateway Center,” but the State Transportation Board may name or designate the center in its discretion. In addition to the powers provided in this Code section, cumulatively, the department shall have the same powers with respect to Gateway Center which the department otherwise enjoys with respect to safety rest areas, information centers, and welcome centers.
2. The purpose of Gateway Center shall be to act as a “gateway” to all of Georgia. Toward that end it shall provide information, goods, and services which assist road travelers and tell them about Georgia. The center may have any facility and provide any service which furthers those purposes, including by way of illustration, but not limitation:
   1. Playground equipment;
   2. Recreation areas;
   3. Indoor and outdoor eating areas;
   4. Restaurant, snack bar, and other facilities for purveying food and beverage;
   5. Vending machines;
   6. Gift, novelty, and souvenir shops;
   7. Advertising;
   8. Information kiosks;
   9. Multimedia displays;
   10. Communication services, such as computer Internet connections;
   11. Parking; and
   12. Markets.

       The prices charged for any service or product shall approximate the prevailing rate within the area for similar items so as not to compete unfairly with private enterprise.

3. The department may establish a business plan for self-sufficient operation of Gateway Center and may retain for its improvement, maintenance, and operation all miscellaneous funds generated by its operation. Funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury. Further, nothing in this Code section may be construed to allow the department to retain any funds required by the Constitution of Georgia to be paid into the state treasury. Except with respect to Code Section 45-12-92 concerning miscellaneous funds, the department must also comply with Part 1 of Article 4 of Chapter 12 of Title 45, the “Budget Act,” in regard to the fiscal operation of the center.
4. By competitive process or negotiation, in its discretion, the department may contract, rent, license, allow, delegate, or otherwise act to cause private persons, public instrumentalities, and entities and units of state and local government to conduct the activities of the center. The department may accept monetary payments in return for rights and privileges, and it may also accept in-kind consideration, which supports the purposes of this Code section. The agreements under this Code section may allow the second parties to produce and retain revenue and may have a term not exceeding 50 years, whether the party is public or private. However, in no event may the department abrogate its ultimate responsibility or convey the fee, an estate for years, or any other interest in the real property of Gateway Center for the purposes of this Code section.
5. Gateway Center may be a “welcome center, tourist center, and safety rest area” for purposes of Code Section 49-9-42, and the preference given by Code Sections 49-9-41 and 49-9-42 shall apply to and affect Gateway Center.
6. Gateway Center shall be a “safety rest area and welcome center” for purposes of Code Section 35-2-32, and the Uniform Division of the Department of Public Safety may have jurisdiction to patrol Gateway Center for the purposes stated in that Code section.
7. The department may pay the costs of Gateway Center from any lawful fund source, if it can comply with requirements of the fund source and this Code section. Possible sources may include, without limitation, miscellaneous funds from operation, gift, appropriation, proceeds of general obligation debt, funds of cooperating local governments and authorities, and grants by the United States or any agency or instrumentality thereof.

History. — Code 1981, § 32-2-4.1 , enacted by Ga. L. 1998, p. 1675, § 1; Ga. L. 2000, p. 1153, § 6; Ga. L. 2012, p. 303, § 6/HB 1146.

32-2-5. Actions by or against department.

1. The department shall have the authority to bring actions; and it may be sued in such actions as are permitted by law. In addition, the department may adjust and make settlement of any and all claims presented to it under oath.
2. All actions brought ex contractu by or against the department shall be brought in a county where any part of the work is to be or has been performed. All other actions by or against the department shall be brought in the county in which the cause of action arose. Service upon the department shall be sufficient by serving a second original process issued from the county where the action is filed upon the commissioner personally or by leaving a copy of the same in the office of the commissioner in the Department of Transportation Building, Atlanta, Georgia.

History. — Ga. L. 1919, p. 242, art. 6, § 3; Ga. L. 1925, p. 208, § 4; Code 1933, § 95-1505; Code 1933, § 95A-304, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1974, p. 1422, § 10.

Law reviews. —

For article surveying contracts — legislation, see 34 Mercer L. Rev. 71 (1982).

For note analyzing sovereign immunity in this state and proposing implementation of a waiver scheme and creation of a court of claims, pursuant to the Georgia Constitution, see 27 Emory L.J. 717 (1978).

32-2-6. Liability of department for actions against counties; procedure to institute actions.

1. The department shall defend any action and be responsible for all damages awarded therein in any court of this state against any county under existing laws whenever the cause of action accrues on a public road which at the time of accrual had been designated by the department as a part of the state highway system; provided, however, that no action may be brought under this Code section until the construction of the public road on which the injury complained of occurred has been completed and such public road has been officially opened to traffic as provided in subsection (b) of this Code section. When any such action is brought against a county in any court of this state, it shall be the duty of the plaintiff to provide for service of notice of the pendency of such action against the county upon the department by providing for service of a second original process, issued from the court where the action is filed, upon the commissioner personally or by leaving a copy of the same in the office of the commissioner in the Department of Transportation Building, Atlanta, Georgia. The service of process in such action upon the county shall not be perfected until such second original process has been served as provided in this Code section. The department shall also have the right and authority to defend, adjust, and settle in the name of such county and on its behalf any claim for damages for which the department ultimately may be liable under this Code section.
2. A public road shall be officially opened to traffic within the meaning of this Code section on the date that the department gives written notice of final acceptance of such work to the contractor or political subdivision performing the work on such road or otherwise in writing acts so as to open the road to traffic by the general public.

History. — Code 1933, § 95A-305, enacted by Ga. L. 1973, p. 947, § 1.

Law reviews. —

For article surveying developments in Georgia local government law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 187 (1981).

For article surveying developments in Georgia torts law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 247 (1981).

32-2-7. Compensation for employees injured in line of duty.

1. As used in this Code section, the term “external violence, accident, or injury” means any act of violence, an accident, or an injury that is caused by a person other than:
   1. One who is an employee of the department; or
   2. One who is an employee of a contractor or subcontractor performing duties under a contract with the department.
2. Any employee of the department who, on or after July 1, 1987, is injured in the line of duty by an act of external violence, accident, or injury shall be entitled to receive compensation as provided in this Code section. Going to and from work shall not be considered in the line of duty. For the purposes of this Code section, “line of duty” means working in the proximity of traffic movements or equipment movements doing maintenance, construction, or other activities which may be construed as hazardous.
3. An employee injured in the line of duty as provided in subsection (b) of this Code section shall continue to receive his regular compensation for the period of time that the employee is physically unable to perform the duties of his employment; provided, however, that such benefits provided in this Code section shall not be granted for injuries resulting from a single incident for more than a total of 180 working days. An employee shall be required to submit to his department head satisfactory evidence of such disability.
4. Benefits made available under this Code section shall be subordinate to any workers’ compensation benefits for which the employee is eligible and shall be limited to the difference between the amount of available workers’ compensation benefits and the amount of the employee’s regular compensation.

History. — Code 1981, § 32-2-7 , enacted by Ga. L. 1987, p. 390, § 1.

32-2-8. Department to fly POW-MIA flag at interstate rest areas.

The Department of Transportation shall fly the POW-MIA flag year-round at each of the rest areas along interstate highways in this state. The department is authorized to place a plaque at each rest area to indicate Georgia’s appreciation of the sacrifices of prisoners of war and those missing in action and their families.

History. — Code 1981, § 32-2-8 , enacted by Ga. L. 2001, p. 485, § 1.

Code Commission notes. —

Pursuant to Code Section 28-9-5, in 2001, “year-round” was substituted for “year round” in the first sentence.

32-2-20. Composition of board; qualifications of members; terms of office; selection of members; filling of vacancies; officers; meetings; compensation.

1. The State Transportation Board shall be composed of one member to be chosen from each congressional district of the state in the manner provided in subsection (b) of this Code section. Each member of the board shall be a resident of the congressional district which he or she represents. In the event any person who is an officer, agent, official, or employee of the state or of any county, municipality, or other political subdivision thereof or who is a member of the General Assembly is appointed or elected as a member of the board, such person must resign as such officer, agent, official, employee, or member prior to taking office as a member of the board.
2. Each member shall be elected to serve for a term of five years and until his or her successor is duly elected and certified. The member of the board from each congressional district shall be elected by a majority vote of the members of the House of Representatives and Senate whose respective districts are embraced or partly embraced within such congressional district, meeting in caucus at the regular session of the General Assembly immediately preceding the expiration of the term of office of each such board member. Said caucus shall be called at the state capitol by the Speaker of the House of Representatives and the President of the Senate within the first ten days of the convening of the General Assembly in regular session by mailing to the members of the General Assembly who are affected written notice at least four days before the caucus, which notice shall state the time, place, and purpose of said caucus. Within 15 days after each such election, the Speaker of the House and the President of the Senate shall jointly transmit a certificate of such election to the Secretary of State who, upon receipt thereof, shall immediately issue his or her commission thereon, with the great seal of the state affixed thereto. Any member of the board shall be subject to recall at any time by a majority vote of the legislative caucus that elected the member.
3. In the event that any vacancy for any cause shall occur in the membership of the board during any regular session of the General Assembly, the remainder of the unexpired term shall be filled by a member elected by a majority vote of those members of the General Assembly whose respective districts are embraced or partly embraced within the congressional district where the vacancy occurred, in the same manner as provided in subsection (b) of this Code section for the election of board members. In the event that any vacancy for any cause shall occur in the membership of the board while the General Assembly is not in session, the remainder of the unexpired term shall be filled by a member elected by a majority vote of those members of the General Assembly whose respective districts are embraced or partly embraced within the congressional district where the vacancy occurred, at a meeting which shall be called by the Speaker of the House of Representatives and the President of the Senate at some convenient location and in the manner provided in subsection (b) of this Code section for the election of board members.
4. The board shall, by majority vote of those members present and voting at regular sessions, elect from their number a chairman and vice-chairman who shall serve at the pleasure of the board. In like manner, the board shall also elect a secretary, who need not necessarily be a member of the board, and who shall also serve at the pleasure of the board.
5. The board shall meet in regular session at least one day each month, at least nine of which regular sessions are to be held at the headquarters of the Department of Transportation in Atlanta, and at such other special meetings as may be called by the commissioner, by the chairman, or by a majority of the members of the board upon reasonable written notice to all members of the board. Further, the chairman of the board or the commissioner is authorized from time to time to call meetings of committees of the board which are established by board policy; and to require the attendance of a member or members of the board at places inside or outside the state when, in the opinion of the chairman or the commissioner, the member or members of the board are needed to attend properly to the department’s business. A majority of the board shall constitute a quorum for the transaction of all business including election or removal of the commissioner. Except as otherwise provided in this title, any power of the board may be exercised by a majority vote of those members present at any meeting at which there is a quorum.
6. The members of the board shall receive no salary but shall receive for each day of actual attendance at meetings of the board and the committee meetings the per diem and transportation costs prescribed in Code Section 45-7-21. A like sum shall be paid for each day actually spent in studying the transportation needs of the state or attending other functions as a representative of the board, not to exceed 60 days in any calendar year. No per diem shall be paid for meetings of the board conducted by conference call. In addition, they shall receive actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile in connection with such attendance and road study. Such per diem and expense shall be paid from funds appropriated to the department upon presentation, by members of the board, of vouchers approved by the chairperson and signed by the secretary.

History. — Ga. L. 1919, p. 242, art. 3, § 2; Ga. L. 1921, p. 199, §§ 6, 7; Code 1933, §§ 95-1601, 95-1602, 95-1603, 95-1605; Ga. L. 1950, p. 62, § 4; Ga. L. 1951, p. 31, § 1; Ga. L. 1958, p. 624, § 1; Ga. L. 1963, p. 3, § 1; Ga. L. 1963, p. 282, § 1; Ga. L. 1967, p. 151, § 1; Ga. L. 1968, p. 1055, § 1; Code 1933, § 95A-306, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1974, p. 1422, § 11; Ga. L. 1975, p. 833, § 1; Ga. L. 1990, p. 296, § 1; Ga. L. 1995, p. 1041, § 1; Ga. L. 1996, p. 6, § 32; Ga. L. 2009, p. 976, § 2/SB 200; Ga. L. 2010, p. 818, § 1/SB 520; Ga. L. 2011, p. 752, § 32/HB 142.

Cross references. —

State Transportation Board, Ga. Const. 1983, Art. IV, Sec. IV.

Legal mileage rate, § 50-19-7 .

32-2-21. Powers and duties of board generally.

The board shall be charged with the general control and supervision of the department. In the exercise of such general control and supervision, the board shall have such duties, powers, and authority as are expressly vested in it by this title, including but not limited to:

1. Designation of public roads on the state highway system;
2. Approval of negotiated construction contracts, of authority lease agreements, or of the advertising of nonnegotiated construction contracts; and
3. Approval of all long-range plans and programs of the department.

History. — Ga. L. 1925, p. 208, § 3; Code 1933, § 95-1606; Ga. L. 1950, p. 62, § 6; Code 1933, § 95A-307, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1994, p. 591, § 2; Ga. L. 2009, p. 976, § 3/SB 200.

Cross references. —

State Transportation Board, Ga. Const. 1983, Art. IV, Sec. IV.

32-2-22. Definitions; responsibilities of director and Planning Division; approval of program and plan.

1. As used in this chapter and in Article 2 of Chapter 5 of this title, the term:
   1. “Director” means the director of planning provided for by Code Section 32-2-43.
   2. “Division” means the Planning Division of the department provided for by paragraph (4) of subsection (b) of Code Section 32-2-41.
   3. “Metropolitan planning organization” means the forum for cooperative transportation decision making for a metropolitan planning area.
   4. “Metropolitan transportation plan” means the official intermodal transportation plan that is developed and adopted through the metropolitan transportation planning process for a metropolitan planning area.
   5. “Nonmetropolitan area” means a geographic area outside the designated metropolitan planning areas.
   6. “State-wide strategic transportation plan” means the official, intermodal, comprehensive, fiscally constrained transportation plan which includes projects, programs, and other activities to support implementation of the state’s strategic transportation goals and policies. This plan and the process for developing the plan shall comply with 23 C.F.R. Section 450.104.
   7. “State-wide transportation improvement program” means a state-wide prioritized listing of transportation projects covering a period of four years that is consistent with the state-wide strategic transportation plan, metropolitan transportation plans, and transportation improvement programs and required for multi-modal projects to be eligible for funding under Title 23 U.S.C. and Title 49 U.S.C. Chapter 53.
   8. “Transportation improvement program” means a prioritized listing of transportation projects covering a period of four years that is developed and formally adopted by a metropolitan planning organization as part of the metropolitan transportation planning process, consistent with the metropolitan transportation plan, and required for projects to be eligible for funding under Title 23 U.S.C. and Title 49 U.S.C. Chapter 53.
2. The director and the division shall:
   1. Review and make recommendations to the Governor concerning all proposed regional land transportation plans and transportation improvement programs and negotiate with the propounder of the plans concerning changes or amendments which may be recommended by the department or the Governor, consistent with applicable federal law and regulation;
   2. Review any transportation projects proposed by the department and adopt, remove, or otherwise include such projects as all or a portion of department plans, consistent with applicable federal law and regulation;
   3. Develop the state-wide strategic transportation plan and the state-wide transportation improvement program and support the various transportation improvement programs;
   4. Develop an annual capital construction project list to be reviewed by the Governor and submitted to the General Assembly for consideration in the budget;
   5. Promulgate rules and regulations necessary to carry out its duties under the provisions of this title. The division shall report the content of such rules or regulations to the Transportation Committees of the Senate and House of Representatives for their approval by majority vote prior to the promulgation thereof; and
   6. Do all things necessary or convenient to carry out the powers expressly given in this Code section.
3. After review and approval by the Governor, the state transportation improvement program and the state-wide strategic transportation plan shall be submitted to the State Transportation Board for approval.

History. — Code 1981, § 32-2-22 , enacted by Ga. L. 2009, p. 976, § 4/SB 200.

32-2-40. Selection of commissioner of transportation; term; vacancy; bond; other elective office.

1. The commissioner of transportation shall be the chief executive officer of the department.
2. The commissioner, his successor, and each succeeding commissioner thereafter shall be selected by a vote of the majority of the total number of members of the board. At the time of said vote, the board shall stipulate the term the commissioner shall serve, and said commissioner shall serve during the stipulated term and until his successor is selected by the board and duly qualified. The board shall stipulate one of the following to be the term of the commissioner:
   1. The commissioner shall serve at the pleasure of the board; or
   2. The commissioner shall serve any term specified by the board up to and including a maximum of four years; however, the board shall not specify a term of office that extends beyond the end of the term of the Governor in office at the time the commissioner’s term is scheduled to begin.
3. If the board stipulates that the commissioner shall serve under the provisions of paragraph (2) of this subsection, upon a vote of the majority of the total members of the board, the commissioner shall be subject to removal by the board for just cause after reasonable notice, copy of charge, hearing, and opportunity for presentation of evidence. In the event of a vacancy in the office of the commissioner by reason of resignation, removal, death, or permanent incapacity and inability to perform the duties of the office, the deputy commissioner shall become acting commissioner to serve until such time as the board at any regular or called meeting selects a new commissioner to fill the unexpired term of office created by such vacancy.
4. The commissioner shall qualify, upon selection, by executing a bond in the amount of $100,000.00 with a corporate surety licensed to do business in this state and payable to the Governor and his successors in office, such bond to be approved by the Governor and conditioned on the faithful discharge of his duties as commissioner. The premium of such bond shall be paid from funds of the department.
5. The commissioner shall devote full time and attention to the duties and responsibilities of his office. No person who serves as commissioner shall be eligible, except as hereinafter provided in this subsection, to qualify as a candidate in any primary, special, or general election for any state or federal elective office nor to hold any such office, except as hereinafter provided in this subsection, during the time he serves as commissioner and for a period of 12 months after the date he ceases to serve as commissioner. However, nothing contained in this subsection shall prevent the commissioner from being appointed to any other office nor disqualify him from running in any election to succeed himself in any office to which he was appointed nor to hold such office in the event he is elected thereto and otherwise qualified therefor; provided, however, that the commissioner shall resign as commissioner of transportation before accepting any such appointive office.

History. — Code 1933, § 95A-308, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1983, p. 400, § 1.

Cross references. —

Official bonds generally, T. 45, C. 4.

32-2-41. Powers, duties, and authority of commissioner; establishment of divisions.

1. As the chief executive officer of the department, the commissioner shall have direct and full control of the department. He or she shall possess, exercise, and perform all the duties, powers, and authority which may be vested in the department by law, except those duties, powers, and authority which are expressly reserved by law to the board or the director of planning. The commissioner’s principal responsibility shall be the faithful implementation of transportation plans produced by the director of planning and approved by the Governor and the State Transportation Board, subject to the terms of such appropriations Acts as may be adopted from time to time. The commissioner shall also be responsible for the duties and activities assigned to the commissioner in Article 5 of Chapter 8 of Title 48. When the board is not in regular or called session, the commissioner shall perform, exercise, and possess all duties, powers, and authority of the board except:
   1. Approval of the advertising of nonnegotiated construction contracts; and
   2. Approval of authority lease agreements.

      The commissioner shall also have the authority to exercise the power of eminent domain and to execute all contracts, authority lease agreements, and all other functions except those that cannot legally be delegated to him or her by the board.

2. 1. The commissioner shall have the authority to employ, discharge, promote, supervise, and determine the compensation of such personnel as he or she may deem necessary or useful to the effective operation and administration of the department except that the commissioner shall not employ a person who is related within the second degree of consanguinity to the commissioner or any member of the board, provided that such prohibition shall not be applied so as to terminate the employment of persons employed before said prohibited relationship was created by the subsequent election of a board member or appointment of a commissioner.
   2. Notwithstanding the provisions of subsection (b) of Code Section 32-6-29, the commissioner shall have the authority to appoint and employ five nonuniformed investigators who shall be certified peace officers pursuant to the provisions of Chapter 8 of Title 35, the “Georgia Peace Officer Standards and Training Act.” The investigators shall have full arrest powers in cases involving internal affairs of the department and in cases involving obstruction of, encroaching on, or injury to public roads or rights of way. In such cases, the investigators shall be authorized:
      1. To investigate Department of Transportation related crimes committed anywhere in the state;
      2. To arrest any person violating the criminal laws of this state;
      3. To serve and execute warrants after notifying the law enforcement agency of the local jurisdiction of the intent to serve such warrant or warrants;
      4. To enforce in general the criminal laws of this state;
      5. To issue citations for civil damage to any person found to be violating the laws, rules, and regulations pertaining to vegetation management; and
      6. To carry firearms while performing their duties but only if such investigators have been certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course of training required by Chapter 8 of Title 35, the “Georgia Peace Officer Standards and Training Act.”
   3. The power granted to the commissioner in paragraph (1) of this subsection shall be subject to and limited by Article 1 of Chapter 20 of Title 45 establishing a merit system for department employees, to the extent that the same or any amendments thereto are now or may be hereafter applicable to department personnel.
   4. There shall be a Planning Division of the department, directed and staffed by the director of planning, which shall be the department’s principal unit for developing the state transportation improvement program and the state-wide strategic transportation plan and coordinating transportation policies, planning, and programs related to design, construction, maintenance, operations, and financing of transportation, under the supervision of the director. The division and the director shall not have jurisdiction over the funds allocated for the local maintenance and improvement grant program pursuant to subsection (d) of Code Section 32-5-27 except as expressly provided by said subsection.
   5. There shall be an Engineering Division of the department to be supervised by the chief engineer, a Finance Division of the department to be supervised by the treasurer, an Administration Division of the department to be supervised by the deputy commissioner, an Intermodal Division to be supervised by an appointee serving at the pleasure of the commissioner, and a Local Grants Division to be supervised by an appointee serving at the pleasure of the commissioner. The duties, responsibilities, and personnel of each such division shall be as established by the commissioner.
   6. The commissioner may establish a Construction Division, an Operations and Maintenance Division, a Permitting Division, and a Public-Private Initiatives Division of the department. The commissioner shall assign to such divisions, except as otherwise provided by law, such personnel and such duties and responsibilities as may be necessary and appropriate for the proper functioning of the department.

History. — Code 1933, § 95A-309, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1974, p. 1422, § 12; Ga. L. 1994, p. 591, § 3; Ga. L. 2004, p. 898, § 1; Ga. L. 2009, p. 976, § 5/SB 200; Ga. L. 2010, p. 396, § .1/SB 305; Ga. L. 2010, p. 778, § 1.1/HB 277; Ga. L. 2010, p. 818, § 2/SB 520.

Code Commission notes. —

Pursuant to Code Section 28-9-5, in 1991, “authority lease agreements” was substituted for “authority-lease agreements” in paragraph (a)(2) and in the undesignated language at the end of subsection (a).

Editor’s notes. —

Ga. L. 2010, p. 778, § 1/HB 277, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Transportation Investment Act of 2010.’ ”

Law reviews. —

For annual survey of law on administrative law, see 62 Mercer L. Rev. 1 (2010).

32-2-41.1. State-wide strategic transportation plan.

The director shall prepare a state-wide strategic transportation plan. Such plan shall be updated and delivered in coordination with the state-wide, intermodal transportation plan as defined in 23 C.F.R. Section 450.104. The director shall prepare the state-wide strategic transportation plan for the Governor, Lieutenant Governor, Speaker of the House of Representatives, and the chairpersons of the Senate Transportation Committee and House Committee on Transportation.

History. — Code 1981, § 32-2-41.1 , enacted by Ga. L. 2008, p. 528, § 1/HB 1189; Ga. L. 2009, p. 976, § 6/SB 200; Ga. L. 2014, p. 851, § 1/HB 774; Ga. L. 2020, p. 371, § 1/HB 1098.

The 2020 amendment, effective July 29, 2020, rewrote this Code section.

Code Commission notes. —

Pursuant to Code Section 28-9-5, in 2008, Code Section 32-2-41.1, as enacted by Ga. L. 2008, p. 806, § 1/SB 417, was redesignated as Code Section 32-2-41.2.

32-2-41.2. Development of benchmarks; reports; value engineering studies.

1. The commissioner shall develop and publish in print or electronically benchmarks, based upon the type and scope of a construction project, that detail a realistic time frame for completion of each stage of a construction project, including preliminary engineering and design, environmental permitting and review, and right of way acquisition.
2. The director shall submit an annual report to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the House and Senate Transportation Committees detailing the progress of every construction project valued at $10 million or more against the benchmarks. This report shall include an analysis explaining the discrepancies between the benchmarks and actual performance on each project as well as an explanation for delays. This report shall also be published on the website of the department.
3. The department shall create and maintain on its website a detailed status report on each project under planning or construction. This status report shall include, but not be limited to, the name and contact information of the project manager, if applicable.
4. Value engineering studies shall be performed on all projects whose costs exceed $50 million, except for any project procured in accordance with Code Sections 32-2-79, 32-2-80, and 32-2-81, and the director shall submit an annual report to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the House and Senate Transportation Committees detailing the amount saved due to the value engineering studies. This report shall also be published on the website of the department.

History. — Code 1981, § 32-2-41.2 , enacted by Ga. L. 2008, p. 806, § 1/SB 417; Ga. L. 2009, p. 976, § 7/SB 200; Ga. L. 2010, p. 838, § 10/SB 388; Ga. L. 2013, p. 67, § 1/HB 202; Ga. L. 2014, p. 851, § 2/HB 774.

Code Commission notes. —

Pursuant to Code Section 28-9-5, in 2008, Code Section 32-2-41.1, as enacted by Ga. L. 2008, p. 806, § 1/SB 417, was redesignated as Code Section 32-2-41.2.

32-2-41.3. Georgia Freight Railroad Program.

1. For purposes of this Code section, the term “short line railway” means any carrier designated as a Class III by the Surface Transportation Board.
2. The Georgia Freight Railroad Program shall be administered, subject to appropriations, at the discretion of the commissioner, in order to enhance the state’s investment in freight rail projects for public benefit and to support a safe and balanced transportation system for the state.
3. Eligible projects under the Georgia Freight Railroad Program shall include rail enhancement projects to acquire, lease, or improve railways or railroad equipment, including rail crossings, rolling stock, rights of way, or rail facilities; rail preservation projects to acquire, lease, or improve short line railways or assist other appropriate entities to acquire, lease, or improve short line railways; and rail industrial projects to build, construct, restructure, or improve industrial access to railroad tracks and related facilities.
4. In administering the program, the commissioner shall make every effort to balance such program among all regions of this state and among the various applicants.
5. Following the end of each fiscal year, the commissioner or his or her designee shall submit an annual report on the activities of the Georgia Freight Railroad Program to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives and shall make such report available to the members of the General Assembly.
6. Prior to the expenditure of state funds, the commissioner shall make a determination whether such expenditure is ample consideration for a substantial public benefit in compliance with Article III, Section VI, Paragraph VI(a) of the Georgia Constitution. Such substantial public benefit must constitute a benefit accrued to the public in the form of enhanced public safety, enhanced mobility of goods, congestion mitigation, enhanced trade and economic development, improved air quality or land use, reduction of public expenditures due to improved transportation efficiency or infrastructure preservation, or other public benefits identified and approved by a majority of the board. Such public benefit shall also align with goals in the state-wide strategic transportation plan as defined in Code Section 32-2-41.1 or the state’s freight plan as defined in 49 U.S.C. 70202.

History. — Code 1981, § 32-2-41.3 , enacted by Ga. L. 2020, p. 816, § 1/HB 820; Ga. L. 2020, p. 817, § 1/SB 371; Ga. L. 2021, p. 480, § 1/HB 588.

Effective date. —

This Code section became effective January 1, 2021.

The 2021 amendment, effective July 1, 2021, in subsection (f), substituted “VI(a)” for “VI (a)” near the end of the first sentence, and added the second and third sentences.

Code Commission notes. —

Pursuant to Code Section 28-9-5, in 2020, the enactment of subsection (c) of this Code section by Ga. L. 2020, p. 816, § 1/HB 820, was treated as impliedly repealed and superseded by Ga. L. 2020, p. 817, § 1/SB 371, due to irreconcilable conflict.

32-2-42. Deputy commissioner of transportation; chief engineer; treasurer and assistant treasurer.

1. The commissioner shall appoint a deputy commissioner of transportation to serve at the pleasure of the commissioner. Before assuming the duties of his or her office, the deputy commissioner shall qualify by giving bond with a corporate surety licensed to do business in this state, such bond to be in the amount of $500,000.00 and payable to the Governor and his or her successors in office. The bond shall be subject to the approval of the Governor and shall be conditioned on the faithful discharge of the duties of the office, including any duties of the office of the commissioner which the deputy commissioner may be required to perform as acting commissioner. The premium for the bond shall be paid out of the funds of the department. The deputy commissioner shall be the assistant commissioner and shall be empowered to act in his or her own name for the commissioner. The deputy commissioner may exercise to the extent permitted by law only such powers and duties of the commissioner as have been previously assigned to him or her in writing by the commissioner. In the event of the commissioner’s temporary incapacity which causes his or her absence from the offices of the Department of Transportation in Atlanta, Georgia, for 30 consecutive days, the deputy commissioner shall assume all the powers and duties of the commissioner, to be exercised until such time as the commissioner’s temporary absence or incapacity shall cease. In the event of the commissioner’s permanent incapacity, the deputy commissioner shall become acting commissioner, as provided in subsection (c) of Code Section 32-2-40.
2. The commissioner shall appoint a chief engineer to serve at the pleasure of the commissioner. The chief engineer shall be the chief engineer of the department and shall be a professional engineer registered in accordance with Chapter 15 of Title 43 and who shall be experienced in highway engineering.
3. The commissioner shall appoint a treasurer of the department to serve at the pleasure of the commissioner. Before assuming the duties of his or her office, the treasurer shall qualify by giving bond with a corporate surety licensed to do business in this state, such bond to be in the amount of $500,000.00 and payable to the Governor and his or her successors in office. The bond shall be subject to the approval of the Governor and shall be conditioned on the faithful discharge of the duties of the office. The premium for the bond shall be paid out of the funds of the department. The duties of the treasurer shall be to receive all funds from all sources to which the department is entitled, to account for all funds received by the department, to adjust for additional appropriations or balances brought forward from previous years with the prior approval of the Office of Planning and Budget, and to perform such other duties as may be required of him or her by the commissioner. The commissioner shall have the authority to appoint an assistant treasurer in the same manner and under the same conditions as set forth in this subsection for the appointment of the treasurer, including the qualifying in advance by giving bond of the same type, amount, and paid for in the same manner as required of the treasurer. The assistant treasurer shall assume the duties of office of treasurer upon the incapacity or death of the treasurer and shall serve until a new treasurer is appointed as provided in this subsection.
4. Any provision of this title or of any other statute or of any rule or regulation to the contrary notwithstanding, the commissioner or the deputy commissioner may, in addition to serving as commissioner or deputy commissioner, also simultaneously serve as chief engineer, provided that he or she shall be appointed and shall possess the qualifications as prescribed in subsection (b) of this Code section. A commissioner or deputy commissioner simultaneously serving as chief engineer shall be paid for the discharge of all his or her duties the sum to which he or she is entitled as commissioner or deputy commissioner.

History. — Ga. L. 1925, p. 208, § 2; Code 1933, § 95-1607; Ga. L. 1950, p. 62, § 7; Code 1933, § 95A-310, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1975, p. 102, § 1; Ga. L. 1994, p. 591, § 4; Ga. L. 2009, p. 976, § 8/SB 200; Ga. L. 2011, p. 583, § 2/HB 137.

Cross references. —

Official bonds generally, T. 45, C. 4.

32-2-43. Director of planning; appointment; responsibilities.

1. There shall be a director of planning appointed by the Governor subject to approval by a majority vote of both the House Transportation Committee and the Senate Transportation Committee. The director shall serve during the term of the Governor by whom he or she is appointed and at the pleasure of the Governor. If the Governor’s term expires and the incoming Governor has not made an appointment, the current director of planning may serve until a replacement is appointed by the incoming Governor and confirmed by the House and Senate Transportation Committees.
2. The director of planning’s principal responsibility shall be the development of transportation plans, including the development of the state-wide strategic transportation plan and state-wide transportation improvement program and other comprehensive plans pursuant to the provisions of Code Section 32-2-3 and Code Section 32-2-22, strategic transportation plans pursuant to the provisions of Code Section 32-2-41.1, and benchmarks and value engineering studies pursuant to the provisions of Code Section 32-2-41.2, in consultation with the board, the Governor, and the commissioner. The director shall also be responsible for the duties and activities assigned to the director in Article 5 of Chapter 8 of Title 48. The director shall be the director of the Planning Division of the department and shall possess, exercise, and perform all the duties, powers, and authority which may be vested in such division by law and are necessary or appropriate for such purpose, except those duties, powers, and authority which are expressly reserved by law to the board or the commissioner.

History. — Code 1981, § 32-2-43 , enacted by Ga. L. 2009, p. 976, § 9/SB 200; Ga. L. 2010, p. 778, § 2/HB 277; Ga. L. 2011, p. 583, § 3/HB 137.

Code Commission notes. —

Pursuant to Code Section 28-9-5, in 2009, “the” was deleted following “may be vested in” in the last sentence of subsection (b).

Editor’s notes. —

Ga. L. 2010, p. 778, § 1/HB 277, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Transportation Investment Act of 2010.’ ”

32-2-60. Authority to contract; form and content of construction contracts; bonds.

1. The department shall have the authority to contract as set forth in this article and in Code Section 32-2-2. All department construction contracts shall be in writing. Any contract entered into by the department for the construction of a public road shall include, as a cost of the project, provisions for sowing vegetation, if appropriate, on all banks, fills, cuts, ditches, and other places where soil erosion is likely to result from the necessary incidents to road work along the right of way of the road project.
2. Persons, firms, or corporations submitting bids on department construction contracts are required to examine the site of the proposed work and determine for themselves the anticipated subsurface and latent physical conditions at the site prior to submitting a bid on the project. The submission of a bid shall be prima-facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work. The department does not in any way guarantee the amount or nature of subsurface materials which may be encountered and which must be excavated, graded, or driven through in performing the work on the project. The contractor shall not plead deception or misunderstanding because of variations from quantities of work to be performed or materials to be furnished as shown on the plans or minor variations from the locations or character of the work. Payment will be made only for actual quantities of work performed in accordance with the plans and specifications. The department shall not provide compensation above the amount bid on such project solely due to the encountering of subsurface or latent physical conditions at the site which are different from those anticipated by the bidder.
3. 1. Notwithstanding the provisions of subsection (b) of this Code section, the department reserves the right to make, at any time during the progress of work, such increases or decreases in quantities and such alterations in the details of construction as necessary or desirable to satisfactorily complete the work. Such increases or decreases shall not invalidate the contract nor release the surety and the contractor agrees to perform the work as altered.
   2. Whenever an alteration materially increases or decreases the scope of the work specified in the contract, a supplemental agreement acceptable to both parties shall be made.  In the absence of a supplemental agreement acceptable to both parties, the department may direct that the work be done either by force account or at existing contract prices.  Any force account agreement shall be in writing, specifying the terms of payment signed by the chief engineer, and agreed to in writing by the contractor.
   3. Changes made by the engineer will not be considered to waive any of the provisions of the contract, nor may the contractor make any claim for loss of anticipated profits because of the changes, or by reason of any variation between the approximate quantities and the quantities of work as done.
4. 1. When the estimated amount of any department construction contract exceeds $300 million, performance and payment bonds shall be required in the amount of at least the total amount payable by the terms of the contract unless the department, after public notice, makes a written determination supported by specific findings that single bonds in such amount are not reasonably available, and the board approves such determination in a public meeting. In such event, the estimated value of the construction portion of the contract, excluding right of way acquisition and engineering, shall be guaranteed by a combination of security including, but not limited to, the following:
      1. Payment, performance, surety, cosurety, or excess layer surety bonds;
      2. Letters of credit;
      3. Guarantees of the contractor or its parent companies;
      4. Obligations of the United States and of its agencies and instrumentalities; or
      5. Cash collateral;

         provided, however, that the aggregate total guarantee of the project may not use a corporate guarantee of more than 35 percent. The combination of such guarantees shall be determined at the discretion of the department, subject to the approval of the board; provided, however, that such aggregate guarantees shall include not less than $300 million of performance and payment bonds and shall equal not less than 100 percent of the contractor’s obligation under the construction portion of the contract.

   2. Payment guarantees approved pursuant to this subsection shall be deemed to satisfy the requirements of Code Section 13-10-61. Contractors requesting payment under construction contracts guaranteed pursuant to this subsection shall provide the following certification under oath with each such request: “All payments due to subcontractors and suppliers from previous payment received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification.”

History. — Ga. L. 1965, p. 628, § 1; Code 1933, § 95A-801, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1988, p. 1908, § 1; Ga. L. 1994, p. 591, § 5; Ga. L. 2006, p. 663, § 1/HB 1177; Ga. L. 2007, p. 47, § 32/SB 103; Ga. L. 2018, p. 372, § 1/SB 445.

The 2018 amendment, effective July 1, 2018, deleted former subsection (d), which read: “The provisions of subsections (b) and (c) of this Code section shall be applicable only to federal-aid highway contracts.”; and redesignated former subsection (e) as present subsection (d).

Code Commission notes. —

Pursuant to Code Section 28-9-5, in 2006, “limited to, the following:” was substituted for “limited to the following:” near the end of the introductory paragraph of subsection (e) (now subsection (d)), “Guarantees” was substituted for “Guaranties” in paragraph (e)(3) (now subparagraph (d)(1)(C)), and in paragraph (e)(5) (now subparagraph (d)(1)(E)), “collateral; provided, however,” was substituted for “collateral. (6) Provided however” and “percent” was substituted for “%”.

Editor’s notes. —

Ga. L. 1988, p. 1908, § 2, not codified by the General Assembly, provides: “The provisions of this Act shall not be applicable to or affect existing contracts in effect on the effective date of this Act.” This Act became effective April 14, 1988.

Ga. L. 1988, p. 1908, § 4, not codified by the General Assembly, provides: “No provision of this Act shall prohibit any court of law or equity from reforming a contract or awarding damages based upon a mutual mistake of fact or fraud in the inception of a contract or its performance.”

32-2-61. Limitations on power to contract.

