Code of Alabama
Title 33 - Navigation and Watercourses.

Chapter 1 - General Provisions Relative to Harbors and Ports and State Docks Department.

Section 33-1-1 - State May Engage in Promoting, Constructing, Operating, etc., Harbors and Ports; Expenditure of Funds to Entertain Customers, etc., Authorized; Audit and Accounting of Certain Expenditures. - The State of Alabama may engage in, through the agency...

Section 33-1-1.1 - Definitions. - As used in this chapter, the following words shall have...

Section 33-1-2 - Alabama State Port Authority. - There shall be a state agency known as the Alabama...

Section 33-1-3 - Director. - The chief executive officer of the port authority shall be...

Section 33-1-4 - Assistant Directors. - Repealed by Act 2000-598, §8, 2000 Regular Session, effective August...

Section 33-1-5 - Officers and Employees; Employee Compensation Plan. - (a) All employees and officers of the Alabama State Port...

Section 33-1-5.1 - Retirement Plans for Employees of Alabama State Port Authority. - (a) The Alabama State Port Authority may establish and fund...

Section 33-1-5.2 - Life and Health Insurance for Certain Salaried Officers and Employees of State Docks. - (a) The Alabama State Port Authority is hereby authorized to...

Section 33-1-6 - Bonds Required of Certain Employees. - Before entering upon the duties of their respective offices, all...

Section 33-1-7 - Functions of Secretary-Treasurer; Bond. - (a) The secretary-treasurer shall receive and disburse for the port...

Section 33-1-8 - Board of Directors. - (a)(1) The port authority shall be governed by a board...

Section 33-1-9 - State Docks Advisory Committee - Vice-Chairman and Secretary; Meetings; Quorum; Records. - Repealed by Act 2000-598, §8, 2000 Regular Session, effective August...

Section 33-1-10 - State Docks Advisory Committee - Committee to Act in Advisory Capacity. - Repealed by Act 2000-598, §8, 2000 Regular Session, effective August...

Section 33-1-11 - Jurisdiction. - The jurisdiction of the port authority in any harbor or...

Section 33-1-12 - Power to Acquire, Operate, etc., Structures, Facilities, Etc. - The port authority, in engaging in the work of internal...

Section 33-1-12.1 - Additional Powers. - In addition to the powers conferred in this chapter and...

Section 33-1-13 - Governor May Make Additional Investigations Relative to Acquisition, etc., of Facilities. - Repealed by Act 2000-598, §8, 2000 Regular Session, effective August...

Section 33-1-14 - Appraisal of Real Estate; Approval of Facilities by Governor Prerequisite to Beginning Project. - Repealed by Act 2000-598, §8, 2000 Regular Session, effective August...

Section 33-1-15 - Amendment of Plans. - Repealed by Act 2000-598, §8, 2000 Regular Session, effective August...

Section 33-1-16 - Terminal Railroads. - THIS SECTION WAS AMENDED BY ACT 2022-149 IN THE 2022...

Section 33-1-17 - Title to Property. - The title to all property acquired by the Alabama State...

Section 33-1-18 - Sales of Submerged Lands and Made Lands Lying Under or Abutting Tidal Waters. - (a) The Director of the Alabama State Port Authority is...

Section 33-1-19 - Exemption of Leases, etc., From Taxation. - All leases of real estate within the boundaries of the...

Section 33-1-20 - Exchange of Property and Relocation of Buildings, Etc. - The port authority may exchange any property or properties acquired...

Section 33-1-21 - Enforcement. - The port authority may bring and prosecute all civil actions...

Section 33-1-22 - Acquisition of Property and Rights-of-Way. - For the acquiring of rights-of-way and property necessary for the...

Section 33-1-23 - To What Property Eminent Domain Applicable. - Repealed by Act 2000-598, §8, 2000 Regular Session, effective August...

Section 33-1-24 - Conduct of Operation of Harbors, Ports, Facilities, etc., by Port Authority. - The operation of all harbors and seaports within the state...

Section 33-1-25 - Port Authority Authorized to Carry Fire and Casualty and Public Liability Insurance. - The Alabama State Port Authority is hereby authorized to provide...

Section 33-1-26 - Power of Port Authority to Fix Charges for Use of State Facilities; Charges for Use of Private Facilities. - In order to enable the port authority to earn funds...

