HB162 Alabama 2011 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Steve McMillan
Republican
Session: Regular Session 2011
Title: Counties, planning commissions, subdivisions in extraterritorial jurisdiction of municipal planning commission, regulated under certain conditions, agreements with municipalities authorized, plats, approval by county engineer further provided for, Secs. 11-52-1, 11-52-30, 11-52-31, 11-52-32, 11-52-33 am'd.; Secs. 11-24-5, 11-52-36 repealed
Summary: HB162 changes who handles subdivision development in a municipality's extraterritorial jurisdiction and how plats are certified for recording, with optional intergovernmental agreements between counties and cities.
What This Bill Does
It allows the county to regulate subdivision development in the extraterritorial jurisdiction if the county has subdivision regulations, unless an agreement with the municipality assigns that responsibility to the municipal planning commission. The bill permits intergovernmental agreements among the county, municipal planning commission, and municipality to keep the municipal planning commission in charge of subdivision development in the ETJ. When the municipal planning commission is responsible, the county engineer must certify plats and maps for filing after the municipal planning commission approves them. It also clarifies maintenance rules and notes the repeal of some older provisions, with an effective date of October 1, 2011.

Who It Affects
County governments and county engineers: would regulate subdivision development in ETJ if county regulations exist, and would certify plats/maps for recording when the municipal planning commission handles the subdivision work.
Municipalities, municipal planning commissions, developers, and landowners in the ETJ: may have subdivision oversight assigned to them by intergovernmental agreement, requiring municipal approval of plats before county certification and potentially affecting road maintenance responsibilities.

Key Provisions
County commission becomes responsible for subdivision development in the ETJ if the county has adopted subdivision regulations, unless an intergovernmental agreement provides that the municipal planning commission will handle it.
Agreement among county, municipal planning commission, and municipality can designate the municipal planning commission to regulate and enforce subdivision development in the ETJ under the agreed terms.
If the municipal planning commission is responsible, the county engineer must certify plats and maps for filing after approval by the municipal planning commission.
If the county regulates subdivisions in the ETJ, county subdivision regulations apply to areas outside the municipality's corporate limits, with potential for an agreement to transfer regulation to the municipal planning commission; such agreement requires approvals by the county, the municipality, and its planning commission.
When the municipality accepts responsibility for subdivision roads, the county will not maintain those roads unless the county engineer certifies they meet county standards.
Recording of maps or plats in the ETJ follows Chapter 24 procedures; penalties for premature sale or transfer of platted land remain in effect as specified.
Sections 11-24-5 and 11-52-36 are repealed; the act becomes effective October 1, 2011.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Counties