Shelby County, Alabama

Imposes restrictions on noise levels and property maintenance standards to prevent conditions deemed a public nuisance, including unsafe buildings.

Enforced by the Shelby County Department of Development Services.

applies when — Parcels not connected to public sewer systems

Requires permits and compliance with health and sanitation standards for on-site sewage disposal systems.

Regulated under Shelby County Land Development Regulations.

Authorizes the county to regulate or abate structures deemed public nuisances or unsafe, imposing maintenance obligations on property owners.

Shelby County Unsafe Buildings Ordinance.

Requires compliance with county sanitation regulations for sewage disposal and waste management, often necessitating health department permits for on-site systems.

Shelby County Sanitation Regulations, administered by the Department of Development Services.

applies when — Parcels located within designated floodplain areas

Requires specific development permits and adherence to construction standards to mitigate flood risk as managed by the Department of Development Services.

Regulated under Shelby County Land Development Regulations.

applies when — Applies to the division of land into two or more lots, tracts, or parcels

Requires submission of a survey and detailed lot description to the Shelby County Planning Commission for review and approval, followed by recording in the Probate Court.

Maintained by the Shelby County Department of Development Services.

Tax is calculated by multiplying the assessed value (Class II: 20%, Class III: 10% of fair market value) by the local millage rate. Taxable assessed value for Class II and III is subject to a 7% annual growth cap (Act 2024-344) effective through Oct 1, 2027, resetting upon sale or significant improvement. Homestead exemptions are available for owner-occupants.

Annual assessment cycle; assessment filings required Oct 1–Dec 31.

applies when — Parcels located within organized rural fire protection districts or municipal utility authority service areas across Shelby County

Parcels within defined fire protection service districts (e.g., Cahaba Valley Fire District, North Shelby Fire District) are subject to special district ad valorem millage levies or mandatory annual fire dues/fees collected either on the county property tax bill or via direct assessment. Non-payment results in statutory liens securing unpaid emergency service assessments against the real parcel.

Ala. Code Title 45 (Shelby County Local Laws); authorized under Title 35/40 special district statutes

applies when — Parcels conducting open outdoor burning or land clearing within Shelby County

Imposes seasonal and air quality open burning restrictions. Under Alabama Department of Environmental Management (ADEM) regulations (Ala. Admin. Code r. 335-3-3), open burning of household waste and vegetative debris is restricted, and open burn bans are routinely imposed in Shelby County during summer ozone seasons (typically May through October) and during severe drought declarations. Non-agricultural/commercial burn operations require burn permits from the Alabama Forestry Commission.

Ala. Admin. Code r. 335-3-3; Ala. Code § 9-13-11 et seq.

applies when — Parcels containing structures deemed structurally deficient, dilapidated, abandoned, or posing imminent danger to public safety

Authorizes the Shelby County Commission and Development Services inspectors to inspect, issue abatement notices, and condemn unsafe structures. If the property owner fails to repair or demolish the unsafe structure within the prescribed statutory notice window, the County has authority to demolish or secure the structure, with all incurred abatement and demolition costs assessed as a special tax lien against the real property parcel, enforceable on the annual county tax roll.

Shelby County Unsafe Buildings Being a Public Nuisance Ordinance; Ala. Code Title 45 (Shelby County)

applies when — Parcels in unincorporated Shelby County within zoned planning districts seeking residential building permits or driveways

Enforces minimum parcel lot sizes, maximum building heights, lot coverage restrictions, and front, side, and rear yard building setback requirements. Parcels must have direct frontage onto a dedicated and maintained county road or approved private access easement conforming to Shelby County Highway Department engineering standards. Direct driveway connections require county right-of-way work permits to verify line-of-sight safety and proper culvert sizing for roadside drainage preservation.

