2023 Code of Alabama
Title 11 - Counties and Municipal Corporations.
Title 3 - Provisions Applicable to Counties and Municipal Corporations.
Chapter 106 - Military Land Use Planning.
Section 11-106-6 - Encroachment or Adverse Effect Upon Military Operations, etc.; Application and Documentation Requirements; Approval by Local Government.
Section 11-106-6
Encroachment or adverse effect upon military operations, etc.; application and documentation requirements; approval by local government.
(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 readiness of any military installation or branch of military.
(b) A local government, prior to approving an application for the construction of a tall structure shall require the applicant to file an application with the Federal Aviation Administration under 49 U.S.C. § 44718, and provide 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).
(c) 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) 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 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) Notwithstanding subsection (d), 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) 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 designee to facilitate resolution of the dispute.
(g) 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.
(Act 2021-114, §2.)