Section 33-1-27 - Exercise and Evidence of Authority of Governor and Port Authority. - The Governor and the port authority, respectively, are directed and...

Section 33-1-28 - Establishment of Harbor Lines; Grant of Licenses for Construction of Wharves, Etc. - The port authority may establish harbor lines, exterior and interior,...

Section 33-1-29 - Revocation or Suspension of Upland Owners' Licenses. - Any license granted by the State of Alabama, either expressly...

Section 33-1-30 - Establishment of Foreign Trade Zones. - In order to comply with the laws, rules and regulations...

Section 33-1-31 - Rules and Regulations; Violations. - THIS SECTION WAS AMENDED BY ACT 2022-149 IN THE 2022...

Section 33-1-32 - Violation of Orders, etc., of Director or Agents. - If any master, agent, or owner of any water craft...

Section 33-1-33 - Failure to Remove Dangerous Vessels on Order of Port Authority. - Any owner or any agency in control of any vessel...

Section 33-1-34 - Ships Entering or Leaving Port of Mobile to Fly Flag of Country of Registry; Name of Country of Registry to Be Stated in Advertising, Etc. - (a) All ships entering or leaving the Port of Mobile...

Section 33-1-35 - Depositing Substance That Will Form Obstruction to Navigation. - Any person who shall deposit or cause to be deposited,...

Section 33-1-36 - Authority of Alabama State Port Authority to Contract With Federal Government for Purpose of Receiving Funds, Supplies, Facilities, etc.; Regulation and Promotion of Projects; Payment of Relocation, etc., Expenses of Persons Displac... - (a) The State of Alabama, acting through its agency, the...

Section 33-1-37 - Safety Incentive Program. - The Director of the Alabama State Port Authority, to promote...

Section 33-1-38 - Compliance With Railway Labor Act. - (a) Notwithstanding any provision of law to the contrary, the...

Section 33-1-39 - Contracts. - (a) All contracts of the Alabama State Docks Department, now...

Section 33-1-40 - Sovereign Immunity. - The port authority shall have sovereign immunity from suit to...

Section 33-1-41 - Obligations. - Each and every existing obligation of the Alabama State Docks...

Section 33-1-42 - Outstanding Bonds. - It is the intention of the Legislature in enacting Act...

Chapter 2 - Development of Docks and Other Facilities Along Inland Waterways.

Article 1 - 1957 Provisions for Facilities Along Inland Waterways.

Section 33-2-1 - Authority of State and State Docks Department Generally. - In addition to the authority granted to the State of...

Section 33-2-2 - Maximum Cost of Development. - The entire cost to the state of engaging in the...

Section 33-2-3 - Acquisition, Construction, Maintenance, Operation, etc., of Facilities; Plans and Survey; Limitation Upon Right of Eminent Domain. - Through the Alabama State Docks Department, the state, in engaging...

Section 33-2-4 - Powers and Duties of Department Under Article Cumulative. - All administration, supervision, authority and responsibility under this article and...

Section 33-2-5 - Power of Eminent Domain Generally. - There is hereby vested in the State Docks Department power...

Section 33-2-6 - How Property and Rights-of-Way May Be Acquired; Eminent Domain Proceedings. - In acquiring rights-of-way and property necessary for the construction of...

Section 33-2-7 - Department May Contract Current Indebtedness. - In any operations conducted under this article, the State Docks...

Section 33-2-8 - General Provisions Relative to Inland Waterways Improvement Bonds and Temporary Loans. - In order to provide funds for the purposes herein authorized,...

Section 33-2-9 - Application of Proceeds of Facilities; Payment of Deficiency Where Proceeds Are Insufficient to Cover Expenses. - The proceeds of the handling and operation of improvements and...

Section 33-2-10 - Cost of Each Unit to Be Ascertained, etc.; Sinking Fund. - Immediately upon the completion of each unit of development along...

Section 33-2-11 - Faith and Credit of State Pledged to Payment of Bonds. - For the payment of both the principal and interest of...

Section 33-2-12 - Rates and Charges for Use of Facilities. - In order to enable the operations established under this article...

Section 33-2-13 - Department to Make Reports to Legislature. - The State Docks Department shall make to each regular session...

Section 33-2-14 - Exercise of Authority by Governor and Department; Evidence of Approval and Consent of Governor and Department. - The Governor and the State Docks Department, respectively, are hereby...

