Title 12, Chapter 16, Section 5
( 12-16-5)
(a) If the responsible official receives, within 30 days of the
publication of the notice in the legal organ of an affected county
or counties, requests in writing for a public hearing from at least
100 persons who are residents of the State of Georgia, a public
hearing shall be held by the responsible official or his designee in
each county where the proposed governmental action for which an
environmental effects report has been prepared or any part thereof
is to take place. The responsible official or his designee may, in
the sole discretion of the responsible official, hold a public
hearing in each such county at any time after 30 days from the date
of publication of the notice has elapsed even if less than 100
requests are received in writing from residents of the State of
Georgia but only one public hearing in a county shall be required
regardless of whether it is a mandatory or discretionary hearing. (b) The responsible official shall consider all comments received
either in writing or during the public hearing or hearings, if held.
After considering these comments, the responsible official shall
decide whether to proceed with the proposed governmental action as
originally proposed, whether to proceed with changes, or whether not
to proceed. Notice of the decision of the responsible official
shall be given in writing to the director and published in the legal
organ of each county in which the proposed governmental action or
any part thereof is to occur. (c) The decision of the responsible official to proceed with the
proposed governmental action shall not create a cause of action in
any person, corporation, association, county, or municipal
corporation; provided, however, the actions of the responsible
official in the procedure of giving notice by publication of the
environmental effects report and notice by publication of the
decision made based upon the report and public comments, if any, may
be challenged pursuant to Chapter 13 of Title 50, the "Georgia
Administrative Procedure Act," if the responsible official acts on
behalf of a government agency which is subject to that act or by
mandamus otherwise; but any such challenge must be commenced within
30 days after the date notice of the responsible official's decision
made pursuant to subsection (b) of this Code section is first
published in a legal organ of any affected county or counties. |