HB329 Alabama 2025 Session

Summary

Primary Sponsor

Jerry StarnesRepresentative

Republican

Session

2025 Regular Session

Title

Military installations; local government, approval to construct nearby tall structures required, authorized to seek enjoinment of violative construction

Summary

HB329 would require local governments to approve tall structures near military installations and add detailed review and enforcement provisions, including the ability to seek injunctions.

What This Bill Does

If passed, the bill requires local governments within two miles of a military installation to grant prior approval before constructing tall structures and allows them to seek injunctions against violators. It adds specific notice and approval steps, including coordination with the FAA and military authorities to ensure no adverse impact on operations. For wind energy facilities, it imposes advance notice, documentation, and review requirements with DoD Siting Clearinghouse and FAA, and makes approval contingent on meeting certain determinations, mitigation, or no-hazard findings. The measure also establishes dispute resolution procedures involving the Governor and takes effect October 1, 2025.

Who It Affects

• Developers/owners who plan to build tall structures or wind energy facilities within two miles of a military installation, who must obtain local government approval and comply with FAA/DoD review requirements.
• Local governments (cities and counties) near military installations, who must provide notices, require approvals, enforce conditions, and may seek injunctive relief for unauthorized construction.

Key Provisions

• Local governments within two miles of a military installation must provide written notice to the installation's commanding officers of local impact issues and must follow approval requirements before tall structures or wind energy facilities near the installation may be approved.
• No construction may begin on a tall structure within two miles of a military installation without prior local government approval; approval may require FAA/DoD procedures and documentation (e.g., FAA No Hazard to Air Navigation, DoD Siting Clearinghouse determinations, or other approved resolutions).
• For tall structures, the local government may seek injunctive relief against anyone who begins construction without the required approval.
• Wind energy facilities must provide at least 270 days of prior notice and documentation (DoD Clearinghouse, state Military Department, DOT), a location map with tower details, and evidence of DoD Clearinghouse informal or formal review or FAA review before approval.
• Wind energy facility approvals may be conditioned on obtaining one of the required documents (No Hazard determination, mitigation agreement, or FAA No Hazard) and must follow the specified review processes.
• If a dispute arises between the local government and an applicant or military installation, the local government must notify the Governor or the Governor's designee to help resolve it.
• No local government may require additional formal written approval beyond the specified requirements to approve tall structures or wind energy facilities near military installations.
• The act becomes effective October 1, 2025.

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

Subjects

Military