On September 3, a Birmingham-based utility company called Integra Water announced it was walking away from a permit application it had held for more than a year. The site was twelve acres off Winchester Road in New Market, just south of County Lake Road, sitting along the Flint River. Integra had planned to discharge close to a million gallons of treated water there daily. Jeff Williams, who lives along that stretch of river, told a local news crew the announcement felt like a win after a long fight.
It was a win. But the part of the story worth sitting with isn't the outcome. It's who actually had the power to stop the plant, and who didn't.
The County Couldn't Say No. That's the Real Story.
When residents of the Berry Hill Estates subdivision brought their concerns to the Madison County Commission last fall, Chairman Mac McCutcheon told them plainly that the county's hands were tied. The state, through the Alabama Department of Environmental Management, controls the permitting process for a wastewater facility. The county government doesn't have the zoning authority to tell a permitted utility it can't build on a piece of land it owns.
State Rep. Andy Whitt, who represents Harvest and sponsored the bill written in direct response to this fight, put the underlying dynamic even more plainly this spring: in the county, there's a lot more freedom, and that freedom stems from a lack of zoning laws.
That sentence is the thing to understand before you buy land in New Market. The lighter regulatory hand that makes rural Madison County appealing, wider lots, fewer permitting hoops, a slower pace, is the same lighter hand that let a private company file paperwork to build a wastewater plant a few hundred feet from a residential boat ramp, with no local body positioned to block it.
What Actually Happened on Winchester Road
The sequence matters, because it shows exactly which levers moved and which ones didn't.
In July 2025, residents discovered that Integra Water had applied to renew a permit for the Winchester Road site. Many told reporters they only found out after ADEM's 30-day public comment window had already closed. By October, nearly 45 residents had signed up to speak at a public hearing ADEM held at Buckhorn High School, and the cafeteria was standing room only. Some brought water samples from Integra's existing facility in nearby Meridianville, arguing that discharge into Brier Fork had tested over ADEM's bacteria limits.
Through the winter, residents pursued two tracks at once. Some filed a lawsuit to stop the plant, citing concerns for swimming, fishing, and kayaking on the Flint. Others pushed the Madison County Commission, and District 1 Commissioner Tom Brandon carried their request to Montgomery: adopt a state regulatory framework for private sewer facilities operating in unincorporated Madison County, because right now there isn't one beyond ADEM's environmental oversight.
That request became HB 337, and it moved fast by legislative standards. It passed the Alabama House 64-0 in February. It passed the Senate 28-0 with an amendment at the end of March. Then, because it's a constitutional amendment rather than an ordinary statute, it went back to the House for concurrence rather than straight to the governor's desk.
Here's the part worth being precise about: HB 337 would give the Alabama Public Service Commission regulatory authority over private wastewater operators using public rights of way in Madison County, covering things like billing and service quality that no state agency currently oversees. But because it amends the state constitution, it still has to go before Alabama voters on a future ballot before it takes effect. As of this writing, it is not yet law. It's a passed bill waiting on the public to ratify it.
Integra's withdrawal in early September came independent of that vote. In its own statement, the company said community feedback had made clear there was a need for more public education around wastewater reclamation, and that it has no immediate plans for an alternative site. It didn't cite the pending legislation. It cited the fight itself.
What This Means If You're Looking at Land in New Market
None of this means New Market is a place to avoid. It means the due diligence looks different than it does in Madison or Huntsville, where zoning boards and city planning departments give you a paper trail to check before you buy. In unincorporated Madison County, that paper trail is thinner, and the questions you need answered fall to you.
A few things worth confirming before you write an offer on land out there:
- Is the parcel on septic or served by a utility? Madison County requires either a septic permit from the county health department or a tap letter from a sewer provider before it will issue a residential building permit. Find out which one applies to the specific lot, not the general area.
- What's pending on ADEM's permit list near the property? ADEM's public comment windows are short, often 30 days, and residents in this case say most neighbors didn't learn about the Winchester Road application until it was nearly too late to weigh in. A parcel that looks quiet today can have an application sitting in the pipeline.
- Being on septic doesn't mean you'd benefit from a new sewer line. One Berry Hill resident made this point directly during the fight: he was on a septic system, and the proposed facility would have served new construction, not existing homes like his. A private utility moving into the area is not the same as a hookup being offered to you.
- Track HB 337's path to the ballot. Until Alabama voters approve the constitutional amendment, the Public Service Commission has no formal oversight of private sewer operators in the county. If you're buying near an existing private wastewater facility, that gap is currently still open.
The Same Freedom Cuts Both Ways
It's worth saying plainly that the absence of zoning isn't only a risk. It's also part of why land in unincorporated Madison County stays more affordable and more flexible for the people who already live there. Unincorporated parcels of an acre or larger can typically support an accessory dwelling unit with a permit and septic approval, a much lower bar than what many incorporated cities require. Homeowners who want to add a workshop, a guest cottage, or space for aging parents generally have an easier path here than they would inside Madison or Huntsville city limits.
That's the trade New Market asks you to make. Less oversight over what your neighbor, or a company, can put on adjacent land. More freedom over what you can build on your own.
A Few Questions Worth Asking Before You Buy
Is HB 337 in effect right now? No. It passed both chambers of the Alabama Legislature as a constitutional amendment but requires a statewide vote before the Public Service Commission gains oversight of private sewer operators in Madison County.
Does Integra's withdrawal mean the Winchester Road site is settled for good? The company has said it has no immediate plans for an alternative site, but it hasn't ruled one out long term. Anyone buying near that parcel should check ADEM's permit records directly rather than assume the matter is closed.
How do I find out what's zoned or permitted near a specific property? For unincorporated parcels, that starts with Madison County's zoning inquiry process and ADEM's public permit database, since the county itself has confirmed it doesn't have the authority to block a state-permitted facility once it's in motion.
If you're weighing land in New Market against a lot in Madison, Harvest, or Hazel Green, the price tag only tells you part of the story. The other part is who holds the power to say no to what gets built near you, and right now in unincorporated Madison County, that answer is more complicated than most listings let on.
Sheryl Schettinger has spent years walking buyers through exactly this kind of due diligence, the parts that don't show up on a listing sheet. Schedule a free consultation before you make an offer on land in New Market, and get the questions answered before they become surprises at closing.
