O.C.G.A.
O.C.G.A.

O.C.G.A. § 32-6-90 (2019)

Promulgation of rules and regulations by department

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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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.

History

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.

Annotations

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.

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1988–2024 · leading case: Walker v. Dep't of Transp., 630 S.E.2d 878 (Ga. Ct. App. 2006).
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Walker v. Dep't of Transp., 630 S.E.2d 878 (Ga. Ct. App. 2006). · cites it 4× “While OCGA §§ 32-2-2 and 50-13-4 generally provide the DOT with the authority to manage and maintain the state’s highways, under OCGA § 32-6-90, the DOT specifically “is authorized to promulgate rules and regulations governing the issuance and revocation of permits for the…”
Outdoor Advert. Ass'n of Georgia, Inc. v. Garden Club of Georgia, Inc., 527 S.E.2d 856 (Ga. 2000). · cites it 4× “, and Chancellor Media Whiteco Outdoor Corporation ("Advertisers") were granted permission to intervene as party defendants.”
Garden Club v. Shackelford, 560 S.E.2d 522 (Ga. 2002). · cites it 2× “…of Dentistry v. Brooks, 273 Ga. 852 ( 548 SE2d 284 ) (2001). See OCGA § 32-6-75.1 (b) (1), (2), (3), and (6). See OCGA §§ 32-6-90; 50-13-2 (6) (f).”
Outdoor Advert. Ass'n of Georgia, Inc. v. Dep't of Transp., 367 S.E.2d 827 (Ga. Ct. App. 1988). · cites it 4× “OCGA § 32-6-90. Since “the department” is the agency authorized to make rules and regulations, and since the right-of-way engineer executed an affidavit in which he swore “the Department” fully considered the public comment resulting from the November 25 public hearing, appellee…”
Eagle West, LLC v. Georgia Dep't of Transp., 720 S.E.2d 317 (Ga. Ct. App. 2011). · cites it 2× “LLC, supra; OCGA § 32-6-90 (authorizing the DOT to promulgate regulations governing permits for outdoor advertising).”
Lamar Co. LLC v. Whiteway Neon-Ad, 693 S.E.2d 848 (Ga. Ct. App. 2010). · cites it 2× “OCGA § 32-6-90. As more fully set forth below, both The Lamar Company and Whiteway have applied for permits to display multiple messages on their signs.”
Victory Media Grp., LLC v. Georgia Dep't of Transp. (Ga. Ct. App. 2024). · cites it 4× “OCGA § 32-6-90 5 further authorizes the GDOT to promulgate regulations governing permits for outdoor advertising.”
Amg, LLC v. Georgia Dep't of Transp. (Ga. Ct. App. 2024). · cites it 2× “Because both the AMG sign and the GOA sign are within 660 feet of the nearest edge of a right of way and are visible from the main traveled way of the interstate or primary highways, the signs are subject to DOT regulation and permitting under OCGA § 32-6-72 — regardless of…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.