Code of Alabama
Title 23 - Highways, Roads, Bridges and Ferries.

Section 23-1-3 - Closing of Public Roads to Traffic; Acquisition of Materials. - The state, acting through the State Department of Transportation and...

Section 23-1-4 - Permit Required to Dig Up, etc., Roads for Utilities, Railroads, etc.; Restoration of Road Required Upon Completion of Work; Bond, etc., to Guarantee Restoration. - No state-controlled road shall be dug up or used for...

Section 23-1-5 - Payment of Costs of Relocation of Utility Facilities Necessitated by Construction of Highways. - (a) Whenever the Director of Transportation shall determine and order...

Section 23-1-6 - Signs, Markers, and Advertising - on Rights-of-Way. - Signs, markers, and advertising on the rights-of-way of state controlled...

Section 23-1-7 - Signs, Markers, and Advertising - Tourist Attractions. - (a) Upon the request of the Director of the Bureau...

Section 23-1-8 - Numbers and Names of Highways. - All highways built or maintained by and through federal or...

Section 23-1-8.1 - Expenditure of State Funds for Erection and Maintenance of Signs Designating Roads, Bridges, etc., in Honor or Memory of Individuals. - After September 1, 1979, no state funds shall be expended...

Section 23-1-9 - Elimination of Railroad Grade Crossings. - Whenever the funds of the state are being expended for...

Section 23-1-10 - "Blue Reflective Markers" and "Fire/water Hydrant" Defined; Purpose and Installation of Blue Reflective Markers. - (a) For purposes of this section, the following words and...

Article 2 - Department of Transportation.

Section 23-1-20 - Creation. - There shall be a State Department of Transportation. Notwithstanding any...

Section 23-1-21 - Director of Transportation. - The chief executive officer of the State Department of Transportation...

Section 23-1-21.1 - Definitions. - The following terms, whenever used or referred to in this...

Section 23-1-21.2 - Authority of Director With Regard to Public Transportation. - The director, acting alone or through, and in cooperation with...

Section 23-1-21.3 - Cooperation With Federal, State and Local Entities in Administration of Public Transportation Programs. - The director is authorized to administer any public transportation program...

Section 23-1-21.4 - Deputy Directors. - (a) The Director of Transportation may appoint up to three...

Section 23-1-22 - Chief Engineer - Office Created; Appointment, Salary, Expenses, and Bond; Applicability of Merit System. - (a) There is hereby created within the State Department of...

Section 23-1-23 - Chief Engineer - Qualifications. - The chief engineer shall be a licensed professional engineer in...

Section 23-1-24 - Chief Engineer - Duties. - The chief engineer of the State Department of Transportation shall...

Section 23-1-25 - Legal Division - Creation; Appointment of Chief Counsel. - There is hereby established and created in the State Department...

Section 23-1-26 - Legal Division - Appointment of Assistant Counsel; Chief and Assistant Counsel to Be Commissioned and Take Oath as Assistant Attorneys General. - The Director of Transportation, with the approval of the Attorney...

Section 23-1-27 - Legal Division - Salaries. - The salaries of the chief counsel and assistant counsel shall...

Section 23-1-28 - Legal Division - Offices, etc.; Expenses. - The chief counsel and the assistant counsel shall be furnished...

Section 23-1-29 - Legal Division - Charging of Salaries and Expenses. - The salaries of the chief counsel, assistant counsel, stenographic and...

Section 23-1-30 - Legal Division - Functions and Duties. - The functions and duties of the legal division of the...

Section 23-1-31 - Legal Division - Private Practice Prohibited. - The chief counsel and assistant counsel shall devote their full...

Section 23-1-32 - Offices; Director Full-Time Position. - The State Department of Transportation shall be provided with suitable...

Section 23-1-33 - Official Records of Department; Appointment of Assistants and Personnel. - The State Department of Transportation shall keep an official record...

Section 23-1-34 - Copies of Plans and Specifications to Be Kept; Files and Records Open to Public Inspection; Records as Evidence. - The State Department of Transportation shall keep on file in...

Section 23-1-35 - Annual Report to Governor. - On or before April 1 in each year, the State...

Section 23-1-36 - Employees Used on Transferred County Roads and Bridges. - Whenever responsibility for the construction, maintenance, and repair of county...

Section 23-1-37 - Use of Convict Labor. - The State Department of Transportation may work convicts in the...

Section 23-1-38 - Paying Expenses of Nonemployees Prohibited. - Any officer or employee of the State Department of Transportation...

Section 23-1-39 - Seal; Power to Administer Oaths, Etc. - The State Department of Transportation shall have a seal and...

Section 23-1-40 - Duties and Powers Generally. - (a) It shall be the duty of the Department of...

Section 23-1-41 - Self-Insurance Program for Department Employees. - (a) The State Department of Transportation is authorized and empowered...

Section 23-1-42 - Roads, etc., Located on State Institutions. - (a) The roads and streets, drives, and parking areas located...

Section 23-1-43 - State Agricultural Experiment Station Roads. - The State Department of Transportation shall construct, repair, and maintain...

Section 23-1-44 - Right of Entry for Purpose of Making Surveys and Taking Soil Samples. - (a) All officers and employees of the State Department of...

Section 23-1-45 - Acquisition of Rights-of-Way. - Any other provision of law to the contrary notwithstanding, the...

Section 23-1-46 - Changes or Additions to State Road System. - The State Department of Transportation shall have full authority to...

Section 23-1-47 - Authority to Maintain, etc., City and Town Streets and Roads. - (a) It is hereby declared by the Legislature of Alabama...

Section 23-1-48 - Application by Counties for Construction or Maintenance of State Road or Bridge. - Whenever a county commission shall desire that a state road...

Section 23-1-49 - Furnishing of Competent Engineers. - The State Department of Transportation shall furnish a competent engineer,...

Section 23-1-50 - Authority to Procure Equipment; Payment of Expenses. - Subject to the provisions of Chapter 4, Title 41, the...

Section 23-1-50.1 - Road Machinery and Equipment Management Program; Equipment Management Surplus Reserve Account. - (a) It is the intent of the Legislature to give...

