CLARKESVILLE, Ga. — The Habersham County Board of Commissioners voted unanimously Monday to formally object to the City of Baldwin’s proposed annexation of nearly 100 acres along Duncan Bridge Road and GA 365, setting the stage for a possible state arbitration process.
The board adopted a resolution directing the county attorney to file a timely objection with the Georgia Department of Community Affairs under O.C.G.A. 36-36-113. The resolution authorizes staff to prepare a detailed objection letter documenting what county officials describe as a “material increase in burden” tied to the proposed zoning change.
Under Georgia law, counties cannot approve or deny municipal annexations. They may only object based on specific statutory criteria, including increased service demands or land use conflicts.
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Material burden cited
Planning and Development Director Mike Beecham told commissioners the annexation
would represent a significant shift from the county’s current Low Intensity designation to Baldwin’s proposed Highway Business zoning.
He described the change as “pretty drastic,” noting the county’s LI classification allows small-scale office and neighborhood uses, while Highway Business permits higher-intensity commercial development, including drive-through restaurants, banks and grocery stores.
However, Beecham emphasized that zoning differences alone are not sufficient grounds for objection. The county must demonstrate a material increase in burden.
Using traffic estimates prepared by a local engineer based on data from the Institute of Transportation Engineers, Beecham said a proposed shopping center concept could generate approximately 24,000 vehicle trips per day. Current traffic counts just north of the site on Ga. 365 average about 28,000 vehicles daily.
“It’s not quite a doubling, but it’s pretty close,” Beecham said, noting the estimate covers only about 60% of the annexed property.
He also cited crash data at the intersection of Duncan Bridge Road and Ga. 365, where roughly 200 accidents were recorded in the past year, along with 41 crashes at Level Grove Road and Duncan Bridge Road.
Habersham County provides EMS services countywide and serves as a first responder at those intersections.
“If we have 24,000 people around that intersection, then the number of accidents are going to go up,” Beecham said. “That creates a significant increase in burden to the county.”
Arbitration process ahead
County Attorney Angela Davis said the resolution tracks the annexation statute and preserves the county’s rights ahead of an early March objection deadline.
If the objection proceeds, the matter would move through a state-managed dispute resolution process. After a 30-day negotiation period, an arbitration panel appointed through DCA could hear arguments from the county, the city and the developer before issuing a decision.
Davis also noted a procedural question remains about whether the city properly notified the local school board when it initiated the annexation. State law requires notice to both the county and the board of education.
The county has requested confirmation multiple times and filed an open records request but has not received documentation, Davis said. If notice was not properly given, DCA could determine the annexation was not correctly commenced and require the process to restart.
“We do not have the authority under the law to just vote no and stop an annexation,” Davis said. “What we’re putting forward tonight is us exercising authority to the greatest extent that we have it.”
Baldwin response
Former Baldwin Councilwoman Alice Venter addressed the commission during public
comment, urging members to carefully consider their decision and expressing disappointment that Baldwin’s mayor was not present.
Current Baldwin Councilman Mike Tope was the only city official in attendance.
Following the meeting, Tope told Now Georgia the annexation remains part of an ongoing process.
“Like I said at our last council meeting, this is a process and we’re here to gather information,” Tope said. “I appreciate the county taking the time to research this matter thoroughly.”
Tope said he did not know how the county’s objection might affect Baldwin’s public hearing on the annexation scheduled for March. He also said he was unsure whether the required notice to the school system had been filed on time.
The county’s formal objection now shifts the matter into the state’s dispute resolution framework, where negotiations — and potentially arbitration — will determine whether the annexation proceeds as proposed.
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