Ala. Code § 9-16-87 — Alabama Code / Title 9 / Chapter 16 / Section 9-16-87
Section 9-16-87 Permits - Coal Exploration
Status: in_force

(a) Coal exploration operations including the removal of coal samples for testing, assaying or other associated non-commercial purposes which substantially disturb the natural land surface may be conducted after filing a notice of intention to explore, including a description of the exploration area, the period of proposed exploration and provisions for reclamation in accordance with Section 9-16-90.

(b) Information submitted to the regulatory authority pursuant to this section as confidential concerning trade secrets or privileged commercial or financial information which relates to the competitive rights of the person or entity intended to explore the described area shall not be available for public examination.

(c) Any person who conducts any coal exploration activities which substantially disturb the natural land surface in violation of this section or regulations issued pursuant thereto shall be subject to the enforcement provisions of this article.

(d) No operator shall affect more than one-half acre in any one location or remove more than 250 tons of coal pursuant to an exploration permit without the specific written approval of the regulatory authority. The written approval may be conditioned upon specific performance standards, reclamation standards, and a reclamation bond as required by regulations promulgated hereunder.
Ala. Code § 9-13-86 — Alabama Code / Title 9 / Chapter 13 / Section 9-13-86
Section 9-13-86 Filing of Quarterly Reports and Payment of Taxes - Manufacturers and Processors; Payment of Taxes
Status: in_force

Every manufacturer and processor, within 30 days after the expiration of each quarter annual period expiring, respectively, shall on the last day of March, June, September, and December of each year, file with the department a statement under oath, on forms prescribed by the department, showing the kinds of forest products and the gross quantity of each manufactured during the preceding quarter annual period by the manufacturer or processor, showing the county or counties in which such products were severed from the soil and showing the gross quantity, if any, of such forest products severed from soil outside the State of Alabama and such other reasonable and necessary information pertaining thereto as the department may require for the proper enforcement of this article. At the time of rendering such quarter annual reports, the manufacturer or processor shall pay to the department the taxes imposed by this article with respect to all forest products severed from the soil in the State of Alabama and embraced in the report. In the case that any logs, pulpwood, or inwoods pulpwood chips are sold or delivered to a concentration yard, then the taxes provided for in this article shall be reported and paid by the owner or owners of the concentration yard to the department.
Ala. Code § 9-9-57 — Alabama Code / Title 9 / Chapter 9 / Section 9-9-57
Section 9-9-57 Dissolution
Status: in_force

Any district organized under this article may be dissolved by the court of probate having jurisdiction thereof whenever it shall appear to said court that the works thereof need no further care or maintenance to preserve their efficiency and usefulness, that the maintenance of the works are not further conducive to the public health, convenience or welfare and that all obligations of such district have been liquidated and fulfilled; provided, that the court shall not consider the dissolution of any district except upon the petition of two thirds of the owners of real property owning not less than two thirds of the area taxed. Upon the filing of such petition, the same notice shall be served and the same opportunity shall be given for objections to the dissolution of the district as provided in this article upon the filing of a petition for the organization of a district.
Ala. Code § 9-11-431 — Alabama Code / Title 9 / Chapter 11 / Section 9-11-431
Section 9-11-431 Construction of Article; Purpose Thereof
Status: in_force

This article shall be construed in furtherance of the purpose thereof, which is to insure the procurement, development, restoration, maintenance or preservation of wetlands for migratory waterfowl habitat.
Ala. Code § 9-11-236 — Alabama Code / Title 9 / Chapter 11 / Section 9-11-236
Section 9-11-236 Hunting, Etc., or Possession of Protected Birds or Animals During Closed Season
Status: in_force

Any person who hunts, takes, catches, captures, kills, or has in his or her possession or who attempts to hunt, take, catch, capture, or kill, any bird or animal protected by law or regulation of this state except during the open season when same may be hunted, taken, caught, captured, or killed shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000) and, at the discretion of the court, may also be imprisoned in the county jail for not longer than six months. It is provided further that any person who hunts, takes, catches, captures, or kills, or attempts to hunt, take, catch, capture, or kill, a wild turkey in an illegal manner or during the closed hunting season, or has in his or her possession a wild turkey killed during the closed hunting season or taken in an illegal manner, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000) and, at the discretion of the court, may also be imprisoned in the county jail for not longer than six months.
Ala. Code § 9-14A-15 — Alabama Code / Title 9 / Chapter 14A / Section 9-14A-15
Section 9-14A-15 Bonds - Proceeds - Disposition
Status: in_force

Upon order of the respective board of directors of the corporations, all expenses incurred in connection with the authorization, preparation, sale, and issuance of bonds authorized herein and by the amendment shall be paid out of the proceeds thereof. The proceeds thereof remaining after payment of such expenses, together with the income derived from the investment and reinvestment of such proceeds (including income derived from the investment and reinvestment of previously derived income) shall be disbursed from time to time on the order of said corporations upon the approval of the Director of Finance, the Commissioner of Conservation and Natural Resources, the Governor, and the Joint Legislative Committee on State Parks.
Ala. Code § 9-11-269 — Alabama Code / Title 9 / Chapter 11 / Section 9-11-269
Section 9-11-269 Protection of Flattened Musk Turtle
Status: in_force

(a) The flattened musk turtle (sternotherus minor depressus) is a reptile unique to the State of Alabama. The Legislature finds the protection of this unique specie is required for its survival.

(b) Except as provided in subsection (c) of this section, it is unlawful for any individual, corporation, partnership, trust, association, or any other entity to:

(1) Hunt, wound, injure, kill, trap, collect or capture a flattened musk turtle (sternotherus minor depressus), or to attempt to engage in such conduct; or

(2) Sell, offer for sale, purchase, offer to purchase, deliver, transport, carry or ship, in intrastate, interstate, or foreign commerce a flattened musk turtle (sternotherus minor depressus), whether alive or dead, or any of its parts or products, or to attempt to engage in such conduct.

(c) The Alabama Department of Conservation and Natural Resources shall permit, under such reasonable terms and conditions as it may prescribe consistent with this section, any act otherwise prohibited by subsection (b) of this section for one of the following purposes: scientific or survival research, zoological exhibition, or education; provided that, the prohibitions of subsection (b)(2) of this section shall not be effective until 30 calendar days after passage of this section; and provided further, that the prohibitions of subsection (b)(1) of this section regarding the killing and injuring of a flattened musk turtle (sternotherus minor depressus) shall not apply to activities where such killing or injuring is incidental to, and not the purpose of, such activities which are otherwise lawful; provided further, that the prohibitions of subsection (b) and the permitting process of subsection (c) shall not apply to any flattened musk turtle captured prior to the passage of this section, or to any offspring of such previously captured flattened musk turtle.

(d) Any individual, corporation, partnership, trust, association or other entity who violates the provisions of subsection (b) of this section shall, upon conviction be fined not more than $5,000.00, or imprisoned for not more than one year, or both.
Ala. Code § 9-13-224 — Alabama Code / Title 9 / Chapter 13 / Section 9-13-224
Section 9-13-224 Notice to Creditors; Institution of Condemnation Proceedings; Legal Title to Equipment
Status: in_force

At least 60 days prior to the institution of condemnation proceedings as herein provided, notice shall be given by the court to any creditor who is known to have a secured interest, a judgment, lien or other interest in any vehicle or equipment seized pursuant to this article. Such creditors may claim their property during said 60-day period. Thereafter, the district attorney or other prosecuting officer of the judicial circuit upon receiving such report shall at once institute, or cause to be instituted, condemnation proceedings in the circuit court, in the same manner that he is directed by law to institute proceedings for the condemnation and forfeiture of automobiles and other vehicles used in the illegal transportation of alcoholic beverages. The legal title to any vehicle and other equipment seized under this article shall be presumed to be vested with the person, firm, or corporation that last purchased a vehicle tag for said vehicle or equipment.
Ala. Code § 9-13-165 — Alabama Code / Title 9 / Chapter 13 / Section 9-13-165
Section 9-13-165 Special Annual Tax for Forest Protection - Inspection, Designation, Listing and Placement on Tax Rolls of Lands Prior to Assessment and Levy
Status: in_force

The tax provided for in Section 9-13-161 shall not be assessed and levied until such time as the county board of equalization shall have first inspected and reviewed such property and shall have designated the same forestland, and such lands must have been returned to or listed with the tax assessor of the county where located as forestland and have been placed on the tax rolls for ad valorem taxation as other forestlands.
Ala. Code § 9-13-49 — Alabama Code / Title 9 / Chapter 13 / Section 9-13-49
Section 9-13-49 Disposition of Privilege Taxes
Status: in_force

Said privilege tax shall be paid to the State Forestry Commission and by it reported to the Comptroller and paid into the Treasury, whereupon the Comptroller shall draw and transmit to the tax collector of each county wherein such timber has been appraised and with respect to which such tax has been paid a warrant payable to such tax collector for the full amount of tax paid as to such county. Thereupon the tax collector shall treat and consider the payments so made to himself as if he had collected the same for and on account of state and county taxes duly assessed by the tax assessor upon the timber appraised as provided in this article and shall proceed to apportion, distribute and pay the same as if such taxes were ad valorem taxes assessed against the owner of the timber, after deducting therefrom for himself a commission of two percent upon the amount of such taxes and paying also the tax assessor a commission of two percent thereon. In all counties in which officials are paid on a salary basis, the commissions authorized in this section shall by said officials be paid into the treasury of said county.
Ala. Code § 9-10-35 — Alabama Code / Title 9 / Chapter 10 / Section 9-10-35
Section 9-10-35 Applications for Construction Permits; Duties of Commissioner of Conservation and Natural Resources as to Granting of Permits, Etc.; Enforcement of Compliance with Terms and Conditions of Permits
Status: in_force

(a) Before any construction work on any project may be undertaken by any corporation created under the terms of this article, said corporation shall apply to the Commissioner of Conservation and Natural Resources for a permit authorizing the proposed development. The corporation shall furnish with the application for permit the following information: Preliminary plans consisting of maps, plats, plans and drawings showing the general features of the development or developments it proposes to make, with the amount of water which will be required as related to the naturally available supply, the land areas and, if a multiple purpose project, the other clients which will benefit from the development and such other details as may be needed to make clear the extent and scope of the project.

(b) The said Commissioner of Conservation and Natural Resources shall make or have made a study of the water needs of the project as compared to the available supply and as related to the existing or anticipated needs of other water users in the basin who may be affected by the proposed development, making use of such studies or open public hearings as may, in his judgment, be required. Based on his findings, authority to develop as proposed or as modified for the purpose of protecting and conserving water supplies for others shall be granted. It shall further be the duty of the Commissioner of Conservation and Natural Resources to systematically check into the construction and operation of projects for which permits have been granted to ascertain if a corporation is complying with the terms and conditions of the permit.

(c) In the event any corporation is found not to be complying with the terms and conditions of the permit issued by said Commissioner of Conservation and Natural Resources, said Commissioner of Conservation and Natural Resources forthwith shall notify the corporation in writing in what manner the terms and conditions of the permit are being violated, and said corporation shall have 30 days after receipt of said notice to rectify or correct whatever violations are being committed. In the event corrections are not made at the end of the 30-day period or any extension of time which the said Commissioner of Conservation and Natural Resources shall have the authority to give, the Commissioner of Conservation and Natural Resources shall file a complaint in proper form in the circuit court in the county or counties in which such violation is located for a court order making mandatory the correction which he deems necessary.
Ala. Code § 9-13-106 — Alabama Code / Title 9 / Chapter 13 / Section 9-13-106
Section 9-13-106 Payment of Taxes by Counties or Municipalities Purchasing Forest Products
Status: in_force

When the governing body of any county or municipality in the state shall purchase any forest products upon which the privilege taxes imposed by this article have not been paid, then the said governing body of said county or municipality shall withhold from the purchase price the amount of the taxes due and shall remit it to the Department of Revenue in the same manner as is required of other taxpayers.
Ala. Code § 9-2-63 — Alabama Code / Title 9 / Chapter 2 / Section 9-2-63
Section 9-2-63 Bond of Director
Status: in_force

Before entering upon the duties of his office, the Director of the Division of Wildlife and Freshwater Fisheries shall execute to the State of Alabama a bond, to be approved by the Governor, in an amount to be fixed by the Commissioner of Conservation and Natural Resources, for the faithful performance of his duties.
Ala. Code § 9-12-110 — Alabama Code / Title 9 / Chapter 12 / Section 9-12-110
Section 9-12-110 Size of Mesh of Seines, Nets or Trawls Used for Taking of Saltwater Fish, Baits, Etc
Status: in_force

It shall be unlawful to have in possession or use for the taking of saltwater fish or other seafoods seines, nets or trawls with a mesh of a size other than that prescribed by the rules and regulations of the Department of Conservation and Natural Resources of the State of Alabama, where practical, to conform with Louisiana, Mississippi and Florida laws. All measurements of seines, nets and trawls are to be taken from knot to knot after said nets have been tarred and shrunk. The size of the mesh of all seines, nets and trawls and the size of other devices which are used for the sole purpose of taking minnows, shrimp or other baits for use as bait shall conform to the rules and regulations of the Department of Conservation and Natural Resources of the State of Alabama.
Ala. Code § 9-6-15 — Alabama Code / Title 9 / Chapter 6 / Section 9-6-15
Section 9-6-15 Exemptions from Taxation; Payment of Fees, Costs, Etc
Status: in_force

Each authority formed under this chapter, the property and income of the authority, all bonds issued by the authority, the income from such bonds or from any other sources, the interest and other profits from such bonds enuring to and received by the holders thereof, conveyances by and to the authority and leases, mortgages and deeds of trust by and to the authority shall be exempt from all taxation in the State of Alabama. The authority shall not be obligated to pay or allow the payment of any fees, taxes or costs to the Secretary of State in connection with its incorporation or with any amendment to its certificate of incorporation or otherwise or to any judge of probate of any county in connection with the recording by it of any document or otherwise, the authority being hereby exempted from the payment of any such fees, taxes and costs. No license or excise tax may be imposed by any authority with respect to the privilege of engaging in any of the activities authorized by this chapter.
Ala. Code § 9-13-65 — Alabama Code / Title 9 / Chapter 13 / Section 9-13-65
Section 9-13-65 Disposition of Fines
Status: in_force

All fines collected from violations of Sections 9-13-60 and 9-13-63 shall go to the Alabama Forestry Commission Fund.
Ala. Code § 9-11-524 — Alabama Code / Title 9 / Chapter 11 / Section 9-11-524
Section 9-11-524 Rulemaking Authority
Status: in_force

The Commissioner of the Department of Conservation and Natural Resources may adopt rules to implement and enforce this article.
Ala. Code § 9-17-4 — Alabama Code / Title 9 / Chapter 17 / Section 9-17-4
Section 9-17-4 Oil and Gas Board - Quorum; Votes Required for Promulgation of Rules, Regulations or Orders
Status: in_force

Two members of the board shall constitute a quorum, but two affirmative votes shall be necessary for the adoption or promulgation of any rule, regulation or order of the board.
Ala. Code § 9-12-123.1 — Alabama Code / Title 9 / Chapter 12 / Section 9-12-123.1
Section 9-12-123.1 Hardship Gill Net Licenses; Renewal and Transfer
Status: in_force

(a) The Department of Conservation and Natural Resources shall immediately approve the hardship licenses selected on November 17, 1995, pursuant to Executive Order No. 12.

(b) An individual approved pursuant to subsection (a) shall be subject to the same renewal qualifications as persons licensed under Act No. 95-287, H. 424, 1995 Regular Session.

(c) Hardship licenses approved by this section shall be subject to the transfer system established by the Department of Conservation and Natural Resources pursuant to Act No. 95-287, H. 424, 1995 Regular Session.

(d) This section shall be construed together with all laws relating to gill net licensure.
Ala. Code § 9-10-41 — Alabama Code / Title 9 / Chapter 10 / Section 9-10-41
Section 9-10-41 Bonds, Etc., Exempt from Taxation
Status: in_force

The exercise of the powers granted by this article will be in all respects for the benefit of the people of the state for the purpose of conserving natural resources, for the increase of commerce and prosperity and for the improvement of health and living conditions. Since the operation and maintenance of projects authorized by this article will constitute the performance of essential functions, the bonds authorized by this chapter and the income therefrom and all mortgages executed as security therefor shall be exempt from all taxation in the State of Alabama.
Ala. Code § 9-16-12 — Alabama Code / Title 9 / Chapter 16 / Section 9-16-12
Section 9-16-12 Disposition of Fees and Penalties
Status: in_force

(a) All fees and penalties collected under the provisions of this article shall be deposited in the General Fund of the State Treasury.

(b) All funds received from the forfeiture of bonds, sureties, cash, or governmental securities shall be placed in the State Treasury and credited to a special agency account created and designated as the Surface Mining Reclamation Fund. The department shall, for each bond, surety, or deposit of cash or securities forfeited, utilize the proceeds of the forfeiture for the reclamation of affected lands. The director may establish and carry out a systematic schedule for the reclamation and revegetation of lands which have been affected by strip mining operations and to which there is no obligation on any person to reclaim or revegetate. The department may cause the reclamation work to be done by employees of other governmental agencies or through contracts with qualified vendors. The department and any contractor shall have the right of access to the land affected to carry out the reclamation.

