Code of Alabama

Ala. Code § 11-52-76 (2026)

Municipal Legislative Body to Provide for Manner of Establishment, Enforcement, Amendment, Etc., of Regulations, Restrictions and District Boundaries Generally; Adoption of Ordinances for Implementation of Article Generally.

✓ official Alabama Legislature (ALISON) text, current July 2026
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The legislative body of such municipality shall provide for the manner in which such regulations and restrictions and the boundaries of such districts shall be determined, established, and enforced and from time to time amended, supplemented, or changed and may adopt such ordinances as may be necessary to carry into effect and make effective the provisions of this article.

(Acts 1935, No. 533, p. 1121; Code 1940, T. 37, §778; Acts 1964, 1st Ex. Sess., No. 252, p. 348, §2.)

Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 1989–2025 · leading case: Am. Petroleum Equip. & Constr., Inc. v. Fancher, 708 So. 2d 129 (Ala. 1997).
Am. Petroleum Equip. & Constr., Inc. v. Fancher, 708 So. 2d 129 (Ala. 1997). “The plaintiffs cross-appealed, claiming that the trial court erred in not awarding them attorney fees. It is settled law that the Alabama Legislature has delegated to municipal legislative bodies, such as city councils, the power and authority to enact zoning ordinances.”
Pollard v. Unus Props., LLC, 902 So. 2d 18 (Ala. 2004). “Code 1975 ("The legislative body of [the] municipality shall provide for the manner in which such [zoning] regulations and restrictions and the boundaries of such districts shall be determined, established and enforced and from time to time amended, supplemented or changed.”
Greenbriar, Ltd. v. City of Alabaster, 881 F.2d 1570 (11th Cir. 1989). “Ala.Code § 11-52-76 (1985) ("The legislative body of such municipality shall provide for the manner in which such regulations and restrictions and the boundaries of such districts shall be determined, established and enforced and from time to time amended, supplemented or…”
Payne v. Shelby Cnty. Comm'n, 12 So. 3d 71 (Ala. Civ. App. 2008). “See § 11-52-76, Ala. Code 1976 (“The legislative body of [the] municipality shall provide for the manner in which such [zoning] regulations and restrictions and the boundaries of such districts shall be determined, established and enforced and from time to time amended,…”
Ex Parte City of Jacksonville, 693 So. 2d 465 (Ala. 1996). “Code 1975 provides: "Each municipal corporation in the state of Alabama may divide the territory within its corporate limits into business, industrial and residential zones or districts and may provide the kind, character and use of structures and improvements that may be…”
Gibbons v. Town of Vincent, 124 So. 3d 723 (Ala. 2012). · cites it 2× “2007), this Court held that, pursuant to the zoning statutes, a planning commission is an advisory body and cannot be vested with the power to rezone property: “Under § 11-52-76, Ala.Code 1975, the zoning power delegated to every municipality ultimately rests with the…”
H.h.b., L.L.C. v. D & F, L.L.C., 843 So. 2d 116 (Ala. 2002). “Section 11-52-76, Ala.Code [1975], provides that ‘[t]he legislative body of such municipality shall provide for the manner in which such [zoning] regulations and restrictions and the boundaries of such districts shall be determined, established and enforced.”
City of Alabaster v. Shelby Land Partners, LLC, 148 So. 3d 697 (Ala. 2014). “Section 11-52-76, Ala.Code [1975], provides that “[t]he legislative body of such municipality shall provide for the manner in which such [zoning] regulations and restrictions and the boundaries of such districts shall be determined, established and enforced.”
Hhb, LLC v. D & F, LLC, 843 So. 2d 116 (Ala. 2002). “Section 11-52-76, Ala.Code [1975], provides that `[t]he legislative body of such municipality shall provide for the manner in which such [zoning] regulations and restrictions and the boundaries of such districts shall be determined, established and enforced.”
City of Hoover v. Covenant Bank, 251 So. 3d 50 (Ala. Civ. App. 2017). “Section 11-52-76, Ala. Code [1975], provides that "[t]he legislative body of such municipality shall provide for the manner in which such [zoning] regulations and restrictions and the boundaries of such districts shall be determined, established and enforced.”
Ex Parte City of Muscle Shoals. Petition for Writ of Mandamus: Civil (Ala. 2023). “See § 11-52-76, Ala. Code 197[5] ('The legislative body of [the] municipality shall provide for the manner in which such [zoning] regulations and 12 SC-2022-0524 restrictions and the boundaries of such districts shall be determined, established and enforced and from time to time…”
Ex parte City of Orange Beach PETITION FOR WRIT OF MANDAMUS (In re: Sara Pearl Fahrmann, individually & as Pers. Rep. of the Est. of Patrick Christopher Fahrmann v. City of Orange Beach) (Baldwin Circuit Court: CV-21-901218). (Ala. 2025). “See § 11-52-76, Ala. Code 197[5] ('The legislative body of [the] municipality shall provide for the manner in which such [zoning] regulations and restrictions and the boundaries of such districts shall be determined, established and enforced and from time to time amended,…”
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