Ala. Admin. Code r. 420-3-1-.14
Requirements And Exceptions To Large-Flow Developments
Effective Feb 13, 2023Filed July 20, 1988. Amended: Filed June 19, 1992. Repealed and New Rule: Filed December 16, 1999; effective January 20, 2000. Repealed and New Rule: October 20, 2005; effective November 24, 2005; operative March 19, 2006. Amended: Filed October 19, 2006; effective November 23, 2006. Repealed and New Rule: Filed January 19, 2017; effective March 5, 2017. Repealed and New Rule: Published December 30, 2022; effective February 13, 2023.Alabama Department of Public Health
- (1) A developer shall complete the Site Development Plan process for a Large-Flow Development in coordination with the LHD.
(2) The following activities shall not be subject to Large-Flow Development requirements:
- (a) Dividing a parcel of land for the purpose of a bona fide gift.
- (b) Dividing a parcel of land under the provisions of a will or under the laws of intestate succession.
- (c) The sale, lease, or rental of land, provided that the sale, lease, or rental is not incidental to building development.
- (d) Dividing a parcel of land under an exemption provided by §22-26-7, Code of Ala. 1975.
- (e) The division of a parcel of land into lots or tracts three acres or greater in size that meet the requirements for Small-Flow OSS Development.
- (f) Building development that is exclusively for the immediate family of the responsible person.
- (3) At the discretion of the LHD, dividing a parcel of land for use as a strip development may not be subject to Large-Flow Development requirements.
- (4) If ADPH and the LHD conclude that an existing Large-Flow OSS can accommodate additional flow, the permit may be modified accordingly, and it is not necessary for the responsible person to complete the entire Large-Flow application process. Only the additional information that will allow ADPH and the LHD to determine that the system is capable of handling the additional flow is required.
Author: Thad Pittman, Lem Burell, Matthew Conner, Ken Stephens, Bob Bright
Statutory Authority: Code of Ala. 1975, §§22-2-2(4); 22-2-2(6); 22-10-1, et seq.; 22-26-1 et seq; 22-25B-1, et seq.
Editor’s Note: Previous Rule .16 was renumbered .14 per certification published December 30, 2022; effective February 13, 2023.
History: Filed July 20, 1988. Amended: Filed June 19, 1992. Repealed and New Rule: Filed December 16, 1999; effective January 20, 2000. Repealed and New Rule: October 20, 2005; effective November 24, 2005; operative March 19, 2006. Amended: Filed October 19, 2006; effective November 23, 2006. Repealed and New Rule: Filed January 19, 2017; effective March 5, 2017. Repealed and New Rule: Published December 30, 2022; effective February 13, 2023.