(c) The department may accept and use any funds, facilities, or personnel available for the purposes of this article.
Ala. Code § 9-10-45 — Alabama Code / Title 9 / Chapter 10 / Section 9-10-45
Section 9-10-45 Officers of Corporations Not to Be Interested in Contracts, Etc.; Penalty
Status: in_force

No officer of the corporation shall have any interest, directly or indirectly, in any contract awarded or to be awarded or in the profit to be derived therefrom. The violation of this section shall constitute a misdemeanor and, upon conviction, shall work a forfeiture of office and shall be punishable by a fine not exceeding $500.00 or by imprisonment in the county jail not exceeding six months or both.
Ala. Code § 9-17-177 — Alabama Code / Title 9 / Chapter 17 / Section 9-17-177
Section 9-17-177 Enforcement
Status: in_force

The council is authorized to bring an action in a court of competent jurisdiction to specifically enforce this article and prevent or restrain any person from violating any provisions of this article. If the council prevails in an action for compliance under this section, a court may require payment by the defendant of the costs incurred by the council in bringing the action.
Ala. Code § 9-15-83 — Alabama Code / Title 9 / Chapter 15 / Section 9-15-83
Section 9-15-83 Proceeds from Sale to Be Deposited to Credit of Fund of State Entity
Status: in_force

Whenever any real property is sold or leased under this article, the proceeds from the sale, less the expenses of the sale or lease, shall be deposited to the credit of the fund of the state department, commission, board, bureau, institution, corporation, or agency which offered the real property for sale.
Ala. Code § 9-10C-5 — Alabama Code / Title 9 / Chapter 10C / Section 9-10C-5
Section 9-10C-5 State Climatologist to Provide Input Regarding Drought Conditions
Status: in_force

The State Climatologist, in coordination with the Office of Water Resources, shall be responsible for providing an input to the drought monitor concerning drought conditions in this state. The input shall be consistent with any drought declarations issued by the Office of Water Resources. The state drought plan shall include provisions for this coordination process.
Ala. Code § 9-11-32 — Alabama Code / Title 9 / Chapter 11 / Section 9-11-32
Section 9-11-32 Duration and Scope of Licenses
Status: in_force

(a) Unless specifically provided otherwise by law, all annual wildlife heritage, hunting, and fishing licenses issued pursuant to this chapter shall be dated when issued and shall authorize the individual named on the license to participate in the licensed activities from September 1 or the date of issuance to the next August 31, and then only within the rules and restrictions provided by law.

(b)(1) An individual may not use any license issued by the Department of Conservation and Natural Resources as a valid or supplemental form of government issued identification for any purpose other than participation in the licensed activities authorized by the department.

(2) The department may adopt rules to implement this subsection.
Ala. Code § 9-11-41 — Alabama Code / Title 9 / Chapter 11 / Section 9-11-41
Section 9-11-41 Special Agents for Issuing Hunting and Fishing Licenses - Furnishing of Blank Licenses to Agents
Status: in_force

Upon the designation or appointment of such person, firm or corporation to act as special agent, as provided for in Section 9-11-39, the judge of probate or license commissioner of the county in which the appointment is made shall immediately furnish to such special agent blank hunting and fishing licenses, retaining a record of the serial numbers of such licenses. In no instance shall the judge of probate or license commissioner furnish blank licenses the value of which exceeds the amount of the bond of such special agent. The person, firm or corporation so designated or appointed by the judge of probate or license commissioner shall be responsible to the judge of probate or license commissioner for all licenses entrusted to them.
Ala. Code § 9-13-186 — Alabama Code / Title 9 / Chapter 13 / Section 9-13-186
Section 9-13-186 Participation by County Commissions in Fire Protection Program of State Forestry Commission - Assessments Against Owners of Forestlands for Costs - Compensation of Officials Making or Collecting Same
Status: in_force

Any officer performing any duties relative to the assessing or collecting of assessments made pursuant to this division shall receive as compensation therefor the same fees and allowances that he would receive for the performance of similar duties relative to the collection of special county taxes.
Ala. Code § 9-11-150 — Alabama Code / Title 9 / Chapter 11 / Section 9-11-150
Section 9-11-150 Use of Fishing Gear Within 100 Yards of Mouths of Streams, Etc., Emptying into Salt Waters or Bays
Status: in_force

No person shall take or catch or attempt to take or catch any fish by means of any of the fishing gear designated in this article within 100 yards above or below the mouth of any of the streams, lakes, estuaries, bayous or rivers emptying into any of the salt waters or bays of this state.
Ala. Code § 9-11-307 — Alabama Code / Title 9 / Chapter 11 / Section 9-11-307
Section 9-11-307 Penalties for Violations of Provisions of Article, Etc
Status: in_force

Any person violating this article or any rule adopted by the Commissioner of the Department of Conservation and Natural Resources under the authority of this article shall be guilty of a Class C misdemeanor, punishable as provided by law, except that the minimum fine shall not be less than one hundred dollars ($100).
Ala. Code § 9-12-65 — Alabama Code / Title 9 / Chapter 12 / Section 9-12-65
Section 9-12-65 Sale, Etc., of Shrimp or Oysters to Persons, Etc., Failing to Comply with Provisions of Article
Status: in_force

It shall be unlawful for any person to sell, barter, exchange, give or deliver to any person, firm or corporation doing business in Alabama any saltwater shrimp or oysters after having been notified in writing by the Department of Conservation and Natural Resources or its agent to the effect that such person, firm or corporation which the Department of Conservation and Natural Resources shall name in its notice has failed or refused to pay the tax on saltwater shrimp or oysters or to make the reports in writing required by law or has failed to comply with the other provisions of this article, and in the event such saltwater shrimp or oyster catcher or master of a boat handling saltwater shrimp or oysters sells, exchanges, barters, gives or delivers saltwater shrimp or oysters to the person, firm or corporation named in the notice as not having complied with the provisions of this article, the Department of Conservation and Natural Resources shall enter a cancellation of the license to take or catch saltwater shrimp or oysters or do business against the person or master of the boat offending against this section, which license shall not be reissued except at the discretion of the Commissioner of Conservation and Natural Resources.
Ala. Code § 9-18-4 — Alabama Code / Title 9 / Chapter 18 / Section 9-18-4
Section 9-18-4 Submission of Budget by Board
Status: in_force

Pursuant to Article III (a) of the compact, the board shall submit its budget of estimated expenditures to the Governor for presentation to the Legislature.
Ala. Code § 9-10B-26 — Alabama Code / Title 9 / Chapter 10B / Section 9-10B-26
Section 9-10B-26 Effect of Chapter on Other State Departments and Agencies
Status: in_force

Nothing in this chapter shall be interpreted as negating, destroying, impairing, preempting, or superseding any statutory, common law, or other legal right, duty, power, or authority of the Alabama Department of Environmental Management, the Alabama Department of Conservation and Natural Resources, the Alabama Department of Public Health, the Geological Survey of Alabama or any other agency or department of this state.
Ala. Code § 9-6-10 — Alabama Code / Title 9 / Chapter 6 / Section 9-6-10
Section 9-6-10 Bonds - Contracts to Secure Payment
Status: in_force

As security for payment of the principal and interest on bonds issued or obligations assumed by it, the authority may enter into a contract or contracts binding itself for the proper application of the proceeds of bonds and other funds, for the continued operation and maintenance of any equipment, facilities, apparatus or systems owned or controlled and operated by it or under its authority or any part or parts thereof, for the imposition and collection of reasonable rates and rentals for and the promulgation of reasonable regulations respecting the use of equipment, facilities, apparatus and systems of the authority and any service furnished therefrom, for the disposition and application of its gross revenues or any part thereof and for any other act or series of acts not inconsistent with the provisions of this chapter for the protection of the bonds and other obligations being secured and the assurance that revenues from such equipment, facilities, apparatus and systems will be sufficient to cover the cost of all direct operation of such equipment, facilities, apparatus and systems by the authority and the maintenance in good repair and good operating condition of such equipment, facilities, apparatus and systems owned and controlled by the authority, the payment of the principal of and interest on any bonds payable from such revenues and the maintenance of such reserves as may be deemed appropriate for the protection of the bonds, the efficient operation of such equipment, facilities, apparatus and systems and the making of replacements thereof and capital improvements thereto. Any contract pursuant to the provisions of this section may be set forth in any resolution of the board authorizing the issuance of bonds or the assumption of obligations or in any mortgage and deed of trust and trust indenture made by the authority under this chapter.
Ala. Code § 9-10B-14 — Alabama Code / Title 9 / Chapter 10B / Section 9-10B-14
Section 9-10B-14 Expiration of Term or Vacancy on Commission; Succession; Appointment
Status: in_force

At the expiration of the terms of the members initially appointed to the commission, their successors shall be appointed by the Governor, the Lieutenant Governor, and Speaker of the House of Representatives on the same basis as the initial members for terms of six years. No member of the commission may serve more than two full six-year terms. At the expiration of a term of office or in the event of a vacancy on the commission, the appropriate appointing authority shall promptly make an appointment to fill the vacancy for the remainder of the vacating member’s term. The expiring term of an incumbent member shall be continued until a successor is appointed. Notwithstanding the foregoing, the term of each successor to a member of the commission, including any initial member of the commission who is reappointed by the appropriate appointing authority, shall be deemed to begin on the day following the last day of the term of the member whose term has expired or is otherwise terminated regardless of the time such appointment is made. Any member of the commission who misses three consecutive meetings of the commission shall immediately cease to be a member thereof and the appropriate appointing authority shall appoint a new member to complete the remainder of the term of such member.
Ala. Code § 9-10B-18 — Alabama Code / Title 9 / Chapter 10B / Section 9-10B-18
Section 9-10B-18 Adoption of Rules and Regulations for Operation of Commission; Administrative Hearings
Status: in_force

As soon as reasonably practicable, but in no event later than one year from February 23, 1993, the commission shall adopt rules and regulations for the operation of the commission. The commission shall also adopt rules governing all administrative hearings and appeals involving the commission and the Office of Water Resources.
Ala. Code § 9-11-505 — Alabama Code / Title 9 / Chapter 11 / Section 9-11-505
Section 9-11-505 Penalties
Status: in_force

Any person, firm, corporation, or association that violates Sections 9-11-500 to 9-11-504, inclusive, of this article shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than two thousand dollars ($2,000) nor more than five thousand dollars ($5,000), and may be imprisoned in the county jail for a period of not more than 30 days for each offense. A second and subsequent offense shall be punishable by a fine of not less than five thousand dollars ($5,000), and by imprisonment in the county jail for not less than 10 nor more than 30 days.
Ala. Code § 9-14B-6 — Alabama Code / Title 9 / Chapter 14B / Section 9-14B-6
Section 9-14B-6 Powers of the Authority
Status: reserved

Repealed by Act 2013-222, §11, effective August 1, 2013.
Ala. Code § 9-11-147 — Alabama Code / Title 9 / Chapter 11 / Section 9-11-147
Section 9-11-147 Marking Location of and Identifying Fishing Gear
Status: in_force

It shall be unlawful for any person to use any of the fishing gear mentioned in Section 9-11-141, except slat boxes, in the public impounded waters and navigable streams of this state without marking their location by buoys or floats and identifying such nets and lines by showing the license number in plain figures upon the buoys or floats. The license number must be attached to all seines and nets, and at least one such buoy shall bear the name and address of the owner. It shall be unlawful to use slat boxes in said waters without permanently affixing thereto a metal tag stating thereon the name, address and license number of the licensee operating and using each slat box.
Ala. Code § 9-2-43 — Alabama Code / Title 9 / Chapter 2 / Section 9-2-43
Section 9-2-43 Contracts for Construction or Modification of Buildings or Facilities
Status: in_force

The Department of Conservation and Natural Resources is further empowered and authorized to enter into contracts for the construction or modification of any buildings or facilities within the jurisdiction of said department; provided, however, that all such contracts shall be invalid and void unless approved in writing by the Governor; and further provided that all such construction contracts shall be let and made in accordance with the provisions of Chapters 1, 2 and 5 of Title 39 of this code.
Ala. Code § 9-11-51 — Alabama Code / Title 9 / Chapter 11 / Section 9-11-51
Section 9-11-51 Hunting Without License, Etc
Status: in_force

(a) Any person other than a nonresident who hunts in this state or who utilizes a Division of Wildlife and Freshwater Fisheries shooting range without the required hunting license shall be guilty of a Class C misdemeanor, punishable by a fine of not less than seventy-five dollars ($75) nor more than two hundred fifty dollars ($250) for each offense. Notwithstanding the foregoing, a hunting license shall not be required for a resident or resident member of the immediate family who hunts on lands owned by him or her, nor shall a hunting license be required for a tenant or a member of the tenant’s immediate family who hunts on lands leased or rented by him or her, provided the hunter resides on the lands, nor of any resident of this state on active military duty who is in this state on leave and who has proof of that status in his or her possession.

(b) Any person other than a nonresident who lends or transfers his or her hunting license to another shall be guilty of a Class C misdemeanor, punishable by a fine of not less than seventy-five dollars ($75) nor more than two hundred fifty dollars ($250) for each offense.

(c) Any nonresident of the state who hunts in this state without first obtaining a nonresident hunting license permitting him or her to do so, or who lends or transfers his or her hunting license to another shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than three times the cost of the nonresident annual license without which he or she was convicted of hunting.
Ala. Code § 9-2-108 — Alabama Code / Title 9 / Chapter 2 / Section 9-2-108
Section 9-2-108 Disposition and Expenditure of Revenues from Sale of Timber, Etc., and from Operation of Certain New Facilities Within State Park System
Status: in_force

All the revenues derived from the sale of timber and timber products from lands owned by the Division of Parks of the Department of Conservation and Natural Resources and the revenues produced from any new facility within the state park system which is opened or placed in operation during that period of time between the effective dates of the biennial general appropriation bills shall be covered into the state Treasury to the credit of the State Park Fund of the Department of Conservation and Natural Resources and shall be expended only for the Division of Parks in such manner and such amounts as may be provided by the Legislature in the general appropriation bill and pursuant to the provisions of Article 4 of Chapter 4 of Title 41 of this code.
Ala. Code § 9-11-275 — Alabama Code / Title 9 / Chapter 11 / Section 9-11-275
Section 9-11-275 Construction of Article
Status: in_force

This article is supplemental to all laws relating to hunting and fishing and shall be construed in pari materia with Chapter 15 of Title 35.
Ala. Code § 9-12-4 — Alabama Code / Title 9 / Chapter 12 / Section 9-12-4
Section 9-12-4 Proceedings as to Violations of Chapter - Jurisdiction
Status: in_force

(a) Except as provided in subsection (b), jurisdiction of an alleged violation of this chapter shall be in the district court of the county where the offense is alleged to have been committed.

(b)(1) For the purposes of determining jurisdiction of violations of the marine resources law pursuant to this subsection, the following line is established: The line shall be the centerline of the Mobile Ship Channel as it is located in the Gulf of Mexico, southward to the last navigational buoy, commonly referred to as the “Farewell Buoy,” which is located at Latitude 30 degrees 07.490 minutes, Longitude 88 degrees 04.130 minutes, and extending due south from that point.

(2) If a violation of any marine resources law or regulation is alleged to have been committed in the Gulf of Mexico within the waters of the state, the jurisdiction of the offense shall be based on the global positioning system (GPS) location thereof and shall be in Baldwin County if the GPS location of the offense is east of the line described in subdivision (1) and shall be in Mobile County if the GPS location of the offense is west of the line described in subdivision (1).

(3) If a violation of any marine resources law or regulation is alleged to have been committed in the Gulf of Mexico outside the state’s territorial waters where the state has jurisdiction over the fishing vessel, recreational or commercial, under the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. §1856, or any other provision of federal law, the jurisdiction of the offense shall be based on the GPS location thereof and shall be in Baldwin County if the GPS location of the offense is east of the line described in subdivision (1) and shall be in Mobile County if the GPS location of the offense is west of the line described in subdivision (1).
Ala. Code § 9-2-11 — Alabama Code / Title 9 / Chapter 2 / Section 9-2-11
Section 9-2-11 Commissioner of Conservation and Natural Resources - Creation of Additional Divisions in Department; Appointment of Directors of Divisions
Status: in_force

With the approval of the Governor, the Commissioner of Conservation and Natural Resources may create and establish such additional division or divisions as may be determined to be necessary or convenient in the efficient and expeditious performance of the functions and duties of the Department of Conservation and Natural Resources and may assign functions and duties to such division or divisions, and he may transfer functions and duties from and to existing divisions from time to time. Directors of such divisions shall be appointed by the Commissioner of Conservation and Natural Resources with the approval of the Governor.
Ala. Code § 9-11-395 — Alabama Code / Title 9 / Chapter 11 / Section 9-11-395
Section 9-11-395 Promulgation of Rules and Regulations
Status: in_force

The commissioner shall have power and authority to establish such rules and regulations necessary to carry out the purpose of this article.
Ala. Code § 9-17-134 — Alabama Code / Title 9 / Chapter 17 / Section 9-17-134
Section 9-17-134 Determination by Board of Coalbed Methane Gas Wells Requiring Plugging
Status: in_force

Whenever, in the determination of the board, after reasonable notice to the operator of a coalbed methane gas well and a hearing held by the board and pursuant to such notice:

(1) The failure of the operator of a coalbed methane gas well to plug such well may pose a threat to the environment or to the public health, safety or welfare,

(2) The operator of said well shall have failed or refused to plug such coalbed methane gas well within a period deemed reasonable by the board, and

(3) The bond or other security filed by such operator under Section 9-17-6(c)(5) is or is expected to be inadequate to provide for the payment of the costs of plugging said well, the board shall undertake to provide for the proper plugging of said well through the use of moneys in the fund, provided that moneys adequate for such purpose, taking into account the aforesaid bond or other surety, shall then be on deposit in the fund.
Ala. Code § 9-12-122 — Alabama Code / Title 9 / Chapter 12 / Section 9-12-122
Section 9-12-122 Penalty for Commercial Shrimp Trawling in Waters Closed to Commercial Shrimping by Law or Regulation; Confiscation and Forfeiture of Trawls
Status: in_force

(a) It shall be unlawful for any person, firm or corporation to take shrimp by commercial shrimp trawling in waters closed to commercial shrimping by law or regulation. “Commercial shrimp trawling” means the taking or catching or attempting to take or catch shrimp by any trawl or trawls used together which exceed 16 feet as measured along the cork line; as well as, the taking, catching or attempting to take or catch shrimp by any trawl 16 feet or less as measured along the cork line while licensed as a commercial shrimp fisherman under Section 9-12-92 or Section 9-12-93.

