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HB349 INTRODUCED
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HB349
JPXJZFF-1
By Representative Lipscomb (Constitutional Amendment)
RFD: Local Legislation
First Read: 29-Jan-26
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JPXJZFF-1 01/28/2026 KMS (L)cr 2025-3355
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First Read: 29-Jan-26
SYNOPSIS:
This bill would propose an amendment to the
Constitution of Alabama of 2022, relating to Etowah
County, to create the Whorton Bend Agricultural
Protection Act.
This bill would propose to define the boundaries
of the protected Whorton Bend Community area, to
specify the permitted and prohibited activities within
the protected area, and to provide exemptions.
A BILL
TO BE ENTITLED
AN ACT
To propose an amendment to the Constitution of Alabama
of 2022, relating to Etowah County, to create the Whorton Bend
Agricultural Protection Act; to define the boundaries of the
protected Whorton Bend Community area; to specify the
activities which are permitted and prohibited within the
protected area; and to provide exemptions.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The following amendment to the Constitution
of Alabama of 2022, is proposed:
(a) This section shall be known and may be cited as the
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(a) This section shall be known and may be cited as the
Whorton Bend Agricultural Protection Act.
(b) The Legislature finds that the area commonly known
as the Whorton Bend Community is a peninsula that possesses
unique agricultural, environmental, and rural residential
characteristics; contains sensitive wetlands, riparian
buffers, and flood-prone lands along the Coosa River; and is
experiencing development pressures that threaten long-standing
land uses. The Legislature further finds and declares that it
is in the public interest to preserve the Whorton Bend
Community's agricultural viability, environmental stability,
and community character through the establishment of
development protections tailored specifically to the
community.
(c)(1) This section applies only to the territory
located within the Whorton Bend Community in Etowah County.
The territory includes both incorporated and unincorporated
areas of the community, including those portions of the
community that lie within Etowah County and the City of
Gadsden.
(2) Neither the Etowah County Commission nor the
governing body of the City of Gadsden may alter the boundaries
of the Whorton Bend Community as established and protected by
this section.
(3) Any future annexation, incorporation, or municipal
action affecting the community is subject to this section.
(d)(1) For the purposes of this section, the boundaries
of the Whorton Bend Community include the Whorton Bend
Peninsula and all land lying within the peninsula as follows:
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Peninsula and all land lying within the peninsula as follows:
a. Beginning at the intersection of State Highway 77
and Whorton Bend Road, thence traveling easterly along Whorton
Bend Road to its intersection with Garmin Road. Thence
following Garmin Road generally north and east to its
intersection with Oakland Drive. Thence following Oakland
Drive northerly to its intersection with Whorton Bend Road.
Thence continuing northerly along Whorton Bend Road to the
point at which Whorton Bend Road reaches or adjoins the Coosa
River.
b. From the point at which Whorton Bend Road reaches or
adjoins the Coosa River, the boundary shall follow the meander
of the Coosa River shoreline, continuing around the perimeter
of the Whorton Bend Peninsula until returning to the point
opposite the intersection of State Highway 77 and Whorton Bend
Road, encompassing all shoreline frontage.
c. All lands lying to the left of the roadway path
described in paragraph a., and lying landward of the Coosa
River shoreline, are included within the boundaries, provided
that only those lands that are contiguous to the named roads
or to the shoreline and are customarily understood to be part
of the Whorton Bend Peninsula are included.
(2) The Etowah County mapping authority shall define
the final metes-and-bounds description without altering the
territorial extent described in this subsection. A copy of the
final description shall be filed with the Etowah County
Revenue Commissioner.
(e)(1) The Whorton Bend Community area protected by
this section is designated for the continued support and
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this section is designated for the continued support and
preservation of agricultural, horticultural, silvicultural,
and related rural uses.
(2) Commending on the ratification date of this
section, no governmental entity may approve, authorize, or
permit any rezoning, subdivision, or land-use action that has
the potential of substantially interfering with or
diminishing:
a. Agricultural operations;
b. Water-dependent farming uses;
c. Farm-related accessory structures; or
d. Agricultural commercial activities integral to farm
operations.
(3) Commercial structures and operations directly
related to farming or agriculture are expressly permitted
including, but not limited to, farm supply, feed and seed,
produce stands, farm equipment storage, and agricultural
processing or distribution operations available to local
farms.
(f)(1) No inland development activity may be approved
that results in the filling, altering, channelizing, or
degrading of wetlands, riparian buffers, natural floodways, or
marshlands within the protected Whorton Bend Community area.
Shoreline development is subject to all requirements existing
on the ratification date of this section.
(2) Any person who proposes development within the
protected Whorton Bend Community area shall demonstrate that
the proposed development will not adversely affect the Coosa
River shoreline, tributary wetlands, or hydrologic systems
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River shoreline, tributary wetlands, or hydrologic systems
within the community.