Section 23-1-51 - Purchase of Motor Fuels, Oils, Greases, and Lubricants. - (a) All motor fuels, oils, greases, and lubricants bought by...

Section 23-1-52 - License Exemption for Vehicles of Department. - Motor vehicles used by the State Department of Transportation, its...

Section 23-1-53 - Contracts to Do Work - Authority. - The State Department of Transportation may enter into contracts with...

Section 23-1-54 - Contracts to Do Work - How Drawn and Approved. - Every contract for road or bridge construction, repair, or maintenance...

Section 23-1-55 - Contracts to Do Work - Preconditions. - No contracts for construction, repair, or renewals of highways, bridges,...

Section 23-1-56 - Contracts to Do Work - Qualification of Bidders. - (a) Prequalifications of contractors. The Director of Transportation shall require...

Section 23-1-57 - Agreements and Contracts With Adjoining States and Federal Government Relative to Bridges. - The State Department of Transportation may enter into agreements and...

Section 23-1-58 - Interest of Employees, etc., in Construction, etc., of Roads and Bridges Prohibited. - Neither the director nor any other person in the employ...

Section 23-1-59 - Rules and Regulations of Department. - (a) The State Department of Transportation shall have the right...

Section 23-1-60 - Authority of Director of Transportation to Alter Plans or Character of Work, Determine Need for Extra Work, Make Supplemental Agreements, Etc. - The following implementation of the provisions of the State Department...

Section 23-1-61 - State Highway Fund - Appropriations; Vehicle License Fees Deposited in Fund; Manner of Making Payments From Fund. - There is hereby appropriated to the State Department of Transportation...

Section 23-1-62 - State Highway Fund - Purposes for Which Used. - (a) All proceeds arising from the sale of state highway...

Section 23-1-63 - Limitation of Obligations, etc., Outstanding or Authorized on Inauguration Date of Incoming Governor. - The Director of Transportation shall not, on the inauguration date...

Section 23-1-64 - Disposal of Surplus Personal Property - Department to Be Responsible for Disposal; Sale at Fair Market Value and Payment; Preferences; Notification by Municipalities and Counties. - (a) Notwithstanding the provisions of Sections 41-16-120 to 41-16-125, inclusive,...

Section 23-1-65 - Disposal of Surplus Personal Property - Availability; List of Surplus Property. - (a) Surplus personal property shall be made available at such...

Section 23-1-66 - Disposal of Surplus Personal Property - Sale Procedures. - (a) This section shall apply only to the property which...

Article 3 - Public Roads, Bridges and Ferries.

Section 23-1-80 - County Commissions - Powers and Duties Generally. - The county commissions of the several counties of this state...

Section 23-1-80.1 - County Commissions - Use of County Roads in Conducting Timber Operations. - (a) A county commission, by ordinance or resolution, may require...

Section 23-1-81 - County Commissions - Authority to Establish, Operate, etc., Bridges, Ferries, Causeways, etc.; Licensing. - (a) The county commission of each county is invested with...

Section 23-1-82 - County Commissions - Eminent Domain. - The county commissions of the several counties of the state...

Section 23-1-83 - Transfer of General Fund Surplus to Road Fund by County. - The county commission of any county in this state may...

Section 23-1-84 - Authority of County to Expend Funds Derived From Fees, etc., Levied on Vehicles and Fuels. - (a) The several counties of the state are hereby authorized...

Section 23-1-85 - Construction of Electric Transmission, Telegraph, or Telephone Lines in Right-of-Way of County Highways. - The right-of-way is granted to any person or corporation having...

Section 23-1-86 - Establishment, etc., Within Municipalities. - The county commission of any county, with the consent or...

Section 23-1-87 - Expense of Building County Line Bridges, Ferries, or Causeways. - Whenever a bridge, ferry, or causeway is necessary on the...

Section 23-1-88 - Facilities Between Adjoining Counties - Authority of Counties to Build, Establish, Etc. - Adjoining counties may purchase, establish, build, maintain, and operate bridges...

Section 23-1-89 - Facilities Between Adjoining Counties - Extension of Aid by Other Counties. - The county commission of any county in the state that...

Section 23-1-90 - Extension of Aid by Municipalities. - The governing authority of any municipality that would be benefited...

Section 23-1-91 - Aid for Development of Access Roads or Bridges to Certain Facilities by Contiguous Counties or Municipalities. - The county commission of any county or governing body of...

Section 23-1-92 - Advertisement for Contract Bids - Requirement. - No contract where the estimated cost of the work will...

Section 23-1-93 - Advertisement for Contract Bids - Exceptions. - In the event of the destruction of a bridge, or...

Section 23-1-94 - Construction of Article Not to Conflict With Local or Special Laws. - Nothing in this article shall be construed to authorize the...

Section 23-1-95 - Violation of Rules, etc., Enacted by County Commissions. - No person shall violate any rule, regulation, or law which...

Article 3A - Roads and Bridges in Captive Counties.

Section 23-1-100 - "Captive County" Defined. - Unless different meanings are expressly specified in subsequent provisions of...

Section 23-1-101 - Powers and Duties of County Commissions of Captive Counties as to Construction, Repair, and Maintenance of County Roads and Bridges Generally. - The county commission of each of the captive counties shall...

Section 23-1-102 - Transfer to Counties of Unexpended Funds Maintained by State Department of Transportation; Payment to Counties of Tax Proceeds, Federal Aid Accruals, Etc. - Any unexpended moneys remaining in the fund required by law...

Section 23-1-103 - Transfer to Counties by State Department of Transportation of Facilities and Properties for Construction, Repair, and Maintenance of Roads; Resolution of Disputes as to Transfers. - The State Department of Transportation shall transfer and turn over...

Section 23-1-104 - Furnishing of Counties With Lists of Persons Employed by State Department of Transportation Therein; Employment by Counties of Persons on Lists; Employment Status of Other Persons Employed by Department in Counties; Liability for A... - The State Department of Transportation shall furnish a list to...

Section 23-1-105 - Effect of Article Upon Contracts for Construction, Repair and Maintenance of County Roads and Bridges Entered Into by State Department of Transportation. - Any contract for the construction, repair, and maintenance of county...

