9-8-27
Section 9-8-27 Land-use regulations - Access to lands for investigation as to observance; damage
remedy for violations. The supervisors shall have authority to go upon any lands within the
district to determine whether land-use regulations adopted under the provisions of Section
9-8-26 are being observed. The supervisors are further authorized to provide by ordinance
that any landowner who shall sustain damages from any violation of such regulations by any
other landowner may recover damages at law from such other landowner for such violation. (Acts
1939, No. 147, p. 202, § 9; Code 1940, T. 2, §665.)...
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9-8-26
Section 9-8-26 Land-use regulations - Procedure for adoption; amendment, repeal, etc.; contents;
publication, etc. (a) The supervisors of any district shall have authority to formulate regulations
governing the use of lands within the district in the interest of conserving soil and soil
resources and preventing and controlling soil erosion. The supervisors may conduct such public
meetings and public hearings upon tentative regulations as may be necessary to assist them
in this work. The supervisors shall not have authority to enact such land-use regulations
into law until after they shall have caused due notice to be given of their intention to conduct
a referendum for submission of such regulations to the owners of lands lying within the boundaries
of the district for their indication of approval or disapproval of such proposed regulations
and until after the supervisors have considered the result of such referendum. The proposed
regulations shall be embodied in a proposed ordinance....
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9-8-28
Section 9-8-28 Land-use regulations - Enforcement. Where the supervisors of any district shall
find that any of the provisions of land-use regulations prescribed in an ordinance adopted
in accordance with the provisions of Section 9-8-26 are not being observed on particular lands
and that such nonobservance tends to increase erosion on such lands and is interfering with
the prevention or control of erosion on other lands within the district, the supervisors may
present to the circuit court of the county in which the land of the defendant may lie, a complaint,
duly verified, setting forth the adoption of the ordinance prescribing land-use regulations,
the failure of the defendant landowner to observe such regulations and to perform particular
work, operations or avoidances as required thereby and that such nonobservance tends to increase
erosion on such lands and is interfering with the prevention or control of erosion on other
lands within the district and requesting the court to...
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45-2-262
Section 45-2-262 Regulation of wind generated energy production facilities or equipment in
unincorporated areas. (a) This section shall apply within all unincorporated areas of Baldwin
County. (b) The county commission shall have zoning authority and the power to establish and
adopt ordinances, resolutions, rules, regulations, and procedures to regulate the permitting,
construction, placement, and operation of wind turbines, windmills, wind farms, and any other
wind-generated energy production facilities or equipment operated, in whole or in part, by
wind, sometimes referred to collectively as "wind-generated energy production facilities,"
also including, but not limited to, regulations regarding the size, location, and noise generated
by wind-generated energy production facilities. The regulations shall be adopted by ordinance
or resolution of the county commission at a regularly scheduled meeting of the commission.
(c) The county commission shall have zoning authority and the power...
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9-16-71
Section 9-16-71 Declaration of public policy and legislative intent; all land surface mined
under this article shall be reclaimed. (a) The objective of this article is to provide for
the safe, responsible and reasonable reclamation of lands upon which surface disturbances
will be created by surface mining and the surface effects of underground mining so as to protect
the taxable value of property and preserve natural resources within the state and protect
and promote the health and safety of the people of this state, consistent with the protection
of property and with maximum employment and the economic and industrial well-being of the
state. The Legislature finds and declares that the extraction of coal by surface mining provides
a major present and future source of energy and is an essential and necessary activity which
contributes to the economic and material well-being of the state. (b) The Legislature finds
that the unregulated or irresponsible surface mining of coal may cause...
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11-32-7
Section 11-32-7 Powers of authority. (a) The authority shall exercise powers and duties necessary
to the discharge of its powers and duties in corporate form as follows: (1) Have succession
by its corporate name in perpetuity subject to Section 11-32-20. (2) Sue and be sued in its
own name in civil suits and actions and defend suits against it. (3) Adopt and make use of
a corporate seal and alter the same at its pleasure. (4) Adopt and alter bylaws for the regulation
and conduct of its affairs and business. (5) Acquire, receive, take, by purchase, gift, lease,
devise, or otherwise, and hold property of every description, real, personal, or mixed, whether
located in one or more counties or municipalities and whether located within or outside the
authorizing county. (6) Make, enter into, and execute contracts, agreements, leases, and other
instruments and take other actions as may be necessary or convenient to accomplish any purpose
for which the authority was organized, or exercise any...
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9-16-7
Section 9-16-7 Duties of operators. (a) Every operator to whom a permit is issued pursuant
to this article and who engages in surface mining on lands described in the permit shall:
(1) Submit to the department, no later than 90 days after expiration of the permit period,
a map or aerial photograph showing the location of the surface mining operation conducted
during the permit period by section, township, range, and county with other description to
identify the land upon which the operator has conducted surface mining during the permit period.
The map or aerial photograph shall include a legend showing the number of acres of affected
land and the reclamation to be made in accordance with this section. (2) Commence contemporaneous
reclamation of mined areas as set out in the comprehensive reclamation plan approved by the
department. Reclamation bonds shall be adjusted annually to reflect unreclaimed disturbed
acreage as well as reclaimed acreage released by the department. Failure to...
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4-6-8
Section 4-6-8 Permits; variances; installation, etc., of markers and lights upon airport hazards.
(a) Permits. - Any airport zoning regulations adopted under this chapter may require that
a permit be obtained before any new structure or use may be constructed or established and
before any existing use or structure may be substantially changed or substantially altered.
All such regulations may provide rules under which nonconforming uses shall be discontinued
and removed in case of being abandoned, destroyed, deteriorated or decayed. In any event,
however, all such regulations shall provide that before any nonconforming structure or tree
may be replaced, substantially altered, rebuilt, allowed to grow higher or replanted, a permit
must be secured from the administrative agency authorized to administer and enforce the regulations,
authorizing such replacement or change; but no such permit shall be required to make maintenance
repairs to or to replace parts of existing structures which do...
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4-4-7
Section 4-4-7 Control of airports by municipal governing bodies; delegation of powers to other
bodies or officers. When any municipality has acquired or set apart land for use as a municipal
airport, the council or other governing body of such municipality shall have the power and
authority to develop the same into a municipal airport and to improve, equip, maintain, operate,
regulate and police the same. Such governing body may adopt regulations for the government
of the municipal airports of such municipality, provide penalties for violation of such regulations
and establish and collect fees, tolls and charges for the use of such airports or parts thereof
or any facilities thereof or any equipment thereof. The power and authority committed by this
section to the governing body of such municipality may be by it conferred upon a board or
officer of such municipality or upon any board created by law for the government of the parks
of such municipality, subject always, however, to the...
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11-19-3
Section 11-19-3 Adoption of zoning ordinances and building codes for flood-prone areas outside
municipalities. The county commission in each county of this state is hereby authorized and
may adopt zoning ordinances and building codes for flood-prone areas which lie outside the
corporate limits of any municipality in the county. Each such county commission shall have
broad authority to: (1) Establish or cause to be established comprehensive land-use and control
measures which shall specifically include the control and development of subdivisions in flood-prone
areas; (2) Establish or cause to be established building codes and health regulations incorporating
such minimum standards as shall be necessary to reduce flood damage in flood-prone areas;
(3) Provide such standards of occupancy for the prudent use of flood-prone areas in the county;
(4) Provide for the preparation of maps clearly delineating flood-prone areas and floodways
in the county and to keep the same for public...
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