AGO 1996-144.

• Case Date: February 28, 1996
• Court: Alabama

Alabama Attorney General Opinions 1996. AGO 1996-144. 1996-144February 28, 1996Honorable Steve McMillan Member, House of Representatives P. O. Box 337 Bay Minette, AL 36507 Municipalities - Planning Commissions - Subdivisions - CountiesThe municipal and county governing bodies are the proper entities to enter into agreements regarding jurisdictional authority over proposed subdivisions pursuant to Code of Alabama 1975, _ 11-24-6.Dear Representative McMillan: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTIONS (1) Does the municipal governing body have the authority to enter into an agreement with the county governing body as to the exercise of jurisdictional authority over proposed subdivisions and issuance of building permits? (2) Does Code of Alabama 1975, _ 11-24-5 require a municipal planning commission to relinquish its jurisdiction, or can the governing body do so with or without the approval/consent of the municipal planning commission? (3) Does the fact that a municipality was not incorporated and therefore had no organized and functional planning commission until several years after the effective date of the Code section in question, have any influence over the implementation of Code of Alabama 1975, _ 11-24-5? FACTS AND ANALYSIS Your request states that the need for subdivision regulation has become critical in Baldwin County, and you cite Local Act No. 73-1095, which grants to the county, by local act, control over subdivisions, for our consideration. You note that the county governing body has entered into agreements with the municipalities regarding the exercise of planning jurisdictions in accordance with Code of Alabama 1975, _ 11-24-6, and we assume that such agreements have also taken into account the provisions of Code of Alabama 1975, _ 11-52-30, et seq. (municipal control of subdivisions) and Local Act No. 73-1095. Code of Alabama 1975, _ 11-24-6 reads as follows: "_ 11-24-6. County and municipality agreement as to exercise of jurisdiction. "It is the intent of the legislature that all proposed subdivisions be subject to regulation, and counties and municipalities affected by provisions of this chapter shall have authority to reach and publish agreement as to exercise of jurisdictional authority over proposed subdivisions, which...