Land Use Regulation

Opinion # 2001-045
Discussion of the notice requirements to adjoining landowners regarding approval of subdivision plats. Note: This opinion involves the approval of plats by a municipal planning commission, however, the outcome would most likely be the same under the law regarding approval of plats by a county commission.

Opinion # 2001-271
Discussion of county's authority to adopt airport zoning regulations under certain circumstances.

Opinion #2002-134
Discussion of state, county, and municipal laws and rules and regulations regarding placement of political signs on public right of way.

Opinion # 2003-126
Discussion providing that the municipal governing body sets the jurisdictional limits of the municipal planning commission and that the jurisdiction of a city planning commission may be reduced from the five-mile radius set by statue to an area to coincide with the boundaries of the police jurisdiction.

Opinion # 2003-140
Discussion providing that the giving of a mortgage on only a portion of a person's overall parcel of property, coupled with the possibility that such mortgage could be foreclosed, does not constitute a subdivision in accordance with applicable Alabama law because the requisite intent to "develop" is not present.

Opinion # 2005-077
Discussion providing that the approval of a subdivision plat by the county engineer evidences that the plat meets the county’s regulations for the development of a subdivision, and that the plat is due to be approved by the county commission.

Opinion # 2005-111
Discussion providing that the county commission may exercise jurisdiction over subdivisions only in areas in which the municipal government has agreed with the county to reduce the extraterritorial jurisdiction of the municipal planning commission.

Opinion # 2005-170
Discussion providing that the county commission and the county board of health can enact regulations relating to inside plumbing for unincorporated areas of the county, but that the regulations of the health department control in case of any conflict.


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