County Commission | The Magazine June 2017 | Page 21

FROM THE COVER
What is the Alabama Limited
Self-Governance Act?
T
he Alabama Limited Self-
Governance Act (Ala. Code §
11-3A-1 et seq.) deals with nuisance
abatement in the unincorporated
portion of a county in the following
defined areas only:
Weeds, Junkyards, Litter and
rubbish, Noise, Pollution,
Unsanitary sewage, Animal control
I THOUGHT “HOME RULE”
INCLUDED TAXING AUTHORITY.
This law does not include any
authority in the two areas usually
associated with the term “home
rule” – the authority to levy taxes or
the authority to establish a planning
and zoning program. In fact, the law
specifically prohibits this authority in
two separate places:
+ Ala. Code § 11-3A-2(d)(1) states
the powers granted to a county
commission under this law shall
not include “The authority of a
county to levy or collect any tax,
to levy or collect any fee except
an administrative fee as provided
in this chapter, or to implement
a county land use plan or to
establish and enforce planning
and zoning.” (emphasis added)
+ Ala. Code § 11-3A-2(f ) states,
“Nothing in this chapter shall be
construed to grant the county
commission of a county any
general authority to establish or
adopt a comprehensive plan for
zoning or land use regulation in
the unincorporated areas of the
county or to grant any taxing
authority except as otherwise
provided for by law.”
WHAT HAPPENS IF THE
REFERENDUM PASSES?
If the referendum passes, the
commission will then enter into a
process of adopting “ordinances” to
implement the act.
+ Any proposed ordinance must
be advertised and subject to
public hearings before passage.
+ All proposed ordinances must be
voted on at a regularly scheduled
county commission meeting.
HOW DO THE ORDINANCES WORK?
The law sets out specific
requirements for what must be
included in ordinances and how
ordinances can be enforced.
+ All ordinances must include
provisions for notice to those
accused of violating the
ordinances.
+ All ordinances must include an
appeals process allowing review
by the county commission before
a matter goes to any court of law.
+ Once a violation has been
established, the commission
will take steps to respond to
any nuisances as set out in the
ordinance.
WHERE DOES THE COMMISSION
HAVE AUTHORITY TO TAKE ACTION?
The law specifically prohibits the
county from taking any actions
inside a city’s limits, without
permission of city leaders. The
concept of this law is that the
commission should only exercise
these powers in the unincorporated
areas of the county.
IS THERE PROTECTION FOR FARMS,
CITIES OR INDUSTRY?
The list of actions the commission
cannot take under the law is actually
much longer than the list of powers
that can be exercised. Ala. Code §
11-3A-2(d) prohibits the county
commission from taking actions
against any of the following:
Any business activity that is
regulated by:
Ê Alabama Public Service
Commission;
Ë Alabama Department of
Environment Management;
Ì Department of Agriculture
and Industries.
Any action affecting:
Ê Public schools
Ë Courts
Ì Gambling
Í Municipalities
Î “Private or civil relationships”
Ï Utilities
Ð Existing agricultural,
manufacturing, or industrial
operations
Ñ Property Rights
Ò Mining operations
WHAT ABOUT THE FEES?
Pursuant to Ala. Code § 11-3A-3(d),
the county commission cannot
charge a fee that is more than the
“actual” cost of providing a service.
The law also clearly states that the fee
cannot be charged against a property
or person to which the service is not
made available.
COUNTY COMMISSION | 21