Section 33-2-15 - No Prior Indebtedness to Be Paid From Funds Received. - No indebtedness heretofore incurred by the Alabama State Docks Department...

Section 33-2-16 - Revocation and Suspension of Licenses to Occupy State Property. - Any license heretofore granted by the State of Alabama, either...

Section 33-2-17 - Bonds and Interest Exempt From Taxation. - Any bonds issued pursuant to the authority of this article...

Section 33-2-18 - Article Cumulative; Legislative Intent. - Nothing in this article shall be construed to alter, amend...

Article 2 - 1959 Provisions for Facilities Along Inland Waterways.

Section 33-2-30 - Definitions. - The words and phrases hereinafter set forth, wherever used in...

Section 33-2-31 - Dock Facilities at Additional Cost of $3,500,000.00 Authorized. - In addition to the authority granted to the state by...

Section 33-2-32 - Authorized Cost Additional; Total Cost to State. - The authorization herein granted to the state of engaging in...

Section 33-2-33 - Authority to Acquire, Construct, Maintain, etc., New Facilities; Completion of Facilities Acquired Under 1957 Act; Plans and Survey; Approval of Governor; Permit or Consent From Federal Authorities. - The state, acting through the department, shall, in engaging in...

Section 33-2-34 - Authority, etc., of Department Under Article Cumulative. - All administration, supervision, authority and responsibility under this article and...

Section 33-2-35 - How Property and Rights-of-Way May Be Acquired; Eminent Domain Proceedings. - In acquiring rights-of-way and property necessary for the construction of...

Section 33-2-36 - Department May Contract Current Indebtedness. - In any operations conducted under this article the department may...

Section 33-2-37 - General Provisions Relative to Additional Inland Waterways Improvement Bonds. - In order to provide funds for the purposes of this...

Section 33-2-38 - Requirements for Sale of Bonds. - The bonds must be sold only at public sale, either...

Section 33-2-39 - Disposition of Proceeds From Sale of Bonds. - The proceeds from the sale of any of the bonds...

Section 33-2-40 - Application of Revenues From Dock Facilities. - The proceeds derived from the operation of each unit of...

Section 33-2-41 - Separate Records as to Each Unit of Development. - The department shall establish and maintain a separate record with...

Section 33-2-42 - Rates and Charges for Use of Facilities. - The department shall have the right and power to fix...

Section 33-2-43 - Revocation or Cancellation of Licenses to Occupy State Property. - Any license heretofore granted by the state, either expressly or...

Section 33-2-44 - Bonds and Interest Exempt From Taxation. - Any bonds issued pursuant to the authority of this article...

Article 3 - 1961 Provisions for Facilities Along Inland Waterways.

Section 33-2-60 - Definitions. - The words and phrases hereinafter set forth, wherever used in...

Section 33-2-61 - Dock Facilities at Additional Cost of $1,500,000.00 Authorized. - In addition to the authority granted to the state by...

Section 33-2-62 - Authorized Cost Additional; Total Cost to State. - The authorization herein granted to the state of engaging in...

Section 33-2-63 - Authority to Acquire, Construct, Maintain, etc., New Facilities; Completion of Facilities Acquired Under 1957 and 1959 Acts; Plans and Survey; Approval of Governor; Permit or Consent From Federal Authorities. - The state, acting through the department, shall, in engaging in...

Section 33-2-64 - Authority, etc., of Department Under Article Cumulative. - All administration, supervision, authority and responsibility under this article and...

Section 33-2-65 - How Property and Rights-of-Way May Be Acquired; Eminent Domain Proceedings. - In acquiring rights-of-way and property necessary for the construction of...

Section 33-2-66 - Department May Contract Current Indebtedness. - In any operations conducted under this article, the department may...

Section 33-2-67 - General Provisions Relative to Additional Inland Waterways Improvement Bonds. - In order to provide funds for the purposes of this...

Section 33-2-68 - Requirements for Sale of Bonds. - The bonds must be sold only at public sale, either...

Section 33-2-69 - Disposition of Proceeds From Sale of Bonds. - The proceeds from the sale of any of the bonds...

Section 33-2-70 - Appropriation for Payment of Principal and Interest on Bonds. - There is hereby appropriated for the payment of the principal...

