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HB140 • 2026

County subdivisions; developer transfers to immediate family members, subdivision regulation exceptions limited to 24 months

County subdivisions; developer transfers to immediate family members, subdivision regulation exceptions limited to 24 months

Land
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Sells
Last action
2026-02-12
Official status
Enacted
Effective date
2026-10-01

Plain English Breakdown

The official text does not define 'immediate family member', leaving that definition to existing law or interpretation.

Limits on Family Land Transfer Exemptions for Subdivisions

This law limits the time a land transfer to an immediate family member is exempt from subdivision rules if that land is sold or transferred again within 24 months.

What This Bill Does

  • Amends Section 11-24-2 of the Code of Alabama regarding county subdivisions.
  • Removes the exemption from subdivision regulations if land transferred to an immediate family member is later sold, deeded, or transferred to a non-family member within 24 months.
  • Requires that such subsequent transfers follow applicable county subdivision rules.

Who It Names or Affects

  • Landowners who transfer property to immediate family members
  • Buyers purchasing land from an immediate family member within 24 months of the initial transfer

Limits and Unknowns

  • The law does not define who counts as an 'immediate family member' in this text.
  • It only applies to counties where local laws do not already require division of land by recorded plat.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

7BY7622-1

County and Municipal Government

Reported Out Committee House of Origin-- Committee Amendment

Plain English: This amendment clarifies that if a developer sells or transfers exempted land to anyone who is not an immediate family member within 24 months, the land must follow all county subdivision rules.

  • If land transferred under an exemption is sold to someone other than an immediate family member within 24 months, it loses its special status.
  • The provided text only shows a small section of the bill and does not define what counts as an 'exempted transfer' or list all specific county regulations that would apply.
  • It is unclear from this snippet whether there are any penalties for breaking these rules beyond having to follow subdivision regulations.
2JVTPKS-1

R 62

Adopted

Plain English: This amendment limits the time a land transfer to an immediate family member can avoid subdivision rules to just 24 months before normal regulations apply.

  • Land transfers between owners and their immediate family members are exempt from county subdivision approval requirements only for 24 months after the transfer.
  • If the land is sold or transferred to anyone who is not an immediate family member within those 24 months, all standard subdivision rules will apply immediately.
  • The text does not define exactly which relatives count as 'immediate family members' for this exemption.
  • Some parts of the provided amendment text contain typos and repeated words that make certain sentences difficult to read, though the main rule change is clear.
QNWQ914-1

R 63

Adopted

Plain English: This amendment attempts to set a rule that using land after it is transferred between family members will be subject to regulations if more than 24 months have passed.

  • The text tries to replace line 96 on page 4 of the bill with new wording about a 24-month time limit.
  • The official amendment text provided is incomplete and cuts off mid-sentence, so it does not clearly state what happens after the 24 months or how the rule applies.
  • Because the sentence ends abruptly with 'subject the use of', the full meaning of this change cannot be explained.
XD5D1Z7-1

R 212 • Sessions

Adopted

Plain English: This amendment limits a special rule for family land transfers to only apply in counties that do not already require recorded maps for dividing land.

  • The exemption from subdivision rules is now limited to areas where local laws do not force developers to use recorded plats (maps) when splitting land.
  • The provided text contains formatting errors and incomplete sentences, so the full legal effect on specific counties cannot be fully explained without seeing the complete bill.
  • It is unclear exactly how long the exemption lasts because the phrase 'to 24 months' appears in a sentence fragment that was cut off.

Bill History

  1. 2026-02-12 Senate

    Enacted

  2. 2026-02-05 Senate

    Signature Requested

  3. 2026-02-05 Senate

    Delivered to Governor

  4. 2026-02-03 House

    Sells Concur In and Adopt - Adopted Roll Call 272 (Yeas 103, Nays 0)

  5. 2026-02-03 Senate

    Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 213 (Yeas 33, Nays 0)

  6. 2026-02-03 Senate

    Sessions motion to Adopt - Adopted Roll Call 212 (Yeas 33, Nays 0)

  7. 2026-02-03 Senate

    Third Reading in Second House (Yeas 33, Nays 0)

  8. 2026-02-03 Senate

    Enrolled

  9. 2026-02-03 House

    Ready to Enroll

  10. 2026-02-03 Senate

    Sessions 1st Amendment Offered

  11. 2026-01-29 Senate

    Read for the Second Time and placed on the Calendar

  12. 2026-01-28 Senate

    Reported Out of Committee Second House

  13. 2026-01-20 House

    Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 64 (Yeas 101, Nays 0)

  14. 2026-01-20 House

    Motion to Adopt - Adopted Roll Call 63 (Yeas 102, Nays 0)

  15. 2026-01-20 House

    Motion to Adopt - Adopted Roll Call 62 (Yeas 99, Nays 0)

  16. 2026-01-20 House

    Third Reading in House of Origin (Yeas 98, Nays 0)

  17. 2026-01-20 Senate

    Pending Committee Action in Second House

  18. 2026-01-20 Senate

    Read for the first time and referred to the Senate Committee on County and Municipal Government

  19. 2026-01-20 House

    Stubbs 1st Amendment Offered

  20. 2026-01-20 House

    County and Municipal Government Engrossed Substitute Offered

  21. 2026-01-14 House

    Read for the Second Time and placed on the Calendar

  22. 2026-01-14 House

    Reported Out of Committee House of Origin

  23. 2026-01-14 House

    Reported Out Committee House of Origin-- Committee Amendment

  24. 2026-01-13 House

    Pending Committee Action in House of Origin

  25. 2026-01-13 House

    Read for the first time and referred to the House Committee on County and Municipal Government

Official Summary Text

This act amends Section 11-24-2, Code of Alabama 1975, to provide that the exemption of transfers of land to immediate family members from certain subdivision regulations does not apply if the land is transferred to a non-immediate family member within 24 months of the initial immediate family transfer, except in counties where local law requires division of land by recorded plat.

