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HB490 Alabama 2023 Session

Updated Feb 22, 2026

Summary

Session
Regular Session 2023
Title
Relating to any Class 1 municipality; to prohibit the construction or commencement of operation of a new crematory within one-half mile of any residence or residential area within the municipality; and to provide for enforcement.
Summary

HB490 would ban any new crematory within half a mile of residences in Class 1 municipalities in Alabama.

What This Bill Does

The bill applies only to Class 1 municipalities. It would prohibit construction or starting operation of any new crematory within 0.5 miles of a residence or residential area within the municipality. It defines crematory as a building or part of a building that houses a cremation chamber used to turn human remains into bone fragments. Enforcement can be carried out by the municipality or an affected resident in the circuit court, and the act would take effect immediately after passage and governor approval (or when it becomes law by other means).

Who It Affects
  • Residents living near proposed or future crematories in Class 1 municipalities, who would be protected from having a crematory within 0.5 miles of their homes.
  • Crematory operators or developers planning to build a new crematory in Class 1 municipalities, who would be barred from constructing or starting operation within 0.5 miles of residences and could face enforcement actions.
Key Provisions
  • Prohibits construction or commencement of operation of a new crematory within one-half mile of any residence or residential area within a Class 1 municipality.
  • Defines 'crematory' as a building or part of a building that houses a cremation chamber used to reduce human remains to bone fragments.
  • Allows enforcement by the municipality or an affected resident in the circuit court where the municipality is principally located.
  • Effective immediately following its passage and governor's approval (or otherwise becoming law).
AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects
Class 1 municipality (Birmingham), crematories, new crematories prohibited near residential area, civil enforcement

Bill Actions

H

Introduced and Referred to House Jefferson County Legislation

H

Read First Time in House of Origin

Bill Text

Documents

Source: Alabama Legislature