Section 23-1-106 - Effect of Article Upon Outstanding Financial Obligations Incurred by Counties; Disposition of Funds Received by State From Counties for Road and Bridge Work Therein. - All outstanding financial obligations which were incurred prior to the...

Section 23-1-107 - Effective Date. - This article after its passage and approval by the Governor,...

Article 4 - Municipal Connecting Link Roads.

Section 23-1-110 - Purpose of Article. - It is hereby declared by the Legislature of Alabama that...

Section 23-1-111 - Designation. - The State Department of Transportation, hereinafter referred to as the...

Section 23-1-112 - Maintenance and Repair - Responsibility. - The department is hereby authorized, empowered, directed, and required to...

Section 23-1-113 - Maintenance and Repair - Stipulations and Conditions. - The following stipulations and conditions shall obtain as to state...

Article 5 - Private Roads.

Section 23-1-130 - Establishment. - Private roads may be established by the county commission on...

Section 23-1-131 - Proceedings; Limitations as to Location; Damages. - In establishing a private road, the same rules must be...

Article 6 - Alabama Highway Authority.

Section 23-1-150 - Purpose and Construction of Article. - It is the intention of the Legislature by the passage...

Section 23-1-151 - Incorporation - Authorization. - The Director of Finance, the Director of Transportation, the Attorney...

Section 23-1-152 - Incorporation - Application. - To become a corporation, the Director of Finance, the Director...

Section 23-1-153 - Incorporation - Certificate. - When the application has been made, filed and recorded as...

Section 23-1-154 - Members, Officers and Directors; Quorum; Vacancies; Compensation; Record of Proceedings. - The Governor shall be the president of the corporation, the...

Section 23-1-155 - Powers. - The corporation shall have all of the following powers: (1)...

Section 23-1-156 - Contracts; Conveyance of Property to State. - All contracts of the corporation for the construction, reconstruction and...

Section 23-1-157 - Bonds - Generally. - (a) The bonds of the corporation shall be signed by...

Section 23-1-158 - Bonds - Disposition of Proceeds. - (a) The proceeds of all bonds, other than refunding bonds,...

Section 23-1-159 - Bonds - Payments by State Treasurer. - Out of the revenues appropriated and pledged for such purpose,...

Section 23-1-160 - Dissolution. - At any time when no securities of any kind of...

Article 7 - Alabama Highway Finance Corporation.

Section 23-1-170 - Purpose and Construction of Article. - It is the intention of the Legislature by the passage...

Section 23-1-171 - Incorporation - Authorization. - The Director of Transportation, the Attorney General and the Director...

Section 23-1-172 - Incorporation - Application. - To become a corporation, the Director of Transportation, the Attorney...

Section 23-1-173 - Incorporation - Certificate. - When the application has been made, filed and recorded, as...

Section 23-1-174 - Composition; Vacancies; Compensation; Records. - The members of the corporation shall consist of the Governor,...

Section 23-1-175 - Powers. - The corporation shall have the following powers: (1) To have...

Section 23-1-175.1 - Infrastructure Improvements. - (a) In order to accomplish infrastructure improvements contemplated for the...

Section 23-1-176 - Contracts; Conveyance of Property to State. - All contracts of the corporation for the construction, reconstruction and...

Section 23-1-177 - Bonds - Generally. - (a) The bonds of the corporation shall be signed by...

Section 23-1-178 - Bonds - Disposition of Proceeds. - (a) The proceeds of all bonds, other than refunding bonds,...

Section 23-1-179 - Bonds - Payments by State Treasurer. - Out of the revenues appropriated and pledged for such purpose,...

Section 23-1-180 - Dissolution. - At any time when no bonds of the corporation are...

Section 23-1-181 - Appropriations and Pledges of Revenue for Payment of Principal and Interest on Bonds; Sinking Fund. - (a) Where used in this section the following words and...

Section 23-1-182 - Diversity Requirement. - All persons and entities awarded a contract or employed pursuant...

Article 8A - Relocation Assistance.

Section 23-1-210 - Authorization to Provide Relocation Assistance. - When any department, agency, or instrumentality of the state, or...

Section 23-1-211 - Payments. - Any payment made or to be made under the authority...

Section 23-1-212 - Authority of Director of Transportation. - The Director of the State Department of Transportation is hereby...

Article 9 - Highway Beautification.

Division 1 - Scenic Enhancement.

Section 23-1-220 - Short Title. - This division may be cited as the "Highway Beautification Act...

Section 23-1-221 - Purpose of Division. - The purpose of this division is to promote the safety,...

Section 23-1-222 - Authority of Director of Transportation to Acquire Land. - The Director of Transportation is hereby authorized to acquire land...

Section 23-1-223 - Interest in Acquired Land; Manner of Acquisition. - The interest in any land authorized to be acquired and...

Division 2 - Junkyard Control.

Section 23-1-240 - Short Title. - This division may be cited as the "Highway Beautification Act...

Section 23-1-241 - Definitions. - For the purposes of this division, the following terms shall...

Section 23-1-242 - Declaration of Policy. - The regulation of junkyards in areas adjacent to any state...

Section 23-1-243 - License - Required. - No person shall establish, operate, or maintain a junkyard, any...

Section 23-1-244 - License - Issuance, Revocation, and Renewal; Fees. - The director shall have the sole authority to issue licenses...

Section 23-1-245 - License - Conditions. - No license shall be granted for the establishment, maintenance, or...

Section 23-1-246 - Screening - Existing Junkyards. - Any junkyard lawfully in existence on September 8, 1971, which...

Section 23-1-247 - Screening - Rules and Regulations. - The director shall have the authority to promulgate rules and...

Section 23-1-248 - Authority of Director - Acquisition of Land. - (a) When the director determines that the topography of the...

Section 23-1-249 - Authority of Director - Regulations; Agreements With United States Department of Transportation. - The director may: (1) Promulgate regulations he deems necessary to...

Section 23-1-250 - Penalty for Violation of Division; Abatement of Nuisances. - The establishment, operation, or maintenance of any junkyard contrary to...

Section 23-1-251 - Construction of Division. - Nothing in this division shall be construed to abrogate or...

