ISSUE
COM‐2
Enhanced Planning Notification for Maxwell AFB
The existing process for planning notification between the
City of Montgomery and Maxwell AFB needs to be expanded
to allow for earlier involvement by affected stakeholders
and notification of land use planning actions, e.g. zoning
changes, variances, etc., in the planning and development
process.
Early notification is a valuable practice to implement in the public planning
process as it allows for modifications of plans earlier in the process where
opportunities for cost and operational efficiencies can be realized by the
local governments, the development community, and the military. Equally
important to land use planning with any military installation and developer is
having a defined set of components that would trigger communication and
coordination early in the planning process.
matters between the development community, jurisdictions, and military
could result in cost prohibitive changes to plans and possibly even missed
economic opportunities.
Compatibility Assessment
The concern with the law as it is currently is two‐fold—the area for which
notification is required could be inadequate based on the mission
requirements and there is no requirement of early coordination with the
military. The law states notification from a jurisdiction to a military
installation within two miles of its boundaries is required of a proposed
zoning plan change, comprehensive master plan or land development
regulations. There are certain military operations that can affect land uses
beyond the two mile requirement outside of the installation boundaries,
which means the jurisdiction is not required to notify the military
installation. This could result in adverse military mission and community
activity impacts.
Current coordination activities between Maxwell AFB and the City of
Montgomery are guided by the Alabama Military Land Use Planning Act,
which requires local governments within two miles of a military installation
to notify the military on proposed local impact issues. The law establishes a
30‐day review period for the military to submit comments to the local
jurisdiction on potential impacts of the action on the military mission prior
to final action or public hearing on the proposed change or action. In addition, the law does not consider the impact of late notification in the
planning process. The law requires the jurisdiction to allow 30 days for
military review and comment prior to final actions, which means the
proposed land use change package can be delivered to the military 30 days
in advance of a public hearing. The law does not require the jurisdiction to
submit the application to the military for review, which could result in cost
impacts to the developer and jurisdiction should an impact be determined
by the military.
The concern about this part of the law is that this coordination is only
required 30 days prior to final action is taken by any jurisdiction, which is
late in the process. The plans have been developed without consideration
of impacts to the military mission in the area or consideration of impacts on
the development by the military. Thus, if the military determined an issue
with a proposed local impact issue, then it can become costly for the
developer to change plans and / or for the jurisdiction to change plans.
Ultimately, the lack of early coordination and communication of planning According to the draft MOU between the cities of Millbrook, Montgomery,
and Prattville; the counties of Autauga, Elmore and Montgomery; and
Maxwell AFB, there are enhancements to coordination in the agreement
including expanding the area around Maxwell AFB from two miles to five NM
to be consistent with the FAA guidance regarding the approach and
departure operations that occur at the airfield. This is a good measure in
realizing the law is inadequate relative to the mission‐specific requirements.
June 2017
Background Report
Page 5‐25