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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45-49-261.16
Section 45-49-261.16 Construction setbacks. (a) The Mobile 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 within the jurisdiction of the commission.
(b) The provisions of this section do not apply to poles, facilities, structures, water, gas,
sewer, electric, telephone, billboards, or utility lines or other facilities of public utilities.
(c) The construction setback from any state or county public road or highway shall vary according
to the highway functional classifications submitted by the Mobile County Commission and approved
by the Federal Highway Administration for Mobile County. (d) 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 centerline of the right-of-way.
(2) Minor arterials require a 100 foot setback from...
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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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45-2-261.17
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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45-2-262
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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45-2-261.10
Section 45-2-261.10 Boards of adjustment. (a) The Baldwin County Commission shall appoint two
members to the boards of adjustment, and the regulations and ordinances adopted pursuant to
the authority of this subpart shall provide that the boards of adjustment, in appropriate
cases and subject to appropriate conditions and safeguards, may make special exceptions to
the terms of the ordinances and regulations in harmony with their general purposes and interests
and in accordance with general or specific rules therein contained. (b) Board of Adjustment
Number One shall serve western, central, and northern Baldwin County and shall include Planning
Districts 4, 10, 12, 15, 16, 28, and 31. Board of Adjustment Number Two shall serve southern
Baldwin County and shall include Planning Districts 20, 21, 22, 23, 24, 25, 29, 30, 32, and
33. If the majority of qualified electors voting in an election in a territory that is not
in a planning district on August 1, 2020, vote to come within the...
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45-2-180.01
Section 45-2-180.01 Regulation of billboards in unincorporated areas; enforcement; variances;
appeals. (a) This section shall apply only within the unincorporated areas of Baldwin County.
(b)(1) In the unincorporated areas of Baldwin County, the county commission may regulate and
shall have exclusive zoning authority to regulate billboards, including, but not limited to,
the size and location of any billboards. Within the planning jurisdiction of a municipality
that regulates billboards, the county commission shall regulate and shall have exclusive authority
to regulate billboards which regulation and enforcement shall be no less stringent than the
regulation of billboards by municipal ordinance within the corporate limits of the municipality.
The regulations shall be adopted by resolution or ordinance of the county commission at a
regularly scheduled meeting of the commission. Any resolution or ordinance adopted pursuant
to this section shall have standards as to distance between...
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45-2-222
Section 45-2-222 Lease of oil, gas, and mineral rights. (a) On roads where Baldwin County owns
the oil, gas, and mineral rights, the Baldwin County Commission is authorized to lease the
oil, gas, and mineral rights on the right-of-way of the county roads on a competitive basis
in the same manner as provided by the competitive bid laws applying to county purchases. (b)(1)
Any funds accruing from the leasing of the oil, gas, and mineral rights of the county road
system as provided in this section shall be used to build and maintain public boat launching
ramps in the Mobile North River Delta Region of Baldwin County from the Bay Bridge North to
the Baldwin County line. (2) After one such ramp is built such funds may be used to construct,
repair, or maintain public launching ramps in any part of Baldwin County, to provide for the
acquisition of property for and the construction, repair, and maintenance of public parks,
recreational areas, water access areas, and access roads thereto within...
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23-1-85
Section 23-1-85 Construction of electric transmission, telegraph, or telephone lines in right-of-way
of county highways. The right-of-way is granted to any person or corporation having the right
to construct electric transmission, telegraph, or telephone lines within this state to construct
them along the margin of the right-of-way of public highways, subject to the removal or change
by the county commission of the county, except in cases where the State Department of Transportation
has jurisdiction over such highway. (Code 1907, §5817; Code 1923, §1357; Acts 1927, No.
347, p. 348; Code 1940, T. 23, §48.)...
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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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