Division 3 - Outdoor Advertising.

Section 23-1-270 - Short Title. - This division shall be known as and may be cited...

Section 23-1-271 - Definitions. - For the purposes of this division, unless otherwise indicated, the...

Section 23-1-272 - Declaration of Policy. - The Legislature hereby finds and declares: (1) That outdoor advertising...

Section 23-1-273 - Erection or Maintenance of Signs - Prohibited in Adjacent Areas; Exceptions. - No sign shall, subject to the provisions of Section 23-1-274,...

Section 23-1-274 - Erection or Maintenance of Signs - Controls; Criteria. - The director shall effectively control, or cause to be controlled,...

Section 23-1-275 - Erection or Maintenance of Signs - Permits; Identification Tags or Decals. - (a) No sign permitted by the provisions of Section 23-1-274...

Section 23-1-276 - Erection or Maintenance of Signs - Name and Address of Owner and Date of Erection to Appear on Signs, Etc. - Each sign or structure regulated by this division shall have...

Section 23-1-277 - Erection or Maintenance of Signs - Exceptions to Sections 23-1-275 and 23-1-276. - The provisions of Sections 23-1-275 and 23-1-276 shall not be...

Section 23-1-278 - Enforcement of Division Generally. - (a) Any sign erected or maintained in an adjacent area...

Section 23-1-279 - Nonconforming Signs - Removal and Payment of Compensation Generally. - (a) Signs outside of business areas which are lawfully in...

Section 23-1-280 - Nonconforming Signs - Just Compensation to Be Paid Upon Removal of Signs. - Just compensation shall be paid by the removing authority upon...

Section 23-1-281 - Nonconforming Signs - Just Compensation - for What Paid. - The just compensation required by the provisions of Section 23-1-280...

Section 23-1-282 - Nonconforming Signs - Just Compensation - to Whom Paid; Agreements; Civil Actions. - (a) Compensation required under the provisions of Sections 23-1-280 and...

Section 23-1-283 - Nonconforming Signs - Just Compensation - Sufficient Federal Funds Required. - Despite any contrary provisions in this division, no sign shall...

Section 23-1-284 - Agreement With United States Secretary of Transportation. - The director, on behalf of the state, is authorized and...

Section 23-1-285 - Director Authorized to Accept Federal Funds. - The director may accept any allotment of funds by the...

Section 23-1-286 - Rules and Regulations. - The Director of Transportation is hereby authorized to adopt such...

Section 23-1-287 - Disposition of Fees. - All fees collected for the issuance of permits provided for...

Section 23-1-288 - Penalty for Violation of Division, Etc. - Whoever erects or maintains a sign in violation of the...

Article 9A - Alabama Scenic Byways Program.

Section 23-1-290 - Short Title. - This article shall be known as "Alabama the Beautiful Act."

Section 23-1-291 - Legislative Findings. - The Legislature finds that certain portions of the state highway...

Section 23-1-292 - Program Established. - The Alabama Scenic Byways program is hereby established through a...

Section 23-1-293 - Designating Committee. - (a) The Designating Committee shall consist of a state legislator...

Section 23-1-294 - Advisory Council. - (a) The Advisory Council shall consist of a member of...

Section 23-1-295 - Nomination of Potential Scenic Byways. - The Advisory Council shall evaluate initial applications. Local governments in...

Article 10 - Federal Aid Highway Finance Authority.

Section 23-1-300 - Purpose and Construction of Article. - (a) It is the intention of the Legislature by the...

Section 23-1-301 - Definitions. - When used in this article, the following words and phrases...

Section 23-1-302 - Incorporation - Authorization. - The Director of Finance, the Director of Transportation, the Attorney...

Section 23-1-303 - Incorporation - Application. - (a) To become a corporation, the Director of Finance, the...

Section 23-1-304 - Incorporation - Certificate. - (a) When the application has been made, filed and recorded...

Section 23-1-305 - Corporation - Generally. - (a) The members of the corporation shall be the Governor,...

Section 23-1-306 - Corporation - Powers. - The corporation shall have the following powers: (1) To have...

Section 23-1-307 - Bonds and Notes - Authorization for Issuance. - The authority shall have the power and is hereby authorized...

Section 23-1-308 - Bonds and Notes - Form, Denominations, Terms, Redemption, Etc. - Any obligations authorized by this article shall be in such...

Section 23-1-309 - Bonds and Notes - Execution. - The obligations authorized by this article shall be signed by...

Section 23-1-310 - Bonds and Notes - Issuance and Sale Generally. - Obligations of the authority may be sold at either public...

Section 23-1-311 - Bonds and Notes - Source of Funds; Pledge of Funds for Payment of Principal and Interest Thereon; Negotiability. - (a) The obligations authorized by this article shall not be...

Section 23-1-312 - Bonds and Notes - Exemption From Taxation; Use as Security for Deposits; Eligibility as Investment for Fiduciary Funds. - (a) Any obligations authorized by this article and the income...

Section 23-1-313 - Bonds and Notes - Disposition of Proceeds From Sale. - The authority shall pay out of the proceeds from the...

Section 23-1-314 - Bonds and Notes - Payment Generally. - THIS SECTION WAS AMENDED BY ACT 2022-122 IN THE 2022...

Section 23-1-315 - Investment of Funds; Pledge of Interest From Investments. - Any funds held as the proceeds of obligations issued by...

Section 23-1-316 - Payment by State Treasurer of Principal and Interest on Bonds and Notes; Maintenance of Records Pertaining Thereto. - Out of the revenues appropriated and pledged and the sinking...

Section 23-1-317 - Expenditure of Proceeds; Contracts; Rules and Regulations; Conveyance of Property. - (a) If such action shall be necessary in order to...

Section 23-1-318 - Dissolution. - At any time when no securities of any kind of...

Article 11 - Rural Access Program.

Section 23-1-330 - Short Title. - This article shall be known as the Rural Access Program...

Section 23-1-331 - Definitions. - Where used in this article, the following words shall have...

Section 23-1-332 - Creation; Revenue Sources; Allocation of Revenue; Use of Funds; Funds to Be Matched; Obligation Limitations; Role of Department; Unobligated Funds. - (a) There is created within the state a program to...

