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37-11A-1
by the Governor, or upon its otherwise becoming a law, and when the State of Mississippi ratifies
the compact. Article III. For purposes of this compact, the following terms shall have the
following meanings: (1) Person means an individual, a corporation, a partnership, or any other
entity. (2) Railroad means a common carrier by railroad as defined in Section 1(3) of Part
I of the Interstate Commerce Act [codified as 49 U.S.C. §1(3)]. (3) Railroad properties and
facilities mean any real or personal property or interest in property which is owned,
leased, or otherwise controlled by a railroad or other person, including, without limitation,
the authority, and which are used or are useful in rail transportation service, including,
without limiting the generality of the foregoing: a. Track, roadbed, and related structures,
including rail, ties, ballast, other track materials, grading, tunnels, bridges, trestles,
culverts, elevated structures, stations, office buildings used for operating...
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27-61-1
functions. 5. CORPORATE RECORDS OF THE COMMISSION The Commission shall maintain its corporate
books and records in accordance with the Bylaws. 6. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
a. The Members, officers, executive director, employees, and representatives of the Commission,
the Executive Committee, and any other Committee of the Commission shall be immune from suit
and liability, either personally or in their official capacity, for any claim for damage to
or loss of property or personal injury or other civil liability caused by or
arising out of any actual or alleged act, error, or omission that occurred, or that the person
against whom the claim is made had a reasonable basis for believing occurred within the scope
of Commission employment, duties, or responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit and/or liability for any damage, loss,
injury, or liability caused by the intentional or willful or wanton...
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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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45-2-261
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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45-2-261.17
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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45-2-221.08
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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45-2-260.01
Section 45-2-260.01 Regulation of subdivisions; application of certain setback requirements.
(a) The Baldwin County Commission is authorized to regulate the minimum size of lots located
or to be located in subdivisions of land situated outside the corporate limits of any municipality
in the county and is authorized to regulate the planning and construction of all public streets,
public roads, and drainage structures located or to be located in subdivisions of land situated
outside the corporate limits of any municipality in the county, including the power to require
the filing and posting of a reasonable surety bond with the county commission by the developers
of such subdivisions to guarantee the actual construction and installation of approved proposed
public streets, public roads, and drainage structures before the sale or offering for sale
of any lots from such subdivision to the public. The county commission may require the developers
of all proposed subdivisions of lands situated...
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45-2-21.03
Section 45-2-21.03 Referendum - Procedures; districts; notification; exclusion of incorporated
areas; approval in incorporated areas. (a) Any county commission district, or areas within
a district to be defined by the county commission, may hold a referendum administered by the
Judge of Probate of Baldwin County for the approval of the sale of alcoholic beverages for
off-premises consumption within those areas on Sunday under the same license authority applicable
to other days of the week by one of the following procedures: (1) A resolution of the county
commission. (2) A petition for a referendum certified by the Judge of Probate of Baldwin County
consisting of at least 10 percent of the registered voters at any date within six months prior
to the certification of the petition in the county commission district or the defined areas
of that county commission district. (b) County commission districts shall be those areas defined
by law at the time of the referendum. Subsequent changes in...
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45-2-21.33
Section 45-2-21.33 Referendum - Procedures; districts; notification; exclusion of incorporated
areas; approval in incorporated areas. (a) Any county commission district, or areas within
a district to be defined by the county commission, may hold a referendum administered by the
Judge of Probate of Baldwin County for the approval of the sale of alcoholic beverages for
consumption on the licensed selling premises within those areas on Sunday under the same license
authority applicable to other days of the week by one of the following procedures: (1) A resolution
of the county commission. (2) A petition for a referendum certified by the Judge of Probate
of Baldwin County consisting of at least 10 percent of the registered voters at any date within
six months prior to the certification of the petition in the county commission or the defined
areas of that county commission district. (b) County commission districts shall be those areas
defined by law at the time of the referendum. Subsequent...
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