Alabama Codes

Title 9 - Conservation And Natural Resources

Chapter 1 - Forests And Forest Products

Article 1 General Provisions.

Section 9-13-1 Gifts of lands for state forests
The Governor may, upon the recommendation of the State Forestry Commission, accept gifts of land to the state, the same to be held and ...
Section 9-13-2 Distribution and expenditure of receipts from national forests
Promptly after receipt by the state of any moneys from the United States accruing from receipts from national forests within the state, the Governor ...
Section 9-13-3 Assistance, etc., of private landowners; suppression of forest fires, etc.; promotion and development of forestry, etc.; acquisition, management and disposition of land; officers, assistants and employees
(a) The commission shall give such advice, assistance and cooperation as may be practicable to private landowners and promote, so far as it may ...
Section 9-13-4 Alabama Forestry Commission Fund
There shall be a fund known as the Alabama Forestry Commission Fund. This fund shall consist of all occupational licenses and privilege taxes imposed ...
Section 9-13-5 Designation or appointment of forest wardens; duties
All sheriffs, deputy sheriffs, constables, marshals and such other persons as may be designated or appointed by the Governor or by the State Forester ...
Section 9-13-6 Forest fire wardens — Appointment; duties generally
The State Forester shall have the power to appoint any person in any area of the state who is skilled in forestry work or ...
Section 9-13-7 Forest fire wardens — Right of entry upon lands for construction of fire lines, etc
Persons so appointed as forest wardens shall be empowered to enter any lands and to construct thereon fire lines, fire lanes or fire breaks, ...
Section 9-13-8 Forest fire wardens — Issuance to and use of fire-fighting equipment
At the discretion of the State Forester, such forest fire wardens may be issued fire-fighting equipment from such equipment as may be available for ...
Section 9-13-9 Forest fire wardens — Compensation
The State Forester, with the approval of the state merit board, shall have the power to provide for the compensation to be received by ...
Section 9-13-10 Powers of State Forestry Commission employees as to enforcement of laws, prevention and suppression of forest fires, etc
All employees of the State Forestry Commission appointed as forest law enforcement officers by the State Forester are hereby constituted peace officers of the ...
Section 9-13-10.1 Assistance of State Forestry Commission in control and suppression of wildfires by other state agencies
All state agencies, in the performance of their duties and responsibilities to the people of Alabama, are authorized to aid and assist the State ...
Section 9-13-11 Willful, malicious or intentional setting on fire, etc., of woodlands, grasslands, etc.; burning permits; fire alerts; placement of areas under organized forest fire protection; disposition of fines, etc
(a) It shall be a Class C felony for every person, firm, association, or corporation who: (1) Willfully, maliciously or intentionally burns, sets fire ...
Section 9-13-12 Uncontrolled fires declared public nuisances; liability for refusal or neglect to control or extinguish same
Any fire burning uncontrolled on any forested, cutover, brushland or grassland area is hereby declared to be a public nuisance by reason of its ...
Section 9-13-13 Setting on fire, etc., of woods, etc., without written notice to adjacent landowners
Any person or corporation who shall set fire to or procure another to set fire to any woods, logs, brush, weeds, grass or clearing ...
Section 9-13-14 Equipping of locomotives, etc., with appliances to prevent escape of fire
Logging and railroad locomotives, donkey and threshing engines and other engines and boilers operated in, through and near forest or brush which do not ...
Section 9-13-15 Attachment of wires, etc., to trees in towns or cities by lighting or power companies
No electric lighting or power company shall attach any wires or other lighting appliances to any trees along any street of any town or ...
Section 9-13-22 District attorneys to prosecute violators of provisions of chapter
The district attorneys of the several counties shall prosecute all violators of the provisions of this chapter. ...
Section 9-13-23 Jurisdiction of prosecutions under chapter
The district courts of this state shall have jurisdiction to hear and determine all cases and prosecutions originating under the provisions of this chapter ...
Section 9-13-24 Fees of arresting officers, etc.; informers' fees
When an arrest for a violation of the provisions of the forestry laws is made by a salaried officer or salaried employee of the ...
Section 9-13-25 Forestry Study Committee established; membership; meetings; duties; powers; expenses; reports
(a) There is hereby established the Forestry Study Committee. Such committee shall be composed of fifteen members. The Speaker of the House and the ...

