HB329INTRODUCED
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HB329
RJGPMYM-1
By Representatives Starnes, Rehm, Paschal
RFD: County and Municipal Government
First Read: 25-Feb-25
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5 RJGPMYM-1 01/30/2025 ZAK (L)ZAK 2025-244
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First Read: 25-Feb-25
SYNOPSIS:
Existing law provides that a tall structure may
not have an adverse impact on the operations of a
military installation.
Existing law also requires a local government,
before approving a tall structure near a military
installation, to notify the Federal Aviation
Administration; however, the governing body of counties
do not have a uniform process in place requiring
approval of constructing these tall structures.
This bill would require a person seeking to
construct a tall structure within a minimum distance of
a military installation to receive approval from the
local government before construction may begin.
This bill would authorize a local government to
seek enjoinment of the construction of a tall structure
if prior approval was not granted.
This bill would also make conforming changes.
A BILL
TO BE ENTITLED
AN ACT
Relating to military installations; to amend Sections
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Relating to military installations; to amend Sections
11-106-4 and 11-106-6, Code of Alabama 1975, to require
persons to obtain the approval of a local government before
constructing a tall structure within a certain distance of a
military installation; to authorize local governments to seek
enjoinment of the construction of a tall structure in certain
circumstances; and to make conforming changes.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 11-106-4 and 11-106-6, Code of
Alabama 1975, are amended to read as follows:
"§11-106-4
(a) Each local government whose territorial boundaries
are within two miles of all or any portion of a military
installation shall provide written notice to the military
installation's commanding officer and the flying mission
commanding officer if applicable, or their designees, of any
local impact issue.
(b) Prior to approving any proposed tall structure or
wind energy facility, the local government shall follow the
requirements of Section 11-106-6. The requirements of Section
11-106-6 shall apply regardless of the distance of the tall
structure or wind energy facility from any military
installation and regardless of whether the local government’s
territorial boundaries are within two miles of all or any
portion of a military installation. "
"§11-106-6
(a) The construction or operation of any tall structure
or wind energy facility in this state shall not encroach upon
or otherwise have an adverse impact on military operations and
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or otherwise have an adverse impact on military operations and
readiness of any military installation or branch of military.
(b) A person may not commence the construction of a
tall structure within two miles of a military installation
unless the person has obtained approval from the governing
body of the local government in which the tall structure will
be located as further provided in this section.
(b)(c) A governing body of a local government , prior to
approving an application for the construction of a tall
structure shall may not approve an application to commence
construction of a tall structure within two miles of a
military installation unless require the applicant to file has
filed an application with the Federal Aviation Administration
under 49 U.S.C. § 44718, and provide provided the governing
body of the local government either of the following:
(1) A written "Determination of No Hazard to Air
Navigation" issued by the Federal Aviation Administration
pursuant to 14 C.F.R. Part 77, Subpart D.
(2) In coordination with any affected military
installation and the state Military Department, a written
determination resolving any adverse impact to military
operations identified during the aeronautics study conducted
pursuant to 14 C.F.R. Part 77, Subpart D.
(3) The tall structure shall be in compliance with
subsection (a) even if the local government either does not
require an application prior to the construction of a tall
structure or does not require the application outlined in this
subsection if the applicant has otherwise complied with the
requirements of subdivision (1) or (2).
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requirements of subdivision (1) or (2).
(d) A local government may bring an action for
injunctive relief against any person that commences the
construction of a tall structure without obtaining prior
approval as required pursuant to this section.
(c)(e) A local government considering an application
for the construction of a wind energy facility shall require
the applicant to provide the following at least 270 days prior
to planned construction:
(1) Documentation that the owner or applicant has
transmitted notice relating to the construction of the wind
energy facility to the Department of Defense Siting
Clearinghouse, the state Military Department, and the state
Department of Transportation.
(2) A map showing the specific location and tower hub
height with rotor diameter for each proposed wind turbine.
(3) Documentation that the facility owner has either
initiated an informal review with the Department of Defense
Siting Clearinghouse under 32 C.F.R. § 211.7 or filed for a
formal review with the Secretary of Transportation and the
Federal Aviation Administration pursuant to 49 U.S.C. § 44718.
(d)(f) A local government may not approve an
application for the construction of a wind energy facility
prior to receiving documentation of one of the following:
(1) A completed Department of Defense Siting
Clearinghouse informal review resulting in a determination of
no presumed risk.
(2) A mitigation agreement between the owner or
applicant and the Department of Defense Siting Clearinghouse
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applicant and the Department of Defense Siting Clearinghouse
resolving any notice of presumed risk.
(3) A written "Determination of No Hazard to Air
Navigation" issued by the Federal Aviation Administration
pursuant to 14 C.F.R. Part 77, Subpart D.
(e)(g) Notwithstanding subsection (d) (f), a local
government may approve an application for the construction of
a wind energy facility conditioned upon the applicant
providing documentation of one of the requirements set out in
subsection (d) (f).
(f)(h) If any dispute arises between a local government
and an applicant or military installation relating to the
approval of any tall structure or wind energy facility, the
local government shall provide notice to the Governor or the
Governor’s Governor's designee to facilitate resolution of the
dispute.
(g)(i) A local government may not require any other
formal written approval from a military installation to
approve an application for the construction of a tall
structure or wind energy facility."
Section 2. This act shall become effective on October
1, 2025.
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