(b) Persons, firms or corporations convicted of violating the provisions of this section shall be guilty of a misdemeanor and shall be punished by a fine of not less than $600.00 nor more than $900.00 for the first offense, not less than $900.00 nor more than $1,200.00 for the second offense and not less than $1,200.00 nor more than $1,500.00 for the third and subsequent offenses committed during any two consecutive years. All trawls in use at the time of the violation may be confiscated and held as evidence and upon conviction said trawls may be forfeited to the Department of Conservation and Natural Resources which shall dispose of same as it deems advisable.
Ala. Code § 9-21-3 — Alabama Code / Title 9 / Chapter 21 / Section 9-21-3
Section 9-21-3 Definitions; Diversity Requirement on Board
Status: in_force

For the purposes of this chapter, the following terms have the following meanings:

(1) Board means the Alabama Board for Aquatic Plant Management and shall include the following members:

a. The Commissioner of the Department of Conservation and Natural Resources or his or her designee.

b. The Commissioner of the Department of Agriculture and Industries or his or her designee.

c. The Director of the Department of Environmental Management or his or her designee.

d. The Director of the Department of Economic and Community Affairs or his or her designee;

e. The department head of the Auburn University College of Agriculture School of Fisheries and Allied Aquacultures or his or her designee.

f. A representative of the United States Corps of Engineers designated by the U.S. Army Corps of Engineers.

g. A member appointed by the Speaker of the House of Representatives.

h. A member appointed by the President Pro Tempore of the Senate.

i. A member appointed by the Governor who represents the recreational sport fishing industry.

The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. The board shall annually report to the Legislature by the second legislative day of each regular session the extent to which the board has complied with the diversity provisions of this subsection.

(2) Aquatic plant is any plant growing in, or closely associated with, the aquatic environment and includes floating, emersed, submersed, and ditch bank species, as determined by the board.

(3) Waters of the Tennessee River means bodies of public water located within the Tennessee River Basin or its tributaries.

(4) Cooperative Extension System means the primary outreach organization for the land-grant functions of Alabama A&M and Auburn Universities.
Ala. Code § 9-1-3 — Alabama Code / Title 9 / Chapter 1 / Section 9-1-3
Section 9-1-3 Lending, Borrowing, Selling, Etc., License
Status: in_force

The lending, borrowing, selling, buying, renting, or using in any way the license of another to hunt, fish, trap, deal in furs, or to take oysters or shrimp shall constitute a misdemeanor and shall be punishable by a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500).
Ala. Code § 9-10B-10 — Alabama Code / Title 9 / Chapter 10B / Section 9-10B-10
Section 9-10B-10 Establishment of Technical or Other Advisory Committees
Status: in_force

The division chief may establish such technical or other advisory committees to assist the commission or the Office of Water Resources in the performance of its functions and duties.
Ala. Code § 9-11-410 — Alabama Code / Title 9 / Chapter 11 / Section 9-11-410
Section 9-11-410 License Required
Status: in_force

Any person, firm, or corporation desiring to operate a bird hunting preserve commercially on which artificially propagated birds may be hunted, taken, captured, killed, harvested, or otherwise recovered shall obtain a bird hunting preserve license and comply with the provisions of this article and all rules promulgated by the Commissioner of Conservation and Natural Resources governing the operation of hunting preserves.
Ala. Code § 9-10-13 — Alabama Code / Title 9 / Chapter 10 / Section 9-10-13
Section 9-10-13 Construction of Terms Where Another State Agency Charged with Responsibility of Department of Conservation and Natural Resources
Status: in_force

In the event that a state agency other than the state Department of Conservation and Natural Resources may hereafter be charged with such responsibility as is in this article charged to the state Department of Conservation and Natural Resources, the term “Commissioner of Conservation and Natural Resources” wherever used in this article shall be construed to mean the executive head of the state agency so charged.
Ala. Code § 9-16-99 — Alabama Code / Title 9 / Chapter 16 / Section 9-16-99
Section 9-16-99 Surface Mining Operations Not Subject to This Article
Status: in_force

The provisions of this article shall not apply to any of the following activities:

(1) The extraction of coal by a landowner for his own noncommercial use from land owned or leased by him;

(2) For surface mining operations affecting two acres or less, the regulatory authority may waive certain requirements of this article where those requirements will not affect the reclamation of the affected lands;

(3) The extraction of coal as an incidental part of federal, state or local government-financed highway or other construction under regulations established by the regulatory authority;

(4) The extraction of coal incidental to the extraction of other minerals where coal does not exceed sixteen and two-thirds percent of the tonnage of minerals removed for commercial use or sale pursuant to regulations established by the regulatory authority.
Ala. Code § 9-13-141 — Alabama Code / Title 9 / Chapter 13 / Section 9-13-141
Section 9-13-141 (Amended by Act 2026-402) Setting Fires, Building Campfires or Burning Trash During Drought Emergencies; Backfires
Status: in_force

AMENDED BY ACT 2026-402, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

At such time as the State Forestry Commission has declared by regulation a drought emergency in any county or counties, it shall be unlawful in such county or counties for any person to set fire to any forest, grass, woods, wildlands or marshes or to build a campfire or bonfire or to burn trash or other material that may cause a forest, grass or woods fire. This prohibition does not apply to any backfire set by an official representative or agent of the State Forestry Commission. Nor does this prohibition apply when a backfire is set by any person for the purpose of saving life or property; provided, that such person shall have the burden of proving the necessity for setting such backfire if he claims same as a defense.
Ala. Code § 9-11-156 — Alabama Code / Title 9 / Chapter 11 / Section 9-11-156
Section 9-11-156 Penalties for Violations of Provisions of Article
Status: in_force

Any person, firm, copartnership, association or corporation violating any of the provisions of this article or rules and regulations based thereon shall be guilty of a Class A misdemeanor and, upon conviction for the first offense, shall be punished by a fine of not more than $2,000.00 and/or sentenced to imprisonment for not more than one year; upon conviction for the second or any subsequent offense, the punishment shall be by a fine of not less than $500.00 nor more than $2,000.00, and/or by imprisonment for not less than one month nor more than one year. In addition thereto, all commercial fishing gear, boats, motors, implements, instruments, appliances or things of whatsoever nature used in connection with the commission of such misdemeanor, if the owner is unknown, shall be seized and confiscated and shall become the property of the Division of Wildlife and Freshwater Fisheries of the Department of Conservation and Natural Resources and shall be disposed of as ordered by the Commissioner of Conservation and Natural Resources. Such fishing gear, boats, motors, implements, instruments, appliances or things of whatsoever nature used in connection with the commission of such misdemeanor, if the owner is known, shall be seized and confiscated and shall be disposed of as ordered by the court having jurisdiction thereof.
Ala. Code § 9-12-82 — Alabama Code / Title 9 / Chapter 12 / Section 9-12-82
Section 9-12-82 License Required for Taking of Oysters for Commercial Purposes; Penalty; Aquaculture License; Disposition of Funds
Status: in_force

(a) Before any person engages in the taking or catching of oysters from the waters or bottoms of the State of Alabama, the person shall first purchase an annual oyster catcher license. The license shall expire annually on September 30 and shall be twenty-five dollars ($25) . However, persons may take for personal, noncommercial purposes, from waters opened to commercial oystering, not more than 100 oysters per day without purchasing an oyster catcher license.

(b) Before any oyster aquaculture site or facility permitted by the state Department of Public Health engages in the taking of oysters from the waters or bottoms of this state, the oyster aquaculture permittee shall first purchase an annual oyster aquaculture license. The license shall allow employees of the aquaculture facility to engage in harvesting and sorting of oysters or to conduct other approved activities for the licensed facility without possessing an individual oyster catcher license. Authorized employees shall meet the requirements for harvest in accordance with all other rules of the Department of Conservation and Natural Resources and the state Department of Public Health. The license shall expire annually on September 30 and shall be two hundred fifty dollars ($250).

(c) A violation of this section shall be a Class C misdemeanor.

(d) The proceeds from the sale of the license shall be deposited to the credit of the Marine Resources Fund and the license shall expire on September 30 of each year.
Ala. Code § 9-10B-25 — Alabama Code / Title 9 / Chapter 10B / Section 9-10B-25
Section 9-10B-25 Considerations When Designating Capacity Stress Areas; Authority of Local Organizations to Implement Proposed Actions
Status: in_force

During the designation of a capacity stress area, the commission shall give due consideration to any hydrologic boundaries or other geographical considerations in designating an area of the state as a capacity stress area. In addition, the commission shall determine whether any local organization, including, but not limited to, watershed management authorities, conservancy districts, or soil and water conservation districts, are duly organized and authorized to implement the proposed actions in a capacity stress area other than those actions delegated to the Alabama Department of Environmental Management pursuant to Section 9-10B-23. In the absence of local organizations or in the event any such local organizations do not have the authority or are not authorized to take the action proposed within the capacity stress area, the Office of Water Resources shall implement such actions promulgated and adopted by the commission; provided, however, the Office of Water Resources shall recognize, cooperate, and coordinate with any such local organizations involved with the management, conservation, protection, enhancement, and development of the waters of the state within the capacity stress area.
Ala. Code § 9-14F-8 — Alabama Code / Title 9 / Chapter 14F / Section 9-14F-8
Section 9-14F-8 Bonds-Payment; Recordkeeping
Status: in_force

The State Treasurer is authorized and directed to pay the principal, premium, if any, and interest on the bonds issued under this chapter, as the principal, premium, if any, and interest shall respectively mature, and he or she is further authorized and directed to maintain appropriate records.
Ala. Code § 9-14F-7 — Alabama Code / Title 9 / Chapter 14F / Section 9-14F-7
Section 9-14F-7 Bonds-Generally
Status: in_force

The bonds issued pursuant to this chapter shall not be obligations of the authority but shall be general obligations of the state with the full faith and credit and taxing power of the state to be pledged to the prompt and faithful payment of the principal thereof and the interest and redemption premium, if any, thereon. The proceeds from the sale of the bonds shall be used exclusively for the purposes described in the amendment. The bonds may be sold and issued in one or more series at any time and from time to time; may have such series designations; may be in such forms, principal amounts, denominations and numbers; may be of such tenor and maturities; may bear such date or dates; may be payable in installments and at the time or times, may be payable at a place or places within or without the state; may bear interest at the rate or rates payable and evidenced in such manner; may contain provisions for redemption at the option of the state to be exercised by the authority on the date or dates prior to their respective maturities and upon payment of the redemption price or prices; and may contain such other provisions not inconsistent with the amendment and this chapter, all as shall be provided by the board of directors of the authority in the resolution or resolutions pursuant to which the bonds are authorized, sold, and issued.
Ala. Code § 9-12-41 — Alabama Code / Title 9 / Chapter 12 / Section 9-12-41
Section 9-12-41 Harvesting of Undersized Oysters
Status: in_force

Should the private individual, firm or corporation operating under the conditions set forth in Section 9-12-39 or any of the permittees of said individual, firm or corporation be found guilty of harvesting undersize oysters as provided for by regulations governing the harvesting of oysters from public beds, bottoms or reefs on any beds, bottoms or reefs belonging to another individual, firm or corporation or on a public reef, bottom or bed, the conditions and privileges set forth in Section 9-12-39 shall be voided and withdrawn to said individual, firm or corporation and shall not be renewed for a period of one calendar year from the date of the conviction of said individual, firm or corporation or any of its permittees.
Ala. Code § 9-13-122 — Alabama Code / Title 9 / Chapter 13 / Section 9-13-122
Section 9-13-122 Declaration of Existence of Control Zones, Etc
Status: in_force

Whenever the State Forester determines that there exists an infestation or infection injurious to timber of forest growth on privately owned lands and that said infestation or infection is of such a nature as to be a menace to the timber on forestlands of adjacent owners, the State Forester, with the approval of the State Forestry Commission, may declare the existence of a control zone and describe and fix the control zone boundaries.
Ala. Code § 9-11-232 — Alabama Code / Title 9 / Chapter 11 / Section 9-11-232
Section 9-11-232 Possession, Sale, Purchase, Etc., of Protected Wild Birds, Etc
Status: in_force

Any person, firm, association, or corporation who takes, catches, kills, or has in possession at any time, living or dead, any protected wild bird not a game bird, or who sells or offers for sale, buys, purchases, or offers to buy or purchase any such bird or exchange same for anything of value, or who shall sell or expose for sale or buy any part of the plumage, skin, or body of any bird protected by the laws of this state, or who shall take or willfully destroy the nests of any wild bird, or who shall have the nests or eggs of the birds in his or her possession, except as otherwise provided by law, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each offense.
Ala. Code § 9-17-191 — Alabama Code / Title 9 / Chapter 17 / Section 9-17-191
Section 9-17-191 Funding for Coastal Conservation
Status: in_force

It is the intent of the Legislature, by the passage of this article, to require that all federal funds made available to the state through Public Law 109-432, Division C, Title I, (43 U.S.C. § 1331 note), and administered by the Alabama Department of Conservation and Natural Resources pursuant to the purposes authorized by the federal act, be expended only within the coastal political subdivisions of the state.
Ala. Code § 9-14-23 — Alabama Code / Title 9 / Chapter 14 / Section 9-14-23
Section 9-14-23 Bonds for Contracts; Failure of Successful Bidders to Execute Contracts; Rejection of All Bids; Negotiation of Contract
Status: in_force

(a) The Commissioner of Conservation and Natural Resources shall require and set appropriate bonds (but in no event in an amount less than $50,000.00 per $1,000,000.00 or fraction thereof of the construction, equipping and furnishing cost of the facility leased) for all park concession contracts in an amount deemed sufficient to fully protect the interest of the state for the faithful performance of the terms of said contracts and for the payment of all moneys which may become due to the state by virtue of the provisions of such contracts.

(b) A failure by a successful bidder on any concession contract to execute same to the commissioner within 20 days of receipt thereof and within the same time limit to provide the state with all required bonds together with such evidence of insurance as is required under the terms of the contract may, at the option of the commissioner, be treated as a refusal to execute; and, upon such determination by the Commissioner, all rights of the successful bidder shall terminate, and any and all moneys or considerations paid into the state shall be forfeited.

(c) If the Commissioner of Conservation and Natural Resources, after receipt of all bids on a concession contract, deems that the acceptance of any bid would not be in the best interest of the state, he may reject all bids. He may thereafter negotiate a concession contract; provided, that said negotiated contract must give better terms to the state than any of the rejected bids.
Ala. Code § 9-15-16 — Alabama Code / Title 9 / Chapter 15 / Section 9-15-16
Section 9-15-16 Maximum Amount for Charges for Administration, Etc., of Lands
Status: in_force

In no case shall the charges for administering, managing, protecting, or developing the lands exceed 10 percent of the gross income derived from the lands.
Ala. Code § 9-2-8 — Alabama Code / Title 9 / Chapter 2 / Section 9-2-8
Section 9-2-8 Commissioner of Conservation and Natural Resources - Promulgation of Rules and Regulations as to Game, Fish and Seafood; Publication and Distribution of Laws, Etc
Status: in_force

The Commissioner of Conservation and Natural Resources is authorized to make and promulgate such reasonable rules and regulations not in conflict with the provisions of the game and fish laws as he may deem for the best interest of the conservation, protection and propagation of wild game, birds, animals, fish and seafoods, which rules and regulations shall have the effect of law; provided, that the Commissioner of Conservation and Natural Resources shall not have the right to make or promulgate any rules or regulations which will hamper industry or which will interfere with the operation of any industrial plant or plants or any industrial operation. The Commissioner of Conservation and Natural Resources shall not have the right to make or promulgate any rules or regulations which will hamper or interfere with the construction of dams built for impounding private waters as defined by the legislature or which will hamper or interfere with the catching, the marketing, the sale or resale or buying of the fish crop or any fish caught or taken from private waters as defined by the Legislature or which will in any way hamper or interfere with the maximum development of private waters as a source of food, farm income and recreation in the State of Alabama. The Commissioner of Conservation and Natural Resources shall publish in pamphlet form for general distribution all laws together with such rules and regulations relating to game, birds, fish, fur bearers, seafoods and other matters over which such Commissioner of Conservation and Natural Resources has authority or supervision. Such pamphlet so published shall be received in evidence without further proof of such rules and regulations in any court of this state.
Ala. Code § 9-9-55 — Alabama Code / Title 9 / Chapter 9 / Section 9-9-55
Section 9-9-55 Correction of Errors in Court Proceedings, Etc
Status: in_force

The board of water management commissioners may petition the court; and, upon a proper showing, the court shall correct errors or omissions that may have occurred in any proceedings or decrees in relation to any district organized under this article; provided, that notice by publication as provided in this article shall be given to any person whose lands are affected by such proposed correction and that no other person or property shall be affected by such proceeding.
Ala. Code § 9-11-95 — Alabama Code / Title 9 / Chapter 11 / Section 9-11-95
Section 9-11-95 Disposition of Fines, Forfeitures, Etc
Status: in_force

