reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6 - Environmental Improvement Authorities. › Section 9-6-3 - Purposes of Authorities.

Section 9-6-3
Purposes of authorities.
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.
(Acts 1969, No. 1117, p. 2060, §3.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6 - Environmental Improvement Authorities. › Section 9-6-5 - Procedure for Incorporation.

Section 9-6-5
Procedure for incorporation.
(a) Within 40 days from and after the date of issuance by the Governor of his executive order authorizing the applicants to proceed to form a public corporation, as provided in Section 9-6-4, the applicants or not less than three of the applicants shall proceed to incorporate a public corporation by filing of record in the office of the Secretary of State a certificate of incorporation which shall comply in form and substance with the requirements of this section and be executed in the manner provided in this section.
(b) The certificate of incorporation of the authority shall state:
(1) The names of the persons incorporating the authority, together with their post office addresses and a statement that each of them is a qualified elector of the State of Alabama;
(2) The name of the authority (which shall include the words "environmental improvement authority");
(3) The location of the principal office of the authority, which shall be within the area of operation;
(4) A description, by county name or otherwise, of the area of operation;
(5) The objects for which the authority is incorporated;
(6) The period for the duration of the authority (which may be perpetual if so stated); and
(7) Any other matters relating to the authority not contrary to law which the incorporators choose to insert.
(c) The certificate of incorporation shall be signed by each of the incorporators and shall be acknowledged before an officer authorized by the laws of this state to take acknowledgments to deeds. When the certificate of incorporation is filed for record there shall be attached to it a certified copy of the executive order authorizing the incorporation of the authority. When the certificate of incorporation is filed in his office, the Secretary of State shall forthwith receive and record the same, and thereupon the authority shall be in existence under the name stated in the certificate of incorporation and shall constitute and be a public corporation and a political subdivision and instrumentality of the State of Alabama. Within 10 days following the date the certificate of incorporation is filed in the office of the Secretary of State, the incorporators shall notify the Governor in writing that the authority has been formed.
(Acts 1969, No. 1117, p. 2060, §5.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6 - Environmental Improvement Authorities. › Section 9-6-6 - Board of Directors.

Section 9-6-6
Board of directors.
Each public corporation formed under this chapter shall be governed by a board of directors. All powers of the corporation shall be exercised by the board or pursuant to its authorization. The initial board shall consist of three directors appointed by the Governor from among the persons who filed the application to incorporate. The Governor shall appoint the directors as soon as may be practicable after he is notified, as required in Section 9-6-5, that the public corporation has been formed. The terms of the directors shall be staggered, the first term of one director being for three years from and after the date of his appointment, the first term of another director being for six years from and after the date of his appointment and the first term of the remaining director being for nine years from and after the date of his appointment; thereafter the term of office of each director shall be for nine years. Vacancies on the board shall be filled by appointment by the Governor. Appointments to fill vacancies which occur during a regular term shall be for the unexpired term. Each director appointed by the Governor shall be a person of good moral character, and he shall be a qualified elector of this state. Directors shall be eligible for reappointment. If the certificate of incorporation shall so provide, each director may be reimbursed by the authority for actual expenses incurred by him in and about the performance of his duties; and, in addition thereto, each director may be further compensated by the authority in an amount not to exceed $1,200.00 per year, as shall be determined by the board of directors. Any director of the authority may be impeached and removed from office in the same manner and on the same grounds provided by Section 175 of the Constitution of Alabama and the general laws of the state for impeachment and removal from office of the officers mentioned in said Section 175.
(Acts 1969, No. 1117, p. 2060, §6.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6 - Environmental Improvement Authorities. › Section 9-6-7 - Advisory Committee.

