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St. Clair County commission debates new subdivision rules as developers warn of cost, legal risk
Summary
Developers and county legal counsel clashed over proposed subdivision rules that would raise minimum lot sizes to 15,000 sq ft, with speakers saying the change could raise housing costs, jeopardize multi‑phase projects and invite Fair Housing and takings claims; commissioners asked for legal review and signaled a possible 30‑day delay.
St. Clair County commissioners spent the bulk of a work session debating new subdivision regulations after developers and land‑use counsel warned the proposed rules could have major financial and legal consequences.
Developer Rhett Loveman, whose Lakemont Village subdivision uses 6,000‑square‑foot lots with sidewalks and underground utilities, said the proposed 15,000‑square‑foot minimum would force him to cut amenities and raise prices. "The new proposed regulations are 15,000 square foot, which is 2 and a half times more than what I'm currently doing at Lakemont Village," Loveman said, noting that the change would reduce density and could lower county revenue from development.
Martin Evans, who identified himself as general counsel for the Birmingham Homeowners Association and a land‑use practitioner, told the commission that relying too heavily on case‑by‑case variances would produce uncertainty and potential litigation. He cautioned that regulations that ‘‘have the result of increasing lot cost that goes into house cost that makes housing unattainable’’ could raise Fair Housing Act issues and that some provisions may risk regulatory takings or run afoul of constitutional limits. "There is a line that is a very protected line that we've gotta make sure we don't cross," Evans said.
Commissioners and staff also discussed technical permitting questions developers raised about on‑site sewer systems. Loveman explained that an on‑site sewer permit requires approval from the Alabama Department of Environmental Management and a sewer management entity review by the Public Service Commission before a permit can be issued. County staff said the draft regulations include a variance section intended to allow exceptions when appropriate, but developers and counsel said variance standards need clearer, objective criteria.
Several commissioners acknowledged the competing goals: protecting water and stormwater assets, requiring safe road and utility construction in the unincorporated county, and avoiding abrupt rule changes that could bankrupt projects already under way. The chair said the commission is "close to doing something" but recommended sending the draft to the county attorney for legal review and bringing the item back for action at next week's formal meeting or after a short tabling period.
No formal vote was taken at the work session. Next steps identified by commissioners included clearer variance standards, potentially grandfathering certain existing, invested projects, and targeted legal review to identify provisions that could trigger statutory or constitutional challenges.