1. The department is expressly prohibited from making or contracting any debts or entering into any contract for which it does not have sufficient funds appropriated at the time of making said debt or entering into said contract to enable it to meet such debt or such contract obligation. However, such prohibition shall not apply to contracts entered into pursuant to Article IX, Section III, Paragraph I and Article VII, Section IV, Paragraph IV of the Constitution of Georgia; and the department is expressly authorized to enter into such contracts and to obligate the department in connection therewith. For the purpose of paying obligations imposed by any such contract, such funds as may be appropriated to the department for activities incident to providing and maintaining an adequate system of public roads in the state and the cost incident thereto may be pledged by the department.
2. 1. The board shall not enter into any lease contract if:
      1. The aggregates of all lease rentals from that and all other such lease contracts including the contract or contracts proposed to be entered into exceed $19,900,000.00 per annum or 15 percent of the funds appropriated to the department in the fiscal year immediately preceding entering into any such lease rental contract, whichever is greater; or
      2. Such lease contract constitutes security for bonds or other obligations issued by the lessor.
   2. The execution of any lease contract is prohibited until the General Assembly has specifically provided funds in an appropriations Act for the payment of at least one year’s rental under such contract.
3. Except as authorized by Article 3 of Chapter 5 of Title 50, the department is prohibited from entering into any contract for the purchase of supplies, materials, equipment, or services, except those services ancillary to the construction and maintenance of a public road.
4. 1. The department is prohibited from negotiating any contract for the construction or maintenance of a public road involving the expenditure of $200,000.00 or more except any contract:
      1. With counties, municipalities, and state agencies, provided that such negotiated contract shall be made at the average bid price of the same kind of work let to contract after advertisement during a period of 60 days prior to the making of the contract;
      2. With a railroad company or utility concerning relocation of its tracks or facilities where the same are not then located on a public road and such relocation is necessary as an incident to the construction or improvement of a public road. However, nothing contained in this subsection shall be construed as requiring the department to furnish a site or right of way for railroad or railway lines or tracks or utility facilities required to be removed from a public road. Furthermore, this subsection shall not prevent the department from assisting in the removal and relocation of publicly owned utilities from locations on public roads as provided in Code Section 32-6-170;
      3. For emergency construction or maintenance involving the expenditure of $200,000.00 or more when the public interest requires that the work be done without the delay of advertising for public bids;
      4. For the procurement of business, professional, or other services from any person, firm, or corporation as an independent contractor;
      5. With the State Road and Tollway Authority; or
      6. Through the provisions of a design-build contract as provided for in Code Section 32-2-81.
   2. A department contract negotiated and made with a political subdivision, as authorized by subparagraph (A) of paragraph (1) of this subsection, may be subcontracted to any person or political subdivision. It may be performed with inmate labor, except in the case of a public work constructed with federal aid, or the forces of such political subdivision or those of a political subdivision to which such contract has been subcontracted. However, the department shall have the authority to furnish planning, contract plans, specifications, and engineering supervision over a public road being constructed by a political subdivision or by its subcontractor. Any subcontract made under authority of this subsection shall not constitute the basis of any claim against the department, nor shall such subcontract be considered an assignment of the rights of the political subdivision under its contract with the department.
5. Except for public roads within and leading to state parks, the department is prohibited from maintaining any public road not on the state highway system. Any department contract with a state agency or political subdivision for construction of a public road not then, nor to become upon completion of the contract, part of the state highway system or a road within or leading to a state park shall not relieve the agency or the political subdivision of the responsibility for maintaining such public road as such duty is imposed by this Code section and by Code Sections 32-4-41 and 32-4-91.

History. — Ga. L. 1950, p. 62, § 12; Ga. L. 1951, p. 31, § 3; Ga. L. 1953, Jan.-Feb. Sess., p. 81, § 1; Ga. L. 1955, p. 249, § 1; Ga. L. 1961, p. 22, § 1; Ga. L. 1967, p. 382, § 1; Ga. L. 1968, p. 1055, § 5; Code 1933, § 95A-802, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1974, p. 1422, § 19; Ga. L. 1975, p. 1159, §§ 1-3; Ga. L. 1983, p. 3, § 56; Ga. L. 1989, p. 356, § 1; Ga. L. 1997, p. 699, § 1; Ga. L. 2001, p. 1251, § 1-2; Ga. L. 2004, p. 905, § 1; Ga. L. 2005, p. 117, § 30A/HB 312; Ga. L. 2007, p. 167, § 1/HB 192; Ga. L. 2012, p. 1343, § 1/HB 817.

Code Commission notes. —

Pursuant to Code Section 28-9-5, in 1991, “subparagraph (A) of paragraph (1)” was substituted for “subparagraph (1)(A)” in the first sentence of paragraph (d)(2).

32-2-62. Advertising of nonnegotiated construction contracts; approval of negotiated construction contracts; factors to be considered by board for priority of projects.

The advertising of all nonnegotiated department construction contracts shall have the prior approval of the board. When the board is not in session, the commissioner may approve negotiated construction contracts. In determining public roads most in need of work and also the type, class, width, location, and order of priority of each project, the board shall take into consideration such factors as the use of the public road in question; the present need and anticipated development of the area traversed by it; whether or not it is a school bus or mail route; and its use for agricultural or industrial purposes. The board shall also take into consideration the information disclosed by the records required by Code Section 32-4-2 to be maintained by the department.

History. — Code 1933, § 95A-803, enacted by Ga. L. 1973, p. 947, § 1.

32-2-63. Authority of commissioner to execute contracts and authority lease agreements.

The commissioner shall have full authority to execute contracts and authority lease agreements on behalf of the department whenever such contracts or agreements have been approved in accordance with this title.

History. — Code 1933, § 95A-804, enacted by Ga. L. 1973, p. 947, § 1.

32-2-64. Required letting of contracts by public bid; posting bid on department website sufficient.

Except as authorized by subsection (d) of Code Section 32-2-61, all department construction and maintenance contracts shall be let by public bid. For purposes of this Code section, posting a bid on the department’s website shall satisfy the public bid requirement.

History. — Ga. L. 1949, p. 372, § 2; Code 1933, § 95A-805, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2012, p. 1343, § 2/HB 817.

Cross references. —

Letting of contracts by Department of Administrative Services by public bid, § 50-5-67 .

32-2-65. Advertising for bids.

1. On all contracts required to be let by public bid, the commissioner shall advertise for competitive bids for at least two weeks; the public advertisement shall be inserted once a week in such newspapers or other publications, or both, as will ensure adequate publicity, the first insertion to be at least two weeks prior to the opening of bids, the second to follow one week after the publication of the first insertion; provided, however, that the advertisement requirement provided in this Code section shall be satisfied by posting the required information on the department’s website for the required time period.
2. Such advertisement shall include but not be limited to the following items:
   1. A description sufficient to enable the public to know the approximate extent and character of the work to be done;
   2. The time allowed for performance;
   3. The terms and time of payment, including a statement that final payment of amounts withheld or deposited in escrow need not be made until the issuance of the chief engineer’s certification of satisfactory completion of work and acceptance thereof, as provided in Code Sections 32-2-75 through 32-2-77;
   4. Where and under what conditions and costs the detailed plans and specifications and proposal forms may be obtained;
   5. The amount of the required proposal guaranty, if one is required;
   6. The time and place for submission and opening of bids;
   7. The right of the department to reject any one or all bids; and
   8. Such further notice as the department may deem advisable as in the public interest.

History. — Ga. L. 1949, p. 373, § 3; Code 1933, § 95A-806, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1994, p. 591, § 6; Ga. L. 2018, p. 372, § 2/SB 445; Ga. L. 2021, p. 526, § 2/HB 577.

The 2018 amendment, effective July 1, 2018, added the proviso at the end of subsection (a).

The 2021 amendment, effective July 1, 2021, added “, if one is required” at the end of paragraph (b)(5).

32-2-66. Prequalifications of contractors and subcontractors.

In order to establish a list of reliable persons qualified to bid on a department contract or to subcontract with such persons and to ensure that the contract may be awarded to the lowest reliable bidder, the department may adopt and publish in print or electronically uniform and reasonable rules and regulations which may include but not be limited to the following:

1. A requirement that every contractor desiring to be qualified to bid or subcontract file with the department an application including, among other information: a financial statement; a complete questionnaire regarding the contractor’s organization and the work performed by such contractor; and a statement of equipment owned or leased by such contractor;
2. Conditions under which a contractor or subcontractor may become disqualified to bid or to subcontract;
3. Procedures for assigning maximum capacity ratings to contractors and subcontractors; and
4. Provisions for waiving prequalification of contractors for construction of specialty items. For the purpose of this paragraph, “specialty items” means work that requires highly specialized knowledge, craftsmanship, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole.

History. — Code 1933, § 95A-807, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2010, p. 838, § 10/SB 388.

32-2-67. Payment by bidder to cover costs.

A bidder shall be required to pay to the department a reasonable sum sufficient to cover the cost to the department of copies of the bid proposal form of the department, the standard specifications of the department, and the plans of the contract if such plans are required because the particular contract calls for construction.

History. — Code 1933, § 95A-808, enacted by Ga. L. 1973, p. 947, § 1.

32-2-68. Proposal guaranty by bidder.

1. No bid for capital construction or capital maintenance will be considered by the department unless it is accompanied by a proposal guaranty in the form of a certified check or other acceptable security payable to the treasurer of the department for an amount deemed by the department to be in the public interest and necessary to ensure that the successful bidder will execute the contract bid upon.
2. A proposal guaranty will be returned to a bidder upon receipt by the department of the bidder’s written withdrawal of his bid if such receipt is before the time scheduled for the opening of bids. Upon the determination by the department of the lowest reliable bidder, the department will return the proposal guaranties to all bidders except that of the lowest reliable bidder. If no contract award is made within 30 days after the date set for the opening of bids, all bids shall be rejected and all proposal guaranties shall be returned unless the department and the successful bidder agree in writing to a longer period of time.

History. — Code 1933, § 95A-809, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2021, p. 526, § 3/HB 577.

The 2021 amendment, effective July 1, 2021, in subsection (a), inserted “for capital construction or capital maintenance” near the beginning, and substituted “contract bid upon” for “contract on which he bid” at the end.

32-2-69. Bidding process and award of contract.

1. Except as authorized by Code Sections 32-2-79, 32-2-80, and 32-2-82, the department shall award contracts to the lowest reliable bidder, provided that the department shall have the right to reject any and all such bids whether such right is reserved in the public notice or not and, in such case, the department may readvertise, perform the work itself, or abandon the project.
2. If only one bid is received, the department shall open and read the bid. If the bid is at or below the department’s cost estimate for the project as certified by the chief engineer, such cost estimate shall be read immediately and publicly. If the bid exceeds the department’s cost estimate for the project, the department may negotiate with the bidder to establish a fair and reasonable price for the contract, provided that the resulting negotiated contract price is not greater than the bid and that the department’s cost estimate is disclosed to the bidder prior to the beginning of the negotiations. For purposes of this Code section, posting of a bid on the department’s website shall be equivalent to having read the bid.
3. If the department made errors in the bidding documents which resulted in an unbalanced bid, the department may negotiate with the lowest reliable bidder to correct such errors, provided that the lowest reliable bidder is not changed.
4. If the lowest reliable bidder is released by the department because of an obvious error or if the lowest reliable bidder refuses to accept the contract and thereby forfeits the bid bond, the department may award the contract to the next lowest reliable bidder, readvertise, perform the work itself, or abandon the project.
5. The signed, notarized affidavit required in subsection (b) of Code Section 13-10-91 shall be submitted to the department prior to the award of any contract.
6. The department shall provide by rule and regulation for a procedure to appeal the rejection of any bid for contracts the department is authorized to enter into under this Code section.

History. — Code 1933, § 95A-810, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1986, p. 153, § 1; Ga. L. 1994, p. 591, § 7; Ga. L. 2003, p. 905, § 3; Ga. L. 2012, p. 1343, § 3/HB 817; Ga. L. 2018, p. 372, § 3/SB 445; Ga. L. 2020, p. 371, § 2/HB 1098; Ga. L. 2021, p. 480, § 2/HB 588; Ga. L. 2021, p. 526, § 4/HB 577.

The 2018 amendment, effective July 1, 2018, added subsection (f).

The 2020 amendment, effective July 29, 2020, substituted “award contracts” for “award the contract” in the beginning of subsection (a); added the last sentence to subsection (b); deleted former subsection (e), which read: “For the purposes of this Code section, posting a bid on the department’s website shall be equivalent to having read the bid.”; redesignated former subsection (f) as present subsection (e); and added subsection (f).

The 2021 amendments. —

The first 2021 amendment, effective July 1, 2021, substituted “32-2-79, 32-2-80, and 32-2-82,” for “32-2-79 and 32-2-80” in subsection (a). The second 2021 amendment, effective July 1, 2021, made identical changes.

Law reviews. —

For note on the 2003 amendment to this Code section, see 20 Ga. St. U. L. Rev. 170 (2003).

32-2-70. (See Editor’s notes.) Bonds of successful bidder.

1. Where the contract price exceeds $100,000.00, no department construction contract shall be valid unless the contractor first gives:
   1. The performance and payment bonds in accordance with Chapter 10 of Title 13; and
   2. Such other bonds or insurance policies required by the department in its proposal forms, including but not limited to public liability and property damage insurance bonds or policies.
2. Public procurement officers shall accept electronic signatures and electronic corporate seals on bonds issued pursuant to this Code section so long as such signatures and seals comply with the provisions of Chapter 12 of Title 10 and Code Section 33-24-14.

   A listing of Executive Orders issued in 2020 can be found at https://gov.georgia.gov/executive-action/executive-orders.

History. — Code 1933, § 95A-811, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2001, p. 4, § 32; Ga. L. 2001, p. 820, § 2; Ga. L. 2007, p. 167, § 2/HB 192; Ga. L. 2021, p. 459, § 2-1/SB 169.

Editor’s notes. — For application of this statute in 2020 and 2021, see Executive Orders 06.11.20.01, 06.29.20.02, 07.15.20.01, 07.31.20.02, 08.15.20.01, 08.31.20.02, 09.15.20.01, 09.30.20.02, 10.15.20.01, 10.30.20.02, 11.13.20.01, 11.30.20.02, 12.08.20.01, 12.30.20.02, 01.15.21.01, 01.29.21.02, 02.15.21.01, 02.26.21.02, 03.12.21.01, 03.31.21.03, 04.30.21.01, and 05.28.21.02.

History. — Code 1933, § 95A-811, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2001, p. 4, § 32; Ga. L. 2001, p. 820, § 2; Ga. L. 2007, p. 167, § 2/HB 192; Ga. L. 2021, p. 459, § 2-1/SB 169.

The 2021 amendment, effective May 4, 2021, designated the existing provisions as subsection (a) and added subsection (b).

Code Commission notes. —

The amendment of this Code section by Ga. L. 2001, p. 4, § 32, irreconcilably conflicted with and was treated as superseded by Ga. L. 2001, p. 820, § 2. See County of Butts v. Strahan, 151 Ga. 417 (1921).

Editor’s notes. —

For application of this statute in 2020 and 2021, see Executive Orders 06.11.20.01, 06.29.20.02, 07.15.20.01, 07.31.20.02, 08.15.20.01, 08.31.20.02, 09.15.20.01, 09.30.20.02, 10.15.20.01, 10.30.20.02, 11.13.20.01, 11.30.20.02, 12.08.20.01, 12.30.20.02, 01.15.21.01, 01.29.21.02, 02.15.21.01, 02.26.21.02, 03.12.21.01, 03.31.21.03, 04.30.21.01, and 05.28.21.02.

A listing of Executive Orders issued in 2020 and 2021 can be found at https://gov.georgia.gov/executive-action/executive-orders.

32-2-71. Failure of successful bidder to sign contract or furnish bonds.

If the successful bidder fails to sign the contract or furnish the bonds or policies required by Code Section 32-2-70, the proposal guaranty will become the property of the department as liquidated damages. The contract then may be readvertised or the project may be abandoned.

History. — Code 1933, § 95A-812, enacted by Ga. L. 1973, p. 947, § 1.

32-2-72. Oath by successful bidder.

A successful bidder, before commencing the work, shall execute a written oath, as required by subsection (e) of Code Section 36-91-21, stating that he or she has not violated such Code section which makes it unlawful to restrict competitive bidding.

History. — Code 1933, § 95A-813, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2000, p. 498, § 7; Ga. L. 2001, p. 820, § 3.

32-2-73. Supplemental and extension agreements.

The department shall be authorized to execute supplemental agreements to the original contract covering changes or revised or new unit prices and items and supplementing the original contract not to exceed a 20 percent increase in cost of the project and to execute extension agreements affecting the length of the project which may be increased by adding sections to said project or by relocation of said project not to exceed 20 percent of the total length of the project or 20 percent of total contract cost.

History. — Ga. L. 1949, p. 373, § 4; Code 1933, § 95A-814, enacted by Ga. L. 1973, p. 947, § 1.

32-2-74. Effect of federal laws on Code Sections 32-2-60 through 32-2-73; power of department to secure benefits of federal-aid program.

1. Nothing in Code Sections 32-2-60 through 32-2-73 is intended to conflict with any federal law; and, in case of such conflict, such portion of those Code sections as may be in conflict with such federal law is declared of no effect to the extent of the conflict.
2. The department is authorized to take the necessary steps to secure the full benefit of the federal-aid program and to meet any contingencies not provided for in Code Sections 32-2-60 through 32-2-73, abiding at all times by a fundamental purpose to plan, survey, construct, reconstruct, maintain, improve, and pave as economically as possible those public roads of Georgia which, under the terms of Code Sections 32-2-60 through 32-2-73, are most in need of such construction or work in such a manner as will best promote the interest, welfare, and progress of the citizens of Georgia.

History. — Code 1933, § 95A-815, enacted by Ga. L. 1973, p. 947, § 1.

32-2-75. Contract clauses for retainage of amounts constituting a percentage of gross value of completed work; time of final payment of retained amounts to contractor.

1. As used in this Code section and Code Sections 32-2-76 and 32-2-77, the term:
   1. “Engineer” means the chief engineer or the engineer designated by the Georgia Highway Authority or the State Road and Tollway Authority.
   2. “Escrow account” means the certificates of deposit issued by a state or national bank in Georgia and any uninvested cash held in escrow.
   3. “State” means the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority.
   4. “Treasurer” means the treasurer of the Department of Transportation, the treasurer of the Georgia Highway Authority, or the treasurer of the State Road and Tollway Authority.
2. The state is authorized to insert a clause in the specifications of all contracts let and awarded as a result of public lettings for the construction, improvement, maintenance, or repair of any road, highway, bridge, or appurtenance thereto providing for the retainage of amounts constituting a percentage of the gross value of the completed work as may be provided for in the contract.
3. Final payment of the retained amounts to the contractor under the contract to which the retained amount relates will be made after certification by the engineer that the work has been satisfactorily completed and is accepted in accordance with the contract, plans, and specifications.

History. — Ga. L. 1971, p. 635, § 1; Ga. L. 1982, p. 3, § 32; Ga. L. 1985, p. 149, § 32; Ga. L. 1994, p. 591, § 8; Ga. L. 2001, p. 1251, § 2-1.

Cross references. —

Authorization and procedure for retention of contractual payments by state or political subdivisions; procedure for final payment, § 13-10-81 .

Georgia Highway Authority, § 32-10-1 et seq.

State Road and Tollway Authority, § 32-10-60 et seq.

32-2-76. Contract clauses providing for escrow agreements; mandatory provisions of escrow agreements.

1. In lieu of the retained amounts provided for in Code Section 32-2-75, the state is authorized to insert a clause in the specifications of all contracts let and awarded as a result of public lettings for the construction, improvement, maintenance, or repair of any road, highway, bridge, or appurtenance thereto providing for the maintenance of an escrow account in an amount at least equal to the amount of the retainage authorized by the contract, in accordance with such rules and regulations as are authorized to be promulgated by the state.
2. Any such escrow agreement entered into pursuant to this Code section must contain as a minimum the following provisions:
   1. Only state or national banks chartered within this state may serve as an escrow agent;
   2. The escrow agent must limit the investment of funds of the contractor held in escrow in lieu of retained amounts provided for in Code Section 32-2-75 to negotiable certificates of deposits issued by any state or national bank in this state, including but not limited to certificates of deposit issued by the bank acting as escrow agent, registered in the name of the escrow agent as such under escrow agreement with the contractor;
   3. As interest on certificates of deposits held in escrow becomes due, it shall be collected by the escrow agent and paid to the contractor;
   4. The escrow agent shall promptly acknowledge to the treasurer of the department or the appropriate authority the amount and value of the escrow account held by the escrow agent, and any additions to the escrow account shall be reported immediately. Withdrawals from the escrow account shall only be made subject to the written approval of the treasurer of the department or the appropriate authority;
   5. Upon default or overpayment, as determined by the state, of any contract subject to this procedure and upon the written demand of the treasurer of the department or the appropriate authority, the escrow agent shall within ten days deliver a certified check to the treasurer of the department or the appropriate authority in the amount of the escrow account balance relating to the contract in default;
   6. The escrow account may be terminated upon completion and acceptance of the contract(s) as provided in Code Section 32-2-75;
   7. All fees and expenses of the escrow agent shall be paid by the contractor to the escrow agent and if not paid shall constitute a lien on the interest accruing to the escrow account and shall be paid therefrom;
   8. The escrow account shall constitute a specific pledge to the state, and the contractor shall not, except to his surety, otherwise assign, pledge, discount, sell, or transfer his interest in said escrow account, the funds in which shall not be subject to levy, garnishment, attachment, or any other process whatsoever; and
   9. The form of the escrow agreement and provisions thereof in compliance with this Code section as well as such other provisions as the treasurer of the department or the appropriate authority shall from time to time prescribe shall be subject to written approval of the treasurer of the department or the appropriate authority. The approval of the escrow agreement by the treasurer of the department or the appropriate authority shall authorize the escrow agent to accept appointment in such capacity.

History. — Ga. L. 1971, p. 635, § 2; Ga. L. 1982, p. 3, § 32.

32-2-77. Liability of treasurer of the department or other appropriate authority and state to contractor or surety.

Neither the treasurer of the department or the appropriate authority nor the state shall be liable to the contractor or his surety for the failure of the escrow agent to perform under the escrow agreement, or for the failure of any bank to honor certificates of deposits issued by it which are held in the escrow account.

History. — Ga. L. 1971, p. 635, § 3.

32-2-78. Definitions.

As used in this part, the term:

1. “Alternative contracting method” means a method of contracting authorized by Code Section 32-2-82.
2. “Construction manager/general contractor” means a person the department has selected to perform project delivery pursuant to Code Section 32-2-82.
3. “Participating local governing authority” includes the governing authority of any county or municipality whose geographical jurisdiction includes the project.
4. “Project” means an undertaking, including intermodal rail-related and multimodal transportation solutions, which the department deems appropriate for pursuing or letting based upon the authority granted in this part.

History. — Code 1981, § 32-2-78 , enacted by Ga. L. 2009, p. 976, § 10/SB 200; Ga. L. 2021, p. 480, § 3/HB 588; Ga. L. 2021, p. 526, § 5/HB 577.

The 2021 amendments. —

The first 2021 amendment, effective July 1, 2021, substituted “part” for “Code section and Code Sections 32-2-79 and 32-2-80” in the introductory language; added paragraphs (1) and (2); redesignated former paragraphs (1) and (2) as present paragraphs (3) and (4), respectively; and substituted the present provisions of paragraph (4) for the former provisions, which read: “ ‘Project’ means a project which the department deems appropriate for letting pursuant to the procedures of Code Section 32-2-79 and Code Section 32-2-80.” The second 2021 amendment, effective July 1, 2021, made identical changes.

Editor’s notes. —

Former Code Section 32-2-78 , concerning definitions, was based on Code 1981, § 32-2-78 , enacted by Ga. L. 2003, p. 905, § 1; Ga. L. 2005, p. 902, § 1/SB 270, and was repealed by Ga. L. 2009, p. 976, § 1/SB 200, effective May 11, 2009.

32-2-79. Biennial reporting of potential undertakings best suited for public-private partnership.

At a minimum, the staff of the department shall jointly identify and report to the board by July 31 of each odd-numbered year those potential undertakings best suited for delivery under the procedures of Code Section 32-2-80 and that are expected to provide the greatest public benefit through enhanced public safety, enhanced mobility of goods, congestion mitigation, enhanced trade and economic development, improved air quality or land use, or reduction of public expenditures due to improved transportation efficiency or infrastructure preservation as aligned with the state-wide strategic transportation plan as defined in Code Section 32-2-41.1.

History. — Code 1981, § 32-2-79 , enacted by Ga. L. 2009, p. 976, § 10/SB 200; Ga. L. 2021, p. 480, § 3/HB 588; Ga. L. 2021, p. 526, § 5/HB 577.

The 2021 amendments. —

The first 2021 amendment, effective July 1, 2021, rewrote this Code section. The second 2021 amendment, effective July 1, 2021, made identical changes.

Editor’s notes. —

Former Code Section 32-2-79 , concerning requirements for solicited and unsolicited proposals for public-private initiative, was based on Code 1981, § 32-2-79 , enacted by Ga. L. 2003, p. 905, § 2; Ga. L. 2005, p. 902, § 2/SB 270; Ga. L. 2006, p. 72, § 32/SB 465, and was repealed by Ga. L. 2009, p. 976, § 1/SB 200, effective May 11, 2009.

Administrative rules and regulations. —

Governing public-private partnerships, Official Compilation of the Rules and Regulations of the State of Georgia, State Department of Transportation, Chapter 672-17.

32-2-80. Public-private partnerships (P3s).

1. 1. The department shall evaluate a potential project to determine, in the judgment of the department, appropriate or desirable levels of state, local, and private participation in financing such project.  In making such determination, the department shall be authorized and encouraged to seek the advice and input of the affected local governing authorities, applicable metropolitan planning organizations, and the private financial and construction sectors.
   2. No constitutional officer or member of the board shall serve as an agent, lobbyist, or board member for any entity directly or indirectly under contract with or negotiating a contract with the department under this Code section for one year after leaving his or her position as a constitutional officer or member of the board.
2. 1. For projects that are funded or financed in part or in whole by private sources, the department shall be authorized to issue a written request for proposal indicating in general terms the scope of the project, the proposed financial participations in the project, and the factors that will be used in evaluating the proposal and containing or incorporating by reference other applicable contractual terms and conditions, including any unique capabilities or qualifications that will be required of the contractor. Public notice of such request for proposal shall be made at least 90 days prior to the date set for receipt of proposals by posting the legal notice on a single website that shall be procured and maintained for such purposes by the Department of Administrative Services or in substantially the same manner utilized by the department to solicit requests for proposals.
   2. For every project undertaken pursuant to this Code section, the department shall accept written public comment, solicited in the same manner as provided for in the request for proposal, for a period of 30 days beginning at least ten days after the public notice of the request for proposal is made pursuant to paragraph (1) of this subsection.  In addition, the department shall hold at least one public hearing, which may be held by teleconference, not later than the conclusion of the period for public comment.
   3. The department shall select two or more respondents deemed fully qualified, responsible, and suitable to engage for interview and discussion based upon responses on professional competence and ability to meet the level of private financial participation called for by the department.  Multiple interviews shall be permissible.  In the event that any local governing authority has agreed to consider financial participation in the project, a representative of such local governing authority, appointed by such local governing authority, may participate in such discussions and interviews.  During this stage, the department may discuss estimates of total project costs, including, but not limited to, life cycle costing and nonbinding estimates of price for services. Proprietary information from competing respondents shall not be disclosed to the public or to competitors.
   4. Upon conclusion of discussions described in paragraph (3) of this subsection, the department shall rank respondents on the basis of the evaluation criteria set forth in the request for proposal.  The department shall select in the order of preference two or more respondents whose qualifications and proposed services are deemed most meritorious and shall conduct negotiations with those respondents.  Negotiations conducted under this paragraph can include, but are not limited to, one-on-one meetings or requests for proposals.
   5. Upon approval by the department, the commissioner shall select the respondent for project implementation based upon contract terms that are the most satisfactory and advantageous to the state and to the department based upon a thorough assessment of value and the ability of the final project’s characteristics to meet state strategic goals and investment policies as provided for by Code Section 32-2-41.1.  Before making such selection, the commissioner shall consult with any participating local governing authority or authorities.
   6. Notwithstanding the foregoing, if the terms and conditions for multiple awards are included in the request for proposal, the department may award contracts to more than one respondent. Should the department determine in writing and in its sole discretion that only one respondent is fully qualified, or that one respondent is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that respondent after the respondent is determined to be responsible.
3. Nothing in this Code section shall require the department to continue negotiations or discussions arising out of any request for proposal.
4. The department shall be authorized to promulgate reasonable rules or regulations to assist in proposal evaluations and to implement the purposes of this Code section.  The department shall report the content of such rules or regulations to the Transportation Committees of the Senate and House of Representatives for their approval by majority vote prior to the promulgation thereof and shall make quarterly reports to the same chairpersons of all of its activities undertaken pursuant to the provisions of this Code section.
5. Any contracts entered into pursuant to this Code section may authorize funding to include tolls, fares, or other user fees and tax increments for use of the project that is the subject of the proposal.  Such funding may be distributed by contract among the participants in the project as may be provided for by contract.  The department may take any action to obtain federal, state, or local assistance for a qualifying project that serves the public purpose of this Code section and may enter into any contracts required to receive such assistance. The department may determine that it serves the public purpose of this Code section for all or any portion of the costs of a qualifying project to be paid, directly or indirectly, from the proceeds of a grant or loan made by the federal, state, or local government or any instrumentality thereof.  The department may agree to make grants or loans to the operator from time to time from amounts received from the federal, state, or local government or any agency or instrumentality thereof.
6. The commissioner shall be authorized to delegate such duties and responsibilities under this Code section as he or she deems appropriate from time to time; provided, however, that the final approval of contracts provided for in this Code section shall be by action of the board.
7. The power of eminent domain shall not be delegated to any private entity with respect to any project commenced or proposed pursuant to this Code section.
8. Any contract entered into pursuant to this Code section shall require the private partner or each of its prime contractors to provide performance and payment security.  Notwithstanding any other provision of law, the penal sum or amount of such security may be less than the price of the contract involved, such as the value of the construction elements of the contract, based upon the department’s determination on a project-by-project basis of what sum may be required to adequately protect the department, the state, and the contracting and subcontracting parties.

History. — Code 1981, § 32-2-80 , enacted by Ga. L. 2009, p. 976, § 10/SB 200; Ga. L. 2020, p. 371, § 3/HB 1098; Ga. L. 2021, p. 480, § 3/HB 588; Ga. L. 2021, p. 526, § 5/HB 577; Ga. L. 2021, p. 922, § 32/HB 497.

The 2020 amendment, effective July 29, 2020, deleted “paragraphs (1) through (10) of subsection (a) of” preceding “Code Section 32-2-41.1” in the seventh sentence of paragraph (a)(4).

The 2021 amendments. —

The first 2021 amendment, effective July 1, 2021, substituted “board” for “State Transportation Board” near the middle and at the end of paragraph (a)(2) and at the end of subsection (f); inserted “potential” near the beginning of the first sentence of paragraph (a)(1); designated the existing provisions of paragraph (a)(1.1) as present paragraph (a)(2); redesignated former paragraphs (a)(2) through (a)(4) as present paragraphs (b)(1) through (b)(3), respectively; in paragraph (b)(2), in the first sentence, substituted “For every project undertaken pursuant to this Code section” for “Upon receipt of a proposal or proposals responsive to the request for proposals” at the beginning, substituted “in the request for proposal” for “notice of proposals” in the middle, and substituted “public notice of the request for proposal is made pursuant to paragraph (1) of this subsection” for “date set for receipt of proposals” at the end, and substituted “, which may be held by teleconference,” for “on such proposals” in the second sentence; in paragraph (b)(3), substituted “select two or more respondents deemed fully qualified, responsible, and suitable to engage for interview and discussion based upon responses” for “engage in individual discussions with two or more respondents deemed fully qualified, responsible, and suitable on the basis of initial responses and with emphasis” in the first sentence, substituted “Multiple” for “Repetitive informal” at the beginning of the second sentence, and substituted “During this” for “At the discussion” at the beginning of the fourth sentence; designated the sixth and seventh sentences of former paragraph (a)(4) as paragraph (b)(4), and rewrote; designated the eighth and ninth sentences of former paragraph (a)(4) as present paragraphs (b)(5) and (b)(6), respectively; added “after the respondent is determined to be responsible” at the end of paragraph (b)(6); redesignated former paragraphs (a)(5) and (a)(6) as present subsections (c) and (d), respectively; substituted “proposal evaluations” for “its evaluation of the proposal” in the middle of the first sentence of subsection (d); redesignated former subsections (b) through (e) as present subsections (e) through (h), respectively; in subsection (h), substituted “entered into pursuant to this Code section” for “for a public-private partnership” near the beginning of the first sentence, and inserted “such as the value of the construction elements of the contract,” in the middle of the second sentence. The second 2021 amendment, effective July 1, 2021, made identical changes. The third 2021 amendment, effective May 10, 2021, part of an Act to revise, modernize, and correct the Code, substituted “board” for “State Transportation Board” twice in paragraph (a)(1.1) (now paragraph (a)(2)).

Editor’s notes. —

Former Code Section 32-2-80 , concerning authority to contract with proposer for public-private initiative, was based on Code 1981, § 32-2-80 , enacted by Ga. L. 2003, p. 905, § 2; Ga. L. 2005, p. 902, § 3/SB 270, and was repealed by Ga. L. 2009, p. 976, § 1/SB 200, effective May 11, 2009.

32-2-81. Design-build procedure.

1. As used in this Code section, the term “design-build procedure” means a method of contracting under which the department contracts with another party for the party to both design and build the structures, facilities, systems, and other items specified in the contract.
2. The department may use the design-build procedure for projects that include buildings, bridges and approaches, rail corridors, technology deployments, and limited or controlled access projects or projects that may be constructed within existing rights of way where the scope of work can be clearly defined or when a significant savings in project delivery time can be attained.
3. When the department determines that it is in the best interests of the public, the department may combine any or all of the environmental services, utility relocation services, right of way services, design services, and construction phases of a public road or other transportation purpose project into a single contract using a design-build procedure. Design-build contracts may be advertised and awarded notwithstanding the requirements of paragraph (1) of subsection (d) of Code Section 32-2-61; provided, however, that construction activities shall not begin on any portion of such projects until title to the necessary rights of way and easements for the construction of that portion of the project has vested in the state or a local governmental entity and all railroad crossing and utility agreements have been executed.
4. The department shall adopt by rule procedures for administering design-build contracts. Such procedures shall include, but not be limited to:
   1. Prequalification requirements;
   2. Public advertisement procedures;
   3. Request for qualification requirements;
   4. Request for proposal requirements;
   5. Criteria for evaluating technical information and project costs;
   6. Criteria for selection and award process, provided that the rules shall specify that the criteria for selection shall consist of the following minimum two components for any two-step procurement process:
      1. A statement of qualifications from which the department will determine a list of qualified firms for the project, provided that, if the department determines it is in the state’s best interest, it may omit this requirement and move directly to a one-step procurement process through the issuance of a request for proposal from which the department may select the lowest qualified bidder; and
      2. From the list of qualified firms as provided in subparagraph (A) of this paragraph, a technical proposal and a price proposal from each firm from which the department shall select the lowest qualified bidder or, in the event the department uses the best value procurement process, the request for proposal shall specify the requirements necessary for the selection of the best value proposer which shall include, at a minimum, a weighted cost component and a technical component. A proposal shall only be considered nonresponsive if it does not contain all the information and level of detail requested in the request for proposal. A proposal shall not be deemed to be nonresponsive solely on the basis of minor irregularities in the proposal that do not directly affect the ability to fairly evaluate the merits of the proposal. Notwithstanding the requirements of Code Section 36-91-21, under no circumstances shall the department use a “best and final offer” standard in awarding a contract in order to induce one proposer to bid against an offer of another proposer. The department may provide for a stipulated fee to be awarded to the short list of qualified proposers who provide a responsive, successful proposal. In consideration for paying the stipulated fee, the department may use any ideas or information contained in the proposals in connection with the contract awarded for the project, or in connection with a subsequent procurement, without obligation to pay any additional compensation to the unsuccessful proposers;
   7. Identification of those projects that the department believes are candidates for design-build contracting; and
   8. Criteria for resolution of contract issues. The department may adopt a method for resolving issues and disputes through negotiations at the project level by the program manager up to and including a dispute review board procedure with final review by the commissioner or his or her designee. Regardless of the status or disposition of the issue or dispute, the design-builder and the department shall continue to perform their contractual responsibilities. The department shall have the authority to suspend or provide for the suspension of Section 108 of the department’s standard specifications pending final resolution of such contract issues and disputes. This paragraph shall not prevent an aggrieved party from seeking judicial review.
5. In contracting for design-build projects, the department shall be limited to contracting for no more than 50 percent of the total amount of construction projects awarded in the previous fiscal year.
6. Not later than 90 days after the end of the fiscal year, the department shall provide to the Governor, Lieutenant Governor, Speaker of the House of Representatives, and chairpersons of the House and Senate Transportation Committees a summary containing all the projects awarded during the fiscal year using the design-build contracting method. Included in the report shall be an explanation for projects awarded to other than the low-bid proposal. This report shall be made available for public information.

History. — Code 1981, § 32-2-81 , enacted by Ga. L. 2004, p. 905, § 2; Ga. L. 2005, p. 950, § 1/HB 530; Ga. L. 2009, p. 8, § 32/SB 46; Ga. L. 2010, p. 396, § 1/SB 305; Ga. L. 2012, p. 1343, § 4/HB 817; Ga. L. 2013, p. 68, § 1/SB 70; Ga. L. 2021, p. 480, § 3/HB 588; Ga. L. 2021, p. 526, § 5/HB 577.

The 2021 amendments. —

The first 2021 amendment, effective July 1, 2021, inserted “projects that include” near the middle of subsection (b); substituted “Code Section 32-2-61; provided, however, that” for “Code Section 32-2-61. However,” at the end of the second sentence of subsection (c); and substituted “low-bid proposal” for “low bid proposal” near the end of the second sentence in subsection (f). The second 2021 amendment, effective July 1, 2021, made identical changes.

32-2-82. Alternative contracting method.

1. The department shall be authorized to utilize an alternative contracting method for project delivery that includes one of the following:
   1. An agreement in which a construction manager/general contractor performs two phases of work as follows:
      1. The first phase, in which the construction manager/general contractor performs in the capacity of a construction manager, consisting of preconstruction services for a project which may be paid in lump sum, cost-plus fixed fee, cost per unit of work, specific rates of compensation, or other comparable payment method permitted by law; and
      2. The second phase, in which the construction manager/general contractor performs in the capacity of a general contractor, consisting of construction services for a project that may be performed under the same contract as that of the first phase, subject to agreement by the department as to the terms for payment for such services and using any method of payment permitted by law; provided that the construction manager/general contractor self-performs at least 30 percent of the total original price for construction work on the project;
   2. A predevelopment agreement, pursuant to which one or more contractors collaborate with the department on one or more projects:
      1. For the conceptual, preliminary, and final planning for such projects, which may include predevelopment services, financial planning, environmental studies, engineering, and assistance with public outreach; and
      2. To perform, at the department’s election, the construction work for any such project, subject to agreement as to the basis of payment for construction services; or
   3. A comprehensive development agreement that allows for expedited project delivery through the concurrent design and construction of a project under a single multiphase contract, pursuant to which a contractor shall:
      1. Collaborate with the department to advance development of the project concept;
      2. Perform both the design and construction services; and
      3. Perform any operations or maintenance work required for the project.
2. The department shall consider at least the following factors in assessing a project’s suitability and feasibility for delivery through an alternative contracting method: public interest, innovation, risk, design complexity, cost control, and construction schedule optimization.
3. When the department determines, in accordance with subsection (b) of this Code section, that the public interest is best served by delivering the project utilizing an alternative contracting method, the department shall submit to the board a written request to proceed in delivering a project using an alternative contracting method.  The department shall not proceed with the project using an alternative contracting method without prior approval by the board.
4. Upon approval of a request pursuant to subsection (c) of this Code section, the department shall be authorized to issue a written solicitation identifying the scope of the project, the factors to be used to evaluate responses to the solicitation, and the basis for award of the contract to perform work on the project utilizing an alternative contracting method.
5. For any project for which an alternative contracting method is elected, the department shall utilize the procurement procedures under either Code Section 32-2-80 or 32-2-81 to competitively solicit proposals.
6. The department shall be authorized to utilize the alternative contracting method to deliver no more than two projects during any single fiscal year and no more than seven projects over a single ten year period.  Solely as it relates to a project delivered using an alternative contracting method under this Code section, the department shall not encumber in any one fiscal year an amount greater than 5 percent of the department’s capital budget in the previous fiscal year.
7. Not later than 90 days after the end of a fiscal year in which the department has executed a contract to deliver a project using an alternative contracting method, the department shall provide to the Governor, Lieutenant Governor, Speaker of the House of Representatives, and chairpersons of the House and Senate Transportation Committees a summary containing all contracts that utilized an alternative contracting method. This report shall be made available to the public.
8. The department shall adopt rules and regulations to implement the provisions of this Code section.
9. Not later than July 1, 2026 and then once every five years thereafter, the department shall submit a report to the Governor, Lieutenant Governor, Speaker of the House of Representatives, and the members of the House and Senate Transportation Committees detailing all contracts executed to deliver a project using an alternative contracting method and the benefits of using an alternative contracting method compared with other contracting methods for review and consideration as to the effectiveness of this Code section and any necessary amendments.

