Meeting Type: BCC Regular Meeting
Meeting Date: 7/7/2026
Item Status: Addendum
From: Frank Lundy, P.E., County Engineer
Submitted by: Audra E. Mize, Administrative Support Specialist IV
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ITEM TITLE
Title
Request from Town of Summerdale to Renew Subdivision Regulation and Building Construction Regulation Agreement
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STAFF RECOMMENDATION
Recommendation
Consider the request from the Town of Summerdale to renew the Subdivision Regulation and Building Construction Regulation Agreement between the Baldwin County Commission, the Town of Summerdale, and the Planning Commission of the Town of Summerdale, governing the regulation of subdivisions and the regulation of building construction outside the municipality’s corporate limits, but within the municipal planning jurisdiction and police jurisdiction.
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BACKGROUND INFORMATION
Background: The Governor signed Act No. 2021-297 (SB107) into law on April 27, 2021. The Act became effective on July 26, 2021.
On July 6, 2021, the Baldwin County Commission took action to provide notice to the municipalities that it would regulate subdivisions and building construction outside the corporate limits as of July 26, 2023, unless other agreements were reached with the municipalities.
On July 5, 2023, the Baldwin County Commission approved entering into an agreement with the Town of Summerdale and the Planning Commission of the Town of Summerdale governing the regulation of subdivision and the regulation of building construction outside the municipal corporate limits, but within the municipal planning jurisdiction and police jurisdiction. The Agreement became effective July 24, 2023.
Section 11-102-2 of the Code of Alabama 1975 limits all agreements between municipalities and counties for the joint exercise of power or service to a duration of three years. In accordance with the statute, the agreement will expire on July 24, 2026.
Previous Commission action/date:
July 5, 2023 BCC Regular Meeting - Adopted Resolution #2023-148 which approved the Subdivision Regulation and Building Construction Regulation Agreement between the Baldwin County Commission, the Town of Summerdale, and the Planning Commission of the Town of Summerdale, governing the regulation of subdivisions and the regulation of building construction outside the municipality’s corporate limits but within the municipal planning jurisdiction and police jurisdiction.
July 6, 2021 BCC Regular Meeting - Took action to provide notice to the municipalities in Baldwin County that the Baldwin County Commission currently enforces regulations regarding the inspection of construction, building permits and enforcement of the building codes and that as of July 26, 2023, the Baldwin County Commission will enforce these regulations in the areas of Baldwin County outside of municipal corporate limits, unless agreements are reached with the municipalities.
July 6, 2021 BCC Regular Meeting - Took action to provide notice to the municipalities of Baldwin County that the Baldwin County Commission adopted subdivision regulations in 1984 and currently regulates subdivision developments within the unincorporated areas of Baldwin County and that on July 26, 2023, the Baldwin County Commission will begin regulating subdivision developments in all areas of Baldwin County outside municipal corporate limits pursuant to §11-52-30 as modified by Act 2021-297, unless agreements are made with municipalities.
FINANCIAL IMPACT
Total cost of recommendation: N/A
Budget line item(s) to be used: N/A
If this is not a budgeted expenditure, does the recommendation create a need for funding? N/A
LEGAL IMPACT
Is legal review necessary for this staff recommendation and related documents? N/A
Reviewed/approved by: N/A
Additional comments: N/A
ADVERTISING REQUIREMENTS
Is advertising required for this recommendation? N/A
If the proof of publication affidavit is not attached, list the reason: N/A
FOLLOW UP IMPLEMENTATION
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: Frank Lundy, County Engineer
Action required (list contact persons/addresses if documents are to be mailed or emailed): Notify the Town of Summerdale of the County’s determination to renew or not renew agreement.
Additional instructions/notes: N/A