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Planning & Zoning director: Georgia law now designates variances, appeals and special-use permits as quasi-judicial; board raises concerns

Upson County Board of Commissioners · July 14, 2026
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Summary

The Planning & Zoning Director told the Upson County board that changes to Georgia's zoning procedure law classify variances, appeals of Planning & Zoning Director decisions, and special-use permits as quasi-judicial actions, which could let the Planning Commission make final decisions. The board expressed concern and will address the rewrite at the July 28 meeting.

The Planning & Zoning Director briefed the Upson County Board of Commissioners during the July 14, 2026 work session on statutory changes affecting local zoning procedure. The director said the revisions designate variances, appeals of decisions made by the Planning & Zoning Director, and special-use permits as quasi-judicial matters and stated that "final decisions on these matters could be made by the Planning Commission rather than the Board of Commissioners."

Commissioners discussed the implications and expressed concern about shifting final decision-making authority to the Planning Commission. The board instructed staff to incorporate the changes in a zoning ordinance rewrite and scheduled that rewrite for presentation at the July 28 meeting. No formal vote was taken during the work session.