Shelby County Zoning Regulations; Act No. 82-693 as amended by Act No. 84-454

applies when — Residential parcels not connected to municipal or public sanitary sewer systems relying on on-site wastewater treatment

Under Alabama Department of Public Health (ADPH) rules administered locally by the Shelby County Health Department, installation, repair, or expansion of an on-site septic system requires a site evaluation, soil percolation/morphology testing, and an ADPH-issued Permit to Install followed by a final Inspection and Permit to Operate. Sets strict minimum setback distances from property boundaries, dwellings, water wells, and surface waters, and restricts lot sizing to ensure adequate primary absorption and 100% reserve drainfield areas.

Ala. Admin. Code r. 420-3-1 (Onsite Sewage Treatment and Disposal); Shelby County Environmental Health

applies when — Parcels located entirely or partially within designated FEMA Special Flood Hazard Areas (Zones A, AE, AH, AO)

Mandates that all proposed residential development, new construction, substantial improvements (costing 50% or more of market value), and fill obtain a Floodplain Development Permit from Shelby County Development Services. Residential structures must elevate lowest finished floor levels at or above the Base Flood Elevation (BFE) plus local freeboard requirements, require elevation certificates certified by a registered engineer or surveyor, prohibit encroachments in designated floodways that increase water surface elevation, and trigger mandatory flood insurance purchase for federally backed financing under the NFIP.

Shelby County Floodplain Development Ordinance; 44 CFR Emergency Management and Assistance Part 60

applies when — Parcels being divided into two or more lots, tracts, or sites, or requiring right-of-way dedication outside incorporated municipal jurisdiction

Requires formal boundary survey, design compliant with Shelby County Subdivision Regulations, development review, and approval of preliminary and final plats by the Shelby County Planning Commission prior to any parcel division, conveyance, or building permit issuance. Approved plats must be formally recorded in the Office of the Judge of Probate of Shelby County. Standards mandate dedication and construction of minimum roadway rights-of-way, stormwater drainage facilities, utility easements, and lot configuration requirements.

Act No. 82-693 as amended; Shelby County Subdivision Regulations administered by Department of Development Services

applies when — Residential parcels subject to a recorded mortgage containing a power of sale following uncured borrower default

Mortgagees exercising the power of sale must publish notice of foreclosure sale once a week for three consecutive weeks in a newspaper published in Shelby County prior to the auction date. Foreclosure sales must be conducted as public auctions at the Shelby County Courthouse door in Columbiana between statutory legal hours (11:00 AM and 4:00 PM). Mortgagors have a statutory right of redemption for up to one year (or 180 days for mortgages executed on or after Jan 1, 2016, if homestead property) under Ala. Code § 6-5-248, contingent on surrendering possession within 10 days of written demand.

Ala. Code § 35-10-1 et seq.; Ala. Code § 6-5-248 et seq.

Under Alabama Code § 40-8-1, residential owner-occupied real property is assessed as Class III at a statutory assessment ratio of 10% of fair market value (non-owner-occupied/commercial property is assessed at Class II at 20%). Property taxes are calculated as: Gross Tax = Assessed Value (Fair Market Value x Assessment Ratio) x Total Millage Rate (where 1 mill = $0.001 per dollar of assessed value). Total millage is composed of the County base rate (7.5 mills general county), Statewide property tax (6.5 mills), County School district tax (typically 30.0 mills for the Shelby County School District), and municipal/special fire district millages where applicable. Available exemptions include statutory Homestead Exemption 1 (H-1) providing up to $4,000 assessed value reduction for state taxes and $2,000 for county taxes for owner-occupied primary residences, as well as age 65+ and permanent

Ala. Code § 40-8-1; Ala. Code § 40-9-19 et seq.; administered annually by the Shelby County Property Tax Commissioner

≈ $37,100/yr on a $371,000 median

applies when — Eligible Class III property (agricultural, forest, or historic)

Allows property to be taxed based on its current use value rather than fair market value, potentially reducing the tax burden. Conversion to a non-qualified use triggers revaluation and potential back-tax liability.

Code of Alabama 1975, §§ 40-7-25.1, 40-7-25.2, 40-7-25.3.

applies when — Parcels located within a planned community governed by the Alabama Homeowners' Association Act

The association holds a statutory lien on the lot for unpaid assessments from the date they become due. This lien has priority over later encumbrances, excluding state/county ad valorem taxes and prior mortgages.