History. — Code 1981, § 32-2-82 , enacted by Ga. L. 2021, p. 480, § 3/HB 588; Ga. L. 2021, p. 526, § 5/HB 577.

Effective date. —

This Code section became effective July 1, 2021.

Code Commission notes. —

Pursuant to Code Section 28-9-5, in 2021, “July 1, 2026,” was substituted for “five years after the effective date of this Code section” near the beginning of subsection (i).

Editor’s notes. —

Ga. L. 2021, p. 480, § 3/HB 588 and Ga. L. 2021, p. 526, § 5/HB 577 both enacted identical versions of this Code section, effective July 1, 2021.

32-3-1. Authority to acquire property for present or future public road or other transportation purposes.

1. Any property may be acquired in fee simple or in any lesser interest, including scenic easements, airspace, and rights of access, by a state agency or a county or municipality through gift, devise, exchange, purchase, prescription, dedication, eminent domain, or any other manner provided by law for present or future public road or other transportation purposes.
2. Public road purposes shall include rights of way; detours; bridges; bridge approaches; ferries; ferry landings; overpasses; underpasses; viaducts; tunnels; fringe parking facilities; borrow pits; offices; shops; depots; storage yards; buildings and other necessary physical facilities of all types; roadside parks and recreational areas; the growth of trees and shrubbery along rights of way; scenic easements; construction for drainage, maintenance, safety, or esthetic purposes; the elimination of encroachments, private or public crossings, or intersections; the establishment of limited-access public roads; the relocation of utilities; and any and all other purposes which may be reasonably related to the development, growth, or enhancement of the public roads of Georgia.
3. Property or interests shall not be acquired for “future public road purposes,” as that term is used in this Code section, unless:
   1. Construction will be commenced on the property to be acquired within a period of not less than two years nor more than ten years following the end of the fiscal year in which the secretary of transportation of the United States approves an advance of all the necessary funds to the department for the acquisition of rights of way for such construction under authority of Title 23, Section 108, United States Code, as amended; or
   2. The intended acquisition is part of a specific plan of highway development, and the acquisition will assist in accomplishing one or more of the following:
      1. A substantial monetary savings;
      2. The enhancement of the integration of highways with public or private urban redevelopment; or
      3. The forestalling of the physical or functional obsolescence of highways.
4. In the process of acquiring property or interests for any public road purpose, an entire lot, block, or tract of land may be acquired if by so doing the interest of the public will be best served.

History. — Code 1933, § 95A-601, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1981, p. 878, § 1; Ga. L. 1982, p. 3, § 32; Ga. L. 1985, p. 149, § 32; Ga. L. 2020, p. 371, § 4/HB 1098.

The 2020 amendment, effective July 29, 2020, substituted “or” for “and” at the end of paragraph (c)(1).

Cross references. —

Municipal street improvements, T. 36, C. 39.

Easements generally, T. 44, C. 9.

Law reviews. —

For article surveying real property law in 1984-1985, see 37 Mercer L. Rev. 343 (1985).

For comment on Southern Ry. v. State Hwy. Dep’t., 219 Ga. 435 , 134 S.E.2d 12 (1963), see 1 Ga. St. B. J. 242 (1964).

32-3-2. Acquisition procedure generally; recording order and judgment or instrument of conveyance; filing order and judgment or instrument in records of department.

All acquisition of property or interests for public road and other transportation purposes shall proceed under the methods set out in this article and in Title 22. Any instrument which conveys such property or interest to or any order and judgment which vests such property or interest in a state agency, county, or municipality shall be recorded in the name of the agency, county, or municipality in each county wherein the property or interest may lie, notwithstanding Code Section 50-16-3. In the case of property or interests acquired by the department, the instrument or order and judgment shall also be kept in the records of the department. Article 1 of Chapter 6 of Title 48 shall not apply to property or interests acquired under the authority of this article.

History. — Code 1933, § 95A-602, enacted by Ga. L. 1973, p. 947, § 1.

Law reviews. —

For comment on Southern Ry. v. State Hwy. Dep’t, 219 Ga. 435 , 134 S.E.2d 12 (1963), see 1 Ga. St. B. J. 242 (1964).

32-3-3. Acquisition of property by devise, exchange, prescription, or dedication; acquisition by county or municipality on behalf of department.

1. The department or any county or municipality is authorized to accept donations, transfers, or devises of land from private persons, from the federal government, or from other state agencies, counties, or municipalities, provided that such land is suitable for present or future public road purposes. Any property may be so acquired in fee or any lesser interest, provided that the state agency, county, or municipality thereby obtains an interest sufficient to ensure reasonable protection of the public investment which it may thereafter make in such land. The instrument which conveys such property or interest shall be recorded in the county or counties where such property or interest lies and, in the case of property or interests acquired by the department, shall also be kept in the records of the department.
2. Any state agency, county, or municipality is authorized, for public road purposes, to enter into agreements with other state agencies, counties, or municipalities, with the federal government, and with private persons for the exchange of real property or interests therein for public road purposes. Such exchange shall not be consummated unless the exchange serves the best interest of the public and unless the property or interest to be acquired in exchange is appraised as being of equal value to, or of greater value than, the property or interest to be exchanged.
3. Notwithstanding Code Section 44-5-163, any state agency, county, or municipality is authorized to acquire by prescription and to incorporate into its system of public roads any road on private land which has come to be a public road by the exercise of unlimited public use for the preceding seven years or more.
4. Any state agency, county, or municipality may acquire rights of way or other real property or interests therein by dedication, provided that the property or interests are adequate for public road purposes and serve the best interests of the public; provided, further, that the agency, county, or municipality receives a warranty deed, except where the property or interest is acquired from a state or federal agency, a county, or a municipality, in which case, where legally possible, a warranty deed shall be received; but, if it is not legally possible to receive a warranty deed, then a quitclaim deed shall be received.
5. When a road is approved as part of the state highway system, it shall be the duty of the county or municipality through which the road will pass to assist the department in procuring the necessary rights of way as economically as possible; and all expenses thereof shall be paid as provided in Code Section 32-5-25, provided that, whenever the county or municipality acquires property or interests for the department, title to such property or interest may be acquired in the name of the department.

History. — Code 1933, § 95A-602, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1982, p. 3, § 32.

32-3-3.1. Relocation or reconstruction of outdoor advertising sign; requirements.

1. When rights of way or real property or interests therein are acquired by a state agency, county, or municipality for public road purposes and an outdoor advertising sign permitted by the state in accordance with Part 2 of Article 3 of Chapter 6 of this title and a local county or municipal ordinance, which has not lapsed and is in good standing, is located upon such property, the outdoor advertising sign may be relocated or reconstructed and relocated through agreement of the owner of the property and owner of the outdoor advertising sign, if such owners do not refer to the same person, so long as the new location:
   1. Is within 250 feet of its original location, provided that the new location meets the requirements for an outdoor advertising sign provided in Part 2 of Article 3 of Chapter 6 of this title;
   2. Is available to the owner of the outdoor advertising sign and is comparable to the original location, as agreed upon by the owner of the outdoor advertising sign and the department;
   3. Does not result in a violation of federal or state law; and
   4. Is within zoned commercial or industrial areas or unzoned commercial or industrial areas as defined in Code Section 32-6-71.
2. An outdoor advertising sign relocated as provided for in subsection (a) of this Code section, or the visibility of which is otherwise obstructed by the construction of a sound wall, noise barrier, or other transportation related improvement, may be adjusted in height or angle or both in order to restore the visibility of the sign to the same or a comparable visibility which existed prior to acquisition by a state agency, county, or municipality, provided that the height of such relocated sign shall not exceed the greater of the height of the existing sign or 75 feet, as measured from the base of the sign or the crown of the adjacent roadway to which the sign is permitted, whichever is greater.
3. For any federal aid project or any project financed in whole or in part with federal funds, the actual costs of relocation or reconstruction and relocation of an outdoor advertising sign relocated as provided for in subsection (a) of this Code section shall be paid by the department. For any project not financed in whole or in part with federal funds, the actual costs of relocation or reconstruction and relocation shall be paid by the owner of the outdoor advertising sign.
4. If no relocation site that meets the requirements of paragraphs (1) through (4) of subsection (a) of this Code section exists, just and adequate compensation shall be paid by the department to the owner of the outdoor advertising sign.
5. If a sign is eligible to be relocated as provided for in subsection (a) of this Code section, or the visibility of which is otherwise obstructed by the construction of a sound wall, noise barrier, or other transportation related improvement, but such new location would result in a conflict with local ordinances in the city or county of applicable jurisdiction and no variance or other exception is granted to allow relocation as requested by the owner of the outdoor advertising sign, just and adequate compensation shall be paid by the local governing authority to the owner of the outdoor advertising sign. However, no compensation resulting from the denial of a variance or exception by a local governing authority for an outdoor advertising sign eligible for relocation under this Code section shall be paid either directly or indirectly by the department.

History. — Code 1981, § 32-3-3.1 , enacted by Ga. L. 2015, p. 1072, § 5/SB 169; Ga. L. 2020, p. 371, § 5/HB 1098.

The 2020 amendment, effective July 29, 2020, inserted “, or the visibility of which is otherwise obstructed by the construction of a sound wall, noise barrier, or other transportation related improvement,” in subsections (b) and (e).

32-3-3.2. Procedure when documented conflict.

1. As used in this Code section, the term:
   1. “Acquisition” means the acquisition of rights of way or right of way easements in lieu of condemnation.
   2. “Condemnation” means condemnation of rights of way or right of way easements pursuant to this title.
   3. “Documentation of a conflict” means documentation produced by a condemning authority to a property owner revealing a proposed cure for an alleged damage that resulted as part of a condemnation or from acquisition through negotiations, of which the cure proposed to the property owner by the condemning authority would result in a violation of a local government land use ordinance or land disturbance regulation.
2. When rights of way or real property or interests therein are acquired or condemned by a state agency, county, or municipality for public road purposes and a documentation of a conflict has been issued to a property owner, the local jurisdiction shall:
   1. Grant a minimum degree of variance from land use or land disturbance permitting standards for the remaining parcel to the property owner or any successor in interest. Such variance shall be granted upon satisfactory production of proof of the transfer of title of the acquired or condemned property or interests in property to the condemning authority and the documentation of a conflict; provided, however, that application for any such variance has been made no later than five years after the transfer of property or interests in property; or
   2. Provide to the property owner or any successor in interest just and adequate compensation for damages related to a conflict with local land use ordinances or regulations as identified by documentation of a conflict and upon denial of a variance sought pursuant to paragraph (1) of this subsection; provided, however, that no compensation shall be paid either directly or indirectly by the acquirer or condemnor.

History. — Code 1981, § 32-3-3.2 , enacted by Ga. L. 2020, p. 371, § 6/HB 1098.

Effective date. —

This Code section became effective July 29, 2020.

32-3-4. Authority to bring condemnation proceedings.

1. Whenever any state agency, county, or municipality desires to take or damage private property, including scenic easements, air rights, rights of access, and other interests in land for public road purposes or for any other public transportation purposes and shall find or believe, concerning which the decision of the condemning authority shall be final and conclusive, that the title of the apparent or presumptive owner of such property is defective, doubtful, incomplete, or in controversy, or that there are or may be unknown persons or nonresidents who have or may have some claim or demand thereon or some actual or contingent interest or estate therein, or that there are minors or persons under disability who are or may be interested therein, or that there are taxes due or that should be paid thereon, or shall for any reason conclude that it is desirable to have a judicial ascertainment of any question connected with the matter, such state agency, county, or municipality, through any authorized representative, may file a proceeding in rem in the superior court of the county having jurisdiction condemning the property or interests to the use of the petitioner upon payment of just and adequate compensation therefor to the person or persons entitled to such payment.
2. When the acquisition of public property or an interest therein is necessary for public road purposes, including limited-access roads provided for by Article 4 of Chapter 6 of this title, the department may acquire such public property or interest therein by condemnation and the power of eminent domain when such acquisition is approved by the State Commission on the Condemnation of Public Property as provided in Code Section 50-16-183. The procedures for the condemnation of property provided for in this Code section and Code Sections 32-3-5 through 32-3-19 of this article and the procedures provided for the condemnation of property in Article 3 of Chapter 2 of Title 22 and the procedures provided for the condemnation of property in Article 2 of Chapter 2 of Title 22 when the property sought is a public cemetery shall apply to the condemnation of public property or an interest therein by the department. As used in this subsection, the term “public property” has the meaning provided for in Code Section 50-16-180.

History. — Code 1933, § 95A-603, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1979, p. 973, § 4; Ga. L. 1982, p. 3, § 32; Ga. L. 1986, p. 1187, § 4.

Law reviews. —

For annual survey of local government law, see 38 Mercer L. Rev. 289 (1986).

For article, “Condemning Local Government Condemnation,” see 39 Mercer L. Rev. 11 (1987).

For annual survey on real property law, see 61 Mercer L. Rev. 301 (2009).

32-3-5. Contents of condemnation petition; notice.

1. The petition referred to in Code Section 32-3-4 shall set forth:
   1. The facts showing the right to condemn;
   2. The property or interests to be taken or damaged;
   3. The names and residences of the persons whose property or interests are to be taken or otherwise affected, so far as known;
   4. Descriptions of the persons or classes of unknown persons whose rights therein are to be excluded or otherwise affected;
   5. Such other facts as are necessary for a full understanding of the cause;
   6. A prayer for the judgment of the court in accordance with Code Section 32-3-13 or 32-3-19; and
   7. The date of the approval of the original location of the highway.
2. If any of the persons referred to in the petition are, so far as may be known, minors or under disability, that fact shall be stated.
3. It shall be the duty of the condemning authority, within 30 days from the date of the original approval and designation of said location as a highway, to cause the location of said highway in said county to be advertised once each week for four consecutive weeks in the newspaper of the county in which the sheriff’s advertisements are carried; and said advertisement shall designate the land lots or land districts of said county through which such highway will be located. Said advertisement shall further show the date of the original location of such highway as provided for in this subsection. Said advertisement shall further state that a plat or map of the project showing the exact date of the original location is on file at the office of the Department of Transportation and that any interested party may obtain a copy of same by writing to the Department of Transportation and paying a nominal cost therefor.

History. — Code 1933, § 95A-604, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1998, p. 1539, § 10.

Law reviews. —

For review of 1998 legislation relating to eminent domain, see 15 Ga. St. U.L. Rev. 115 (1998).

For annual survey on real property law, see 61 Mercer L. Rev. 301 (2009).

32-3-6. Declaration of taking; Order of condemnation by condemning authority.

1. In addition to the petition filed pursuant to Code Section 32-3-4, the petitioner shall also file with the court a declaration of taking signed by:
   1. The commissioner or the deputy commissioner of the Department of Transportation if the petitioner is seeking to acquire property or interests on behalf of the department;
   2. The county governing authority if the petitioner is seeking to condemn for county road system purposes or any other public transportation purpose; or
   3. The municipal governing authority if the petitioner is seeking to condemn for municipal street system purposes or any other public transportation purpose.
2. The declaration of taking shall declare that the lands are being taken for the use of the condemnor, subject to the order of the court provided for in Code Section 32-3-12. The declaration shall contain or have annexed thereto:
   1. A statement of the authority under which, and the public use for which, such lands are taken;
   2. A description of the lands taken sufficient for the identification thereof;
   3. A statement of the estate or interest in the lands taken for public use;
   4. A plat showing the lands taken;
   5. A statement of the sum of money estimated by the condemning authority to be just compensation for the land taken, including consequential damages to land not taken, accompanied by a sworn copy as an exhibit of the appraiser’s statement justifying the sum; and
   6. A certified copy of an order by the commissioner if the property or interest is being condemned for the department or by the county or municipality if the property or interest is being condemned for a county or municipality, finding that the circumstances are such that it is necessary to proceed in the particular case under this article, and specifically authorizing condemnation under this article.
3. Such an order of the commissioner or governing authority shall be conclusive as to the use of the property or interest condemned and as to the authority of the commissioner or governing authority to condemn under this article.

History. — Code 1933, § 95A-605, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1974, p. 1422, § 15; Ga. L. 1975, p. 813, § 1; Ga. L. 1979, p. 973, § 5.

Law reviews. —

For annual survey on real property law, see 61 Mercer L. Rev. 301 (2009).

32-3-7. Deposit of estimated compensation; vesting of title in condemning authority; protection of due process rights.

1. Upon the filing of the declaration of taking and the deposit into court, which deposit shall be made at the time the declaration of taking is filed to the use of the persons entitled thereto, of the sum of money estimated in the declaration by the condemning authority to be just compensation, title to the property in fee simple absolute or such lesser interest as is specified in the declaration shall vest in the condemnor; the land shall be deemed to be condemned and taken for the use of the condemnor; and the right to just compensation for the same shall vest in the persons entitled thereto.
2. Nothing in this Code section shall be construed so as to deprive the owner of the property or interest of due process of law as guaranteed by the Constitutions of Georgia and of the United States.

History. — Code 1933, § 95A-605, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1982, p. 3, § 32.

32-3-8. Service of process in condemnation proceedings generally.

1. Upon the filing of the petition and declaration, where the owner or owners of the property sought to be condemned or any person having a claim against or interest in the same are residents of this state, the petition and declaration shall be served upon such persons personally. In cases where such persons are residents of this state but not of the county in which such property or interest is located, such service shall be by second original, as in other cases.
2. If the owner, or any of the owners, or any person having a claim against or interest in the property is a minor or under any disability whatsoever, such notice shall be served:
   1. Upon his or her guardian; and, if such guardian is a nonresident of this state, upon the judge of the probate court of the county in which the property or interest is located, who shall appoint a guardian ad litem to represent such minors or persons under disability in the litigation, provided that, if the nonresident guardian intervenes, he or she shall serve in lieu of the guardian ad litem; or
   2. If there is no guardian, personally upon the minor, where such minor is a resident of this state. If such minor is not a resident of the county where the property or interest is located, service shall be by second original, as is provided by law in other cases, and upon the judge of the probate court of the county where the property or interest is located, who shall appoint a guardian ad litem to represent the minor in the litigation.
3. In subsection (b) of this Code section, if the judge of the probate court is disqualified, for reason of interest or other cause, notice shall be served upon the clerk of the superior court of the county, who shall appoint a guardian ad litem to represent the minor or person under disability.
4. If the property or interest sought to be condemned is held in trust or if the condemnation is directed toward property in which remainders have been created, notice shall be served upon the trustee and also upon such persons as have an interest under the conveyance and who are of age, provided that, where any of the persons to be served are not residents of the county, such service shall be by second original, as in other cases.
5. A copy of the petition and declaration shall be served upon the tax collecting authority of any county or municipality in which the property or interest may be located, who shall make known in writing the taxes due on the property or interest; and the court shall give such direction as will satisfy the same and discharge the lien thereon.
6. In all instances, and in addition to the service provided for in this Code section, the condemnor shall, at the time of filing the petition and declaration of taking, cause a copy of such proceedings to be posted on the bulletin board at the courthouse. In addition thereto, such advertisement shall be published in the official newspaper of the county in which the property or interest is located, which notice shall describe the property or interest taken so as to identify the same and shall give the name or names of the owner or owners of such property or interest or persons having claims against such property or interest so far as the same may be known. Such notice shall be published in such newspaper once each week for two weeks subsequent to the filing of such petition and declaration.

History. — Code 1933, § 95A-606, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2004, p. 161, § 7.1.

Cross references. —

Service of process generally, § 9-11-4 .

32-3-9. Service of nonresidents in condemnation proceedings.

1. If a nonresident of this state owns the property condemned or any interest therein, whether such interest is as the owner of the fee or some lesser interest, or any easement, or as a guardian for a minor or a person non compos mentis, or as a trustee, or growing out of similar facts, such nonresident, in the event that his or her address is known, shall be served with a true and correct copy of the petition and declaration, together with any orders of the court thereon. It shall be the duty of the clerk of the superior court for the county wherein such condemnation proceeding is pending to enclose a copy of the petition and declaration in an envelope, properly addressed to the nonresident at his or her last known address, and to deposit the same in the United States mail, properly registered or certified and with a return receipt requested, or deliver the same by statutory overnight delivery; and the clerk shall make a return service, showing these facts, upon the original petition and declaration in such matter for which he or she shall be paid the fee he or she receives for like service for each service made, the same to be taxed against the costs in the case. Such certificate of service shall be final and conclusive as to service of the petition upon the nonresident and shall become a part of the record in the matter.
2. Where the address of the nonresident is unknown, whether such nonresident is the owner of the property, a minor, or the trustee or guardian of such minor or has any other lawful interest in the property, the method of advertising the condemnation of the particular property, as provided for in subsection (c) of Code Section 32-3-5, shall be sufficient service upon such nonresidents and shall be final and conclusive; provided, however, that, in that event, it shall be the duty of the condemnor, in filing the petition for condemnation, to certify that the address of such person or persons is unknown to the condemnor; provided, further, that it shall be the duty of the sheriff of the county wherein the condemnation is pending to inquire into the truth of such allegation and to enter a certificate upon the condemnation proceeding, within three days from the filing of the same, verifying the truth of the allegation. This certificate, together with the method of advertising of such condemnation proceedings provided for in the laws and statutes described above, shall be final and conclusive as to lawful service of the petition for condemnation upon the nonresident. For each such certificate, the sheriff shall receive the fee the sheriff receives for like service for each such certificate, the same to be taxed as other costs in the case.

History. — Code 1933, § 95A-606, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1998, p. 1539, § 11; Ga. L. 2000, p. 1589, § 7.

Editor’s notes. —

Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provided that the 2000 amendment was applicable to notices delivered on or after July 1, 2000.

Law reviews. —

For review of 1998 legislation relating to eminent domain, see 15 Ga. St. U.L. Rev. 115 (1998).

32-3-10. Substantial compliance with Code Sections 32-3-8 and 32-3-9.

1. The proceeding described in this article being in rem, no provision in Code Sections 32-3-8 and 32-3-9 as to service shall be so construed as to invalidate the intent of the condemnor or as to delay the taking of the property or interest described in the declaration of taking and in the petition or in any manner as to delay the progress of the work for which the taking was made; and a substantial compliance with the provisions for service as heretofore set out in this article shall be deemed sufficient.
2. At any stage of the cause before final verdict and judgment, the judge of the superior court may order such additional service to be made or such additional parties to be named as may be required by equity and justice; but this shall not be so construed as to invalidate the taking or delay the progress of the work.

History. — Code 1933, § 95A-606, enacted by Ga. L. 1973, p. 947, § 1.

32-3-11. Power of judge to set aside, vacate, and annul declaration of taking; issuance and service on condemnor of rule nisi; hearing.

1. Upon proper pleadings and evidence, under the applicable rules of law, the judge of the superior court shall have the authority to set aside, vacate, and annul the declaration of taking, together with any title acquired thereby, in the same way and manner and for the same reasons as are provided by Code Sections 23-2-60 and 9-11-60. The power of the court in this respect shall not be construed as extending to a determination of questions of necessity, but there shall be a prima-facie presumption that the property or interest condemned is taken for and is necessary to the public use provided for in this article.
2. The power of the court as described in subsection (a) of this Code section shall be restricted to the following questions:
   1. Fraud or bad faith, as contemplated by Code Sections 23-2-60 and 9-11-60;
   2. The improper use of the powers of this article, such as are not contemplated by this article;
   3. The abuse or misuse of the powers of this article; and
   4. Such other questions as may properly be raised, including the question of whether or not this article has been invoked in some respect beyond the privileges conferred by this article or by an unauthorized agency, county, or municipality.
3. If the condemnee desires to raise such questions as are outlined in subsection (b) of this Code section, the same shall be done by proper pleadings, in the form of a petition addressed to the judge of the superior court having jurisdiction thereof, filed in the same proceedings not later than 30 days subsequent to the date of service upon the condemnee of the declaration of taking. The presiding judge shall thereupon cause a rule nisi to be issued and served upon the condemnor, requiring him to show cause at a time and place designated by the judge why the title acquired by the declaration of taking should not be vacated and set aside in the same way and manner as is now provided for setting aside deeds acquired by fraud. Such hearing shall be had not earlier than 15 days from the time of service of the rule nisi upon the condemnor, nor later than 60 days from the date of filing of the declaration of taking, and with the right of appeal by either party, as in other cases.

History. — Code 1933, § 95A-607, enacted by Ga. L. 1973, p. 947, § 1.

Law reviews. —

For annual survey of zoning and land use law, see 57 Mercer L. Rev. 447 (2005).

For annual survey of zoning and land use law, see 58 Mercer L. Rev. 477 (2006).

For annual survey on real property, see 64 Mercer L. Rev. 255 (2012).

For annual survey on real property, see 69 Mercer L. Rev. 251 (2017).

32-3-12. Orders of court for payment of award in condemnation proceedings, for surrender of property, and as to other charges.

1. Upon the application of the parties in interest, and not earlier than 15 days subsequent to the date of the last advertisement in the official newspaper of the county as provided for in subsection (f) of Code Section 32-3-8, the court shall order that the money deposited in the court, or any part thereof applied for, be paid forthwith to the parties found to be entitled thereto, for the just compensation to be awarded in the proceedings; provided, however, that, where the validity of the proceedings has been placed in issue as provided for in Code Section 32-3-11, the court shall not order the payment of the fund to the condemnee pending a final determination of such questions.
2. Upon the filing of a declaration of taking, the court shall have power to fix the time, the same to be not later than 60 days from the date of the filing of the declaration of taking as provided in Code Section 32-3-6, within which and the terms upon which the parties in possession shall be required to surrender possession to the petitioner. The court shall have power to make such orders in respect of encumbrances, liens, rents, taxes, assessments, insurance, and other charges, if any, as shall be just and equitable.

History. — Code 1933, § 95A-608, enacted by Ga. L. 1973, p. 947, § 1.

32-3-13. Self-executing nature of declaration of taking; court costs; entry of judgment; transfer of case to closed docket; effect of Code section on condemnor’s title.

1. No judgment of any court and no order or ruling of the judge thereof shall be necessary to give effect to the declaration of taking provided for in Code Section 32-3-6; but the same shall be self-executing, subject, however, to the power of the court as provided for in Code Section 32-3-11.
2. If no appeal is filed as provided for in Code Section 32-3-14, the condemnor shall, at the next term of the superior court convening not earlier than 30 days subsequent to the date of service, as provided for in Code Sections 32-3-8 and 32-3-9, or at any time thereafter, pay all accrued court costs in the case to the clerk of the superior court in which the same is pending, at which time the judge of the superior court shall enter judgment in favor of the condemnee and against the condemnor for the sum of money deposited by the condemnor with the declaration of taking. If such sum has been withdrawn from the court by the condemnee as provided for in Code Section 32-3-12, the clerk of the superior court shall mark such judgment satisfied; and if the condemnee has not withdrawn such sum the clerk shall immediately apply the same to the payment of the judgment and either transmit the same to the condemnee or cause the condemnee to be notified that he, the clerk, holds the same subject to the demand of the condemnee.
3. In any event, the case shall be transferred, under the conditions set out in this Code section, to the closed docket.
4. Nothing provided for in this Code section shall be construed as in any way affecting the title acquired by the condemnor by virtue of the declaration of taking, as provided for in Code Section 32-3-7.

History. — Code 1933, § 95A-609, enacted by Ga. L. 1973, p. 947, § 1.

32-3-14. Filing notice of appeal.

If the owner, or any of the owners, or any person having a claim against or interest in the property is dissatisfied with the amount of compensation as estimated in the declaration of taking and deposited in court, as provided for in Code Section 32-3-7, such person or persons, or any of them, shall have the right, at any time subsequent to the filing of the declaration and the deposit of the fund into court, but not later than 30 days following the date of the service as provided for in Code Sections 32-3-8 and 32-3-9, to file with the court a notice of appeal, the same to be in writing and made a part of the record in the proceedings.

History. — Code 1933, § 95A-610, enacted by Ga. L. 1973, p. 947, § 1.

Law reviews. —

For annual survey on zoning and land use law, see 61 Mercer L. Rev. 427 (2009).

32-3-15. Interlocutory hearing on amount of compensation.

1. An appeal having been filed as provided in Code Section 32-3-14, the appellant or appellants, at any time before the beginning of the trial of the issue formed on such appeal, but not later than 90 days after the date of service as provided in Code Sections 32-3-8 and 32-3-9, may file in the case a petition for an interlocutory hearing on the issue of whether the amount deposited in court as just and adequate compensation is sufficient. Such petition shall be served as may be directed by the court. The petition shall be verified and shall state the amount which is claimed by the petitioner to represent just and adequate compensation, together with a sworn, written statement of the facts upon which the claim is based.
2. Upon the presentation of the interlocutory petition to the judge of the court in which the case is pending, the court shall make such order as to the appointment of assessors as shall conform most nearly to Article 1 of Chapter 2 of Title 22 and shall give all interested persons equal rights in the selection thereof. If by reason of conflicting interests or otherwise such equality of right cannot be preserved, the judge shall make such order on the subject as shall secure a fair and impartial assessment. The board of assessors so appointed shall determine from all evidence offered by the parties, from personal inspection of the premises, and from its own professional judgment whether the condemnor should be required to deposit any additional amount as estimated compensation and shall, within 30 days of the date of reference to such board, make an interlocutory award based upon such determination.
3. Upon approval of the interlocutory award by the court and service of a copy upon the condemnor, as may be directed by the court, the condemnor shall within 15 days pay into court any additional amount required to be paid pursuant to the interlocutory award.
4. Upon the application of the party or parties in interest at any time before a jury verdict on the appeal, the court shall order that the additional money deposited in court be paid forthwith to the parties found to be entitled thereto; provided, however, that any party or parties receiving any payment of any amount paid into court pursuant to an interlocutory award shall, before receiving such payment, file in the case a bond in the amount of such payment conditioned for the repayment of any amount so received by such party which may be in excess of the amount awarded by the jury upon the trial of the appeal. Such bond shall be executed by a surety company authorized to do business in this state; and, in the event the amount awarded by the jury on final trial of the appeal is less than the total amount paid into court by the condemnor, judgment may be entered against the principal and surety on the bond for the amount by which the total amount paid into court exceeds the amount awarded by the jury; and, if the amount awarded by the jury is less than the original deposit, judgment may be entered against the condemnee for that part of the judgment not covered by the bond.
5. The assessors shall be compensated as provided in Code Section 22-2-84.
6. The interlocutory award provided for in this Code section shall not be subject to exceptions to any higher court.
7. If the condemnee notifies the court in writing to dismiss the appeal filed by the condemnee pursuant to Code Section 32-3-14 within 15 days following the date the interlocutory award is approved by the court, that interlocutory award shall become the final judgment in the proceeding and shall not be vacated or modified, and that appeal shall be dismissed unless the condemnor files with the court a notice objecting to such dismissal within 15 days following the date the condemnee notified the condemnor of the notice to dismiss such appeal.

History. — Code 1933, § 95A-611, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1991, p. 332, § 1; Ga. L. 1998, p. 1539, § 12.

Editor’s notes. —

Ga. L. 1991, p. 332, § 2, not codified by the General Assembly, provides that the amendment shall be applicable to those proceedings in which the declaration of taking is filed with the court on or after July 1, 1991.

Law reviews. —

For review of 1998 legislation relating to eminent domain, see 15 Ga. St. U.L. Rev. 115 (1998).

32-3-16. Appeal to jury; evidence to be heard on appeal; subsequent review of issues not brought before jury.

1. After the notice of appeal has been filed as provided in Code Section 32-3-14, it shall be the duty of the court at the next term thereof, which shall convene not earlier than 30 days subsequent to the date of service, as provided for in Code Sections 32-3-8 and 32-3-9, to cause an issue to be made and tried by a jury as to the value of the property or interest taken and the consequential damages to property or interests not taken, with the same right to move for a new trial and file a notice of appeal as in other cases at law, provided that an interlocutory award has not become final pursuant to Code Section 32-3-15.
2. When an appeal has been filed pursuant to Code Section 32-3-14, all subsequent proceedings thereon shall have the nature of a de novo investigation with the right of either party, under the rules of evidence as provided for in the general laws of this state, to introduce evidence concerning:
   1. The fair market value of the property or interest taken or other evidence of just and adequate compensation;
   2. The prospective and consequential damages to the remaining property or interests by reason of the taking and use of the property or interest for the purposes for which taken; and
   3. The consequential benefits accruing to such remaining property or interests by reason of such taking and use,

      provided that such consequential benefits, if any, may be offset against such consequential damages, if any; but, in no event, shall consequential benefits be offset against the value of the property or interest actually taken.

3. If, for any reason, the issues made by the filing of the notice of appeal provided for in this Code section are not tried by a jury as to the value of the property or interest taken and the consequential damages to the property or interests not taken, at the next term of the court after the filing of such appeal, such fact shall not be cause for dismissal of the appeal and the issues made by such appeal shall be subject to trial at any future term of the court.

History. — Code 1933, § 95A-612, enacted by Ga. L. 1973, p. 947, § 1.

Cross references. —

Further provisions regarding evidence to be considered in determining just and adequate compensation, §§ 22-2-109 , 22-2-137 .

32-3-17. Right to intervene in proceedings; effect of subsequent proceedings on rights of condemnor.

1. No provision of this article in reference to any rule or order, or time for responding thereto, shall be held or construed to exclude any person by way of default from making known his rights or claims in the property or interests or in the fund arising therefrom. Any such person claiming an interest or any rights therein may file appropriate pleadings or intervention at any time before verdict and be fully heard thereon. If any person, at any time during the pendency of such proceeding, desires to come in and be heard on any claim to the fund or interest therein, he shall be allowed to do so.
2. After the filing of the declaration of taking and the payment of the fund into the registry of the court as provided for in Code Section 32-3-7, the petitioner shall not be concerned with or affected by any subsequent proceedings except as to the appeal and interlocutory petition provided for in Code Sections 32-3-14 and 32-3-15 respectively and concerning which the sole issue shall be as to the amount of just and adequate compensation.

History. — Code 1933, § 95A-613, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1982, p. 3, § 32.

32-3-17.1. Decisions upon questions of law; power of judge to give necessary orders and directions; jury trial in open court only.

All questions of law arising upon the pleadings or in any other way arising from the cause, subsequent to the filing of the declaration of taking and the deposit of the fund, and subsequent to the filing of notice of appeal, if any, shall be passed on by the presiding judge who may, from time to time, make such orders and give such directions as are necessary to speed the cause, and as may be consistent with justice and due process of law; but no jury trial shall be had except in open court.

History. — Code 1981, § 32-3-17.1 , enacted by Ga. L. 1982, p. 3, § 32; Ga. L. 1985, p. 149, § 32.

32-3-18. Prevention or delay of vesting of title in condemnor.

No appeal in any cause under this article and no bond or undertaking given shall operate to prevent or delay the vesting of title to such lands in the condemnor, subject, however, to the power of the court as provided in Code Section 32-3-20.

History. — Code 1933, § 95A-615, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1982, p. 3, § 32.

32-3-19. Jury verdict; entry of judgment; award; effect on condemnor’s title.

1. The verdict of the jury shall have respect to the lands described in the declaration of taking as set forth in Code Section 32-3-6, or such interest therein as may be described in said declaration, or to any separate claim against the property or interest therein as may be ordered and may be molded under the direction of the court so as to do complete justice and avoid confusion of interest. The court shall give such direction as to the disposition of the fund as shall be proper according to the rights of the several respondents.
2. After the verdict of the jury, the court shall, in instances where no motion for new trial or notice of appeal is filed within the time provided for by law or where such verdict has been affirmed by a proper appellate court and the remittitur from such court has been made the judgment of the superior court, enter judgment in favor of the condemnee and against the condemnor in the amount of such verdict, together with the accrued court costs, which judgment shall be immediately credited with the sum of money deposited by the condemnor with the declaration of taking and which shall bear interest as provided in subsection (c) of this Code section; and, upon the failure or refusal of the condemnor immediately to deposit such increase in such sum into the registry of the court, as well as the accrued court costs, it shall be the duty of said clerk to issue execution therefor.
3. After just and adequate compensation has been ascertained and established by judgment, the judgment shall include, as part of the just and adequate compensation awarded, interest from the date of taking to the date of payment pursuant to final judgment at the rate of 7 percent per annum on the amount awarded by final judgment as the value of the property as of the date of taking; but interest shall not be allowed on so much thereof as shall have been paid into the court and was subject to withdrawal by the condemnee without the requirement of posting a bond as required by Code Section 32-3-15. However, if the condemnee posted the bond and withdrew the additional deposit made after the special master’s award and is later awarded a sum greater than the original deposit but less than the special master’s award, the condemnee shall not be entitled to interest on this additional deposit for the time he had use of the money; but he shall be entitled to receive the percentage of the reasonable cost of the bond that the sum awarded over the original deposit bears to the sum of the special master’s award over the original deposit. If the condemnee is later awarded a sum that exceeds the special master’s award and he has posted bond and withdrawn the additional deposit, he shall not be entitled to interest on this additional deposit for the time he had use of the money but he shall be entitled to the reasonable cost of the bond.
4. No sum so paid into the court shall be charged with commissions or poundage.
5. In any event, the case shall be transferred, under the conditions set out in this Code section, to the closed docket. Nothing in this Code section shall be construed as in any way affecting the title acquired by the condemnor by virtue of the declaration of taking as provided for in Code Section 32-3-7.

History. — Code 1933, § 95A-616, enacted by Ga. L. 1973, p. 947, § 1.

Cross references. —

Interest on judgments generally, § 7-4-12 .

Law reviews. —

For annual survey on local government law, see 68 Mercer L. Rev. 199 (2016).

For annual survey on real property, see 69 Mercer L. Rev. 251 (2017).

32-3-20. Effect of article on other methods of condemnation.

In cases involving condemnation of private property for public road purposes or any other public transportation purpose, this article shall be supplementary to and cumulative of the methods of procedure for condemnation of private property prescribed in Chapter 2 of Title 22.

History. — Code 1933, § 95A-617, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1979, p. 973, § 6.

32-3-30. Power of department to acquire rights of way and easements.

The department shall have the authority and is empowered to acquire, either by condemnation, purchase, gift, or other methods, rights of way and easements necessary to comply with the laws, rules, and regulations of the United States government for the construction of federal parkways in Georgia.

History. — Ga. L. 1967, p. 604, § 1; Ga. L. 1969, p. 982, § 1.

Cross references. —

Easements generally, T. 44, C. 9.

32-3-31. Method of acquisition.

The authority delegated by this article to the department to acquire rights of way and easements for federal parkways shall be the same authority as hereinbefore provided by law for the acquisition of rights of way for present or future public road or other transportation purposes in Georgia; and the department shall exercise such authority in the same manner and under the same Code sections which provide for the construction of state-aid roads in this state.

History. — Ga. L. 1967, p. 604, § 2; Ga. L. 1969, p. 982, § 1.

32-3-32. Acquisition of fee simple title; designation on official county map.

The rights of way acquired by the department may, at the option of the department, be a fee simple title; and the nature and extent of the rights of way and easements so acquired shall be designated upon an official county map showing the location of the rights of way across each county in this state.

History. — Ga. L. 1967, p. 604, § 5; Ga. L. 1969, p. 982, § 1.

32-3-33. Inclusion of scenic easements in rights of way.

The department may acquire scenic easements; and these may be included as part of the rights of way to be acquired by the department for federal parkways in those cases mutually acceptable to the department and the United States government or its appropriate agency.

History. — Ga. L. 1967, p. 604, § 3; Ga. L. 1969, p. 982, § 1.

32-3-34. Amount of land to be acquired for rights of way.

