A bill that would lay the groundwork for a potential large-scale resort development near Smith Lake is moving forward, despite major from some local groups. 

SB322 sponsored by Alabama Senate Pro Tem Garlan Gudger and State Sen. Jabo Waggoner (R-Vestavia Hills), passed the Senate Fiscal Responsibility and Economic Development Committee last Wednesday. 

The bill would allow the creation of a community development district in Cullman County that could later be annexed by a municipality, even if the area is not contiguous with the municipality’s current boundaries.

During the committee meeting, Gudger described the bill as a preparatory measure for a possible resort project in the Smith Lake area. He emphasized that passage of the bill would not guarantee the project’s success – but would allow the community to be ready if it does.

Ahead of the vote in Montgomery last week, the Cullman County Commission voted to oppose the bill. In a formal resolution, commissioners raised concerns that the bill would allow municipalities to annex non-contiguous areas, disrupting traditional annexation principles.

The Commission’s resolution, shared in a Facebook post by the Cullman Daily, stated that such annexations could “create fragmented governance, complicate infrastructure planning, and potentially undermine local control over zoning, taxation, and public services.” Commissioners also warned that the legislation could set a precedent for irregular annexations, making county planning efforts more difficult and creating inefficiencies.

Commissioner Corey Freeman argued at the Commission meeting that if municipalities are required to annex and support new development districts, it could strain local resources and financing.

Gudger (R-Cullman) took to social media on Friday afternoon to address what he called “mass confusion” circulating his district about the proposal:

The Facts Behind SB322 … watch the entire video here: https://t.co/XatADg9Fdn pic.twitter.com/FBmKWV06Hu

— Garlan Gudger Jr (@GarlanGudgerJr) April 18, 2025

He emphasized the bill is simply enabling legislation – not a final greenlight for development. One major concern raised has been the potential for forced annexation and the disruption of local governance structures. Gudger rejected that.

“If you own property and you do not want to sell to this resort, you don’t have to. The city can’t come in and annex your property… That’s not what this bill does,” he said. “There’s no pressure there. There’s nothing we can do at all.”

Gudger also addressed rumors that the proposed resort could include a casino, possibly backed by the Poarch Band of Creek Indians.

“For the love of God, there is no casino in this,” he said.. “A casino cannot be there… I will vote no on that anytime it comes to Cullman County, from right now until I’m dead.”

Much of Gudger’s message centered on what he called “half the truth being told” by local opponents. He voiced frustration that some officials took to social media before asking for context or facts.

“Out of respect for my office, from another local elected official, at least give me the courtesy to let me tell you why I was doing something first,” he said. “We’re better than that, guys… Let’s do better than that.”

Gudger said he has spent a long time researching and compiling financial estimates for how the resort project could affect local tax revenues.

According to those estimates, the property in question currently generates only $10,000–$15,000 annually in property taxes. With full development, that could increase to $2.7 million for the county commission’s general fund and $843,000 for county schools, he said.

“The total investment into our county would be approximately $1.15 billion,” Gudger stated.