All money arising under the provisions of this article from fines, forfeitures, etc., and not otherwise provided for shall be forwarded to the Treasurer on the first day of each month and covered into the Game and Fish Fund.
Ala. Code § 9-15-78 — Alabama Code / Title 9 / Chapter 15 / Section 9-15-78
Section 9-15-78 Bids to Be Publicly Taken by Director; Notice; Bids to Become Public Record
Status: in_force

The bids shall be publicly taken or opened in Montgomery or such other place as may be designated by the Lands Division, in case of sealed bids, by the Director of the Lands Division of the state Department of Conservation and Natural Resources or his or her designee and the department, board, bureau, commission, institution, corporation, or agency selling the property may have a representative present. When a sale or lease is to be made, notice shall be given to the highest bidder within 30 days after taking the bids of the state’s acceptance of his or her bid and of the state’s intention to sell or lease the property to him or her. The bid of the successful bidder so marked, as well as the bids of the unsuccessful bidders in the case of sealed bids, shall be placed on file open to public inspection and shall become matters of public record.
Ala. Code § 9-14B-3 — Alabama Code / Title 9 / Chapter 14B / Section 9-14B-3
Section 9-14B-3 Definitions
Status: reserved

Repealed by Act 2013-222, §11, effective August 1, 2013.
Ala. Code § 9-11-302 — Alabama Code / Title 9 / Chapter 11 / Section 9-11-302
Section 9-11-302 Closing of Land or Water in Areas to Hunting and Fishing
Status: in_force

The Commissioner of Conservation and Natural Resources is authorized to close to all hunting and fishing any land or water within the boundary of a wildlife management area which is not under a cooperative wildlife management agreement with the Department of Conservation and Natural Resources; provided, that at least 90 percent of the said wildlife management area is under such agreement.
Ala. Code § 9-11-92 — Alabama Code / Title 9 / Chapter 11 / Section 9-11-92
Section 9-11-92 Preventing Passage of Fish Up Rivers or Creeks
Status: in_force

Any person who by means of traps or other obstructions other than dams prevents the passage of fish up the waters of any river or creek in this state must, on conviction, be fined not more than $100.00, but it shall not be unlawful to erect or maintain a dam on a nonnavigable stream for the impounding of private waters for the production of fish for food and recreation or for the furtherance of any lawful business without providing or maintaining means for the passage of fish up such stream.
Ala. Code § 9-8-58 — Alabama Code / Title 9 / Chapter 8 / Section 9-8-58
Section 9-8-58 Referendum Upon Creation of District - Counting, Etc., of Votes; Certification, Recordation and Filing of Results
Status: in_force

The votes shall be counted by the election officers at the close of the polls, and report of the results, along with the ballots, shall be delivered to the polling superintendent, who shall certify the results to the board of supervisors. If a majority of the votes cast favor creation of the district, the board of supervisors shall certify such results to the judge of probate of the county or counties involved. Upon proper recording of such action, such watershed conservancy district shall be duly created. After recording, the certification shall be filed with the State Soil and Water Conservation Committee.
Ala. Code § 9-11-328 — Alabama Code / Title 9 / Chapter 11 / Section 9-11-328
Section 9-11-328 Applicability of Article; Importation of Cervidae Species
Status: in_force

(a) Except as provided in subsection (b), this article shall not apply to a municipal, county, state, or other publicly owned zoo or wildlife exhibit or a privately owned traveling zoo, circus, or pet shop.

(b) A municipal, county, state, or other publicly owned zoo or wildlife exhibit or a privately owned traveling zoo, circus, or pet shop shall not import or cause to be imported into the state any species of the family Cervidae.
Ala. Code § 9-11-43 — Alabama Code / Title 9 / Chapter 11 / Section 9-11-43
Section 9-11-43 Responsibility of Judge of Probate or License Commissioner as to Licenses; Disposition of Fees from Sale of Licenses
Status: in_force

The judge of probate or license commissioner shall be responsible to the Department of Conservation and Natural Resources for the licenses which said Department of Conservation and Natural Resources issued to them, and disposition of the issuance fees from the sale of such licenses shall be made by the judge of probate or license commissioner as provided by law.
Ala. Code § 9-11-94 — Alabama Code / Title 9 / Chapter 11 / Section 9-11-94
Section 9-11-94 Catching, Killing, Etc., of Game or Nongame Fish by Means Not Expressly Allowed
Status: in_force

(a) It shall be unlawful for any person to take, catch, stun, or kill or attempt to take, catch, stun, or kill any game or nongame fish by any means other than those which are expressly allowed by law or regulation of the Department of Conservation and Natural Resources in any of the public waters of this state.

(b) Any person who uses any electrical device or any other device or instrument capable of taking, catching, stunning, or killing game or nongame fish, which is not expressly allowed by law or regulation of the Department of Conservation and Natural Resources shall be in violation of this section, and the violation shall be punishable by a fine of not less than five hundred dollars ($500) nor more than two thousand dollars ($2,000). Any person convicted the second time of violating this section shall be guilty of a misdemeanor and shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000). The court, for any conviction, may also impose a jail sentence of not longer than six months.

(c) The possession of any electrical device or any other device or instrument, on the bank of a public stream or other public body of water or in a boat on such water which is capable of taking, catching, stunning, or killing fish and which device or instrument is not expressly allowed by law or regulation of the Department of Conservation and Natural Resources shall be prima facie evidence that the device or instrument is being used illegally for the purpose of taking, catching, stunning, or killing or attempting to take, catch, stun, or kill game or nongame fish.
Ala. Code § 9-10-39 — Alabama Code / Title 9 / Chapter 10 / Section 9-10-39
Section 9-10-39 Investment in Bonds by State, Banks, Insurance Companies, Etc.; Deposit of Bonds, Etc., with State or Municipal Officers or Agencies
Status: in_force

Bonds issued by the corporation under the provisions of this article are hereby made securities in which the state and all political subdivisions of this state, their officers, boards, commissions, departments or other agencies, all banks, bankers, savings banks, trust companies, savings and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations, and other persons carrying on an insurance business and all administrators, executors, guardians, trustees and other fiduciaries and all other persons whatsoever who now are or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest any funds including capital belonging to them or within their control.

The bonds or other securities or obligations are hereby made securities which properly and legally may be deposited with and received by any state or municipal officer or agency of the state for any purpose for which the deposit of bonds or other obligations of the state is now or hereafter may be authorized by law.
Ala. Code § 9-11-254 — Alabama Code / Title 9 / Chapter 11 / Section 9-11-254
Section 9-11-254 Limitation as to Number of Traps for Taking, Etc., of Fur-Bearing Animals; Penalty
Status: in_force

No person using traps for the purpose of taking or catching fur-bearing animals shall be permitted to set or have set in any one day more than 150 traps. A violation of the provisions of this section shall be a misdemeanor, and the person so violating shall be punished by a fine of not less than $10.00 nor more than $25.00 for each offense.
Ala. Code § 9-17-108 — Alabama Code / Title 9 / Chapter 17 / Section 9-17-108
Section 9-17-108 Directive Order of Discontinuance; Appeal; Injunction; Hearings by Board; Imposition of Penalties
Status: in_force

(a) Due to the inherent nature of liquefied petroleum gas which could cause a danger to the public or to a liquefied petroleum gas user, the board or the board administrator shall have the administrative authority to issue a written directive order requiring any person who violates any of the provisions of this article as amended from time to time or any rule or regulation promulgated by the board to discontinue the operation of any LP-gas business or LP-gas system immediately and prohibit such person from commencing operations until said violations have been corrected. When a written directive is issued by the board or the board administrator, it shall be immediately complied with by the recipient. When a directive order has been issued against a person, the recipient may, within five days, appeal to the circuit court of the county in which the said violations occurred. The circuit court shall within 10 days review such written directive and file a decision thereon and unless, by the authority of said court, the directive is revoked or modified, it shall remain in full force and be complied with within the time fixed in the said directive or by decision of the circuit court. Any person who feels himself aggrieved by the decision of the circuit court may, within the time provided by law after the issuance of the decision of the circuit court, file an appeal with the Court of Civil Appeals to review such decision or judgment. Such parties as shall file an appeal shall file a bond in the amount fixed by the court or by law and unless said directive is revoked or modified by the Court of Civil Appeals the directive shall be complied with in the time fixed by said directive or by decision of the Court of Civil Appeals.

(b) Any person engaging in the State of Alabama in any of the businesses defined in Section 9-17-105, without first having secured a permit as provided by Section 9-17-105 or who shall have been convicted of a second or subsequent offense of violating any of the provisions of this article or any rule, order or regulation promulgated pursuant hereto may be enjoined from engaging in such business in the State of Alabama for a period of not less than one nor more than five years, and the board, through the district attorneys or Attorney General, may institute such action in courts of competent jurisdiction of this state without the necessity of posting bond.

(c) The board is authorized to hold hearings, call witnesses, administer oaths, take testimony and obtain evidence in the conduct of its business. It is further authorized to impose monetary penalties and take such disciplinary actions as are authorized.
Ala. Code § 9-17-3.1 — Alabama Code / Title 9 / Chapter 17 / Section 9-17-3.1
Section 9-17-3.1 Oil and Gas Board — Exemption from Sunset Law
Status: in_force

Commencing on February 8, 2018, the State Oil and Gas Board is not subject to review as an enumerated agency under the Alabama Sunset Law.
Ala. Code § 9-11-241 — Alabama Code / Title 9 / Chapter 11 / Section 9-11-241
Section 9-11-241 Hunting, Trapping, Etc., of Wild Game During Day on Lands of Another Without Permission
Status: in_force

Any person who hunts, traps, captures, injures, kills, or destroys, or attempts to hunt, trap, capture, injure, kill, or destroy any wild game on the lands of another between the hours of daylight and sunset without the written permission of or accompanied by the landowner or person in possession or control of the lands shall be guilty of a misdemeanor and, upon conviction, shall be punished for the first offense by a fine of not less than one thousand dollars ($1,000), and at the discretion of the court may have all hunting license privileges revoked for up to one year from the date of conviction. Any person shall be punished for the second and each subsequent offense by a fine of not less than two thousand dollars ($2,000) and the revocation of all hunting license privileges for one year from the date of conviction, and shall be imprisoned in the county jail for a period not less than 10 nor more than 30 days.

This section shall not apply to the members of the family, guests, servants, or agents of the landowner.
Ala. Code § 9-12-123 — Alabama Code / Title 9 / Chapter 12 / Section 9-12-123
Section 9-12-123 License for Use of Gill Net
Status: in_force

A recreational gill net license may be issued to anyone wishing to utilize a 300-foot or less gill net for noncommercial purposes for a fee of $50.00. Persons taking fish from Alabama waters under the auspices of the recreational gill net license may not sell, barter, or offer for sale or barter, fish taken under this authority.
Ala. Code § 9-11-38 — Alabama Code / Title 9 / Chapter 11 / Section 9-11-38
Section 9-11-38 Special Agents for Issuing Hunting and Fishing Licenses - Application for Appointment; Authority
Status: in_force

Any person, firm or corporation who or which resides at the county seat in which the county courthouse is located and who or which is engaged in the business of selling hunting and fishing equipment may make application in writing to the judge of probate or license commissioner of said county for the purpose of acting as special agent for issuing hunting and fishing licenses. Such agents shall have authority to issue all such licenses, resident or nonresident, to all persons complying with the provisions of the laws pertaining to the issuance of such licenses.
Ala. Code § 9-11-35 — Alabama Code / Title 9 / Chapter 11 / Section 9-11-35
Section 9-11-35 Hunting or Fishing License Not Required of Member of Armed Forces During War
Status: in_force

No person serving as a member of the Armed Forces of the United States of America shall be required to procure a hunting license or a fishing license to hunt or fish within the State of Alabama during any period of time in which the United States of America is engaged in a war.
Ala. Code § 9-11-520 — Alabama Code / Title 9 / Chapter 11 / Section 9-11-520
Section 9-11-520 Registration of Enclosures for Game Animal of the Species of the Family Cervidae; Fees
Status: in_force

(a) Any person, firm, corporation, or association operating an enclosure for any game animal, as defined in Section 9-11-500(1), of the species of the family cervidae that complies with this chapter and all applicable rules adopted by the Commissioner of Conservation and Natural Resources thereunder, including, but not limited to, the rules governing the release of captive raised cervidae, rules governing deer enclosures, and rules related to restrictions on possession, sale, importation, and/or release of certain animals, may register the enclosure annually with the Department of Conservation and Natural Resources.

(b) The registration fee shall be two thousand five hundred dollars ($2,500) per year and shall be subject to adjustment as provided for in Section 9-11-68. The registration form shall be prescribed by the Commissioner of Conservation and Natural Resources. All registration forms and fees must be submitted on or before July 1 of each year. All registration fees collected by the department shall be paid into the Game and Fish Fund of the Department of Conservation and Natural Resources.
Ala. Code § 9-18-2 — Alabama Code / Title 9 / Chapter 18 / Section 9-18-2
Section 9-18-2 Member of Southern Interstate Nuclear Board
Status: in_force

The Governor shall appoint one member of the Southern Interstate Nuclear Board as established by Article II of the compact. Said member shall serve at the pleasure of the Governor. If said member is the head of a regularly constituted department or agency of this state, he may designate a subordinate officer or employee of his department or agency to serve in his stead as permitted by Article II (a) of the compact and in conformity with any applicable bylaws of the board.
Ala. Code § 9-11-247 — Alabama Code / Title 9 / Chapter 11 / Section 9-11-247
Section 9-11-247 Taking, Keeping, Etc., of Raccoons for Use in “Coon on the Log” Contests
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 9-16-135 — Alabama Code / Title 9 / Chapter 16 / Section 9-16-135
Section 9-16-135 Special Abandoned Mine Reclamation Trust Fund; Deposit, Administration and Disbursal of Funds
Status: in_force

There is hereby created in the State Treasury a Special Abandoned Mine Reclamation Trust Fund to receive and retain up to 30 percent of the appropriated funds granted annually by the Secretary of the U.S. Department of Interior for the reclamation of abandoned mine lands in Alabama. All moneys so deposited by the Secretary of the Department of Labor shall accrue interest, and together with all interest earned, shall be available for expenditure by the Secretary of the Department of Labor after August 3, 1992, solely to accomplish the purposes set forth in Section 9-16-122(b). All moneys in this fund shall be deposited, administered and disbursed in the same manner and under the same conditions and requirements as provided by law for other special trust funds in the State Treasury. Moneys in this special trust fund shall be separately accounted for and continuously available to the Secretary of the Department of Labor for expenditure as herein provided and shall not lapse at any time.
Ala. Code § 9-13-227 — Alabama Code / Title 9 / Chapter 13 / Section 9-13-227
Section 9-13-227 Provisions Cumulative
Status: reserved

The provisions of this article are cumulative and should not be construed to repeal or supersede any laws not directly inconsistent herewith; provided, however, those laws or parts of law which are in direct conflict are specifically repealed only to the extent that there is such conflict.
Ala. Code § 9-16-1.1 — Alabama Code / Title 9 / Chapter 16 / Section 9-16-1.1
Section 9-16-1.1 Legislative Findings
Status: in_force

(a) The Alabama Legislature has found and determined the following:

(1) A 1991 United States Department of the Interior audit report warned that the Non-Fuel Minerals Mining Law of Alabama is outdated and that mine operators are deliberately laying waste to mined land rather than restoring it.

(2) The standards for coal mining reclamation have improved dramatically over the last 25 years.

(3) The citizens of Alabama are endangered by unreclaimed highwalls, water impoundments, and open pits.

(b) In view of these findings, the Legislature deems it necessary to deny the issuance of surface mine permits to operators who have demonstrated a pattern of willfully violating the mining law, and to improve environmental controls by requiring that highwalls be backfilled after mining.
Ala. Code § 9-3-18.1 — Alabama Code / Title 9 / Chapter 3 / Section 9-3-18.1
Section 9-3-18.1 Use of Funds by Volunteer Fire Departments and Volunteer Rescue Squads
Status: in_force

(a) For the purposes of this section, the following words have the following meanings:

(1) DEPARTMENT. A volunteer fire department certified by the State Forestry Commission and meeting the requirements of Section 9-3-17.

(2) SQUAD. A volunteer rescue squad located in Alabama which is a member of the Alabama Association of Rescue Squads and is either administered by a board of directors or by its membership that maintains recorded minutes of its decisions.

(3) STATION. The location where a volunteer fire department or a volunteer rescue squad meets, trains, and stores its motorized and nonmotorized firefighting or rescue equipment.

(4) VOLUNTEER FIRST RESPONDER. An individual who is a member of a volunteer fire department or a member of a volunteer rescue squad.

(b) To provide for the health and safety of volunteer first responders, a department or squad may use funds that are designated as restricted for accounting purposes by the Department of Examiners of Public Accounts to purchase the following:

(1) Kitchen equipment for the station, including refrigeration equipment, cooking equipment, microwaves, and other kitchen equipment. All kitchen equipment shall be the property of the department or squad.

(2) Food to be stored or refrigerated at the station for on-site consumption by volunteer first responders and electrolyte replacement or sports drinks, water, and similar liquid sustenance in any form for use by volunteer first responders during training or on a fire or rescue call.

(c) Any funds expended pursuant to this section shall be accounted for and maintained for a minimum of three years by the department or squad. Detailed records of all expenditures to be maintained shall include, but not be limited to, all of the following:

(1) All items purchased in any calendar year.

(2) The cost of each item purchased in any calendar year.

(3) The location of each item purchased in any calendar year.

(4) The total amount expended for each calendar year.