1. The lands and interest in lands to be acquired in fee simple for federal parkway rights of way shall average not more than 125 acres per mile plus not more than 25 acres per mile in scenic easements; and in no case shall the width of the fee simple rights of way for federal parkway land be less than 300 feet. It is the intent of this Code section that in using the acreage per mile method there will be permitted the balancing of the total acreage over the entire length of the federal parkway project within the state and that such usage will provide for flexibility to narrow or widen the fee simple lands acquired for federal parkways to meet specific conditions.
2. The variance of the width of the lands to be acquired by the department for federal parkways is to be dependent upon topographical conditions; requirements of federal parkway design; acquisition of acreage adjacent to the federal parkway at designated locations of scenic, historic, or recreational value or significance; simplicity and ease of rights of way acquisition; cost of rights of way acquisition; and other conditions considered by the department to be controlling; but in no case shall the width of the fee simple rights of way to be acquired for federal parkways be less than the 300 feet provided for in this Code section.

History. — Ga. L. 1967, p. 604, § 4; Ga. L. 1969, p. 982, § 1.

32-3-35. Access for private roads.

The acquisition of rights of way by the department for federal parkways shall permit no reservations or interests of access for private roads connecting to or crossing the federal parkways; and the department shall acquire, as part of the rights of way for federal parkways, the rights and interests of access for private roads.

History. — Ga. L. 1967, p. 604, § 7; Ga. L. 1969, p. 982, § 1.

32-3-36. Conveyance of title to rights of way to United States government or its appropriate agency.

The department is authorized and empowered to convey such title or interest as is acquired for federal parkway rights of way to the United States government or its appropriate agency, free and clear of all claims for compensation.

History. — Ga. L. 1967, p. 604, § 6; Ga. L. 1969, p. 982, § 1.

32-3-37. Use of property before final condemnation; enforcement of Code section.

1. When areas of land or interests in land have been tentatively designated by the United States government to be included within federal parkways but the final survey and plans necessary for the construction of federal parkways as provided by law have not yet been made, no person shall cut or remove any timber from such areas as so designated pending the completion and finalization of such survey and plans after receiving notice from the department that such area is under investigation. Any property owner who suffers loss or damage by reason of the restraint upon his right to use the timber upon his land pending such investigation and the finalization of survey and plans for the construction of federal parkways shall be entitled to recover compensation from the department for the temporary appropriation of his property and for any damage to his property caused by such temporary appropriation, in the event the same is not finally included within the area designated as a federal parkway.
2. The provisions of this Code section may be enforced under the same law now applicable for the adjustment and payment of compensation in the acquisition of rights of way for present or future public road or other transportation purposes.

History. — Ga. L. 1967, p. 604, § 9; Ga. L. 1969, p. 982, § 1.

32-3-38. Advertisement restrictions near parkways.

1. No advertisement or advertising structure shall be erected, constructed, installed, maintained, or operated within 500 feet of the boundary of any federal parkway rights of way acquired by the department under this article except as follows:
   1. Advertisements which are securely attached to a place of business or residence which does not exceed one advertising structure with a total area not to exceed 100 square feet may be erected or maintained or caused to be erected or maintained by the owner or lessee of such place of business or residence within 150 feet of such place of business or residence if and only if the advertisement or advertising structure relates solely to merchandise, services, or entertainment sold, produced, manufactured, or furnished at such place of business or residence;
   2. Signs may be erected or maintained or caused to be erected or maintained on any farm by the owner or lessee of such farm if and only if such signs relate solely to farm produce, merchandise, services, or entertainment sold, produced, manufactured, or furnished on such farm and when the signs so erected or maintained do not exceed two in number with a combined total area not to exceed 150 square feet;
   3. Signs may be posted or displayed upon real property by the owner, or by the authority of the owner, stating that the property upon which the sign is located, or a part of such property, is for sale or rent; and such signs, when so posted or displayed, may state any data pertaining to such property and its appurtenances and the name and address of the owner and the agent of such owner;
   4. Notice of any railroad, bridges, ferries, or other transportation or transmission company may be posted or displayed when found necessary in the discretion of the commissioner;
   5. A sign containing 16 square feet or less and bearing an announcement of any county, town, village, or city, or historic place or shrine, which is situated in this state, advertising itself or local industries, meetings, buildings, or attractions, may be posted or displayed, provided that the sign is maintained wholly at public expense or at the expense of such historic place or shrine;
   6. Historic markers erected by duly constituted and authorized public authorities may be posted or displayed; and
   7. Highway markers and signs erected or caused to be erected by the commissioner or other authorities, in accordance with the law, may be posted or displayed.
2. Any person who violates the advertising restrictions of this Code section or any lawful regulation promulgated by the department under authority of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Code Section 32-6-91. The department is authorized to use the remedies set forth in Code Sections 32-6-93, 32-6-94, and 32-6-96, in order to enforce the advertising restrictions set forth in this Code section.

History. — Ga. L. 1967, p. 604, § 10; Ga. L. 1969, p. 982, § 1.

Cross references. —

Control of advertising, informational, directional, and other signs generally, § 32-6-50 et seq.

Administrative rules and regulations. —

Granting, renewal, and revocation of permits for outdoor advertising, Official Compilation of the Rules and Regulations for the State of Georgia, Department of Transportation, Chapter 672-6 et seq.

32-3-39. Concurrent jurisdiction conceded to United States government; taxing power of state reserved.

The State of Georgia, by this article, does concede concurrent jurisdiction to the United States government or its appropriate agency for rights of way and the lands or interest in lands conveyed to the United States government for federal parkway purposes under this article. However, the State of Georgia expressly reserves the taxing power as applied to all persons, property, or operations within the federal parkway rights of way except as applied to the property of and the operations of the United States government and its agencies.

History. — Ga. L. 1967, p. 604, § 8; Ga. L. 1969, p. 982, § 1.

32-4-1. Classification of public roads.

For purposes of jurisdiction and administration, the public roads of Georgia shall be divided and classified in accordance with the three types of classifications provided in this Code section:

1. State highway system.    The state highway system shall consist of those public roads which on July 1, 1973, are shown by the records of the department to be “state-aid roads,” those public roads thereafter designated by the department as part of the state highway system, and all of The Dwight D. Eisenhower System of Interstate and Defense Highways within the state;
2. County road systems.    Each county road system shall consist of those public roads within that county, including county roads extending into any municipality within the county, which are shown to be part of that county road system by the department records on July 1, 1973, and any subsequent additions to such county road system made by the county;
3. Municipal street systems.    Each municipal street system shall consist of those public roads within the limits of that municipality which are not in any other classification under this Code section.

History. — Code 1933, § 95A-201, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2000, p. 136, § 32.

32-4-2. Official map, list, and records; rules and regulations.

1. 1. The department shall prepare an official map showing all public roads on the state highway system. Changes to the state highway system shall be recorded on this map as soon as is reasonably possible; and such map, as it is periodically revised, shall be filed with the Secretary of State and shall be open for public inspection. As often as reasonably possible but not less than once every five years, the department shall also prepare and distribute to each county a map showing all the public roads on its county road system including extensions into municipalities.
   2. 1. The department shall prepare an official list of all portions or features of the state highway system, including without limitation public roads, bridges, or interchanges, which have been named by Act or resolution of the General Assembly or by resolution of the State Transportation Board. The department shall update the list to reflect any additions or changes as soon as is reasonably possible; and such list, as periodically revised, shall be open for public inspection. For each such named portion or feature of the state highway system, the list shall specify without limitation the official name; the state highway system route number; the name of each county wherein the named portion or feature is located; a citation to the Act or resolution of the General Assembly or the resolution of the State Transportation Board officially naming such portion or feature; and a brief biographical, historical, or other relevant description of the person, place, event, or thing commemorated by such naming.
      2. The department may contract with a state historical society to make such list available in electronic format free of charge to Internet users, provided that any web page providing such list pursuant to this subparagraph shall be searchable without limitation by county name.
2. The department shall keep written records of the mileage on all public roads on the state highway system and on all public roads on each of the county road systems. These written records shall be revised as soon as is reasonably possible after any changes to the above public road systems. They shall indicate whether roads are paved or unpaved and shall contain information as to the condition, status, type, and use of all such public roads and such other information as deemed necessary for sound, long-range planning of public road construction and maintenance. These records shall be made available to each county and to the public.
3. The department may provide reasonable rules and regulations for keeping accurate and up-to-date, between official measurements, the mileage record called for in this Code section. Each county shall comply with such rules and regulations.
4. Not more often than every four years, a county may request an official measurement of its county road system under the rules and regulations of the department; and the department shall comply with such a request if properly made. Whenever a mileage measurement is to be made in any county, whether in response to a request or in the regular course of measurement for the records of the department, the county shall furnish a representative to accompany the representatives of the department in its measurement. In case of disagreement between the department representative and the county representative as to their findings, the matter shall be referred to the commissioner, whose decision as to the facts thereof shall be final and conclusive. The distribution of the county grants based on public road mileage of the county road system shall be made on the basis of the latest official mileage record for each county as shown by department records at the end of the preceding fiscal year.
5. The official record of the state highway system shall consist of an official map, as provided for in subsection (a) of this Code section, and a written record, as provided for in subsection (b) of this Code section, the written record to have priority in case of conflict between the two. Resolutions of the board designating a road as part of the state highway system, as provided for in Code Section 32-4-21, and certifications of abandonment, as provided for in subsection (a) of Code Section 32-7-2, shall serve as the official record until such changes are recorded on the official map and in the written record.
6. The official record of a county road system shall consist of an official map, as provided for in subsection (a) of this Code section, and a written record, as provided for in subsection (b) of this Code section, the written record to have priority in case of conflict between the two. The minutes of the county containing resolutions designating roads as a part of a county road system, as provided for in Code Section 32-4-40, and certifications of abandonment, as provided for in subsection (b) of Code Section 32-7-2, shall serve as the official record until such changes are recorded on the official map and in the written record.
7. For purposes of this chapter, state maps and written records shall only be maintained on public roads which are open to public travel.

History. — Orig. Code 1863, § 578; Code 1868, § 642; Code 1873, § 603; Code 1882, § 603; Ga. L. 1890-91, p. 134, § 1; Civil Code 1895, § 516; Civil Code 1910, § 636; Code 1933, § 95-108; Code 1933, § 95A-204, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2000, p. 1304, § 1; Ga. L. 2001, p. 4, § 32; Ga. L. 2009, p. 8, § 32/SB 46; Ga. L. 2011, p. 583, § 4/HB 137.

32-4-3. Naming state roads, bridges, or interchanges.

No state agency shall name or rename any state road, bridge, interchange, or any part of a road in honor of, or with the name of, any person unless such action is approved by a joint resolution or Act of the General Assembly which is approved by the Governor or becomes law without such approval. This Code section shall not apply to a political subdivision of the state naming any road which is under the jurisdiction of such political subdivision.

History. — Code 1981, § 32-4-3 , enacted by Ga. L. 2002, p. 415, § 32.

Cross references. —

Specific powers of General Assembly, Ga. Const. 1983, Art. III, Sec. VI, Para. II.

Editor’s notes. —

The provisions of this Code section were previously enacted in substantially similar form by Ga. L. 2001, p. 1215, § 2.

Ga. L. 2006, p. 72, § 32A/SB 465, not codified by the General Assembly, provided for the repeal of Ga. L. 2001, p. 1215, § 2, which section has been codified as and superceded by Code Section 32-4-3, relating to naming state roads, bridges, or interchanges, and which Code section shall remain effective.

32-4-4. Abandonment of utility facilitles containing asbestos pipe.

1. As used in this Code section, the term “entity” means a county, a municipality, a consolidated government, or a local authority.
2. Whenever existing utility facilities owned and operated by an entity contain asbestos pipe and such facility exists in the public rights of way of any highway, road, or street authorized pursuant to this title, and the entity determines that such facility should no longer be utilized, the entity that owns and operates the utility facility shall file a notice of abandonment with the department if the facility is located upon the public rights of way under the authority of the department. Upon abandonment, the entity shall have the discretion to:
   1. Remove and dispose of the asbestos pipe in accordance with federal laws and regulations;
   2. Leave the asbestos pipe in place and fill it with grout or other similar substance designed to harden within the pipe; or
   3. Allow the pipe to remain undisturbed in the ground and take no further action.
3. At the request of the department or entity, any asbestos pipe left in the right of way as authorized by subsection (b) of this Code section shall be marked so as to be locatable.
4. The entity shall not relinquish the ownership of said facility as stated in subsection (h) of Code Section 25-9-7 and Code Section 32-6-174. The facility shall be deemed abandoned and out of service.

History. — Code 1981, § 32-4-4 , enacted by Ga. L. 2009, p. 302, § 1/HB 101; Ga. L. 2011, p. 583, § 5/HB 137.

32-4-20. Composition of state highway system.

The state highway system shall consist of an integrated network of arterials and of other public roads or bypasses serving as the major collectors therefor. No public road shall be designated as a part of the state highway system unless it meets at least one of the following requirements:

1. Serves trips of substantial length and duration indicative of regional, state-wide, or interstate importance;
2. Connects adjoining county seats;
3. Connects urban or regional areas with outlying areas, both intrastate and interstate; or
4. Serves as part of the principal collector network for the state-wide and interstate arterial public road system.

History. — Code 1933, § 95A-202, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2012, p. 1343, § 5/HB 817; Ga. L. 2015, p. 1072, § 1/SB 169.

Cross references. —

Giving of notice of intention to condemn road constituting part of state highway system for purpose of constructing electric power plant, § 22-3-42 .

32-4-21. Designation of roads as part of state highway system.

Whenever the board, or the commissioner when the board is not in session, deems it necessary and in the public interest to have a new or existing public road designated as part of the state highway system, whether as additional mileage or as part of a substitution or relocation, the board, by resolution, or the commissioner, by written notice to the board, may designate such road to be a part of the state highway system. If the road proposed to be designated is a part of either a county road system or a municipal street system, the department shall give written notice to the county or municipality of the effective date that such road shall become part of the state highway system. Any change on the state highway system by designation shall be recorded on the official map and in the written records of the state highway system, as provided for in subsections (a) and (b) of Code Section 32-4-2.

History. — Laws 1818, Cobb’s 1851 Digest, p. 947; Code 1863, §§ 579, 580; Code 1868, §§ 643, 644; Code 1873, §§ 604, 605; Code 1882, §§ 604, 605; Civil Code 1895, §§ 520, 521; Civil Code 1910, §§ 640, 641; Code 1933, §§ 95-201, 95-202; Code 1933, § 95A-202, enacted by Ga. L. 1973, p. 947, § 1.

32-4-22. Creation of Developmental Highway System.

1. There is created as a part of the state highway system a system of public roads to be known as the Developmental Highway System which shall consist of the following road corridors (not in order of priority):
   1. Appalachian;
   2. The South Georgia Parkway;
   3. U.S. 27;
   4. U.S. 82;
   5. Golden Isles;
   6. Savannah River;
   7. U.S. 441;
   8. Fall Line;
   9. U.S. 319;
   10. U.S. 19;
   11. U.S. 84;
   12. U.S. 1/SR 17;
   13. SR 72;
   14. Northern Arc further identified as the North Georgia Connector between the U.S. Highway 411 and U.S. Highway 41 interchange in Bartow County to State Highway 316 in Gwinnett County;
   15. East-west Highway from I-59 North to I-85 North;
   16. Truck access routes, including without limitation:
       1. SR 133 from Albany to Valdosta;
       2. SR 40 from Folkston to St. Marys; and
       3. SR 125 from Fitzgerald to I-75;
   17. SR 32;
   18. Power Alley, U.S. 280 from Columbus to Savannah;
   19. SR 125 from its intersection with SR 107 in Ben Hill County (Fitzgerald Bypass) to its intersection with SR 32 in Irwin County; and
   20. SR 15 from its intersection with US 441/SR 24 at Watkinsville to its intersection with US 1 in Toombs County.

       Without limiting the foregoing, said system is further identified as including those roads and corridors referred to as “the Governor’s Road Improvement Program” in that resolution adopted by the State Transportation Board dated November 17, 1988.

2. The location and mileage of the Developmental Highway System shall be as generally described in subsection (a) of this Code section, with the power of the State Transportation Board to make such variances therein as shall be dictated by sound engineering and construction practices.
3. The Developmental Highway System shall be under the control and supervision of the board, subject to the provisions of this Code section or any other Act of the General Assembly; provided, however, that the State Road and Tollway Authority is authorized to construct all or any part of such system and to enter into agreements with the department, pursuant to Code Section 32-2-61, for such purpose. Any project the cost of which is paid from the proceeds of garvee bonds as defined in Code Section 32-10-90.1 shall be, pursuant to a contract or agreement between the authority and the department, planned, designed, and constructed by the Department of Transportation or a contractor contracting with the Department of Transportation.

History. — Code 1981, § 32-4-22 , enacted by Ga. L. 1989, p. 221, § 1; Ga. L. 1994, p. 701, § 1; Ga. L. 2001, p. 1215, § 1; Ga. L. 2001, p. 1251, § 1-3; Ga. L. 2005, p. 320, § 1/SB 107.

Code Commission notes. —

Pursuant to Code Section 28-9-5, in 2009, a punctuation change was made at the beginning of paragraph (a)(2).

Law reviews. —

For note on 1989 enactment of this Code section, see 6 Ga. St. U. L. Rev. 257 (1989).

32-4-23. Council on Rural Transportation and Economic Development; creation and membership; powers, duties, and authority; funding; expense allowances; repeal.

Reserved. Repealed by Ga. L. 1997, p. 976, § 1, effective March 31, 2000.

Code Commission notes. —

Pursuant to Code Section 28-9-5, in 2007, this Code section number was designated as reserved.

Editor’s notes. —

This Code section was based on Code 1981, § 32-4-23 , enacted by Ga. L. 1996, p. 1512, § 1; Ga. L. 1997, p. 976, § 1.

32-4-24. Alternative tourism routes; welcome centers authorized.

1. The board shall designate as alternative tourism routes roads that are a part of the state highway system that traverse the state and pass through or in close proximity to historic sites or tourist attractions in the state. Interstate highways that traverse the state shall not be eligible for designation as an alternative tourism route. The initial alternative tourism routes shall be U.S. Highway 27 and U.S. Highway 441.
2. The board shall consult with the Department of Economic Development, county governing authorities, and historical sites and tourist attractions located in this state in the selection of additional alternative tourism routes. The Department of Economic Development shall promote such routes and sites and attractions along such routes to the motoring public.
3. Subject to the appropriation process, the department may within five years of the designation of an alternative tourism route construct within 20 miles of the state line on each end of such route a welcome center. Subject to the appropriation process, if the department decides to construct such a center, it shall negotiate and contract with the local governing authorities where the welcome center is located for the maintenance and operation of such center.

History. — Code 1981, § 32-4-24 , enacted by Ga. L. 2007, p. 291, § 1/SB 282.

32-4-40. Designation of roads as part of county road system; designation of system on maps and written records of county.

Each county shall, by resolution, designate roads to be a part of its county road system; and such resolutions shall be recorded in the minutes of the county. All such roads shall be laid out on the shortest and best route to their intended destination and with as little injury to private property as possible. When a road has been designated as a part of a county road system, this change shall be recorded on the official map of the county road system, as provided for in subsection (a) of Code Section 32-4-2, and in the written record of the county road system, as provided for in subsection (b) of Code Section 32-4-2.

History. — Laws 1818, Cobb’s 1851 Digest, p. 951; Code 1863, § 584; Code 1868, § 648; Code 1873, § 609; Code 1882, § 609; Civil Code 1895, § 529; Civil Code 1910, § 645; Code 1933, § 95-205; Code 1933, § 95A-203, enacted by Ga. L. 1973, p. 947, § 1.

32-4-41. Duties.

The duties of a county with respect to its county road system, unless otherwise expressly limited by law, shall include but not be limited to the following:

1. A county shall plan, designate, improve, manage, control, construct, and maintain an adequate county road system and shall have control of and responsibility for all construction, maintenance, or other work related to the county road system. Such work may be accomplished through the use of county forces, including inmate labor, by contract as authorized in paragraph (5) of Code Section 32-4-42, or otherwise as permitted by law. Nothing in this paragraph shall be construed to prevent a county from entering into a contract providing for a municipality to maintain an extension of the county road system within the municipal limits;
2. A county shall control, administer, and account for funds received for the county road system and activities incident thereto from any source whatsoever, whether federal, state, county, municipal, or any other; and it shall expend such funds for and on behalf of the county in connection with the county road system and for any purpose in connection therewith which may be authorized in this title or by any other law;
3. A county shall inspect and determine the maximum load, weight, and other vehicular dimensions which can be safely transported over each bridge on the county road system and shall post on each bridge and on each approach thereto on the county road a sign containing a legible notice showing such maximum safe limits, each such sign to conform to the department regulations promulgated under authority of Code Section 32-6-50. However, the department is authorized to give technical assistance to counties, when so requested, in carrying out this paragraph. It shall be unlawful for any person to haul, drive, or bring on any bridge any vehicle, load, or weight which in any manner exceeds the maximum limits so ascertained and posted on such bridge; and any person hauling, driving, or otherwise bringing on such bridge any load or weight exceeding the maximum limits so ascertained and posted shall do so at his own risk; and the county shall not be liable for any damages to persons or property that may result therefrom;
4. A county shall keep on file in the office of the county clerk, available for public inspection, the map of the county road system prepared by the department as provided for in subsection (a) of Code Section 32-4-2. In addition to keeping on file a map of the county road system, the county shall notify the department within three months after a county road is added to the local road or street system and shall further notify the department within three months after a local road or street has been abandoned. This notification shall be accompanied by an appropriate digital file, map, or plat depicting the location of the new or abandoned road;
5. A county shall procure the necessary rights of way for public roads of the state highway system within the county in compliance with subsection (e) of Code Section 32-3-3 and Code Section 32-5-25; and
6. In acquiring property for rights of way for federal-aid highway projects on its county road system, the county shall comply with the requirements of the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended by the Uniform Relocation Act Amendments of 1987, Title IV of Public Law 100-17, and in general shall be guided by the policies applicable to the department as set forth in Code Section 32-8-1.

History. — Code 1933, § 95A-401, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1980, p. 775, § 5; Ga. L. 1981, p. 953, § 1; Ga. L. 1988, p. 1737, § 1; Ga. L. 1998, p. 1206, § 1; Ga. L. 2011, p. 583, § 6/HB 137.

Cross references. —

Weight of vehicle and load, § 32-6-26 .

Designated local truck route signs, § 32-6-50 .

U.S. Code. —

The Uniform Relocation System and Real Property Acquisition Policy Act of 1970, referred to in this Code section, is codified as 42 U.S.C. § 4601 et seq.

Law reviews. —

For annual survey on local government law, see 66 Mercer L. Rev. 135 (2014).

32-4-42. Powers.

The powers of a county with respect to its county road system, unless otherwise expressly limited by law, shall include but not be limited to the following:

1. A county shall have the authority to negotiate, let, and enter into contracts with any person or any agency, county, or municipality of the state for the construction, maintenance, administration, or operation of any public road or activities incident thereto in such manner and subject to such express limitations as may be provided by Part 2 of this article or any other provision of law. A county shall also have the authority to perform such road work with its own forces or with a combination of its own forces and the work of a contractor, notwithstanding any contrary provisions of Chapter 91 of Title 36;
2. A county shall have the authority to accept and use federal and state funds and to do all things necessary, proper, or expedient to achieve compliance with the provisions and requirements of all applicable federal-aid or state-aid acts and programs in connection with the county’s public roads. Nothing in this title is intended to conflict with any federal law and, in case of such conflict, such portion as may be in conflict with such federal law is declared of no effect to the extent of the conflict;
3. 1. A county shall have the authority to acquire and dispose of real property or any interest therein for public road purposes, as provided in Article 1 of Chapter 3 of this title and in Chapter 7 of this title. In any action to condemn property or interests therein for such purposes, notice thereof shall be signed by the condemning county; and such notice shall be deemed to be the official action of the county in regard to the commencement of such condemnation proceedings. For good cause shown a county, at any time after commencement of condemnation proceedings and prior to final judgment therein, may dismiss its condemnation action, provided that (i) the condemnation proceedings have not been instituted under Article 1 of Chapter 3 of this title, and (ii) the condemnor has first paid to the condemnee all expenses and damages accrued to the condemnee up to the date of the filing of the motion for dismissal of the condemnation action.
   2. Pursuant to the requirements of Part 2 of this article, a county shall have the power to purchase, borrow, rent, lease, control, manage, receive, and make payment for all personal property, such as equipment, machinery, vehicles, supplies, material, and furniture, which may be needed in the operation of its county road system; to lease, rent, lend, or otherwise transfer temporarily county property used for road purposes, as authorized by law; to sell or otherwise dispose of all personal property owned by the county and used in the operation of the county road system which is unserviceable; and to execute such instruments as may be necessary in connection with the exercise of the powers described in this subparagraph;
4. A county and its authorized agents and employees may enter upon any lands in the county for the purpose of making such surveys, soundings, drillings, and examinations as the county may deem necessary or desirable to accomplish the purposes of this title; and such entry shall not be deemed a trespass nor shall it be deemed an entry which would constitute a taking in a condemnation proceeding, provided that reasonable notice of such entry shall be given the owner or occupant of such property, such entry shall be done in a reasonable manner with as little inconvenience as possible to the owner or occupant of the property, and the county shall make reimbursement for any actual damages resulting from such entry;
5. A county shall have the authority to employ, discharge, promote, set and pay the salaries and compensation of its personnel, and determine the duties, qualifications, and working conditions for all persons whose services are needed in the construction, maintenance, administration, operation, and development of its county road system; to work inmates maintained in the county correctional institution or inmates hired from the Department of Corrections and maintained by the latter; and to employ or contract with such engineers, surveyors, attorneys, consultants, and all other employees as independent contractors whose services may be required, subject to the limitations of existing law;
6. A county may grant permits and establish reasonable regulations for the installation, construction, maintenance, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, traffic and other signals, and other equipment, facilities, or appliances of any utility in, on, along, over, or under the public roads of the county which are a part of the county road system lying outside the corporate limits of a municipality. However, such regulations shall not be more restrictive with respect to utilities affected thereby than are equivalent regulations promulgated by the department with respect to utilities on the state highway system under authority of Code Section 32-6-174. As a condition precedent to the granting of such permits, the county may require application in writing specifically describing the nature, extent, and location of the portion of the utility affected and may also require the applicant to furnish an indemnity bond or other acceptable security conditioned to pay any damages to any part of the county road system or to any member of the public caused by work of the utility performed under authority of such permit. At all times it shall be the duty of the county to ensure that the normal operation of the utility does not interfere with the use of the county road system. The county may also order the removal or discontinuance of the utility, equipment, facility, or appliances where such removal and relocation are made necessary by the construction or maintenance of any part of the county road system lying outside the corporate limits of a municipality. In so ordering the removal and relocation of a utility or in performing such work itself, the county shall conform to the procedure set forth for the department in Code Sections 32-6-171 and 32-6-173, except that when the removal and relocation have been performed by the county, it shall certify the expenses thereof for collection to its county attorney;
7. A county shall have the power to purchase supplies for county road system purposes through the state as authorized by Code Sections 50-5-100 through 50-5-102;
8. In addition to any taxes authorized by Article 4 of Chapter 5 of Title 48 to be levied and collected for the construction and maintenance of its county road system and activities incident thereto, a county is authorized to levy and collect any millage as may be necessary for such purposes;
9. A county may provide for surveys, maps, specifications, and other things necessary in designating, supervising, locating, abandoning, relocating, improving, constructing, or maintaining the county road system, or any part thereof, or any activities incident thereto or necessary in doing such other work on public roads as the county may be given responsibility for or control of by law;
10. In addition to the powers specifically delegated to it in this title and except as otherwise provided by Code Section 12-6-24, a county shall have the authority to adopt and enforce rules, regulations, or ordinances; to require permits; and to perform all other acts which are necessary, proper, or incidental to the efficient operation and development of the county road system; and this title shall be liberally construed to that end. Any power vested in or duty placed on a county but not implemented by specific provisions for the exercise thereof may be executed and carried out by a county in a reasonable manner subject to such limitations as may be provided by law;
11. In all counties of this state having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census, the county governing authority shall be empowered by ordinance or resolution to assess against any property the cost of reopening, repairing, or cleaning up from any public way, street, road, right of way, or highway any debris, dirt, sediment, soil, trash, building materials, and other physical materials originating on such property as a result of any private construction activity carried on by any developer, contractor, subcontractor, or owner of such property. Any assessment authorized under this paragraph, the interest thereon, and the expense of collection shall be a lien against the property so assessed coequal with the lien of other taxes and shall be enforced in the same manner as are state and county ad valorem property taxes by issuance of a fi. fa. and levy and sale as set forth in Title 48, known as the “Georgia Public Revenue Code”; and
12. Municipalities whose incorporating Acts became of full force and effect on or after May 1, 2017, but prior to January 1, 2019, shall not establish or maintain restrictions on access by commercial motor vehicles as defined in paragraph (8.1) of Code Section 40-1-1 to portions of the road system providing access to commercial driveways as defined in Code Section 32-6-130, except as to the applicable road system, exceeding any county restrictions in effect on such portions on the date of incorporation unless such county by ordinance or resolution concurs on such restriction.

History. — Code 1933, § 95A-402, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1974, p. 1422, § 13; Ga. L. 1981, p. 3259, §§ 1, 2; Ga. L. 1982, p. 2107, § 28; Ga. L. 1983, p. 3, § 23; Ga. L. 1985, p. 283, § 1; Ga. L. 1991, p. 94, § 32; Ga. L. 2000, p. 498, § 8; Ga. L. 2002, p. 1126, § 2; Ga. L. 2018, p. 372, § 4/SB 445.

The 2018 amendment, effective July 1, 2018, deleted “and” at the end of paragraph (10); substituted “Code’; and” for “Code.”’ at the end of paragraph (11); and added paragraph (12).

Cross references. —

Authority of counties to erect bridges across navigable streams, T. 36, C. 14.

Use of parking meter receipts to pay principal, interest, and other expenses of revenue bonds issued to finance public parking areas or public parking buildings, § 36-82-62 .

Promulgation of rules and regulations governing hiring out of inmates to Department of Transportation, municipalities, counties, and others, § 42-5-60 .

Code Commission notes. —

Pursuant to Code Section 28-9-5, in 1982, “coequal” was substituted for “co-equal” in the last sentence of paragraph (11).

Pursuant to Code Section 28-9-5, in 2019, “paragraph (8.1)” was substituted for “paragraph (8.3)” near the middle of paragraph (12).

Law reviews. —

For annual survey article on real property law, see 52 Mercer L. Rev. 383 (2000).

For annual survey of administrative law, see 56 Mercer L. Rev. 31 (2004).

For annual survey of local government law, see 56 Mercer L. Rev. 351 (2004).

32-4-60. “Contract” defined.

As used in this part, the term “contract” means a contract or subcontract entered into by a county with any person, with the state or federal government or an agency of either, with another county or counties, with a municipality or municipalities, or with any combination of the foregoing entities for the construction, reconstruction, or maintenance of all or part of a public road, including but not limited to a contract for the purchase of materials, for the hiring of labor, for professional services, or for other things or services incident to such work.

History. — Code 1933, § 95A-816, enacted by Ga. L. 1973, p. 947, § 1.

Law reviews. —

For survey article on construction law for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 85 (2003).

32-4-61. Authority of county to contract; form of contracts; approval of contracts by resolution.

A county shall have the authority to contract as set forth in this part and in paragraph (1) of Code Section 32-4-42. Any contract for work on all or part of the county road system shall be in writing and shall be approved by resolution which shall be entered on the minutes of such county.

History. — Code 1933, § 95A-817, enacted by Ga. L. 1973, p. 947, § 1.

32-4-62. Contracts with state, state agencies, adjoining counties, and incorporated municipalities of county.

1. Subject to the limitations of this Code section, in addition to the authority to contract with a private contractor, a county may enter into a contract with the state, a state agency, another county or municipality, or with any combination or number of the foregoing entities for work on any public road system of Georgia.
2. Such a contract with a state agency is subject to the limitations of Code Section 32-2-61, including the cost of the negotiated contract, and the right of the department to supervise performance of the contract.
3. A county shall have authority to enter into a contract with adjoining counties for the joint work on a road constituting a part of the county road system of those counties which are parties to such contract.
4. A county shall have the authority provided in subsection (b) of Code Section 32-4-112 to contract with a municipality and expend funds for work on public roads within a municipality in the county.

History. — Code 1933, § 95A-818, enacted by Ga. L. 1973, p. 947, § 1.

Cross references. —

Provision that county treasurer or other county official shall not receive commission on funds received or disbursed in connection with county contracts with Department of Transportation for construction or repair of roads, § 36-6-13 .

32-4-63. Limitations on power to contract; at least two estimates required for certain expenditures.

1. A county is prohibited from negotiating a contract except a contract:
   1. Involving the expenditure of less than $200,000.00;
   2. With a state agency or county or municipality with which a county is authorized to contract in accordance with the provisions of Code Sections 32-4-61 and 32-4-62;
   3. For the purchase of those materials, supplies, and equipment necessary for the county’s construction and maintenance of its public roads and for the support and maintenance of the county’s forces used in such work, as authorized by Chapter 91 of Title 36;
   4. Subject to Article 6 of Chapter 6 of this title, with a railroad or railway company or a publicly or privately owned utility concerning relocation of its line, tracks, or facilities where the same are not then located in a public road and such relocation or grade-crossing elimination is necessary as an incident to the construction of a new public road or to the reconstruction or maintenance of an existing public road. Nothing contained in this paragraph shall be construed as requiring a county to furnish a site or right of way for railroad or railway lines or tracks of public utility facilities required to be removed from a public road;
   5. For engineering or other kinds of professional or specialized services;
   6. For emergency maintenance requiring immediate repairs to a public road, including but not limited to bridge repairs, snow and ice removal, and repairs due to flood conditions; or
   7. Otherwise expressly authorized by law.
2. No contract involving an expenditure of more than $20,000.00 but less than $200,000.00 shall be awarded under this Code section without the submission of at least two estimates.

History. — Code 1933, § 95A-819, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1989, p. 356, § 2; Ga. L. 2000, p. 498, § 9; Ga. L. 2014, p. 851, § 3/HB 774.

Law reviews. —

For annual survey of local government law, see 56 Mercer L. Rev. 351 (2004).

32-4-64. Required letting of contracts by public bid.

Except as authorized by Code Section 32-4-63, all contracts shall be let by public bid.

History. — Code 1933, § 95A-820, enacted by Ga. L. 1973, p. 947, § 1.

32-4-65. Advertising for bids.

1. Notwithstanding any provision of Chapter 91 of Title 36 and of any other provision of law to the contrary, on all contracts to be let by public bid a county shall advertise for competitive sealed bids for at least two weeks. The public advertisement shall be inserted once a week for two weeks in such newspaper wherein the county sheriff’s sales are advertised or in such other newspapers or publications, or both, as will ensure adequate publicity, the first insertion to be two weeks prior to the opening of the sealed bids, the second to follow one week after the publication of the first insertion.
2. Such advertisement shall include but not be limited to the following:
   1. A description sufficient to enable the public to know the approximate extent and character of the work to be done;
   2. The time allowed for performance;
   3. The terms and time of payment;
   4. Where and under what conditions and costs the detailed plans and specifications and proposal forms may be obtained;
   5. The amount of the proposal guaranty, if one is required;
   6. The time and place for submission and opening of bids;
   7. The right of the county to reject any one or all bids; and
   8. Such further notice as the county may deem advisable as in the public interest.

History. — Code 1933, § 95A-821, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2000, p. 498, § 10.

32-4-66. Payment by bidder to cover costs.

A county may require each bidder to pay a reasonable sum sufficient to cover the cost to the county, where applicable, of the bid proposal form, the contract, and its specifications.

History. — Code 1933, § 95A-822, enacted by Ga. L. 1973, p. 947, § 1.

32-4-67. Proposal guaranty by bidder.

1. No bid, other than a bid solely for engineering or other kinds of professional services, will be considered by a county unless it is accompanied by a proposal guaranty in the form of a certified check or other acceptable security payable to the county for an amount deemed by the county in the public interest necessary to ensure that the successful bidder will execute the contract on which he bid.
2. A proposal guaranty will be returned to a bidder upon receipt by the county of the bidder’s written withdrawal of his bid if such receipt is before the time scheduled for the opening of bids. Upon the determination by a county of the lowest reliable bidder, the county will return the proposal guaranties to all bidders except that of the lowest reliable bidder. If no contract award is made within 30 days after the date set for the opening of bids, all bids shall be rejected and all proposal guaranties shall be returned unless the county and the successful bidder agree in writing to a longer period of time.

History. — Code 1933, § 95A-823, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2007, p. 167, § 3/HB 192.

32-4-68. Award of contract to lowest reliable bidder; procedure upon rejection of bids.

Where a contract has been let for bid, the county, by resolution entered in its minutes, shall award the contract to the lowest reliable bidder, provided that the county shall have the right to reject any and all such bids whether such right is reserved in the public notice or not and, in such case, may readvertise, perform the work itself, or abandon the project.

History. — Ga. L. 1922, p. 37, § 1c; Code 1933, § 95-1105; Code 1933, § 95A-824, enacted by Ga. L. 1973, p. 947, § 1.

32-4-69. Bonds of successful bidder generally.

Notwithstanding any provision of Chapter 91 of Title 36 to the contrary, when the price of a contract let to bid, other than a contract solely for engineering or other kinds of professional services, is $5,000.00 or more, no contract of a county shall be valid unless the contractor first gives:

1. A performance bond that meets the requirements established in Parts 1 and 3 of Article 3 of Chapter 91 of Title 36 in the amount of the bid, with one good and solvent surety, for the faithful performance of the contract and to indemnify the county for any damages occasioned by a failure to perform the same within the prescribed time;
2. A payment bond that meets the requirements established in Parts 1 and 4 of Article 3 of Chapter 91 of Title 36; and
3. Such other bonds required by the county in its advertisement for bids, including but not limited to public liability and property damage insurance bonds.

History. — Ga. L. 1922, p. 37, § 1b; Code 1933, § 95-1104; Code 1933, § 95A-825, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2000, p. 498, § 11; Ga. L. 2001, p. 820, § 4; Ga. L. 2007, p. 167, § 4/HB 192.

32-4-70. Bridge repair bonds.

1. As used in this Code section, the term “bridge” shall include the approaches to such bridge within 50 feet of either end except when the bridge itself measures 100 feet or more, in which case the term “bridge” shall include the approaches within 100 feet of either end of the bridge.
2. Where the contract relates to the construction or reconstruction of all or a part of a bridge, the county or counties affected may require the successful contractor to add to the conditions of the performance bond required under paragraph (1) of Code Section 32-4-69 the following condition: to keep the bridge in good condition for a period of not less than seven years.

History. — Laws 1888, Cobb’s 1851 Digest, p. 39; Code 1863, § 649; Code 1868, § 711; Code 1873, § 671; Code 1882, § 671; Civil Code 1895, § 603; Civil Code 1910, § 748; Code 1933, § 95-1001; Code 1933, § 95A-826, enacted by Ga. L. 1973, p. 947, § 1.

Cross references. —

Authority of counties to erect bridges across navigable streams, T. 36, C. 14.

32-4-71. Failure to take bonds; liability of county.

1. If the payment bond required by paragraph (2) of Code Section 32-4-69 is not taken, the county shall be liable to subcontractors, laborers, materialmen, and other persons, as provided in Part 4 of Article 3 of Chapter 91 of Title 36, for losses to them resulting from failure to take such bond.
2. If the condition of bridge repair authorized by Code Section 32-4-70 to be added to the performance bond is not taken, the contracting county or counties shall be primarily liable for all injuries caused by reason of any defective bridge for damages occurring within seven years of the contractor’s work on the bridge and its acceptance by the county or counties, provided that the county shall be discharged from all liability upon the inclusion in the performance bond of the aforesaid bridge repair condition.
3. Nothing in this Code section shall be construed so as to impose personal liability on the county governing authority.

