Chilton County, Alabama

applies when — Parcels abutting or requiring new or modified driveway ingress/egress onto a Chilton County-maintained road right-of-way.

Requires property owners or developers to apply for and obtain a driveway/culvert connection permit from the Chilton County Road Department before constructing driveway turnouts. Imposes standards for culvert pipe sizing, drainage ditch grading, construction material integrity, and clear sight-distance minimums to preserve public right-of-way drainage and roadway safety.

Chilton County Commission Road Department Policies; Ala. Code § 11-3-10.

Prohibits open burning of household garbage, construction and demolition debris, plastics, tires, and treated lumber under Alabama Department of Environmental Management (ADEM) air pollution control rules. Natural vegetative/land-clearing debris burns require compliance with Alabama Forestry Commission burn permit procedures and setback clearances; open burning is subject to suspension during state/county-issued drought emergency burn bans.

Ala. Admin. Code r. 335-3-3 (ADEM Air Quality Regulations); Ala. Code § 9-13-11.

applies when — Parcels located within a designated FEMA 100-year Special Flood Hazard Area (Zones A, AE) on the Chilton County Flood Insurance Rate Maps (FIRMs).

Requires floodplain development permits from the county or local floodplain administrator prior to any construction, grading, or substantial improvement. New residential structures and substantial improvements must elevate lowest finished floors to or above Base Flood Elevation (BFE) plus local freeboard requirements. Parcels with federally backed mortgages are subject to mandatory NFIP flood insurance purchase requirements.

Chilton County Flood Damage Prevention Regulations; 44 C.F.R. Parts 59–60.

Properties are appraised at fair market value and assessed according to Alabama constitutional property classes. Residential owner-occupied property is Class III, assessed at a 10% ratio (commercial/utility property assessed at 20% or 30%). Total property tax = (Appraised Market Value × Assessment Ratio [10% for Class III]) × Total Millage Rate. The total composite millage combines the State rate (6.5 mills), County general/road/special funds (typically 12.5–16.0 mills county-wide), County school district taxes (minimum 10.0 mills), and any municipal millage if located within incorporated towns (e.g., Clanton, Jemison, Thorsby, Maplesville). Homestead exemptions (e.g., regular homestead, age 65+, or total disability under Ala. Code § 40-8-91) reduce or eliminate assessed value for eligible owner-occupants.

Ala. Code Tit. 40, Ch. 8; Administered annually by the Chilton County Tax Assessor and Tax Collector (or County Revenue Commissioner). Taxes become due on October 1 each year and delinquent after December 31.

≈ $20,900/yr on a $209,000 median

applies when — Parcels not connected to a public or community centralized sewer system requiring onsite sewage disposal.

Mandates soil evaluation/percolation testing, engineering design review, site inspection, and issuance of an Approval for Construction and Permit to Operate by the Chilton County Health Department / Alabama Department of Public Health (ADPH) prior to system installation or residential occupancy. Imposes mandatory setbacks from property lines, wells, potable water lines, and surface water bodies, as well as repair mandates upon failure.

Ala. Admin. Code r. 420-3-1 (Onsite Sewage Collection and Disposal Systems).

applies when — Division of any parcel of land located outside incorporated municipal planning jurisdictions into two or more lots or parcels.

Requires submission, review, and approval of preliminary and final subdivision plats by the Chilton County Commission and County Engineer prior to parcel division or recording with the Judge of Probate. Regulates mandatory public right-of-way dedication, minimum lot dimensions, road construction and surfacing standards, stormwater drainage conveyance, and utility easements.

Ala. Code § 11-24-1 et seq. (County Subdivision Regulations). Recorded through the Office of the Judge of Probate of Chilton County.

applies when — Residential parcels located within designated unincorporated fire protection coverage districts outside municipal full-service fire departments.

Pursuant to Alabama Constitutional Amendment 402 (Local Constitutional Amendment for Chilton County), special ad valorem property tax millage is levied on real property to finance equipment, training, and operational service of certified rural fire departments providing fire suppression, rescue, and emergency medical services.

Alabama Constitution, Local Amendments, Chilton County (Amendment 402, ratified 1982).

applies when — Residential parcels encumbered by a mortgage or deed of trust containing an express power-of-sale clause following default.

Lenders may execute a non-judicial foreclosure under power of sale without prior court authorization. Requires publication of notice of sale once a week for three consecutive weeks in a newspaper published in Chilton County prior to auction at the Chilton County Courthouse steps. Alabama statutory law provides borrowers a one-year right of redemption from the sale date (shortened to 180 days for residential mortgages executed on or after January 1, 2016, if statutory notices are complied with), contingent on surrendering possession within 10 days of written demand.