Article 2 Auxiliary State Forests.

Section 9-13-40 Declaration of public policy; deferred taxation of timber on lands designated as auxiliary state forests authorized and directed
It is the declared policy of the state to encourage reforestation of cutover lands and timber culture generally; and to that end and in ...
Section 9-13-41 Designation of lands as auxiliary state forests — Applications
Any owner of lands desiring to devote the same to forest culture and to have the same designated as auxiliary state forests shall file ...
Section 9-13-42 Designation of lands as auxiliary state forests — When abstract of title, etc., required; release of dower or homestead rights
The State Forestry Commission may, in its discretion, require the applicant to furnish an abstract of title of said lands showing him to be ...
Section 9-13-43 Designation of lands as auxiliary state forests — Inspection of lands; drafting and execution of contracts
Upon the filing of such application, the State Forestry Commission shall, as soon as practicable, inspect the said land or cause the same to ...
Section 9-13-44 Designation of lands as auxiliary state forests — Contents of contracts
The Governor may, at his discretion, upon designation of any lands as auxiliary state forests, under the provisions of this article, on behalf of ...
Section 9-13-45 Abrogation of contracts
If any owner or the successor in title of any such owner shall violate the provisions of his contract, the Governor may, in his ...
Section 9-13-46 Withdrawing of lands as auxiliary state forests; harvesting or use of timber without withdrawing of lands; payment of privilege tax generally
(a) Any owner of land designated as auxiliary state forests may, after the lapse of five years from the designation of the said lands ...
Section 9-13-47 Appraisal of timber upon withdrawal of lands as state harvests, etc.; privilege tax
Upon withdrawal of said lands or any part thereof as auxiliary state forests or harvesting or other use of parts of timber on said ...
Section 9-13-48 Lien on timber for payment of privilege taxes; collection of other taxes, etc
The state shall have a lien upon the timber on land designated as auxiliary state forests for the payment of the privilege tax provided ...
Section 9-13-49 Disposition of privilege taxes
Said privilege tax shall be paid to the State Forestry Commission and by it reported to the Comptroller and paid into the Treasury, whereupon ...
Section 9-13-50 Maintenance of records as to auxiliary state forests
The State Forestry Commission shall keep a book in which shall be recorded all applications for the designation of lands as auxiliary state forests, ...

Article 3 Regulations as to Cutting, Removal, Purchase, etc., of Forest Products.

Section 9-13-60 Unauthorized cutting, removal, transportation, etc., of timber or other forest products
Any person or persons who shall

(1) Willfully and knowingly cut, kill, destroy, girdle, chop, chip, saw or otherwise damage timber or forest ...
Section 9-13-61 Charges in affidavits, informations or indictments under article; proof of title, etc
In any affidavit, information or indictment under this article, the person or persons accused may be charged with commencing or conspiring to commence at ...
Section 9-13-62 Liability
Any person or entity who damages, destroys, cuts, or removes timber or other forest products not owned by that person or without the authority ...
Section 9-13-63 Record of purchases, etc., of manufactured or semimanufactured forest products; provision of false information to purchasers, etc.; failure to maintain record, etc
Any person, firm, or corporation buying, contracting to buy, or otherwise acquiring logs, poles, piling, crossties, pulpwood, veneer bolts, stave bolts, or other unmanufactured ...
Section 9-13-64 Powers of State Forestry Commission employees as to enforcement of article, etc
All employees of the State Forestry Commission shall have the powers of peace officers in the enforcing of the provisions of this article. They ...
Section 9-13-65 Disposition of fines
All fines collected from violations of Sections 9-13-60 and 9-13-63 shall go to the Alabama Forestry CommissionFund. ...