History. — Laws 1888, Cobb’s 1851 Digest, p. 39; Code 1863, § 669; Code 1868, § 731; Code 1873, § 691; Code 1882, § 691; Civil Code 1895, § 603; Civil Code 1910, § 748; Code 1933, § 95-1001; Code 1933, § 95A-827, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2000, p. 498, § 12; Ga. L. 2001, p. 820, § 5.

32-4-72. Failure of successful bidder to sign contract or furnish bonds.

If the successful bidder fails to sign the contract or furnish the bonds required under authority of Code Section 32-4-71, his proposal guaranty, if one had been required by the county, will become the property of the county as liquidated damages. The contract then may be readvertised, performed with county forces, or the project abandoned.

History. — Code 1933, § 95A-828, enacted by Ga. L. 1973, p. 947, § 1.

32-4-73. Oath by successful bidder.

A successful bidder, before commencing the work, shall execute a written oath, as required by subsection (e) of Code Section 36-91-21, stating that he or she has not violated such Code section, which makes it unlawful to restrict competitive bidding.

History. — Code 1933, § 95A-829, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2000, p. 498, § 13; Ga. L. 2001, p. 820, § 6.

32-4-74. Applicability of other laws to this part.

Except as indicated to the contrary in this part, Chapter 91 of Title 36 shall not apply to this part.

History. — Code 1933, § 95A-830, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2000, p. 498, § 14; Ga. L. 2001, p. 4, § 32; Ga. L. 2001, p. 820, § 7.

Code Commission notes. —

The amendment of this Code section by Ga. L. 2001, p. 4, § 32, irreconcilably conflicted with and was treated as superseded by Ga. L. 2001, p. 820, § 7. See County of Butts v. Strahan, 151 Ga. 417 (1921).

32-4-90. Acquisition of rights of way.

Acquisition of rights of way for public roads on the state highway system located within the corporate limits of a municipality shall be made in compliance with subsection (e) of Code Section 32-3-3 and Code Section 32-5-25.

History. — Code 1933, § 95A-501, enacted by Ga. L. 1973, p. 947, § 1.

32-4-91. Construction and maintenance of systems; acquisition of labor; maximum bridge weight; notification of department about new streets and abandoned streets.

1. A municipality shall plan, designate, improve, manage, control, construct, and maintain an adequate municipal street system and shall have control of and responsibility for all construction, maintenance, or other work related to the municipal street system. Such work may be accomplished through the use of municipal forces, including inmate labor, by contract as authorized in paragraph (1) of subsection (a) of Code Section 32-4-92, or otherwise as permitted by law.

   (a.1) A municipality shall post on each bridge on the municipal street system and on each approach thereto on the municipal street a sign containing a legible notice showing the maximum safe weight limit for such bridge, each such sign to conform to the department regulations promulgated under authority of Code Section 32-6-50.

2. A municipality shall notify the department within three months after a municipal street is added to the municipal street system and shall further notify the department within three months after a municipal street is abandoned. This notification shall be accompanied by an appropriate digital file, map, or plat depicting the location of the new or abandoned street.

History. — Code 1933, § 95A-502, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1981, p. 953, § 2; Ga. L. 1996, p. 6, § 32; Ga. L. 1998, p. 1206, § 2; Ga. L. 2011, p. 583, § 7/HB 137.

Cross references. —

Weight of vehicle and load, § 32-6-26 .

Promulgation of rules and regulations governing hiring out of inmates, § 42-5-60 .

32-4-92. Powers.

1. The powers of a municipality with respect to its municipal street system, unless otherwise expressly limited by law, shall include but not be limited to the following:
   1. Subject to the limitations of subparagraph (d)(1)(A) of Code Section 32-2-61, a municipality has the authority to contract with any person, the federal government or its agencies, the state or its agencies, other municipalities, a county in which the municipality lies, or any combination of the foregoing entities for the construction, reconstruction, or maintenance of any public road located within the municipality;
   2. A municipality may accept and use federal and state funds for municipal street purposes and do all things necessary, proper, or expedient to achieve compliance with the provisions and requirements of all applicable federal-aid acts and programs. Nothing in this title is intended to conflict with any such federal-aid law and, in case of such conflict, such portion as may be in conflict with such federal law is declared of no effect to the extent of the conflict;
   3. A municipality may acquire, manage, and dispose of real property or any interests therein for public roads on its municipal street system under the procedures provided in Article 1 of Chapter 3 of this title and in Chapter 7 of this title. In acquiring property for rights of way for federal-aid highway projects on its system, the municipality shall comply with the requirements of the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended by the Uniform Relocation Act Amendments of 1987, Title IV of Public Law 100-17, and in general be guided by the policies applicable to the department as set forth in Code Section 32-8-1. For good cause shown, a municipality, at any time after commencement of condemnation proceedings and prior to final judgment therein, may dismiss its condemnation action, provided that (A) the condemnation proceedings have not been instituted under Article 1 of Chapter 3 of this title and (B) the condemnor has first paid to the condemnee all expenses and damages accrued to the condemnee up to the date of the filing of the motion for dismissal of the condemnation action;
   4. Subject to the requirements of Part 2 of this article, a municipality may purchase, borrow, rent, lease, control, manage, receive, and make payment for all personal property such as equipment, machinery, vehicles, supplies, material, and furniture which may be needed in the operation of the municipal street system and may sell or otherwise dispose of all personal property owned by the municipality and used in the operation of said municipal street system which is no longer necessary or useful in connection with the operation of said system; and it may execute such instruments as may be necessary in connection with the exercise of the foregoing powers in this paragraph;
   5. A municipality and its authorized agents and employees shall have the authority to enter upon any lands in the municipality for the purpose of making such surveys, soundings, drillings, and examinations as the municipality may deem necessary or desirable to accomplish the purposes of this title; and such entry shall not be deemed a trespass, nor shall it be deemed an entry which would constitute a taking in a condemnation proceeding. However, reasonable notice shall be given the owner or occupant of the property to be entered; such entry shall be done in a reasonable manner with as little inconvenience as possible to the owner or occupant of the property; and the municipality shall make reimbursement for any actual damages resulting from such entry;
   6. A municipality may employ, discharge, promote, set and pay the salaries and compensation of its personnel, and determine the duties, qualifications, and working conditions for all persons whose services are needed in the construction, maintenance, administration, operation, and development of its municipal street system; and may employ or contract as independent contractors with such engineers, surveyors, attorneys, consultants, and all other employees whose services may be required, subject to the limitations of existing law;
   7. Except as otherwise provided by Code Section 12-6-24, a municipality may regulate and control the use of the public roads on its municipal street system and on portions of the county road systems extending within the corporate limits of the municipality. Any municipality may regulate the parking of vehicles on any such roads in order to facilitate the flow of traffic and to this end may require and place parking meters on or immediately adjacent to any or all of such roads for the purpose of authorizing timed parking in designated spaces upon the payment of a charge for such privilege. A municipality also may place such parking meters on or adjacent to any public road on the state highway system located within the corporate limits of the municipality when authorized by the department pursuant to Code Section 32-6-2;
   8. A municipality may purchase supplies for municipal street system purposes through the state, as authorized by Code Sections 50-5-100 through 50-5-102;
   9. A municipality may provide lighting and maintenance thereof on any public road located within its limits;
   10. A municipality may grant permits and establish reasonable regulations for the installation, construction, maintenance, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, traffic and other signals, and other equipment, facilities, or appliances of any utility in, on, along, over, or under any part of its municipal street system and of a county road system lying within its municipal limits. However, such regulations shall not be more restrictive with respect to utilities affected thereby than are equivalent regulations promulgated by the department with respect to utilities on the state highway system under authority of Code Section 32-6-174. As a condition precedent to the granting of such permits, the municipality may require application in writing specifically describing the nature, extent, and location of the portion of the utility affected. The municipality may also require the applicant to furnish an indemnity bond or other acceptable security conditioned to pay for any damage to any part of a public road or to any member of the public caused by the work of the utility performed under authority of such permit. However, it shall be the duty of the municipality to ensure that the normal operation of the utility does not interfere with the use of any portion of the municipal street system or of a municipal extension of a county public road. The municipality may also order the removal and relocation of the utility, equipment, facilities, or appliances where such removal and relocation is made necessary by the construction and maintenance of any part of the municipal street system or municipal extension of a county public road. In so ordering the removal and relocation of a utility or in performing such work itself, the municipality shall conform to the procedure set forth for the department in Code Sections 32-6-171 and 32-6-173, except that when the removal and relocation have been performed by the municipality, it shall certify the expenses thereof for collection to its city attorney; and
   11. A municipality may provide for surveys, maps, specifications, and other things necessary in supervising, locating, abandoning, relocating, improving, constructing, or maintaining the municipal street system, or any part thereof, or any activities incident thereto or necessary in doing such other work on public roads as the municipality may be given responsibility for or control of by law.
2. In addition to the powers specifically delegated to it in this title, a municipality shall have the authority to perform all acts which are necessary, proper, or incidental to the efficient operation and development of the municipal street system; and this title shall be liberally construed to that end. Any such power vested by law in a municipality, but not implemented by specific provisions for the exercise thereof, may be executed and carried out by a municipality in a reasonable manner pursuant to such rules, regulations, and procedures as a municipality may adopt and subject to such limitations as may be provided by law.

History. — Code 1933, §§ 95A-503, 95A-504, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1980, p. 775, § 6; Ga. L. 1988, p. 1737, § 2; Ga. L. 2002, p. 1126, § 3.

Cross references. —

Assessments by municipalities for street improvements, T. 36, C. 39.

Use of parking meter receipts to pay principal, interest, and other expenses of revenue bonds issued to finance public parking areas or public parking buildings, § 36-82-62 .

U.S. Code. —

The Uniform Relocation System and Real Property Acquisition Policy Act of 1970, referred to in this Code section, is codified as 42 U.S.C. Ch. 61.

Law reviews. —

For annual survey of administrative law, see 56 Mercer L. Rev. 31 (2004).

For annual survey of local government law, see 57 Mercer L. Rev. 289 (2005).

32-4-93. Liability of municipalities for defects in public roads.

1. A municipality is relieved of any and all liability resulting from or occasioned by defects in the public roads of its municipal street system when it has not been negligent in constructing or maintaining the same or when it has no actual notice thereof or when such defect has not existed for a sufficient length of time for notice thereof to be inferred.
2. A municipality is relieved of any and all liability resulting from or occasioned by defective construction of those portions of the state highway system or county road system lying within its corporate limits or resulting from the failure of the department or the county to maintain such roads as required by law unless the municipality constructed or agreed to perform the necessary maintenance of such road.

History. — Civil Code 1895, § 749; Civil Code 1910, § 898; Code 1933, § 69-303; Ga. L. 1961, p. 469, § 4; Code 1933, § 95A-505, enacted by Ga. L. 1973, p. 947, § 1.

Cross references. —

Liability of municipal corporations for acts or omissions of officers, T. 36, C. 33.

Law reviews. —

For article discussing necessity of liability insurance for Georgia counties and municipalities, and constitutional authority of the units to provide such insurance, see 25 Ga. B.J. 35 (1962).

For article discussing Georgia’s practice of exposing municipalities to tort liability through the use of nuisance law, see 12 Ga. St. B. J. 11 (1975).

For article discussing origin and construction of Georgia statute concerning municipal liability for street defects, see 14 Ga. L. Rev. 239 (1980).

For annual survey of local government law, see 38 Mercer L. Rev. 289 (1986).

For annual survey article discussing local government law, see 51 Mercer L. Rev. 397 (1999).

For survey article on local government law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 353 (2003).

For annual survey of local government law, see 58 Mercer L. Rev. 267 (2006).

For note discussing state liability for highway defects and waiver of sovereign immunity under U.S. Const., amend. 11, see 27 Emory L.J. 337 (1978).

32-4-94. Standards for construction of curb ramps.

1. The standard for construction of curbs on each side of any municipal street or of any connecting street or road for which curbs have been prescribed by the governing body of the municipal corporation having jurisdiction thereover shall be not less than one ramp per lineal block giving on the crosswalks at intersections. Such ramps shall be at least 40 inches wide and shall be so constructed as to allow reasonable access to the crosswalk for physically disabled persons.
2. Standards set for curb ramping under subsection (a) of this Code section shall not apply to any curb existing on July 1, 1974, but shall apply to all new curb construction and to all replacement curbs constructed at any point in a block which gives reasonable access to a crosswalk; provided, however, that the standards set for curb ramping under subsection (a) of this Code section shall apply to curbs on each side of the street circling the state capitol; provided, further, that the standard for construction of curbs on each side of the street circling the state capitol shall be not less than two ramps per lineal block giving on the crosswalks at intersections.

History. — Ga. L. 1974, p. 514, § 1; Ga. L. 1995, p. 1302, § 14.

Cross references. —

Access to and use of public facilities by physically disabled persons generally, T. 30, C. 3.

32-4-110. “Contract” defined.

As used in this part, the term “contract” means a contract or subcontract entered into by a municipality with any person, the state or federal government or an agency of either, with another municipality or municipalities, with a county or counties, or with any combination of any of the foregoing entities, for the construction, reconstruction, or maintenance of all or part of a public road in said municipality, including but not limited to a contract or subcontract for the purchase of materials, for the hiring of labor, for professional services, or for other things or services incident to such work.

History. — Code 1933, § 95A-831, enacted by Ga. L. 1973, p. 947, § 1.

32-4-111. Authority of municipality to contract; form of contracts; approval of contracts by resolution.

A municipality shall have the authority to contract as set forth in this part and in Part 1 of this article. Any contract for work on all or part of the municipal road system shall be in writing and be approved by resolution which shall be entered on the minutes of such municipality.

History. — Code 1933, § 95A-832, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1991, p. 94, § 32.

32-4-112. Contracts with state agencies and adjoining counties.

1. A contract with a state agency is subject to those limitations of subparagraph (d)(1)(A) and paragraph (2) of subsection (d) of Code Section 32-2-61.
2. 1. A municipality may contract with any county in which part of the municipality lies for the construction and maintenance of a public road within the limits of such municipality. A municipality may contract with any county abutting the corporate limits of such municipality for the construction and maintenance of a bridge within the limits of both such municipality and such county.
   2. In such contract, the county may agree to use any county funds available for the construction and maintenance of roads in such county, including funds derived from general obligation bonds issued after approval in a county-wide election, to pay the costs, in whole or in part, of the construction or maintenance of such public road.
   3. In such contract, the municipality may agree to use any funds available for the construction and maintenance of roads in such municipality, together with any funds the municipality may collect pursuant to its power to assess any part of its share of the cost of such contract against abutting and adjoining property and the owners thereof according to the provisions of Chapter 39 of Title 36, as if the municipality were performing the work alone, unless the terms of such assessment shall be in violation of the municipality’s charter, an ordinance of the municipality, or a general law of the state.
   4. The work under such contract may be performed either by county or municipal forces or by a contractor employed by either or jointly.

History. — Code 1933, § 95A-833, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2018, p. 714, § 1/SB 324.

The 2018 amendment, effective July 1, 2018, added the second sentence in paragraph (b)(1).

32-4-113. Limitations on power to contract; at least two estimates required for certain expenditures.

1. A municipality is prohibited from negotiating a contract except a contract:
   1. Involving the expenditure of less than $200,000.00;
   2. With a state agency or political subdivision as authorized by Code Sections 32-4-111 and 32-4-112;
   3. With a railroad or railway company or a publicly or privately owned utility as authorized by Article 6 of Chapter 6 of this title;
   4. For engineering or other kinds of professional or specialized services;
   5. For emergency maintenance requiring immediate repairs to a public road, including but not limited to bridge repairs, snow and ice removal, and repairs due to flood conditions; or
   6. Otherwise expressly authorized by law.
2. No contract involving an expenditure of more than $20,000.00 but less than $200,000.00 shall be awarded under this Code section without the submission of at least two estimates.

History. — Code 1933, § 95A-834, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1989, p. 356, § 3; Ga. L. 2014, p. 851, § 4/HB 774.

32-4-114. Required letting of contracts by public bid.

Except as authorized by Code Section 32-4-113, all contracts shall be let by public bid.

History. — Code 1933, § 95A-835, enacted by Ga. L. 1973, p. 947, § 1.

32-4-115. Advertising for bids.

1. Notwithstanding any provision of Code Section 36-39-10 to the contrary, on all contracts to be let by public bid a municipality shall advertise for competitive sealed bids for at least two weeks. The public advertisement shall be inserted once a week in such newspapers wherein the county sheriff’s sales are advertised or in such newspapers or other publications, or both, as will ensure adequate publicity, the first insertion to be at least two weeks prior to the opening of the sealed bids, the second to follow one week after the publication of the first insertion.
2. Such advertisement shall include but not be limited to the following:
   1. A description sufficient to enable the public to know the approximate extent and character of the work to be done;
   2. The time allowed for performance;
   3. The terms and time of payment;
   4. Where and under what conditions and costs the detailed plans and specifications and proposal forms may be obtained;
   5. The amount of the proposal guaranty, if one is required;
   6. The time and place for submission and opening of bids;
   7. The right of the municipality to reject any one or all bids; and
   8. Such further notice as the municipality may deem advisable as in the public interest.

History. — Ga. L. 1922, p. 37, § 1a; Code 1933, § 95-1103; Code 1933, § 95A-836, enacted by Ga. L. 1973, p. 947, § 1.

32-4-116. Payment by bidder to cover costs.

A municipality may require each bidder to pay a reasonable sum sufficient to cover the cost to the municipality, where applicable, of the bid proposal form, the contract, and its specifications.

History. — Code 1933, § 95A-837, enacted by Ga. L. 1973, p. 947, § 1.

32-4-117. Proposal guaranty by bidder.

1. A municipality may require that each bid on a particular contract, as a prerequisite to the bid being considered, be accompanied by a proposal guaranty in the form of a certified check or other acceptable security payable to the municipality for an amount deemed by the municipality in the public interest necessary to ensure that the successful bidder will execute the contract on which he bid.
2. Such proposal guaranty will be returned to a bidder upon receipt by the municipality of the bidder’s written withdrawal of his bid if such receipt is before the time scheduled for the opening of bids. Upon the determination by the municipality of the lowest reliable bidder, the municipality will return proposal guaranties to all bidders except the proposal guaranty of the lowest reliable bidder. If no contract award is made within 30 days after the date set for the opening of bids, all bids shall be rejected and all proposal guaranties shall be returned unless the municipality and the successful bidder agree in writing to a longer period of time.

History. — Code 1933, § 95A-838, enacted by Ga. L. 1973, p. 947, § 1.

32-4-118. Award of contract to lowest reliable bidder; procedure upon rejection of bids.

Notwithstanding any provisions of Code Section 36-39-11 to the contrary, where a contract has been let for bid, the municipality, by resolution entered in its minutes, shall award the contract to the lowest reliable bidder, provided that the municipality shall have the right to reject any and all such bids whether such right is reserved in the public notice or not and, in such case, may readvertise, perform the work itself, or abandon the project.

History. — Ga. L. 1922, p. 37, § 1c; Code 1933, § 95-1005; Code 1933, § 95A-839, enacted by Ga. L. 1973, p. 947, § 1.

32-4-119. Bonds of successful bidder.

Notwithstanding any provision of Chapter 91 of Title 36 to the contrary, where the contract price is $5,000.00 or more, no construction contract of a municipality, other than a contract solely for engineering or other professional services, shall be valid unless the contractor first gives:

1. A performance and payment bond which meets the requirements of Parts 1, 3, and 4 of Article 3 of Chapter 91 of Title 36; and
2. Such other bonds or insurance policies required by the municipality in its proposal forms, including but not limited to public liability and property damage insurance bonds or policies and bonds to maintain in good condition such completed construction for a period of not less than five years.

History. — Ga. L. 1922, p. 37, § 1b; Code 1933, § 95-1104; Code 1933, § 95A-840, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2001, p. 820, § 8; Ga. L. 2007, p. 167, § 5/HB 192.

32-4-120. Failure to take bonds; liability of municipality.

If the payment bond required by Code Section 32-4-119 is not taken, the municipality then shall be liable to subcontractors, laborers, materialmen, and other persons, as provided in Part 4 of Article 3 of Chapter 91 of Title 36, for losses to them resulting from failure to take such bond.

History. — Code 1933, § 95A-841, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2000, p. 498, § 15; Ga. L. 2001, p. 820, § 9.

32-4-121. Failure of successful bidder to sign contract or furnish bonds.

If the successful bidder fails to sign the contract or furnish the bonds required under authority of Code Section 32-4-119, his proposal guaranty, if one had been required by the municipality, will become the property of the municipality as liquidated damages. The contract then may be readvertised, or the project may be abandoned.

History. — Code 1933, § 95A-842, enacted by Ga. L. 1973, p. 947, § 1.

32-4-122. Oath by successful bidder.

A successful bidder, before commencing the work, shall execute a written oath, as required by subsection (e) of Code Section 36-91-22, stating that he has not violated such Code section which makes it unlawful to restrict competitive bidding.

History. — Code 1933, § 95A-843, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2001, p. 4, § 32.

32-4-123. Other laws applicable to part.

Except as indicated to the contrary in this part, Chapter 91 of Title 36 shall not apply to this part.

History. — Code 1933, § 95A-844, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2000, p. 498, § 16; Ga. L. 2001, p. 820, § 10.

32-5-1. Receipt of federal-aid funds by state; department authorized to waive chapter provisions inconsistent with or contrary to federal laws, rules, or regulations.

1. The state treasurer is designated a proper authority to receive any of the federal-aid funds apportioned by the federal government under 23 U.S.C. and to receive any other federal funds apportioned to the State of Georgia for public road and other public transportation purposes, unless designated otherwise by the federal government and except as such funds may be directed by the federal government to the State Road and Tollway Authority.
2. If any provisions of this chapter are inconsistent with or contrary to any laws, rules, regulations, or other requirements of the United States Department of Transportation or other federal agencies, the Georgia Department of Transportation is authorized and empowered to waive such provisions of this chapter in order to resolve any such inconsistency or conflict, it being the purpose of this chapter to enable the department to comply with any requirement of the federal government in order to procure all possible federal aid and assistance for the construction or maintenance of the public roads of Georgia and other public transportation purposes.

History. — Code 1933, § 95A-701, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1982, p. 3, § 32; Ga. L. 1991, p. 94, § 32; Ga. L. 1993, p. 1402, § 18; Ga. L. 1999, p. 112, § 1; Ga. L. 2001, p. 1251, § 1-4; Ga. L. 2010, p. 863, § 3/SB 296.

Law reviews. —

For article, “Standards for Smart Growth: Searching for Limits on Agency Discretion and the Georgia Regional Transportation Authority,” see 36 Georgia L. Rev. 247 (2001).

For note on 1999 amendment to this Code section, see 16 Ga. St. U. L. Rev. 233 (1999).

32-5-2. Appropriation of funds to department.

All federal funds received by the state treasurer under Code Section 32-5-1 are continually appropriated to the department for the purpose specified in the grants of such funds except as such funds may be directed by the federal government to the State Road and Tollway Authority.

History. — Code 1933, § 95A-702, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1993, p. 1402, § 18; Ga. L. 2001, p. 1251, § 1-5; Ga. L. 2010, p. 863, § 3/SB 296; Ga. L. 2015, p. 1072, § 2/SB 169.

32-5-20. “State Public Transportation Fund” defined.

As used in this article, the term “State Public Transportation Fund” means that money the expenditures of which are controlled and supervised by the department by virtue of paragraph (2) of subsection (a) of Code Section 32-2-2.

History. — Code 1933, § 95A-703, enacted by Ga. L. 1973, p. 947, § 1.

Cross references. —

Motor fuel and road taxes, T. 48, C. 9.

32-5-21. Priority of expenditures from fund.

Subject to the restrictions on expenditures imposed by Code Section 32-5-23, the State Public Transportation Fund shall be expended by the department in the following order:

1. To pay the rentals on lease contracts entered into pursuant to the authority of the Constitution of Georgia;
2. To pay into the State of Georgia Guaranteed Revenue Debt Common Reserve Fund the amount of the highest annual debt service requirements for an issue of guaranteed revenue debt for public road projects initiated pursuant to Code Section 32-10-67, upon its issuance, when the guarantee of the specific issue has been authorized by an appropriation of moneys governed by Article III, Section IX, Paragraph VI(b) of the Constitution and the appropriation meets the requirements for such debt as provided by Article VII, Section IV, Paragraph III(b) of the Constitution;
3. To pay the costs of operating the department and for any emergencies or unusual situations;
4. To pay the costs necessary to comply with the conditions of federal-aid apportionments to the state for the planning, surveying, constructing, paving, and improving of the public roads in Georgia;
5. As directed from time to time by appropriations Acts; and
6. After the requirements set out in the foregoing provisions of this Code section have been met, the remainder of the State Public Transportation Fund to be expended to pay the costs of maintaining, improving, constructing, and reconstructing the public roads of the state highway system, for maintaining roads within and leading to state parks, and for constructing public roads by department forces.

History. — Code 1933, § 95A-704, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1982, p. 3, § 32; Ga. L. 1983, p. 3, § 56; Ga. L. 1991, p. 1355, § 2; Ga. L. 2009, p. 976, § 11/SB 200.

32-5-22. Other expenditures from fund.

Expenditures from the State Public Transportation Fund may be made, under such conditions as the department may provide, for streets, driveways, and parking areas located upon the property of and serving:

1. Public schools;
2. Colleges of the university system;
3. State agencies and governments of political subdivisions; and
4. Hospitals constructed with the assistance of financial grants from the federal government, authorized by Title 42, Chapter 6A, Subchapter IV, United States Code, as amended.

History. — Code 1933, § 95A-705, enacted by Ga. L. 1973, p. 947, § 1.

32-5-23. Limitations on expenditures from fund.

Notwithstanding Code Section 32-5-22 and except as expressly authorized elsewhere in this title, no funds from the State Public Transportation Fund shall be expended for the construction or maintenance of:

1. Private driveways, roads, or bridges; or
2. Public roads that have since been abandoned.

History. — Code 1933, § 95A-706, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1982, p. 3, § 32.

Cross references. —

Abandonment of public roads, T. 32, C. 7.

32-5-24. Authorization of expenditure for public roads serving planned communities.

Reserved. Repealed by Ga. L. 2015, p. 385, § 2-6/HB 252, effective July 1, 2015.

Editor’s notes. —

This Code section was based on Code 1933, § 95A-706.1, enacted by Ga. L. 1974, p. 1215, § 3; Ga. L. 1982, p. 3, § 32.

Ga. L. 2015, p. 385, § 1-1/HB 252, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘J. Calvin Hill, Jr., Act.’ ”

32-5-25. Use of fund in regard to acquisition of rights of way.

Whenever property is acquired under subsection (e) of Code Section 32-3-3, all expenses of the acquisition thereof, including the purchase price and all direct and consequential damages awarded in any proceeding brought to condemn any such right of way, shall be paid by the county in which such right of way or portion thereof is situated. When such right of way or portion thereof lies within the limits of a municipality, acquisition expenses shall be paid by such municipality unless the county concerned agrees to procure such right of way on behalf of the municipality. However, nothing contained in this Code section shall prevent the department from using the State Public Transportation Fund to acquire such right of way, to pay any damage awarded on account of the location of any road that is a part of the state highway system, or to assist a county or municipality in so doing. Furthermore, nothing in this Code section shall be construed to authorize an expenditure from the State Public Transportation Fund for the procurement of a right of way for a road to be constructed on a county road system or municipal street system except as otherwise provided by law or by agreement between the federal government and the department.

History. — Code 1933, § 95-1721, enacted by Ga. L. 1935, p. 160, § 1; Code 1933, § 95A-707, enacted by Ga. L. 1973, p. 947, § 1.

Cross references. —

Acquisition of rights of way within municipalities for state highway system, § 32-4-90 .

32-5-26. Reimbursement of counties and municipalities in regard to acquisition of rights of way.

The department shall be required to reimburse any county or municipality of this state the sums actually expended by it in accordance with subsection (e) of Code Section 32-3-3 where construction on the right of way so acquired by the county or municipality has not been begun within ten years from the date title to such right of way was acquired in the name of the department.

History. — Ga. L. 1947, p. 1186, § 1; Code 1933, § 95A-708, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1974, p. 1422, § 18.

32-5-27. Allocation formula development and implementation.

1. The Planning Division of the department and the director of planning shall develop an allocation formula for:
   1. A state-wide transportation asset management program;
   2. A state-wide transportation asset improvement program; and
   3. A local maintenance and improvement grant program.

      Funds from the State Public Transportation Fund shall be allocated by the department pursuant to such formula as further defined in subsections (b) through (d) of this Code section and as appropriated by the General Assembly. Every four years, concurrent with the renewal of the state-wide strategic transportation plan, the division and the director shall update the data used in the allocation formula and shall review the distributional components of the formula and at such time may amend the formula as necessary to support implementation of the plans provided for in Code Section 32-2-22.

2. Funds appropriated for the state-wide transportation asset management program shall be allocated pursuant to the long-range state-wide strategic transportation plan and shall be available for administration, maintenance, operations, and rehabilitation of infrastructure.
3. 1. Funds allocated for the state-wide transportation asset improvement program shall be allocated for capital construction projects, which may include new capacity, expansion of current infrastructure, safety improvements, or completion of, additions to, and capital improvement of state strategic corridors and economic development highways, including but not limited to those identified pursuant to Code Section 32-4-22. Recommendations for appropriation to the state-wide transportation asset improvement program shall include consideration of current and future regional population and regional employment. Local funding matches may be required.
   2. A portion of this allocation shall be a specific itemized and prioritized project list and such portion shall be not less than 10 percent nor more than 20 percent of the aggregate allocation from the State Public Transportation Fund, subject to and consistent with the provisions of the state-wide transportation improvement program, for such fiscal year. In developing such project list the division and the director may accept project recommendations from the Transportation Committees of the Senate and the House of Representatives, the Governor, metropolitan planning organizations, and nonmetropolitan areas. Such projects shall be prioritized in accordance with the state-wide strategic transportation plan. The division and the director shall submit such prioritized capital construction projects to the Governor for consideration in advance of the legislative session each year. The Governor shall submit all or a portion of such capital construction project requests as part of the Governor’s budget recommendations to the General Assembly. The General Assembly may appropriate funds to any project on the prioritized project list.
   3. In addition to the portion of the state-wide transportation asset improvement program subject to the 10 percent limitation in paragraph (2) of this subsection, additional funds from the State Public Transportation Fund may be allocated to the state-wide transportation asset improvement program that are not subject to specific project selection.
4. Funds allocated for the local maintenance and improvement grant program shall replace funds formerly available under the local assistance road program and state-aid program and shall be allocated by the Local Grants Division of the department to local governing authorities as grants or otherwise according to a funding formula developed by the division and the director. Such formula shall include considerations of paved and unpaved lane miles and vehicle miles traveled and may include population, employment, and local funding matches available, as well as other factors as may be determined by the division and the director. Funds allocated each fiscal year for the local maintenance and improvement grant program shall be not less than 10 percent nor more than 20 percent of the money derived from motor fuel taxes received by the state in the immediately preceding fiscal year, less the amount of refunds, rebates, and collection costs authorized by law and shall be used only for the purposes available for the proceeds of such taxes. Grants of such funds shall include provisions requiring adherence to adequate roadway standards, accounting practices, and applicable transportation plans. Additional allocations to this program from other funding sources shall be allocated subject to the requirements for usage attached to such funds.
5. Funds allocated or appropriated pursuant to the provisions of this Code section shall not be subject to redirection or reservation pursuant to Chapter 12 of Title 45 or to budgetary reduction except as provided by subparagraph (b) of Paragraph VI of Section IX of Article III of the Constitution.
6. Information pertaining to all funds received and expended by, through, or from the department, including but not limited to project numbers, let dates, estimated costs, actual costs, estimated completion date, status, priority ranking, congressional, House, and Senate districts, vendor names, contract amounts, and other pertinent contract information, shall be published on the website of the department as data in structured format. As used in this subsection, “structured format” means data that is presented in machine readable format.

History. — Code 1981, § 32-5-27 , enacted by Ga. L. 2009, p. 976, § 12/SB 200.

Code Commission notes. —

Pursuant to Code Section 28-9-5, in 2009, a comma was deleted following “the division” in the last sentence of subsection (a).

32-5-27.1. Ten-Year Strategic Plan.

1. In addition to the requirements contained in Code Section 32-5-27, the department shall annually prepare and submit to the General Assembly, for approval by the Senate Transportation Committee and the House Committee on Transportation, a ten-year strategic plan that outlines the use of department resources for the upcoming fiscal years.
2. The Senate Transportation Committee and the House Committee on Transportation shall approve the plan and may make recommendations to the Senate Appropriations Committee and the House Committee on Appropriations for their consideration in developing the budget.
3. Such plan shall identify at least the following categories and establish a target percentage of resources to be expended and the respective fund sources in each of the following areas:
   1. Construction of new highway projects;
   2. Maintenance of existing infrastructure;
   3. Bridge repairs and replacement;
   4. Safety enhancements; and
   5. Administrative expenses.
4. Priority shall be given to expenditure of available resources for maintenance, expansion, and improvement of highway infrastructure in the areas of this state most impacted by traffic congestion and to areas of this state in need of highway infrastructure to aid in attracting economic development to the area.
5. Such plan shall also bring forward all efficiencies found within the bureaucracy of the department and how those funds have been redirected to road construction.

History. — Code 1981, § 32-5-27.1 , enacted by Ga. L. 2015, p. 236, § 2-1/HB 170.

Editor’s notes. —

Ga. L. 2015, p. 236, § 8-1/HB 170, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Transportation Funding Act of 2015.’ ”

Ga. L. 2015, p. 236, § 8-2/HB 170, not codified by the General Assembly, provides: “It is the intention of the General Assembly, subject to appropriations and other constitutional obligations of this state, that year to year revenue increases be prioritized to fund education, transportation, and health care in this state.”

Ga. L. 2015, p. 236, § 9-1(b)/HB 170, not codified by the General Assembly, provides: “Tax, penalty, and interest liabilities and refund eligibility for prior taxable years shall not be affected by the passage of this Act and shall continue to be governed by the provisions of Title 48 of the Official Code of Georgia Annotated as it existed immediately prior to the effective date of this Act.” This Act became effective July 1, 2015.

Law reviews. —

For article on the 2015 enactment of this Code section, see 32 Ga. St. U. L. Rev. 261 (2015).

32-5-30. Allocation of state and federal funds; items excluded from budgeting; budgeting periods; authorization of reduction of funds allocated.

1. 1. The total of expenditures from the State Public Transportation Fund under paragraphs (4), (5), and (6) of Code Section 32-5-21 plus expenditures of federal funds appropriated to the department shall be budgeted by the department over two successive budgeting periods every decade. However, such budgeting shall not include:
      1. Any federal funds specifically designated for projects that have been earmarked by a member of Congress in excess of appropriated funds;
      2. Any funds for a project undertaken for purposes of providing for the planning, surveying, constructing, paving, and improving of The Dwight D. Eisenhower System of Interstate and Defense Highways within the state; or
      3. Any funds for a project undertaken for purposes of providing for the planning, surveying, constructing, paving, and improving of any part of the state designated freight corridor, when such designation is made by the director of planning with approval from a majority of the board.
   2. The first budgeting period shall commence immediately following redistricting of congressional districts and shall be for a duration of five years. The second budgeting period shall continue until the beginning of the budgeting period following the next redistricting of congressional districts after each decennial census; provided, however, that if the congressional districts have been redrawn prior to a new decennial census, but after the approval of an existing map based on the last decennial census, the budgeting period shall include two successive budgeting periods. The first budgeting period shall end upon approval of the new redistricting and the second budgeting period shall commence from the date such redrawn congressional districts have been approved and shall continue until the next budgeting period following the next redistricting of congressional districts. The department shall budget such expenditures such that at the end of such budgeting period funding obligations equivalent to at least 80 percent of such total for such budgeting period shall have been divided equally among the congressional districts in this state, as those districts existed at the commencement of such budgeting period, for public road and other public transportation purposes in such districts.
2. 1. The board may upon approval by two-thirds of its membership authorize a reduction in the share of funds allocated pursuant to this Code section to any such congressional district if such supermajority of the board determines that such district does not have sufficient projects available for expenditure of funds within that district to avoid lapsing of appropriated funds.
   2. In the event that funding becomes available to the department which could not otherwise be allocated among congressional districts due to the allocation requirements of this Code section, the board may upon approval by a majority of its membership authorize a waiver of such allocation requirements to the extent necessary to allow the expenditure of such funding, and any project, projects, or portion thereof undertaken with such additional funding shall be in addition to those projects funded in accordance with the allocation requirements of this Code section in the fiscal year in which the additional funds became available or any subsequent year; provided, however, that any such waiver shall be valid only for the fiscal year in which it is granted, and any funds budgeted pursuant to a waiver granted by this paragraph which were not obligated by the end of such fiscal year shall not be obligated in violation of the allocation requirements of this Code section in a subsequent fiscal year unless a majority of the board again authorizes a waiver of the allocation requirements in such subsequent fiscal year.
3. Provisions of this Code section may be waived pursuant to subsection (b) of Code Section 32-5-1 only upon approval by two-thirds of the membership of the board.

History. — Code 1981, § 32-5-30 , enacted by Ga. L. 1999, p. 112, § 2; Ga. L. 2000, p. 1483, § 1; Ga. L. 2001, p. 4, § 32; Ga. L. 2002, p. 1490, § 1; Ga. L. 2005, p. 724, § 1/SB 4; Ga. L. 2006, p. 72, § 32/SB 465; Ga. L. 2009, p. 8, § 32/SB 46; Ga. L. 2013, p. 67, § 2/HB 202; Ga. L. 2017, p. 774, § 32/HB 323.

The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, substituted “provided, however, that if” for “provided, however, if” near the middle of the second sentence of paragraph (a)(2).

Law reviews. —

For article, “Standards for Smart Growth: Searching for Limits on Agency Discretion and the Georgia Regional Transportation Authority,” see 36 Ga. L. Rev. 247 (2001).

For note on 1999 enactment of this Code section, see 16 Ga. St. U. L. Rev. 233 (1999).

32-5-31. Duty of board to submit yearly report; requirements of report.

In each calendar year, the board shall provide to the Governor, Lieutenant Governor, and Speaker of the House of Representatives a written report detailing the allocation of funding obligations among congressional districts pursuant to Code Section 32-5-30 for the fiscal year ending June 30 of that same calendar year. Such report shall include without limitation the annual funding obligations and the projected expenditures of funds for the five-year period and any and all documents or information indicating how the department intends to allocate the applicable state and federal funds among congressional districts as required by Code Section 32-5-30 or a detailed explanation of why the department is unable to allocate such funds as required.

History. — Code 1981, § 32-5-31 , enacted by Ga. L. 1999, p. 112, § 2; Ga. L. 2000, p. 1483, § 1.

Law reviews. —

For article, “Standards for Smart Growth: Searching for Limits on Agency Discretion and the Georgia Regional Transportation Authority,” see 36 Ga. L. Rev. 247 (2001).

32-6-1. Obstructing, encroaching on, or injuring public roads.

