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St. Clair County moves to adopt subdivision rules pending attorney review after heated debate
Summary
St. Clair County commissioners voted June 23 to move forward with proposed subdivision regulations as presented, sending the draft to the county attorney for final language and noting a 30‑day post‑adoption waiting period; the decision followed extended public testimony and legal and industry input about lot sizes, private sewer systems and grandfathering.
St. Clair County commissioners voted on June 23 to advance a proposed set of subdivision regulations and sent the draft to the county attorney for review, with final adoption subject to the attorney’s recommended edits and a 30‑day waiting period before the rules take effect.
The move came after hours of public comment and testimony from legal and industry representatives. Judge and state representative Jim Hill urged the commission to include clear language about private sewer systems so the county would not be obligated to remediate failures but could declare a public health nuisance and seek cost recovery from developers, operators or homeowners in extraordinary cases. “I want our rules and regulations to be very, very clear that if you act, you act on your own volition,” Hill said, adding that abatement costs should be chargeable back to responsible parties if the county must intervene.
The commission’s vote to proceed "as presented" followed advice from the county engineer and a long public record of concern about carrying capacity, infrastructure and rural character. Several speakers from the development and homebuilding community urged more targeted changes rather than a single, county‑wide minimum lot size. Martin Evans, general counsel for the Greater Birmingham Home Builders Association, said a uniform 15,000‑square‑foot minimum would raise development costs and could make housing less affordable, and urged the commission to grandfather setbacks and lot features for projects already underway.
Supporters of subdivision controls framed the package as an incremental step short of full zoning. The chair said the county is trying to manage rapid growth without imposing zoning, and emphasized balancing safety, infrastructure capacity and property rights. The commission emphasized the draft will be refined during county attorney review and that any final adoption will follow the statutory notice and waiting period.
Next step: county attorney review and possible amendments. If accepted, the final regulations would be published and become effective 30 days after formal adoption.