Section 33-2-71 - Application of Revenues From Inland Waterways Facilities. - The gross revenues derived from the operation of each unit...

Section 33-2-72 - Refunding Bonds. - The state may at any time and from time to...

Section 33-2-73 - Separate Records as to Each Unit of Development. - The department shall establish and maintain a separate record with...

Section 33-2-74 - Use of Surplus Revenues of Port of Mobile Facilities to Pay Operating Deficit. - If it shall be determined by the department at the...

Section 33-2-75 - Rates and Charges for Use of Facilities. - The department shall have the right and power to fix...

Section 33-2-76 - Revocation or Cancellation of Licenses to Occupy State Property. - Any license heretofore granted by the state, either expressly or...

Section 33-2-77 - Bonds and Interest Exempt From Taxation. - Any bonds issued pursuant to the authority of this article...

Article 4 - 1963 Provisions for Facilities Along Inland Waterways.

Section 33-2-90 - Definitions. - The words and phrases hereinafter set forth, wherever used in...

Section 33-2-91 - Dock Facilities at Additional Cost of $2,000,000.00 Authorized. - In addition to the authority granted to the state by...

Section 33-2-92 - Authorized Cost Additional; Total Cost to State. - The authorization herein granted to the state of engaging in...

Section 33-2-93 - Authority to Acquire, Construct, Maintain, etc., New Facilities; Completion of Facilities Acquired Under Earlier Acts; Plans and Survey; Approval of Governor; Permit or Consent From Federal Authorities. - The state, acting through the department, shall, in engaging in...

Section 33-2-94 - Authority, etc., of Department Under Article Cumulative. - All administration, supervision, authority and responsibility under this article and...

Section 33-2-95 - How Property and Rights-of-Way May Be Acquired; Eminent Domain Proceedings. - In acquiring rights-of-way and property necessary for the construction of...

Section 33-2-96 - Department May Contract Current Indebtedness. - In any operations conducted under this article, the department may...

Section 33-2-97 - General Provisions Relative to Additional Inland Waterways Improvement Bonds. - In order to provide funds for the purposes of this...

Section 33-2-98 - Requirements for Sale of Bonds. - The bonds must be sold only at public sale, either...

Section 33-2-99 - Disposition of Proceeds From Sale of Bonds. - The proceeds from the sale of any of the bonds...

Section 33-2-100 - Appropriation for Payment of Principal and Interest on Bonds. - There is hereby appropriated for the payment of the principal...

Section 33-2-101 - Application of Revenues From Inland Waterways Facilities. - The gross revenues derived from the operation of each unit...

Section 33-2-102 - Provisions of Article Applicable to Refunding Bonds; Investment of Proceeds of Bonds, Etc. - All provisions of this article pertaining to bonds issued under...

Section 33-2-103 - Separate Records as to Each Unit of Development. - The department shall establish and maintain a separate record with...

Section 33-2-104 - Use of Surplus Revenues of Port of Mobile Facilities to Pay Operating Deficit. - If at the end of any fiscal year there are...

Section 33-2-105 - Rates and Charges for Use of Facilities. - The department shall have the right and power to fix...

Section 33-2-106 - Revocation or Cancellation of Licenses to Occupy State Property. - Any license heretofore granted by the state, either expressly or...

Section 33-2-107 - Bonds and Interest Exempt From Taxation. - Any bonds issued pursuant to the authority of this article...

Article 5 - 1967 Provisions for Facilities Along Inland Waterways.

Section 33-2-120 - Definitions. - The words and phrases hereinafter set forth, wherever used in...

Section 33-2-121 - Facilities at Additional Cost of $2,000,000.00 Authorized. - In addition to the authority granted to the state by...

Section 33-2-122 - Authority to Acquire, Construct, Maintain, etc., New Facilities; Completion of Facilities Acquired Under Earlier Acts; Plans and Survey; Approval of Governor; Permit or Consent From Federal Authorities. - The state, acting through the department, shall, in promoting and...

Section 33-2-123 - Authority, etc., of Department Under Article Cumulative. - All administration, supervision, authority and responsibility under this article and...

Section 33-2-124 - How Property and Rights-of-Way May Be Acquired; Eminent Domain Proceedings. - In acquiring rights-of-way and property necessary for the construction of...

Section 33-2-125 - Department May Contract Current Indebtedness. - In any operations conducted under this article, the department may...

