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Montgomery, AL Building Safety: Building Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Permit trigger
Excavation, construction, moving, alteration, repair
Application to
Administrative official, on city forms
No permit needed
Grading/filling without excavation
Certificate of occupancy
Required before any use, Art. II Sec. 4
CO amendment
Rewritten by Ord. No. 48-2025 (10-7-2025)

Summary

Montgomery makes it unlawful to start excavation, construction, moving, alteration or repair of any building or accessory structure, or to store building materials or erect a temporary field office, before the administrative official issues a building permit confirming the plans conform to the zoning ordinance. Grading or filling a lot without excavation for construction does not need a permit.

Sec. 2. - Building permit required. It shall be unlawful to commence the excavation for or the construction of any building or other structure, including accessory structures, or to store building materials or erect temporary field offices or to commence the moving, alteration or repair (except painting or wall papering) of any structure, including accessory structures, until the administrative official of the municipality has issued for such work a building including a statement that the plans, specifications and intended use of such structure, in all respects, conform with the provisions of this ordinance. Application for a building permit shall be made to the administrative official of the municipality on forms provided for that purpose. A building permit is not required for the grading or filling of a lot or lots where no excavation is made for construction.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 27).

Full Breakdown

Article II, Sec. 2 of the zoning ordinance (City Code App. C) sets the permit trigger, and Sec. 3 spells out what the application must contain: a scale drawing or plat showing the lot's actual shape and dimensions, the size and location of every building or structure to be erected, altered or moved, the existing and intended use of those structures, and the setback and side lines of buildings on adjoining lots. The administrative official must inspect the plans in detail before approving them, and if an application is denied the official must state the reason in writing.

Once construction is finished, Article II, Sec. 4 requires a certificate of occupancy before the building can be used: the administrative official has three days after the owner requests final inspection to inspect and either issue the certificate or refuse it in writing with cause. A temporary certificate of occupancy can be issued for a portion of a project that can be safely occupied before the whole job is done, for a period the administrative official sets, and the certificate can be suspended or revoked if it was issued in error or the structure is later found to violate the code, in which case any business license issued in reliance on it is automatically suspended too. This certificate-of-occupancy provision was rewritten by Ord. No. 48-2025, effective October 7, 2025.

Violations & Fines

Commencing excavation, construction, alteration or repair without a permit, or occupying a building without a certificate of occupancy, violates the zoning ordinance and is punishable under Article II, Sec. 5 as provided in City Code § 1-6, with each day of continued violation a separate offense. Under Article II, Sec. 6, the administrative official, another appropriate authority, or an affected neighbor may seek an injunction or other court order to stop or correct unpermitted work.

Frequently Asked Questions

Do I need a permit to move dirt on my lot in Montgomery?
Not if you are only grading or filling and no excavation for construction is involved. Article II, Sec. 2 of the zoning ordinance specifically exempts grading or filling a lot from the building permit requirement, but any excavation tied to construction still triggers the permit.
What has to be on a Montgomery building permit application?
Article II, Sec. 3 requires a scale drawing or plat showing the lot's actual dimensions, the shape, size and location of buildings to be built, altered or moved, their intended use, and the setback and side lines of buildings on adjoining lots, so the administrative official can confirm the ordinance is being followed.
Can Montgomery revoke a certificate of occupancy after it is issued?
Yes. Article II, Sec. 4 lets the administrative official suspend or revoke a certificate of occupancy in writing if it was issued in error, based on incorrect information, or the building is found to violate the code, and any business license issued in reliance on it is suspended along with it.

Sources & Official References

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