Article 4 Forest Products Privilege and Severance Taxes.

Section 9-13-80 Definitions
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the ...
Section 9-13-81 Levy of severance tax; lien upon forest products, etc., for payment of tax
To provide further for conservation of the natural resources of the state by protection of the forest products and development of the forestry program, ...
Section 9-13-82 Rates; additional privilege tax upon processors of or manufacturers using forest products; taxation of round wood pulpwood converted into chips
(a) The measure of the tax is at the following rates: (1) On pine lumber $0.50, per 1,000 feet board measure lumber tally. Where ...
Section 9-13-83 Exemptions from taxes
The taxes levied by this article shall not apply to nor shall such taxes be required of those individual owners of timber who occasionally ...
Section 9-13-84 Payment and disposition of taxes generally; Special State Forestry Fund; appropriation of tax receipts for use of State Forestry Commission
The taxes imposed by this article, and any other taxes imposed on the severance of forest products, shall be due and payable quarterly to ...
Section 9-13-85 Expenditures for forest protection
The percentage of the funds expended under this article for forest protection for the protection of farm forest lands shall not be less than ...
Section 9-13-86 Filing of quarterly reports and payment of taxes — Manufacturers of forest products or owners of concentration yards; failure or refusal to collect tax from seller; refunds, etc., of tax collected from seller; penalties
Every manufacturer of forest products shall, within 30 days after the expiration of each quarter annual period expiring, respectively, on the last day of ...
Section 9-13-87 Filing of quarterly reports and payment of taxes — Producers of forest products shipping, etc., same out of state in unmanufactured condition
Every producer of forest products who shall ship the same out of the State of Alabama in an unmanufactured condition or who shall sell ...
Section 9-13-88 Maintenance of records, books and accounts by manufacturers, concentration yards and producers shipping forest products out of state in unmanufactured condition
It shall be the duty of every manufacturer of forest products in this state and of every producer who shall ship forest products out ...
Section 9-13-90 Failure to make reports or maintain records
Any person subject to the provisions of this article who shall fail to make the reports or any of them as required by this ...
Section 9-13-93 When taxes delinquent
The taxes provided in this article shall become delinquent after the date fixed for the filing of the quarter annual report to be filed ...
Section 9-13-99 Lien upon property for payment of taxes, interest and penalties
The taxes together with interest and penalties imposed by this article shall be a lien upon the property of any person subject to the ...
Section 9-13-103 Proceedings as to persons designing to engage in acts prejudicial to collection of taxes, etc
If the department finds that a person liable for taxes under any provisions of this article designs quickly to depart from the state or ...
Section 9-13-104 Reports of transporters of forest products — Required
When requested by the commissioner, all transporters of forest products out of, within or across the State of Alabama shall be required to furnish ...
Section 9-13-105 Reports of transporters of forest products — Failure to make report
The failure of any person to make the transporter's report provided for in Section 9-13-104 shall be punished by a fine of not less ...
Section 9-13-106 Payment of taxes by counties or municipalities purchasing forest products
When the governing body of any county or municipality in the state shall purchase any forest products upon which the privilege taxes imposed by ...
Section 9-13-107 Forest products to which taxes imposed by article applicable
The taxes imposed by this article shall apply to any forest products severed from land owned by either the State of Alabama or the ...
Section 9-13-108 Taxes upon the excise or privilege of severing, processing, or manufacturing of forest products
Any and all taxes upon the excise or privilege of severing, processing, or manufacturing of forest products shall inure to the State of Alabama ...

Article 5 Protection of Forest Trees from Insect Infestation or Tree Disease Infection.