Section 33-2-126 - General Provisions Relative to Inland Facilities Bonds. - In order to provide funds for the purposes of this...

Section 33-2-127 - Requirements for Sale of Bonds. - The bonds must be sold only at public sale, either...

Section 33-2-128 - Disposition of Proceeds From Sale of Bonds. - The proceeds from the sale of any of the bonds...

Section 33-2-129 - Appropriation for Payment of Principal and Interest on Bonds. - There is hereby appropriated for the payment of the principal...

Section 33-2-130 - Application of Revenues From Inland Facilities. - The gross revenues derived from the operation of each unit...

Section 33-2-131 - Refunding Bonds and Investments. - The state may at any time, and from time to...

Section 33-2-132 - Separate Records as to Each Unit of Development. - The department shall establish and maintain a separate record with...

Section 33-2-133 - Use of Surplus Revenues of Port of Mobile Facilities to Pay Operating Deficit. - If at the end of any fiscal year there are...

Section 33-2-134 - Rates and Charges for Use of Facilities. - The department shall have the right and power to fix...

Section 33-2-135 - Revocation of Licenses to Occupy State Property. - Any license heretofore granted by the state, either expressly or...

Section 33-2-136 - Bonds and Interest Exempt From Taxation. - Any bonds issued pursuant to the authority of this article...

Article 6 - 1969 Provisions for Facilities Along Inland Waterways.

Section 33-2-150 - Definitions. - The words and phrases hereinafter set forth, wherever used in...

Section 33-2-151 - Facilities at Additional Cost of $10,000,000.00 Authorized. - In addition to the authority granted to the state by...

Section 33-2-152 - Authority to Acquire, Construct, Maintain, etc., New Facilities; Completion of Facilities Acquired Under Earlier Acts; Plans and Survey; Approval of Governor; Permit or Consent From Federal Authorities. - The state, acting through the department, shall, in promoting and...

Section 33-2-153 - Authority, etc., of Department Under Article Cumulative. - All administration, supervision, authority and responsibility under this article and...

Section 33-2-154 - How Property and Rights-of-Way May Be Acquired; Eminent Domain Proceedings. - In acquiring rights-of-way and property necessary for the construction of...

Section 33-2-155 - Department May Contract Current Indebtedness. - In any operations conducted under this article, the department may...

Section 33-2-156 - General Provisions Relative to Inland Facilities Bonds. - In order to provide funds for the purposes of this...

Section 33-2-157 - Requirements for Sale of Bonds. - The bonds must be sold only at public sale, either...

Section 33-2-158 - Disposition of Proceeds From Sale of Bonds. - The proceeds from the sale of any of the bonds...

Section 33-2-159 - Appropriation for Payment of Principal and Interest on Bonds. - There is hereby appropriated for the payment of the principal...

Section 33-2-160 - Application of Revenues From Inland Facilities. - The gross revenues derived from the operation of each unit...

Section 33-2-161 - Refunding Bonds and Investments. - The state may at any time, and from time to...

Section 33-2-162 - Separate Records as to Each Unit of Development. - The department shall establish and maintain a separate record with...

Section 33-2-163 - Use of Surplus Revenues of Port of Mobile Facilities to Pay Operating Deficit. - If at the end of any fiscal year there are...

Section 33-2-164 - Rates and Charges for Use of Facilities. - The department shall have the right and power to fix...

Section 33-2-165 - Revocation of Licenses to Occupy State Property. - Any license heretofore granted by the state, either expressly or...

Section 33-2-166 - Bonds and Interest Exempt From Taxation. - Any bonds issued pursuant to the authority of this article...

Article 7 - Acquisition, Construction, Financing, and Improvement of State Docks Facilities.

Section 33-2-180 - Definitions. - THIS SECTION WAS AMENDED BY ACT 2022-149 IN THE 2022...

Section 33-2-181 - Authorization to Issue Docks Facilities Revenue Bonds. - The department, with the approval of the Governor, may from...

Section 33-2-182 - Authorization to Issue Refunding Bonds. - Subject to the provisions contained in this article, the department...

Section 33-2-183 - Docks Facilities Revenue Bonds and Refunding Bonds - Generally. - The docks facilities revenue bonds and the refunding bonds shall...

Section 33-2-184 - Docks Facilities Revenue Bonds and Refunding Bonds - Execution. - The docks facilities revenue bonds and refunding bonds shall be...

