HB226 Alabama 2024 Session

Updated Feb 23, 2026

Notable

Summary

Primary Sponsor: Cynthia Lee AlmondAlabama Public Service Commission
Republican
Session: Regular Session 2024
Title: Municipalities, zoning board of adjustment, appeals, procedures
Summary: HB226 creates a detailed, standardized process for appealing municipal zoning board of adjustment decisions to the circuit court, including filing deadlines, de novo review, and stay rules.
What This Bill Does
It requires a party aggrieved by a board's final decision to file a written notice of appeal with the board within 15 days, and then file the appeal in the circuit court within 30 days. The board must certify transcripts and minutes to the court, and the appeal is heard de novo (as a new trial). The board's decision stays in effect during the appeal unless the court grants a stay, which will be decided using specific criteria. The board must provide minutes and related documents within 45 days after being served with the appeal, and the act becomes effective July 1, 2024.

Who It Affects
Parties aggrieved by a municipal zoning board of adjustment decision, who gain a clearly defined timeline and a de novo review process in circuit court.
Municipal zoning boards of adjustment, which must provide transcripts, minutes, and documents to the court, respond to notices, and assess stays under the new criteria.

Key Provisions
Notice of appeal to the board within 15 days after the final decision, specifying the decision being appealed.
Appeal to the circuit court must be filed within 30 days after the board's final decision, with service of the appeal on the board at the city clerk's office.
The board must certify a transcript of the proceedings and provide documents to the circuit court within 45 days after being served with the appeal.
The circuit court conducts a de novo (fresh) review of the board's decision.
The board's decision remains in effect during the appeal unless the court issues a stay, and the stay is based on criteria including likelihood of success on the merits, irreparable injury, potential harm to others, and public interest.
Effective date of July 1, 2024.

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