Ala. Code § 35-10-1 et seq. and Ala. Code § 6-5-247 et seq.

applies when — Real property parcels with unpaid property taxes delinquent after December 31 of the tax year.

The Chilton County tax official initiates proceedings in the Probate Court of Chilton County to obtain a decree of sale. Properties or tax liens are advertised in local newspapers and sold at public auction (held annually, typically in April/May) to satisfy unpaid taxes, interest, fees, and penalties. Owners retain a statutory right to redeem the property through the Chilton County Probate Judge within three years from the date of the tax sale by paying all back taxes, fees, and statutory interest (Ala. Code § 40-10-120).

Ala. Code Tit. 40, Ch. 10; Chilton County delinquent tax administration.

applies when — Parcels located within a planned community governed by the Alabama Homeowners' Association Act

The association holds a statutory lien on the lot for unpaid assessments from the date they become due. This lien has priority over later encumbrances, excluding state/county ad valorem taxes and prior mortgages.

Alabama Homeowners' Association Act, effective January 1, 2016 (Ala. Code § 35-20-12).

applies when — Eligible Class III property (agricultural, forest, or historic)

Allows property to be taxed based on its current use value rather than fair market value, potentially reducing the tax burden. Conversion to a non-qualified use triggers revaluation and potential back-tax liability.

Code of Alabama 1975, §§ 40-7-25.1, 40-7-25.2, 40-7-25.3.

Lenders may conduct non-judicial foreclosures if the mortgage contract includes a power-of-sale clause. There is a statutory six-month right of redemption for residential property following a foreclosure sale.

Governed by Alabama Code § 40-10-122 and related mortgage statutes.

Property is assessed at 10% of its fair market value. The tax liability is calculated by multiplying the assessed value by the local millage rate. A standard homestead exemption applies to the 6.5 mill statewide property tax on the first $4,000 of assessed valuation.

Governed by Alabama Constitution and Code of Alabama 1975, Title 40.

≈ $20,900/yr on a $209,000 median

Lenders may conduct non-judicial foreclosures. Notice of the sale must be provided in the county where the land is located. Lenders must mail a notice regarding the right to redeem the home at least 30 days before the sale.

Alabama Code Title 35, Chapter 10, Article 1A.

applies when — Parcels located within a development governed by a homeowners' association

Imposes governance structures, assessment obligations, and restrictive covenants as defined by the association's declaration and bylaws.

Alabama Code Title 35, Chapter 20.

Residential property is classified as Class 3 and assessed at 10 percent of its fair market value. A standard homestead exemption applies to the 6.5 mill statewide property tax on the first $4,000 of assessed valuation.

Governed by Alabama Constitution and administered by the Alabama Department of Revenue.

applies when — Residential parcel not served by a public or centralized municipal sanitary sewer collection system.

Mandates that parcels rely upon permitted onsite sewage treatment and disposal systems (septic tanks). Prohibits any dwelling construction, occupancy, or transfer without an unrevoked Approval of Installation and Permit to Operate issued by the Alabama Department of Public Health through the local county health department. Restricts parcel lot density, soil absorption fields, setbacks to property lines and wells, and mandates reserve replacement drainfield areas.

Ala. Code § 22-26-1 et seq.; Ala. Admin. Code r. 420-3-1.

applies when — Residential parcel containing target housing constructed prior to 1978.

Requires property owners and contractors conducting disturbance or renovation activities impacting more than de minimis surfaces (6 sq ft interior or 20 sq ft exterior) to follow lead-safe work practices and utilize state-accredited lead renovators under the Alabama Department of Public Health (Safe State program). Sellers and landlords are required to provide buyers/tenants the state-monitored lead hazard information pamphlet and disclose known lead paint records.

Ala. Code § 22-37A-1 et seq.; Ala. Admin. Code r. 420-3-27.

applies when — Residential mortgage or deed of trust containing an express power-of-sale clause upon borrower default.

Permits lenders to execute a non-judicial foreclosure without filing a court action. The foreclosing entity is required by state statute to publish notice of the foreclosure sale once a week for three consecutive calendar weeks in a newspaper published in the county where the real property is located. State statute does not require direct personal service or mailed notice to the debtor of the sale itself (though underlying mortgage contracts and 2016 statutory redemption notices mandate pre-sale mailings).

Ala. Code § 35-10-13.