Section 33-2-185 - Docks Facilities Revenue Bonds and Refunding Bonds - Sale. - Docks facilities revenue bonds and refunding bonds may be sold...

Section 33-2-186 - Docks Facilities Revenue Bonds and Refunding Bonds - Nature Of; Pledge; Negotiable Instruments. - The docks facilities revenue bonds and refunding bonds shall not...

Section 33-2-187 - Docks Facilities Revenue Bonds and Refunding Bonds - Exemption From Taxation; Use to Secure Deposit and for Investment of Fiduciary Funds Authorized. - Docks facilities revenue bonds and refunding bonds and the income...

Section 33-2-188 - Docks Facilities Revenue Bonds and Refunding Bonds - Disposition of Proceeds of Refunding Bonds. - The proceeds of refunding bonds shall be applied, together with...

Section 33-2-189 - Docks Facilities Revenue Bonds and Refunding Bonds - Disposition of Proceeds of Docks Facilities Revenue Bonds. - The department shall pay out of the proceeds from the...

Section 33-2-190 - Docks Facilities Revenue Bonds and Refunding Bonds - Defeasance. - Any docks facilities revenue bond or refunding bond issued pursuant...

Section 33-2-191 - Docks Facilities Revenue Bonds and Refunding Bonds - Continuation of Special Charges. - The department is hereby authorized to continue to impose and...

Section 33-2-192 - Docks Facilities Revenue Bonds and Refunding Bonds - Pledge. - All moneys hereby pledged shall constitute a sinking fund for...

Section 33-2-193 - Docks Facilities Revenue Bonds and Refunding Bonds - Preservation of Outstanding Appropriations, Pledges and Covenants by State and Department. - It is the intention of the Legislature in enacting this...

Section 33-2-194 - Docks Facilities Revenue Bonds and Refunding Bonds - Covenant by Department to Maintain Charges and Other Fees. - For the benefit of the holders from time to time...

Section 33-2-195 - State Treasurer to Disburse Funds. - Repealed by Acts 2007-280, p. 379, §6, and 2007-384, p....

Section 33-2-196 - Reserve Funds for Outstanding Bonds. - In the event there shall have been established any reserve...

Section 33-2-200 - Definitions. - The words and terms used in this division shall have...

Section 33-2-201 - Special Purpose Obligations. - (a) The department, from time to time, may issue special...

Section 33-2-202 - Short-Term Obligations. - The department, from time to time, may enter into or...

Section 33-2-203 - Security for Obligations. - As security for the payment of any obligations agreed to...

Article 8 - Alabama State Docks Facilities Contingency Trust Fund.

Section 33-2-210 - Creation and Funding of Alabama State Docks Facilities Contingency Trust Fund. - Beginning with the fiscal year commencing on October 1, 1987,...

Section 33-2-211 - Notification by Director of Alabama State Port Authority to Director of Finance of Expected Deficiency. - During the first 20 days of each quarter of each...

Section 33-2-212 - Report Attesting to Actual Deficiency; Adjustment of Amount Previously Transferred; Transfer to State General Fund. - Within 20 days after the close of any quarter of...

Section 33-2-213 - Use of Amounts Transferred. - Any provision of or implication in this article to the...

Chapter 3 - Harbor Masters.

Section 33-3-1 - Police and Supervisory Duties of State Port Authority. - It is hereby made the duty of the Alabama State...

Section 33-3-2 - Powers to Regulate Anchorage, Etc. - The Alabama State Port Authority through its Harbor Master and...

Section 33-3-3 - Fees and Charges. - For the purpose of meeting the expense attendant upon the...

Section 33-3-4 - Harbor Master and Deputy Harbor Masters - Appointment; Duties. - The Director of the Alabama State Port Authority shall appoint...

Section 33-3-5 - Harbor Master and Deputy Harbor Masters - Removal; Bond; Boarding of Vessels; Records; Additional Appointments. - The Harbor Master and his or her deputy harbor masters...

Section 33-3-6 - Harbor Master and Deputy Harbor Masters - Performance of Duties by Those Not Qualified and Appointed. - Any person who shall perform the duties of a Harbor...

Chapter 4 - Pilots and Pilotage.

Article 1 - State Pilotage Commission.

