Planning commission approves Magnolia Glen preliminary plat; final plat held pending ADEM permit

The Baldwin County Planning and Zoning Commission on Sept. 4 granted preliminary plat approval for Magnolia Glen (case SPP25-06) but conditioned later steps on state approval of expanded wastewater treatment capacity.

Planning staff told the commission that the Alabama Department of Environmental Management (ADEM) has not issued any new permit authorizing an expansion of capacity at the Fort Morgan wastewater treatment plant, and that staff’s capacity concerns relate primarily to peak summer flows. "As of today, staff can say that we have reached out to ADEM, and we have been notified that no new information regarding a permit expansion for the treatment plant has been issued to date," said Miss Waters, planning staff, during the commission’s discussion.

The commission’s action allows the developer to move forward with the preliminary plat sequence but bars final plat approval and any on-site construction that would require local, state or federal permits until required approvals are in hand. Planning staff cited Baldwin County Subdivision Regulations §4.5.7, which the county enforces to prevent construction before all required permits are issued.

The developer’s representative, Dwayne Smith of Anchor Engineering, said the permit review and plan-submittal process before ADEM can take “easily 5, 6 months.” Smith asked the commission to allow the application to proceed through the local review so that platting and design work can continue while the ADEM review runs.

Jerry McManus, a Baldwin County Sewer representative, described how the collection system and treatment plant operate and explained the distinction staff had raised between constructed capacity, permit capacity and short-term surge capacity. "The constructed capacity is there. We're waiting on a permit," McManus said. He also provided operational figures: "Our average flows are under 900,000 gallons per day for the year, and we had 6 days where we exceeded our permitted capacity for the past 12 months." McManus said the county filed the initial permit application on June 30, 2023, submitted a most-recent revision in August and expected additional comments from ADEM within about three to four months.

Commission staff and counsel clarified that the county may condition preliminary plat approvals when state or federal permits are outstanding but that construction may not proceed until those permits are issued, per the subdivision regulations. The commission relied on that regulatory framework in approving the preliminary plat with staff conditions.

The commission approved the preliminary plat by roll-call vote, 4–3. The approval permits the developer to continue through the county’s platting process but explicitly prevents final plat recordation and construction until the developer obtains required state permits and demonstrates sewer capacity in accordance with applicable regulations.

Next steps: the developer must pursue ADEM approval for increased permit capacity for the Fort Morgan plant, submit any required plans to Baldwin County staff and comply with the county’s subdivision regulations and conditions before any final plat or construction approvals are issued.