Section 9-6-7
Advisory committee.
Whenever the described area of operation shall include three or more counties or portions thereof, there shall be created an advisory committee to consult with and assist the authority. The advisory committee shall consist of one member from each affected county who shall be a person of good moral character and a duly qualified elector of the county he represents on the advisory committee, together with the Governor, the State Health Officer, the Commissioner of Conservation and Natural Resources, the State Geologist, the Director of the State Industrial Development Board, the Chairman of the Alabama Water Improvement Commission, the President of the Alabama Wildlife Federation and the head of any air pollution regulating body which might be created by the Legislature of this state, who shall be members ex officio of the advisory committee. The Governor shall be the chairman of the advisory committee, and he shall designate one of the appointive members as vice-chairman at the time of appointing such member. All members of the advisory committee other than the ex officio members shall be appointed by the Governor. The appointive members shall serve for terms of six years, and the persons serving as members ex officio shall serve for terms concurrent with the period of their tenure in office. The appointive members shall be eligible for reappointment. The advisory committee shall convene in meeting at the call of the chairman or of the vice-chairman. Meetings may also be called by notice signed by a majority of the appointive members. Notices of all meetings shall be in writing and such notices shall be served upon each member in person or by regular United States mail, postage prepaid, at least 10 days prior to the date upon which the meeting is to be held. It shall be the purpose of the advisory committee and of the members thereof to advise and consult with the authority with respect to water, air or general environmental pollution problems in the several counties within the area of operation, to establish and maintain liaison between the authority on the one hand and the industrial community, the county and municipal bodies and the agencies headed by the ex officio members on the other and generally to aid and assist the authority in carrying on its functions and fulfilling its purposes and objects and in coordinating the same with the efforts of other like authorities and other agencies in controlling, abating and preventing water, air or general environmental pollution.
(Acts 1969, No. 1117, p. 2060, §7.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6 - Environmental Improvement Authorities. › Section 9-6-10 - Bonds - Contracts to Secure Payment.

Section 9-6-10
Bonds - Contracts to secure payment.
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.
(Acts 1969, No. 1117, p. 2060, §10.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6 - Environmental Improvement Authorities. › Section 9-6-11 - Bonds - Creation of Statutory Mortgage Lien.

Section 9-6-11
Bonds - Creation of statutory mortgage lien.
Any resolution of the board or trust indenture under which bonds may be issued pursuant to the provisions of this chapter may contain provisions creating a statutory mortgage lien in favor of the holders of such bonds and of the interest coupons applicable thereto on the equipment, facilities, apparatus and systems or any part thereof (including any after-acquired property) out of the revenues from which such bonds are made payable. The said resolution of the board or the said trust indenture may provide for the filing of record in the office of the judge of probate of each county in which any part of such equipment, facilities, apparatus and systems or any part thereof may be located of a notice containing a brief description of such bonds and a declaration that said statutory mortgage lien has been created for the benefit of the holders of such bonds and the interest coupons applicable thereto upon such equipment, facilities, apparatus and systems or any thereof, including additions thereto and extensions thereof. Each judge of probate shall receive and record and index any such notice filed for record in his office. The recording of such notice, as provided in this section, shall operate as constructive notice of the contents thereof.
(Acts 1969, No. 1117, p. 2060, §11.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6 - Environmental Improvement Authorities. › Section 9-6-12 - Bonds - Use of Proceeds From Sale.

Section 9-6-12
Bonds - Use of proceeds from sale.
All moneys derived from the sale of any bonds issued by the authority shall be used solely for the purpose or purposes for which the same are authorized and any costs and expenses incidental thereto. Such costs and expenses may include, but shall not be limited to:
(1) The fiscal, engineering, legal and other expenses incurred in connection with the issuance and sale of the bonds;
(2) In the case of bonds issued to pay costs of construction, interest on such bonds (or, if a part only of bonds of any series is issued for construction purposes, interest on that portion of the bonds of that series that is issued to pay construction costs) prior to and during such construction; and
(3) In the case of bonds issued for the purpose of refunding principal and interest or either with respect to bonds issued or obligations assumed by the authority, any premium that it may be necessary to pay in order to redeem or retire the bonds or other obligations to be refunded.
(Acts 1969, No. 1117, p. 2060, §12.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6 - Environmental Improvement Authorities. › Section 9-6-13 - Aid and Cooperation of Political Subdivisions, Agencies or Other Instrumentalities of State.

Section 9-6-13
Aid and cooperation of political subdivisions, agencies or other instrumentalities of state.
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.
(Acts 1969, No. 1117, p. 2060, §13.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6 - Environmental Improvement Authorities. › Section 9-6-14 - Immunity From Tort Liability.

Section 9-6-14
Immunity from tort liability.
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.
(Acts 1969, No. 1117, p. 2060, §14.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6 - Environmental Improvement Authorities. › Section 9-6-15 - Exemptions From Taxation; Payment of Fees, Costs, Etc.

