Lee County, AL Right to Farm: Agricultural Zoning Protection (2026)
Key Facts
- District
- RP Rural Preserve District
- Farm use status
- Permitted (P) in RP, CR, RC
- SP District
- Farm uses not permitted (N)
- Zoning trigger
- Only in beats that voted to adopt it
- Junkyard exemption
- Farm buildings/equipment excluded, § 45-41-170.03(c)
- Violation cure period
- 30 days after written notice
Summary
In beats that have adopted zoning, Lee County's RP Rural Preserve District is built around farmland: it covers outlying areas beyond the cities and keeps commercial farms, hobby farms, kennels, and stables as by-right permitted uses, with the Master Plan directing the county to keep farm and timber land the area's dominant use.
RP Rural Preserve District. The overall intent of the RP Rural Preserve Districts is to preserve the rural character of neighborhoods and enhance rural community living. These RP Districts encompass outlying areas located beyond incorporated suburban areas, rural farmlands for agriculture and forestry uses, and large undeveloped tracts of land and vast open spaces. These rural residential areas are suitable for low density subdivisions of single family residences, sparsely scattered dwellings on large lots, and affordable housing options, including manufactured housing. Other appropriate uses include outdoor recreation, agricultural businesses that support farming activities, and institutional uses, such as churches and community centers, which are integral to rural communities.
Full Breakdown
Lee County zoning splits the unincorporated county into four districts (RC, CR, RP, SP), and only applies in an election beat once its voters adopt it under Ala. 07. The RP Rural Preserve District, Sec. 2(a), is defined around 'rural farmlands for agriculture and forestry uses' and 'agricultural businesses that support farming activities,' and Sec. ' The Sec. 7 Table of Permitted Uses classifies Commercial farm, Hobby or recreational farm, Kennel, Large animal clinic, and Stable together as 'Agricultural and Forestry Uses,' each carrying a 'P' (permitted) designation in the RP, CR, and RC Districts and an 'N' (not permitted) designation in the SP Special District reserved for heavy industrial sites.
Sec. 4(1) defines a commercial farm broadly to include grain and forage crops, dairy and beef cattle, sheep, goats, poultry (egg production, not processing), nursery and greenhouse operations, timber and forestry operations including on-site sawmills, beekeeping, fisheries, fur animals, and fruit and vegetable production, while excluding food processing and lumber mills. Separate from zoning, the county's Title 45 nuisance and junkyard law carves farms out entirely: Ala. 03(c) states the county's junkyard licensing requirement 'shall not apply to farm buildings or farm equipment and farm materials stored around farm buildings on a farm,' so equipment and material storage tied to an active farm cannot be cited as an unlicensed junkyard.
Violations & Fines
Zoning violations go through the Planning Director, who under Sec. 6.3(a) must serve written notice by certified mail giving no more than 30 days to correct. If uncorrected, the Planning Director refers the matter to the Lee County Attorney, who may sue in Lee County Circuit Court to abate the violation; if the county prevails, the losing violator pays court costs and the county's attorney's fees (Sec. 6.3(c)). Junkyard-nuisance violations under § 45-41-170.04 follow the same civil-abatement path in circuit court, but farm buildings and equipment stored on a working farm are statutorily excluded from that enforcement.
Frequently Asked Questions
Can I run a commercial farm on unincorporated Lee County land?
Does zoning apply everywhere in the county?
Can the county treat my farm equipment storage as an illegal junkyard?
What kinds of agriculture count as a 'commercial farm' here?
Sources & Official References
Other rules in Lee County
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