Alabama § 11-106-6 - Encroachment or Adverse Effect Upon Military Operations, Etc.; Application and Documentation Requirements; Approval by Local Government.

§ 11-106-6. Encroachment or Adverse Effect Upon Military Operations, Etc.; Application and Documentation Requirements; Approval by Local Government.

(a) The construction or operation of any tall structure or wind energy facility in this state shall not encroach upon or otherwise have an adverse impact on military operations and readiness of any military installation or branch of military.

(b) A person may not commence the construction of a tall structure within two miles of a military installation unless the person has obtained approval from the governing body of the local government in which the tall structure will be located as further provided in this section.

(c) A governing body of a local government shall approve an application to commence construction of a tall structure within two miles of a military installation once the applicant has filed an application with the Federal Aviation Administration under 49 U.S.C. § 44718, and provided the governing body of the local government either of the following:

(1) A written “Determination of No Hazard to Air Navigation” issued by the Federal Aviation Administration pursuant to 14 C.F.R. Part 77, Subpart D.

(2) In coordination with any affected military installation and the state Military Department, a written determination resolving any adverse impact to military operations identified during the aeronautics study conducted pursuant to 14 C.F.R. Part 77, Subpart D.

(d) A local government may bring an action for injunctive relief against any person that commences the construction of a tall structure without obtaining prior approval as required pursuant to this section.

(e) A local government considering an application for the construction of a wind energy facility shall require the applicant to provide the following at least 270 days prior to planned construction:

(1) Documentation that the owner or applicant has transmitted notice relating to the construction of the wind energy facility to the Department of Defense Siting Clearinghouse, the state Military Department, and the state Department of Transportation.

(2) A map showing the specific location and tower hub height with rotor diameter for each proposed wind turbine.

(3) Documentation that the facility owner has either initiated an informal review with the Department of Defense Siting Clearinghouse under 32 C.F.R. § 211.7 or filed for a formal review with the Secretary of Transportation and the Federal Aviation Administration pursuant to 49 U.S.C. § 44718.

(f) A local government may not approve an application for the construction of a wind energy facility prior to receiving documentation of one of the following:

(1) A completed Department of Defense Siting Clearinghouse informal review resulting in a determination of no presumed risk.

(2) A mitigation agreement between the owner or applicant and the Department of Defense Siting Clearinghouse resolving any notice of presumed risk.

(3) A written “Determination of No Hazard to Air Navigation” issued by the Federal Aviation Administration pursuant to 14 C.F.R. Part 77, Subpart D.

(g) Notwithstanding subsection (f), a local government may approve an application for the construction of a wind energy facility conditioned upon the applicant providing documentation of one of the requirements set out in subsection (f).

(h) If any dispute arises between a local government and an applicant or military installation relating to the approval of any tall structure or wind energy facility, the local government shall provide notice to the Governor or the Governor’s designee to facilitate resolution of the dispute.

(i) A local government may not require any other formal written approval from a military installation to approve an application for the construction of a tall structure or wind energy facility.