Title 50, Chapter 8, Section 7.1
( 50-8-7.1)
(a) The department shall perform the duties, responsibilities, and
functions and may exercise the power and authority described in this
Code section. The department, utilizing the comprehensive plans of
qualified local governments, shall undertake and carry out such
activities as may be necessary to assist the Governor in
encouraging, coordinating, developing, and implementing coordinated
and comprehensive planning. Such activities may include, but shall
not be limited to, the following: (1) The department, utilizing the comprehensive plans of qualified
local governments, shall assist the Governor in coordinated and
comprehensive planning on the state level and throughout the
state, including, but not limited to, assistance in the
development of a comprehensive plan for the state; (2) The department, utilizing the comprehensive plans of qualified
local governments, shall assist the Governor in defining the
state's long-term goals, objectives, and priorities and
implementing those goals, objectives, and priorities through
coordinated and comprehensive planning; (3) The department shall examine and analyze plans of state
agencies, comprehensive plans of regional development centers, and
comprehensive plans of municipalities and counties, undertaken as
part of the coordinated and comprehensive planning process, and
advise the Governor with respect to those plans; and (4) The department shall serve as policy liaison for the Governor,
with respect to coordinated and comprehensive planning, with and
among state agencies and local governments. (b) The department shall establish in accordance with the provisions of Code Section 50-8-7.2 minimum standards and procedures for coordinated and comprehensive planning, including standards and procedures for preparation of plans, for implementation of plans, and for participation in the coordinated and comprehensive planning process. The department shall undertake and carry out such activities as may be specified by law. Such activities may include, but shall not be limited to, the following: (1) As part of such minimum standards and procedures, the
department shall establish minimum elements which shall be
addressed and included in comprehensive plans of local governments
which are prepared as part of the coordinated and comprehensive
planning process. These elements shall include, but shall not be
limited to, housing, human services, natural resources, the
environment, vital areas, historic resources, infrastructure, land
use other than zoning, recreation, transportation, and economic
development; (2) The department shall establish minimum standards and procedures which shall be used by local governments in developing, preparing, and implementing their comprehensive plans. The department shall incorporate the minimum standards and procedures with respect to natural resources, the environment, and vital areas of the state established and administered by the Department of Natural Resources pursuant to Code Section 12-2-8. In establishing such minimum standards and procedures, the department shall be authorized to differentiate among local governments and among regions based upon factors which the department determines merit differentiation, such as total population, density of population, geographic features, the size of tax base, the type and character of services furnished by local governments, the size of budget, and other factors; (3) The department shall develop planning procedures with respect
to regionally important resources, for planning with respect to
developments of regional impact, and for encouraging
interjurisdictional cooperation among local governments. The
department shall determine, in its judgment and for each region,
what shall constitute developments of regional impact. Such
determinations by the department shall be made for each region
after receiving any necessary information from the regional
development center for the region, from local governments within
the region, and from others within the region. The department's
determinations shall be publicly promulgated, using such means as
the commissioner may determine, so that all local governments
within a region will receive notice of the department's
determinations affecting that region; and (4) The department shall establish and shall promulgate procedures
for obtaining input from, and participation by, local governments
and the public in establishing, amending, and updating from time
to time the minimum standards and procedures. (c) The department shall undertake and carry out such activities as
the board or the commissioner may deem necessary for supervising
regional development centers and as may be specified by law. Such
activities may include, but shall not be limited to, the following: (1) The department shall recommend to the board from time to time
the boundaries for the regions for each of the regional
development centers; and (2) The department shall review and comment on comprehensive plans
prepared by, and coordinated and comprehensive planning activities
undertaken by or under the direction of, regional development
centers. (d) The department shall undertake and carry out such activities as
may be necessary to mediate, or otherwise assist in resolving,
conflicts. Such activities may include, but shall not be limited to,
the following: (1) The department may establish such procedures and guidelines
for mediation or other forms of resolving conflicts as the
commissioner may deem necessary. The procedures and guidelines
shall specify the times within which steps in the mediation or
other form of conflict resolution shall take place and shall
provide that such times shall not exceed, in the aggregate, 90
days from the date on which mediation or other conflict resolution
begins. The department shall promulgate and make public all such
procedures and guidelines; (2) The department may act to mediate or otherwise assist in
resolving conflicts upon written request from any regional
development center or local government or may act, without any
such request, on its own initiative;
(3) The department may establish rules and procedures which
require that local governments submit for review any proposed
action which would, based upon guidelines which the department may
establish, affect regionally important resources or further any
development of regional impact. Any such proposed action by a
local government (other than a regional development center) shall
be submitted for review to the local government's regional
development center. Any such proposed action by a regional
development center shall be submitted for review to the
department. Review shall be in accordance with rules and
procedures established by the department. The review shall result
in a public finding by the regional development center or the
department, as the case may be, that the action will be in the
best interest of the state or that it will not be in the best
interest of the state; (4) Any conflict which remains after review pursuant to the
procedures established under paragraph (3) of this subsection
shall be submitted to mediation or such other form of resolving
conflicts as the commissioner may deem necessary; and (5) The department may decline to certify a local government as a
qualified local government or may take or recommend action which
would reduce state or other funding for a regional development
center if such local government or regional development center, as
the case may be, is a party to a conflict but fails to participate
in the department's mediation or other means of resolving
conflicts in a manner which, in the judgment of the department and
a majority of the Board of Community Affairs, reflects a good
faith effort to resolve the conflict. |