HB335 Alabama 2023 Session

Summary

Primary Sponsor

Chip BrownRepresentative

Republican

Session

Regular Session 2023

Title

Relating to Mobile County; to amend Sections 45-49-181, 45-49-181.02, 45-49-181.03, 45-49-181.04, and 45-49-181.08, Code of Alabama 1975, to further provide for acceptance by the county of certain unimproved roads from private landowners; and to regulate the construction of certain other unimproved roads.

Summary

HB335 would let Mobile County accept certain privately owned unimproved roads into the county road system and set rules for building and upgrading such roads.

What This Bill Does

The county can only accept a number of miles each year equal to the miles of county-maintained dirt roads graded, drained, and prepared under any pay-as-you-go program in the previous year, and it cannot accept dirt or substandard roads built after January 1, 1984. Adjacent landowners can petition for their road to be accepted, but they must offer a 60-foot right-of-way at no cost to the county, provide drainage easements, and cover costs for driveway culverts, utility and fence relocations, and related improvements; they also agree to indemnify the county against roadway defects for up to five years after acceptance. The bill creates a detailed process led by a designated petition chair and coordinated by the county engineer, with steps from petition submission in January through final acceptance in December, including planning, right-of-way deeds, easements, and funding before the road is added to the county road maintenance system.

Who It Affects

• Adjacent private landowners who own land along proposed unimproved roads and may petition for their road to be accepted; they would need to provide a 60-foot right-of-way, drainage easements, utilities and fences relocation, fund culverts, and indemnify the county.
• Mobile County residents and the county government; roads that are accepted would join the county road maintenance system, but the number of miles added each year is capped and the process imposes specific requirements on planning, funding, and safety.

Key Provisions

• Annual cap on miles accepted equals the number of miles of county-maintained dirt roads graded, drained, bas ed, and paved under PAYGO in the preceding year; no acceptance of dirt or substandard roads built after January 1, 1984.
• Any land division of the petitioning road area into two or more lots must be done by recorded plat (Section 35-2-50).
• Petitions must include: a minimum 60-foot right-of-way at no cost to the county, required drainage easements, and evidence the road will be developed with safety and alignment standards set by the county engineer.
• Adjacent landowners must jointly and severally indemnify the county against roadway defects for up to five years after acceptance.
• Petitioners, at their expense, must fund driveway culvert pipes and pay for the relocation of utilities and any fences necessary for the road improvements.
• A designated chair represents the petitioners and coordinates with the county engineer, ensures all deeds and easements are executed, coordinates relocations, and collects funds for culverts to be paid to the county engineer.
• The county engineer prioritizes roads based on development density and the petitioned roads are scheduled for consideration through a monthly process from January to December.
• Driveway culvert pipes must meet applicable building code specifications, and culvert pipe purchases require county approval.
• Once all requirements are met, the road can be officially added to the county road maintenance system.
• The act becomes effective on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Mobile County; unimproved roads, acceptance by the county further provided.