TITLE 50 STATE GOVERNMENT

Section 8. Department of Community Affairs, 50-8-1 through 50-8-301.

ARTICLE 1 GENERAL PROVISIONS

50-8-2. Definitions.

1. As used in this article, the term:
   1. "Board" means the Board of Community Affairs.
   2. "Commissioner" means the commissioner of community affairs.
   3. "Comprehensive plan" means any plan by a county or municipality covering such county or municipality or any plan by a regional commission covering the center's region proposed or prepared pursuant to the minimum standards and procedures for preparation of comprehensive plans and for implementation of comprehensive plans, established by the department in accordance with this article.
   4. "Conflict" means any conflict, dispute, or inconsistency arising:
      1. Between or among comprehensive plans for any counties or municipalities, as proposed, prepared, proposed to be implemented, or implemented;
      2. Between or among comprehensive plans for any regions, as proposed, prepared, proposed to be implemented, or implemented;
      3. Between or among comprehensive plans for any counties or municipalities and comprehensive plans for the region which includes such counties or municipalities, as such plans may be proposed, prepared, proposed to be implemented, or implemented;
      4. With respect to or in connection with any action proposed to be taken or taken by any county, municipality, or other local government relating to or affecting regionally important resources, as defined by the department pursuant to this article; or
      5. With respect to or in connection with any action proposed to be taken or taken by any county, municipality, or other local government relating to or affecting developments of regional impact, as defined by the department pursuant to this article.
   5. "Constitution" means the Constitution of the State of Georgia.
   6. "Contract" means any contract, agreement, or other legally binding arrangement.
   7. "Coordinated and comprehensive planning" means planning by counties and municipalities and by regional commissions in accordance with the minimum standards and procedures. Coordinated and comprehensive planning is one of the local government affairs for which the department is authorized to assist in the performance of local government services.
   8. "County" means any county of this state.
   9. "Department" means the Department of Community Affairs.
   10. "Eligible recipient" means any local government, school district, or other government entity which may be eligible to receive funds from the department pursuant to terms for eligibility established by the department or those established by the government or other source which makes the funds available to the department.
   11. "Government" means any governmental unit on the federal, state, or local level and any department, agency, or authority of any such governmental unit and shall include all local governments, school districts, state agencies, and state authorities.
   12. "Local government" means any county, municipality, or other political subdivision of the state; any regional commission; any public agency or public authority, except any state agency or state authority, created under the Constitution or by Act of the General Assembly; and shall include public agencies and public authorities which are created or activated pursuant to the Constitution or Act of the General Assembly or by action of the governing body of any county, municipality, or other political subdivision of the state, separately or in any combination, and shall include any group of counties or municipalities which forms the group to carry out jointly any of their lawful purposes but shall not include school districts.
   13. "Local government affairs" means all matters involving or affecting local governments including, but not limited to, coordinated and comprehensive planning in which the state is or may become empowered or authorized to perform any duties, responsibilities, or functions or to exercise any power or authority.
   14. "Local government services" means the activities performed or authorized to be performed by the department including, but not limited to, its performance of duties, responsibilities, and functions in local government affairs and its exercise of power and authority in local government affairs.
   15. "Minimum standards and procedures" means the minimum standards and procedures, including the minimum elements which shall be addressed and included, for preparation of comprehensive plans, for implementation of comprehensive plans, and for participation in the coordinated and comprehensive planning process, as established by the department in accordance with this article. Minimum standards and procedures shall include any elements, standards, and procedures for such purposes prescribed by a regional commission for counties and municipalities within its region and approved in advance by the department, in accordance with this article.
   16. "Municipality" means any municipal corporation of the state and any consolidated city-county government of the state.
   17. "Necessary" means necessary, desirable, or appropriate, as determined by the commissioner, unless the context clearly indicates a different meaning.
   18. "Qualified local government" means a county or municipality which:
       1. Has a comprehensive plan in conformity with the minimum standards and procedures;
       2. Has made its local plan implementation mechanisms consistent with those established in its comprehensive plan and with the minimum standards and procedures; and
       3. Has not failed to participate in the department's mediation or other means of resolving conflicts in a manner which, in the judgment of the department, reflects a good faith effort to resolve any conflict.
   19. "Region" means the territorial area within the boundaries of operation for any regional commission, as such boundaries shall be established from time to time by the board in accordance with the provisions of subsection (f) of Code Section 50-8-4.
   20. "Regional commission" means a regional commission established under Article 2 of this chapter.
   21. "Rural area" means any nonurban area in the state as defined in rules and regulations of the department.
   22. "School district" means any school district, independent school system, or other local school system in the state.
   23. "State" means the State of Georgia.
   24. "State agency" means any department, agency, commission, or other institution of the executive branch of the government of the State of Georgia.
2. A reference to the terms of any contract or writing or to the terms under which any funds are made available shall be construed as a reference to all terms, conditions, covenants, representations, warranties, and other provisions.

(Code 1981, §50-8-2, enacted by Ga. L. 1988, p. 38, § 1; Ga. L. 1989, p. 1317, § 2.1; Ga. L. 2008, p. 181, §§ 1, 18, 24/HB 1216.)