Section 9-13-120 Definitions
As used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) Person.
An individual, ...
Section 9-13-121 Investigations as to existence of insect infestations or disease infections; notice to landowners of existence of same; recommended control measures, etc
Where an insect infestation or disease infection is believed to exist on forestland within the state, the State Forester shall cause an investigation to ...
Section 9-13-122 Declaration of existence of control zones, etc
Whenever the State Forester determines that there exists an infestation or infection injurious to timber of forest growth on privately owned lands and that ...
Section 9-13-123 Notice to landowners upon establishment of control zones; powers of State Forester where landowner fails or refuses to initiate control measures
On the establishment of a control zone, the State Forester shall give notice in writing by registered or certified mail, return receipt requested, in ...
Section 9-13-124 Dissolution of control zones
Whenever the State Forestry Commission determines that insect or disease control work within the designated control zone is no longer necessary or feasible, then ...
Section 9-13-125 Cooperative agreements with federal government, public or private agencies and landowners
In order to accomplish the suppression, eradication and destruction of such tree infestation or infection as outlined in this article, the State Forestry Commission ...
Section 9-13-126 Control of Forest Tree Insects and Diseases Fund
There is hereby created in the State Treasury a special fund to be known as the "Control of Forest Tree Insects and Diseases Fund." ...

Article 6 Fire Prevention in Emergency Drought Conditions.

Section 9-13-140 Declaration of drought emergency conditions
Whenever conditions exist in any county or counties in this state which produce extraordinary danger from fire, the State Forestry Commission, with approval of ...
Section 9-13-141 Setting fires, building campfires or burning trash during drought emergencies; backfires
At such time as the State Forestry Commission has declared by regulation a drought emergency in any county or counties, it shall be unlawful ...
Section 9-13-142 Penalties for violations of provisions of article
Any person violating any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than ...

Article 6A Special Ad Valorem Tax for Fire Protection.
Article 7 County Taxes and Assessments for Forest and Forest Fire Protection.

Division 1 Special Taxes for Forest Protection.

Section 9-13-160 "Forestland" defined
"Forestland" shall mean any land which supports a forest growth or which under prevailing natural and economic conditions may be expected to support such ...
Section 9-13-161 Special annual tax for forest protection — Authorized
For the purpose of receiving the financial and supervisory cooperation of the State Forestry Commission of the State of Alabama in forest protection, any ...
Section 9-13-162 Special annual tax for forest protection — Designation of forest protection areas
The State Forestry Commission is hereby empowered and directed to establish and designate such forest protection areas prior to the submission of the petition ...
Section 9-13-163 Special annual tax for forest protection — Assessment and levy of tax upon petition of freeholders in forest protection areas
For the purpose of receiving the financial and supervisory cooperation of the State Forestry Commission of the State of Alabama in forest protection, the ...
Section 9-13-164 Special annual tax for forest protection — Provision of list of landowners within forest protection areas
The State Forestry Commission is hereby empowered and directed to furnish to the county commission of the county in which it is proposed to ...
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
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 ...
Section 9-13-166 Special annual tax for forest protection — Collection, disposition and expenditure
The tax so assessed shall be collected as other taxes are collected and remitted to the state Treasurer and placed in a "Forest Protection ...
Section 9-13-167 Special annual tax for forest protection — Change or discontinuance of tax upon petition of freeholders or State Forestry Commission
The tax provided for in Section 9-13-161 shall remain the same from year to year, except that it may be changed or discontinued upon ...

Division 2 Assessments for Forest Fire Protection.

