Code of Alabama

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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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45-44-260.08
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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45-37-260.01
Section 45-37-260.01 Installation of traffic control devices. (a) This section shall apply
only to Jefferson County. (b) Regulations adopted by the Jefferson County Planning Commission
or regulations adopted pursuant to Section 11-52-31, by a municipal planning commission governing
the subdivision of land within Jefferson County or any municipality therein may include provisions
permitting the owner or developer of a subdivision to install devices for control of access
to the subdivision either on public or private roads. The installation of such devices shall
not create liability on the part of the municipality, county, or an owner or developer of
the subdivision for the installation or maintenance thereof, provided, however, that no such
owner or developer shall be relieved of liability for the negligent installation or maintenance
of a mechanical security device. (Act 96-873, p. 1685, §1; Act 96-882, p. 1697, §1.)...

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45-49-261.04
Section 45-49-261.04 Procedure for adoption and amendment of ordinances and regulations. (a)
The Mobile County Commission may adopt ordinances and regulations as necessary to effect this
part. The ordinances or regulations shall be made in accordance with a master plan and designed
to lessen congestion in the streets, to secure safety from fire, panic, and other dangers,
to promote health and general welfare, to provide adequate light and air, to prevent overcrowding
of land, to avoid undue concentration of population, and to facilitate the adequate provision
of transportation, water, sewerage, schools, parks, and other public requirements. The ordinances
and regulations shall be made with reasonable consideration, among other things, to the character
of the planning jurisdiction and its peculiar suitability for particular uses and with the
view of conserving the value of the buildings and encouraging the most appropriate use of
land throughout the planning jurisdiction. For the...
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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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45-44-260.07
Section 45-44-260.07 Election for coverage. Except where jurisdiction has been obtained by
the planning commission pursuant to Section 45-44-260.02, the master plan and zoning regulations
provided by the planning commission shall not be applicable in any beat of Macon County until
the majority of the qualified electors of the beat voting in a special election have signified
by their vote that they desire the authority of the planning commission, its master plan,
and the zoning regulations to apply in their beat. The election must be held not less than
30 or more than 45 days after a petition seeking the election is filed in the office of the
judge of probate. The petition shall be signed by at least 25 percent of the electors who
reside within the beat and who own real estate located within the beat. Notice of the election
shall be given by three weeks' publication and posting notice in two public places within
the beat. The cost of the election shall be paid from the general fund of...
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11-19-5
Section 11-19-5 Subdivision regulations generally. In addition to land-use restrictions commensurate
with the degree of the flood hazards in various parts of the area, there shall be such subdivision
regulations as may be necessary: (1) To prevent the inappropriate development of flood-prone
lands; (2) To encourage the appropriate location and elevation of streets, sewers and water
systems and the reservation of adequate and convenient open space for utilities; (3) To provide
for adequate drainage so as to minimize exposure to flood hazards and to prevent the aggravation
of flood hazards; and (4) To require such minimum elevation of all new developments as required.
(Acts 1971, 3rd Ex. Sess., No. 119, p. 4346, §5.)...
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11-85-7
Section 11-85-7 Proposed construction of streets, public buildings, utilities, etc., to be
submitted for approval of commission after adoption of master plan; overruling of commission.
After the adoption of the regional plan by the regional planning commission, no street, park,
or other public way, ground or open space, public building or other public structure and public
utility, whether publicly or privately owned or operated, shall be constructed or authorized
in nonmunicipal territory within the region until the location, character, and extent thereof
shall have been submitted to and approved by the regional planning commission of the region.
This prohibition shall not be interpreted as requiring the approval by the regional planning
commission of any subdivision falling within the subdivision jurisdiction of a municipal planning
commission as defined in Section 11-52-30, and duly approved by such municipal planning commission
as provided in Section 11-52-32. In case of disapproval...
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4-6-5
Section 4-6-5 Airport zoning commission. Prior to the initial zoning of any airport hazard
area under this chapter, the political subdivision which is to adopt the regulations shall
be authorized to appoint an airport zoning commission consisting of five members, each to
be appointed for a term of three years, or may designate any existing planning commission
to recommend the boundaries of the various zones to be established and the regulations to
be adopted therefor. Such commission shall make a preliminary report and hold public hearings
thereon before submitting its final report, and the legislative body of the political subdivision
shall not hold its public hearings or take other action until it has received the final report
of such commission. (Acts 1953, No. 730, p. 985, §5.)...
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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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