Baldwin County revised its subdivision regulations with updates to utility requirements and standards for future developments, which some residents say will encourage developments that support environmental health while others think will lead to environmental damage.

Jay Dickson, who presented the amendments at the Jan. 7 Baldwin County Commission meeting where they were later unanimously approved, said most of the changes are to clarify certain requirements and update language and terminology. He said the amendments came after a period of public comment in October 2024 and a work session Nov. 14, 2024, where residents were also able to comment on the proposed changes.

Before the commission voted to approve the amendments, several residents spoke during a public hearing.

Luke Kiszla, on behalf of Mobile Baykeeper, spoke in support of the changes for their coverage of utility service regulations, as he said he believes "they're a strong move in the right direction." Most of the amendments that stood out to Kiszla were the sections on water quality regulations and low impact development (LID) requirements.

"Mobile Baykeeper, in summary, believes these regulations will advance the health of Baldwin County's waterways and communities, which is a strongly held priority of everyone who lives here," Kiszla said.

A Spanish Fort resident, Christine Sigh, said she thinks the changes are "a wonderful step forward" but that she was concerned they could lead to an increase in developments that could bring on "congested roadways and overcrowded schools" as well as "overloaded water and sewage systems, insufficient power grids and potential environmental damage." She encouraged the commission to "prepare thoughtfully" for the increase in population she expects the amendments to bring.

Michael Taylor, who spoke as president of the Baldwin County Road Builders Association, said that after attending previous meetings for the subdivision regulations he was left with the "burning question of the cost." His concern was whether the changes would create certain costs that would later come back as taxes or charges to the county.

"All we're trying to do is bring (the subdivision regulations) up to a standard that all the other municipalities are doing already," Commissioner Charles Gruber said in response.

Other residents voiced thanks for proposed changes but felt more can potentially be added in the future.

Below is a summary of each of the amendments to the subdivision regulations approved at the Jan. 7 commission meeting:

Section 4.2(a) Family Exemptions – the definition of the term "family division" was updated to include grandparents, grandchildren and step-related individuals to the list of "designated legally related immediate family members."

Section 4.5.1 Plat Application Procedures – utility specifics were added as a requirement to be within Baldwin County's regulations to apply for a plat. Also, the requirement for a gravity sewer on developments over 50 lots has been removed.

Section 4.5.4 Effective Period of Preliminary Plat – changes to this section include the steps to earning a preliminary plat extension. An extension must be requested in writing at least 30 days before the original approval for the preliminary plat expires, and the request must state the reasons (which must be out of the applicant's control) for the extension to be requested.

Section 4.6.1 Final Plat Pre-Application Requirements – this section, which is a new requirement for applying for a final plat, was added upon public request for the issuance of a No Deficiency Letter, which states that no deficiencies remain on the property, from the county engineer or designee within 14 days before applying for a final plat. Also added within this section is an Itemized Engineer's Cost Estimate that must be approved within 14 business days of a completed final plat application.

Section 4.6.5 Final Plat Review – this section was added for a final plat to have no outstanding deficiencies before receiving a certified signature within 30 business days of a complete final plat application. This is to ensure all deficiencies have been corrected before the application is approved.

Table 5.1 Minimum Standards for Subdivisions – the chart was updated to add LID (low impact development) techniques and alternative street section designs among required utilities like underground power, streetlights, water and sewer.

Section 5.2.2 Wetlands and Streams – parts of this section were removed or edited due to public request to improve clarity. Some edits include clarification on wetland boundary approval that comes from the Corps of Engineers and not the county.

Section 5.2.5(c) Sanitary Sewer System – amendments were added to this section to specify utility requirements must meet LID standards. This section also allows the minimum lot width to be reduced to 60 feet.

Section 5.2.5(d) Provisions for Broadband Service – the requirement of installing conduit in developments where broadband service is not currently available has been removed.