Section 9-6-15
Exemptions from taxation; payment of fees, costs, etc.
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.
(Acts 1969, No. 1117, p. 2060, §16.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6 - Environmental Improvement Authorities. › Section 9-6-16 - Reports to Governor.

Section 9-6-16
Reports to Governor.
The authority shall submit to the Governor a detailed report of its activities during the previous year and of its financial condition. Such annual report shall be submitted as of October 1 of each year, excluding the year 1969. The governor may also require special interim reports by the authority of its activities and its financial condition; provided, that such interim reports may not be required more often than once each calendar quarter year.
(Acts 1969, No. 1117, p. 2060, §17.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6 - Environmental Improvement Authorities. › Section 9-6-17 - Provisions of Chapter Cumulative; Provisions of Chapter Exclusive as to Incorporation, Issuance of Bonds, Etc.

Section 9-6-17
Provisions of chapter cumulative; provisions of chapter exclusive as to incorporation, issuance of bonds, etc.
This chapter is intended to aid the state in the execution of its duties by providing appropriate and independent instrumentalities of the state with full and adequate powers to fulfill their functions. The foregoing sections of this chapter shall be deemed to provide additional and alternative methods for the doing of the things authorized thereby and shall be regarded as supplemental and additional to and not in derogation of any powers conferred upon boards of water and sewer commissioners created by municipalities within this state or upon any other agencies of the state or the municipalities thereof which are concerned with the control, abatement or prevention of water, air or general environmental pollution. Neither this chapter nor any provision contained in this chapter shall be construed as a restriction or limitation upon any power, right or remedy which any corporation organized under this chapter may have in the absence thereof, but shall be construed as cumulative and independent of any such power, right or remedy. No proceedings, notice or approval shall be required for the incorporation of such corporation or the amendment of its certificate of incorporation, the acquisition of any property, facilities or systems, the making of any loans or the borrowing of money or assumption of obligations or the issuance of bonds or other instruments in evidence thereof or as security therefor except as prescribed in this chapter, any other law to the contrary notwithstanding; provided, however, that nothing in this chapter shall be construed to suspend the jurisdiction of the State Board of Health as may be otherwise provided by law.
(Acts 1969, No. 1117, p. 2060, §15.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6A - Synfuels Development Authority. › Section 9-6A-1 - Definitions.

Section 9-6A-1
Definitions.
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1981, No. 81-721, p. 1227, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6A - Synfuels Development Authority. › Section 9-6A-2 - Purposes of Authority.

Section 9-6A-2
Purposes of authority.
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1981, No. 81-721, p. 1227, §2.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6A - Synfuels Development Authority. › Section 9-6A-3 - Individuals Who May Become Public Corporation.

Section 9-6A-3
Individuals who may become public corporation.
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1981, No. 81-721, p. 1227, §3.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6A - Synfuels Development Authority. › Section 9-6A-4 - Application for Authority to Incorporate; Review and Recordation by Secretary of State.

Section 9-6A-4
Application for authority to incorporate; review and recordation by Secretary of State.
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1981, No. 81-721, p. 1227, §4.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6A - Synfuels Development Authority. › Section 9-6A-5 - Certificate of Incorporation.

Section 9-6A-5
Certificate of incorporation.
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1981, No. 81-721, p. 1227, §5.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6A - Synfuels Development Authority. › Section 9-6A-6 - Board of Directors; Compensation; Proceedings to Be Reduced to Writing and Recorded.

Section 9-6A-6
Board of directors; compensation; proceedings to be reduced to writing and recorded.
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1981, No. 81-721, p. 1227, §6.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6A - Synfuels Development Authority. › Section 9-6A-7 - Powers of Authority.

Section 9-6A-7
Powers of authority.
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1981, No. 81-721, p. 1227, §7.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6A - Synfuels Development Authority. › Section 9-6A-8 - Contracts; Aggregate Monetary Obligation; Supervision or Performance by State Department of Transportation; Competitive Bidding.

Section 9-6A-8
Contracts; aggregate monetary obligation; supervision or performance by State Department of Transportation; competitive bidding.
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1981, No. 81-721, p. 1227, §8.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6A - Synfuels Development Authority. › Section 9-6A-9 - Delegation of Duties and Obligations of Authority.