1. It shall be unlawful for any person to obstruct, encroach upon, solicit the sale of any merchandise on, or injure materially any part of any public road. For purposes of this Code section, the term “obstruct” shall include without limitation the causing of any buildup of rock, gravel, mud, dirt, chemicals, or other materials by continued ingress or egress of vehicles or of any natural waters dammed or redirected by diversion to an extent which presents a hazard to the traveling public.
2. Any person who unlawfully obstructs, encroaches upon, or injures said public road shall be responsible for reimbursing the Department of Transportation or the applicable local governing authority in the case of a road which is part of a county road system or municipal street system for the costs of removal of said obstructions or encroachments and the costs of repairs to the public road incurred by such department or local governing authority, including any costs associated with traffic management; provided, however, that such costs shall be limited to those costs which are directly incurred from such damages. Costs incurred for traffic management may include, but not be limited to, costs incurred for flagging, signing, or provision of detours, provided that these activities are directly caused by the obstruction, encroachment, or injury to the public road system. The court may, in addition to any other sentence authorized by law, order a person convicted of violating this Code section to make such restitution for the offense.
3. Nothing in this Code section shall abridge or limit any authority provided by law for the installation and operation of vending machines at welcome centers, tourist centers, and safety rest areas. Nothing in this Code section shall limit in any way the department’s authority to lease property to state or federal agencies, counties, or municipalities as provided for in Code Section 32-7-5, or limit the Department of Transportation’s ability to grant a license to any utility or railroad corporation as defined in Code Section 46-1-1.

History. — Code 1933, § 95A-903, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1979, p. 132, § 4; Ga. L. 1988, p. 1431, § 1; Ga. L. 1993, p. 315, § 1; Ga. L. 2002, p. 1126, § 4.

Cross references. —

Further provisions regarding obstruction of public roads, § 16-11-43 .

Prohibition against interference with public roads and streets by mass picketing near site of labor dispute, § 34-6-5 .

Law reviews. —

For article, “Recommendations Regarding Control of Outdoor Advertising Along the Interstate Highway System in Georgia,” see 14 Mercer L. Rev. 308 (1963).

32-6-2. Authority of department, counties, and municipalities to regulate parking; parking vehicles or leaving vehicles unattended on right of way of public road on state highway system.

Notwithstanding Code Section 40-6-200 and Code Sections 40-6-202 through 40-6-204:

1. The department may regulate and prohibit the parking of any type of vehicle on any public road on the state highway system, including extensions thereof into or through municipalities. Whenever any state or local law enforcement officer finds a vehicle parked in violation of law or the department’s regulations, such officer or employee is authorized to move such vehicle or require the driver or other person in charge of the vehicle to move the same. If the vehicle is unattended, such officer is authorized to remove or provide for the removal of such vehicle to the nearest garage or other place of safety at the owner’s expense. State or local law enforcement officers and the department are further authorized, with or without the consent of the owner, to remove or have removed any obstruction, cargo, or personal property which is abandoned, unattended, or damaged as a result of a vehicle accident which the department determines to be a threat to public health or safety or to mitigate traffic congestion, and any person or towing service that is removing an obstruction, cargo, or personal property at the location of such obstruction, cargo, or personal property upon instruction by a law enforcement officer, an official of a fire department acting under the authority of paragraph (1) of Code Section 25-3-1 or paragraph (3) of Code Section 25-3-2, or an official of the department shall be liable only for gross negligence;
2. A county may regulate and control the parking of vehicles on the county road system and to this end the county may place parking meters on or immediately adjacent to any or all such roads, except extensions into a municipality, for the purpose of authorizing timed parking in designated spaces upon the payment of a charge for such privilege. A county may also place such parking meters on or adjacent to any public road on the state highway system located within the county and outside the corporate limits of a municipality when authorized by the department pursuant to paragraph (1) of this Code section;
3. A municipality may regulate and control the parking of vehicles on its municipal street system and on extensions of a county  road system within its corporate limits and to this end may place parking meters on or immediately adjacent to any or all of such roads for the purpose of authorizing timed parking in designated spaces upon the payment of a charge for such privilege. A municipality also may place such parking meters on or adjacent to any public road on the state highway system located within the corporate limits of the municipality when authorized by the department pursuant to paragraph (1) of this Code section; and
4. It shall be unlawful for any person to park or leave unattended any vehicle upon the right of way of any public road on the state highway system for over 48 hours.

History. — Code 1933, § 95A-904, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1982, p. 3, § 32; Ga. L. 1985, p. 149, § 32; Ga. L. 1993, p. 370, § 1; Ga. L. 2000, p. 951, § 2-3; Ga. L. 2005, p. 334, § 12-1/HB 501; Ga. L. 2007, p. 170, § 1/HB 231.

Code Commission notes. —

Pursuant to Code Section 28-9-5, in 2006, “county road” was substituted for “count yroad” in the first sentence of paragraph (3).

Law reviews. —

For article, “Recommendations Regarding Control of Outdoor Advertising Along the Interstate Highway System in Georgia,” see 14 Mercer L. Rev. 308 (1963).

32-6-3. Deposit of driver’s license with arresting officer in lieu of bail or incarceration; driver’s failure to appear before proper judicial officer; applicability of Code section to foreign licenses.

Reserved. Repealed by Ga. L. 1999, p. 81, § 32, effective April 5, 1999.

Editor’s notes. —

This Code section was based on Code 1933, § 95A-1101, enacted by Ga. L. 1978, p. 1989, § 4. For present provisions, see Code Section 17-6-11.

32-6-4. Removal of natural or manmade obstructions, cargo, or personal property during state of emergency.

State or local law enforcement officers, including fire department officials, and the department are authorized, upon the issuance of an executive order by the Governor declaring a state of emergency, with or without the consent of the owner, to remove or have removed any natural or manmade obstruction, cargo, or other personal property which is abandoned, unattended, or damaged and the law enforcement officer or the department determines such object to be a threat to public health or safety or to be contributing to traffic congestion. Any person, contractor, towing service, or other entity that is removing an obstruction, cargo, or other personal property pursuant to the instruction of a law enforcement officer, an official of a fire department acting under the authority of paragraph (1) of Code Section 25-3-1 or paragraph (3) of Code Section 25-3-2, or the department, and under the provisions of this Code section, shall be liable for damage or harm at the location where the obstruction, cargo, or other personal property was left abandoned or unattended, only when the person, contractor, towing service, or other entity was grossly negligent in the performance of his or her assigned duties; provided, however, nothing in this Code section shall limit liability for any damage or harm caused at a location different from the location where the obstruction, cargo, or other personal property was left abandoned or unattended.

History. — Code 1981, § 32-6-4 , enacted by Ga. L. 2011, p. 583, § 8/HB 137.

32-6-5. Closure of or limiting access to roads due to declared state of emergency for inclement weather conditions; exception for certain vehicle operators.

1. The department may close or limit access to any portion of road on the state highway system due to a declared state of emergency for inclement weather conditions that results in dangerous driving conditions. There shall be erected or posted signage of adequate size indicating that a portion of the state highway system has been closed or access has been limited. When the department determines a road shall have limited access due to a declared state of emergency for inclement winter weather conditions, notice shall be given to motorists through posted signage that motor vehicles must be equipped with tire chains, four-wheel drive with adequate tires for existing conditions, or snow tires with a manufacturer’s all weather rating in order to proceed. Such signage shall inform motorists that it shall be unlawful to proceed on such road without such equipment. With the exception of buses, operators of commercial motor vehicles as defined by Code Section 40-1-1 with four or more drive wheels traveling on a road declared as limited access due to a declared state of emergency for inclement winter weather conditions shall affix tire chains to each of the outermost drive wheel tires. Bus and motor coach operators shall affix tire chains to at least two of the drive wheel tires before proceeding on a road with limited access due to a declared state of emergency for inclement winter weather conditions. For purposes of this Code section, the term “tire chains” means metal chains which consist of two circular metal loops, positioned on each side of a tire, connected by not less than nine evenly spaced chains across the tire tread or any other traction devices as provided for by rules and regulations of the commissioner of public safety.
2. A driver of a motor vehicle who causes an accident or blocks the flow of traffic while failing to comply with the requirements of subsection (a) of this Code section when access is limited on the state highway system due to a declared state of emergency for inclement weather conditions shall be fined up to $1,000.00.
3. This Code section shall not apply to a tow operator towing a motor vehicle or traveling to a site from which a motor vehicle shall be towed or to emergency responders traveling the roadway in order to fulfill their duties.

History. — Code 1981, § 32-6-5 , enacted by Ga. L. 2012, p. 1343, § 6/HB 817; Ga. L. 2014, p. 807, § 1/HB 753.

Administrative rules and regulations. —

Tire chains, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Public Safety, Chapter 570-37.

32-6-6. Camping on roadways; penalty.

1. For purposes of this Code section, the term “camping” means temporary habitation outdoors as evidenced by one or more of the following actions: the erection or use of tents or other shelters; the laying down of sleeping bags, blankets, or other materials used for bedding; the placing or storing of personal belongings; the making of a fire; or the act of cooking.
2. It shall be unlawful for any person to knowingly use any portion of road on the state highway system or any property owned by the department for camping.
3. Nothing in this Code section shall prohibit the normal, customary, and temporary use of safety rest areas, welcome centers, tourist centers, and other property of the department or state highway system specifically designated for purposes of resting, sleeping, eating, or other similar activities by persons traveling by vehicle.
4. This Code section shall not apply to state or local government officials or employees acting in their official capacity and while performing activities as part of their official duties and shall not apply to any employee of a contractor or subcontractor performing duties under a contract with the department.
5. Any person convicted of violating this Code section shall be guilty of a misdemeanor.

History. — Code 1981, § 32-6-6 , enacted by Ga. L. 2018, p. 372, § 5/SB 445.

Effective date. —

This Code section became effective July 1, 2018.

Cross references. —

Information for traveling public, § 32-2-4 .

32-6-20. General restrictions.

No vehicle or load shall be operated or moved upon the public roads of Georgia if a dimension or the weight of such vehicle or load exceeds the limitations specified in Code Sections 32-6-22 through 32-6-24 or in Code Section 32-6-26 unless exempted in Code Section 32-6-25 or authorized to do so by a permit issued pursuant to Code Section 32-6-28.

History. — Ga. L. 1927, p. 226, § 15; Code 1933, § 68-401; Code 1933, § 95A-953, enacted by Ga. L. 1973, p. 947, § 1.

Cross references. —

Observing laws by motor carriers, § 40-1-122 .

32-6-21. Redesignated.

Reserved. Redesignated as Code Section 40-6-248.1 by Ga. L. 2006, p. 275, § 3-9/HB 1320, effective July 1, 2006.

Editor’s notes. —

Ga. L. 2006, p. 275, § 3-9/HB 1320, redesignated former Code Section 32-6-21 as present Code Section 40-6-248.1.

Ga. L. 2006, p. 275, § 4-1/HB 1320 reserved the designation of this Code section.

32-6-22. Height of vehicles and loads.

1. Except as authorized in subsection (b) of this Code section and except when so authorized by a permit issued pursuant to Code Section 32-6-28, no vehicle unladen or with a load shall exceed a height of 13 feet, six inches.
2. On highways which constitute a part of The Dwight D. Eisenhower System of Interstate and Defense Highways as such term is used in 23 U.S.C. Section 127 and ramps or service streets which provide reasonable access thereto, no vehicle transporting motor vehicles (commonly known as automobile carriers) unladen or with a load shall exceed a height of 14 feet.

History. — Ga. L. 1927, p. 226, § 15; Code 1933, § 68-401; Ga. L. 1941, p. 449, § 1; Ga. L. 1956, p. 83, § 2; Ga. L. 1959, p. 27, § 1; Ga. L. 1964, p. 83, § 1; Ga. L. 1968, p. 30, § 1; Code 1933, § 95A-956, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1996, p. 1010, § 1; Ga. L. 2000, p. 136, § 32.

32-6-23. Width of vehicles and loads.

Unless otherwise provided in this Code section or exempted in Code Section 32-6-25 or so authorized by a permit issued pursuant to Code Section 32-6-28, no vehicle shall exceed a total outside width, including any load thereon, of 102 inches, exclusive of mirrors and accessories attached thereto, when operated on any street, road, or highway.

History. — Ga. L. 1927, p. 226, § 15; Code 1933, § 68-401; Ga. L. 1941, p. 449, § 1; Ga. L. 1951, p. 772, § 1; Ga. L. 1956, p. 83, § 2; Ga. L. 1959, p. 27, § 1; Ga. L. 1964, p. 83, § 1; Ga. L. 1968, p. 30, § 1; Code 1933, § 95A-957, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1979, p. 439, § 1; Ga. L. 1983, p. 1798, § 1; Ga. L. 1984, p. 22, § 32; Ga. L. 1984, p. 621, § 1; Ga. L. 1999, p. 567, § 1.

32-6-24. Length of vehicles and loads.

1. As used in this article, the term:
   1. “Bimodal semitrailer” means a detachable load-carrying unit designed to be attached to a coupling on the rear of a truck tractor by which it is partly supported during movement over the highway and designed either with retractable flanged wheels or to attach to a detachable flanged wheel assembly for movement on the rails.
   2. “Combination of vehicles” means a semitrailer pulled by a truck tractor or a semitrailer and trailer pulled by a truck tractor operating in a truck tractor-semitrailer-trailer combination.
   3. “Extendable semitrailer” means a semitrailer that has been manufactured for the purpose of extending the frame to increase the overall length for the purpose of transporting single-piece loads.
   4. “NHS” means the National Highway System.
   5. “Semitrailer” means a detachable load-carrying unit designed to be attached to a coupling on the rear of a truck tractor by which it is partly supported.
   6. “Trailer” means a detachable load-carrying unit designed to be attached to a coupling at the rear of a semitrailer and capable of support in operation without the truck tractor.
   7. “Truck tractor” means the noncargo-carrying power unit that operates in combination with a semitrailer or trailer, except that a truck tractor and semitrailer engaged in the transportation of automobiles may transport motor vehicles on part of the power unit.
2. Unless exempted in Code Section 32-6-25 or so authorized by a permit issued pursuant to Code Section 32-6-28, the following length limits shall apply:
   1. Trailer and semitrailer lengths:
      1. Truck tractor-semitrailer-trailer combinations shall have trailers and semitrailers that do not exceed 28 feet in length;
      2. Truck tractor-semitrailer combinations shall have semitrailers that do not exceed 53 feet in length, unless signs are posted that indicate semitrailer length restrictions;
      3. On interstate and NHS routes, single-piece loads may be transported on an extendable semitrailer that exceeds 53 feet, provided that no pieces will be loaded end to end and the semitrailer does not exceed 75 feet in length; on roads other than the interstate and NHS routes, the foregoing provisions of this subparagraph shall also apply, except that the overall length shall not exceed 100 feet. Empty extendable semitrailers or extendable semitrailers transporting a single-piece load of 53 feet or less shall be required to maintain a semitrailer length of 53 feet or less. When the semitrailer is extended as described in this subparagraph, the rear extremity of each extendable semitrailer or load shall be marked with a four-inch multidirectional amber strobe light and with 18 inch bright red or orange warning flags on the rearmost of the load or semitrailer;
      4. Maxi-cube combinations shall have a cargo box that does not exceed 34 feet, provided that the pair of cargo boxes together does not exceed 60 feet and the overall length, including the power unit, does not exceed 65 feet; and
      5. Trailer and semitrailer length requirements in this paragraph shall not apply to automobile and boat transporters; however, no unit of the vehicle shall exceed 56 feet in length; and
   2. Overall truck tractor-semitrailer or truck tractor-semitrailer-trailer lengths:
      1. Maxi-cube combinations shall have an overall length that does not exceed 65 feet;
      2. Saddlemount and saddlemount with fullmount combinations shall have an overall length that does not exceed 97 feet; and
      3. All other combinations of truck tractor-semitrailer or truck tractor-semitrailer-trailer operated on roads other than interstate or the NHS shall have an overall length that does not exceed 100 feet, unless signs are posted that indicate length restrictions. This maximum length shall include the federal allowance for automobile and boat transporter loads to overhang up to three feet over the front of the vehicle and overhang up to six feet over the rear of the vehicle.

History. — Ga. L. 1927, p. 226, § 15; Code 1933, § 68-401; Ga. L. 1956, p. 83, § 2; Ga. L. 1959, p. 27, § 1; Ga. L. 1964, p. 83, § 1; Ga. L. 1968, p. 30, § 1; Code 1933, § 95A-958, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1974, p. 1422, §§ 35, 36; Ga. L. 1979, p. 439, § 2; Ga. L. 1980, p. 576, §§ 1-3; Ga. L. 1981, p. 133, § 1; Ga. L. 1983, p. 1798, § 2; Ga. L. 1985, p. 1002, § 1; Ga. L. 1987, p. 414, § 1; Ga. L. 1987, p. 1030, § 1; Ga. L. 1989, p. 1569, § 1; Ga. L. 1989, p. 693, § 1; Ga. L. 1990, p. 255, § 1; Ga. L. 1991, p. 94, § 32; Ga. L. 1992, p. 2467, § 1; Ga. L. 1993, p. 786, § 1; Ga. L. 1995, p. 990, § 1; Ga. L. 1996, p. 1010, § 2; Ga. L. 1999, p. 567, § 2; Ga. L. 1999, p. 828, § 1; Ga. L. 2000, p. 136, § 32; Ga. L. 2000, p. 1654, § 1; Ga. L. 2001, p. 4, § 32; Ga. L. 2010, p. 442, § 1/HB 1174; Ga. L. 2017, p. 720, § 1/HB 328.

The 2017 amendment, effective July 1, 2017, substituted “six feet” for “four feet” near the end of the last sentence of subparagraph (b)(2)(C).

Cross references. —

Light, flag, or strobe lamp on projecting load, § 40-8-27 .

Code Commission notes. —

Pursuant to Code Section 28-9-5, in 1988, “term” was substituted for “terms” at the end of the introductory language of subsection (a).

32-6-25. Exemptions for farming, agricultural, and forest management equipment.

The limitations of Code Section 32-6-23 as to width and of Code Section 32-6-24 as to length shall not apply to the following loads and vehicles, which may exceed such limitation without a permit: farming or agricultural equipment or forest management equipment, whether self-propelled or being hauled, when such vehicle or equipment is being operated during daylight hours upon a public road not part of The Dwight D. Eisenhower System of Interstate and Defense Highways by dealers or by the owner thereof or his agent within a radius of 40 miles of the property of the dealer or owner. The foregoing exemptions do not apply to vehicles hauling or transporting forest products.

History. — Ga. L. 1965, p. 206, § 1; Ga. L. 1968, p. 30, § 1; Code 1933, § 95A-954, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1974, p. 532, § 1; Ga. L. 2000, p. 136, § 32.

32-6-25.1. Exemptions for port vehicles used to transport cargo or containers.

The limitations of Code Section 32-6-23 as to width and of Code Section 32-6-24 as to length shall not apply to the following loads and vehicles, which may exceed such limitation without a permit: Any vehicle or equipment used for transporting cargo or containers between and within wharves, storage areas, or terminals within the facilities of any port under the jurisdiction of the Georgia Ports Authority when such vehicle or equipment is being operated upon any public road not part of The Dwight D. Eisenhower System of Interstate and Defense Highways by the owner thereof or his or her agent within a radius of ten miles of the port facility of origin and accompanied by an escort vehicle equipped with one or more operating amber flashing lights that are visible from a distance of 500 feet.

History. — Code 1981, § 32-6-25.1 , enacted by Ga. L. 1999, p. 784, § 2; Ga. L. 2000, p. 136, § 32.

32-6-26. Weight of vehicle and load.

1. As used in this Code section, the term:
   1. “Federal bridge formula” means:

      Click to view

      Where W = the overall gross weight on any group of two or more consecutive axles to the nearest 500 pounds, L = the distance in feet between the extreme of any group of two or more consecutive axles, and N = the number of axles in the group under consideration.

      LN

      W = 500 _______________ + 12 N + 36

      N-1

      Click to view

   2. “Lift axle” means any axle on any vehicle manufactured after July 1, 1978, which axle may be raised or lowered with respect to the horizontal plane of the vehicle.
   3. “Single axle” means all the wheels whose centers may be included between two parallel transverse vertical planes 40 inches apart.
   4. “State bridge formula” means:

      Click to view

      Where W = the maximum allowable gross weight of the vehicle or combination of vehicles to the nearest 500 pounds, L = the distance in feet between the first and last axles of the vehicle or combination of vehicles, and N = the number of axles on the vehicle or combination of vehicles.

      Click to view

      LN

      W = 500 _______________ + 12 N + 36

      N-1

   5. “Tandem axle” means two or more consecutive axles, excluding the steering axle, which extend across the full width of the vehicle and whose centers may be included between parallel vertical planes spaced more than 40 inches apart but not more than 216 inches apart.
2. Except when authorized by a permit issued pursuant to Code Section 32-6-28 and except as otherwise provided in this Code section:
   1. No vehicle equipped with high pressure pneumatic, solid rubber, or cushion tires and operated upon any public road of this state shall carry a load on any wheel which exceeds 8,000 pounds by more than 13 percent or a load on any single axle which exceeds 16,000 pounds by more than 13 percent; and
   2. No vehicle equipped with low pressure pneumatic tires and operated upon any public road of this state shall carry a load on any wheel which exceeds 9,000 pounds by more than 13 percent or a load on any single axle which exceeds 18,000 pounds by more than 13 percent.
3. 1. 1. On all highways within this state which are not interstate highways, the maximum total gross weight authorized for any vehicle and load shall not exceed 80,000 pounds; the maximum load authorized on any single axle shall be as provided in subsection (b) of this Code section; the maximum load on any tandem axle shall be 40,680 pounds; and subject to subparagraph (B) and subparagraph (C) of this paragraph, the maximum total gross weight authorized for any vehicle and load shall be the maximum load authorized on any single axle multiplied by the number of axles with which the vehicle is equipped.
      2. For vehicles and loads with an actual total gross weight between 73,280 pounds and 80,000 pounds, the maximum total gross weight authorized for the vehicle and load shall be determined by applying the state bridge formula.
      3. For any vehicle equipped with four axles, the maximum total gross weight authorized for the vehicle and load shall be 70,000 pounds.
   2. Reserved.
   3. No lift axle may be used in computing the maximum total gross weight authorized for any vehicle or load.
4. 1. 1. On all highways within this state which are interstate highways, the maximum total gross weight authorized for any vehicle and load shall not exceed 80,000 pounds; the maximum load authorized on any single axle shall be as provided in subsection (b) of this Code section; and, except as provided in subparagraph (B) of this paragraph, the maximum overall gross weight in pounds on a group of two or more consecutive axles shall be determined by applying the federal bridge formula. In applying the formula, no lift axle shall be counted as an individual or additional axle when determining the maximum overall gross weight.
      2. Notwithstanding the provisions of subparagraph (A) of this paragraph, the maximum load authorized on any tandem axle shall be 34,000 pounds, and any two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each if the overall distance between the first and last axles of such consecutive sets of tandem axles is 36 feet or more; however, except for vehicles and combinations of vehicles exceeding 55 feet in length, the maximum gross weight authorized on a tandem axle for a vehicle or combination of vehicles carrying a gross weight of less than 73,280 pounds shall be 40,680 pounds.
   2. If at any time federal law authorizes any weight greater than that authorized by this subsection, such greater weight under federal law shall be authorized on the interstate highways within this state.
5. Subject to the provisions of this article, the department shall be authorized, on behalf of the state, to enter into agreements with the United States Secretary of Transportation as provided in Section 127 of Title 23 of the United States Code, relating to the control of vehicle weight and width limitations, which agreements shall exempt certain vehicles from the requirements of subsection (d) of this Code section. The department shall be authorized to take action in the name of the state to comply with the terms of any such agreement and to promulgate any rules and regulations necessary to ensure the department’s compliance with federal laws and to provide for the issuance of the special permits required by this Code section.
6. On any public road of a county road system, the maximum total gross weight of a vehicle and load shall not exceed 56,000 pounds unless the vehicle is making a pickup or delivery on such road; except that if a county road is constructed to the same standards as those highways of this state which are interstate highways and is authorized as a designated local truck route pursuant to official resolution of the county, the maximum weight limits for such designated local truck route shall be the same as those for highways in this state which are not interstate highways as provided by paragraph (1) of subsection (c) of this Code section. The county shall notify the department of any roads designated by the county as a local truck route within 90 days of such designation.
7. 1. The weight limitations provided for in this Code section, except the limitation in subsections (f) and (h) of this Code section, may be exceeded on any public road within this state which is not an interstate highway, or when making a pickup or delivery on any public road of a county road system, without a permit only when the load on any single axle does not exceed 23,000 pounds, the load on any tandem axle does not exceed 46,000 pounds, and the maximum total gross weight of the vehicle and load does not exceed 80,000 pounds when:
      1. Hauling forest products from the forest where cut to the first point of marketing or processing;
      2. Hauling live poultry or cotton from a farm to a processing plant;
      3. Hauling feed from a feed mill to a farm;
      4. Hauling granite, either block or sawed, or any other naturally occurring raw ore or mineral for further processing, from the quarry or stockpile area to a processing plant located in the same or an adjoining county and construction aggregates hauled to any point, unless otherwise prohibited;
      5. Hauling solid waste or recovered materials from points of generation to a solid waste handling facility or other processing facility;
      6. Hauling concrete that is in a freshly mixed and unhardened state for delivery to a customer; or
      7. Hauling poultry waste from the point of origin to a farm.

         No lift axle may be used in computing the maximum total gross weight authorized for any vehicle or load under this paragraph.

   2. A vehicle which is hauling the products listed in subparagraphs (A) through (F) of paragraph (1) of this subsection or which is hauling any other agricultural or farm product from a farm to the first point of marketing or processing shall be permitted a 5 percent variance from the weight limitations in paragraph (1) of this subsection within a 100 mile radius of the farm or point of origin. Any person who violates the load limitations provided for in this paragraph by exceeding the 5 percent variance per single axle, tandem axle, or maximum total gross weight shall be fined on the basis of the weight limitations of paragraph (1) of this subsection, including the variance allowed by this paragraph.
   3. A vehicle which is hauling the products listed in subparagraph (G) of paragraph (1) of this subsection shall be permitted a 5 percent variance from the weight limitations in paragraph (1) of this subsection within a 250 mile radius of the farm or point of origin. Any person who violates the load limitations provided for in this paragraph by exceeding the 5 percent variance per single axle, tandem axle, or maximum total gross weight shall be fined on the basis of the weight limitations of paragraph (1) of this subsection and not on the basis of the variance allowed by this paragraph.
   4. Any vehicle carrying a load as authorized in this subsection at night shall be equipped with lights clearly visible for a distance of not less than 300 feet from the front and rear of the vehicle.
8. Notwithstanding any provision of this Code section to the contrary, no vehicle or combination of vehicles shall be operated over any bridge with a posted limit which is less than the total gross weight of the vehicle and its load.
9. 1. Any vehicle which can be made to comply with the requirements of this Code section by shifting the load and which is then loaded to comply with this Code section shall not be held to be in violation of this Code section.
   2. On all highways within this state which are not interstate highways:
      1. Except as provided in subparagraph (B) of this paragraph, for all vehicles, fines for violations of the total gross weight limitations provided for in subsection (c) of this Code section shall be based on the amount by which the actual weight of the vehicle and load exceeds the allowable maximum weight determined under subsection (c) of this Code section.
      2. For vehicles equipped with four axles, fines for violations of the total gross weight limitations provided for in subsection (c) of this Code section shall be based on the amount by which the actual weight of the vehicle and load exceeds 70,000 pounds.
10. Except as provided in subsections (f) and (h) of this Code section, weight limits and axle definitions for any bimodal semitrailer, semitrailers, and trailers operated on highways and public roads within this state shall be weight limits and axle definitions authorized by federal law governing interstate highways.

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FORMULA

FORMULA

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History. — Ga. L. 1927, p. 226, § 16; Ga. L. 1931, Ex. Sess., p. 114, § 2; Code 1933, §§ 68-402, 68-702; Ga. L. 1941, p. 449, §§ 1-3; Ga. L. 1955, p. 392, §§ 1, 2; Ga. L. 1956, p. 83, § 2; Ga. L. 1964, p. 83, § 1; Ga. L. 1968, p. 30, §§ 1, 2; Code 1933, § 95A-959, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1974, p. 1111, § 1; Ga. L. 1975, p. 68, § 1; Ga. L. 1978, p. 1965, § 1; Ga. L. 1978, p. 1989, § 1; Ga. L. 1980, p. 576, § 4; Ga. L. 1983, p. 3, § 23; Ga. L. 1983, p. 1798, §§ 3, 4; Ga. L. 1984, p. 621, § 2; Ga. L. 1987, p. 414, § 2; Ga. L. 1989, p. 693, §§ 2, 3; Ga. L. 1995, p. 862, § 1; Ga. L. 1996, p. 1512, §§ 2, 3; Ga. L. 1998, p. 1206, § 3; Ga. L. 2000, p. 136, § 32; Ga. L. 2002, p. 1484, § 1; Ga. L. 2004, p. 366, § 22; Ga. L. 2005, p. 601, § 2/SB 160; Ga. L. 2005, p. 822, § 1/HB 279; Ga. L. 2006, p. 72, § 32/SB 465; Ga. L. 2006, p. 292, § 1/HB 1106; Ga. L. 2007, p. 237, § 1/HB 536; Ga. L. 2008, p. 155, § 1/HB 981; Ga. L. 2011, p. 548, § 1/SB 54; Ga. L. 2012, p. 775, § 32/HB 942; Ga. L. 2012, p. 1343, § 7/HB 817.

Cross references. —

Posting of bridge weight limit on county road, § 32-4-41 .

Posting of bridge weight limit on municipal street, § 32-4-91 .

Designated local truck route signs, § 32-6-50 .

32-6-27. Enforcement of load limitations.

1. Any person who violates the load limitation provisions of Code Section 32-6-26 shall be conclusively presumed to have damaged the public roads, including bridges, of this state by reason of such overloading and shall recompense the state for such damage in accordance with the following schedule:
   1. Five cents per pound for all excess weight over the allowed weight limitations, including any applicable variances;
   2. For the following vehicles, damages for excess weight shall be assessed at 125 percent times the rate imposed on offending vehicles operating without a permit:
      1. Where a vehicle is authorized to exceed the weight limitations of Code Section 32-6-26 by a permit issued pursuant to Code Section 32-6-28, the term “excess weight” means that weight which exceeds the weight allowed by such permit; and
      2. Where a vehicle is authorized to exceed the weight limitations of Code Section 32-6-26 by a permit issued pursuant to Code Section 32-6-28 as a superload permit or superload plus permit, the term “excess weight” means:
         1. Any single axle weight which exceeds any single axle weight allowed by such permit; and
         2. All weight greater than 150,000 pounds when the gross weight of the vehicle and load exceeds the gross weight allowed by such permit or when any axle spacing is less than that specified by such permit; or
   3. Any vehicle that utilizes idle reduction technology shall have any penalty for violating Code Section 32-6-26, except for subsections (f) and (h), calculated by reducing from the actual gross weight, single axle weight, tandem axle weight, or the allowed weight on any group of two or more axles the manufacturer’s certified weight of the idle reducing technology or 550 pounds, whichever is less. The operator of the vehicle shall present written certification from the manufacturer specifying the weight of the idle reducing technology and demonstrate that the idle reducing technology is fully functional at all times when so requested by any law enforcement officer or employee of the Department of Public Safety.

   (a.1) (1) (A) The Department of Public Safety is authorized to issue a citation to the owner or operator of any vehicle in violation of a maximum weight limit on a county road which is a designated local truck route under subsection (f) of Code Section 32-6-26 and for which signs have been placed and maintained as required under paragraph (2) of subsection (c) of Code Section 32-6-50.

2. The schedules listed in paragraphs (1) and (2) of subsection (a) of this Code section shall apply separately to:
   1. The excess weight of the gross load; and
   2. The sum of the excess weight or weights of any axle or axles;

      provided, however, that where both gross load and axle weight limits are exceeded, the owner or operator shall be required to recompense the state only for the largest of the money damages imposed under paragraphs (1) and (2) of this subsection.

3. 1. Within 30 days after the issuance of the citation, the owner or operator of any offending vehicle shall pay the amount of the assessment to the Department of Public Safety or request an administrative determination of the amount and validity of the assessment.
   2. The right to an administrative determination of the amount and validity of the assessment shall be granted only to the owner or operator of an offending vehicle.
   3. The party requesting an administrative determination of the amount and validity of the assessment shall deposit the amount of the assessment with the Department of Public Safety, within the time permitted to request such determination, before the determination will be granted. In the event the assessment is determined to be erroneous, the Department of Public Safety shall make prompt refund of any overpayment after receipt of a final decision making such determination.
   4. If an administrative hearing is requested, it shall be held in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” and the rules and regulations of the Department of Public Safety. The scope of any such hearing shall be limited to a determination of:
      1. The weight of the offending vehicle;
      2. The maximum weight allowed by law on the roadway upon which the offending vehicle was operated; and
      3. Whether the operator had in his or her actual possession a valid oversize or overweight permit issued by the Department of Transportation allowing the vehicle to operate in excess of the maximum weight otherwise allowed by law on the roadway upon which the offending vehicle was operated.
   5. Any person who has exhausted all administrative remedies available within the Department of Public Safety and who is aggrieved by a final order of the Department of Public Safety is entitled to judicial review in accordance with Chapter 13 of Title 50.
   6. If a party requests an administrative determination of the amount and validity of the assessment and fails to appear without first obtaining permission from the administrative law judge or does not withdraw the request in writing no less than five days in advance of a scheduled hearing, the party shall be deemed in default and the citation shall be affirmed by operation of law. The party shall be deemed to owe the sum of $75.00 in addition to the amount due on the citation, which sum shall represent hearing costs.
4. All moneys collected in accordance with this Code section shall be disposed of as follows:
   1. All moneys collected for violations of the weight limitations imposed by this article shall be remitted to the general fund of the state treasury;
   2. All moneys collected for violations of the height, width, or length limitations imposed by this article, after the appropriate statutory deductions, shall be retained by the governing authority of the county wherein the violation occurred for deposit in the general treasury of said county;
   3. Hearing costs imposed pursuant to paragraph (6) of subsection (c) of this Code section shall be retained by the Department of Public Safety;
   4. Reissuance fees imposed pursuant to paragraph (4) of subsection (g) of this Code section shall be retained by the Department of Revenue; and
   5. Restoration fees imposed pursuant to paragraph (1) of subsection (i) of this Code section shall be retained by the Department of Revenue.
5. Any owner or operator of a vehicle which is operated on the public roads of this state in violation of the weight limitations provided in this article shall be required, in addition to paying the moneys provided in subsection (a) of this Code section, to unload all gross weight in excess of 6,000 pounds over the legal weight limit at the closest reasonable location.
6. Any person authorized by law to enforce this article may seize the offending vehicle of an owner who fails or whose operator fails to pay the moneys prescribed in subsection (a) of this Code section and hold such vehicle until the prescribed moneys are paid. If the offending vehicle is not registered in this state, any person authorized by law to enforce this article may seize any vehicle owned or operated by an owner who fails or whose operator fails to pay the moneys prescribed in subsection (a) of this Code section and hold such vehicle until the prescribed moneys are paid. Any person seizing a vehicle under this subsection or subsection (e) of this Code section may, when necessary, store the vehicle; and the owner thereof shall be responsible for all reasonable storage charges thereon. When any vehicle is seized, held, unloaded, or partially unloaded under these subsections, the load or any part thereof shall be removed or cared for by the owner or operator of the vehicle without any liability on the part of the authorized person or of the state or any political subdivision because of damage to or loss of such load or any part thereof.
7. 1. Whenever any person, firm, or corporation violates this article and becomes indebted to the Department of Public Safety because of such violations and fails within 30 days of the date of issuance of the overweight assessment citation either to pay the assessment or appeal to the Department of Public Safety for administrative review, as provided for in subsection (c) of this Code section, such assessment shall become a lien upon the overweight motor vehicle so found to be in violation, which lien shall be superior to all liens except liens for taxes or perfected security interests established before the debt to the Department of Public Safety was created.
   2. Whenever any person, firm, or corporation requests an administrative review, it shall be held in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” In the event that the administrative law judge finds in favor of the Department of Public Safety, the person, firm, or corporation shall pay the assessment within 30 days after that decision becomes final or, if judicial review is had in accordance with Chapter 13 of Title 50, then within 30 days after final judicial review is terminated. If the person, firm, or corporation fails to pay the assessment within 30 days, such assessment shall become a lien as provided for under paragraph (1) of this subsection.
   3. The Department of Public Safety shall perfect the lien created under this subsection by sending notice thereof on a notice designated by the commissioner of public safety, by first-class mail or by statutory overnight delivery, to the owner and all holders of liens and security interests shown on the records of the Department of Revenue maintained pursuant to Chapter 3 of Title 40. Upon receipt of notice from the Department of Public Safety, the holder of the certificate of title shall surrender same to the state revenue commissioner for issuance of a replacement certificate of title bearing the lien of the department unless the assessment is paid within 30 days of the receipt of notice. The Department of Revenue may append the lien to its records, notwithstanding the failure of the holder of the certificate of title to surrender said certificate as required by this paragraph.
   4. Upon issuance of a title bearing the lien of the Department of Public Safety, or the appending of the lien to the records of the Department of Revenue, the owner of the vehicle or the holder of any security interest or lien shown in the records of the Department of Revenue may satisfy such lien by payment of the amount of the assessment, including hearing costs, if any, and payment of a reissuance fee of $100.00. Upon receipt of such amount, the Department of Public Safety shall release its lien and the Department of Revenue shall issue a new title without the lien.
8. 1. The Department of Public Safety, in seeking to foreclose its lien on the motor vehicle arising out of an overweight motor vehicle citation assessed under this article, may seek an immediate writ of possession from the court before whom the petition is filed, if the petition contains a statement of facts, under oath, by the Department of Public Safety, its agents, its officers, or attorney setting forth the basis of the petitioner’s claim and sufficient grounds for issuance of an immediate writ of possession.
   2. The Department of Public Safety shall allege under oath specific facts sufficient to show that it is within the power of the defendant to conceal, encumber, convert, convey, or remove from the jurisdiction of the court the property which is the subject matter of the petition.
   3. The court before whom the petition is pending shall issue a writ for immediate possession, upon finding that the petitioner has complied with paragraphs (1) and (2) of this subsection. If the petitioner is found not to have made sufficient showing to obtain an immediate writ of possession, the court may, nevertheless, treat the petition as one being filed under Code Section 44-14-231 and proceed accordingly.
   4. When an immediate writ of possession has been granted, the Department of Public Safety shall proceed against the defendant in the same manner as provided for in Code Sections 44-14-265 through 44-14-269.
9. 1. Whenever any person, firm, or corporation violates this article and fails within 30 days of the date of issuance of the overweight assessment citation either to pay the assessment or appeal to the Department of Public Safety for an administrative review as provided for under Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” the Department of Revenue may act to suspend the motor vehicle registration of the vehicle involved. However, if the person, firm, or corporation requests an administrative review, the Department of Revenue shall act to suspend the registration only after the issuance of a final decision favorable to the Department of Public Safety and the requisite failure of the person, firm, or corporation to pay the assessment. Upon such failure to pay the assessment, the Department of Revenue shall send a letter to the owner of such motor vehicle notifying the owner of the suspension of the motor vehicle registration issued to the motor vehicle involved in the overweight assessment citation. Upon complying with this subsection by paying the overdue assessment and upon submitting proof of compliance and paying a $10.00 restoration fee to the Department of Revenue, the state revenue commissioner shall reinstate any motor vehicle registration suspended under this subsection. In cases where the motor vehicle registration has been suspended under this subsection for a second or subsequent time during any two-year period, the Department of Revenue shall suspend the motor vehicle registration for a period of 60 days and thereafter until the owner submits proof of compliance with this subsection and pays the $150.00 restoration fee to the Department of Revenue.
   2. Unless otherwise provided for in this Code section, notice of the effective date of the suspension of a motor vehicle registration occurs when the owner has actual knowledge or legal notice thereof, whichever first occurs. For the purposes of making any determination relating to the restoration of a suspended motor vehicle registration, no period of suspension shall be deemed to have begun until ten days after the mailing of the notice required in paragraph (1) of this subsection.
   3. For the purposes of this subsection, except where otherwise provided, the mailing of a notice to a person at the name and address shown in records of the Department of Revenue maintained under Chapter 3 of Title 40 shall, with respect to the holders of liens and security interests, be presumptive evidence that such person received the required notice.
   4. For the purposes of this subsection, except where otherwise provided, the mailing of a notice to a person or firm at the name and address shown on the overweight assessment citation shall, with respect to owners and operators of vehicles involved in an overweight assessment, be presumptive evidence that such person received the required notice.
   5. The state revenue commissioner may suspend the motor vehicle registration of any offending vehicle for which payment of an overweight assessment is made by a check that is returned for any reason.
   6. For the purposes of this subsection, where any provisions require the Department of Public Safety or the Department of Revenue to give notice to a person, which notice affects such person’s motor vehicle license plate, the mailing of such notice and the name and address shown on the notice of overdue assessment citation supplied by the Department of Public Safety, as required by this subsection, shall be presumptive evidence that such person received the required notice.

