(1)
Each Regional Commission is
encouraged to establish alternative DRI requirements, specifically tailored to
the needs of their region, which may be either more restrictive or less
restrictive than those promulgated by the Department in these rules. These
alternative requirements may include:
1)
alternative DRI
thresholds;
2)
alternative set of reviewable development types qualifying for DRI
review;
3)
Amendments to the DRI Communication Procedures. These
alternative DRI requirements may apply to the entire region or to specific
Areas Requiring Special Attention or Regionally Important Resources that are
identified in the Regional Commission's Regional Plan. The alternative
requirements must be developed and approved as follows:
* The Regional Commission must first solicit input about
desired alternative DRI requirements from the local governments in its region
and any potentially affected parties.
* The proposed alternative DRI requirements must be approved
by a majority of the Regional Commission's Council and subsequently submitted
to the Department for consideration.
* The Board of Community Affairs must adopt a resolution
approving the alternative DRI requirements for that Regional Commission.
(2) Whenever a
development is submitted to a Regional Commission for DRI determination by one
of its constituent local governments, the Regional Commission must undertake
the DRI Communication Procedures identified in Chapter
110-12-7-.02. As appropriate or
where duly requested, the Regional Commission may also undertake any of the
optional activities identified in section
110-12-7-.02(10).
(3) Whenever, within 60 days of local final
action on a project, it comes to the Regional Commission's attention that a
local government has taken final action upon a project designated as a DRI
prior to the completion of the DRI process, or has allowed a development that
exceeds DRI thresholds to proceed without complying with DRI Communication
Procedures, the Regional Commission must:
(a)
Hold a meeting with the local government to carefully explain the DRI process,
benefits of participating in this process, and possible consequences of not
participating.
(b) If, within two
years of the meeting above, a local government again fails to submit a
qualifying project or to wait until the DRI process is completed prior to
taking final action the project, the Regional Commission will inform the
Department. The Board of Community Affairs will evaluate the situation and
determine an appropriate response which may include suspension of the local
government's Qualified Local Government status for a period of up to 1
year.
(4) Each Regional
Commission's Council must formally approve its process for issuance of negative
DRI findings as provided at
110-12-7-.02(5)(d),
choosing from either of the following three options:
(a) The Regional Commission's Executive
Director may issue the negative finding without approval of the full Council,
but subject to the applicant's opportunity to appeal as specified at
110-12-7-.02(5)(d)1.
(b) A subcommittee of the Regional
Commission's Council may be designated to approve and issue negative findings
without approval of the full Council, but subject to the applicant's
opportunity to appeal as specified at
110-12-7-.02(5)(d)1.
(c) Approval of the Regional
Commission's Council is required for issuance of negative findings. In order to
meet the 30-day DRI process timeline, it is recommended that the Regional
Commission's Council also authorize the Regional Commission's Executive
Director to notify the local government and the applicant prior to the 30th day
after issuing the DRI determination that staff will recommend a negative
finding for action at the next meeting of the Regional Commission's
Council.
Notes
Ga. Comp. R. & Regs.
R. 110-12-7-.04
50-8-7.1(b).
Original Rule entitled
"Regional Commission Responsibilities" adopted. F. Feb. 7, 2013; eff. Feb. 27,
2013.