(3) The Alabama Department of Environmental Management
and the U.S. Army Corps of Engineers shall retain jurisdiction
over all regulated waters and wetlands within the protected
Whorton Bend Community area.
(g)(1) Except as otherwise provided in this section,
commencing on the ratification date of this section, no new
commercial or industrial development may be permitted within
the protected Whorton Bend Community area.
(2) All of the following are exempt from this section:
a. Preexisting commercial structures located within or
on the immediate perimeter of the protected Whorton Bend
Community area may continue to operate and may maintain,
repair, renovate, or construct new structures within or on
those preexisting structures or the property upon which the
structures are located.
b. Commercial structures supporting agricultural or
forestry operations.
(h)(1) Residential structures and dwellings located
within the boundaries of the protected Whorton Bend Community
area on the ratification date of this section, may continue to
be used, maintained, or rebuilt in the event of casualty. The
construction of residential structures and dwellings after the
ratification date of this section, shall be subject to all
applicable zoning and subdivision standards and the
agricultural and environmental protections provided by this
section.
(2) This subsection shall have no effect on a valid
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(2) This subsection shall have no effect on a valid
contract for the construction of a residential structure or
dwelling within the boundaries of the Whorton Bend Community
area executed before the ratification date of this section.
(3)a. Any other provision of law to the contrary
notwithstanding, commencing on the ratification date of this
section, no governmental entity may approve, authorize, or
permit the construction or establishment of either of the
following in the Whorton Bend Community:
1. Multifamily residential structures including, but
not limited to apartments, condominiums, townhouses, duplexes,
triplexes, quadplexes, or any other residential structure
designed or intended to contain more than one dwelling unit on
a single lot or parcel, regardless of ownership form.
2. High-density single-family residential developments,
including garden homes, patio homes, zero-lot-line homes,
cluster developments, or any other residential structure or
subdivision characterized by reduced lot sizes, attached
units, shared walls, or common open space, that is
inconsistent with the rural, agricultural, and low-density
character of the Whorton Bend Community.
b. For the purposes of this section, the density,
configuration, and physical characteristics of a residential
development shall control, regardless of the terminology used
to describe the development.
(4) Any newly constructed single-family residential
dwelling permitted after the ratification date of this
section, shall be located on a lot of not less than one acre,
exclusive of public rights-of-way and flood-prone lands,
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exclusive of public rights-of-way and flood-prone lands,
except where such lots were lawfully platted and recorded as
part of an existing, documented subdivision before the
ratification date of this section.
(5) For the purposes of this subsection, the following
terms have the following meanings:
a. GARDEN HOME or PATIO HOME or CLUSTER DEVELOPMENT.
Any residential development characterized by reduced lot
sizes, zero-lot-line construction, shared walls, common open
space, or other design features intended to increase
residential density beyond that of conventional single-family
detached housing.
b. MULTIFAMILY RESIDENTIAL STRUCTURE. Any building or
group of buildings containing more than one dwelling unit,
whether attached or detached, regardless of ownership
structure, tenure, or method of conveyance.
(i) This section may be enforced by the Etowah County
Commission, the City of Gadsden, affected landowners, and any
party with standing under state law. No land-use action
inconsistent with this section may be approved by any local
government.
(j) Nothing in this section shall be construed to limit
the rights of property owners to continue lawful agricultural
operations, timber practices, or farm-related commercial
functions.
Upon ratification of this constitutional amendment, the
Code Commissioner shall number and place this amendment as
appropriate in the constitution omitting this instructional
paragraph and may make the following nonsubstantive revisions:
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paragraph and may make the following nonsubstantive revisions:
change capitalization, hierarchy, spelling, and punctuation
for purposes of style and uniformity; correct manifest
grammatical, clerical, and typographical errors; revise
internal or external citations and cross-references; harmonize
language; and translate effective dates.
END PROPOSED AMENDMENT
Section 2. An election upon the proposed amendment
shall be held in accordance with Sections 284, 284.01, and 285
of the Constitution of Alabama of 2022, and the election laws
of this state. The appropriate election official shall assign
a ballot number for the proposed constitutional amendment on
the election ballot and shall set forth the following
description of the substance or subject matter of the proposed
constitutional amendment:
"Relating to Etowah County, proposing an amendment to
the Constitution of Alabama of 2022, to create the Whorton
Bend Agricultural Protection Act; to define the boundaries of
the protected Whorton Bend Community area; to provide for the
activities which are permitted and prohibited within the
protected area; and to provide exemptions.
Proposed by Act ____."
This description shall be followed by the following
language:
"Yes( ) No( )."
Section 3. The proposed amendment shall become valid as
part of the Constitution of Alabama of 2022, when approved by
a majority of the qualified electors voting thereon.
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