Section 23-1-333 - County to Maintain Roads Constructed With Funds. - Any county road constructed with Rural Access Program funds under...

Article 12 - Regulations of Aeronautics, Aircraft, and Airports Generally.

Section 23-1-350 - Purpose of Article. - It is the purpose of this article to facilitate the...

Section 23-1-351 - Transfer of Property, Funds, Authority, and Jurisdiction to the State Department of Transportation. - All matters of any nature whatsoever which have heretofore come...

Section 23-1-352 - Definitions. - For the purpose of the laws of this state relating...

Section 23-1-353 - Transfer of Personnel. - The current Director of the Alabama Department of Aeronautics shall...

Section 23-1-354 - Aeronautics Commission - Composition; Qualifications; Appointment; Terms of Office; Compensation; Removal. - The Alabama Aeronautics Commission, previously created pursuant to Section 4-2-30,...

Section 23-1-355 - Aeronautics Commission - Responsibilities. - The commission shall serve in an advisory capacity to the...

Section 23-1-356 - Aeronautics Commission - Meetings; Election of Officers. - (a) The commission shall hold a regular annual meeting on...

Section 23-1-357 - Department - General Supervision Over Aeronautics; Cooperation With Federal Government and Political Subdivisions of the State; Promulgation of Rules and Regulations. - (a) The department shall have general supervision over all phases...

Section 23-1-358 - Director - Powers and Duties Generally. - In addition to all other responsibilities prescribed for the department...

Section 23-1-359 - Authority and Procedure for Adoption of Rules and Regulations. - (a) The department may adopt all reasonable and necessary rules...

Section 23-1-360 - Financial and Technical Assistance to Municipalities in Connection With Acquisition, Construction of Airports, Landing Fields, or Other Navigational Facilities. - The department pursuant to appropriations made for aeronautics and aeronautical...

Section 23-1-361 - Authority to Accept and Receive Federal Funds for State Acquisition, Construction, etc., of Airports and Other Navigational Facilities; Authority to Act as Agent of Municipalities for Same Purpose; Terms and Conditions for Disburse... - (a) The department may accept, receive, and receipt for federal...

Section 23-1-362 - Authority to Audit Financial Records of Municipality, County, and Airport Authority Receiving Funds. - The department may audit the financial records of any municipality,...

Section 23-1-363 - Authority to Receive Grants, Donations, Loans, etc., Disposition of Same for General Promotion, Advancement, of Aeronautics. - The department may receive grants, donations, gifts, and loans of...

Section 23-1-364 - State Airports Development Fund. - A fund known as the State Airports Development Fund is...

Section 23-1-365 - Disposition and Disbursement of State Airports Development Fund and Other Funds. - All monies deposited into the State Airports Development Fund shall...

Section 23-1-366 - Disbursement of State Appropriated Funds; Exception as to Funds Deposited in Surplus Military Fields Fund. - (a) The distributions, expenditures, withdrawals, and disbursements of any state...

Section 23-1-367 - Enforcement of Aeronautics Law; Enforcement Powers Generally. - It shall be the duty of the director, and every...

Section 23-1-368 - Investigations; Administration of Oaths; Subpoena of Witnesses; Enforcement of Subpoena. - The director may conduct investigations and hold inquiries relating to...

Section 23-1-369 - Reports of Investigations; Limitations on Use; Prohibitions Against Compulsion of Testimony. - Notwithstanding any other provision of law to the contrary, in...

Section 23-1-370 - Intervention in Certain Controversies. - The department may participate as a party plaintiff or defendant,...

Section 23-1-371 - Formulation, Adoption, of Aircraft Approach Plans; Airspace Reservations. - (a) The Legislature finds that an airport hazard endangers the...

Section 23-1-372 - Approval of Sites and Licensing of Airports. - (a) The Legislature finds that airports, restricted landing areas, and...

Section 23-1-373 - Certificate of Approval or License for Airport, Landing Field - Standards for Issuance. - In determining whether to issue a certificate of approval or...

Section 23-1-374 - Revocation, Refusal to Issue or Renew License; Procedure for Review Under the Alabama Administrative Procedure Act. - In any case where the director refuses to issue a...

Section 23-1-375 - Operation of Airport, Landing Field, Without License Prohibited; Application for Certificate of Approval of Proposed Airport or Landing Field; Limitation of Operations Conducted on Licensed Airport. - (a) Except as otherwise provided in this article, a person...

Section 23-1-376 - Authority to Conduct Public Hearings in Considering Application for Approval of Airport. - The director may conduct public hearings for the purpose of...

Section 23-1-377 - Exceptions. - (1) PERSONAL USE. Sections 23-1-371, 23-1-372, 23-1-373, 23-1-375, 23-1-376, and...

Section 23-1-378 - Acquisition, Construction, Operation of Airports, Facilities, Power of Condemnation Generally. - (a) The department may on behalf of and in the...

Section 23-1-379 - Acquisition of Easements and Other Airport Protection Privileges. - Where necessary, in order to provide unobstructed airspace for the...

Section 23-1-380 - Exercise of Power of Eminent Domain. - For purposes of acquiring any property, the department may exercise...

Section 23-1-381 - Lease of Property, Airports or Space, Improvements, for Aeronautical Purposes; Airport Concessions. - The department may lease for operation for a term not...

Section 23-1-382 - Possession, Display, of Federal License, Certificate, Rating, or Permit; Exceptions. - (a) The federal license, certificate, rating, or permit required to...

Section 23-1-383 - Jurisdiction of Crimes and Torts; State, Municipal, Immunity From Liability. - All crimes, torts, and other wrongs committed by or against...

Section 23-1-384 - Contracts Made During Flight. - All contractual and other legal relations entered into by pilots...

Section 23-1-385 - Domestic Animals or Fowl on Airports. - An owner or keeper of any domestic animal or fowl...

Section 23-1-386 - Trespass Upon and Operation of Vehicles on Airports. - (a) A person may not trespass upon the area within...

Section 23-1-387 - Use of Aircraft for Hunting, Prohibited. - A person may not hunt, pursue, harass, wound, kill, or...

