Alabama § 45-49-181.12 - Rulemaking Authority; Exemptions; Use of Private Roads.

Full text of Alabama Code of Alabama § 45-49-181.12 — Rulemaking Authority; Exemptions; Use of Private Roads., with citation guidance and answers to common questions.

§ 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. .

Source: official Alabama text · Last verified 2026-08-27

Frequently Asked Questions About Alabama § 45-49-181.12

What does Code of Alabama § 45-49-181.12 cover?

Section 45-49-181.12 ("Rulemaking Authority; Exemptions; Use of Private Roads.") is part of the Code of Alabama, the codified statutory law of Alabama. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Alabama § 45-49-181.12?

A common citation format is "Code of Alabama § 45-49-181.12" (Alabama). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Alabama law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alabama official source linked on this page or consult a licensed Alabama attorney.

How does Alabama § 45-49-181.12 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alabama can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Alabama.