Grants the mortgagor a post-sale statutory right to buy back the property from the foreclosure sale purchaser by paying the purchase price plus lawful interest, insurance, taxes, and permanent improvements. For residential properties where a homestead exemption was claimed in the tax year of the sale and mortgages originated on or after January 1, 2016, the redemption period is 180 days (6 months), provided the lender gave 30 days pre-sale notice of the right. For all other properties or older mortgages, a 1-year statutory redemption period applies. The debtor must surrender possession within 10 days of written demand or forfeit redemption rights.

Ala. Code §§ 6-5-248 through 6-5-251.

applies when — Residential parcel located within the designated Coastal Zone boundaries of Mobile or Baldwin Counties below the continuous 10-foot contour line.

Subject to state-level environmental and construction permitting overseen by the Alabama Department of Environmental Management (ADEM) under Division 8 regulations. Prohibits construction seaward of the coastal construction control line, strictly regulates shoreline armoring/bulkheads, requires beach and dune protection permits, and limits impervious surfaces and wetland fill, superceding local zoning allowances.

Ala. Code § 9-7-10 et seq.; ADEM Administrative Code r. 335-8-1-.01 et seq.

Alabama is one of the few strict 'caveat emptor' (buyer beware) jurisdictions for residential real property transfers. Sellers are not subject to a general statutory mandate to provide a comprehensive property condition disclosure form. However, common law and statutory exceptions bind every parcel seller to disclose: (1) known latent defects that pose a direct risk to health or safety and cannot be discovered by reasonable buyer diligence, (2) direct responses without misrepresentation if asked specific condition questions, and (3) fiduciary or confidential relationship duties.

Established in Alabama common law (e.g., Blaylock v. Cary, 709 So. 2d 1128; Fennell Realty Co. v. Martin, 529 So. 2d 1003); codified licensing boundaries at Ala. Code § 34-27-36.

applies when — Residential real property situated outside incorporated municipal limits but within the municipality's designated extraterritorial planning jurisdiction (typically 1.5 to 5 miles of the corporate line based on municipal population class).

Subjects unincorporated parcels to municipal planning commission subdivision regulations, access standards, lot layout requirements, right-of-way dedications, and utility connection mandates even though the parcel does not receive municipal services or pay municipal property taxes.

Ala. Code § 11-52-30 et seq.

applies when — Residential parcel created as a condominium unit under a master deed/declaration.

Imposes statutory covenants runs with the land, allocates common expense liabilities to individual units, and establishes an automatic statutory lien against the residential parcel for unpaid common expense assessments without requirement of separate court action. Liens have statutory priority over subsequent encumbrances (subject to first mortgages) and allow foreclosure under power-of-sale mechanisms.

Ala. Code § 35-8A-101 et seq. (Alabama Uniform Condominium Act of 1991).

applies when — Residential parcel located within a subdivision governed by a recorded Declaration of Covenants, Conditions, and Restrictions with a mandatory-membership HOA formed on or after January 1, 2016 (or older HOAs that opted in).

Binds the parcel to the recorded declaration, bylaws, and mandatory maintenance assessment charges. Under Chapter 20, recorded declarations establish a lien on the parcel for unpaid assessments, late fees, and enforcement costs upon recording a statement of lien in the county probate office. Regulates HOA board fiduciary operations, annual disclosures, and architectural rules directly binding exterior parcel improvements.

Ala. Code § 35-20-1 et seq. (enacted via Act 2015-292, effective January 1, 2016).

Establishes a baseline 6.5 statewide millage rate ($0.0065 per dollar of assessed value) under Ala. Code § 40-8-1 and the Alabama Constitution. Single-family owner-occupied residential properties are classified as Class III with an assessment ratio of 10% of appraised fair market value (FMV). Formula: Assessed Value = Appraised FMV × 0.10. Unadjusted Tax = Assessed Value × Millage Rate (State 6.5 mills + County/Municipal/School millage). Class III residential property is also constitutionally protected by a statewide lid bill capping aggregate ad valorem tax levies at 1.0% of fair market value.

Ala. Const. art. XI, § 214; Ala. Const. Amend. 373 (the 'Lid Bill'); Ala. Code § 40-8-1.

≈ $20,900/yr on a $209,000 median

applies when — Single-family dwelling and parcel not exceeding 160 acres owned and occupied by the taxpayer as their primary residence on October 1 of the tax year.

Exempts up to $4,000 in assessed valuation from the 6.5 mill state ad valorem tax levy (providing a maximum direct state tax reduction of $26.00). Formula: Adjusted State Tax = Max(0, (Assessed Value - $4,000)) × 0.0065. Also provides a basic county exemption of up to $2,000 in assessed value for county taxes (excluding county school taxes). Additional full state/county exemptions exist for owners who are 65+ with qualifying net taxable income or permanently and totally disabled.

Ala. Code §§ 40-9-19 through 40-9-21.