TITLE 32 HIGHWAYS, BRIDGES, AND FERRIES

Section 6. Regulation of Maintenance and Use of Public Roads Generally, 32-6-1 through 32-6-248.

ARTICLE 3 CONTROL OF SIGNS AND SIGNALS

32-6-90. Promulgation of rules and regulations by department.

The department is authorized to promulgate rules and regulations governing the issuance and revocation of permits for the erection and maintenance of outdoor advertising which is authorized by Code Sections 32-6-72 and 32-6-73 and which is not prohibited by this part. The department is further authorized to promulgate rules and regulations governing the issuance, revocation, and renewal of permits for the trimming of trees and vegetation on the state's rights of way authorized by and in accordance with Code Section 32-6-75.3. Such rules and regulations shall be consistent with the safety and welfare of the traveling public, and as may be necessary to carry out the policy of the state declared in this part, and consistent with the purposes of the Highway Beautification Act of 1965, Public Law 89-285, as amended, and contained in Title 23, United States Code. The department is further authorized to promulgate such rules and regulations as are necessary to carry out this part.

(Ga. L. 1967, p. 423, § 5; Ga. L. 1971, Ex. Sess., p. 5, § 8; Code 1933, § 95A-920, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1974, p. 1422, § 31; Ga. L. 1977, p. 263, § 6; Ga. L. 1981, p. 955, § 1; Ga. L. 1998, p. 1313, § 4.)

Law reviews.

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

JUDICIAL DECISIONS

Outdoor advertising.

- Since former paragraph (a)(4) of O.C.G.A. § 32-2-41 expressly forbade the commissioner from exercising the board's power concerning the approval of "long-range plans and programs of the department," and the adoption, amendment, or repeal of departmental rules and regulations concerning outdoor advertising in Georgia was a long-range program, the commissioner was not empowered to adopt proposed amendments to such rules and regulations sua sponte. Outdoor Adv. Ass'n v. DOT, 186 Ga. App. 550, 367 S.E.2d 827, cert. denied, 186 Ga. App. 918, 367 S.E.2d 827 (1988).

O.C.G.A. § 32-6-70, in no uncertain terms, delegated the regulation of outdoor advertising to the Georgia Department of Transportation (DOT), as the statute provided in part that it was 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, under § 32-6-70(a), and O.C.G.A. § 32-6-90 further authorized the DOT to promulgate regulations governing permits for outdoor advertising. Walker v. DOT, 279 Ga. App. 287, 630 S.E.2d 878 (2006).

OPINIONS OF THE ATTORNEY GENERAL

Department must maintain control over contemplated tree cutting operations.

- Given the Department of Transportation's authority and obligation to control the state highway system, it seems imperative that the department maintain rigid and absolute control over any contemplated tree cutting operations, particularly if those operations are undertaken by private individuals on rights-of-way. 1981 Op. Att'y Gen. No. 81-75.

Authorization to regulate cutting of trees and vegetation on rights-of-way.

- Authorization to formulate rules related to, and issuance of permits for, cutting of trees and vegetation on rights-of-way does not impinge upon the Department of Transportation's authority and legal obligation to control the state highway system. 1981 Op. Att'y Gen. No. 81-75.

RESEARCH REFERENCES

ALR.

- Building regulations as applicable to billboards and similar structures, 60 A.L.R. 1158.

Power of highway officer in respect of billboards or other conditions on adjoining property which are deemed dangerous to travel or offensive esthetically to travelers, 81 A.L.R. 1547.

Cases Citing O.C.G.A. § 32-6-90

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Outdoor Advert. Ass'n of Georgia, Inc. v. Garden Club of Georgia, Inc., 527 S.E.2d 856 (Ga. 2000).

Cited 17 times | Published | Supreme Court of Georgia | Mar 6, 2000 | 272 Ga. 146, 2000 Fulton County D. Rep. 937

...nd its Commissioner, Wayne Shackelford ("DOT"). The complaint alleged that the new statutes, implementing rules, and a DOT-created Manual of Guidance (Manual), [3] violate the gratuities clause, exceed the rule-making authority of the DOT under OCGA § 32-6-90, and contravene certain provisions of the Georgia Administrative Procedure Act, OCGA § 50-13-1 et seq....