HB74 Alabama 2012 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Steve McMillan
Republican
Session: Regular Session 2012
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engineer further provided for, Secs. 11-52-1, 11-52-30, 11-52-31, 11-52-32, 11-52-33 am'd.; Secs. 11-24-5, 11-52-36 repealed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: HB74 would shift authority over subdivisions in a municipality's extraterritorial area between the county and the municipality, depending on whether the county has subdivision regulations, and would change plat certification accordingly.
What This Bill Does
Allows the county commission to regulate and enforce subdivisions within the extraterritorial jurisdiction if the county has adopted subdivision regulations, unless an agreement with the municipality and its planning commission or a vote by the municipality to override is in place. When the municipal planning commission is responsible for subdivision development, the county engineer would certify the plats and maps after MPC approval, and the bill repeals two existing sections. The act becomes effective October 1, 2012.

Who It Affects
County governments (county commissions and county engineers) would gain or share regulatory authority over subdivisions in ETJ depending on whether the county has adopted subdivision regulations and on any agreements or overrides.
Municipalities, their planning commissions, and developers in the extraterritorial areas would see changes in who regulates subdivisions, with potential override mechanisms and mandatory MPC approval before plat certification, as well as the repeal of certain sections.

Key Provisions
Transfers ETJ subdivision regulation authority to the county commission if the county has adopted subdivision regulations, unless an agreement with the municipal planning commission and municipality or an override vote by the municipality and planning commission directs otherwise.
When the municipal planning commission is responsible, the county engineer shall certify plats and maps after MPC approval; the act repeals Sections 11-24-5 and 11-52-36 and establishes an effective date.

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