Current Bill Text

Read the full stored bill text
HB140 ENROLLED
Page 0
HB140
2JVTPKS-3
By Representative Sells
RFD: County and Municipal Government
First Read: 13-Jan-26
PFD: 09-Jan-26
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HB140 Enrolled
Page 1
PFD: 09-Jan-26
Enrolled, An Act,
Relating to county subdivision regulations; to amend
Section 11-24-2, Code of Alabama 1975; to limit the period
during which a transfer of land to an immediate family member
is exempt from subdivision regulations to 24 months; to exempt
counties where local law requires division of land by recorded
plat; and to make nonsubstantive, technical revisions to
update the existing code language to current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 11-24-2, Code of Alabama 1975, is
amended to read as follows:
"§11-24-2
(a) It shall be the duty of the owner and developer of
each subdivision to have complete all construction completed
in conformity with this chapter and, prior to beginning any
construction or development, to submit the proposed plat to
the county commission for approval and to obtain a permit to
develop as required in this section. The permit to develop
shall be obtained before the actual sale, offering for sale,
transfer, or lease of any lots from the subdivision or
addition to the public , it and must include a plan to deliver
utilities including water ., and The permit to develop shall
only be issued upon approval of the proposed plat by the
county commission. As a condition for the issuance of a
permit, the county commission may require any of the following
for approval of the proposed plat:
(1) The filing and posting of a reasonable surety bond
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HB140 Enrolled
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(1) The filing and posting of a reasonable surety bond
with the county commission by the developers of the proposed
subdivisions or proposed additions to guarantee that the
actual construction and installation are in accordance comply
with approved plans for public streets, public roads, drainage
structures, and public utilities.
(2) The names and addresses of each adjoining landowner
and utility subject to the notice , as provided in subsection
(b).
(3) A permit fee , which that shall not exceed
twenty-five dollars ($25).
(b) No proposed plat shall be approved or disapproved
by the county commission without first being reviewed by the
county engineer or his or her designee. Following the review,
the county engineer or his or her designee shall certify to
the commission whether the proposed plat meets the county's
regulations. If the proposed plat meets the regulations, it
shall be approved by the commission. Should the proposed plat
be determined by the county engineer to be deficient in any
regard, the county engineer shall detail the deficiency to the
county commission along with a recommendation that it be
disapproved. Notice of the recommendation of the engineer
engineer's recommendation shall be sent to the owner or
developer whose name and address appears appear on the
submitted proposed plat by registered or certified mail at
least 10 days before the recommendation shall be is presented
to the county commission for action. A similar notice shall be
mailed to the owners of land immediately adjoining the platted
land as their names appear upon on the plats in the office of
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HB140 Enrolled
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land as their names appear upon on the plats in the office of
the county tax assessor and as their addresses appear in the
directory of the county or on the tax records of the county
and to each utility affected thereby . Each utility notified in
writing by the commission shall be given at least 10 days to
review the proposed plat and submit a written report to the
commission as to whether all provisions affecting the service
to be provided by the utility are reasonable and adequate. If
any utility affected by the proposed plat is not properly
notified , then the approval or disapproval by the county
commission shall not be valid until the affected utility has
been given at least 10 days' notice prior to such approval or
disapproval , as provided by this subsection.
(c) In addition to the foregoing, once the owner or
developer of all proposed subdivisions or proposed additions
to existing subdivisions of land situated outside the
corporate limits of any municipality in the county has met all
requirements of the county's regulations, he or she shall
submit the final plat of the developed subdivision or addition
to the existing subdivision to the county engineer for
signature verifying that the subdivision or addition to
existing subdivision meets the county's regulations. After the
final plat has been signed by the county engineer, it the plat
shall be filed for record or received for filing in the office
of the judge of probate. Subject to the penalties set out in
Section 11-24-3, it shall be a violation of this chapter for
the developer to file or to have filed any plat, deed,
property description, or document of property transfer without
full compliance with this section.
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HB140 Enrolled
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full compliance with this section.
(d) Notwithstanding the provisions of subsections (a),
(b), and (c), this section shall not apply to the sale, deed,
or transfer of land by the owner to an immediate family
member ;, except that, in the event that however, except in
counties where local law requires the division of land to be
made by recorded plat, any transaction resulting in the direct
sale, deed, or transfer of land to anyone other than an
immediate family member within 24 months of an exempted
interfamily transfer shall subject the use of such land to any
applicable provisions of the county subdivision regulations
including subsections (a) through (c). If there is any sale,
deed, or transfer of land by the owner or an immediate family
member to someone other than an immediate family member, this
chapter shall then apply to any subdivision of property as
defined in subdivision (4) of subsection (a) of Section
11-24-1."
Section 2. This act shall become effective on October
1, 2026.
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HB140 Enrolled
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1, 2026.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 20-Jan-26, as amended.
John Treadwell
Clerk
Senate 03-Feb-26 Amended and Passed
House 03-Feb-26 Concurred in Senate
Amendment
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