BAY MINETTE, ALA. — A motion to request an attorney general’s opinion regarding the implementation of the Flood Zoning Plan failed by a 2-2 vote at the Baldwin County Commission meeting Tuesday.

Commissioners Wayne Gruenloh and Charles Gruber voted for the motion.

Commissioners David Bishop and Frank Burt voted against the motion.

The Baldwin County Commission was entertaining a motion to get an advisory opinion from the attorney general on what could be defined and included as flood-proned areas and zoning issues of flood-proned areas.

“Nothing is decided here today except that we want to know more,” Gruenloh said of the motion.

“Not to say it’s not a good thing, but to know you’re going to vote against it later, you might as well face it now,” Bishop said of his decision not to ask the attorney general of the county’s ability to implement flood zoning in certain areas.

The Alabama Legislature passed the Comprehensive Land Use Management in Flood-Prone Areas Act (11-19) in 1971.

Act 11-19 is to help limit development of areas exposed to flood damage, guide development away from areas threatened by flooding, reduce damage that floods cause and initiate long-term management and use of flood-proned areas.

The proposed Flood-Prone Zoning map extends beyond areas that the FEMA flood-proned map covers.

It would include over 25,000 parcels of land outside incorporated areas — over 500,000 acres, Burt said.

“It is a real impact on this county,” he added.

About 612 square miles of property can be found within the Flood-Prone Zoning Map and of that, about 223 square miles are privately owned, according to “Exploring the Baldwin County Flood Plan and the Benefits of Flood Mitigation” prepared by the Baldwin County Planning and Zoning Department.

The flood-prone zoning would allow the county to impose certain building restrictions and regulations if passed, Planning Director Wayne Dyess said.

“It could put limitations on the kinds of developments in areas; it won’t stop development,” Dyess said.

The planning department researched potential insurance impacts that a flood-prone zoned area might have on home and land owners and if mortgages and loans would be effected if the owner does not have flood insurance, according to law Clerk Amanda Jordan.

“Neither will be affected,” Jordan said.

Companies grant mortgages based on the FDIC and how FEMA designates flood areas, she said.

Jordan said that insurance companies she spoke to said they were only concerned with FEMA ratings and not the proposed Baldwin County flood-prone zoning map.

“It always comes back to FEMA,” she said.

Area residents attended the meeting to voice their opinions about the proposed flood-prone zone map.

“It’s like a brain surgeon trying to perform surgery with a chain saw - the area is too broad,” Baldwin County resident John Marino said.

Marino went on to point out that some areas that will be declared in the flood-proned zone do not flood at all, including his property which would be included in the new zone.

“To designate an entire area is taking a person’s wealth because people invest in their property,” Marino said.

Land parcels should be evaluated individually, he added.

Resident Jay Faulkner voiced concerns over what he would be allowed to build on his land if the flood-proned zone were approved.

Fairhope Mayor Tim Kant said that creating the flood-proned zone could create issues over building rules and regulations.

Cities have jurisdiction beyond its limits and if the county has a different regulations for because of flooding, questions would arise over which would be implemented or used, Kant said.

Since 1935 county and city planning departments have had different rules and regulations that oppose, Dyess said.

“I don’t think it’s going to further that problem,” he said.

Kant also said that this issue should be put to a vote by they county’s residents.

“At the end of the day people need to have a voice,” Kant said.

Burt said to have a vote the map would have to be done by districts and then each district could vote on applying the flood-proned zone map.

Bishop said that he would be in favor of using only the FEMA map of flood-proned areas for the zoning map after the motion failed.

By using the FEMA map, landowners will already know that they are in a flood-proned area, he added.

“I don’t know where we’re going to go,” Gruenloh said of the next step.