Section 5.4(g) Highway Construction Setbacks – the highway construction setback prohibitions have been updated in accordance with the Code of Alabama in its list of permanent structures that are prohibited in the required construction setback. Below-ground swimming pools, decks and porches have all been removed from the prohibited list, and vehicle charging stations have been added to the list.

Section 5.5.7(c) Frontage on Improved Roads – this change was based on comments received from residents concerning developments with 50-plus lots that are adjacent to an unpaved road are only required to pave that road to the last access point to the development unless a 20-foot landscape buffer is built between the development's lots and the unpaved road.

Section 5.5.9 Access to Adjoining Roads – residents requested clarification on this section, which explains that developments with 50 or more lots must have at least two accesses with adequate right-of-way and pavement width. There is also a specification on how no more than 100 lots can be developed without the construction of a second entrance.

Section 5.6 Street Design Standards – clarification was added to state "Alternative Residential Street Section" planning is required for streets with lots that are less than 80 feet wide.

Section 5.11.3 Low Impact Development Techniques (LID) and Green Infrastructure (GI) – upon request from the development community, this section was added to clarify LID and GI standards stating that "the design and integration of LID techniques shall promote the health, safety and general welfare of the community" while working with a development drainage plan designed in accordance with the current Alabama LID Handbook.

Section 5.12.2(d) Method of Calculation for Stormwater Facilities – this method was updated as requested by the public. Rather than only allowing the SCS method, engineers may use Regression Equations (rural or urban) in addition to SCS Method to determine sizing of stormwater facilities, inlet spacing, roadway spread and the sizing of opened and closed pipe network and collection basins.

Section 5.12.2(f) Common Areas and Stabilization – clarification was added to this section on what types of retention/detention facilities are permitted in common areas. This determines if sod or other vegetation is required for stormwater drainage.

Section 5.12.2(i) Stormwater Culverts – this section was added upon request to clarify what to do with existing and proposed stormwater culverts in Baldwin County. This section states that existing culverts should not be submerged and proposed systems can be pressurized and contain submerged culverts and pipes if approved by the county engineer.

Section 5.12.3(d) Method of Calculation for Stormwater Conveyance – this method was updated as requested by the public. The updates include specifications on how to drain basins less than 20 acres (the Rational Method must be used for determining sizing of basins) and basins 20 acres or greater (only Regression Equations and SCS Method can be used to determine size).

Section 5.12.5 Stormwater Management Construction Plan Requirements – changes to this section include edits to the language used as well as the addition of a subsection, which covers the Master Lot Grading Plan, and corresponding figures.

Construction Best Management Practices Plan – this plan was updated to provide clarification requested by the public.

Project Close-Out Procedure – this was updated to include the 14-day approval timeframe for receiving a No Deficiency Letter as requested by the public.

Section 5.16 Special Requirements for RV Parks – this section was updated to remove the requirement for commercial turnout permits for PUD applications. Regulations for roadways within an RV park were also added for clarity, confirming that for campgrounds with fewer than 25 sites may use "compacted gravel with acceptable containment" rather than asphalt or concrete.

Section 6.1.2 Open Space Requirements – This section was updated upon request to clarify and add requirements for calculating open space in new developments. Subdivisions were the only type of development to adjust open space requirements as PUDs and PRDs will continue to have the current set formula.

Section 6.1.4 Open Space Design Requirements – design requirements were updated and reduced as requested by the public. According to the new requirements, open space could be considered "usable" in a development if there is a centrally located community gathering area/play space that accommodates active and passive recreational activities. Otherwise, open space must be open (not including areas with rights-of-way, driveways, off-street parking areas, off-street loading areas or other impervious surfaces that are not designed for recreational use.

Section 6.2 Landscaping & Buffers – as requested, this section was updated to remove street tree requirements and the design requirements for landscaping.

Administration and Enforcement – this section was updated to clarify violation consequences, issuance and enforcement procedures.