Ala. Code § 11-106-3

Current through the 2024 Regular Session.

Section 11-106-3 - Definitions

As used in this chapter, the following words shall have the following meanings:

(1) ADVERSE IMPACT ON MILITARY OPERATIONS AND READINESS. The same meaning as provided for that term in 10 U.S.C. § 183a(h), and consistent with Section 3.1.a.4 of DoD Instruction 4180.02.

(2) DEPARTMENT OF DEFENSE SITING CLEARINGHOUSE. The Military Aviation and Installation Assurance Siting Clearinghouse of the Department of Defense, as established by 10 U.S.C. § 183a.

(3) LOCAL GOVERNMENT. Any county or municipality.

(4) LOCAL IMPACT ISSUE. Any adoption or amendment by a local government of a proposed zoning plan, comprehensive master plan, or land development regulations that, if approved, may or will significantly affect any area or airspace that is within two miles of a military installation.

(5) MILITARY INSTALLATION. Any base, camp, post, station, airfield, yard, center, or any other land area under the jurisdiction of the United States Department of Defense, including any leased facility, the total acreage of which installation is in excess of 500 acres. The term military installation does not include any facility used primarily for civil works, river projects, or flood control projects.

(6) NOTICE OF PRESUMED RISK. The notice provided by the Department of Defense Siting Clearinghouse to an owner of an energy facility pursuant to 10 U.S.C. § 183a(c)(2).

(7) TALL STRUCTURE. Any building, structure, or unit within a multiunit building with a vertical height of more than 200 feet measured from the top of the foundation of the building, structure, or unit to the uppermost point of the building, structure, or unit. The term does not include: wind energy facilities, electrical transmission towers, slender structures, or minor vertical projections of a parent building, including, but not limited to, chimneys, flagpoles, flues, spires, steeples, belfries, cupolas, antennas, poles, lines, or wires, except that no such structure or vertical projection may project more than 20 vertical feet above the parent building. The term also does not include any communications structures requiring antenna structure registration pursuant to 47 C.F.R. § 17.4.

(8) WIND ENERGY FACILITY. Facilities for the generation of electricity by wind power.

Ala. Code § 11-106-3 (1975)

Amended by Act 2021-114,§ 1, eff. 6/1/2021.

Added by Act 2014-13,§ 1, eff. 2/18/2014.