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St. Clair County work session: developers warn 15,000-sq.-ft. minimum could stall projects as commission weighs legal review
Summary
Developers and homebuilders told the St. Clair County Commission that proposed subdivision rules raising minimum lot sizes to 15,000 sq. ft. and tightening septic, right-of-way and flood protections could make ongoing projects unaffordable. Commissioners discussed legal review, variances and limited grandfathering but took no formal vote.
At a St. Clair County Commission work session, developers urged commissioners to reconsider parts of a draft set of subdivision regulations that would, they said, raise costs and delay projects already under way.
Rhett Leman, a developer and the land-development committee chair for the Greater Birmingham Association of Homebuilders, told the commission the proposed minimum lot size of 15,000 square feet is two-and-a-half times the 6,000-square-foot lots he has built at Lake Mont Village and would force him to drop amenities such as sidewalks and underground utilities. “If we move to a 15,000 square-foot minimum … some of those things are going to be sacrificed and people won’t pay you for as much,” Leman said.
Martin Evans, general counsel for the Greater Birmingham Homebuilders Association, framed the risk in legal terms: while counties may adopt subdivision rules to protect public health and safety, the county must avoid conditions that are disproportionate to a development's impact or that unintentionally bar lower-cost housing. “If the regulations have the result of making housing unattainable, that could raise fair-housing concerns,” Evans said, urging clearer variance standards and protections for multi-phase projects.
County Engineer Dan Daly and other commissioners emphasized environmental and infrastructure concerns that prompted stricter rules, including stormwater runoff, stream discharge permitting with the Alabama Department of Environmental Management and the need for right-of-way to accommodate fiber and utilities. Daly said some of the stricter provisions respond to documented problems with runoff, failed pipes and unplanned development in the unincorporated county.
Commissioners debated next steps: some favored adopting the regulations and sending them to legal review before publication; others urged tabling the item for 30 days so staff and counsel could work out grandfathering language for projects with prior engineering or recorded plats. No formal vote was recorded during the work session. Chair Sharon summarized the balancing act: the county wants to protect rural character and municipal systems while allowing responsible growth, and she urged legal review before any final action.
What happens next: commissioners said they will consider moving the draft forward at the next regular meeting but want explicit legal guidance on vesting for phased projects, clear variance standards, and whether any specific ongoing projects should be grandfathered so developers who have invested significant sums are not left unable to complete work.
Discussion points from the session include: a) the 15,000-square-foot minimum and its interaction with septic-system rules and on-site sewer permits; b) the county's built-in variance process and whether it provides predictable relief; c) how to define what counts as a filed or vested plat; and d) potential economic impacts on lot prices, county revenues and affordable housing availability.
No ordinance was adopted during the work session. Commissioners indicated they will forward the draft to legal counsel and may place a motion on the agenda at the next meeting to table or move the document for formal publication only after counsel's review.
