9-16-90
Section 9-16-90 Environmental protection performance standards. (a) Any permit issued pursuant
to this article to conduct surface mining operations shall require that such surface coal
mining operations will meet all applicable performance standards of this article, and such
other requirements as the regulatory authority shall promulgate. (b) General performance standards
shall be applicable to all surface coal mining and reclamation operations and shall require
the operation as a minimum to: (1) Conduct surface coal mining operations so as to maximize
the utilization and conservation of the solid fuel resource being recovered so that reaffecting
the land in the future through surface coal mining can be minimized; (2) Restore the land
affected to a condition capable of supporting the uses which it was capable of supporting
prior to any mining, or higher or better uses of which there is reasonable likelihood, so
long as such use or uses do not present any actual or probable hazard to...
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45-2-261.07
Section 45-2-261.07 Procedure for exercising jurisdiction in each district. The Baldwin County
Commission shall not exercise its planning and zoning powers and jurisdiction in any district
established hereunder until the majority of the qualified electors of the district voting
in an election shall have voted their desire to come within the planning and zoning authority
of the Baldwin County Commission. The election shall be held if 10 percent of the qualified
electors in any district submit a written petition to the county commission expressing a desire
to be subject to the planning and zoning jurisdiction of the Baldwin County Commission under
authority of this subpart. For the purposes of the establishment of districts after June 1,
2010, a district shall correspond to a voting precinct or precincts in the county unless the
county governing body determines that the use of voting precinct boundaries is not feasible.
A party or parties seeking to file a petition shall notify the...
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45-2-261
Section 45-2-261 Creation of the County Planning and Zoning Commission. There is created a
planning and zoning commission for Baldwin County, Alabama, which commission shall be appointed
as provided and shall have responsibilities and duties as stated in this subpart. The commission
shall be known as the Baldwin County Planning and Zoning Commission hereinafter referred to
as the "planning commission." The planning commission shall adopt bylaws to administer
the provisions of this subpart. The planning commission shall elect its chair and create and
fill other offices as it may determine. The term of the chair shall be for one year, with
eligibility for reelection. The planning commission shall hold at least one regular meeting
each month and shall keep a record of its resolutions and actions, all of which shall be a
public record. A majority of the members on the planning commission shall be required to constitute
a quorum to transact the business of the planning commission. (Act...
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45-2-261.16
Section 45-2-261.16 Housing. The Baldwin County Planning and Zoning Commission shall have no
jurisdiction over the type of single family housing or dwelling to be placed or constructed
on private property. (Act 91-719, p. 1389, §18; Act 98-665, p. 1455, §1.)...
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45-2-260
Section 45-2-260 Regulation of setbacks. (a) This section shall apply only to Baldwin County.
(b) The Baldwin County Commission, through the county planning and zoning commission, shall
regulate the construction setback from the centerline of any state or county public road or
highway located outside the corporate limits of a municipality in Baldwin County. (c) The
provisions of this section do not apply to poles, facilities, structures, water, gas, sewer,
electric, telephone, bill boards, or utility lines or other facilities of public utilities.
(d) The construction setback from any state or county public road or highway shall vary according
to the highway functional classifications submitted by the Baldwin County Commission and approved
by the Federal Highway Administration for Baldwin County. (e) The functional classifications
and the construction setbacks required for each classification are established as follows:
(1) Principal arterials require a 125 foot setback from the...
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45-44-260.08
Section 45-44-260.08 Subdivision regulations. The planning commission with the approval of
the county commission shall adopt a code of regulations applicable to the subdivision of land
and plats of subdivisions, after the adoption of such code of regulations, shall not be accepted
for filing and recording in the office of the judge of probate until they have been approved
in a manner to be designated by the planning commission. This section shall apply within the
jurisdiction of the commission as specified in Section 45-44-260.02. (Act 2001-562, p. 1133,
§ 9.)...
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45-2-261.03
Section 45-2-261.03 Preparation of master plan. In availing itself of the powers conferred
by this subpart, the Baldwin County Commission shall appoint the planning commission to make
and maintain in an up-to-date manner, a master plan for the physical development of the unincorporated
areas of Baldwin County. The master plan with the accompanying maps, plats, charts, and descriptive
material shall show the planning commission's recommendations for the use and development
of the unincorporated areas of Baldwin County. The planning commission shall make a preliminary
report and hold a public hearing thereon. The master plan recommended thereunder shall be
presented in a final report to the Baldwin County Commission. The Baldwin County Commission
shall not hold a public hearing and take action until it has received the final report of
the planning commission. After a public hearing by the Baldwin County Commission, the master
plan may be approved or amended by the Baldwin County...
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45-2-261.17
Section 45-2-261.17 Construction with other laws. The authority of the Baldwin County Commission
under this subpart shall not conflict with present or future regulations or policies of the
Alabama Department of Health. Except as expressly set forth in this subpart, no provision
of this subpart shall infringe upon the existing authority of the Baldwin County Commission
to regulate the development of subdivisions under Section 45-2-260.01, and any amendments
thereto, or any additional power or authority granted to the Baldwin County Commission by
local legislative act. Notwithstanding any authority otherwise conferred by this subpart or
any local act applicable to Baldwin County, after June 15, 1973, once a subdivision has been
approved in accordance with the subdivision regulations applicable to the subdivision at the
time of approval, the Baldwin County Commission and the Baldwin County Planning Commission
shall have no authority to impose, by amendment to any subdivision regulations,...
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45-2-261.64
Section 45-2-261.64 Enforcement and administration of subpart. The Baldwin County Commission
shall enforce this subpart in the same manner as provided in Section 16 of Act 91-719, and,
in performing its functions related to planning and zoning, the Baldwin County Planning and
Zoning Commission and the Baldwin County Commission shall specifically consider the historical
nature of existing development within the Fort Morgan District, the historical and environmental
character of the district, and the unique needs of the district related to hurricane safety
and infrastructure for potential evacuation. (Act 2015-411, §5.)...
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45-2-141
Section 45-2-141 Protection of forests; costs. (a) The County Commission of Baldwin County
is authorized, when the need exists, to provide for the protection of forests from fire, insects,
disease, beavers, and other pests in Baldwin County by participating in the Alabama Forestry
Commission's forest protection program in the manner hereinafter specified. (b)(1) After the
Baldwin County Commission has determined that such a need does exist in Baldwin County, the
county commission may, in the manner hereinafter specified, provide for a finance charge to
be paid by the owners of forest lands located in Baldwin County for the use of the land for
timber growing purposes amounting to the whole or any part of the cost of such forest protection
program, but not in excess of ten cents ($.10) per acre, provided such finance charge is not
greater than the benefit accruing to such forest lands due to availability of such forest
protection as specified in subsection (a). (2) "Forest lands" as used...
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