HB739 Alabama 2010 Session

Summary

Primary Sponsor

Randy Davis

Republican

Co-Sponsors

Harry ShiverJoe FaustAlan BakerSteve McMillan

Session

Regular Session 2010

Title

Baldwin Co., planning and zoning commission and board of adjustment, members, jurisdiction, members with real estate licenses and setbacks for wetlands further provided for, appeals, procedure for the implementation of planning and zoning and for certain conflicts, Secs. 45-2-261.01, 45-2-261.02, 45-2-261.07, 45-2-261.10, 45-2-261.13, 45-2-261.17, 45-2-261.40 am'd. (2010-20821)

Summary

HB739 would reorganize Baldwin County's planning and zoning system by redefining commission composition and jurisdiction, establishing district referenda for planning authority, creating district boards of adjustment, and expanding participation by real estate professionals while protecting existing subdivision setbacks.

What This Bill Does

It changes who sits on the Baldwin County Planning Commission, how terms work, and when new members can be appointed, including potential temporary district seats. It lets the county establish district-based planning authority only after district voters approve it, with a process to form districts and cover election costs. It creates four district boards of adjustment with rules for appointments, meetings, and appeals, and sets up an appeal path from boards to circuit court and county commission. It adds protections for existing subdivisions (grandfathering of setbacks) and allows up to 25% of planning commissioners to be real estate professionals.

Who It Affects

• Residents and property owners in Baldwin County (especially in unincorporated areas) who could be affected by district planning, automatic rezoning rules, standing to file applications, and referendum-based district creation.
• Planning officials, developers, and real estate professionals who would serve on the Planning Commission or Boards of Adjustment, participate in subdivision regulation, and navigate appeals and new appointment rules.

Key Provisions

• Reconstitutes Planning Commission: minimum eight unincorporated electors, nine regular members, residency rules, four-year terms, possible temporary district seats for three years.
• Vacancies filled by Baldwin County Commission; members may be removed for cause; expenses paid from the county's General Fund; members serve without compensation.
• Planning Commission jurisdiction covers all unincorporated areas; limits on authority over natural resources on private land; automatic rezoning to single-family use in certain districts upon owner request.
• Automatic variance provision for a single-family dwelling when zoning is adopted in a district.
• Standing to file applications expanded: any owner of record or interest may file; ownership status cannot be sole reason to reject an application if the party has an interest in the property.
• County may enter agreements with municipalities for planning and may designate the planning commission to administer subdivision regulations.
• Establishment of district-based planning: districts formed by referendum; procedures for petitions, signatures, elections, and costs; boundaries aligned with voting precincts unless altered.
• Boards of Adjustment: four district boards appointed with terms, alternates, qualifications, and public meeting requirements; open meetings and public records.
• Appeals process: appeals from boards to Circuit Court; appeals from board decisions on plats to County Commission, then to Circuit Court.
• Conflicts and grandfathering: county plans must align with state health regulations; pre-existing subdivisions retain existing setbacks; no new setback rules can increase restrictions on already approved subdivisions; historic districts remain subject to subpart.
• Real estate professionals on Planning Commission: allowed up to 25% of commission composition; retroactive to January 1, 1976.
• Effective date: act becomes law on June 1, 2010.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Baldwin County