HB771 Alabama 2010 Session

Summary

Primary Sponsor

Randy Davis

Republican

Co-Sponsors

Harry ShiverAlan BakerSteve McMillan

Session

Regular Session 2010

Title

Baldwin Co., planning commission and county commission, setbacks for wetlands in subdivisions, setbacks not authorized to be changed after subdivision approved, Sec. 45-2-261.17 am'd.

Summary

The bill protects existing Baldwin County subdivisions from new or stricter wetland and other setbacks after approval.

What This Bill Does

If passed, after a subdivision is approved under current subdivision rules, county officials cannot add new or higher front, side, rear, or wetland setback requirements for lots in that subdivision. It also means subdivisions and lots approved under rules in effect at the time of approval won’t have to meet later, more restrictive setbacks, and such lots won’t be treated as nonconforming. Historic or preservation districts in Baldwin County remain under this subpart, and the Planning Commission’s authority to regulate subdivisions under state law remains intact.

Who It Affects

• Homeowners and developers with subdivisions already approved in Baldwin County; their lots would not have to meet newer setback requirements and would not be forced to become nonconforming.
• Baldwin County Planning Commission and Baldwin County Commission (and county staff); their authority to impose new or more restrictive setbacks on already approved subdivisions is limited.

Key Provisions

• After subdivision approval, the County Commission and Planning Commission may not impose new or increased front, side, rear, or wetlands setback requirements on any lot within that subdivision.
• Subdivisions and lots approved before the date zoning regulations apply or are amended are not subject to later, more restrictive setback requirements and are not deemed nonconforming; they may be used and improved under the original regulations.
• The Planning Commission retains authority to regulate subdivisions under state law (Act 1094 of 1973) and the county’s powers are not to conflict with Alabama Department of Health rules.
• Historic or preservation districts exist under this subpart as well, and are governed by this act.
• The act becomes effective immediately after passage and approval by the Governor.

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