Alabama Homeowners' Association Act, effective January 1, 2016 (Ala. Code § 35-20-12).

Lenders may conduct non-judicial foreclosures if the mortgage contract includes a power-of-sale clause. There is a statutory six-month right of redemption for residential property following a foreclosure sale.

Governed by Alabama Code § 40-10-122 and related mortgage statutes.

Property is assessed at 10% of its fair market value. The tax liability is calculated by multiplying the assessed value by the local millage rate. A standard homestead exemption applies to the 6.5 mill statewide property tax on the first $4,000 of assessed valuation.

Governed by Alabama Constitution and Code of Alabama 1975, Title 40.

≈ $37,100/yr on a $371,000 median

applies when — Parcels located within a development governed by a homeowners' association

Imposes governance structures, assessment obligations, and restrictive covenants as defined by the association's declaration and bylaws.

Alabama Code Title 35, Chapter 20.

Lenders may conduct non-judicial foreclosures. Notice of the sale must be provided in the county where the land is located. Lenders must mail a notice regarding the right to redeem the home at least 30 days before the sale.

Alabama Code Title 35, Chapter 10, Article 1A.

Residential property is classified as Class 3 and assessed at 10 percent of its fair market value. A standard homestead exemption applies to the 6.5 mill statewide property tax on the first $4,000 of assessed valuation.

Governed by Alabama Constitution and administered by the Alabama Department of Revenue.

applies when — Residential parcel not served by a public or centralized municipal sanitary sewer collection system.

Mandates that parcels rely upon permitted onsite sewage treatment and disposal systems (septic tanks). Prohibits any dwelling construction, occupancy, or transfer without an unrevoked Approval of Installation and Permit to Operate issued by the Alabama Department of Public Health through the local county health department. Restricts parcel lot density, soil absorption fields, setbacks to property lines and wells, and mandates reserve replacement drainfield areas.

Ala. Code § 22-26-1 et seq.; Ala. Admin. Code r. 420-3-1.

applies when — Residential parcel containing target housing constructed prior to 1978.

Requires property owners and contractors conducting disturbance or renovation activities impacting more than de minimis surfaces (6 sq ft interior or 20 sq ft exterior) to follow lead-safe work practices and utilize state-accredited lead renovators under the Alabama Department of Public Health (Safe State program). Sellers and landlords are required to provide buyers/tenants the state-monitored lead hazard information pamphlet and disclose known lead paint records.

Ala. Code § 22-37A-1 et seq.; Ala. Admin. Code r. 420-3-27.

applies when — Residential real property situated outside incorporated municipal limits but within the municipality's designated extraterritorial planning jurisdiction (typically 1.5 to 5 miles of the corporate line based on municipal population class).

Subjects unincorporated parcels to municipal planning commission subdivision regulations, access standards, lot layout requirements, right-of-way dedications, and utility connection mandates even though the parcel does not receive municipal services or pay municipal property taxes.

Ala. Code § 11-52-30 et seq.

applies when — Residential parcel located within the designated Coastal Zone boundaries of Mobile or Baldwin Counties below the continuous 10-foot contour line.

Subject to state-level environmental and construction permitting overseen by the Alabama Department of Environmental Management (ADEM) under Division 8 regulations. Prohibits construction seaward of the coastal construction control line, strictly regulates shoreline armoring/bulkheads, requires beach and dune protection permits, and limits impervious surfaces and wetland fill, superceding local zoning allowances.

Ala. Code § 9-7-10 et seq.; ADEM Administrative Code r. 335-8-1-.01 et seq.

applies when — Residential parcel created as a condominium unit under a master deed/declaration.

Imposes statutory covenants runs with the land, allocates common expense liabilities to individual units, and establishes an automatic statutory lien against the residential parcel for unpaid common expense assessments without requirement of separate court action. Liens have statutory priority over subsequent encumbrances (subject to first mortgages) and allow foreclosure under power-of-sale mechanisms.