Section 23-1-388 - Reckless Operation of Aircraft. - A person who operates any aircraft within the airspace over,...

Section 23-1-389 - Unauthorized Use, Possession, etc., of Aircraft. - A person who willfully and without authority takes possession of...

Section 23-1-390 - Penalties for Violation of This Article. - Except as herein otherwise provided, any person subject to this...

Section 23-1-391 - Effective Date of Transfer of Balances, Funds. - All contractual rights, obligations of, and unexpended balances of appropriations...

Article 13 - Airport Airspace Safety Act of 2009.

Section 23-1-410 - Short Title. - This article shall be known as the Airport Airspace Safety...

Section 23-1-411 - Definitions. - As used in this article, the following terms have the...

Section 23-1-412 - Airport Hazards - Permits for Construction, Alteration, etc.; Removal, Modification, etc.. - (a) In order to prevent airport hazards, a person shall...

Section 23-1-413 - Permit Procedures. - (a) The department shall establish procedures for submitting applications and...

Section 23-1-414 - Zoning Laws or Ordinances Control. - (a) In the event of conflict between the requirements of...

Section 23-1-415 - Enforcement. - The department may institute, in any court of competent jurisdiction,...

Section 23-1-416 - Valuation of Property Acquired for Airport Expansion. - For the purpose of acquiring property for the expansion of...

Section 23-1-417 - Severability. - Should any portion of this article be declared unconstitutional, void,...

Article 14 - Alabama Transportation Safety Fund.

Section 23-1-430 - Definitions. (This Section Terminates April 26, 2018, if No Revenue Is created.) - As used in this article, the following words have the...

Section 23-1-431 - (This Section Terminates April 26, 2018, if No Revenue Is created.) Alabama Transportation Safety Fund. - There is hereby created the Alabama Transportation Safety Fund in...

Section 23-1-432 - (This Section Terminates April 26, 2018, if No Revenue Is created.) Use of Funds by Department; Reporting Requirements. - (a) The monies allocated to the department from the fund...

Section 23-1-433 - (This Section Terminates April 26, 2018, if No Revenue Is created.) Use of Funds by County; Transportation Safety Fund Plan; Annual Report. - (a) Except for monies allocated pursuant to subdivisions (1) and...

Section 23-1-434 - (This Section Terminates April 26, 2018, if No Revenue Is created.) Use of Funds by Municipality; Municipal Transportation Safety Fund Plan; Annual Report. - (a) The monies distributed to a municipality from the fund...

Section 23-1-435 - (This Section Terminates April 26, 2018, if No Revenue Is created.) Alabama Transportation Rehabilitation and Improvement Program Committee. - (a) There is hereby created the Alabama Transportation Rehabilitation and...

Section 23-1-436 - (This Section Terminates April 26, 2018, if No Revenue Is created.) Termination of Article. - The provisions of this article shall automatically terminate two years...

Chapter 2 - Toll Roads, Bridges and Ferries.

Article 4 - Toll Tunnels and Bridges Designated as Parts of Interstate Highway System.

Section 23-2-120 - Maintenance of Tolls; Prohibition Against Further Bonded Indebtedness. - Repealed by Act 2009-769, §1, effective May 22, 2009.

Section 23-2-121 - When Newly Constructed Tunnel or Bridge Deemed Part of Existing Facility. - Repealed by Act 2009-769, p. 2364, §1, effective May 22,...

Section 23-2-122 - Toll Facilities to Be Operated as Free Facilities After Payment of Outstanding Indebtedness. - Repealed by Act 2009-769, p. 2364, §1, effective May 22,...

Article 5 - Alabama Toll Road, Bridge and Tunnel Authority.

Section 23-2-140 - Short Title. - This article shall be known, and may be cited, as...

Section 23-2-141 - Intent and Purpose of Article. - The purpose of this article is to facilitate vehicular traffic...

Section 23-2-142 - Definitions. - As used in this article, the following words and terms...

Section 23-2-143 - Authority Established; Composition; Meetings; Fidelity Bonds; Compensation. - (a) There is hereby established a body corporate and politic...

Section 23-2-144 - Powers of the Authority. - (a) The authority shall have the following powers: (1) To...

Section 23-2-145 - Advertisement for Construction Bids; Award of Contract; Work Done by Force Account; Further Considerations by the Authority. - (a) Before construction is started on any project, the authority...

Section 23-2-146 - Grade Separations at Intersections; Relocation of Public Highways; Authority to Enter Private Lands to Drill, Survey, etc.; Relocation, etc., of Public Utility Facilities; Procedures; Costs. - (a) The authority shall have power to construct grade separations...

Section 23-2-147 - Bonds; Issuance; Forms; Procedures, Etc. - (a) The authority is hereby authorized to provide by resolution...

Section 23-2-148 - Refunding Bonds; Purposes. - The authority may provide by resolution for the issuance of...

Section 23-2-149 - Trust Agreements Securing Bond Issues; Authorized Provisions Protecting Holders; Pledge of Revenues. - In the discretion of the authority, any bonds issued under...

Section 23-2-150 - Authority to Collect Tolls, Revenues, etc.; to Lease to Utilities; Toll Rates Adjusted to Conform to Trust Agreement. - The authority is hereby authorized to fix, revise, charge, and...

Section 23-2-151 - Revenues Deemed Trust Funds; Depository Deemed Trustee. - All moneys received pursuant to the authority of this article,...

Section 23-2-152 - Bondholder's and Trustee's Rights of Enforcement; Scope of Rights. - Any holder of bonds issued under the provisions of this...

Section 23-2-153 - Exemptions From Levy, Charge, Assessment, Collection, etc., of Certain Taxes; Certificate of Exemption. - (a) The exercise of the powers granted by this article...

Section 23-2-154 - Bonds Legal Investments for All Purposes; Entitled to Be Deposited With State Officers or Agencies. - Bonds issued by the authority under the provisions of this...

Section 23-2-155 - Authority to Maintain Own Toll Roads, Bridges, and Tunnels. - Each toll road, bridge and tunnel project when constructed and...

Section 23-2-156 - Rules and Regulations Governing Use of Toll Roads, etc.; Violations; Penalties; Law Enforcement. - (a) The authority is hereby authorized to promulgate reasonable rules...

