On December 7, 1998, the Montgomery County Commission adopted a resolution governing lot size for development of subdivisions located outside the legal jurisdiction of any municipality in Montgomery County. This resolution requires a minimum lot size of one (1) acre with a minimum of one hundred (100) feet of road frontage for proposed subdivisions to be served by on-site sewage disposal systems and parallels present requirements for areas zoned Agricultural within the City of Montgomery police jurisdiction that would be served by on-site sewage disposal systems.
Montgomery County will assume maintenance of a subdivision if certain developmental criteria are met such as State of Alabama, Act 97-422, regarding platting of property, that was revised on August 1, 1997, to include the following requirements:
- The County Engineer or his designee must review all proposed plats and certify to the County Commission whether the plat meets the County's regulations.
- At least ten (10) days prior to presentation of the plat to the County Commission for their consideration, notice of the County Engineer's approval or disapproval must be sent by certified mail to the owner or developer as shown on the plat, to the property owners immediately adjoining the platted land, and to each utility affected.
- After the ten (10) day notice period and if the proposal meets the County's regulations, it shall be approved by the County Commission.
- If the plat is approved by the County Commission, the plat is then filed in the County Probate Office.
- The new law is not applicable to subdivisions situated inside the corporated limits of any municipality in the County or sale, deed, or transfer of land by the owner to an immediate family member.
Criteria relative to curb and gutter and right-of-way was established by resolution of the County Commission on January 8, 1990, and is as follows:
- Lots within the police jurisdiction with less than two acres, must have a 50-foot right-of-way, curb and gutter is required with a 31-foot pavement back to back of curb with sidewalk. Lot size is governed by the City Planning Commission.
- Lots within the police jurisdiction with two acres or more, must have a 60-foot right-of-way, with ditch section and 24-foot pavement without sidewalks.
- Lots outside the police jurisdiction must have a 60-foot right-of-way, with ditch section and 20-foot pavement without sidewalks. Lot size is governed by the Health Department.
- All drainage ditches must be concrete lined to be County approved for maintenance. Any other questions concerning the criteria for County maintained subdivision development, please contact the County Engineer at (334) 832-1310.