Section 45-49-181.12 - Rulemaking authority; exemptions; use of private roads(a) The county commission may adopt the necessary rules for the construction of county maintained roads in the county. The county commission may adopt rules regarding the planning and construction of streets and roads within subdivisions. Subdivision rules shall be adopted or amended by first holding a public hearing thereon after due notice thereof as otherwise required by law for similar matters requiring a public hearing.(b) Exempt and excluded from the definition of a subdivision and exempt from the laws and regulations pertaining to subdivisions shall be the division of a tract of land into parcels or property containing five acres or more each.(c) The county commission may authorize the use of private paved roads, provided all of the following conditions are satisfied:(1) A recorded plat shall be required for a proposed subdivision that incorporates a private road or contains property situated adjacent to a private road.(2) The private road or roads shall be plainly marked and identified on the plat as a "private road - not to be maintained by the State of Alabama or Mobile County."(3) The private road or roads shall have a minimum right-of-way width of 50 feet, unless waived by the county engineer, due to special or unique circumstances of the proposed development, and shall provide continuous paved access to a publicly maintained road. .Ala. Code § 45-49-181.12 (1975)