(B) The Department of Public Safety is authorized to issue a warning to the owner or operator of any vehicle in violation of a maximum weight limit on a county road which is a designated local truck route under subsection (f) of Code Section 32-6-26 but for which signs have not been placed or maintained as required under paragraph (2) of subsection (c) of Code Section 32-6-50 upon the first such violation and to issue a citation to such owner or operator for a subsequent such violation.

(2) (A) The Department of Public Safety is authorized to issue a citation to the owner or operator of any vehicle in violation of a maximum weight limit on a bridge for which signs have been placed and maintained as required under paragraph (3) of Code Section 32-4-41 or subsection (a.1) of Code Section 32-4-91.

(B) The Department of Public Safety is authorized to issue a warning to the owner or operator of any vehicle in violation of a maximum weight limit on a bridge but for which signs have not been placed or maintained as required under paragraph (3) of Code Section 32-4-41 or subsection (a.1) of Code Section 32-4-91 upon the first such violation and to issue a citation to such owner or operator for a subsequent such violation.

History. — Ga. L. 1956, p. 83, § 3; Code 1933, § 95A-960, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1974, p. 1422, § 37; Ga. L. 1978, p. 1989, § 2; Ga. L. 1981, p. 998, § 1; Ga. L. 1982, p. 3, § 32; Ga. L. 1983, p. 3, § 23; Ga. L. 1985, p. 149, § 32; Ga. L. 1992, p. 1236, § 2; Ga. L. 1998, p. 1206, § 4; Ga. L. 2000, p. 951, §§ 2-4, 2-5; Ga. L. 2002, p. 415, § 32; Ga. L. 2003, p. 450, § 1; Ga. L. 2005, p. 334, § 12-2/HB 501; Ga. L. 2005, p. 822, § 2/HB 279; Ga. L. 2006, p. 72, § 32/SB 465; Ga. L. 2007, p. 237, § 2/HB 536; Ga. L. 2010, p. 442, § 2/HB 1174; Ga. L. 2011, p. 548, § 2/SB 54; Ga. L. 2017, p. 720, § 2/HB 328.

The 2017 amendment, effective July 1, 2017, substituted “550 pounds” for “400 pounds” near the end of the first sentence of paragraph (a)(3).

32-6-28. Permits for excess weight and dimensions.

1. Generally.
   1. 1. The commissioner or an official of the department designated by the commissioner may, in his or her discretion, upon application in writing and good cause being shown therefor, issue a permit in writing authorizing the applicant to operate or move upon the state’s public roads a motor vehicle or combination of vehicles and loads whose weight, width, length, or height, or combination thereof, exceeds the maximum limit specified by law, provided that the load transported by such vehicle or vehicles is of such nature that it is a unit which cannot be readily dismantled or separated; and provided, further, that no permit shall be issued to any vehicle whose operation upon the public roads of this state threatens to unduly damage a road or any appurtenance thereto, except that the dismantling limitation specified in this Code section shall not apply to loads which consist of cotton, tobacco, concrete pipe, and plywood that do not exceed a width of nine feet or of round bales of hay that do not exceed a width of 11 feet and which are not moved on part of The Dwight D. Eisenhower System of Interstate and Defense Highways. However, vehicles transporting portable buildings and vehicles not exceeding 65 feet in length transporting boats on roads not a part of The Dwight D. Eisenhower System of Interstate and Defense Highways, regardless of whether the nature of such buildings or boats is such that they can be readily dismantled or separated, may exceed the lengths and widths established in this article, provided that a special permit for such purposes has been issued as provided in this Code section, but no such special permit shall be issued for a load exceeding 12 feet in width when such load may be readily dismantled or separated. A truck tractor and low boy type trailer may, after depositing its permitted load, return to its point of origin on the authorization of its original permit.
      2. Notwithstanding the provisions of subparagraph (A) of this paragraph, the commissioner or an official of the department designated by the commissioner may, in his or her discretion, upon application in writing and good cause being shown therefor, issue to a specific tow vehicle a permit in writing authorizing the applicant to operate or move upon the state’s public roads a motor vehicle or combination of vehicles and loads for transporting not more than two modular housing units or sectional housing units if the total weight, width, length, and height of the vehicle or combination of vehicles, including the load, does not exceed the limits specified in Code Sections 32-6-22 and 32-6-26. Permission to transport two modular housing units is only authorized when the modular unit transporter meets the minimum specifications contained in subparagraph (C) of this paragraph. No permit shall be issued to any vehicle or combination of vehicles whose operation upon the public roads of this state threatens the safety of others or threatens to damage unduly a road or any appurtenance thereto.
      3. A modular unit transporter shall meet all requirements of the Federal Motor Carrier Safety Administration and all state safety requirements, rules, and regulations. The modular unit transporter shall be properly registered and have a proper, current license plate. At a minimum, the modular unit transporter shall:
         1. Be constructed of 12 inch steel I beams doubled and welded together;
         2. Have all axles equipped with brakes;
         3. Have every floor joist on each modular section securely attached to the beams with lag bolts and washers, or lag bolts, washers, and cable winches; and
         4. Have an overall length not to exceed 80 feet including the hitch.
   2. Permits may be issued, on application to the department, to persons, firms, or corporations without specifying license plate numbers in order that such permits which are issued on an annual basis may be interchanged from vehicle to vehicle. The department is authorized to promulgate reasonable rules and regulations which are necessary or desirable to govern the issuance of such permits, provided that such rules and regulations are not in conflict with this title or other provisions of law.
   3. Every such permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any police officer, state trooper, or authorized agent of the department.
   4. The application for any such permit shall describe the type of permit applied for, as said types of permits are described in subsection (c) of this Code section. In addition, the application for a single-trip permit shall describe the points of departure and destination.
   5. The commissioner or an official of the department designated by the commissioner is authorized to withhold such permit or, if such permit is issued, to establish seasonal or other time limitations within which the vehicles described may be operated on the public road indicated, or otherwise to limit or prescribe conditions of operation of such vehicles when necessary to ensure against undue damage to the road foundation, surfaces, or bridge structures, and to require such undertaking or other security as may be deemed necessary to compensate the state for any injury to any roadway or bridge structure.
   6. For just cause, including, but not limited to, repeated and consistent past violations, the commissioner or an official of the department designated by the commissioner may refuse to issue or may cancel, suspend, or revoke the permit and any permit privileges of an applicant or permittee. The specific period of time of any suspension shall be determined by the department. In addition, any time the restrictions or conditions within which a permitted vehicle must be operated are violated, the permit may be immediately declared null and void.
   7. The department is authorized to promulgate rules and regulations necessary to enforce the suspension of permits authorized in this Code section.
   8. The department shall issue rules to establish a driver training and certification program for drivers of vehicles escorting oversize/overweight loads. Any driver operating a vehicle escorting an oversize/overweight load shall meet the training requirements and obtain certification under the rules issued by the department pursuant to this Code section. The rules may provide for reciprocity with other states having a similar program for escort certification. Certification credentials of the driver of an escort vehicle shall be carried in the escort vehicle and be readily available for inspection by law enforcement personnel or an authorized employee of the department. The department shall implement the vehicle escort driver training and certification program on or before July 1, 2010, and the requirements for training and certification shall be enforced beginning on January 1, 2011.
   9. Permit holders shall be required to meet the following minimum insurance standards:
      1. For loads where the gross vehicle weight is less than or equal to 10,000 pounds:
         1. For bodily injury a limit of $50,000.00 per person for injury or death as a result of any one occurrence; and
         2. For property damage a limit of $50,000.00 for damage to property of others in any one occurrence; or
      2. For commercial motor carriers where the gross vehicle weight is greater than 10,000 pounds:
         1. For bodily injury a minimum of $300,000.00 for each person and $1 million for multiple persons for injury or death as a result of any one occurrence; and
         2. For property damage a minimum of $1 million for damage to property of others in any one occurrence.
2. Duration and limits of permits.
   1. Annual permit.    The commissioner or an official of the department designated by the commissioner may, pursuant to this Code section, issue an annual permit which shall permit a vehicle to be operated on the public roads of this state for 12 months from the date the permit is issued even though the vehicle or its load exceeds the maximum limits specified in this article. However, except as specified in paragraph (2) of this subsection, an annual permit shall not authorize the operation of a vehicle:
      1. Whose total gross weight exceeds 100,000 pounds;
      2. Whose single axle weight exceeds 25,000 pounds;
      3. Whose total load length exceeds 100 feet;
      4. Whose total width exceeds 102 inches or whose load width exceeds 144 inches; or
      5. Whose height exceeds 14 feet and six inches.
   2. Annual permit plus.    Vehicles and loads that meet the requirements for an annual permit may apply for a special annual permit to carry wider loads on the NHS. The wider load limits shall be a maximum of 14 feet wide from the base of the load to a point 10 feet above the pavement and 14 feet and eight inches for the upper portion of the load.
   3. Annual commercial wrecker emergency tow permit.    Pursuant to this Code section, the commissioner may issue an annual permit for vehicles towing disabled, damaged, abandoned, or wrecked commercial vehicles, including combination vehicles, even though such wrecker or its load exceeds the maximum limits specified in this article. An annual commercial wrecker emergency tow permit shall not authorize the operation of a vehicle:
      1. Whose single axle weight exceeds 25,000 pounds;
      2. Whose load on one tandem axle exceeds 50,000 pounds and whose load on any secondary tandem axle exceeds 38,000 pounds; or
      3. Whose total load length exceeds 125 feet.
   4. Six-month permit.    Six-month permits may be issued for loads of tobacco or unginned cotton the widths of which do not exceed nine feet, provided that such loads shall not be operated on The Dwight D. Eisenhower System of Interstate and Defense Highways.
   5. Single trip.    Pursuant to this Code section, the commissioner may issue a single-trip permit to any vehicle or load allowed by federal law.
   6. Multitrip.    Pursuant to this Code section, the commissioner may issue a multitrip permit to any vehicle or load allowed by federal law. A multitrip permit authorizes the permitted load to return to its original destination on the same permit, if done so within ten days, with the same vehicle configuration, and following the same route, unless otherwise specified by the department. A multitrip permit authorizes unlimited permitted loads on the same permit, if done so within the allowable ten days, with the same vehicle configuration, and following the same route.
3. Fees.    The department may promulgate rules and regulations concerning the issuance of permits and charge a fee for the issuance thereof as follows:
   1. Annual.    Charges for the issuance of annual permits shall be $150.00 per permit.
   2. Annual permit plus.    Charges for the issuance of annual permits plus shall be $500.00 per permit.
   3. Annual commercial wrecker emergency tow permit.    Charges for the issuance of annual commercial wrecker emergency tow permits shall be $500.00 per permit.
   4. Six months.    The charges for the issuance of six-month permits for loads of tobacco or unginned cotton shall be $25.00 per permit.
   5. Single trip.    Charges for the issuance of single-trip permits shall be as follows:
      1. Any load not greater than 16 feet wide, not greater than 16 feet high, and not weighing more than 150,000 pounds or any load greater than 100 feet long which does not exceed the maximum width, height, and weight limits specified by this subparagraph $ 30.00 (B) Any load having a width, height, or weight exceeding the maximum limit therefor specified in subparagraph (A) of this paragraph and not weighing more than 180,000 pounds 125.00 (C) Any load having a weight exceeding the maximum limit therefor specified in subparagraph (B) of this paragraph 500.00

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   6. Multitrip.    Charges for the issuance of multitrip permits shall be $100.00 for any load not greater than 16 feet wide, not greater than 16 feet high, and not weighing more than 150,000 pounds or any load greater than 100 feet long which does not exceed the maximum width, height, and weight limits specified by this paragraph.
4. Notwithstanding any provision of Code Section 48-2-17 to the contrary, all fees collected in accordance with this Code section shall be paid to the treasurer of the department to help defray the expenses of enforcing the limitations set forth in this article and may also be used for public road maintenance purposes in addition to any sums appropriated therefor to the department.

History. — Ga. L. 1968, p. 30, § 1; Ga. L. 1969, p. 637, § 1; Ga. L. 1971, p. 43, § 1; Ga. L. 1971, p. 462, §§ 2, 3; Ga. L. 1972, p. 356, §§ 1, 2; Code 1933, § 95A-961, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1974, p. 1422, § 38; Ga. L. 1975, p. 400, § 1; Ga. L. 1979, p. 439, § 4; Ga. L. 1980, p. 576, § 7; Ga. L. 1982, p. 3, § 32; Ga. L. 1983, p. 1798, § 5; Ga. L. 1986, p. 471, §§ 1-3; Ga. L. 1986, p. 655, § 1; Ga. L. 1987, p. 846, § 1; Ga. L. 1992, p. 987, § 1; Ga. L. 1992, p. 2467, §§ 2-4; Ga. L. 1993, p. 348, § 1; Ga. L. 1995, p. 10, § 32; Ga. L. 1995, p. 155, § 1; Ga. L. 1996, p. 1010, § 3; Ga. L. 1996, p. 1512, § 3A; Ga. L. 1999, p. 567, § 3; Ga. L. 2000, p. 136, § 32; Ga. L. 2000, p. 1654, § 2; Ga. L. 2002, p. 1126, §§ 5, 6; Ga. L. 2010, p. 442, § 3/HB 1174; Ga. L. 2011, p. 548, §§ 3, 4/SB 54; Ga. L. 2012, p. 732, § 1/HB 835; Ga. L. 2012, p. 775, § 32/HB 942; Ga. L. 2013, p. 738, § 1/SB 218.

Cross references. —

License fees for different weight categories of vehicles, § 40-2-151 .

32-6-29. Responsibility of the Department of Transportation; responsibility of the Department of Public Safety.

1. The Department of Transportation shall be responsible for rules and regulations relating to size and weight limits and issuance of permits under this article.
2. The Department of Transportation shall not, however, employ any law enforcement officers or agents except as may be specifically authorized by other laws. Law enforcement responsibility for enforcement of this article shall be in the Department of Public Safety.

History. — Ga. L. 1960, p. 1122, § 1; Ga. L. 1968, p. 193, § 2; Code 1933, § 95A-962, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1974, p. 1422, § 40; Ga. L. 1976, p. 1500, § 1; Ga. L. 1978, p. 1989, § 3; Ga. L. 1979, p. 814, § 1; Ga. L. 1982, p. 3, § 32; Ga. L. 1993, p. 91, § 32; Ga. L. 1993, p. 366, § 1; Ga. L. 2000, p. 951, § 2-6; Ga. L. 2000, p. 1199, § 1; Ga. L. 2005, p. 334, § 12-3/HB 501.

32-6-30. Stopping vehicles for purposes of weighing, measuring, or inspecting; reports of violations; refusal to stop.

1. Any law enforcement officer or employee of the Department of Public Safety to whom law enforcement authority has been designated who observes a motor vehicle being operated upon a public road of the state and who has reason to believe that: (1) Any provision of this article is being violated; (2) The vehicle is improperly licensed in violation of Code Sections 40-2-150 through 40-2-162; or (3) A fuel tax registration card is not being carried or that a proper distinguishing identification marker is not affixed to the vehicle in violation of Code Section 48-9-39 is authorized to stop such vehicle and weigh, measure, or inspect the same. Violations of such licensing or fuel tax registration and identification requirements shall be reported to the Department of Revenue.
2. 1. If the operator of the vehicle shall refuse to stop upon proper order as directed by a person authorized by subsection (a) of this Code section to stop, weigh, measure, or inspect the vehicle or its load, the operator shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $200.00. The operator shall have the right to post an appropriate bond, which shall not exceed $400.00, when any law enforcement officer or employee of the Department of Public Safety authorized to enforce this article apprehends said operator for any violation of this article.
   2. In addition, the operator’s driver’s license or nonresident’s driving privilege may be suspended for a period of not more than 90 days by the Department of Driver Services upon satisfactory proof of said refusal to stop or drive the vehicle upon the scales. Each person who shall apply for a Georgia driver’s license, or for nonresident driving privileges, or for a renewal of same thereby consents to stop such vehicle for inspection or to drive such vehicle upon scales whenever so ordered by a law enforcement official or authorized employee of the Department of Public Safety.

History. — Ga. L. 1960, p. 1122, § 2; Ga. L. 1968, p. 193, §§ 1, 3; Code 1933, § 95A-963, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1982, p. 3, § 32; Ga. L. 2000, p. 951, § 2-7; Ga. L. 2002, p. 1074, § 5; Ga. L. 2005, p. 334, § 12-4/HB 501; Ga. L. 2007, p. 47, § 32/SB 103.

Cross references. —

General duty of Georgia State Patrol to check motor vehicles for excess load, § 35-2-33 .

Stopping of motor vehicles for lack of proper equipment or for other safety violations, § 40-8-200 .

Code Commission notes. —

Pursuant to Code Section 28-9-5, in 2002, “Code Sections 40-2-150 through 40-2-162; or” was substituted for “Code Section 40-2-150 through Code Section 40-2-162; or” in paragraph (a)(2) (now item (a)(2)).

Editor’s notes. —

Ga. L. 2002, p. 1074, § 8, not codified by the General Assembly, provides that: “This Act shall not abate any prosecution, punishment, penalty, administrative proceedings or remedies, or civil action related to any violation of law committed prior to the effective date of this Act.” The effective date of Ga. L. 2002, p. 1074 was July 1, 2002.

32-6-31. Construction of Code Sections 32-1-10, 32-6-26, 32-6-27, and 32-6-29.

The provisions of Code Sections 32-1-10, 32-6-26, 32-6-27, and 32-6-29 shall not, and shall not be construed to, modify, change, or diminish any power or duty held by any other law enforcement unit, enforcement officer, or peace officer.

History. — Ga. L. 1978, p. 1989, § 5; Ga. L. 1982, p. 3, § 32; Ga. L. 2000, p. 136, § 32; Ga. L. 2002, p. 415, § 32.

32-6-50. Uniform regulations governing erection and maintenance of traffic-control devices; placement, removal, defacement, damaging, or sale of devices.

1. The department shall promulgate uniform regulations governing the erection and maintenance on the public roads of Georgia of signs, signals, markings, or other traffic-control devices, such uniform regulations to supplement and be consistent with the laws of this state. Insofar as practical, with due regard to the needs of the public roads of Georgia, such uniform regulations shall conform to the recommended regulations as approved by the American Association of State Highway and Transportation Officials.
2. In conformity with its uniform regulations, the department shall place and maintain, or cause to be placed and maintained, such traffic-control devices upon the public roads of the state highway system as it shall deem necessary to regulate, warn, or guide traffic, except that the department shall place and maintain a sign for each railroad crossing at grade on the state highway system, warning motorists of such crossing, provided that each railroad company shall also erect and maintain a railroad crossbuck sign on its right of way at every such crossing. The department may remove or direct removal of all traffic-control devices and signs which are erected on the state highway system by any governing authority without the permission of the department.
3. In conformity with the uniform regulations of the department:
   1. Counties and municipalities shall place and maintain upon the public roads of their respective public road systems such traffic-control devices as are necessary to regulate, warn, or guide traffic except that counties and municipalities also shall erect and maintain a sign for each railroad crossing at grade on their respective county road or municipal street systems, warning motorists of such crossing. Furthermore, each railroad company shall erect and maintain a railroad crossbuck sign on its right of way at all such crossings; and
   2. Counties, on their respective road systems, shall place and maintain on each county road which is authorized as a designated local truck route, pursuant to official resolution of the county, at each intersection of such road with a state highway signs identifying such county road as a designated local truck route and giving notice of the maximum weight limits for such designated local truck route in accordance with subsection (f) of Code Section 32-6-26.
4. It shall be unlawful for any person to remove, deface, or damage in any way any official traffic-control device lawfully erected or maintained pursuant to this Code section or any other law.
5. No person, firm, corporation, or other entity shall offer for sale any sign, signal, marking, or other device intended to regulate, warn, or guide traffic upon the public roads of this state, unless it conforms with the uniform regulations promulgated under subsection (a) of this Code section. Any person, firm, corporation, or other entity who sells any sign, signal, marking, or other device intended to regulate, warn, or guide traffic upon the public roads of this state in violation of this Code section shall make restitution to the purchaser in an amount equal to the entire sum, plus interest, originally paid for the sign, signal, marking, or other device. Any person, firm, corporation, or other entity who knowingly sells any sign, signal, marking, or other device intended to regulate, warn, or guide traffic upon the public roads of this state in violation of subsection (a) of this Code section shall be guilty of a misdemeanor.

History. — Ga. L. 1931, p. 221, § 3; Code 1933, § 95-2003; Ga. L. 1953, Nov.-Dec. Sess., p. 556, §§ 31-33, 39; Ga. L. 1968, p. 1427, § 1; Code 1933, § 95A-901, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1981, p. 1826, § 1; Ga. L. 1998, p. 1206, § 5; Ga. L. 2012, p. 1343, § 8/HB 817.

Cross references. —

Required observance of traffic signs, signals, and markings, § 40-6-20 et seq.

Erection and maintenance of crossbuck signs at highway grade crossings generally, § 46-8-194 et seq.

32-6-51. Unauthorized devices and structures within right of way or visible from public road; bus shelters; commercial advertisements by transit agency.

1. 1. It shall be unlawful for any person to erect, place, or maintain within the dedicated right of way of any public road any sign, signal, or other device except as authorized by this subsection or subsection (d) of this Code section or as required or authorized by Code Section 32-6-50 or any other law.
   2. The erection, placement, and maintenance of signs within the dedicated rights of way of county roads or municipal streets may be authorized and governed by ordinances adopted by governing authorities of counties and municipalities having jurisdiction over such roads or streets, which ordinances as to such dedicated rights of way of county roads or municipal streets may be as or less restrictive than the provisions of paragraph (1) of this subsection.
2. It shall be unlawful for any person to erect, place, or maintain in a place or position visible from any public road any unauthorized sign, signal, device, or other structure which:
   1. Imitates, resembles, or purports to be an official traffic-control device;
   2. Hides from view or interferes with the effectiveness of any official traffic-control device;
   3. Obstructs a clear view from any public road to any other portion of such public road, to intersecting or adjoining public roads, or to property abutting such public road in such a manner as to constitute a hazard to traffic on such roads; or
   4. Because of its nature, construction, or operation, constitutes a dangerous distraction to or interferes with the vision of drivers of motor vehicles.
3. Any sign, signal, device, or other structure erected, placed, or maintained on the dedicated right of way of any public road in violation of subsection (a) or (b) of this Code section or in violation of any ordinance adopted pursuant to subsection (a) of this Code section is declared to be a public nuisance, and the officials having jurisdiction of the public road affected may remove or direct the removal of the same. Where any sign, signal, device, or other structure is erected, placed, or maintained in violation of subsection (b) of this Code section, but not on the dedicated right of way of any public road, the officials having jurisdiction of the public road affected may order the removal of such structure by written notice to the owner of the structure or the owner of the land on which the structure is located. If such structure is not removed within 30 days after the giving of such order of removal, such officials are authorized to remove or cause to be removed such structure and to submit a statement of expenses incurred in the removal to the owner of the structure or to the owner of the land on which the structure is located. If payment or arrangement to make payment is not made within 60 days after the receipt of said statement, the department shall certify the amount thereof for collection to the Attorney General.
4. 1. As used in this subsection, the term:
      1. “Bus shelter” means a shelter or bench located at bus stops for the convenience of passengers of public transportation systems owned and operated by governmental units or public authorities or located on county or municipality rights of way for the convenience of residents.
      2. “Commercial advertisements” means any printed or painted signs or multiple media displays on a bus shelter for which space has been rented or leased from the owner of such shelter.
      3. “Multiple media display” means a device by which the message, image, or text is capable of electronic alteration by movement or rotation of panels or slats.
   2. Bus shelters, including those on which commercial advertisements are placed, may be erected and maintained on the rights of way of public roads subject to the following conditions and requirements:
      1. Any public transit system wishing to erect and maintain a bus shelter on the right of way of a state road shall apply to the department for a permit, and as a condition of the issuance of the permit, the department must approve the bus shelter building plans and the location of the bus shelter on the right of way; provided, however, that such approval is subject to any and all restrictions imposed by Title 23, U.S.C., and Title 23, Code of Federal Regulations relating to the federal-aid system. This paragraph shall entitle only public transit systems or their designated agents the right to be issued permits under this paragraph;
      2. If the bus shelter is to be located on the right of way of a public road other than a state road within a county or municipality, application for permission to erect and maintain such shelter shall be made to the respective county or municipality. Such application shall conform to the county’s and municipality’s regulations governing the erection and maintenance of such structures. When the county or municipality is served by a public transit agency or authority, the applications for all bus shelters on routes of such agency or authority shall also be forwarded by the applicant to such transit agency or authority and subject to the approval of such agency or authority; and
      3. As a condition of issuing a permit for the erection of a bus shelter on the right of way of a state road, the department shall require that the bus shelter shall be properly maintained and that its location shall meet minimum setback requirements as follows:
         1. Where a curb and gutter are present, there shall be a minimum of four feet clearance from the face of the curb to any portion of the bus shelter or the bus shelter shall be placed at the back of the existing concrete sidewalk; or
         2. Where no curb or gutter is present, the front of the bus shelter shall be at least ten feet from the edge of the main traveled roadway.
   3. Any bus shelter erected and maintained on the right of way of a public road in violation of paragraph (2) of this subsection or in violation of the conditions of the permit issued by the department or in violation of the conditions of the consent of the county or municipality is declared to be a public nuisance and if it is determined to be a hazard to public safety by the department, county, or municipality, it may be removed or its removal may be ordered by the department or the governing authority of the respective county or municipality. In every case of removal of a bus shelter as a hazard to public safety by the department, a county, or a municipality, a good faith attempt shall be made to notify the owner of its removal. In such cases where the department, county, or municipality orders the removal of the bus shelter as a public nuisance, if such a bus shelter is not removed by its owner within 30 days after its owner has been issued a written order of removal by the department or the governing authority of the respective county or municipality, the department or the governing authority of the respective county or municipality may cause the bus shelter to be removed and submit a statement of expenses incurred in the removal to the owner of the bus shelter. In the case of a statement of expenses for removal of a shelter on a state road, if payment or arrangement to make payment is not made within 60 days after the receipt of such statement, the department shall certify the amount thereof to the Attorney General for collection.
   4. The person to whom a permit has been issued for the erection and maintenance of a bus shelter on the right of way of a public road or who places such shelter on a public road other than a state road shall at all times assume all risks for the bus shelter and shall indemnify and hold harmless the State of Georgia, the department, and any county or municipality against all losses or damages resulting solely from the existence of the bus shelter.
   5. Permits for shelters on state roads shall be issued under this subsection only to cities, counties, or public transportation authorities owning or operating public transportation systems or their designated agents.
5. Each sign erected, placed, or maintained in violation of paragraph (1) of subsection (a) of this Code section shall constitute a separate offense.
6. Any person who violates paragraph (1) of subsection (a) of this Code section shall be punished the same as for littering under Code Section 16-7-43. Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor.
7. 1. As used in this subsection, the term:
      1. “Commercial advertisements” means any printed or painted signs or multiple media displays on or in transit vehicles or facilities for which space has been rented or leased from the owner of such transit vehicles or facilities.
      2. “Multiple media display” means a device by which the message, image, or text is capable of electronic alteration by movement or rotation of panels or slats.
      3. “Transit agency” means any public agency, public corporation, or public authority existing under the laws of this state that is authorized by any general, special, or local law to provide any type of transit services within any area of this state, including, but not limited to, the Department of Transportation, the Atlanta-region Transit Link “ATL” Authority, and the Georgia Rail Passenger Authority.
      4. “Transit vehicles or facilities” means everything necessary and appropriate for the conveyance and convenience of passengers who utilize transit services.
   2. A transit agency may authorize the placement, erection, and maintenance of commercial advertisements on or in transit vehicles or facilities owned or operated by that transit agency and said placement of commercial advertisements shall not be considered conducting commercial enterprises or activities in violation of Code Section 32-6-115.
8. Multiple media displays authorized pursuant to this Code section shall comply with the operational standards for multiple message signs provided for in Part 2 of this article but shall not be required to comply with any spacing requirements provided for in such part and multiple media displays shall not be considered in regard to the spacing requirements provided for in Code Section 32-6-75 as to the placement of any multiple message sign.

History. — Ga. L. 1931, p. 221, §§ 1, 2, 4, 5; Code 1933, §§ 95-2002, 95-2004, 95-2005, 95-2006; Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 38; Code 1933, § 95A-902, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1991, p. 1861, § 1; Ga. L. 1992, p. 1504, § 1; Ga. L. 1993, p. 1732, § 1; Ga. L. 2001, Ex. Sess., p. 335, § 5; Ga. L. 2005, p. 601, § 3/SB 160; Ga. L. 2006, p. 275, § 3-10/HB 1320; Ga. L. 2009, p. 302, § 2/HB 101; Ga. L. 2016, p. 148, § 1/SB 307; Ga. L. 2017, p. 774, § 32/HB 323; Ga. L. 2018, p. 377, § 4-13/HB 930.

The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, inserted a comma following “area of this state” in subparagraph (g)(1)(C).

The 2018 amendment, effective May 3, 2018, substituted “Atlanta-region Transit Link ‘ATL’ Authority” for “Georgia Regional Transportation Authority” near the end of subparagraph (g)(1)(C).

Cross references. —

Placement of election campaign posters, signs, and advertisements within right of way of public roads, § 21-1-1 .

Further provisions regarding display of unauthorized traffic signs, signals, or other markings, § 40-6-25 .

Code Commission notes. —

Pursuant to Code Section 28-9-5, in 1991, “federal-aid system” was substituted for “Federal-aid system” at the end of the first sentence in subparagraph (d)(2)(A).

Editor’s notes. —

Ga. L. 2006, p. 275, § 1-1/HB 1320, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Comprehensive Litter Prevention and Abatement Act of 2006.’ ”

Ga. L. 2006, p. 275, § 5-1/HB 1320, not codified by the General Assembly, provides that the Act shall become effective April 21, 2006, for purposes of adopting local ordinances to become effective on or after July 1, 2006.

Law reviews. —

For article, “Recommendations Regarding Control of Outdoor Advertising Along the Interstate Highway System in Georgia,” see 14 Mercer L. Rev. 308 (1963).

For annual survey of trial practice and procedure, see 57 Mercer L. Rev. 381 (2005).

32-6-52. Displays of nudity or sexual conduct on outdoor advertising visible from roadway prohibited; penalty.

1. As used in this Code section, the term:
   1. “Nudity” means the displaying of any portion of the human female breast below the top of the areola or the displaying of any portion of any human’s pubic hair, anus, vulva, or genitals.
   2. “Outdoor advertising” means any commercial advertisement displayed outdoors by means of billboards or signs.
   3. “Sexual conduct” means acts of sexual intercourse, masturbation, sodomy, or fondling of a human’s clothed or unclothed genitals, pubic area, buttocks, or, if the human is female, breast.
2. The General Assembly finds and declares that outdoor advertising containing depictions of nudity or sexual conduct which are visible from the roadways of public roads may be startling or provocative and thereby divert the attention of motor vehicle drivers, thus causing real and substantial hazards to traffic safety. The General Assembly further declares that the purpose of this Code section is to protect the public welfare and safety against such hazards.
3. No person shall display any outdoor advertising containing any depiction of nudity or sexual conduct when such depiction is visible from the roadway of any public road in the state highway system as defined in Code Section 32-4-1.
4. 1. Any person who violates subsection (c) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $1,000.00.
   2. Each day during which outdoor advertising is displayed in violation of subsection (c) of this Code section shall constitute a separate offense.

History. — Code 1981, § 32-6-52 , enacted by Ga. L. 2006, p. 691, § 2/HB 1097.

Editor’s notes. —

Ga. L. 2006, p. 691, § 7/HB 1097, not codified by the General Assembly, provides for severability.

32-6-70. Declaration of policy.

1. The General Assembly declares it to be the policy of this state that the erection or maintenance of outdoor advertising in areas adjacent to the rights of way of roads of the state highway system, which roads are also a part of the interstate and primary systems of highways within the state, shall be regulated in accordance with the terms of this part and the regulations promulgated by the commissioner pursuant thereto and that all outdoor advertising which does not conform to the requirements of this part is a public nuisance. The General Assembly recognizes that the outdoor advertising industry is a bona fide commercial function. However, in no manner shall any outdoor advertising sign be defined as a commercial or industrial activity or be used for the purposes of administering this part. It is the intention of the General Assembly to provide a statutory basis for the regulation of outdoor advertising, such basis to be consistent with the public policy relating to areas adjacent to roads of the state highway system which also form a part of the interstate and primary systems of highways declared by the Congress in Title 23, Section 103, United States Code.
2. The General Assembly further declares it to be the policy of this state to avert substantial economic hardship by the retention, in specific areas defined by the board, upon request made by the Department of Transportation and approved by the United States Secretary of Transportation, of directional signs, displays, and devices which were lawfully erected under state law in force at the time of their erection, which were in existence on May 5, 1976, and which do not conform to the requirements of paragraphs (1) through (5) of Code Section 32-6-72 and paragraphs (1) through (3) of Code Section 32-6-73, where it can be demonstrated that such signs, displays, and devices (1) provide directional information about goods and services in the specific interest of the traveling public and (2) are such that removal would work a substantial economic hardship in such defined area.

History. — Ga. L. 1967, p. 423, § 1; Ga. L. 1971, Ex. Sess., p. 5, § 1; Code 1933, § 95A-913, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1979, p. 1086, § 1; Ga. L. 1980, p. 1017, § 1; Ga. L. 1996, p. 6, § 32.

Law reviews. —

For article, “Recommendations Regarding Control of Outdoor Advertising Along the Interstate Highway System in Georgia,” see 14 Mercer L. Rev. 308 (1963).

For annual survey on business corporations, see 64 Mercer L. Rev. 61 (2012).

For annual survey on administrative law, see 70 Mercer L. Rev. 1 (2018).

For note, “Regulation and Ownership of the Marshlands: The Georgia Marshlands Act,” see 5 Ga. L. Rev. 563 (1971).

For comment on State Hwy. Dep’t v. Branch, 222 Ga. 770 , 152 S.E.2d 372 (1966), discussing regulation of outdoor advertising and billboards as a constitutional “taking,” see 18 Mercer L. Rev. 499 (1967).

32-6-71. Definitions.

As used in this part, the term:

1. “Defined area” means any area or areas within the state defined by the board, upon request made by the State Department of Transportation and approved by the United States Secretary of Transportation, to be an area where the removal of directional signs, displays, and devices which were lawfully erected under state law in force at the time of their erection, which were in existence on May 5, 1976, and which do not conform to the requirements of paragraphs (1) through (5) of Code Section 32-6-72 and paragraphs (1) through (3) of Code Section 32-6-73 would deprive the traveling public of directional information about goods and services in the specific interest of the traveling public and would work a substantial economic hardship in such defined area or areas.
2. “Directional and other official signs and notices” means only official signs and notices, public utility signs, service club and religious notices, public service signs, and directional signs.
3. “Directional signs” means signs containing directional information deemed to be in the interest of the traveling public, including information about public places owned or operated by state, federal, or local governments or their agencies; publicly or privately owned natural phenomena; historic, cultural, scientific, educational, and religious sites; and areas of natural scenic beauty or areas naturally suited for outdoor recreation.
4. “Directional signs, displays, and devices in the specific interest of the traveling public” means any directional sign, display, or device which was lawfully erected under state law in force at the time of its erection, which was in existence on May 5, 1976, and which provides directional information about goods and services in the specific interest of the traveling public but does not conform to the requirements of paragraphs (1) through (5) of Code Section 32-6-72 and paragraphs (1) through (3) of Code Section 32-6-73.
5. “Erect” means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish, but it shall not include any of the foregoing activities when performed as an incident to the change of advertising message or the normal maintenance or repair of a sign structure.
6. “Illegal sign” means:
   1. A sign for the maintenance of which a permit is required under this part, or any amendment thereof, which sign is being maintained without a permit;
   2. A sign presently being maintained without a required permit even though it could have been permitted under any outdoor advertising control law in effect at the time of its erection;
   3. A sign presently being maintained without a permit, which sign could not have been permitted under the law in effect at the time of its erection even though the sign may meet the requirements of this part for the issuance of a permit;
   4. A sign on which the permit has been revoked pursuant to this part;
   5. A sign on which a nonconforming application for permit was denied and the denial has become final; and
   6. A nonconforming sign for which no permit was sought as required by Code Section 32-6-79.
7. “Industrial or commercial activity” means those activities commonly or generally recognized as commercial or industrial except that none of the following activities shall be considered commercial or industrial:
   1. Outdoor advertising structures;
   2. Agricultural, forestry, ranching, grazing, farming, and related activities, including but not limited to wayside fresh produce stands;
   3. Transient or temporary activities;
   4. Activities within 660 feet of the nearest edge of the right of way which from the main traveled way are not visible and are not recognizable as being commercial or industrial activities;
   5. Activities more than 660 feet from the nearest edge of the right of way;
   6. Activities conducted in a building principally used as a residence; and
   7. Railroad tracks and minor sidings.
8. “Information center” means an area or site established and maintained at a safety rest area for the purpose of informing the public of places of interest within the state and providing such other information as the department may consider desirable.
9. “Interstate system” or “interstate highway” means any road of the state highway system which is a portion of The Dwight D. Eisenhower System of Interstate and Defense Highways located within this state, as officially designated or as may hereafter be so designated by the department and approved by the United States Secretary of Transportation pursuant to the provisions of Title 23, Section 103, United States Code, or any limited-access highway as officially designated or as may hereafter be so designated by the department and approved by the United States Secretary of Transportation pursuant to the provisions of Title 23, Section 103, United States Code.
10. “Maintain” means to allow to exist.
11. “Main traveled way” means the traveled way of a highway on which through traffic is carried; and, in the case of a divided highway, it means the traveled way of each of the separated roadways for traffic traveling in opposite directions. It does not include such facilities as frontage roads, turning roadways, or parking areas.

    (11.1) “Multiple message sign” means a sign, display, or device which changes the message or copy on the sign electronically by movement or rotation of panels or slats.