Section 9-13-180 "Forestlands" defined
"Forestlands" shall mean any lands which support a forest growth, which under prevailing natural and economic conditions may be expected to support such a ...
Section 9-13-181 Participation by county commissions in fire protection program of State Forestry Commission — Authorized
The county commission of any county in this state is authorized, when the need therefor exists, to provide in the manner specified in this ...
Section 9-13-182 Participation by county commissions in fire protection program of State Forestry Commission — Assessments against owners of forestlands for costs — Authorized; limitations
Any county commission which provides forest fire protection to the persons and property of its county by participating in the State Forestry Commission's fire ...
Section 9-13-183 Participation by county commissions in fire protection program of State Forestry Commission — Assessments against owners of forestlands for costs — Determination of need therefor; determination and establishment of amount
The need for special assessments to provide forest fire protection within the county shall be determined by the county commission after a public hearing ...
Section 9-13-184 Participation by county commissions in fire protection program of State Forestry Commission — Assessments against owners of forestlands for costs — Time and manner of payment; reports to tax assessors; lien on property for payment
Any assessment fixed as provided in Section 9-13-183 shall be payable at the same time and in the same manner as county taxes, and ...
Section 9-13-185 Participation by county commissions in fire protection program of State Forestry Commission — Assessments against owners of forestlands for costs — Disposition and expenditure
All moneys accruing to any county from the assessments as provided in this division shall be placed in the county treasury or depository, as ...
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
Any officer performing any duties relative to the assessing or collecting of assessments made pursuant to this division shall receive as compensation therefor the ...
Section 9-13-187 Participation by county commissions in fire protection program of State Forestry Commission — Assessments against owners of forestlands for costs — Removal
The county commission in any county where the assessment provided for in this division has been adopted may, upon its own motion, remove said ...

Article 7A State Assessment for Forest Fire Protection and Prevention.

Section 9-13-188 Legislative intent
The Legislature hereby declares that the threat of a spread of wildfire in our forest lands is a matter of major concern. The purpose ...
Section 9-13-189 Definitions
As used in this article, the following words shall have the meanings stated below, unless the context requires otherwise: (1) COMMISSION. The Alabama Forestry ...
Section 9-13-190 Administration; rules and regulations
The forestry and fire prevention program provided for in this article shall be administered by the Alabama Forestry Commission. The commission shall have the ...
Section 9-13-191 Finance charge, fee or assessment on forest land; disposition of proceeds
There is hereby levied in this state a finance charge, fee or assessment on forest land owned or leased by any person. Proceeds generated ...
Section 9-13-192 Manner of collection of charge, fee, or assessment; distribution
The charge, fee, or assessment will be levied and collected in the same manner as ad valorem taxes are levied and collected. All revenues ...
Section 9-13-193 Referendum; amount of assessment; payment and remission of assessment; notice of referendum
(a) The commission shall authorize a referendum among owners or lessees of forest land to determine whether an assessment shall be levied upon said ...
Section 9-13-194 Management of referendum
The arrangements for the place, time and management of any referendum held under this article shall be under the direction of the commission. The ...
Section 9-13-195 Referendum after failed referendum
In the event the referendum conducted under this article fails to receive the required number of affirmative votes, the commission may call another referendum ...
Section 9-13-196 Failure to pay assessment; penalty; lien on property
(a) An owner or lessee of forest land who fails to pay, upon reasonable notice, any assessment levied under this article shall, in addition ...
Section 9-13-197 Change in finance charge, fee or assessment
Any county may, by local legislation, increase the amount of the finance charge, fee or assessment provided for in this article, but is hereby ...
Section 9-13-198 Assessments, fees, etc., not a tax
Assessments, fees, or other charges collected as authorized under authority hereof shall not be considered as a tax within the meaning of the Constitution ...

Article 8 Southeastern Interstate Forest Fire Protection Compact.

Section 9-13-200 Authorized; form
The governor on behalf of this state is hereby authorized to execute a compact in substantially the following form with any one or more ...
Section 9-13-201 Payment of expenses of advisory committee in attending meetings
The expenses incurred by the advisory committee in attending meetings of the Southeastern Interstate Forest Fire Protection Compact shall be payable out of the ...

Article 9 Timber Theft Equipment Condemnation.