Section 9-6A-9
Delegation of duties and obligations of authority.
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1981, No. 81-721, p. 1227, §9.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6A - Synfuels Development Authority. › Section 9-6A-10 - Dissolution of Authority; Application; Recordation of Application by Secretary of State.

Section 9-6A-10
Dissolution of authority; application; recordation of application by Secretary of State.
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1981, No. 81-721, p. 1227, §10.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7 - Preservation, Development, etc., of Coastal Areas. › Section 9-7-10 - Definitions.

Section 9-7-10
Definitions.
The following terms, whenever used in this chapter shall have the following respective meanings unless the context clearly indicates otherwise:
(1) COASTAL AREA. The coastal waters, including the lands therein and thereunder, and the adjacent shorelands, including the waters therein and thereunder, strongly influenced by each and in proximity to the shorelines of Alabama and including transitional and intertidal areas, salt marshes, wetlands, and beaches. The area extends seaward to the outer limit of the United States territorial sea and extends inland from the shorelines only to the extent necessary to control shorelands, the uses of which have a direct and significant impact on the coastal waters.
(2) COASTAL WATERS. Those waters, adjacent to the shoreline, which contain a measurable quantity or percentage of sea water, including but not limited to, sounds, bays, lagoons, bayous, ponds and estuaries.
(3) ESTUARY. That part of a river or stream or other body of water having unimpaired connection with the open sea, where the sea water is measurably diluted with fresh water derived from land drainage.
(4) ESTUARINE SANCTUARY. A research area which may include any part or all of an estuary, adjoining transitional areas and adjacent uplands, constituting to the extent feasible a natural unit, set aside to provide scientists and students the opportunity to examine over a period of time the ecological relationships within the area.
(5) MANAGEMENT PROGRAM. Such term includes, but is not limited to, a comprehensive statement in words, maps, illustrations or other media of communication, prepared and adopted by the state in accordance with the provisions of this chapter, setting forth objectives, policies and standards to guide public and private users of lands and waters in the coastal area.
(6) WATER USE. Activities which are conducted in or on the water, but such term does not mean or include the establishment of any water quality standard or criteria or the regulation of the discharge or runoff of water pollutants except the standards, criteria or regulations which are incorporated in any program as required by the provisions of this chapter.
(7) BOARD. The Office of State Planning and Federal Programs established pursuant to Sections 41-9-205 through 41-9-214.
(8) DEPARTMENT. The Alabama Department of Environmental Management.
(9) PERSON. Any and all persons, natural or artificial, including, but not limited to, any individual, partnership, association, society, joint stock company, firm, company, corporation, institution, trust, estate, other legal entity or business organization or any state or local governmental entity and any successor of the foregoing.
(Acts 1976, No. 534, p. 686, §3; Acts 1982, No. 82-612, p. 1111, §11.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7 - Preservation, Development, etc., of Coastal Areas. › Section 9-7-11 - Purpose of Chapter; Legislative Findings.

Section 9-7-11
Purpose of chapter; legislative findings.
The purpose of this chapter is to promote, improve and safeguard the lands and waters located in the coastal areas of this state through a comprehensive and cooperative program designed to preserve, enhance and develop such valuable resources for the present and future well-being and general welfare of the citizens of this state. In promulgating such a program, the Legislature of Alabama recognizes and declares that:
(1) The coastal area is rich in a variety of natural, commercial, recreational, industrial and aesthetic resources of immediate and potential value to the present and future well-being of the state;
(2) There are increasing and competing demands upon the lands and waters of the coastal area occasioned by population growth and economic development, including requirements for industry, commerce, residential development, recreation, extraction of mineral resources and fossil fuels, transportation and navigation, waste disposal and harvesting of fish, shellfish and other living marine resources;
(3) The coastal area and the fish, shellfish, other living marine resources and wildlife therein are ecologically fragile and consequently vulnerable to destruction by man's alterations;
(4) Important ecological, cultural, historic and aesthetic values to the coastal area are essential to the well-being of all citizens;
(5) Special natural and scenic characteristics may be damaged by ill-planned development;
(6) There is a state interest in the effective administration, beneficial use, protection and development of the coastal area;
(7) In light of competing demands and the urgent need to balance development for the preservation of the natural systems in the coastal area, the key to more effective protection and use of land and water resources of the coastal area is to encourage the state to exercise its authority for improved and better methods of utilizing the lands and waters in the coastal area by developing, in cooperation with counties and municipalities and other vitally affected interests, land and water use programs for the coastal area, including unified policies, criteria, standards, methods and processes for dealing with land and water use.
(Acts 1976, No. 534, p. 686, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7 - Preservation, Development, etc., of Coastal Areas. › Section 9-7-12 - Declaration of State Policy.

