SB296 Alabama 2023 Session

Summary

Primary Sponsor

Linda Coleman-MadisonSenator

Democrat

Session

Regular Session 2023

Title

To amend Section 2 of Act 634 of the 1951 Regular Session (Acts 1951, p. 1089), as amended by Act 630 of the 1967 Regular Session (Acts 1967, p. 1435), relating to zoning regulations of the county commission in the unincorporated area of the county in all counties having a population of 400,000 or more according to the 1940 or any succeeding Federal census; and to further provide the remedies and penalties for violations.

Summary

SB296 strengthens zoning enforcement in unincorporated areas of Alabama’s large counties by increasing penalties and giving the county building office new enforcement powers.

What This Bill Does

The bill updates the remedies and penalties for violations of county zoning regulations in counties with 400,000 or more people. Violations become a Class B misdemeanor with a fine up to $100 and up to 10 days in jail, with each day of ongoing violation counted as a separate offense. Before criminal charges, the County Building Commissioner must issue a written notice to cease and desist. The Building Commissioner can seek injunctions or other actions to stop or remove unlawful structures or occupancy and can intervene in lawsuits, becoming an original party to the case. The act takes effect immediately after governor approval.

Who It Affects

• Property owners, developers, and businesses in the unincorporated areas of large counties who violate zoning rules, as they face increased penalties and required notices and potential legal actions.
• County Building Commissioners and county governments, who gain authority to file injunctions and other enforcement actions and to actively participate in related court cases.

Key Provisions

• Amends Section 2 to define remedies and penalties for zoning violations in counties with 400,000+ population.
• Violations of zoning regulations or amendments are unlawful and subject to a Class B misdemeanor with a fine up to $100, up to 10 days in jail, or both; each day of continued violation is a separate offense.
• Prior to criminal prosecution, the County Building Commissioner must issue written notice to cease and desist the violation.
• The Building Commissioner may seek injunctions, mandamus, abatement, or other appropriate action to stop or remove unlawful structures or occupancy.
• The Building Commissioner may intervene in, and be treated as an original party to, related court actions to enforce the act, including actions pending at adoption.
• The act becomes effective immediately upon passage and governor’s 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

Penalties increased for zoning ordinance violations.