House Bill 349 Alabama 2026 Session

Summary

Primary Sponsor

Craig LipscombRepresentative

Republican

Session

2026 Regular Session

Title

Etowah County local constitutional amendment; Whorton Bend Agricultural Protection Act created; boundaries defined; certain activities permitted or prohibited within protected area; exemptions

Summary

HB349 would amend Alabama's constitution to create the Whorton Bend Agricultural Protection Act, define the Whorton Bend Community boundaries in Etowah County, and limit development to protect farming, wetlands, and the Coosa River shoreline.

What This Bill Does

It defines a specific Whorton Bend Community area in Etowah County and sets protection rules intended to preserve agricultural use and the environment. It generally bars new commercial or industrial development and restricts high-density housing; it also imposes a minimum lot size for new single-family homes and provides exemptions for preexisting structures and farm-related activities. The act designates ongoing regulatory oversight for wetlands and shoreline protection, and requires boundaries to remain fixed without local political boundary changes. It empowers enforcement by local authorities and preserves the rights of farmers and related operations within the area.

Who It Affects

• Property owners and residents within the Whorton Bend Community area who would face restrictions on new development, changes in land use, and higher protections for farmland, wetlands, and shoreline.
• Developers, land-use authorities (Etowah County and the City of Gadsden), and nearby governments who would be limited in approving new commercial/industrial projects or high-density housing and must comply with fixed boundaries and environmental protections.

Key Provisions

• Defines the Whorton Bend Community as the Whorton Bend Peninsula and surrounding shoreline with specific boundaries described by roads and river meander; final metes-and-bounds to be defined by the county's mapping authority and filed with the Revenue Commissioner.
• Prohibits new commercial or industrial development within the protected area after ratification, with exemptions for preexisting structures and for commercial activities that support agricultural or forestry operations.
• Prohibits rezonings, subdivisions, or land-use actions that substantially interfere with or diminish agricultural operations, water-dependent farming uses, farm-related structures, or agricultural commerce.
• No inland development that would fill, alter, channelize, or degrade wetlands, riparian buffers, natural floodways, or marshlands within the area; shoreline development remains subject to existing requirements at ratification.
• Maintains ongoing jurisdiction over regulated waters and wetlands by the Alabama Department of Environmental Management and the U.S. Army Corps of Engineers.
• No new multifamily or high-density residential developments; newly constructed single-family homes must be on lots of at least one acre (with exceptions for lots lawfully platted before ratification); definitions provided for garden/patio/home and multifamily housing.
• Existing residential structures may be maintained or rebuilt after casualty; ongoing agricultural and forestry rights are preserved; boundary changes by county or city are restricted.

AI-generated summary using openai/gpt-5-nano on Feb 12, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Etowah County