Section 9-7-12
Declaration of state policy.
The Legislature finds and declares that it is state policy:
(1) To preserve, protect, develop and, where possible, to restore or enhance the resources of the state's coastal area for this and succeeding generations;
(2) To encourage and assist counties and municipalities, wherever applicable, to exercise effectively their responsibilities in the coastal area through the development and implementation of administration programs to achieve wise use of the land and water resources of the coastal area, giving full consideration to needs for economic development as well as to ecological, cultural, historic and aesthetic values;
(3) To assure that in development of the state's coastal area adequate consideration is given to such uses of the coastal area as the establishment of harbor facilities for the receiving of oil, gas and other commodities from ships and tankers, pipelines from such ports and utility plant sites, utility generation, transmission, distribution and transportation facilities;
(4) To urge that all state agencies engaged in programs affecting the coastal area cooperate and participate with local governments and regional agencies in effectuating the purposes of this chapter; and
(5) To encourage the participation of the public, of federal, state and local governments and of regional agencies in the development of coastal area management programs. With respect to implementation of such management programs, it is the state policy to encourage cooperation among the various state and regional agencies, including establishment of interstate and regional agreements, cooperative procedures and joint action, particularly regarding environmental problems.
(Acts 1976, No. 534, p. 686, §2.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7 - Preservation, Development, etc., of Coastal Areas. › Section 9-7-13 - Activities Deemed Permissible Uses Within Coastal Area; Determination of Additional Permissible Uses.

Section 9-7-13
Activities deemed permissible uses within coastal area; determination of additional permissible uses.
(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.
(Acts 1976, No. 534, p. 686, §4; Acts 1982, No. 82-612, p. 1111, §11.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7 - Preservation, Development, etc., of Coastal Areas. › Section 9-7-14 - Coastal Area Board - Created; Composition; Qualifications, Appointment, Term of Office and Compensation of Members; Officers; Meetings; Seal; Powers and Duties Generally; Executive Director and Employees; Technical Assistance to Board; Acceptance, Use and Disposition of Funds, Facilities, Etc.

Section 9-7-14
Coastal Area Board - Created; composition; qualifications, appointment, term of office and compensation of members; officers; meetings; seal; powers and duties generally; executive director and employees; technical assistance to board; acceptance, use and disposition of funds, facilities, etc.
(a) through (g) Repealed by Acts 1982, No. 82-612, p. 1111, §14(b), effective October 1, 1982.
(h) The board shall have authority to solicit, accept and expend funds from the state, the United States and from any other source, to carry out provisions, purposes and policies of this chapter.
(i) The board shall coordinate activities and plans of all existing interests, other state governments, local governments, regional planning agencies, interstate compacts and commissions and federal agencies which have programs relevant to the coastal area.
(j) When necessary to achieve conformance with the management program provided for in Section 9-7-15, the board shall have the power to acquire fee simple and less than fee simple interest in land, water and other property under the procedures of Title 18 of this code, or other means; provided, however, that such power shall not apply to property and interest therein which is devoted to public use. In the implementation of this chapter no governmental agency shall adopt a rule or regulation that is unduly restrictive or constitutes a taking of property without payment or full compensation in accordance with the Constitution of the State of Alabama or of the United States.
(k) through (m) Repealed by Acts 1982, No. 82-612, p. 1111, §14(b), effective October 1, 1982.
(n) The board is authorized to accept and use such funds, facilities or personnel as may be or may become available for the purposes of this chapter.
(Acts 1976, No. 534, p. 686, §§5, 14; Acts 1982, No. 82-612, p. 1111, §14(b).)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7 - Preservation, Development, etc., of Coastal Areas. › Section 9-7-16 - Department of Environmental Management - Promulgation of Rules and Regulations.

