45-2-221.07
Section 45-2-221.07 Rescission of district designation. The county commission may vote to rescind
the designation of a historic district or preservation district if it determines that compelling
and substantial supportive reasons exist and that the best interest of the county and district
would be served by such action. In arriving at a decision, the county commission shall consider
information received with the application for rescission, information received at the time
of the district, designation, and information received from both the public and Baldwin County
Historic Development Commission. If the county commission denies the application for rescission
of a district designation, that district shall remain as designated and no application for
rescission will be permitted within the following period of four years. A decision to rescind
the district designation will abolish that district in total, not in part. (Act 80-497, p.
769, §8.)...
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45-2-221.08
Section 45-2-221.08 Application for rescission of district designation. Applicants shall meet
the following requirements in order for the county commission to consider rescission of a
district designation: (1) Notification of the county commission and the Baldwin County Historic
Development Commission by registered mail or by personal presentation to the county commission
in a regularly scheduled county commission meeting of the intent to submit an application
for rescission of a district designation. Notification shall precede solicitation of the signatures
on petitions which request rescission of the district designation. (2) A percentage of district
property owners not less than 70 percent shall petition the Baldwin County Commission for
rescission of the designation. (3) Copies of the application containing the information as
required in this part must be received by the county commission and Baldwin County Historic
Development Commission within the six-month period following...
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45-2-221.09
Section 45-2-221.09 Form of application for rescission. Applications submitted for rescission
of a historic district or preservation district designation need be of no particular form,
but shall contain the following information: (1) The name, address, and telephone number of
the applicant. If applicant is a group or organization, include the name of the person who
is to be contacted with respect to the application. (2) A written description of the district,
including present land use and general location. (3) A written and detailed description of
the reasons to be considered for rescission of the district designation. (4) A map or other
graphic description of the district. (5) The legal description of the district. (6) A one
page petition for each property owner within the district, whether the property owner signed
in support or opposition or was nonresponsive to the petitioned cause. a. For the purpose
of this part, each parcel of land is considered to have a single owner whether...
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45-2-221.01
Section 45-2-221.01 Designation of historic or preservation districts. The county commission
may designate as a historic district any section of the county containing buildings designated
by the Historic American Buildings Survey or any other recognized historic buildings survey,
and having an overall atmosphere of architectural and historic distinction. In addition thereto,
the county commission may also designate a second type of district to be known as a preservation
district to preserve the distinctive architectural character of the county by recognizing
neighborhoods that continue to grow and develop over the course of years and possess a unique
character that merits recognition and protection. (Act 80-497, p. 769, §2.)...
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45-2-221.05
Section 45-2-221.05 Application form. Applicants submitted for historic district or preservation
district designation need be of no particular form, but shall contain the following information:
(1) The name, address, and telephone number of the applicant. If applicant is a group or organization,
include the name of the person who is to be contacted with respect to the application. (2)
A written description of the proposed district, including present land use and general location,
and of the structures and sites within the district, their condition, appearance, etc. (3)
A map or other graphic description of the proposed district. (4) The legal description of
the proposed district. (5) The historic, architectural, or other significance of the proposed
district. (6) A one page petition for each property owner within the proposed district, whether
the property owner signed in support or opposition or was nonresponsive to the petitioned
cause. a. For the purpose of this part, each parcel of...
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45-2-221.06
Section 45-2-221.06 Enlargement of designated district. The county commission may vote to enlarge
a designated historic district or preservation district if it determines that the best interest
of the district and county would be served by such action and where the county commission
has received an appropriate application. Applicants requesting enlargement of a district shall
meet the requirements and follow the procedures set forth in this part for designation of
the applicable type district. The geographical area of enlargement shall be contiguous to
the existing district. (Act 80-497, p. 769, §7.)...
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45-2-221.04
Section 45-2-221.04 Requirements for preservation district designation. Applicants shall meet
requirements of subdivision (1) and one or more of the other following requirements in order
to be considered for preservation district designation: (1) At least 60 percent of the district
property owners, which shall also consist of at least 60 percent of the property, shall petition
the Baldwin County Commission for a preservation district designation. (2) Is a geographically
definable urban or rural area which contains structures or sites or a combination thereof
which have a special character, aesthetic interest or value, and represent one or more period(s)
of styles of architecture typical of one or more era(s) of the history of the area constituting
a visibly perceptible section of the municipality or county. (3) Recommendation for designation
by any federal, state, or other recognized survey of historic sites or structures. (Act 80-497,
p. 769, §5.)...
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40-9F-3
Section 40-9F-3 Standards for approval; application, rehabilitation plan; review; certification;
tax credit certification; fees; report to Legislature. (a) The commission shall develop standards
for the approval of the substantial rehabilitation of qualified structures for which a tax
credit is sought. The standards shall take into account whether the substantial rehabilitation
of a qualified structure is consistent with the historic character of the structure or of
the Registered Historic District in which the property is located. (b) Prior to beginning
any substantial rehabilitation work on a qualified structure, the owner shall submit an application
and rehabilitation plan to the commission and an estimate of the qualified rehabilitation
expenditures under the rehabilitation plan; provided, however, that the owner, at its own
risk, may incur qualified rehabilitation expenditures no earlier than six months prior to
the submission of the application and rehabilitation plan that are...
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40-9F-32
Section 40-9F-32 Procedures for rehabilitation of qualified structures; tax credits; review;
audit; fees; report to Legislature. (a) The commission shall develop standards for the approval
of the substantial rehabilitation of qualified structures for which a tax credit is sought.
The standards shall take into account whether the substantial rehabilitation of a qualified
structure is consistent with the historic character of the structure or of the Registered
Historic District in which the property is located. (b) Prior to beginning any substantial
rehabilitation work on a qualified structure, the owner shall submit an application and rehabilitation
plan to the commission and an estimate of the qualified rehabilitation expenditures under
the rehabilitation plan; provided, however, that the owner, at its own risk, may incur qualified
rehabilitation expenditures no earlier than six months prior to the submission of the application
and rehabilitation plan that are limited to architectural,...
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9-16-96
Section 9-16-96 Designation of areas unsuitable for surface coal mining; right to petition;
review and public hearing; areas exempt from mining operations. (a)(1) The regulatory authority
shall establish a planning process enabling objective decisions based upon competent and scientifically
sound data and information as to which, if any, land areas of the state are unsuitable for
all or certain types of surface coal mining operations pursuant to the standards set forth
in subdivisions (2) and (3) of this subsection but such designation shall not prevent the
mineral exploration pursuant to the article of any area so designated. (2) Upon petition pursuant
to subsection (c) of this section, the regulatory authority shall designate an area as unsuitable
for all or certain types of surface coal mining operations if the regulatory authority determines
that reclamation pursuant to the requirements of this article is not technologically and economically
feasible. (3) Upon petition pursuant to...
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