Section 23-2-157 - Lease, Grant, etc., of County, City, etc., Property to Authority. - All counties, cities, towns, and other political subdivisions and all...

Section 23-2-158 - Annual Report to Legislature; Contents; Annual Audit; Expense. - On or before the tenth legislative day of each regular...

Section 23-2-159 - Conflict of Interest; Penalty. - Any member, agent or employee of the authority who is...

Section 23-2-160 - Transfer of Projects to State Highway System. - When (1) all bonds issued under the provisions of this...

Section 23-2-161 - Study of Proposed Projects; Reimbursement of Funds; Indebtedness. - The department is hereby authorized, subject to the approval of...

Section 23-2-162 - Advertisement of Plans; Public Hearing. - Prior to building a new toll road or expanding capacity...

Section 23-2-163 - Applicability to Existing Roadway Capacity. - Repealed by Act 2017-375, § 2, effective May 24, 2017.

Article 6 - Electronic Toll Collection Act.

Section 23-2-165 - Short Title. - This article shall be known as the Electronic Toll Collection...

Section 23-2-166 - Intent and Purpose of Article. - The purpose of this article is to facilitate vehicular traffic...

Section 23-2-167 - Definitions. - THIS SECTION WAS AMENDED BY ACT 2019-501 IN THE 2019...

Section 23-2-168 - Electronic Toll Collection. - THIS SECTION WAS AMENDED BY ACT 2019-501 IN THE 2019...

Section 23-2-169 - Use of Toll Collection Facility Without Payment; Collection. - THIS SECTION WAS AMENDED BY ACT 2019-501 IN THE 2019...

Section 23-2-170 - Civil Liability for Toll Violations. - (a) The authority, department, private toll entity, or an agent...

Section 23-2-171 - Defense Against Liability. - The owner of the motor vehicle involved in the violation...

Section 23-2-172 - Registration Renewal Hold; Enforcement of Judgements. - THIS SECTION WAS AMENDED BY ACT 2019-501 IN THE 2019...

Section 23-2-173 - Reciprocal Agreements - Other States or Jurisdictions. - THIS SECTION WAS AMENDED BY ACT 2019-501 IN THE 2019...

Section 23-2-174 - Privacy. - (a) The authority, department, private toll entity, or an agent...

Section 23-2-175 - Exemptions. - THIS SECTION WAS AMENDED BY ACT 2019-501 IN THE 2019...

Chapter 3 - Controlled Access Facilities.

Section 23-3-1 - Definitions. - For the purposes of this chapter, the following terms shall...

Section 23-3-2 - Declaration of Policy. - It is the declared policy of this state to facilitate...

Section 23-3-3 - Authority to Plan, etc., Facilities; Regulation, etc., Thereof. - The Director of Transportation, acting alone or in cooperation with...

Section 23-3-4 - Design Authority; Commercial Establishments. - (a) The Director of Transportation is authorized to so design...

Section 23-3-5 - Acquisition of Property and Property Rights. - (a) For the purpose of this chapter, the highway authorities...

Section 23-3-6 - Elimination of Intersections at Grade. - The state or any of its subdivisions shall have authority...

Section 23-3-7 - Local Service Roads and Streets. - In connection with the development of any controlled access facility,...

Section 23-3-8 - Agreements With Federal or Local Governments. - The Director of Transportation is authorized to enter into agreements...

Chapter 4 - Closing and Vacating Streets, Alleys and Highways.

Article 1 - Counties or Municipalities.

Section 23-4-1 - Application. - Streets, alleys, and other highways, or portions thereof, may be...

Section 23-4-2 - Procedure. - (a) Whenever the governing body of a municipality or county...

Section 23-4-3 - Contest by Interested Persons. - Repealed by Act 2004-323, p. 548, §2, effective July 1,...

Section 23-4-4 - Recordation of Report by Commissioners; Payment of Costs and Damages. - Repealed by Act 2004-323, p. 548, §2, effective July 1,...

Section 23-4-5 - Appeals. - Any party affected by the vacation of a street, alley,...

Section 23-4-6 - Article Deemed Cumulative. - The provisions of this article shall not be held to...

Article 2 - Abutting Landowners.

Section 23-4-20 - Vacation of Street or Alley. - (a) Subject to the conditions set out in this subsection,...

Chapter 5 - Offenses.

Section 23-5-2 - Driving Around, Destruction, etc., of Detour or Warning Sign, or Barricade or Fence. - (a) For the purposes of this section, the following terms...

Section 23-5-6 - Trash, Litter, etc., Upon Public Thoroughfare - Driver Presumed Offender When Items Thrown From Vehicle. - If littering is committed as set forth in Section 13A-7-29...

Section 23-5-7 - Trash, Litter, etc., Upon Public Thoroughfare - Erection of Signs. - The State Department of Transportation, the county commission of each...

Section 23-5-8 - Trash, Litter, etc., Upon Public Thoroughfare - Enforcement. - The Alabama Highway Patrol and the law enforcement officers of...

Section 23-5-9 - Trash, Litter, etc., Upon Public Thoroughfare - Provisions Deemed Cumulative. - The provisions of Section 13A-7-29 and Sections 23-5-6 through 23-5-8...

Section 23-5-13 - Violation of State Department of Transportation Rules or Regulations. - Any person, firm or corporation who violates any reasonable rule...

Section 23-5-14 - Violation of Rules, etc., Enacted by County Commission Relative to Public Roads, etc., of County. - It shall be unlawful for any person, firm or corporation...

Chapter 6 - Industrial Access Roads and Bridges.

Section 23-6-1 - Definitions. - Where used in this chapter the following words and terms...

Section 23-6-2 - Purposes of Public Corporation; Supervision of Construction by State Department of Transportation; Department's Power to Assign, Contract, etc., Construction Work; Construction of Chapter. - It is the intention of the Legislature to authorize the...

Section 23-6-3 - Authority to Incorporate. - The Director of Transportation, the State Treasurer, and the Director...

Section 23-6-4 - Proceeding to Incorporate. - To become a corporation, the Director of Transportation, the State...

