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SB358 INTRODUCED
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SB358
HGPHQ68-1
By Senator Albritton
RFD: Fiscal Responsibility and Economic Development
First Read: 10-Mar-26
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HGPHQ68-1 03/10/2026 THR (L)bm 2026-1276
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First Read: 10-Mar-26
SYNOPSIS:
This bill would authorize certain county
commissions to establish regulations related to the
permitting, construction, placement, or operation of
solar farms.
This bill would also provide penalties for
violations and provide for an appeal process.
A BILL
TO BE ENTITLED
AN ACT
Relating to counties and municipalities; to authorize
certain county commission to establish regulations related to
the permitting, construction, placement, or operation of solar
farms; to provide penalties for violations; and to provide for
an appeal process.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) For the purposes of this section, the
following terms have the following meanings:
(1) COUNTY COMMISSION. The governing body of any county
that borders the Gulf of Mexico.
(2) SOLAR FARM. A large-scale, ground-mounted
installation of photovoltaic panels, arrays, or reflectors
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installation of photovoltaic panels, arrays, or reflectors
designed to generate electricity for sale or use off-site.
(b)(1) In order to protect the coastline and watershed,
a county commission may adopt resolutions to regulate the
permitting, construction, placement, or operation of solar
farms in the county.
(2) A county commission may adopt resolutions
establishing standards, specifications, criteria, and
conditions relating to permitting, construction, placement, or
operation of solar farms in the unincorporated areas of the
county.
(3) A county commission may adopt resolutions to
establish and determine the appropriate locations where solar
farms may be located or allowed or to prohibit the same.
(c)(1) If any building or structure is erected,
constructed, altered, repaired, converted, operated, or
maintained, or if any land is used, in violation of this
section or any resolution adopted pursuant to this section,
the county commission, or any administrative officer
designated by the county commission, may institute any
appropriate action or proceeding to prevent, restrain,
correct, or abate the violation, prevent the use of any
building or structure, or to prevent any illegal act, conduct,
business, or misuse in or upon any premises regulated under
the authority conferred by this section.
(2) A county commission may adopt resolutions providing
for a penalty in the form of a fine of up to one thousand
dollars ($1,000) for any violation of this section or an
ordinance adopted pursuant to this section.
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ordinance adopted pursuant to this section.
(3) Any violation of this section or an ordinance
adopted pursuant to this section shall be a public nuisance.
(4) Upon a finding that a building or structure
violates the provisions of this section or any ordinance
adopted pursuant to this section, the county commission may
remove the building or structure, and all costs of the removal
shall be assessed against the landowner and recorded as a lien
on the property and may be enforced until satisfied.
(d) A county commission may levy permit and
applications fees to administer the resolutions adopted
pursuant to this section. The fees shall cover the cost of
administrative activities and the cost of reviewing
applications, including the costs or fees associated with any
experts or consultants necessary to assist the county in
reviewing applications.
(e) A county commission may adopt resolutions to
determine the terms or conditions of any exceptions or
exemptions from the provisions of this section or any
resolution adopted pursuant to this section. Any resolution
adopted pursuant to this section shall authorize a variance
process and a variance appeals process for any party aggrieved
by a final variance decision of the county commission to
appeal the decision to the circuit court.
Section 2. This act shall become effective on October
1, 2026 .
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