Section 9-7-16
Department of Environmental Management - Promulgation of rules and regulations.
The department shall develop and promulgate, after notice and opportunity for full participation by relevant federal agencies, state agencies, local governments, regional organizations, port authorities and other interested parties, both public and private, such rules and regulations as may be necessary to carry out the management program provided for in this chapter.
(Acts 1976, No. 534, p. 686, §7; Acts 1982, No. 82-612, p. 1111, §11.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7 - Preservation, Development, etc., of Coastal Areas. › Section 9-7-17 - Approval by Governor of Management Program.

Section 9-7-17
Approval by Governor of management program.
(a) The management program provided for in Section 9-7-15 shall not become effective until approved by the Governor.
(b) Repealed by Acts 1982, No. 82-612, p. 1111, effective October 1.
(Acts 1976, No. 534, p. 686, §10; Acts 1982, No. 82-612, p. 1111, §11.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7 - Preservation, Development, etc., of Coastal Areas. › Section 9-7-20 - Requirements as to Permits Generally; Regulation of Uses of Lands Within Coastal Area by Local Government Units; Filing With Board Copies of Applications for Federal Permits.

Section 9-7-20
Requirements as to permits generally; regulation of uses of lands within coastal area by local government units; filing with board copies of applications for federal permits.
(a) It is the intent and purpose of this section to avoid duplication whenever possible as to managing activities within the coastal area and yet assure compliance with the management program established by the board.
(b) The department shall review the permitting activities of persons within the coastal area in order to insure consistency with the coastal area management program and where necessary to issue permits to persons to insure compliance and consistency with said program. No agency can issue a permit for any activity in the coastal area that the Department of Environmental Management finds to be inconsistent with the coastal area management program.
(c) There may well be uses of certain lands included within the boundaries of the coastal area which will not have a "direct and significant" impact on coastal waters. Such uses may be subject to regulation by local units of government (cities or counties) within the framework of the management program adopted by the board.
(d) Any person, corporation or partnership filing an application for the federal permit for an activity to be conducted within the boundaries of the coastal area shall deliver to the department an informational copy of such application.
(Acts 1976, No. 534, p. 686, §8; Acts 1982, No. 82-612, p. 1111, §11.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7A - Alabama Recreation Capital Development Assistance Fund. › Section 9-7A-1 - Creation; Composition; Purpose.

Section 9-7A-1
Creation; composition; purpose.
There is hereby created a fund which shall be known as the Alabama Recreation Capital Development Assistance Fund. The fund shall consist of moneys appropriated from the General Fund by the Legislature to assist state agencies, municipalities and counties within Alabama to address their recreational needs in such quality and quantity as is necessary and desirable to strengthen the health and vitality of Alabama's human and economic resources by providing funds for and authorizing state assistance to Alabama's governmental entities in planning, acquisition and development of needed land and water recreation areas and facilities.
(Acts 1982, No. 82-615, p. 1154, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7A - Alabama Recreation Capital Development Assistance Fund. › Section 9-7A-2 - Definitions.

Section 9-7A-2
Definitions.
The following terms, whenever used in this chapter, shall have the following respective meanings unless the context clearly indicates otherwise:
(1) COMMISSIONER. The Commissioner of the Department of Conservation and Natural Resources.
(2) ADMINISTRATOR. The director of the plans and programs of the Department of Conservation and Natural Resources.
(3) FUND. The Alabama Recreation Capital Development Assistance Fund.
(4) APPLICANT. Any county, or municipality; or state, county or municipal agency having legal authority to hold title to real property, or any combination of the above named entities.
(5) RECREATIONAL LAND. Land and appurtenances thereto used for, or susceptible to recreational use.
(6) RECREATIONAL USE. Participation in or observation of outdoor activities by the general public including, but not limited to, hunting, fishing, water sports, aerial sports, hiking, camping, winter sports, animal or vehicular riding and any related activity.
(7) STATE PROJECT. Any program of a state agency, board, authority or commission either individually or jointly, for the planning, acquisition of title or interest in real property, and development of facilities; providing thereby for recreational uses or for research or other educational studies deemed necessary to assist in implementing this chapter.
(8) LOCAL PROJECT. Any program of a county, municipality or agency thereof, either individually or jointly, for the planning, acquisition of title or interest in real property, and development of facilities, providing thereby for recreational uses.
(9) IN-KIND CONTRIBUTIONS. In-kind contributions represent the value of contributions provided by the applicant, other public agencies and institutions, and private organizations and individuals which directly benefit and are specifically identifiable to the project.
(Acts 1982, No. 82-615, p. 1154, §2; Acts 1983, 2nd Ex. Sess., No. 83-131, p. 137, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7A - Alabama Recreation Capital Development Assistance Fund. › Section 9-7A-3 - Application; Procedure; Description of Project.

