HB398 Alabama 2018 Session

Updated Feb 26, 2026

Notable

Summary

Primary Sponsor: Bill Poole
Republican
Session: Regular Session 2018
Title: Zoning, boards of zoning adjustment, appeals of final decision, aggrieved party can file in circuit court, notice, board required to send transcript to court; Sec. 11-52-81 am'd.
Summary: HB 398 changes where and how appeals of zoning board decisions are filed, and tightens the timing for notices and transcripts.
What This Bill Does
An aggrieved party can file an appeal directly with the circuit court in the county where the board sits, instead of starting with the board first. The circuit court must be notified when an appeal is filed, and the board must send a transcript of the proceedings to the court within 30 days of filing. The appeal in circuit court is a de novo (fresh) trial of the board's decision.

Who It Affects
Aggrieved residents, business owners, or other parties who want to challenge a board of zoning adjustment decision; they gain a direct route to circuit court and must follow new notice and transcript requirements.
Boards of zoning adjustment and the circuit courts in Alabama; boards must be notified of filings and must transmit the transcript within 30 days, and circuit courts will conduct de novo reviews.

Key Provisions
Creates a direct appeal process to the circuit court in the county where the board convenes for aggrieved parties.
Requires the court to notify the board when an appeal is filed.
Requires the board to certify and transmit a transcript of the proceedings to the circuit court within 30 days of the filing of the appeal.
Preserves de novo review in circuit court of the board's decision.
Effective date: becomes law on the first day of the third month after governor's 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