SB80 Alabama 2021 Session

Summary

Primary Sponsor

Tom ButlerSenator

Republican

Session

Regular Session 2021

Title

Military installations, land use planning, counties and municipalities to give notice re tall structures and wind energy facilities, Sec. 11-106-6 added; Secs. 11-106-3, 11-106-4 am'd.

Summary

SB80 strengthens military protection in land-use planning by requiring FAA/DoD reviews and notice before tall structures and wind-energy facilities can be approved, regardless of distance from a military installation.

What This Bill Does

The bill adds a new requirement that tall structures and wind-energy facilities be reviewed for potential adverse impacts on military operations. It requires local governments to obtain FAA determinations or equivalent DoD coordination before approving such projects. It also imposes a 270-day pre-construction notice and documentation requirement for wind-energy facilities, including notices to the DoD Siting Clearinghouse and related agencies, and sets conditions under which approvals may proceed or be conditioned. If disputes arise, the bill allows the Governor to help resolve them, and it prevents local governments from demanding other military approvals beyond these new requirements.

Who It Affects

• Local governments (counties and municipalities) - must conduct required reviews, accept specified documentation, provide notices to military installations, and follow the new approval conditions for tall structures and wind-energy facilities.
• Developers/owners of tall structures and wind-energy facilities - must file FAA applications or coordinate with the DoD Clearinghouse, provide required notices and maps, undergo reviews, and meet specified documentation or mitigation conditions before approval.

Key Provisions

• Adds Section 11-106-6 requiring that construction or operation of tall structures or wind-energy facilities shall not adversely impact military operations; local governments must require FAA filings and provide one of: (1) FAA Determination of No Hazard to Air Navigation; (2) a coordinated determination addressing any military-adversity; or (3) compliance with the alternative if already met.
• For wind-energy facilities, requires at least 270 days prior notice including: transmission of notice to DoD Siting Clearinghouse, state Military Department, and state DOT; a map showing location, hub height, and rotor diameter; and initiation of informal or formal reviews with the DoD Clearinghouse or other relevant agencies.
• Prohibits local approval of a wind-energy facility until documentation of no risk, a mitigation agreement, or an FAA No Hazard determination is obtained; allows approval conditioned on meeting these documentation requirements.
• Establishes dispute resolution procedures by requiring the local government to notify the Governor or designee to help resolve conflicts between applicants, developers, or military installations.
• Expands definitions to include tall structures (over 200 feet, with specified exclusions), wind-energy facilities, and clarifies terms like military installation, local government, and local impact issue, applying these rules regardless of a tall structure's distance from a military installation.

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Military