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SB131 ENGROSSED
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SB131
KHB31UA-2
By Senator Stewart
RFD: County and Municipal Government
First Read: 13-Jan-26
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First Read: 13-Jan-26
A BILL
TO BE ENTITLED
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; 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
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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
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
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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
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
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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.
(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, 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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1, 2026.
Senate
Read for the first time and referred
to the Senate committee on County
and Municipal Government
................13-Jan-26
Read for the second time and placed
on the calendar:
1 amendment
................20-Jan-26
Read for the third time and passed
as amended
Yeas 29
Nays 0
Abstains 0
................21-Jan-26
Patrick Harris,
Secretary.
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