SB405 Alabama 2016 Session

Summary

Primary Sponsor

Shay ShelnuttSenator

Republican

Session

Regular Session 2016

Title

Planning and zoning subdivisions, jurisdictional limits revised, municipality's authority to override county's enforcement of regulation of subdivisions, revised, Secs. 11-52-30, 11-52-33.1 am'd.

Summary

SB405 changes how Class 8 and Class 2 municipalities share planning power near each other, limits Class 8 regulatory authority within five miles of Class 2, preserves certain property-sale references, and sets rules for county–municipal subdivision regulation coordination.

What This Bill Does

It narrows the Class 8 municipality’s authority near a Class 2 municipality so it cannot regulate land beyond its own corporate limits, and within five miles its jurisdiction ends at the Class 8’s boundary. It also bans Class 8 planning commissions from regulating subdivision development within five miles of the Class 2 municipality’s limits. It preserves the right to sell property by reference to maps or plats approved by a Class 8 planning commission that were recorded but later excluded from Class 8 regulation. It outlines how counties and municipalities may coordinate or override subdivision regulation, including required resolutions, engineering oversight, bonds, and a possible six-month withdrawal period; if the county has no subdivision regulations, the municipal planning commission has sole jurisdiction.

Who It Affects

• Class 8 municipalities located within five miles of a Class 2 municipality: cannot regulate land beyond their corporate limits within that proximity and cannot regulate subdivisions near Class 2.
• Class 2 municipalities: interact with Class 8 boundaries; help determine where Class 8 authority applies and are protected by the prohibition on Class 8 subdivision regulation within five miles.
• Counties and county commissions: may regulate subdivisions outside municipal limits when counties have subdivision regulations, or municipalities may override county enforcement under specified conditions.
• Developers and property owners in affected areas: impacted by where subdivision regulations apply, and by map/plat recording and certification requirements.
• County engineers and municipal planning commissions: gain new duties, including certifying plats, supervising engineering oversight, and administering authority when municipalities assume subdivision control.

Key Provisions

• 11-52-30(a)-(c): A Class 8 municipality within five miles of a Class 2 planning jurisdiction shall have territorial jurisdiction that does not extend beyond its corporate limits; the Class 8 municipality’s jurisdiction within five miles shall terminate at its own corporate limits; no land within five miles of a Class 2 municipality may be within the Class 8 planning commission’s jurisdiction.
• 11-52-30(d)-(f): If counties have subdivision regulations, those regulations apply to subdivisions outside municipal limits unless an agreement shifts regulation to the municipal planning commission; if a county has no subdivision regulations, the municipal planning commission has sole jurisdiction.
• 11-52-30(g): When the municipal planning commission regulates subdivisions outside the municipality, maps or plats cannot be recorded or sold referencing the map/plat until approved by the municipal planning commission and certified by the county engineer.
• 11-52-30(c)(2) and 11-52-33.1: The county may override its enforcement of subdivision regulations under specified steps (resolutions by municipal and county bodies, engineer oversight, bonds, withdrawal option); after withdrawal, municipal authority cannot be reinstated for 24 months.
• 11-52-33.1(a)-(c): A Class 8 municipality shall not regulate subdivisions within five miles of a Class 2 municipality; pre-existing applications filed before Oct 1, 2012 remain unaffected; if the municipal planning commission assumes control, it shall not apply to subdivisions already regulated by the county.
• Section 2: Effective date specified as the first day of the third month after passage and governor approval.

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

Subjects

Planning and Zoning