(d) A county commission shall not be responsible for the expenditures by or the activities of a volunteer fire department or a volunteer rescue squad pursuant to this section.
Ala. Code § 9-14C-7 — Alabama Code / Title 9 / Chapter 14C / Section 9-14C-7
Section 9-14C-7 Designation as State Agency; Rules and Regulations; Law Enforcement Officers
Status: in_force

(a) The commission shall be a state agency and shall have exclusive control over the Red Mountain Greenway and Recreational Area and the area appurtenant thereto, all improvements and exhibits located thereon, and any additions constructed, created, leased, acquired, or erected in connection therewith.

(b) The commission shall have the power and authority to establish and promulgate and from time to time alter, amend, or repeal rules concerning the preservation, protection, and use of the Red Mountain Greenway and Recreational Area and to maintain the peace therein. Any person who violates any rule of the commission shall be guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than one year, or both, and may be adjudged to pay all costs of the proceedings.

(c) The commission may designate any employee or employees of the commission as law enforcement officers, who shall have full authority to prefer charges against or make arrests of any person or persons violating any rule of the commission, in lieu of or in conjunction with the other law enforcement agencies.
Ala. Code § 9-6-13 — Alabama Code / Title 9 / Chapter 6 / Section 9-6-13
Section 9-6-13 Aid and Cooperation of Political Subdivisions, Agencies or Other Instrumentalities of State
Status: in_force

For the purpose of effecting the control, abatement or prevention of water, air or general environmental pollution or of aiding or cooperating with the authority in the planning, development, undertaking, construction, extension, improvement, operation or protection of equipment, facilities, apparatus and systems, the purpose of which is to control, abate or prevent any such pollution, any county, municipality or other political subdivision, public corporation, agency or instrumentality of this state may, upon such terms and with or without consideration, as it may determine:

(1) Lend or donate money to or perform services for the benefit of the authority;

(2) Donate, sell, convey, transfer, lease or grant to the authority, without the necessity of authorization at any election of qualified voters, any property of any kind, any interest therein and any franchise; and

(3) Do any and all things, whether or not specifically authorized in this section and not otherwise prohibited by law, that are necessary or convenient in connection with aiding and cooperating with the authority in its efforts to control, abate or prevent water, air or general environmental pollution.
Ala. Code § 9-9-19 — Alabama Code / Title 9 / Chapter 9 / Section 9-9-19
Section 9-9-19 Compensation of District Officers and Employees
Status: in_force

Each member of the board of viewers shall receive as compensation for his services $25.00 per diem when actually employed. The secretary of the board of water management commissioners shall be entitled to such compensation for his secretarial work as may be agreed upon by the board of water management commissioners. Any attorney, engineer or assistant engineer or assistants employed under the provisions of this article shall receive such compensation for his or their services as shall be fixed and determined upon by the court of probate, together with reimbursement for all necessary expenses, until the board of water management commissioners is appointed, which shall then assume jurisdiction of these matters. The compensation of the treasurer of the district and of all other assistants and employees shall be determined by the board of water management commissioners. Such expenses shall be paid by order of the board of water management commissioners out of the fund provided for that purpose, and the board of water management commissioners shall issue warrants therefor in payment thereof.
Ala. Code § 9-14E-5 — Alabama Code / Title 9 / Chapter 14E / Section 9-14E-5
Section 9-14E-5 Acceptance of Proposals; Project Agreement; Gulf State Park Project Committee
Status: in_force

(a) No later than 30 days after acceptance of a proposal by the Governor, the Governor shall submit the accepted proposal to the Director of Finance and Alabama Building Commission for evaluation, review, and comments pertaining to the information provided in the proposal. The Director of Finance and Alabama Building Commission shall provide such evaluation, review, and comments to the Governor no later than 60 days after acceptance of a proposal by the Governor.

(b) Upon acceptance of a proposal by the Governor, and subject to the provisions of subsection (a), the Governor shall enter into negotiations of a project agreement with the person who submitted the accepted proposal. Any project agreement negotiated by the Governor shall provide that the employment of engineers, architects, attorneys, contractors, consultants or other employees or agents should reflect the racial and ethnic diversity of the state. If, upon negotiation, the Governor is unable to approve a project agreement, then the Governor shall repeat the process provided for in this chapter until such time as a project agreement is approved by the Governor.

(c) Officers and employees of the department, members of the Legislature, and members of their families, are excluded from submission of a proposal hereunder.

(d) There is hereby established the Gulf State Park Project Committee which shall consist of the Governor, who shall be an ex officio member and chairman of the committee, and seven other persons as follows: the Lieutenant Governor, or his or her designee; the Speaker of the House of Representatives, or his or her designee; the President Pro Tempore of the Senate, or his or her designee; the State Finance Director, or his or her designee; the Alabama Secretary of Commerce, or his or her designee; the Commissioner of the Department of Conservation and Natural Resources, or his or her designee; and the Chair of the Joint Legislative Committee on State Parks, or his or her designee. The committee provided for herein shall meet at the call of the chair, and five members present shall constitute a quorum. The committee, by a majority vote of a quorum, may approve or reject any project agreement negotiated and approved by the Governor. In the event the committee rejects a project agreement negotiated and approved by the Governor, then the Governor shall repeat the process provided for in this chapter until such time as a project may be approved by the committee.

(e) The Governor shall execute each project agreement made herein, in accordance with all applicable provisions of law and not inconsistent with any provision of this chapter, and the written approval of the Governor shall be set forth on each such project agreement.

(f) The term of any ground lease shall not exceed 70 years, including all extension and renewal periods. The Governor, no sooner than one year prior to the expiration date of any ground lease, or immediately upon termination of any ground lease prior to the expiration date of the ground lease, may enter negotiations with any person for execution of a subsequent ground lease. The provisions of any ground lease executed pursuant to this chapter shall be in accordance with all applicable provisions of law and not inconsistent with this chapter.

(g) If any project agreement is terminated prior to or upon the expiration thereof, the Governor may, from time to time, issue new requests for proposals as provided herein. Any proposal submitted in response to a request for proposal shall be subject to the provisions of this chapter and all other provisions of law, unless otherwise expressly provided for in this chapter. Any person, other than the state, who was a party to an executed project agreement or any part thereof, shall not be eligible to submit a proposal or become a party to an executed project agreement or any part thereof, subsequent to termination of any executed project agreement to which the person was a party.
Ala. Code § 9-6-14 — Alabama Code / Title 9 / Chapter 6 / Section 9-6-14
Section 9-6-14 Immunity from Tort Liability
Status: in_force

The engaging in and aiding, assisting and promoting the control, abatement and prevention of water, air and general environmental pollution by an authority is hereby declared to be a governmental function. The authority shall not be liable for any tort, whether negligent or willful, committed by any director, agent, servant or employee of the authority in the construction, maintenance or operation of any equipment, facilities, apparatus or systems in connection with activities in engaging in or aiding, assisting and promoting such pollution control, abatement or prevention.
Ala. Code § 9-10A-2 — Alabama Code / Title 9 / Chapter 10A / Section 9-10A-2
Section 9-10A-2 Definitions
Status: in_force

For the purposes of this chapter, the following words and phrases shall have the meanings indicated unless the context clearly indicates a different meaning:

(1) WATERSHED MANAGEMENT AUTHORITY. A governmental subdivision of this state and a public body, corporate and politic, organized in accordance with the provisions of this chapter for the purposes, with the powers and subject to the restrictions set forth in this chapter.

(2) DIRECTOR. One of the members of the governing body of a watershed management authority.

(3) AT LARGE DIRECTOR. A director of a watershed management authority who may reside within any county that lies within the boundaries of the watershed management authority.

(4) RESIDENT DIRECTOR. A director of a watershed management authority who, pursuant to the requirements of this chapter, must reside in a particular county.

(5) BOARD OF DIRECTORS. The governing body of a watershed management authority.

(6) BOARD OF SUPERVISORS. The governing body of the soil and water conservation district in which a watershed management authority is situated or, if the watershed management authority is situated in more than one soil and water conservation district, the joint governing bodies of such districts.

(7) DUE NOTICE. Notice published at least twice, with an interval of at least seven days between the two publication dates, in a newspaper or other publication of general circulation within the appropriate area or, if no such publication of general circulation is available, by posting notice in at least three public places in each county lying in whole or in part within the designated area. At any hearing held pursuant to such notice, at the time and place designated in such notice, adjournment may be made from time to time without the necessity of renewing such notice for such adjourned dates.

(8) SOIL AND WATER CONSERVATION DISTRICT. A governmental subdivision of this state and a public body corporate and politic organized in accordance with the provisions of Article 2 of Title 9, for the purposes, with the powers and subject to the restrictions, set forth in said article.

(9) STATE. The State of Alabama.
Ala. Code § 9-8-28 — Alabama Code / Title 9 / Chapter 8 / Section 9-8-28
Section 9-8-28 Land-Use Regulations - Enforcement
Status: in_force

Where the supervisors of any district shall find that any of the provisions of land-use regulations prescribed in an ordinance adopted in accordance with the provisions of Section 9-8-26 are not being observed on particular lands and that such nonobservance tends to increase erosion on such lands and is interfering with the prevention or control of erosion on other lands within the district, the supervisors may present to the circuit court of the county in which the land of the defendant may lie, a complaint, duly verified, setting forth the adoption of the ordinance prescribing land-use regulations, the failure of the defendant landowner to observe such regulations and to perform particular work, operations or avoidances as required thereby and that such nonobservance tends to increase erosion on such lands and is interfering with the prevention or control of erosion on other lands within the district and requesting the court to require the defendant to perform the work, operations or avoidances within a reasonable time and to order that, if the defendant shall fail so to perform, the supervisors may go on the land, and perform the work or other operations or otherwise bring the condition of such lands into conformity with the requirements of such regulations and recover the costs and expenses thereof, with interest, from the owner of such land. Upon the presentation of such complaint, the court shall cause process to be issued against the defendant and shall hear the case. If it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and to report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may dismiss the complaint or it may require the defendant to perform the work, operation or avoidances and may provide that, upon the failure of the defendant to initiate such performance within the time specified in the order of the court and to prosecute the same to completion with reasonable diligence, the supervisors or their agents may enter upon the lands involved and perform the work or operations or otherwise bring the condition of such lands into conformity with the requirements of the regulations and recover the costs and expenses thereof, with interest at the rate of five percent per annum, from the owner of such lands. The court shall retain jurisdiction of the case until after the work has been completed. Upon completion of such work pursuant to such order of the court, the supervisors may file a motion with the court, a copy of which shall be served upon the defendant in the case, stating the costs and expenses sustained by them in the performance of the work and praying judgment therefor with interest. The court shall have jurisdiction to enter judgment for the amount of such costs and expenses, with interest at the rate of five percent per annum until paid, together with the costs of the action, including a reasonable attorney’s fee to be fixed by the court.
Ala. Code § 9-8A-8 — Alabama Code / Title 9 / Chapter 8A / Section 9-8A-8
Section 9-8A-8 Ineligible Lands
Status: in_force

Allocated funds shall not be used to reimburse other units of government for implementing soil and water conservation practices. Privately-owned land not used for agricultural or timber production shall not qualify for allocated funds. Tracts of land used for agricultural or timber production smaller than 20 acres in size from which less than $1,000.00 of agricultural products are sold annually shall not qualify for allocated funds.
Ala. Code § 9-12-232 — Alabama Code / Title 9 / Chapter 12 / Section 9-12-232
Section 9-12-232 Commercial Gill Net Permits - Acquisition and Retirement
Status: in_force

(a) The Department of Conservation and Natural Resources shall establish and administer a voluntary program to acquire and retire commercial gill net permits of saltwater commercial fishermen issued pursuant to Section 9-12-113.

(b) Each resident Alabama saltwater commercial fisherman who possesses a valid Alabama permit June 1, 2008, and any nonresident commercial fisherman who has held a commercial gill net license for 25 years or more without a fishing violation who possesses a valid Alabama permit on June 1, 2008, may surrender his or her license on or before March 1, 2009.

(c) Upon surrender of the license, the following shall apply:

(1) If the total income of the license holder from dockside value of finfish harvested and landed in Alabama using gill nets in the last three years was less than five thousand dollars ($5,000), the licensee shall receive a payment from the Department of Conservation and Natural Resources of six thousand dollars ($6,000), payable by March 1, 2009.

(2) If the total income of the license holder from dockside values of finfish harvested and landed in Alabama using gill nets was above five thousand dollars ($5,000), but less than twenty thousand dollars ($20,000), he or she shall receive a one-time payment from the Department of Conservation and Natural Resources equal to 200 percent of his or her highest income for the calendar year 2005, 2006, or 2007, payable by March 1, 2009.

(3) In the event the total income of the license holder from dockside values of finfish harvested and landed in Alabama using gill nets was over twenty thousand dollars ($20,000), he or she shall receive from the Department of Conservation and Natural Resources a one-time payment equal to 125 percent of the highest income from the calendar year 2005, 2006, or 2007, payable by March 1, 2009.

(d) In addition, any saltwater commercial fisherman surrendering his or her license shall receive two academic years of free tuition at any public institution operated by the Department of Postsecondary Education, provided the fisherman has completed registration for any classes to be taken within five years of June 1, 2008.

(e) All payments made to the person who surrenders his or her license shall be considered as compensatory in nature and excludable from Alabama gross income tax.

(f) Each saltwater commercial fisherman who surrenders his or her license under this section shall be ineligible to purchase a commercial gill net license thereafter. In addition, the Department of Conservation and Natural Resources shall not issue a replacement license for the license surrendered.

(g) After June 1, 2008, the holder of a license must be present whenever a gill net is being used for fishing.

(h) Any person on June 1, 2008, who has been issued a commercial gill net license for the 2007-2008 license year may continue to annually purchase a new commercial gill net license for use in near-shore and inshore salt and brackish Alabama waters for the remainder of the person’s life, subject to the requirements of Section 9-12-113. Any person authorized to purchase a commercial gill net license pursuant to this subsection who fails to purchase such a license for any year shall not be eligible to purchase a commercial gill net license thereafter. Notwithstanding any provision of Section 9-12-113, any person holding a commercial gill net license thereafter may not transfer the license.

(i) After June 1, 2008, the Department of Conservation and Natural Resources shall not issue a permit for commercial gill net fishing to any nonresident.
Ala. Code § 9-11-39 — Alabama Code / Title 9 / Chapter 11 / Section 9-11-39
Section 9-11-39 Special Agents for Issuing Hunting and Fishing Licenses - Bond Generally; Appointment
Status: in_force

Such person, firm or corporation who or which applies to the judge of probate or license commissioner for the purpose of acting as special agent for the sale of hunting and fishing licenses shall submit with his or its application an indemnity bond in the amount of $1,000.00, which bond shall be issued by a responsible bonding company authorized to do business in the State of Alabama. Upon receipt of such application and bond, the judge of probate or license commissioner shall forthwith designate and appoint such person, firm or corporation as a special agent to sell hunting and fishing licenses as provided for in Sections 9-11-38 through 9-11-43.
Ala. Code § 9-9-1 — Alabama Code / Title 9 / Chapter 9 / Section 9-9-1
Section 9-9-1 Short Title
Status: in_force

This article shall be known as the “Alabama Water Management Act.”
Ala. Code § 9-17-164 — Alabama Code / Title 9 / Chapter 17 / Section 9-17-164
Section 9-17-164 Certificate of Project Closure and Completion
Status: in_force

(a) A storage operator has title to all carbon dioxide injected and stored in a storage facility. A storage operator is liable for any damages attributed to its operations while holding title to the injected carbon dioxide.

(b) Upon all carbon dioxide injections into a storage facility ending and application by a storage facility operator, the board may issue a certificate of project closure and completion for the storage facility.

(c) A certificate of project closure and completion shall only be issued after all of the following have been satisfied:

(1) Notice and a public hearing on the issuance of the certificate are provided pursuant to Section 9-17-152(a).

(2) The board has consulted with the Alabama Department of Environmental Management regarding issuing the certificate.

(3) Ten or more years have passed from the date carbon dioxide injection into the storage facility ended.

(4) The storage operator has demonstrated all of the following to the satisfaction of the board:

a. The storage facility is in full compliance with all governing laws and rules.

b. The storage facility is reasonably expected to retain the carbon dioxide.

c. The carbon dioxide in the storage facility is stable. For purposes of this paragraph, carbon dioxide is stable if it is essentially stationary or, if it is migrating or may migrate, migration is unlikely to cross the underground reservoir boundary and is not expected to endanger any underground source of drinking water.

d. All wells, equipment, and facilities to be used in the post-closure period are in good condition and retain mechanical integrity.

e. All injection wells have been plugged, all related equipment and facilities used during the pre-closure period not necessary for long-term monitoring have been removed, and all reclamation work required by the board has been completed.

(d) Upon the issuance of a certificate of project closure and completion, all of the following shall occur:

(1) Title to equipment and facilities necessary for long-term monitoring and all carbon dioxide injected into the storage facility, without payment of any compensation, shall transfer to the state. Title acquired by the state includes all rights and interests in, and all responsibilities and liabilities associated with, all equipment and facilities used for long-term monitoring and the stored carbon dioxide within the storage facility. A storage operator may not transfer to the state, and the state may not accept, any property interests or rights that the storage operator does not own or have the authority to transfer.

(2) The storage operator and all persons that generated any injected carbon dioxide shall be released from all regulatory requirements associated with the storage facility.

(3) The storage operator shall be released from all bonds and other security posted by the storage operator.