Section 9-13-220 Short title
This article shall be known as the Timber Theft Equipment Condemnation Act. ...
Section 9-13-221 Seizure of vehicle and equipment when timber or lumber stolen; delivery to district forester
It shall be the duty of any sheriff, policeman, forestry officer, or other peace officer or law enforcement officer in the State of Alabama, ...
Section 9-13-222 Report of seizure to district attorney; description of equipment; statement of circumstances
Within five days after the arrest of any person for violating any of such felony theft laws of the State of Alabama outlined in ...
Section 9-13-223 Report to district attorney after conviction of person for theft of timber or lumber
Within five days after the final conviction of any person for violating any of such felony theft laws of the State of Alabama, wherein ...
Section 9-13-224 Notice to creditors; institution of condemnation proceedings; legal title to equipment
At least 60 days prior to the institution of condemnation proceedings as herein provided, notice shall be given by the court to any creditor ...
Section 9-13-225 Forfeiture of equipment upon judgment; costs of proceedings; State Forester to keep records
When any judgment of condemnation or forfeiture is made in any case filed under the provisions of this section, the judge making such judgment ...
Section 9-13-226 Use of proceeds from sale of equipment; award and distribution determined by State Forester
In the event the seized items are sold, the proceeds from the sale shall be used, first, for payment of all proper expenses of ...
Section 9-13-227 Provisions cumulative
The provisions of this article are cumulative and should not be construed to repeal or supersede any laws not directly inconsistent herewith; provided, however, ...

Article 10 Ginseng Regulation.

Section 9-13-240 Findings and purpose
The Legislature has found that ginseng Panax quinquefolius L., is listed as endangered by the Convention on International Trade in Endangered Species of Wild ...
Section 9-13-241 Definitions
As used in this article, the following words shall have the meaning stated below, unless the context clearly requires otherwise: (1) BOARD. The State ...
Section 9-13-242 Collection of ginseng
(a) The season for the legal collection of ginseng shall be from September 1 through December 13 inclusive. Collection of ginseng outside of this ...
Section 9-13-243 Registration of ginseng dealers, growers and collectors
Ginseng dealers, collectors and growers shall register annually with the department on forms provided by the department on or before August 1 of each ...
Section 9-13-244 Record keeping requirements
(a) Ginseng dealers shall keep records on forms provided by the department of all ginseng purchases and sales. These records will include date of ...
Section 9-13-245 Exportation of ginseng from Alabama
(a) Any person who has ginseng in any quantity and wishes to export any amount out of the state may obtain an export permit ...
Section 9-13-246 Promulgation of rules and regulations
The commissioner is empowered with the approval of the board to promulgate such rules and regulations as are reasonable and necessary to accomplish the ...
Section 9-13-247 Monitoring program conducted
The commissioner shall conduct or cause to be conducted a monitoring program of sufficient depth and scope so as to insure that wild ginseng ...
Section 9-13-248 Right of entry
The commissioner shall have power to enter into or upon any place and to open any bundle, package or other container containing or thought ...
Section 9-13-249 Refusal or recall of permits, etc
(a) The commissioner shall have the power to refuse to issue a permit or certificate or to recall any permit or certificate already issued ...
Section 9-13-250 Violations
(a) Any person who shall violate any provision or requirement of this article or of regulations promulgated hereto or of any notice or order ...

Article 11 Prescribed Burning.

Section 9-13-270 Short title
This article may be cited as the "Alabama Prescribed Burning Act." ...
Section 9-13-271 Legislative findings
(a) The Legislature hereby finds and declares that the application of prescribed burning is a landowner property right and a land management tool that ...
Section 9-13-272 Definitions
As used in this article, the following words shall have the following meanings: (1) CERTIFIED PRESCRIBED BURN MANAGER. An individual who successfully completes a ...
Section 9-13-273 Liability for damage caused by fire; requirements; rules and guidelines; fees for certification or training
(a) No property owner or his or her agent, conducting a prescribed burn in compliance with this article, shall be liable for damage or ...
Section 9-13-274 No certification as prescribed burn manager required in certain circumstances
Nothing in this article shall be construed as requiring certification as a prescribed burn manager in order to conduct burning operations on one's own ...