Code of Alabama

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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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45-49-181.12
Section 45-49-181.12 Rulemaking authority; exemptions; use of private roads. (a) The county
commission may adopt the necessary rules for the construction of county maintained roads in
the county. The county commission may adopt rules regarding the planning and construction
of streets and roads within subdivisions. Subdivision rules shall be adopted or amended by
first holding a public hearing thereon after due notice thereof as otherwise required by law
for similar matters requiring a public hearing. (b) Exempt and excluded from the definition
of a subdivision and exempt from the laws and regulations pertaining to subdivisions shall
be the division of a tract of land into parcels or property containing five acres or more
each. (c) The county commission may authorize the use of private paved roads, provided all
of the following conditions are satisfied: (1) A recorded plat shall be required for a proposed
subdivision that incorporates a private road or contains property situated...
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28-3-25
Section 28-3-25 Counties and municipalities authorized to extend time of sale of alcoholic
beverages on Sunday by resolution or referendum. (a)(1) Subject to subdivision (2), in any
wet county, the county commission, by resolution, may permit and regulate the sale of alcoholic
beverages on Sunday after the hour of two o'clock a.m., for on-premises or off-premises consumption,
or both, as determined by the county commission or as specified in the referendum, if applicable,
by retail licensees of the Alcoholic Beverage Control Board. (2) The county commission of
any wet county, by resolution, may require a referendum to be held to determine whether Sunday
sales of alcohol shall be permitted in the county. Upon passage of a resolution by the county
commission, the county shall hold the referendum and if a majority of the voters voting thereon
vote in favor of the question, then the sale of alcoholic beverages shall be permitted and
regulated as specified in the referendum. (b)(1) Subject...
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11-80-15
Section 11-80-15 Regulation of fertilizer. (a) A county commission or municipal governing body
may not adopt or continue in effect any ordinance, rule, or resolution regulating the registration,
packaging, labeling, sale, distribution, transportation, storage, or application of fertilizers.
The entire subject matter of the foregoing shall be subject to the jurisdiction of the Department
of Agriculture and Industries. (b) For purposes of this section, the term fertilizer means
any substance containing one or more recognized plant nutrients which is used for its plant
nutrient content and which is designed for use or claimed to have value in promoting plant
growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes,
boiler ashes produced by the pulp and paper or the electric utility industry, and similar
products exempted by regulation of the Commissioner of Agriculture and Industries. (c) This
section shall not affect, supersede, or override any zoning...
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35-8B-1
Section 35-8B-1 Definitions; sale of alcoholic beverages. (a) "Community development district"
shall mean a private residential development that: (1) Is a size of at least 250 acres of
contiguous land area; (2) has at least 100 residential sites, platted and recorded in the
probate office of the county as a residential subdivision; (3) has streets that were or will
be built with private funds; (4) has a social club with: (i) an 18-hole golf course of regulation
size; (ii) a restaurant or eatery used exclusively for the purpose of preparing and serving
meals, with a seating capacity of at least 60 patrons; (iii) social club memberships with
at least 100 paid-up members who have paid a membership initiation fee of not less than two
hundred fifty dollars ($250) per membership; (iv) membership policies whereby membership is
not denied or impacted by an applicant's race, color, creed, religion, or national origin;
and (v) a full-time management staff for the social activities of the club,...
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45-2-221.13
Section 45-2-221.13 Regulations. The county commission may adopt such other regulations as
are necessary to effect the purposes of this part; provided however that nothing in this part
shall be construed to authorize the county commission or any architectural review board, preservation
district review board, or historic development commission, or any other entity created under
this part to prevent or regulate the construction or placement of utility poles, wires, or
equipment in any historic district or preservation district. (Act 80-497, p. 769, §6; Act
88-960, p. 1987, §1.)...
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45-5-130
Section 45-5-130 Duties; salary; bond; county commissioners employed as part-time officers.
(a) In addition to all other authority vested in the Blount County Commission, the county
commission shall set the necessary policies and priorities for the construction, maintenance,
and repair of all public roads, county highways, bridges, ferries, and public facilities within
the county, to insure the people a safe and adequate road system based on the county unit
system. Each member of the county commission shall inspect the roads of his or her district
from time to time, and hear the suggestions and complaints of the citizens, and report the
suggestions and complaints to the commission with his or her recommendations; confer with
the county engineer concerning the problems of his or her district; and to assist in securing
rights-of-ways, and assist in public service generally. The county engineer shall provide
the necessary equipment and personnel, in the absence of a county commissioner,...
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45-8-72
Section 45-8-72 Subdivision streets and roads; minimum standards. (a) This section shall apply
only to Calhoun County. (b) There is hereby created a cause of action against subdividers
of land who fail to construct roads and streets within their subdivisions in conformity with
minimum standards established by the county commission. (c) The cause of action hereby created
shall be in favor of the county and any landowner affected by the subdivider's failure to
construct roads which meet minimum county standards and shall be for the actual cost of construction
of roads which do comply with minimum standards. (d) Nothing in this section shall be construed
to require that the county accept for maintenance any road which does not meet its minimum
standards. (Act 87-428, p. 639, §§1-4.)...
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15-18-76
Section 15-18-76 Restitution centers - Establishment and operation; cooperation of counties
and municipalities. (a) The county commissions of several counties and the governing authorities
of municipalities are hereby authorized to cooperate with the State Board of Pardons and Paroles
in the establishment of restitution centers. Such centers shall be operated by the State Board
of Pardons and Paroles. County or municipal property may be utilized with the approval of
the county commission or municipal governing authority for the construction, renovation, and
maintenance of facilities owned by the state or a local political subdivision. Such a facility
may be furnished or leased to the Board of Pardons and Paroles for a period of time for use
as a restitution center. (b) It is the intent of this section that county and local governments
contribute only to the establishment, renovation, furnishing, and maintenance of the physical
plant of the restitution center and that the Board of...
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11-80-1
Section 11-80-1 Condemnation of lands for public building sites, roads, streets, construction
materials, etc. (a) Counties and municipal corporations may condemn lands for public building
sites or additions thereto, or for enlargements of sites already owned, or for public roads
or streets or alleys, or for material for the construction of public roads or streets or for
any other public use. (b) Notwithstanding any other provision of law, a municipality or county
may not condemn property for the purposes of private retail, office, commercial, industrial,
or residential development; primarily for enhancement of tax revenue; for transfer to a person,
nongovernmental entity, public-private partnership, corporation, or other business entity;
or for the primary purpose of acquiring a mortgage or deed of trust. Provided, however, the
provisions of this subsection shall not apply to the use of eminent domain by any municipality,
housing authority, or other public entity based upon a finding...
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