(4) Monitoring and managing the storage facility shall become the responsibility of the state and be administered by the board unless an agency of the federal government assumes responsibility for the long-term monitoring and management of the storage facility.
Ala. Code § 9-2-81 — Alabama Code / Title 9 / Chapter 2 / Section 9-2-81
Section 9-2-81 Created; Powers and Duties Generally
Status: in_force

There is hereby created within the Department of Conservation and Natural Resources a division to be known as the Division of Marine Resources. The Division of Marine Resources shall have the personnel, duties, powers, functions and properties of the Department of Conservation and Natural Resources which pertain to seafoods and such personnel, duties, powers, functions and properties as may be hereafter conferred by law.
Ala. Code § 9-11-391 — Alabama Code / Title 9 / Chapter 11 / Section 9-11-391
Section 9-11-391 Definitions
Status: in_force

Wherever used in this article, unless a different meaning clearly appears in the context, the following terms shall be given the following respective meanings:

(1) COMMISSIONER. The Commissioner of the Department of Conservation and Natural Resources of the State of Alabama.

(2) DEPARTMENT. The Department of Conservation and Natural Resources of the State of Alabama.

(3) CONSERVATION and MANAGEMENT. The collection and application of biological information for the purposes of increasing and maintaining the number of animals within species and populations of marine mammals at the optimum carrying capacity of their habitat. Such terms include the entire scope of activities that constitute a modern scientific resources program, including, but not limited to, research, census law enforcement and habitat acquisition and improvement. Also included within these terms, when and where appropriate, is the periodic or total protection of species or populations as well as regulated taking.

(4) MARINE MAMMAL. Any mammal which is morphologically adapted to the marine environment or primarily inhabits the marine environment. Such term includes any part of any such marine mammal, including its raw, dressed or dyed fur or skin.

(5) MARINE MAMMAL PRODUCT. Any item of merchandise which consists or is composed, in whole or in part, of any marine mammal.

(6) MORATORIUM. A complete cessation of the taking of marine mammals, except as provided in this article.

(7) OPTIMUM CARRYING CAPACITY. The ability of a given habitat to support the optimum sustainable population of a species or population stock in a healthy state without diminishing the ability of the habitat to continue that function.

(8) OPTIMUM SUSTAINABLE POPULATION. With respect to any population stock, the number of animals which will result in the maximum productivity of the population or the species, keeping in mind the optimum carrying capacity of the habitat and the health of the ecosystem of which they form a constituent element.

(9) PERSON. Any individual, firm, corporation, association or partnership; or any officer, employee, agent, department or other instrumentality of the federal government or of any state government.

(10) POPULATION STOCK or STOCK. A group of marine mammals of the same species or smaller taxa in a common spatial arrangement that interbreed when mature.

(11) TAKE. To harass, hunt, capture or kill, or attempt to harass, hunt, capture or kill any marine mammal.

(12) MARINE MAMMAL PROTECTION ACT OF 1972. The federal law designed to protect and conserve marine mammals as such act may be subsequently amended.
Ala. Code § 9-15-46 — Alabama Code / Title 9 / Chapter 15 / Section 9-15-46
Section 9-15-46 Issuance of Patents to Purchasers of Swamp and Overflowed Lands
Status: in_force

All persons purchasing said lands shall be entitled to a patent to said lands, and the Governor of Alabama, when presented with the approval of the Commissioner of Conservation and Natural Resources and State Department of Mental Health, shall cause patents to be issued to those purchasing said lands. Such patent shall vest a fee simple title in the grantee named therein.
Ala. Code § 9-3-6 — Alabama Code / Title 9 / Chapter 3 / Section 9-3-6
Section 9-3-6 Assistant State Forester
Status: in_force

The commission shall also appoint, with the advice and consent of the Governor, an Assistant State Forester, who shall hold at least a bachelor degree in forestry with considerable forestry experience. The Assistant State Forester shall serve as the chief assistant to the State Forester. The Assistant State Forester’s salary shall be set by the commission, and he shall be paid his actual expenses when traveling on official business of the commission.
Ala. Code § 9-11-303 — Alabama Code / Title 9 / Chapter 11 / Section 9-11-303
Section 9-11-303 Searches and Seizures
Status: in_force

The Commissioner of Conservation and Natural Resources and his designated agents or employees are authorized to search without warrant any automobile, wagon, truck or other vehicle or any hunting sack or hunting coat within any wildlife management area and to confiscate any protected bird, animal or fish found killed or held in violation of the game laws or the regulations of the Commissioner of Conservation and Natural Resources; provided, that this section shall not be operative against persons traveling on state and federal highways within any wildlife management areas.
Ala. Code § 9-15-10 — Alabama Code / Title 9 / Chapter 15 / Section 9-15-10
Section 9-15-10 Notice, Etc., of Change in Status, Disposition or Acquisition of Used and Unused Lands
Status: in_force

(a) If at any future time any institution or department of the State of Alabama shall deem it advisable to make use of any unused land owned by it, it shall notify the Land Agent, Department of Conservation and Natural Resources, who shall place said land on the “used land” list, and should any institution or department of the State of Alabama abandon the use to which any “used land” is then being put, it shall notify the Land Agent, Department of Conservation and Natural Resources, of such abandonment and the land shall be reclassified on records in the office of the Land Agent, Department of Conservation and Natural Resources, as “unused land.”

(b) Should any land owned by any institution or department of the State of Alabama be leased, sold or otherwise disposed of by any institution or department of the State of Alabama owning same, such institution or department shall immediately notify the Land Agent, Department of Conservation and Natural Resources, of such fact and furnish said Land Agent, Department of Conservation and Natural Resources, a copy of the instrument by which the said land is leased or conveyed, which copy shall remain on file in the office of the Land Agent, Department of Conservation and Natural Resources, and shall be and constitute a part of the records of said office.

(c) Should any institution or department of the State of Alabama acquire title to or any interest in any real estate not shown on said list, it shall immediately notify the Land Agent, Department of Conservation and Natural Resources, of its ownership in such real estate or interest therein and shall forward to the Land Agent, Department of Conservation and Natural Resources, a description of said real estate, together with a statement on a prescribed form furnished by the Land Agent, Department of Conservation and Natural Resources, as to the general character of such land, that is, whether chiefly valuable for agricultural, mining, timber culture or other use and the use to which same is being put. It shall further classify said lands as “used lands” or “unused lands” in accordance with the terms of Section 9-15-8. It shall further forward to the Land Agent, Department of Conservation and Natural Resources, a copy of the deed, lease or other conveyance by which it derives title to or interest in said land, which copy shall be placed on file in the office of Land Agent, Department of Conservation and Natural Resources. Upon receipt of the notice provided for in this section, the Land Agent, Department of Conservation and Natural Resources, shall enter or cause to be entered upon the permanent records of said office the description of such land so acquired, together with such information thereto as is required in Section 9-15-9.
Ala. Code § 9-17-135 — Alabama Code / Title 9 / Chapter 17 / Section 9-17-135
Section 9-17-135 Action Authorized to Be Taken by Board
Status: in_force

Upon making the determination described in Section 9-17-134, the board shall first collect the proceeds of the bond or bonds or the blanket bond of the operator filed as security under Section 9-17-6(c)(5), and shall forthwith apply the proceeds of such bond or bonds to the expense of causing such well or wells with respect to which such determination shall have been made to be plugged, which action the board is hereby authorized to take either directly or through contracts therefor entered into by the board with private persons or with other governmental agencies. Should the board determine that the proceeds of such bond or bonds are in fact insufficient to cover the entire expense of causing such well or wells to be plugged, the supervisor shall be authorized to execute and verify itemized vouchers to be submitted to the state Comptroller for the withdrawal from the fund of amounts equal to such expenses as may be incurred by the board in connection therewith in excess of bond coverage. Upon the presentation of such vouchers, there is hereby appropriated from moneys in the fund such amount as shall be necessary for the payment of such expenses, and the state Comptroller is authorized to issue appropriate warrants on the State Treasurer for reimbursement to the board of such expenses incurred by it in taking the aforesaid action to plug coalbed methane gas wells or for payment of such private persons or governmental agencies as shall have been engaged by the board to take such action pursuant to the provisions hereof.
Ala. Code § 9-9-18 — Alabama Code / Title 9 / Chapter 9 / Section 9-9-18
Section 9-9-18 Board of Water Management Commissioners - Auditing of District Accounts; Annual Report; Notice of Reports and Annual Meeting
Status: in_force

On or before August 1 of each year, the board of water management commissioners of any district organized under this article shall have the accounts of the district audited, and it shall file with the court of probate having jurisdiction thereof the auditor’s report showing the receipts and disbursements of the district for the preceding calendar year ending June 30 as well as its statement of the character of the work accomplished during such year and a general statement of the plans and purposes of the board of water management commissioners for the succeeding year. The commissioners shall give notice by publication as provided in this article that the auditor’s report and the annual report of the board of water management commissioners is on file with the court and that the board of water management commissioners will hold its annual meeting in the office of the court of probate on the second Monday in September to consider any business which may come before the board in behalf of the district or any questions which any landowner may desire to present to the board of water management commissioners.
Ala. Code § 9-16-97 — Alabama Code / Title 9 / Chapter 16 / Section 9-16-97
Section 9-16-97 Water Rights
Status: in_force

(a) Nothing in this article shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, his interest in water resources affected by a surface coal mining operation.

(b) The operator of a surface coal mine shall replace the water supply of an owner of interest in real property who obtains all or part of his supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source where such supply has been affected by contamination, diminution, or interruption proximately resulting from such surface coal mine operation.
Ala. Code § 9-11-53.4 — Alabama Code / Title 9 / Chapter 11 / Section 9-11-53.4
Section 9-11-53.4 Resident Seven-Day Trip Freshwater Fishing License
Status: reserved

Repealed by Act 2007-418, p. 874, §6, effective September 1, 2007.
Ala. Code § 9-10-9 — Alabama Code / Title 9 / Chapter 10 / Section 9-10-9
Section 9-10-9 Counties and Municipalities Empowered to Contribute Money to Work of Agency and to Levy and Collect Ad Valorem Taxes for Such Purposes
Status: in_force

The counties and municipalities located within the boundaries of the irrigation district or districts to be established by the provisions of this article are hereby authorized and empowered to contribute to the work of the agency any amount or amounts of money that their respective governing bodies, acting in their sole discretion, shall approve to be paid from the general fund of the respective counties or municipalities. Governing bodies of such counties or municipalities are hereby empowered to levy and collect ad valorem taxes within constitutional limits for such purposes, which are hereby declared to be for municipal and county public purposes.
Ala. Code § 9-11-45 — Alabama Code / Title 9 / Chapter 11 / Section 9-11-45
Section 9-11-45 License to Hunt on Wildlife Management Areas; Fee; Violations
Status: in_force

(a) Unless a person is properly licensed for a particular activity under the wildlife heritage license, any person who hunts on state operated wildlife management areas in this state shall pay a special annual license fee of fifteen dollars ($15) in addition to the amount of the resident or nonresident’s licenses specified in Sections 9-11-44 to 9-11-49, inclusive, payment of which shall be evidenced by a stamp, license, big game tag system, or other appropriate method as the Commissioner of Conservation and Natural Resources may prescribe.

(b) The issuing officer or authority shall be allowed a fee of one dollar ($1) for each special license issued by him or her, which issuing fee shall be in addition to the cost of the special license. In counties where the judge of probate or issuing officer is on the fee system, the issuing fee shall be retained by the judge of probate or issuing officer, and in counties where the issuing officer or judge of probate is on a salary basis, the fee shall be paid to the county treasury; provided, that the license established by this section shall not be required of any Alabama resident who is 65 years of age or older or who is less than 16 years of age. The license fees and issuance fees provided for in this section shall be subject to adjustment as provided for in Section 9-11-68.

(c) All license fees collected under this section shall be deposited in the State Treasury to the credit of the Game and Fish Fund and shall be expended in the operation of the Division of Wildlife and Freshwater Fisheries program, including the acquiring of additional conservation officers and the expansion of public hunting areas.

(d) Whoever uses a Division of Wildlife and Freshwater Fisheries shooting range and who is age 16 years through 64 years shall hold a valid license issued pursuant to this section, the wildlife heritage license issued pursuant to Section 9-11-71, or a valid license issued pursuant to Sections 9-11-44 to 9-11-49, inclusive.

(e) Whoever hunts on state-operated wildlife management areas without first obtaining the proper hunting license and the special license required in this section or the wildlife heritage license issued pursuant to Section 9-11-71, if applicable, or whoever utilizes a Division of Wildlife and Freshwater Fisheries shooting range in this state in violation of this section, is guilty of a misdemeanor, punishable as prescribed in Section 9-11-51.
Ala. Code § 9-11-55.3 — Alabama Code / Title 9 / Chapter 11 / Section 9-11-55.3
Section 9-11-55.3 Combination Nonresident Saltwater-Freshwater License; Fee
Status: in_force

The Department of Conservation and Natural Resources may provide for the issuance of a combination nonresident saltwater-freshwater fishing license for a combination license fee of $60, with $30 going to the Marine Resources Fund, and $30 going to the Game and Fish Fund. In addition, notwithstanding any provision of law to the contrary, there shall be a $1 issuance fee imposed for the cost of issuing the combination nonresident saltwater-freshwater license.
Ala. Code § 9-9-35 — Alabama Code / Title 9 / Chapter 9 / Section 9-9-35
Section 9-9-35 Payment of Tax to District Treasurer - Required; Records
Status: in_force

Any person owning lands and other property assessed for the construction of any works of improvement under the provisions of this article shall have the privilege of paying such tax assessment to the district treasurer on or before a date to be fixed by the board of water management commissioners, notice of which date shall be given by publication in a newspaper published in each county in which lie lands in the district at least 10 days before such fixed date, and the amount to be paid shall be the full amount of the tax levied less any amount added thereto to meet interest. When such tax assessment has been paid, the secretary of the board of water management commissioners shall enter upon the water management tax record opposite each tract for which payment is made the words, “paid in full,” and such tax assessment shall be deemed satisfied, and the secretary of the board of water management commissioners shall also make or cause to be made the same entry opposite each tract for which payment is made upon the water management tax record filed with the court of probate of the county in which the property is located; provided, that such payment shall not operate as a release of the lands or other property on which the full amount of taxes has been paid from liability to pay additional taxes upon said lands and other property as provided in this article.
Ala. Code § 9-2-123 — Alabama Code / Title 9 / Chapter 2 / Section 9-2-123
Section 9-2-123 Management Fee for Certain Lands
Status: in_force

For all other lands managed by the Lands Division of the Department of Conservation and Natural Resources, there shall be retained by the Lands Division a management fee of 10 percent of all gross receipts.
Ala. Code § 9-13-90 — Alabama Code / Title 9 / Chapter 13 / Section 9-13-90
Section 9-13-90 Failure to Make Reports or Maintain Records
Status: in_force

Any person subject to the provisions of this article who shall fail to make the reports or any of them as required by this article or who shall fail to keep the records as required by this article shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $25.00 nor more than $500.00 for each offense. Each month of such failure shall constitute a separate offense.
Ala. Code § 9-13-10 — Alabama Code / Title 9 / Chapter 13 / Section 9-13-10
Section 9-13-10 (Amended by Act 2026-402) Powers of State Forestry Commission Employees as to Enforcement of Laws, Prevention and Suppression of Forest Fires, Etc
Status: in_force

AMENDED BY ACT 2026-402, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

All employees of the State Forestry Commission appointed as forest law enforcement officers by the State Forester are hereby constituted peace officers of the State of Alabama with full police power and may exercise such powers anywhere within the state. They are hereby authorized to carry firearms or other weapons when they are actually in the discharge of their duties as such officers as provided by law. They shall be clothed with the power to arrest with or without warrant any person who shall violate any of the laws of the State of Alabama or any rule or regulation of the Alabama Forestry Commission and take him before a proper court for trial. All employees of the State Forestry Commission and all duly appointed officers of the United States whose duty it is to prevent and suppress forest fires are empowered to enter any lands and to construct thereon fire lines, fire lanes or fire breaks, to set back fires thereon if necessary to prevent the further spread of fire then actually burning and to do all other work necessary in the performance of their duties, including the right to enter any lands for the purpose of making investigations for the cause or causes of fires, without liability for trespass or damage therefrom.
Ala. Code § 9-7-13 — Alabama Code / Title 9 / Chapter 7 / Section 9-7-13
Section 9-7-13 Activities Deemed Permissible Uses Within Coastal Area; Determination of Additional Permissible Uses
Status: in_force

(a) The Legislature of Alabama finds that the following activities shall constitute permissible uses within the coastal area:

(1) The accomplishment of emergency decrees of any duly appointed health officer of a county or municipality or of the state acting to protect the public health and safety;

(2) The conservation, repletion and research activities of the Marine Environmental Sciences Consortium, the Marine Resources Division of the Department of Conservation and Natural Resources and the Mississippi-Alabama Sea Grant Consortium;

(3) The exercise of riparian rights by the owner of the riparian rights; provided, that the construction and maintenance of piers, boathouses and similar structures shall be on pilings that permit a reasonably unobstructed ebb and flow of the tide;

(4) The normal maintenance and repair of bulkheads, piers, roads and highways existing on the date of final approval of the rules and regulations pursuant to this chapter;

(5) The use of any structure on land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling;

(6) Normal maintenance and repair activities of railroads and of utilities or other persons engaged in transportation or in telephone communication service or in the distribution or transmission of gas, electricity or water or the collection of sewage, including inspecting, maintaining, repairing or renewing on private or public rights-of-way any sewers, mains, conduits, pipes, cables, utility tunnels, power lines, towers, poles, tracks, bridges, trestles and drainage facilities or the like or making service connections thereto or inspecting, maintaining, repairing or renewing any substation, pumping or lifting facility;

(7) Activities of any mosquito control commission which is a political subdivision or agency of the State of Alabama;

(8) The use of any land for the purpose of planting, growing or harvesting plants, crops, trees or other agricultural or forestry products, including normal private road construction, raising livestock or poultry or for other agricultural purposes; and

(9) Completion of any development, not otherwise in violation of law, for which a valid building or zoning permit was issued prior to final approval of the rules and regulations pursuant to this chapter and which development was initiated prior to such approval.