Ala. Code § 35-8A-101 et seq. (Alabama Uniform Condominium Act of 1991).

applies when — Residential parcel located within a subdivision governed by a recorded Declaration of Covenants, Conditions, and Restrictions with a mandatory-membership HOA formed on or after January 1, 2016 (or older HOAs that opted in).

Binds the parcel to the recorded declaration, bylaws, and mandatory maintenance assessment charges. Under Chapter 20, recorded declarations establish a lien on the parcel for unpaid assessments, late fees, and enforcement costs upon recording a statement of lien in the county probate office. Regulates HOA board fiduciary operations, annual disclosures, and architectural rules directly binding exterior parcel improvements.

Ala. Code § 35-20-1 et seq. (enacted via Act 2015-292, effective January 1, 2016).

Grants the mortgagor a post-sale statutory right to buy back the property from the foreclosure sale purchaser by paying the purchase price plus lawful interest, insurance, taxes, and permanent improvements. For residential properties where a homestead exemption was claimed in the tax year of the sale and mortgages originated on or after January 1, 2016, the redemption period is 180 days (6 months), provided the lender gave 30 days pre-sale notice of the right. For all other properties or older mortgages, a 1-year statutory redemption period applies. The debtor must surrender possession within 10 days of written demand or forfeit redemption rights.

Ala. Code §§ 6-5-248 through 6-5-251.

applies when — Residential mortgage or deed of trust containing an express power-of-sale clause upon borrower default.

Permits lenders to execute a non-judicial foreclosure without filing a court action. The foreclosing entity is required by state statute to publish notice of the foreclosure sale once a week for three consecutive calendar weeks in a newspaper published in the county where the real property is located. State statute does not require direct personal service or mailed notice to the debtor of the sale itself (though underlying mortgage contracts and 2016 statutory redemption notices mandate pre-sale mailings).

Ala. Code § 35-10-13.

Alabama is one of the few strict 'caveat emptor' (buyer beware) jurisdictions for residential real property transfers. Sellers are not subject to a general statutory mandate to provide a comprehensive property condition disclosure form. However, common law and statutory exceptions bind every parcel seller to disclose: (1) known latent defects that pose a direct risk to health or safety and cannot be discovered by reasonable buyer diligence, (2) direct responses without misrepresentation if asked specific condition questions, and (3) fiduciary or confidential relationship duties.

Established in Alabama common law (e.g., Blaylock v. Cary, 709 So. 2d 1128; Fennell Realty Co. v. Martin, 529 So. 2d 1003); codified licensing boundaries at Ala. Code § 34-27-36.

applies when — Single-family dwelling and parcel not exceeding 160 acres owned and occupied by the taxpayer as their primary residence on October 1 of the tax year.

Exempts up to $4,000 in assessed valuation from the 6.5 mill state ad valorem tax levy (providing a maximum direct state tax reduction of $26.00). Formula: Adjusted State Tax = Max(0, (Assessed Value - $4,000)) × 0.0065. Also provides a basic county exemption of up to $2,000 in assessed value for county taxes (excluding county school taxes). Additional full state/county exemptions exist for owners who are 65+ with qualifying net taxable income or permanently and totally disabled.

Ala. Code §§ 40-9-19 through 40-9-21.

Establishes a baseline 6.5 statewide millage rate ($0.0065 per dollar of assessed value) under Ala. Code § 40-8-1 and the Alabama Constitution. Single-family owner-occupied residential properties are classified as Class III with an assessment ratio of 10% of appraised fair market value (FMV). Formula: Assessed Value = Appraised FMV × 0.10. Unadjusted Tax = Assessed Value × Millage Rate (State 6.5 mills + County/Municipal/School millage). Class III residential property is also constitutionally protected by a statewide lid bill capping aggregate ad valorem tax levies at 1.0% of fair market value.

Ala. Const. art. XI, § 214; Ala. Const. Amend. 373 (the 'Lid Bill'); Ala. Code § 40-8-1.

≈ $37,100/yr on a $371,000 median