Occupying half of Alabama’s sunny southwestern Gulf coast, Baldwin County is the size of Rhode Island, with a population that routinely makes all the annual high-growth lists. Understandably, county officials are concerned about maintaining effective development standards, and last year, they proposed substantial amendments to the existing subdivision regulations. Despite the good intentions, the first draft raised a number of red flags for Baldwin REALTORS®, who submitted the lengthy amendment document to NAR’s Land Use Initiative (LUI) program for review. The resulting analysis helped them to crystallize their concerns, and informed advocacy that pushed for reasonable regulations.
According to Jennifer Foutch, Baldwin REALTORS®’ Association Executive Officer, “The county’s motivation was perfectly reasonable, but pretty significant changes were being made, and we had concerns about a number of them. We also had to be sure they were all necessary and appropriate throughout the entire county: not only is this a very large region welcoming a steady stream of new residents, but some of our municipalities’ borders overlap with the county’s jurisdiction, making it hard for developers, and even homeowners, to navigate all the zoning ordinances.” She reports that the first time the REALTORS®, developers, building engineers, and other interested groups had a chance to comment on the very lengthy document was at a public hearing. These stakeholders requested a pause in the process to give them time to understand the new proposals; this was granted, and Baldwin REALTORS® promptly reached out to the REALTOR® Party for an LUI review.
The Land Use Initiative program makes the expertise of Robinson & Cole, LLC, a law firm specializing in zoning and land-use issues, available to state and local boards across the country. Through its deep familiarity with zoning situations nationwide, the firm is in a position to provide a wealth of insight into circumstances faced by any given local REALTOR® organization.
Weighing in on the Baldwin County Proposed Subdivision Regulations Amendments, Robinson & Cole analyzed a whole raft of issues, including problematic restrictions on the Family Division Exemption; preference for gravity sewer systems; minimum lot area requirements; low-impact development techniques and green infrastructure requirements; construction best management practices; multi-dwelling structures; and the open space, landscaping and buffer requirement. “They took the very large draft ordinance, and narrowed it down to clear and digestible points, which we were able to use for oral and written public comments,” says Foutch.
Revising the amendments in accordance with the LUI analysis was a productive process, not contentious, she notes. Once the concerning issues had been identified, the county planning and zoning officials, who had originated the amendments, re-worked the various draft sections. For the next public hearing, the staff presented a memo that outlined the proposals and the changes; the county also released a slide document noting the changes made in response to public comments. “It was all handled with transparency, and no hard feelings,” Foutch reports.
Foutch credits the Baldwin REALTORS®’ Governmental Affairs Committee, along with several other members, with keeping a finger on the pulse of the county’s zoning ordinance activity. “We are very fortunate to have them paying attention, and willing to show up and speak at hearings.” A GAD in a previous life, she is also grateful for the value the LUI program brings to her board’s efforts: “I can’t recommend it enough. The expertise it provides is something we need, and hiring a specialized firm to advise us at this level would be cost-prohibitive. It benefits the whole county, and underscores the importance of our role in the community.”
To learn more about how Baldwin REALTORS® is working to ensure that development in its fast-growing Alabama county is fair and responsibly regulated, contact Association Executive Officer Jennifer Foutch at JenniferF@baldwinrealtors.com or 251.947.3777.
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