(b) Upon recommendation from the board, the department shall determine, by rule and regulation, from time to time, additional permissible uses within the coastal area.
Ala. Code § 9-15-19 — Alabama Code / Title 9 / Chapter 15 / Section 9-15-19
Section 9-15-19 Effect of Article on Local Laws, Etc., Governing Ownership, Management, Etc., of Lands in Counties
Status: in_force

This article and its provisions shall in nowise affect any local law or general law of local application governing ownership, management or control of lands in any county or counties or disposition of revenues derived therefrom.
Ala. Code § 9-16-129 — Alabama Code / Title 9 / Chapter 16 / Section 9-16-129
Section 9-16-129 Property Subject to Lien; Statement by Director; Amount; Priority
Status: in_force

(a) Within six months after the completion of projects to restore, reclaim, abate, control or prevent adverse effects of past coal mining practices on privately owned land, the director shall itemize the moneys so expended and may file a statement thereof in the probate judge’s office of the county in which the land lies together with a notarized appraisal by a qualified independent appraiser of the value of the land before the restoration, reclamation, abatement, control or prevention of adverse effects of past coal mining practices if the moneys so expended shall result in a significant increase in property value. Such statement shall constitute a lien upon the said land. The lien shall not exceed the amount determined by the appraisal to be the increase in the market value of the land as a result of the restoration, reclamation, abatement, control or prevention of the adverse effects of past coal mining practices. No lien shall be filed against the property of any person, in accordance with this section, who owned the surface prior to May 2, 1977, and who neither consented to nor participated in nor exercised control over the mining operation which necessitated the reclamation performed hereunder.

(b) Any owner of land subject to a lien imposed pursuant to this article may, within 60 days of the filing of the lien, file a petition in the circuit court of the county in which the land lies to determine the increase in the market value of the land as a result of the reclamation work. The amount determined by the court to be the increase in value of the premises shall constitute the amount of the lien and shall be recorded with the statement herein provided. Any party aggrieved by the decision may appeal as provided by law.

(c) The lien provided in this section shall be entered in the probate judge’s office in the county in which the land lies. Such statement shall constitute a lien upon the said land as of the date of the expenditure of the moneys and shall have priority as a lien second only to the lien of real estate taxes imposed upon said land. Moneys derived from the satisfaction of liens shall be deposited in the Abandoned Mine Reclamation Fund.
Ala. Code § 9-9-78 — Alabama Code / Title 9 / Chapter 9 / Section 9-9-78
Section 9-9-78 Right of Condemnation
Status: in_force

If it shall be necessary to acquire a right-of-way or an outlet over and through land affected by the improvements, then and in such event the power of eminent domain is hereby conferred, and such land may be condemned. The right of condemnation hereby conferred shall be invoked by application to the court of probate of the county in which the lands over which said right-of-way or outlet is desired are situated, and the same proceedings shall be had as in other cases of condemnation of lands for public uses as provided in this code, and such damages as may be awarded shall be paid by the other landowners in proportion to the assessments approved by the county commission against the benefits accruing to their lands by virtue of the improvements established in said subdistrict.
Ala. Code § 9-16-13 — Alabama Code / Title 9 / Chapter 16 / Section 9-16-13
Section 9-16-13 Administration of Article
Status: in_force

Any act authorized to be done by the Director of the Department of Industrial Relations of the State of Alabama may be performed by the inspector, assistant inspector or any employee of the department when designated by the director. The superintendent may adopt and promulgate reasonable rules and regulations respecting the administration of this article and in conformity therewith.
Ala. Code § 9-14A-22 — Alabama Code / Title 9 / Chapter 14A / Section 9-14A-22
Section 9-14A-22 Dissolution of Corporations
Status: in_force

At any time when no bonds of the corporations are outstanding the corporations may be dissolved upon each filing with the Secretary of State an application for dissolution, which shall be subscribed by each of the members of the respective corporations and which shall be sworn to by each such member before an officer authorized to take acknowledgments to deeds. Upon the filing of said application for dissolution, the respective corporation shall cease and any property owned by it at the time of its dissolution shall pass to the State of Alabama. The Secretary of State shall file and record the application for dissolution in an appropriate book of record in his office, and shall make and issue, under the Great Seal of the State, a certificate that the respective corporation is dissolved, and shall record the said certificate with the application for dissolution.
Ala. Code § 9-19-3 — Alabama Code / Title 9 / Chapter 19 / Section 9-19-3
Section 9-19-3 Penalty for Damage, Litter, Etc
Status: in_force

It shall be unlawful and constitute a misdemeanor for any person, organization, firm or corporation, including an officer, agent or employee of any town or municipality to:

(1) Maliciously break, break off, crack, carve upon, write, burn, damage, or otherwise mar or mark on, remove, or in any other manner destroy, disturb, deface, mar or harm the walls or any speleothem in any cave, except for recognized scientific purposes.

(2) Discard litter or refuse to any degree in any cave.

(3) Break, force, tamper with, remove, or otherwise disturb a lock, gate, door, or other structure or obstruction designed to control or prevent access to any cave, unless such act is specifically ordered by the owner.

(4) Offer for sale any speleothem or export from the State of Alabama speleothems for sale elsewhere.

(5) Remove, kill, harm or disturb any plant or animal life found within any wild cave, except for recognized scientific purposes.

(6) The provisions of subdivisions (1) through (6) of this section shall not apply to a recognized rescue unit operating in response to an emergency or believed emergency.
Ala. Code § 9-2-29 — Alabama Code / Title 9 / Chapter 2 / Section 9-2-29
Section 9-2-29 Commissioner Authorized to Designate Calendar Work Week for Law Enforcement Officers
Status: in_force

(a) The Legislature declares that it is the purpose of this section to authorize the Commissioner of the Department of Conservation and Natural Resources to designate the calendar work week for its law enforcement officers.

(b) For the purpose of Sections 36-21-4 and 36-21-5, the Commissioner of the Department of Conservation and Natural Resources may designate the calendar work week for the law enforcement officers employed by the department.
Ala. Code § 9-12-250 — Alabama Code / Title 9 / Chapter 12 / Section 9-12-250
Section 9-12-250
Status: in_force

(a) The Alabama Seagrass Restoration Task Force is established to lead and expedite formulating, testing, and developing innovative, effective, cost-efficient, and environmentally sustainable technologies to restore coastal seagrass ecosystems by building upon research and efforts within the public and private sectors.

(b) The task force shall consist of the following members:

(1) The executive director of the Dauphin Island Sea Lab to serve as a co-chair.

(2) The President of the University of South Alabama, or his or her designee, to serve as a co-chair.

(3) The Chair of the House of Representatives Ports, Waterways, and Intermodal Transit Committee.

(4) The Commissioner of Conservation and Natural Resources, or his or her designee who has expertise in seagrass ecosystems.

(5) The Director of the Mobile Bay National Estuary Program.

(6) A member from a private commercial enterprise appointed by the Governor.

(7) A member from a public or private university in this state other than the University of South Alabama appointed by the President Pro Tempore of the Senate.

(8) Two members from a non-university public or private marine environmental organization with one member appointed by the Speaker of the House of Representatives and one member appointed by the Lieutenant Governor.

(9) A member appointed by the Mobile County Commission.

(10) A member appointed by the Baldwin County Commission.

(c) The task force shall develop a 10-year Alabama Seagrass and Sea Oats Restoration Plan to recommend the tools, approaches, and technologies developed pursuant to this article.

(d) If a vacancy occurs for any appointed member, the respective appointing authority shall appoint a new member.

(e) The appointing authorities shall coordinate their appointments to assure the task force membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of this state.

(f)(1) The legislative members of the task force shall be entitled to their legislative compensation, per diem, and travel expenses for each day they attend a meeting of the task force pursuant to Section 49 of the Constitution of Alabama of 2022.

(2) The nonlegislative members of the task force shall serve without compensation but may be reimbursed for necessary expenses in attending meetings of the task force pursuant to the policies of their respective appointing authority.

(g) The initial meeting of the task force shall be called by the co-chair and shall be held by January 1, 2027. Thereafter the task force shall meet no less than twice per year.

(h) The Dauphin Island Sea Lab shall provide all necessary staff and support, including meeting space, to the task force for the performance of its duties.

(i) Not later than the first day of each regular session of the Legislature, the task force shall provide a report of its progress made in developing and administering the 10-year Alabama Seagrass and Sea Oats Restoration Plan and its findings, conclusions, accomplishments, priorities for subsequent years, and recommendations for proposed legislation, if any, to the Governor, President Pro Tempore of the Senate, Speaker of the House of Representatives, and the Commissioner of Conservation and Natural Resources.
Ala. Code § 9-14B-4 — Alabama Code / Title 9 / Chapter 14B / Section 9-14B-4
Section 9-14B-4 Incorporation of Authority Authorized; Application; Filing
Status: reserved

Repealed by Act 2013-222, §11, effective August 1, 2013.
Ala. Code § 9-12-207 — Alabama Code / Title 9 / Chapter 12 / Section 9-12-207
Section 9-12-207 Alligator Parts Transaction Forms; Bills of Sale; Inspection; Records
Status: in_force

(a) Any licensed alligator farmer may sell alligator carcasses or parts, provided he completes an official alligator parts transaction form, furnished by the department, for every alligator parts transaction. These forms shall be submitted to the department at 30-day intervals until all parts are sold.

(b) Any alligator parts dealer purchasing alligator parts, other than skins, shall complete an official alligator parts transaction form for each purchase. Any alligator parts dealer selling alligator parts, other than skins, shall complete an official alligator parts sale form for each sale. These forms shall be furnished by the department and shall be submitted to the department at 30-day intervals until final disposition of all parts. Each alligator farmer and parts dealer shall furnish a bill of sale to each retailer or restaurant purchasing alligator parts.

(c) Any retailer or restaurant purchasing alligator parts shall maintain a bill of sale for each purchase for a period of six months after such purchase. These records shall be available for inspection at any and all reasonable hours by the Commissioner of Conservation and Natural Resources, his law enforcement officers or any other persons appointed and designated by him for such purpose.

(d) The records of transaction involving alligator parts of alligator farmers and parts dealers shall be available for inspection at any and all reasonable hours by the Commissioner of Conservation and Natural Resources, his law enforcement officers or any other persons appointed and designated by him for such purpose. Each parts dealer shall maintain complete records for a period of one year following any transaction.
Ala. Code § 9-11-4 — Alabama Code / Title 9 / Chapter 11 / Section 9-11-4
Section 9-11-4 State Game Refuges or Sanctuaries; Shooting Preserves, Game Refuges, Etc., in National Forests, Etc
Status: in_force

The Commissioner of Conservation and Natural Resources may on approval of the Governor establish and maintain state game refuges or sanctuaries for the protection, preservation or propagation of game birds, animals or fish on all or any portion of lands or waters held in fee or trust under lease by the state, and game birds, animals or fish shall not be hunted, pursued, disturbed or molested thereon at any time. The Commissioner of Conservation and Natural Resources may also, by and with the consent of the federal authorities, maintain, develop and cause to be utilized for hunting state shooting preserves, game refuges and sanctuaries in national forests or other federal owned lands.
Ala. Code § 9-17-161 — Alabama Code / Title 9 / Chapter 17 / Section 9-17-161
Section 9-17-161 Possessory Right to Pore Space; Conveyance of Surface Ownership of Real Property; Approval to Operate Carbon Dioxide Storage Facility
Status: reserved

(a) The ownership of pore space in all strata below the surface lands and waters of this state is vested in the owners of the surface rights above the underlying strata where the pore space exists, unless the ownership interest in the pore space has previously been severed from the surface ownership or is explicitly excluded or reserved in a conveyance.

(b) A conveyance of the surface ownership of real property shall be a conveyance of the pore space in all strata below the surface of the real property unless the ownership interest in the subsurface pore space has previously been severed from the surface ownership or is explicitly excluded or reserved in the conveyance. The ownership of pore space in strata may be conveyed in the manner provided by law for the transfer of surface interests in real property.

(c) No previous agreement conveying or reserving oil, gas, or other mineral interests in real property shall act to convey or reserve ownership of any pore space or carbon dioxide storage rights in the stratum unless the agreement explicitly conveys or reserves subsurface space to be used for the geologic storage or sequestration of carbon dioxide.

(d) No agreement conveying the right to use or occupy a storage facility, pore space, and potentially the surface or subsurface of the land incident thereto shall convey any other right of real property use, including oil, gas, or other minerals, within the same instrument. Any agreement that violates this subsection is void; provided, however, this subsection shall not apply to any agreement executed before October 1, 2024.

(e) The owner of any pore space right shall have no right to use the surface estate beyond that set out in a properly executed instrument nor in any manner that will adversely affect any existing easement, whether public or private.

(f) Nothing in this section shall alter, amend, diminish, or invalidate any right to the use of pore space that was acquired by contract or lease prior to October 1, 2024.

(g) In considering whether to approve a storage facility to be used for the storage and sequestration of carbon dioxide pursuant to this division, the board shall consider both of the following:

(1) Any competing rights of all separately owned estates in lands potentially affected by the storage facility, giving due consideration of competing rights to existing or future uses by pore space, surface, and mineral owners that may be affected.

(2) The distance of the storage facility from any current or future underground mining operation or other underground operation designed and operated for the extraction of minerals and the potential impact on the safety of these operations.

(h) Other than a claim to an ownership interest in pore space, nothing in this division shall be construed to change, alter, diminish, or in any way affect the statutory or common law as of October 1, 2024, as it relates to the rights belonging to surface and mineral estates.
Ala. Code § 9-14B-22 — Alabama Code / Title 9 / Chapter 14B / Section 9-14B-22
Section 9-14B-22 Liberal Construction
Status: reserved

Repealed by Act 2013-222, §11, effective August 1, 2013.
Ala. Code § 9-4-17 — Alabama Code / Title 9 / Chapter 4 / Section 9-4-17
Section 9-4-17 Retention of Faculty Members or Students Not to Interfere with Ordinary Duties
Status: in_force

No person shall be retained under the terms of Sections 9-4-14 through 9-4-19 at a time or for such duration which will unduly interfere with the ordinary duties of such faculty member or such student in the ordinary capacities in which he is engaged as such faculty member or student.
Ala. Code § 9-6-3 — Alabama Code / Title 9 / Chapter 6 / Section 9-6-3
Section 9-6-3 Purposes of Authorities
Status: in_force

Public corporations may be formed under the provisions of this chapter for any one or more or all of the following purposes:

(1) To undertake and to make or cause to be made engineering, technical, financial, legal and other appropriate studies and surveys with respect to water, air or general environmental pollution problems and hazards within the area of operation;

(2) To construct, acquire, own and operate, singly or in conjunction with others, lease, sell and otherwise dispose of equipment, facilities and systems for the control, abatement or prevention of water, air or general environmental pollution; and

(3) To cooperate with and lend financial assistance and other aid to municipalities, communities, counties, industries and public and private corporations within and outside of the area of operation and within or outside of the boundaries of the State of Alabama in any matters and undertakings having to do with or the end purpose of which is the control, abatement or prevention of water, air or general environmental pollution.
Ala. Code § 9-14A-9 — Alabama Code / Title 9 / Chapter 14A / Section 9-14A-9
Section 9-14A-9 Bonds - Generally
Status: in_force

The bonds issued pursuant to this act shall not be obligations of said corporations but shall be general obligations of the state with the full faith and credit and taxing power of the state to be pledged to the prompt and faithful payment of the principal thereof and the interest and redemption premium (if any) thereon. The proceeds from the sale of the bonds shall be used exclusively for the purposes described in the aforesaid constitutional amendment. The bonds may be sold and issued in one or more series at any time and from time to time, may have such series designations, may be in such forms, principal amounts, denominations and numbers, may be of such tenor and maturities, may bear such date or dates, may be payable in such installments and at such time or times, may be payable at such place or places within or without the state, may bear interest at such rate or rates payable and evidenced in such manner, may contain provisions for redemption at the option of the state to be exercised by said corporations on such date or dates prior to their respective maturities and upon payment of such redemption price or prices, and may contain such other provisions not inconsistent with the provisions of the amendment and this chapter, all as shall be provided by the respective board of directors of the corporations in the resolution or resolutions pursuant to which the bonds shall be authorized, sold, and issued.
Ala. Code § 9-10A-21 — Alabama Code / Title 9 / Chapter 10A / Section 9-10A-21
Section 9-10A-21 Competitive Bidding on Public Contracts
Status: in_force

Every watershed management authority established pursuant to the provisions of this chapter shall be considered a state authority for the purposes of applying the provisions of Chapter 16 of Title 41, regarding competitive bidding on public contracts.
Ala. Code § 9-9-30 — Alabama Code / Title 9 / Chapter 9 / Section 9-9-30
Section 9-9-30 Appeal from Confirmation of Board of Viewers’ Report
Status: in_force

Any person aggrieved may within 10 days after the confirmation of the board of viewers’ report appeal from the judgment of the court of probate to the circuit court, and upon such an appeal there may be determined either or both of the following: first, whether just compensation has been allowed for property appropriated and second, whether proper damages have been allowed for property prejudicially affected by the improvements. Such appeal shall be taken and prosecuted as now provided by law, which appeal shall be based and heard only upon the exceptions heretofore filed by the complaining party, either as to issue of law or fact, and no additional exceptions shall be considered by the court upon the hearing of the appeal; provided, that nothing in this section shall be construed to authorize any appellant to stay the proceedings of the district or to prevent progress in the work of construction of any work or improvement; but said district may proceed with said work, and any subsequent proceedings in the circuit court shall affect only the rights and interests of the appellant in property located in such district.
Ala. Code § 9-13-225 — Alabama Code / Title 9 / Chapter 13 / Section 9-13-225
Section 9-13-225 (Amended by Act 2026-402) Forfeiture of Equipment Upon Judgment; Costs of Proceedings; State Forester to Keep Records
Status: in_force

AMENDED BY ACT 2026-402, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

When any judgment of condemnation or forfeiture is made in any case filed under the provisions of this section, the judge making such judgment shall order and direct that said vehicle and equipment be forfeited or awarded to the State Forester to be sold or used by him in the enforcement of the law.