Section 9-7A-3
Application; procedure; description of project.
No grant may be made under this chapter unless an application is submitted to the commissioner in accordance with regulations and procedures prescribed by him and the project described in said application is in accordance with the statewide outdoor recreation plan which has been approved by the commissioner.
(Acts 1982, No. 82-615, p. 1154, §3.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7A - Alabama Recreation Capital Development Assistance Fund. › Section 9-7A-4 - Applicants Required to Assume Post-Completion Cost of Maintenance, Etc.

Section 9-7A-4
Applicants required to assume post-completion cost of maintenance, etc.
All applicants shall agree to assume after completion of the project, the total cost of maintenance, repair and operation of the property.
(Acts 1982, No. 82-615, p. 1154, §4.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7A - Alabama Recreation Capital Development Assistance Fund. › Section 9-7A-5 - Grants — Maximum Amount; Contribution of Matching Amount by Applicant; Composition of Applicant's Share.

Section 9-7A-5
Grants — Maximum amount; contribution of matching amount by applicant; composition of applicant's share.
Grants to any applicant shall cover not more than fifty percent of the cost of planning, acquiring, or developing a project that is undertaken by the applicant. The remaining share of the cost shall be borne by the applicant. No less than fifty percent of the applicant's share of the cost of a project shall consist of cash contributions or real property donated by private sources. The remaining match may be in the form of in-kind contributions.
(Acts 1982, No. 82-615, p. 1154, §5.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7A - Alabama Recreation Capital Development Assistance Fund. › Section 9-7A-6 - Grants - Projects Receiving Financial Assistance Must Conform to the State Comprehensive Outdoor Recreation Plan.

Section 9-7A-6
Grants - Projects receiving financial assistance must conform to the state comprehensive outdoor recreation plan.
Financial assistance may be provided to any applicant for the following types of projects or combinations thereof if they are in accordance with the state comprehensive outdoor recreation plan:
(1) Payments for the acquisition of land, waters or interest in land or waters but not including incidental costs relating to acquisition.
(2) Payments for development of recreation facilities to serve the general public, including the development of state lands.
Lands under lease for recreational development must be for a minimum of twenty-five years. Lands acquired with funds under this chapter must be dedicated to recreational use.
(Acts 1982, No. 82-615, p. 1154, §6.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7A - Alabama Recreation Capital Development Assistance Fund. › Section 9-7A-7 - Grants - Disbursement.

Section 9-7A-7
Grants - Disbursement.
Payments shall be made to applicants by the commissioner only for approved projects. Such payments may be made from time to time in keeping with the rate of progress toward the satisfactory completion of individual projects. All such payments shall be made by the commissioner to the official or agency having the lawful authority and responsibility of accepting and administering funds paid hereunder. If consistent with an approved project, and when the commissioner deems it necessary to do so, payments may be made in advance.
(Acts 1982, No. 82-615, p. 1154, §7.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7A - Alabama Recreation Capital Development Assistance Fund. › Section 9-7A-8 - Reports to Commissioner Required; Form; Contents.

Section 9-7A-8
Reports to commissioner required; form; contents.
No payment shall be made to any applicant until the applicant has agreed to provide reports to the commissioner, in such form and containing information, as may be reasonably necessary to enable the commissioner to perform his duties under this chapter, including such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement and accounting for funds paid to the applicant under this chapter.
(Acts 1982, No. 82-615, p. 1154, §8.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7A - Alabama Recreation Capital Development Assistance Fund. › Section 9-7A-9 - Applicant Required to Maintain Records; Contents.

Section 9-7A-9
Applicant required to maintain records; contents.
Each applicant under this chapter shall keep such records as the commissioner shall prescribe, including records which fully disclose the amount and the disposition by each applicant of the proceeds, the total cost of the project in connection with which such assistance is given or used, and the amount and nature of that portion of the cost of the project or undertaking supplied by other sources; and such other records as will facilitate an effective audit.
(Acts 1982, No. 82-615, p. 1154, §9.)