SB91 Alabama 2025 Session

Summary

Primary Sponsor

Keith KelleySenator

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

SB91 requires local governments to approve tall structures near military installations and gives enforcement tools to protect military operations, with coordinated review by the DoD and FAA.

What This Bill Does

Tall structures over 200 feet within two miles of a military installation must obtain local government approval before construction. Approval depends on filing an FAA application and obtaining either an FAA Determination of No Hazard or a DoD coordination/mitigation determination. If construction starts without approval, the local government can seek an injunction to stop it. For wind energy facilities, there are additional pre-construction documentation and review steps with the DoD Clearinghouse, state agencies, and FAA, including a 270‑day notice requirement and risk determinations before approval can be granted.

Who It Affects

• Developers or owners planning to build tall structures (over 200 feet) near military installations; they must secure local government approval and coordinate with the FAA and DoD, or face possible injunctions.
• Local governments and military authorities (DoD, FAA, state military department); they must process approvals, provide notices, coordinate with federal and state agencies, and have the power to seek injunctions to enforce compliance.

Key Provisions

• Tall structure is defined as a building or unit over 200 feet tall from foundation to top; minor vertical projections are limited and wind energy facilities are excluded from being tall structures.
• Any tall structure within two miles of a military installation requires local government approval before construction, with approval contingent on FAA and DoD coordination and a determination that there will be no adverse impact on military operations.
• Local government can seek injunctive relief against construction that begins without the required prior approval.
• Local governments must notify the military installation’s commanders of local impact issues within two miles and must follow DoD/FAA coordination procedures before approving tall structures.
• Wind energy facilities have added requirements: at least 270 days before construction, documentation of DoD Clearinghouse coordination, and FAA/Transportation reviews; approval cannot be granted until the necessary documentation or risk determinations are received.
• Disputes between local government, applicants, or military installations over approval must involve the Governor to help resolve the issue.
• Local governments may not require any other formal written approvals beyond those specified in this act.
• Effective date: 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