And said order, in the event that no appeal is taken within 15 days from the rendition thereof, shall be carried out and executed. The court, at its discretion, shall direct in said judgment that the cost of the proceedings be paid by the person(s) in whose possession said vehicle and equipment were found when seized, or by any party or parties that claim to own said vehicle and equipment, or any interest therein, and who contested the condemnation and forfeiture thereof. The State Forester shall keep a permanent record of all such vehicles and equipment awarded to him as provided for herein, to be accounted for as other public property.
Ala. Code § 9-15-4 — Alabama Code / Title 9 / Chapter 15 / Section 9-15-4
Section 9-15-4 Concentration of Ownership of Scattered State Owned Lands
Status: in_force

The Department of Conservation and Natural Resources shall, where any of the lands of the state or of any institution of the state are scattered, undertake to see if such ownership may be concentrated by the exchange of such lands with individual owners.
Ala. Code § 9-2-121 — Alabama Code / Title 9 / Chapter 2 / Section 9-2-121
Section 9-2-121 Land Resources Information Center; Survey and Compilation of Data; Agencies to File Legal Instruments
Status: in_force

(a) There is hereby created and established within the Lands Division of the Department of Conservation and Natural Resources a State Land Resources Information Center which shall compile certain data and information as hereinafter prescribed on all state owned lands, including those lands owned by state supported educational institutions, excepting however, lands acquired for highway rights of way. Such center shall be under the supervision of the Director of the Lands Division, Department of Conservation and Natural Resources who shall compile and keep up to date the following data and information on such lands:

(1) Location - should include postal address and metes and bounds description where applicable;

(2) Size - acreage and dimensions of lot or parcel;

(3) Type of development - agricultural, commercial, governmental, institutional, educational, residential, forest lands, mineral lands;

(4) Description and general condition of improvement if any - amount of rental income if leased and name and address of lessee; and

(5) Certified copy of original deed or other record of ownership to state of property - along with notation of any changes in status or ownership.

(b) Not more than 180 days after this section becomes effective, the Lands Division Director shall have sent out to all agencies, departments, and institutions in the state, a survey to determine the data and information prescribed in subsection (a). It will be the duty of individual agencies, departments and institutions to accurately comply with this request for information by the director within 90 days of receipt of such request unless a postponement of said deadline is requested and granted.

(c) It shall be the duty of each state department or institution of the State of Alabama which holds or acquires the legal title in any lands in the State of Alabama and any department charged by law with the administration, control or management of any state department or institutional lands to file or have filed for record in the county wherein such land lies all instruments and deeds conveying title to such land out of or into the State of Alabama.

(d) Upon the filing of any instrument described in subsection (c) of this section, it shall be the duty of the judge of probate to transmit within 10 days a certified copy of the instrument, with recording data shown thereon, to the Lands Division of the Department of Conservation and Natural Resources.

(e) The judges of probate shall be paid the fees now provided for by law by the state agency or institution participating in the transaction.

(f) In order to comply with the provisions of this section and to assure accurate information for the Lands Division records, the Department of Conservation and Natural Resources shall supply such qualified merit employees as may be necessary, to research within each county the title, deed records and file reports on real property owned by the state or its agencies. All expenses associated with the provisions of this section are to be paid from the moneys appropriated to the Lands Division within the Department of Conservation and Natural Resources. The information collected by this research shall be used by the Lands Division to update and correct existing data on file.
Ala. Code § 9-12-37 — Alabama Code / Title 9 / Chapter 12 / Section 9-12-37
Section 9-12-37 Use of Mechanical Rake Dredges, Etc., Dredge License
Status: in_force

Owners of private oyster reefs, beds, or bottoms and the lessees or designated permittees of such reefs, beds, or bottoms may use any mechanical means at their disposal and at any time between the hours of sunrise and sunset, including the use of mechanical rake dredges, to cultivate and harvest or remove live oysters of any size upon or from such grounds. Such a person shall first obtain a dredge license as provided in Section 9-12-87. The license may be revoked by the Commissioner of Conservation and Natural Resources if any violation of any statute or rule relating to the use of the mechanical devices occurs, and the commissioner may thereafter refuse to issue a new license to the person.
Ala. Code § 9-12-94 — Alabama Code / Title 9 / Chapter 12 / Section 9-12-94
Section 9-12-94 Persons Taking Oysters or Shrimp to Have Licenses in Possession
Status: in_force

All persons to whom a license is issued to catch oysters or shrimp must have the same constantly in their possession while taking oysters or shrimp, and it shall be unlawful to take oysters or shrimp unless a properly issued license to do so is in the possession of the person operating a boat engaged in taking oysters or shrimp or other persons engaged therein.
Ala. Code § 9-12-160 — Alabama Code / Title 9 / Chapter 12 / Section 9-12-160
Section 9-12-160 Authorized
Status: in_force

The Commissioner of Conservation and Natural Resources shall have authority to enter into agreements of reciprocity with conservation commissioners or directors and other proper officials of other states who have jurisdiction over the seafood laws and regulations of such states whereby the citizens of the State of Alabama may be permitted to catch or take fish, shrimp, crabs or oysters from the waters under the jurisdiction of such other states for commercial purposes, upon similar agreements whereby such nonresidents are allowed to take or catch fish, shrimp, crabs or oysters from the public salt waters of the State of Alabama for commercial purposes regardless of residence.
Ala. Code § 9-15-8 — Alabama Code / Title 9 / Chapter 15 / Section 9-15-8
Section 9-15-8 Filing of Lists of Used and Unused Lands by State Departments and Institutions; Filing of Lists of Improvements Made on Said Lands; Disposition of Lists
Status: in_force

It shall be the duty of each state department or institution of the State of Alabama which holds the legal title to or any interest in any lands in the State of Alabama and any department charged by law with the administration, control or management of any state department or institutional lands to file in the office of the Land Agent within the Department of Conservation and Natural Resources a complete list of all lands of whatsoever kind to which it holds the legal title or in which it claims any interest. If any land is held by any person, firm, corporation, department or institution of the State of Alabama for the use and benefit of any institution or department of the State of Alabama, such land shall also be included in such list to be filed in the office of the Land Agent, Department of Conservation and Natural Resources. Such list shall be compiled under the supervision of the managing head of such institution or department, and the real estate described therein shall be numbered by parcel and described legally.

The lands set forth in said list shall be classified by institution or department owning the same as used lands or unused lands. The terms “used lands” and “unused lands,” as herein used, shall have the same meaning as described by Section 9-15-1. Said list shall also show the manner in which title to or interest in said land was acquired; the character of the title; the general character of such land, that is, whether chiefly valuable for agriculture, mining, timber culture or other use; and the use to which it is being put.

In case of any improvements on any of said lands, a full description of the improvements shall be furnished the land agent, Department of Conservation and Natural Resources, on a form prescribed by the said land agent, to be filled in by the managing head of any state institution or department. Said lists so filed with the land agent, Department of Conservation and Natural Resources, shall be preserved and kept on file in office of Land Agent, Department of Conservation and Natural Resources.
Ala. Code § 9-2-41 — Alabama Code / Title 9 / Chapter 2 / Section 9-2-41
Section 9-2-41 Preparation of Plans and Specifications
Status: in_force

The Department of Conservation and Natural Resources is hereby empowered and authorized to prepare plans and specifications for the construction or modification of any buildings or facilities within the jurisdiction of the Department of Conservation and Natural Resources.
Ala. Code § 9-4-15 — Alabama Code / Title 9 / Chapter 4 / Section 9-4-15
Section 9-4-15 Contracts Between Survey or Board and Faculty Members or Students - Required; Approval
Status: in_force

In order to secure the services of any person who is qualified under the terms of Sections 9-4-14 through 9-4-19 to do research or experimental or promotional work for the Geological Survey of Alabama or the State Oil and Gas Board, such persons so retained or hired shall be required to enter into an agreement in writing with said survey or board, which agreement, before it becomes binding upon either party, shall be first approved in writing by the State Personnel Department. In the event the services of a faculty member are secured, the contract, as specified in this section, before it becomes binding shall first be approved in writing by the president of the institution in which such faculty member is associated in his official capacity as a faculty member; and, in the event the services of a student are secured, the contract, as specified in this section, before it becomes binding shall first be approved in writing by the dean of the school to which such student is attached in his official capacity as such student. The approval by the president of the institution as in the case of a faculty member or the approval by the dean as in the case of a student shall be in addition to the approval required in this section by the State Personnel Department.
Ala. Code § 9-12-63 — Alabama Code / Title 9 / Chapter 12 / Section 9-12-63
Section 9-12-63 Use of Unlicensed Boats, Etc., to Take, Etc., Oysters or Shrimp
Status: in_force

It shall be unlawful for any person, firm, corporation or association to take or catch or attempt to take or catch any oysters or shrimp by the use of any boat, barge or watercraft which has not been duly licensed by the Department of Conservation and Natural Resources.
Ala. Code § 9-14A-13 — Alabama Code / Title 9 / Chapter 14A / Section 9-14A-13
Section 9-14A-13 Bonds - Proceeds - Alabama State Parks System Improvement Fund
Status: in_force

The proceeds derived from the sale of each series of the bonds issued pursuant to this chapter by the Alabama State Parks System Improvement Corporation other than refunding bonds shall be paid into the State Treasury upon receipt thereof, and the State Treasurer shall keep such proceeds, as well as all income received from the investment and reinvestment of such proceeds (including income derived from the investment and reinvestment of previously derived income), in a special fund in the State Treasury, designated “The Alabama State Parks System Improvement Fund,” pending the expenditure of such proceeds and income for the purposes hereinafter authorized and as required by said amendment. All proceeds so deposited in the State Treasury shall be continuously invested by the State Treasurer in permitted investments, and as and when income from the investment of such proceeds is received, such income shall be kept continuously invested in the same manner as such proceeds. The State Treasurer, on the advice of the officers of the corporation, acting on projections of expenditures provided by the Director of Finance, shall keep all such proceeds, together with the income derived from the investment and reinvestment thereof, invested in investments which shall mature or otherwise be subject to liquidation on such terms as will provide cash when required for the purposes for which bonds may be issued pursuant to this chapter.
Ala. Code § 9-12-202 — Alabama Code / Title 9 / Chapter 12 / Section 9-12-202
Section 9-12-202 License; Fee
Status: in_force

Whoever desires to engage in the business of raising, exhibiting, and selling alligators on alligator farms shall apply to the department for a license to do so. If it appears that the application is made in good faith, upon payment of $1,000.00, an alligator farmer license may be issued permitting the applicant to breed, propagate, exhibit and sell to other licensed alligator farmers only, such alligators alive, or sell their skins and parts and to kill and transport them and sell their skins and parts as herein provided.
Ala. Code § 9-3-20 — Alabama Code / Title 9 / Chapter 3 / Section 9-3-20
Section 9-3-20 Exemption of Timber Lands from Local Fire District Service Charges and Fees; Jurisdiction of Alabama Forestry Commission
Status: in_force

(a) A local fire district may not assess any type of fees or dues upon forest land that is treated as timber land for ad valorem tax purposes.

(b) The authority and responsibility for the control and coordination of fire prevention, fire protection, and fire fighting services on land treated as timber land for ad valorem tax purposes shall be under the jurisdiction of the Alabama Forestry Commission.

(c) Nothing in this section shall preclude a forest land owner from voluntarily entering into an agreement with a local fire district to provide fire protection services for a negotiated fee.

(d) Nothing in this section shall invalidate a negotiated dues structure implemented by resolution by a fire district prior to June 10, 2019.
Ala. Code § 9-13-40 — Alabama Code / Title 9 / Chapter 13 / Section 9-13-40
Section 9-13-40 Declaration of Public Policy; Deferred Taxation of Timber on Lands Designated as Auxiliary State Forests Authorized and Directed
Status: in_force

It is the declared policy of the state to encourage reforestation of cutover lands and timber culture generally; and to that end and in consideration of the public benefits arising therefrom, the timber growing on lands which shall hereafter be designated by the State Forestry Commission as auxiliary state forests under the provision of this article shall not be taxable or assessed for taxation by any authority from the time that said lands are so designated until they are withdrawn as auxiliary state forests, and only the land on which said timber grows may be taxed or assessed for taxation as if the ownership of the timber growing thereon had been severed from the ownership of the land, and the valuation of the timber growing on auxiliary state forests shall not be included in the valuation of the shares of stock in any domestic corporation owning such timber in arriving at the valuation of the shares of stock of such corporation for taxation; provided, that said land shall be appraised jointly by the Department of Revenue and the State Forestry Commission with view to its use for timber production purposes, such appraisal being made with due regard to the fact that the timber yields from such lands require a considerable period of years for maturing and that the valuation determined by such appraisal for the purposes of taxation of the land independently of the timber shall not be increased during the continuance of such land as auxiliary state forests; and provided further, that when the land embraced within an auxiliary state forest does not exceed 160 acres, the land shall not be taxed or assessed for taxation.
Ala. Code § 9-11-56.2 — Alabama Code / Title 9 / Chapter 11 / Section 9-11-56.2
Section 9-11-56.2 Annual “Free Fishing Day.”
Status: in_force

An annual “Free Fishing Day” is hereby established and created. Saturday, June 10, 1989, is hereby designated as “Free Fishing Day” for calendar year 1989. For each calendar year thereafter, the Commissioner of the Department of Conservation and Natural Resources shall, not later than February 1 of each year, and without necessity of promulgation of regulation, designate the date of the annual “Free Fishing Day” for that calendar year. During the daylight hours on said day, those persons normally eligible to be and required to be licensed for fishing pursuant to Sections 9-11-53 through 9-11-56, as amended from time to time, shall be permitted to engage in those otherwise lawful fishing activities for which the licenses under Sections 9-11-53 through 9-11-56, would otherwise be required, without said licenses.
Ala. Code § 9-17-3 — Alabama Code / Title 9 / Chapter 17 / Section 9-17-3
Section 9-17-3 Oil and Gas Board - Created; Composition; Compensation and Members Emeritus
Status: in_force

(a) There is created and established a board, to be known as the State Oil and Gas Board, to be composed of three members to be appointed by the Governor for terms of the following duration: One member for a term of two years; one member for a term of four years; and one member for a term of six years. At the expiration of the term for which each of the original appointments is made, each successor member shall be appointed for a term of six years; and, in the event of a vacancy, the Governor shall by appointment fill such unexpired term. Each member shall be eligible for reappointment at the discretion of the Governor. The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. The board shall annually report to the Legislature by the second legislative day of each regular session the extent to which the board has complied with the diversity provisions of this subsection. Each member of the board shall be a resident and citizen of the State of Alabama and shall be a qualified voter therein. Each member shall qualify by taking an oath of office and shall hold office until his or her successor is appointed and qualified. The board shall elect from its number a chairman. The board shall meet or hold hearings at such times and places as may be found by the board to be necessary to carry out its duties. Each member of the board shall receive as compensation for his or her services an annual salary of three thousand six hundred dollars ($3,600) and, in addition thereto, each member shall be entitled to a travel and office expense allowance of five hundred dollars ($500) per month. The compensation and travel and office expense allowance as above set forth shall be paid from the Oil and Gas Fund.

(b) Any person who has served 19 or more years continuously on the board shall be a nonvoting member emeritus of the board. A member emeritus shall receive no compensation, salary, or travel or expense allowance or reimbursement for his or her service on the board.
Ala. Code § 9-10A-17 — Alabama Code / Title 9 / Chapter 10A / Section 9-10A-17
Section 9-10A-17 Audits
Status: in_force

Every watershed management authority established under the authority of this chapter shall be subject to audits by the state Examiners of Public Accounts.
Ala. Code § 9-8A-4.1 — Alabama Code / Title 9 / Chapter 8A / Section 9-8A-4.1
Section 9-8A-4.1 Commission - Revolving Fund Established; Expenditure of Funds; Appropriation of Funds to Commission
Status: in_force

(a) There is hereby established the Alabama Agricultural and Conservation Development Commission Revolving Fund to consist of all moneys received by the commission from legislative appropriations or from any other source, including any and all interest earned from such funds. Any funds remaining in the Alabama Agricultural and Conservation Development Commission Fund at the end of any fiscal year shall remain in said fund and is hereby reappropriated to the commission in each subsequent year.

(b) The state Budget Officer shall allocate to the commission its entire state appropriation for any fiscal year prior to January 2 of that fiscal year.

(c) The commission is hereby authorized to expend funds in the Alabama Agricultural and Conservation Development Commission Revolving Fund to pay expenses of the commission, to pay salaries of any personnel employed or contracted with by the commission, to reimburse the State Soil and Water Conservation Committee for expenditures and expenses incurred in its support of the Agricultural and Conservation Development Commission, to support the operations of the State Soil and Water Conservation Committee, and to perform any other legitimate power of the commission. The remainder of funds may be allocated to the soil and water conservation districts in the manner prescribed in Section 9-8A-5.