SB169 Alabama 2011 Session

Summary

Primary Sponsor

Arthur OrrSenator

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engineer further provided for, Secs. 11-52-1, 11-52-30, 11-52-31, 11-52-32, 11-52-33 am'd.; Secs. 11-24-5, 11-52-36 repealed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

SB169 changes who regulates subdivisions in a municipality's extraterritorial area and updates plat certification rules.

What This Bill Does

The county would take responsibility for development of subdivisions in a municipality's extraterritorial jurisdiction if the county has subdivision regulations, unless there is a written intergovernmental agreement that keeps the municipal planning commission in charge. If the municipal planning commission is responsible, plats and maps must be approved by the municipal planning commission first, and then the county engineer would certify them for filing after that approval. The bill allows a three-way intergovernmental agreement among the county, the municipal planning commission, and the municipality to designate the municipal planning commission as responsible for ETJ subdivision development. It also repeals two existing sections and clarifies enforcement, with county regulations applying where adopted and penalties governed by Chapter 24 when the county regulates.

Who It Affects

• Counties and county engineers: could become the lead authority for ETJ subdivision development and will certify plats after municipal approval when applicable.
• Municipalities and municipal planning commissions (and developers in ETJ): may keep ETJ control only if a three-way agreement is approved; otherwise the county would regulate ETJ subdivisions, with plat approval processes coordinated between municipal commissions and the county engineer.

Key Provisions

• Shifts ETJ subdivision development authority to the county if the county has adopted subdivision regulations, unless a written three-way agreement with the municipality preserves municipal planning commission responsibility.
• Allows a written intergovernmental agreement among the county, municipal planning commission, and municipality to designate the municipal planning commission as responsible for ETJ subdivision development, with approval by all parties.
• When the municipal planning commission is responsible, plats and maps must be approved by the municipal planning commission before filing, and the county engineer must certify the plat for filing after municipal approval.
• If the county is regulating, county subdivision regulations apply in the ETJ and penalties follow Chapter 24; if the municipality regulates, penalties and enforcement remain under municipal rules, including penalties for selling land before plat approval.
• Plat review timelines: the municipal planning commission must act on a plat within 30 days; otherwise the plat is deemed approved.
• Repeal of Sections 11-24-5 and 11-52-36 and related changes to how ETJ subdivision regulation and enforcement are handled.

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

Subjects

Counties