USA - ALABAMA Law and Practice Contributed by: Adam J. Sigman, Crystal H. Walls, Nathan Stotser and Katie Sinclair, Dentons
• setback requirements; and • the use of parcels in designated zones or areas. For certain redevelopments, the Alabama Department of Environmental Management may have recorded restrictions on use, development, etc, into the chain of title of a property. 4.4 Obtaining Entitlements to Develop a New Project Developers typically begin by engaging consult - ants, such as architects and civil engineers, and by contacting the local planning department for guidance on the permitting process. Developers should review the applicable zoning laws and obtain approval from the local zoning official/ department before applying for a building per - mit. Depending on the project, a developer may be required to obtain approval from various munici - pal departments before obtaining building per - mits. If a project requires a change to the zoning code, vacation of road, etc, public hearings are held, and third parties are permitted to com - ment and object. Local professionals, such as civil engineers, may be able to provide guidance on local customs to help navigate this process. 4.5 Right of Appeal Against an Authority’s Decision The process of appealing will differ based on the project and jurisdiction, and interested parties should consult the relevant state and local laws. 4.6 Agreements With Local or Governmental Authorities The process for obtaining permits and approv - als varies between different local governmental authorities and utility companies. Planned unit developments are sometimes used or required
by a local government to facilitate the develop - ment of a project. Interested parties should con - sult the relevant local authority for further details. 4.7 Enforcement of Restrictions on Development and Designated Use The first governmental enforcement mecha - nism for restricting development or designated use of a specific property is for a local planning department to refuse to issue a building permit. After issuance of a building permit, restrictions on development or designated use are enforced by an inspector named by the designated zoning official/administrator. Private parties may also restrict the development or use of real property by creating a restrictive covenant that runs with the land. The Alabama Supreme Court defines a covenant as “an agree - ment or promise of two or more parties that something is done, will be done, or will not be done. In modern usage, the term covenant gen - erally describes promises relating to real prop - erty that are created in conveyances or other instruments”. See Collins v Rodgers, 938 So 2d 379, 385 n 15 (Alabama 2006). In the real property context, restrictive covenants are generally memorialized by: • restrictive language in a conveyance instru - ment; • an express declaration of covenants, condi - tions, and restrictions created by a single property owner; or • an agreement for covenants, conditions, and restrictions agreed to by two or more property owners, all of which may be recorded in the probate office of the county of the encum - bered property.
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