Section 23-6-5 - Certificate of Incorporation; Recording; No Fees to Be Paid to Secretary of State on Incorporation or Dissolution. - When the application has been made, filed and recorded, as...

Section 23-6-6 - Members, Officers, and Directors of Corporation; Vacancies; Compensation; Record of Proceedings; Record as Evidence. - The applicants named in the application and their respective successors...

Section 23-6-7 - Corporate Powers. - The corporation shall have the following powers: (1) To have...

Section 23-6-8 - Bonds of Corporation; Annual Appropriation From State Public Road and Bridge Fund. - (a) The bonds of the corporation shall be signed by...

Section 23-6-8.1 - Annual Appropriation From Public Road and Bridge Fund. - The annual appropriation from the Public Road and Bridge Fund...

Section 23-6-9 - Disposition of Bond Proceeds; Industrial Access Road and Bridge Construction Account; Refunding Bonds; Contracts for Construction, etc., of Roads and Bridges; Performance of Work Done Without Contract; Property Acquired by Corporatio... - The proceeds of all bonds, other than refunding bonds, issued...

Section 23-6-10 - Revenues of Corporation. - For the purpose of providing funds to enable the corporation...

Section 23-6-11 - State Treasurer to Disburse Funds. - Out of the revenues appropriated and pledged in Section 23-6-10,...

Section 23-6-12 - Dissolution of Corporation. - At any time when no bonds of the corporation are...

Chapter 7 - Alabama Transportation Infrastructure Bank Act.

Section 23-7-1 - Short Title. - This chapter shall be cited as the Alabama Transportation Infrastructure...

Section 23-7-2 - Definitions. - For the purposes of this chapter, the following words shall...

Section 23-7-3 - Creation; Purpose; Accounts. - (a) There is created a public corporation to be known...

Section 23-7-4 - Board of Directors. - (a) The board of directors is the governing board of...

Section 23-7-5 - Powers and Functions. - (a) In addition to the powers contained in other provisions...

Section 23-7-6 - Funding; Pledge of Revenues. - (a) The following sources may be used to capitalize the...

Section 23-7-7 - Administration and Operations of Bank. - (a) Earnings on balances in the federal highway account, as...

Section 23-7-8 - Loans and Financial Assistance; Eligible and Qualified Projects. - (a) The bank may provide loans and other financial assistance...

Section 23-7-9 - Financing Agreements; Other Authorized Financing; Security Interests. - (a) Qualified borrowers may obtain loans or other financial assistance...

Section 23-7-10 - Essential Governmental Function of Bank; Taxation. - The bank is performing an essential governmental function in the...

Section 23-7-11 - Failure to Collect or Remit Funds Due; Withholding of Funds. - (a) If a government unit fails to collect and remit...

Section 23-7-12 - Liability Under Chapter. - Neither the board nor any officer, employee, or committee of...

Section 23-7-13 - Notice, Publication, etc., Referenda. - Notice, proceeding, or publication, except those required in this chapter,...

Section 23-7-14 - Investment of Funds. - Money in funds or accounts of the bank may be...

Section 23-7-15 - Annual Report; Audit. - Following the close of each state fiscal year, the bank...

Section 23-7-16 - Construction of Chapter. - This chapter, being for the welfare of this state and...

Section 23-7-17 - Bonds Authorized. - (a) Whenever it shall become necessary that monies be raised...

Section 23-7-18 - Liability for Bonds. - Bonds, other financial assistance, and other obligations issued by the...

Section 23-7-19 - Requirements for Bonds. - (a) The bonds of the bank must be authorized by...

Section 23-7-20 - Securing of Bonds - Trust Indenture. - (a) Bonds may be secured by a trust indenture between...

Section 23-7-21 - Securing of Bonds - Pledge. - (a) Any pledge made by the bank to secure its...

Section 23-7-22 - Purchase of Outstanding Bonds. - The bank, subject to agreements with bondholders as may then...

Section 23-7-23 - Form and Execution of Bonds. - Bonds of the bank shall be in a form and...

Section 23-7-24 - Validity of Signatures on Bonds. - If any of the members or officers of the bank...

Section 23-7-25 - Limitation on Amendments. - Subsequent amendments to this chapter may not limit the rights...

Section 23-7-26 - Taxation of Bonds and Income. - Any bonds issued by the bank, the transfer of bonds,...

Section 23-7-27 - Construction and Use of Bonds. - (a) The bonds issued by the bank are legal investments...

Section 23-7-28 - Performance of Contracts by Legal Residents of Alabama. - Except as otherwise prohibited by Federal law, all contracts funded...

Section 23-7-29 - Other Financial Assistance Authorized. - (a) The granting of other financial assistance by the bank...

Section 23-7-30 - Net Earnings of Bank Not to Inure to Benefit of Any Individual, Firm, or Corporation. - The bank shall be a nonprofit corporation and no part...

Section 23-7-31 - Dissolution of Bank. - At any time when no bonds, other financial assistance, or...

Chapter 8 - Rebuild Alabama Act

Section 23-8-1 - Short Title. - This chapter and Article 12A, Chapter 17 of Title 40,...

Section 23-8-2 - Legislative Findings. - The Legislature finds all of the following: (a) That consistent...

Section 23-8-3 - Definitions. - Definitions. When used in this chapter, the following words and...

Section 23-8-4 - Rebuild Alabama Fund. - There is hereby created the Rebuild Alabama Fund in the...

Section 23-8-5 - Program Purposes; Annual Report. - (a) The net tax proceeds allocated to ALDOT in subsection...

Section 23-8-6 - Approved Contractors and Suppliers; Bidding. - (a) All county and municipal projects let to contract shall...

Section 23-8-7 - Alabama Transportation Rehabilitation and Improvement Program-Ii Committee. - (a) There is hereby created the Alabama Transportation Rehabilitation and...

Section 23-8-8 - Deposit and Use of Funds; Audit; Annual Plan. - (a) The monies paid to counties or municipalities pursuant to...

<< Previous

Next >>

Code of Alabama Title 23 - Highways, Roads, Bridges and Ferries.

Code of Alabama
Title 23 - Highways, Roads, Bridges and Ferries.