12. “Nonconforming sign” means a sign which was lawfully erected but which does not comply with state law or state regulations due to changes in state law or changes in rules and regulations since the date of erection of the sign.
13. “Official signs and notices” means signs and notices erected and maintained by public officers or public agencies within their territorial or zoning jurisdiction and pursuant to and in accordance with direction or authorization contained in state, federal, or local law for the purpose of carrying out an official duty or responsibility. Historical markers authorized by state law and erected by state or local government agencies or nonprofit historical societies shall be considered official signs.
14. “Outdoor advertising” or “sign” means any outdoor sign, light, display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing which is designed, intended, or used to advertise or inform, any part of the advertising or information contents of which are visible from any place on the main traveled way of the interstate or primary highway systems.
15. “Parkland” means any publicly owned land which is designated or used as a public park, recreation area, wildlife or waterfowl refuge, or historic site.
16. “Primary system” or “primary highway” means the federal-aid primary system in existence on June 1, 1991, and any highway which is not on such system, but which is on the National Highway System, as officially designated or as may hereafter be so designated by the department and approved by the United States Secretary of Transportation pursuant to the provisions of Title 23, Section 103, United States Code.
17. “Private” shall not mean, through the effect of this part, publicly owned property leased to others.
18. “Public service signs” means signs located on school bus stop shelters, which signs identify the donor, sponsor, or contributor of said shelters and which contain safety slogans or messages which occupy not less than 60 percent of the sign area.
19. “Public utility signs” means warning signs, informational signs, notices, or markers which are customarily erected and maintained by publicly or privately owned public utilities as essential to their operations.
20. “Safety rest area” or “rest area” means an area or site established and maintained within or adjacent to the highway right of way, by or under public supervision or control, for the convenience of the traveling public.
21. “Scenic area” means any area of particular scenic beauty or historical significance, as determined by the state, federal, or local officials having jurisdiction thereof, and includes interests in land which have been acquired for the restoration, preservation, and enhancement of scenic beauty.
22. “Service club and religious notices” means signs or notices, whose erection is authorized by law, relating to religious services or to meetings of nonprofit service clubs or charitable associations, which signs do not exceed eight square feet in area.
23. “Specific interest of the traveling public” means information regarding places offering lodging, food, motor vehicle fuels and lubricants, motor vehicle service and repair facilities, or any other service or product available to the general public, including, but not limited to, publicly or privately owned natural phenomena; historic, cultural, scientific, educational, or religious sites; and areas of natural scenic beauty or areas naturally suited for outdoor recreation.
24. “Traveled way” means the portion of a roadway used for the movement of vehicles, exclusive of shoulders.
25. “Unzoned commercial or industrial areas” means those areas which are not zoned by state law or local ordinance and on which there is located one or more permanent structures devoted to an industrial or commercial activity or on which an industrial or commercial activity is actually conducted, whether or not a permanent structure is located thereon, and the area along the highway extending outward 600 feet from and beyond the edge of the activity in each direction and a corresponding zone directly across a primary highway which is not also a limited-access highway, when the same is not a public park, public playground, public recreational area, public forest, parkland, scenic area, cemetery, primarily residential, or locally zoned. All measurements shall be from the outer edges of the regularly used buildings, parking lots, or storage, processing, or landscaped areas of the commercial or industrial activity and not from the property lines of the activity and shall be along or parallel to the edge of the pavement of the highway.
26. “Urban area” means an area included within the boundaries of an incorporated municipality having a population of 5,000 or more as determined by the latest available federal census and any area adjacent to such municipality, provided that such adjacent area is included within boundaries presently designated and fixed by the outdoor advertising urban area boundary maps and written records attached thereto on file in the office of the treasurer of the Department of Transportation.
27. “Visible” means capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity.
28. “Would work a substantial economic hardship” means having the potential to cause a substantial negative economic effect in a defined area or areas, as may be demonstrated by a projected reduction in gross business sales, state and local sales taxes, and employment opportunities within the defined area or areas.
29. “Zoned commercial or industrial areas” means those areas which are zoned for industrial or commercial activities pursuant to state or local zoning laws or ordinances as part of a comprehensive zoning plan. Strip zoning shall not be considered as a bona fide comprehensive zoning plan. Comprehensive zoning plans for the purposes of outdoor advertising only shall be approved by the board when an application for a permit has been made.

History. — Ga. L. 1967, p. 423, § 2; Ga. L. 1971, Ex. Sess., p. 5, § 2; Code 1933, § 95A-914, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1974, p. 1422, §§ 22, 23; Ga. L. 1977, p. 263, § 1; Ga. L. 1979, p. 1086, § 2; Ga. L. 1980, p. 1017, §§ 2, 3; Ga. L. 1982, p. 3, § 32; Ga. L. 1996, p. 1052, §§ 1, 2; Ga. L. 2000, p. 136, § 32; Ga. L. 2005, p. 601, § 4/SB 160.

Law reviews. —

For annual survey of administrative law, see 38 Mercer L. Rev. 17 (1986).

32-6-72. Designation of outdoor advertising which may be erected or maintained within 660 feet of nearest edge of right of way.

No outdoor advertising shall be erected or maintained within 660 feet of the nearest edge of the right of way and visible from the main traveled way of the interstate or primary highways in this state, except the following:

1. Directional and other official signs and notices;
2. Signs advertising the sale or lease of the property upon which they are located;
3. Signs advertising activities conducted or maintained within 100 feet of the nearest part of the activity as the dimensions of said activity are determined by department regulations, which regulations need not take into consideration the property lines of said activity;
4. Signs located in areas zoned commercial or industrial, which signs provide information in the specific interest of the traveling public;
5. Signs located in unzoned commercial or industrial areas, which signs provide information in the specific interest of the traveling public; and
6. Directional signs, displays, and devices about goods and services in the specific interest of the traveling public located in a defined area or areas approved by the United States Secretary of Transportation.

History. — Ga. L. 1967, p. 423, § 3; Ga. L. 1971, Ex. Sess., p. 5, § 3; Code 1933, § 95A-915, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1979, p. 1086, § 3.

Code Commission notes. —

Pursuant to Code Section 28-9-5, in 1985, a comma was deleted between “public” and “located” in paragraph (6).

32-6-73. Designation of outdoor advertising which may be erected or maintained beyond 660 feet of nearest edge of right of way.

No outdoor advertising shall be erected or maintained beyond 660 feet of the nearest edge of the right of way of the interstate or primary highways in this state outside of urban areas so as to be visible and intended to be read from the main traveled way, except the following:

1. Directional and other official signs and notices;
2. Signs advertising the sale or lease of the property upon which they are located;
3. Signs advertising activities conducted or maintained within 100 feet from the nearest part of the activity as the dimensions of said activity are determined by department regulations, which regulations need not take into consideration the property lines of said activity; and
4. Directional signs, displays, and devices about goods and services in the specific interest of the traveling public located in a defined area or areas approved by the United States Secretary of Transportation.

History. — Code 1933, § 95A-915.1, enacted by Ga. L. 1977, p. 263, § 2; Ga. L. 1979, p. 1086, § 4.

Code Commission notes. —

Pursuant to Code Section 28-9-5, in 1985, a comma was deleted between “public” and “located” in paragraph (4).

32-6-74. Applications for outdoor advertising sign permits generally; fees; renewals; transfer of permits.

1. Applications for permits authorized by subsections (a) through (d) of Code Section 32-6-79 shall be made to the department upon forms prescribed by the department. The applications shall contain the signature of the applicant and such other information as may be required by the department and shall be verified under oath by the person, firm, or corporation making the application. Permits and renewals thereof shall be issued for and shall be valid only if the sign is erected and maintained in accordance with this part during the 12 month period next following the date of issuance. As to permits for the initial erection of an outdoor advertising sign, one 12 month extension may be granted so long as a written request is submitted to the department at least 30 days prior to expiration along with a fee of $35.00. Any denial of an extension request shall be sent to the applicant before the expiration date and shall state the basis for denial. Multiple extensions shall not be granted as to the same permit, and the applicant shall not be allowed to reapply for the same site until the extension has expired; however, modifications to the application which do not extend the term of the permit shall be allowed. There shall be an initial outdoor advertising permit fee and an annual renewal fee. On and after July 1, 2011, the outdoor advertising application fee shall be $300.00, and the renewal fee for each sign shall be $85.00. The department may adjust future application and renewal fees through the formal rule making process so long as notice of any proposed increase is sent to the House and Senate Transportation Committees at least 30 days prior to final adoption by the department. Such fees shall be limited to amounts sufficient to offset the administrative costs to the department. An annual report on the expenditures and revenues of the department related to the outdoor advertising program shall be sent to the House and Senate Transportation Committees no later than October 31 of each year. Upon receipt of a properly executed application and the appropriate fee for the erection or maintenance of a sign which may be lawfully erected or maintained pursuant to this part, the department shall, within 60 days, issue a permit authorizing the erection or maintenance, or both, of the sign for which application was made except when a person, firm, or corporation is maintaining or allowing the maintenance of an illegal sign as provided for in subsection (f) of Code Section 32-6-79. All outdoor advertising permits and renewals shall expire on the first day of April in the year following issuance. Renewal of such permits shall be made to the department between January 1 and April 1 of each calendar year. Notice of such renewal period shall be mailed to each outdoor advertising permit holder along with an itemized list of all permits maintained by such person or entity in the month of December. In response, each permit holder should clearly indicate any permits not being renewed and return a copy to the department along with payment for all permits being renewed. If a permit holder believes the itemized list is incomplete or inaccurate, such permit holder shall clearly note such discrepancies on the list and return a copy to the department with supporting documentation. The permit holder shall submit the renewal and any suggested corrections within 60 days of the date of the department notice or by April 1, whichever occurs last. If the department fails to receive the renewal before the expiration date, the department shall notify the permit holder by certified mail that the renewal is overdue and shall give the permit holder 45 days from the date of the postmark on such notice to send the department the renewal. If the applicant does not send the permit renewal and fee within 45 days after the postmark date on such notice, the permit shall expire and the sign shall then become an illegal sign. Signs shall become illegal by operation of law after the expiration of the permit followed by notice to the permit holder and a failure to submit for the renewal within 45 days. Any illegal sign may be removed without any administrative proceeding before the department. Vegetation permits or renewals issued pursuant to Code Section 32-6-75.3 shall expire on the first day of September in the year following issuance. If a vegetation permit renewal application and fee is not timely submitted and such deficiency is not cured within 45 days of the postmark date of notice via certified mail from the department, the vegetation permit shall be canceled, but the sign shall not be deemed illegal. No permit shall be renewed if the renewal thereof has not been made in accordance with this Code section.
2. Permits shall be transferable. An application to have the permit specified in subsection (a) of this Code section transferred shall be made within 30 days of the change in ownership of the sign; shall be made to the department upon forms prescribed by the department; shall contain the signature of the applicant and such other information as may be required by the department; and shall be verified under oath by the person, firm, or corporation making application for transfer. Failure to comply in a timely and proper manner with this subsection shall be grounds for revocation of the permit.

History. — Ga. L. 1971, Ex. Sess., p. 5, § 10; Code 1933, § 95A-922, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1974, p. 1422, § 32; Ga. L. 1976, p. 1508, § 1; Ga. L. 1980, p. 1017, § 6; Ga. L. 2011, p. 601, § 1/HB 179.

Editor’s notes. —

Ga. L. 2011, p. 601, § 4/HB 179, not codified by the General Assembly, provides: “The Department of Transportation shall have 120 days from the effective date to promulgate any forms or policies necessary to implement this Act. Those applications submitted before any necessary forms and policies are in place shall be processed in accordance with the regulations in place prior to the effective date. Those holding vegetation maintenance permits or renewals issued at any time prior to the promulgation of the necessary forms and policies shall, upon written request to the department, be able to trim or remove vegetation in accordance with the terms of this Act.” This Act became effective July 1, 2011.

Law reviews. —

For article on the 2011 amendment of this Code section, see 28 Ga. St. U. L. Rev. 91 (2011).

For article, “Highways, Bridges, and Ferries: Regulation of Maintenance and Use of Public Roads Generally,” see 28 Ga. St. U. L. Rev. 91 (2011).

32-6-75. Restrictions on outdoor advertising authorized by Code Sections 32-6-72 and 32-6-73; multiple message signs on interstate system, primary highways, and other highways.

1. No sign authorized by paragraphs (4) through (6) of Code Section 32-6-72 and paragraph (4) of Code Section 32-6-73 shall be erected or maintained which:
   1. Advertises an activity that is illegal under Georgia or federal laws or regulations in effect at the location of such sign or at the location of such activity;
   2. Is obsolete;
   3. Is not structurally safe, clean, and in good repair;
   4. Is not securely affixed to a substantial structure which is permanently attached to the ground;
   5. Is attached to, drawn, or painted upon trees, rocks, or other natural features;
   6. Moves or has any moving or animated parts, except as expressly allowed under subsection (c) of this Code section;
   7. Emits or utilizes in any manner any sound capable of being detected on the main traveled way by a person with normal hearing;
   8. If illuminated, contains, includes, or is illuminated by any flashing, intermittent, or moving light or lights except those giving public service information such as time, date, temperature, weather, or other similar information except as expressly permitted under subsection (c) of this Code section. The illumination of multiple message signs is not illumination by flashing, intermittent, or moving light or lights, except that no multiple message sign may include any illumination which is flashing, intermittent, or moving when the sign is in a fixed position;
   9. If illuminated, is not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way, which beams or rays are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle or which otherwise interfere with the operation of a motor vehicle;
   10. If illuminated, is illuminated so that it obscures or interferes with the effectiveness of an official traffic sign, device, or signal;
   11. Contains an area, to be measured by the smallest square, rectangle, triangle, circle, or combination thereof, which encompasses the entire sign, in excess of 1,200 square feet or exceeding 30 feet in height or 60 feet in length, inclusive of any border and trim but excluding the base, apron, supports, and other structural members; provided, however, that, in counties having a population greater than 500,000 according to the United States decennial census for 1970 or any such future census, the maximum size of 1,200 square feet, the maximum height of 30 feet, and the maximum length of 60 feet may be exceeded, but in no event shall any such sign exceed 3,000 square feet; provided, further, that no such oversize signs shall be erected after July 1, 1973;
   12. Contains more than two faces visible from the same direction on the main traveled way; provided, however, that after July 1, 2006, no sign shall be erected that contains more than one face vertically stacked visible from the same direction on the main traveled way. Double-faced, back-to-back, and V-type constructed signs shall, for the purpose of determining compliance with size and spacing limitations, be considered as one sign;
   13. Is in an area not zoned for commercial or industrial activity and within 300 feet of a residence without the written consent of the owner;
   14. Is within 500 feet in any direction of a public park, public playground, public recreation area, public forest, scenic area, or cemetery; provided, however, that such sign may be located within 500 feet of a public park, public playground, public recreation area, public forest, scenic area, or cemetery when the sign is separated by buildings or other obstructions so that the sign located within the 500 foot zone is not visible from the public park, public playground, public recreation area, public forest, scenic area, or cemetery;
   15. Is located so as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device;
   16. Is located so as to obscure or otherwise interfere with a motor vehicle operator’s view of approaching, merging, or intersecting traffic;
   17. Is located adjacent to an interstate highway and which is within 500 feet of another sign on the same side of the highway; provided, however, that such sign may be located within 500 feet of another sign when the signs are separated by buildings or other obstructions so that only one sign face located within the 500 foot zone is visible from the interstate highway at any time;
   18. Is located outside of the corporate limits of a municipality and adjacent to an interstate highway within 500 feet of an interchange, intersection at grade, or safety rest area. The foregoing 500 foot zone shall be measured along the interstate highway from the point at which the pavement commences or ceases to widen at exits from or entrances to the main traveled way. In circumstances where both the exit and entrance ramps on one side of an interchange constitute continuous lanes of travel to the exit and entrance ramps of the adjacent interchange, this side of the interchange shall be treated as if no ramps exist and the foregoing 500 foot zone on this side of the interchange shall be measured from the survey centerline of the main traveled way and crossroad forming the interchange or intersecting road. In all circumstances where this definition conflicts with any agreement with the United States secretary of transportation pursuant to Code Section 32-6-87, said agreement shall be deemed to control for purposes of this Code section;
   19. Is located outside of the corporate limits of a municipality and adjacent to a highway on the primary system and which is within 300 feet of another sign on the same side of the highway; provided, however, that such sign may be located within 300 feet of another sign when the signs are separated by buildings or other obstructions so that only one sign face located within the 300 foot zone is visible from the primary system highway at any one time;
   20. Is located within the corporate limits of a municipality and adjacent to a highway on the primary system and which is within 100 feet of another sign on the same side of the highway; provided, however, that such sign may be located within 100 feet of another sign when the signs are separated by buildings or other obstructions so that only one sign face located within the 100 foot zone is visible from the primary system highway at any one time; or
   21. Depicts any material which is obscene as such term is defined in Code Section 16-12-80.
2. Reserved.
3. 1. Multiple message signs shall be permitted on the interstate system, primary highways, and other highways under the following conditions:
      1. Each multiple message sign shall remain fixed for at least ten seconds;
      2. When a message is changed mechanically, it shall be accomplished in three seconds or less;
      3. No such multiple message sign shall be placed within 5,000 feet of another multiple message sign on the same side of the highway;
      4. Any such sign shall contain a default design that will freeze the sign in one position if a malfunction occurs;
      5. Any maximum size limitations shall apply independently to each side of a multiple message sign; and
      6. Nonmechanical electronic multiple message signs that are otherwise in compliance with this subsection and are illuminated entirely by the use of light emitting diodes, back lighting, or any other light source shall be permitted under the following circumstances:
         1. Each transitional change occurs within two seconds;
         2. If the department finds an electronic sign or any display or effect thereon to cause glare or to impair the vision of the driver of any motor vehicle or to otherwise interfere with the safe operation of a motor vehicle, then, upon the department’s request, the owner of the sign shall promptly and within not more than 48 hours reduce the intensity of the sign to a level acceptable to the department; and
         3. The owner of any existing or nonconforming electronic sign shall have until October 31, 2006, to bring the electronic sign in compliance with this subparagraph and to request a permit from the department.
   2. If a multiple message sign on a primary highway or other highway is in violation of any of the above conditions, its permit shall be revoked and the sign shall be removed. During the appeal of any violations of paragraph (1) of this subsection, the sign shall remain fixed until the matter is resolved. The commissioner may allow the continued operation of a multiple message sign during part or all of the appeals process.
   3. After April 15, 1996, all persons, firms, or corporations who have signs that were illegal signs under previous law, but which are legal signs under the provisions of this subsection, shall have a one-year period during which time they shall be required to file an application for a permit issued by the department. Applications for such permits shall be made upon forms prescribed and provided by the department and shall contain the signature of the applicant and such other information as may be required by the department rules and regulations. The department shall have a period of 60 days from the date such an application is received to process it. If, at the end of this 60 day period, the department has failed to approve or deny an application in proper form, it shall be conclusively presumed for all purposes that the sign can be permitted and the department must issue the permit within a reasonable time. Should the department deny the application, the applicant may seek relief in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” In cases where the applicant fails to exhaust the procedures prescribed by Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” the department’s denial of the permit request will be final and the sign shall then become an illegal sign as defined by paragraph (6) of Code Section 32-6-71 and shall be subject to removal under the terms of this part. If the owner of the sign fails to apply properly for a permit and it is conclusively presumed that the sign has been abandoned, the sign shall remain an illegal sign as defined by paragraph (6) of Code Section 32-6-71 and the sign shall be subject to removal under the terms of this part.

History. — Ga. L. 1967, p. 423, §§ 3, 4, 6; Ga. L. 1971, Ex. Sess., p. 5, § 4; Code 1933, § 95A-916, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1974, p. 1422, §§ 25, 26, 27, 28, 30; Ga. L. 1980, p. 1017, § 4; Ga. L. 1996, p. 6, § 32; Ga. L. 1996, p. 831, § 1; Ga. L. 1996, p. 1052, § 3; Ga. L. 1998, p. 1132, § 1; Ga. L. 2006, p. 691, §§ 3-6/HB 1097; Ga. L. 2019, p. 260, § 1/SB 79.

The 2019 amendment, effective July 1, 2019, deleted “mechanical” preceding “multiple message” in the second sentence of paragraph (a)(8) and in the middle of subparagraph (c)(1)(C).

Cross references. —

False advertising, § 10-1-420 et seq.

Code Commission notes. —

Pursuant to Code Section 28-9-5, in 1991, a comma was inserted following “flashing” in paragraph (a)(8).

Pursuant to Code Section 28-9-5, in 1996, subsection (b), which was added by Ga. L. 1996, p. 1052, § 3, was redesignated as subsection (c) in view of the fact that Ga. L. 1996, p. 831 also enacted a subsection (b). As a result, the reference in paragraph (a)(6) to “subsection (b)” was changed to be a reference to “subsection (c)”.

Pursuant to Code Section 28-9-5, in 1996, “April 15, 1996” was substituted for “the effective date of this subsection” in the first sentence of paragraph (c)(3).

Pursuant to Code Section 28-9-5, in 2006, “until October 31, 2006,” was substituted for “180 days from the effective date of this subparagraph” in division (c)(1)(F)(iii).

Editor’s notes. —

Ga. L. 2006, p. 691, § 7/HB 1097, not codified by the General Assembly, provides for severability.

Law reviews. —

For annual survey of law on administrative law, see 62 Mercer L. Rev. 1 (2010).

For annual survey on administrative law, see 64 Mercer L. Rev. 39 (2012).

For review of 1996 highways, bridges, and ferries legislation, see 13 Ga. St. U. L. Rev. 180 (1996).

32-6-75.1. Roadside Enhancement and Beautification Council; membership; purpose; compensation.

1. 1. The Governor shall appoint a Roadside Enhancement and Beautification Council composed of 12 members. The council shall include the chairperson of the Senate Transportation Committee; the chairperson of the House Transportation Committee; a member from the Georgia Conservancy; a member from the Garden Clubs of Georgia, Inc.; a member of the faculty of the School of Environmental Design at the University of Georgia; a member from the Sierra Club; a member from the Georgia Wildlife Federation; four members of the Outdoor Advertising Association of Georgia, Inc.; and the deputy commissioner of the Georgia Department of Transportation or the designee thereof. The commissioner shall submit recommendations to the Governor for purposes of selecting members to the council.
   2. 1. Terms of those members representing the Georgia Conservancy, the Garden Clubs of Georgia, and the School of Environmental Design and of two of those members representing the Outdoor Advertising Association shall expire on January 1, 2001, and quadrennially thereafter. Such members may be appointed to successive terms.
      2. Terms of those members representing the Sierra Club and the Georgia Wildlife Federation and of two of those members representing the Outdoor Advertising Association shall expire on January 1, 2003, and quadrennially thereafter. Such members may be appointed to successive terms.
   3. A landscape architect employed by the department and designated by the commissioner shall serve as an adviser to the council.
2. The council shall aid the commissioner in formulating policies and discussing problems related to the administration of this article. In addition, the council shall:
   1. Review, comment upon, and make recommendations to the commissioner on the standards and policies to be used in the trimming and removal of vegetation on state rights of way in front of legally erected and maintained outdoor advertising signs;
   2. Make recommendations to the department regarding standards for vegetation removal and landscape and maintenance plans submitted by permittees including without limitation the use of viewing zones under Code Section 32-6-75.3;
   3. Review the performance of permittees holding current tree and vegetation trimming permits issued under Code Section 32-6-75.3 for compliance with the requirements of such permits including without limitation the implementation of landscaping plans;
   4. Encourage the contribution of funds from appropriate sources to support roadside enhancement and beautification;
   5. Submit to the commissioner annually not later than 30 days after the date of its fourth quarter meeting a written report of findings based upon its reviews of permittees’ performances and recommendations including without limitation any recommendations for expenditures for roadside enhancement and beautification; and
   6. Perform such other functions as may be specified for the council by the department.

      The council shall have full and complete access to all department records necessary for the performance of its duties.

3. The council shall meet to elect a chairperson and vice chairperson and to establish the rules governing its operation. The advisory council shall meet at the call of the chairperson and shall meet not less than quarterly.
4. Each councilmember shall be compensated at a rate per day the same as that rate per day provided by law for members of the General Assembly serving on interim committees and shall be reimbursed for any necessary expenses; provided, however, that any full-time state employee on the council shall draw no compensation but shall receive necessary expenses. The commissioner is authorized to pay such compensation and expenses from department funds.

History. — Code 1933, § 95A-934.3, enacted by Ga. L. 1981, p. 955, § 2; Ga. L. 1985, p. 149, § 32; Ga. L. 1998, p. 1313, § 1; Ga. L. 2001, p. 4, § 32.

Cross references. —

Roadside enhancement and beautification fund, Ga. Const. 1983, Art. III, Sec. IX, Para. VI.

Forest resources and other plant life generally, T. 12, C. 6.

Law reviews. —

For review of 1998 legislation relating to highways, bridges, and ferries, see 15 Ga. St. U. L. Rev. 136 (1998).

For article, “Highways, Bridges, and Ferries: Regulation of Maintenance and Use of Public Roads Generally,” see 28 Ga. St. U. L. Rev. 91 (2011).

32-6-75.2. Roadside Enhancement and Beautification Fund; dedication of certain revenues.

There is established a special fund to be known as the “Roadside Enhancement and Beautification Fund.” This fund shall consist of all moneys collected under Code Section 32-6-75.3, any appropriations by the General Assembly to the fund, revenues derived from the sale of any special and distinctive wildflower motor vehicle license plates issued pursuant to paragraph (5) of subsection (l) of Code Section 40-2-86, any contributions to the fund from any other source, and all interest thereon. All moneys collected under Code Section 32-6-75.3 and fees for any special and distinctive wildflower motor vehicle license plates shall be paid into the fund. All balances in the fund shall be deposited in an interest-bearing account identifying the fund and shall be carried forward each year so that no part thereof may be deposited in the general treasury. The department shall administer the fund and expend moneys held in the fund in furtherance of roadside enhancement and beautification projects along public roads in this state and administration of the tree and vegetation trimming permit program under Code Section 32-6-75.3. In addition to the foregoing, the department may, without limitation, promote and solicit voluntary contributions, promote the sale of motor vehicle license tags authorized under paragraph (5) of subsection (l) of Code Section 40-2-86, and develop any fund raising or other promotional techniques deemed appropriate by the department. Contributions to the fund shall be deemed supplemental to and shall in no way supplant funding that would otherwise be appropriated for these purposes. The department shall prepare, by February 1 of each year, an accounting of the funds received and expended from the fund. The report shall be made available to the members of the State Transportation Board, the Senate Transportation Committee, the Transportation Committee of the House of Representatives, and to members of the public on request.

History. — Code 1933, § 95A-934.4, enacted by Ga. L. 1981, p. 955, § 3; Ga. L. 1998, p. 1313, § 2; Ga. L. 1999, p. 81, § 32; Ga. L. 2001, p. 1021, § 1; Ga. L. 2010, p. 9, § 1-60/HB 1055.

Cross references. —

Roadside enhancement and beautification fund, Ga. Const. 1983, Art. III, Sec. IX, Para. VI.

Editor’s notes. —

The constitutional amendment (Ga. L. 1998, p. 1688) which authorized provisions of this Code section was approved by a majority of the qualified voters voting at the 1998 November general election.

32-6-75.3. Permits for trimming or removal of trees or vegetation in state right of way which obstruct view of outdoor advertising; removal of signs with lapsed permits.

1. 1. For purposes of this Code section, the term:
      1. “Removal” or “removed” means the elimination of trees or other vegetation from a viewing zone.
      2. “Target view zone” means an area of the viewing zone extending from the sign to the roadway to which the sign is permitted which shall be angled as requested by the applicant to maximize the visibility of the sign to passing motorists but not to exceed:
         1. Two-hundred and fifty feet along the right of way fence or boundary; and
         2. Three-hundred and fifty feet along the pavement edge, to include any emergency lane or paved shoulder.
      3. “Trimming” or “trimmed” means the pruning of excess limbs or branches from trees or other vegetation which are not removed from a viewing zone.
      4. “Viewing zone” means a continuous 500 foot horizontal distance parallel to a state right of way and adjacent to or otherwise within the line of sight of an outdoor advertising sign.
   2. The General Assembly finds and declares that outdoor advertising provides a substantial service and benefit to Georgia and Georgia’s citizens as well as the traveling public. Therefore, the General Assembly declares it to be in the public interest that provisions be made for the visibility of outdoor advertising signs legally erected and maintained along the highways in this state to provide information regarding places offering lodging, food, motor vehicle fuels and lubricants, motor service and repairs, or any other services or products available to the general public. Recognizing, however, that the beautification of this state and the health of its environment are absolutely essential and equally as important to the traveling public, the General Assembly finds and declares that these needs must be balanced.
2. 1. So as to promote these objectives and in accordance with the provisions of this Code section, the commissioner shall provide by rule or regulation for the issuance and annual renewal of permits for the trimming and removal of trees and other vegetation on the state rights of way within viewing zones with respect to outdoor advertising signs legally erected and legally maintained adjacent to said rights of way. Such rules and regulations shall include, without limitation, standards for survival of vegetation trimmed or planted.
   2. So as to ensure that no vegetation maintenance permits are issued for the purpose of creating new outdoor advertising signs, no owner of outdoor advertising signs permitted or assigned a working number by the department after December 31, 2010, or such owner’s agent, shall be eligible to make application for vegetation maintenance for a period of five years from the date a new sign is permitted.
3. Application for a tree or vegetation trimming or removal permit and the annual renewal thereof shall be made upon the forms prescribed and provided by the department and shall contain the signature of the applicant and such other information as may be required by the department’s rules and regulations.
4. An application fee shall accompany the application for each vegetation maintenance permit, and both the application and fee shall be submitted to the department. There shall be an annual renewal of the permit for activities in the original scope of the permit. The department shall promulgate rules and regulations setting forth the application fees and renewal fees. Such application and renewal fees shall be established by the department in reasonable amounts in order to fully recover the costs of administering the vegetation maintenance program.
5. 1. The department shall evaluate each application for a permit under this Code section and require as a condition of granting any permit under this Code section that the value of the landscaping to be either provided or paid for by the applicant is not less than the department’s appraised value of the benefit to be conferred by the state upon the applicant by allowing the trimming or removing of trees or other vegetation as requested, which shall be the value of the trees or vegetation to be trimmed or removed; provided, however, that a permit may be granted to an otherwise qualified applicant in a case where the value of the landscaping to be either provided or paid for by the applicant is less than the department’s appraised value of the trees or other vegetation to be trimmed or removed if, in addition, the applicant pays to the department an amount equal to the amount of the difference between the value of the landscaping to be either provided or paid for by the applicant and the department’s appraised value of the trees or other vegetation to be trimmed or removed.
   2. Any measurement of vegetation to be removed for valuation purposes shall be made at diameter breast height as shown in the section entitled “Height of Measurement” in the Guide for Plant Appraisal (9th Edition) as published by the International Society of Arboriculture. Based on the substantial benefit to the state where dead or diseased trees are removed from the right of way, and the negligible value of dead or diseased trees, such vegetation shall not be measured or valued in determining the appraised value. Trees shall be only deemed dead or diseased if listed as such in the report of a certified forester or arborist, subject to review and approval by the department. Upon receipt of a properly completed application, the department shall, within 60 days, issue the permit for vegetation maintenance.
   3. 1. For purposes of this paragraph, the term “historic tree” means a tree or group of trees that are reasonably determined by the department to be:
         1. Identified by a unit of government to recognize an individual or group;
         2. Located at the site of a historic event and significantly impact an individual’s perception of the event;
         3. Dated to the time of a historic event at the location of the tree, as identified by a unit of government; or
         4. Confirmed as the progeny of a tree that meets any of the criteria contained in this division.
      2. For purposes of this paragraph, the term “landmark tree” means a tree or group of trees that:
         1. Have been planted and maintained for educational purposes for more than 75 years;
         2. Were planted as a memorial to an individual, group, event, or cause and are more than 75 years old; or
         3. Symbolize a historically significant individual, place, event, or contribution, as recognized by a unit of government prior to July 1, 2010.
      3. For purposes of this paragraph, the term “specimen tree” means a hardwood tree or group of hardwood trees that is determined to be in excess of 75 years of age as determined by a registered forester or arborist.
      4. The applicant shall be allowed to remove all trees and vegetation from the target view zone so long as the sign was permitted or assigned a working number by the department on or before December 31, 2010. Vegetation removal shall be prohibited in all areas of the viewing zone outside of the target view zone except that portions of vegetation, such as tree limbs, which extend into the target view zone from outside the target view zone may be trimmed as necessary to preserve the clear target view zone. The only vegetation which cannot be removed from the target view zone pursuant to this paragraph shall be landmark trees, historic trees, and specimen trees, as defined in subparagraphs (A) through (C) of this paragraph, and any tree planted as part of a permitted local, state, or federal government beautification project. After July 1, 2011, however, no beautification project in this state shall include the planting of trees in the right of way within 500 feet of an outdoor advertising sign such that the visibility of a permitted outdoor advertising sign is obscured or could later be obscured by the growth of such vegetation.
      5. Pruning or trimming of trees under a permit shall conform to industry standards as defined by the National Arborist Association, International Society of Arboriculture or ANSI A300 pruning standards as of January 1, 2011, or such later edition as may be adopted by rule or regulation of the department.
   4. An applicant’s record of conduct regarding disturbance of trees or other vegetation on state rights of way shall be considered by the department as part of the evaluation process for any permit or permit renewal application.
   5. Prior to approving any permit application to remove allegedly diseased trees, the department shall verify that such trees are in fact diseased. Such determination shall be made by the department’s landscape architect.
   6. A performance bond in an amount adequate for the requirements of the permit as determined by the department shall be required of each permittee.
6. 1. No trees or other vegetation on state rights of way shall be trimmed, killed, or removed by any person other than in accordance with a permit issued under this Code section by any person other than the department or an authorized agent or contractor thereof.
   2. No outdoor advertising sign to which a permit under this Code section is applicable shall be unused for advertising for a period of six consecutive months or more.
   3. On and after July 1, 1999, no outdoor advertising sign to which a permit under this Code section is applicable shall be maintained in such a condition of disrepair as to be unusable for advertising.
   4. 1. In cases where the department has reasonable cause to believe that a violation of this subsection has been committed by any person, the procedures provided under Code Section 32-6-95 shall apply the same as in cases wherein the department believes that a sign is being maintained in violation of this part.
      2. Following notice, hearing, and a finding that a person has committed a violation of paragraph (1) of this subsection, a civil fine of not less than $10,000.00 nor more than $20,000.00, and restitution in an amount equal to the appraised value of the trees or vegetation, or both, which were unlawfully trimmed or removed, shall be imposed on such person.
      3. Following notice, hearing, and a finding that a permittee under this Code section has committed a violation of paragraph (2) of this subsection, an order directing the removal of such unused sign, at the expense of the permittee, shall be issued.
      4. Following notice, hearing, and a finding that a permittee under this Code section has committed a violation of paragraph (3) of this subsection, an order directing the removal of such unusable sign shall be issued.
      5. The department or its authorized agents shall be authorized to enter upon private lands and disassemble and remove signs without civil or criminal liability therefor pursuant to an order issued in accordance with this paragraph and as provided by Code Section 32-6-96 for disassembly and removal of illegal outdoor advertising signs.
7. In order to obtain a vegetation maintenance permit for signs which exceed 75 feet in height, as measured from the base of the sign or crown of the adjacent roadway to which the sign is permitted, whichever is higher, the owner of the sign shall agree to reduce the sign to 75 feet in height or less, as measured from the base of the sign or crown of the adjacent roadway to which the sign is permitted, whichever is higher, unless lowering is precluded by local government code or regulation. Work to lower the sign shall be concluded within 60 days of completion of the vegetation removal. If the terms of the work plan are not complied with and all work satisfactorily completed within the allowed time, the performance bond shall be forfeited, and the department shall be authorized to collect the bond and lower the sign. Upon completion of any project which reduces sign height by use of a new support mechanism, such as a new pole, the sign owner shall provide the department with a written footer inspection from the applicable local government or a professional engineer prior to the release of the bond.
8. The department shall have the right to refuse to issue any vegetation permits to any person, firm, or entity which the department determines is maintaining or is allowing to be maintained any abandoned sign or signs, until all such abandoned signs are removed or brought into compliance with the provisions of this Code section. For purposes of this subsection, the term “abandoned sign” means any sign adjacent to a state-controlled route that has not contained a message for six consecutive months and which has not had a message displayed within 30 days after receipt of notice by certified mail from the department. The addition of a “for rent” panel or a phone number shall not qualify as a message for purposes of this subsection, but self-promotional copy covering at least one entire sign face or advertising copy benefiting charitable, nonprofit, religious, or other noncommercial groups shall qualify as a message.
9. The department shall have the right to refuse to issue any vegetation permits to any person, firm, or entity which the department determines is maintaining or is allowing to be maintained in their inventory of signs in this state any sign which depicts any material which is obscene as such term is defined in Code Section 16-12-80, or material that is in conflict with the applicable local government’s obscenity ordinance. Upon conviction of depiction of any material as obscene the person, firm, or entity shall be punishable by a fine of not less than $5,000.00 for the first conviction and $10,000.00 for any subsequent conviction and shall also be guilty of a misdemeanor of a high and aggravated nature.
10. The removal of signs with lapsed outdoor advertising permits is of benefit to this state but is often too costly for the department to undertake. In order to encourage the removal of such signs and permitted signs that do not conform to the state’s current requirements for outdoor advertising signs without the expenditure of state funds, a credit which may be used as an offset toward the total appraised value of the vegetation to be removed in accordance with a vegetation maintenance permit shall be awarded for each qualifying sign removal as follows:
    1. On or before March 1, 2012, the department shall prepare a list of signs which once held a valid outdoor advertising permit but for which the permit has been allowed to lapse. Notification of a sign’s inclusion on such list shall be sent to the last known address for the sign’s owner as listed on department records and to any other person or entity which the department reasonably finds to have an interest in such sign. Within 30 days of receipt of such notice or 60 days of publication of the list, whichever comes later, any person or entity claiming to be the owner of a sign that they do not believe has been properly included on the list shall be allowed to submit written notice to the department of their objection. Such objection may include a statement of the relevant facts and any supporting documents. On or before July 1, 2012, the department shall publish the final list. Signs which are the subject of any current objections, administrative appeals, or legal disputes shall not be included on such list. This list shall be updated annually and provided to the chairpersons of the House and Senate Transportation Committees on or before the first day of March;
    2. The department shall, on or before January 1, 2012, prepare a schedule or formula to determine the credit to be received for the removal of lapsed-permit signs and permitted nonconforming outdoor advertising signs. Such schedule shall provide a valuation of the credit based on four factors: material used in sign structure, height of sign, size of sign, and terrain and topography. The department shall also prepare a form to be submitted by any person or entity seeking a credit under this subsection. Such form shall require a description of the material used in the sign structure, the height of the sign, the size of the sign, and the terrain and topography where the sign is situated and a calculation of the anticipated credit in accordance with the department’s schedule or formula;
    3. At such time as any lapsed-permit sign from the department’s updated list or a nonconforming outdoor advertising sign is removed, the person or entity responsible for such removal shall submit to the department the completed removal form and photographic evidence of the removal. For purposes of this subsection, the term “removal” means removal of all structural elements above ground level; removal of footers or foundation elements shall not be required. Within 60 days of such submission, the department shall certify and return the form. No credit shall be allowed for the removal of a lapsed-permit sign by the owner of such sign. The certified form shall serve as a credit voucher. Credit vouchers may be transferred to another party via notarized statement signed by both parties;
    4. Where a lapsed-permit sign from the department’s updated list or a nonconforming sign is to be removed in conjunction with a specific application for a vegetation maintenance permit, the sign to be removed shall be designated by department permit number. If the vegetation permit is approved, then the sign designated for removal shall be removed at least 15 days prior to initiation of work pursuant to the vegetation permit. Removal shall be deemed complete when the removal form and photographic evidence of the removal are submitted to the department. The sign designated for removal need not be owned by the vegetation permit applicant. As such, nothing herein shall be interpreted to require that the removed sign be owned or controlled by the vegetation permit applicant. All work hereunder shall be performed by licensed and bonded entities or individuals, where required by law, and the department shall not be liable for the actions of any nondepartment personnel; and
    5. A credit voucher may be used by an applicant for a vegetation maintenance permit as an offset against the total appraised value of the vegetation to be removed on a dollar-for-dollar basis, except that the total payment shall not be reduced below $4,000.00. Any unused portion of a credit voucher may be used in conjunction with a subsequent vegetation maintenance application.
11. Nothing contained in this Code section shall render any sign existing on July 1, 2011, nonconforming. Nothing in this Code section shall supersede any applicable local rules or ordinances. The department shall not deny an applicant a vegetation maintenance permit for complying with applicable local rules or ordinances.