Ala. Admin. Code r. 420-3-1-.14

Current through Register Vol. 43, No. 02, November 27, 2024

Section 420-3-1-.14 - Requirements And Exceptions To Large-Flow Developments

(1) A developer shall complete the Site Development Plan process for a Large-Flow Development in coordination with the LHD.

(2) The following activities shall not be subject to Large-Flow Development requirements:

(a) Dividing a parcel of land for the purpose of a bona fide gift.

(b) Dividing a parcel of land under the provisions of a will or under the laws of intestate succession.

(c) The sale, lease, or rental of land, provided that the sale, lease, or rental is not incidental to building development.

(d) Dividing a parcel of land under an exemption provided by § 22-26-7, Code of Ala. 1975.

(e) The division of a parcel of land into lots or tracts three acres or greater in size that meet the requirements for Small-Flow OSS Development.

(f) Building development that is exclusively for the immediate family of the responsible person.

(3) At the discretion of the LHD, dividing a parcel of land for use as a strip development may not be subject to Large-Flow Development requirements.

(4) If ADPH and the LHD conclude that an existing Large-Flow OSS can accommodate additional flow, the permit may be modified accordingly, and it is not necessary for the responsible person to complete the entire Large-Flow application process. Only the additional information that will allow ADPH and the LHD to determine that the system is capable of handling the additional flow is required.

Ala. Admin. Code r. 420-3-1-.14

Filed July 20, 1988. Amended: Filed November 19, 1991; June 19, 1992. Amended: Filed February 20, 1997; effective March 27, 1997. Repealed and New Rule: Filed December 16, 1999; effective January 20, 2000. Repealed and New Rule: October 20, 2005; effective November 24, 2005; operative March 19, 2006. Amended: Filed October 19, 2006; effective November 23, 2006.

Adopted by Alabama Administrative Monthly Volume XXXV, Issue No. 04, January 31, 2017, eff. 3/5/2017.

Adopted by Alabama Administrative Monthly Volume XLI, Issue No. 03, December 30, 2022, eff. 2/13/2023.

Previous Rule .16 was renumbered .14 per certification published December 30, 2022; effective February 13, 2023.

Author: Thad Pittman, Lem Burell, Matthew Conner, Ken Stephens, Bob Bright

Statutory Authority:Code of Ala. 1975, §§ 22-2-2(4); 22-2-2(6); 22-10-1, et seq.; 22-26-1et seq; 22-25B-1, et seq.