Section 33-4-1 - Composition; Powers and Duties Generally. - (a) There shall be a board of pilotage commissioners, to...

Section 33-4-2 - Qualifications of Commissioners. - All of the members of said commission, at the time...

Section 33-4-3 - Terms, Compensation and Traveling Expenses of Commissioners. - The Governor shall appoint said commissioners to hold office for...

Section 33-4-4 - Bond of Commissioners. - Before entering upon the duties of their office, the commissioners...

Section 33-4-5 - Chair; Acting Chair. - The commissioners shall elect a chair to preside at its...

Section 33-4-6 - Secretary. - The State Pilotage Commission may employ a secretary, who may...

Section 33-4-7 - Meetings. - The commissioners shall meet at least once every three months...

Section 33-4-8 - Vacancies in Office. - If a vacancy occurs from any cause in the office...

Section 33-4-9 - Territorial Jurisdiction. - The jurisdiction of said commission, under this chapter, shall extend...

Section 33-4-10 - No Jurisdiction Over Harbor Masters. - The State Pilotage Commission shall not have jurisdiction over Harbor...

Section 33-4-11 - Authority to Make Rules and Regulations, Etc. - The State Pilotage Commission shall have the power and authority...

Section 33-4-12 - Civil Actions to Recover Forfeitures. - The commissioners may, in their own names as commissioners, or...

Section 33-4-13 - Fees. - The fees of the commissioners are as follows: For every...

Section 33-4-14 - Records. - The commissioners shall preserve in a well-bound book a record...

Article 2 - Pilots Generally.

Section 33-4-30 - Number of Pilots; Application, Examination and Certification Required for License. - (a) At no time shall there exist more apprentices or...

Section 33-4-31 - Qualifications; Age Limitations for Apprentices. - (a) In order to prevent delays in the apprenticeship and...

Section 33-4-32 - Selection of Apprentices. - All apprentices, before becoming eligible for service as such apprentices,...

Section 33-4-33 - Apprentice Not to Be Discharged Except for Cause; Appeal of Discharge. - No Mobile Bay or bar pilot apprentice shall be discharged...

Section 33-4-34 - Application for License, etc., to Be in Writing Accompanied by Certificate and Affidavit; Branching or Licensing According to Seniority. - A person, to be eligible to be branched or licensed...

Section 33-4-35 - Examination and Certification Generally. - Before an applicant is branched or licensed, the commission must...

Section 33-4-36 - Apprentice Pilots Not Required to Take Second Examination. - No apprentice pilot who has successfully passed an examination for...

Section 33-4-37 - Issuing Licenses; Possession and Exhibition of Licenses; Oath of Pilot. - The State Pilotage Commission shall issue to each pilot licensed...

Section 33-4-38 - Levy, Payment, and Disposition of Pilot's License Tax. - There is levied upon each licensed pilot engaged in service...

Section 33-4-39 - Bond of Pilot - Required; Amount; Conditions; Renewal. - Before receiving his branch, the pilot must make and deliver...

Section 33-4-40 - Bond of Pilot - Preserving Bonds, etc.; New Bonds; Actions on Bonds; Liability. - (a) The commissioners must preserve on file all bonds and...

Section 33-4-41 - Revocation or Suspension of License for Cause - Generally. - For any violation by any pilot of any of the...

Section 33-4-42 - Revocation or Suspension of License for Cause - Failure of Witness to Answer Subpoena. - On the failure to answer such subpoenas when so served,...

Section 33-4-43 - Revocation or Suspension of License for Cause - Witnesses' Fees and Mileage. - Such witnesses shall be paid the sum of $1.50 a...

Section 33-4-44 - Revocation or Suspension of License for Cause - Issuance of Subpoenas in Behalf of Pilot. - Such pilot against whom such charges have been filed, upon...

Section 33-4-45 - Revocation or Suspension of License for Cause - Hearings; Decision of Commission. - Such hearing shall be conducted under such rules and regulations...

Section 33-4-46 - Grounds for Depriving Pilot of Branch. - The commission may deprive any pilot of his branch for...

Section 33-4-47 - Penalty for Acting Without License. - Any person who pilots a foreign vessel, or an American...

Section 33-4-48 - Pay of Pilots - Generally. - (a) The master, owner, agent, or operator of any ship...

Section 33-4-49 - Pay of Pilots - Time of Payment. - A pilot who has brought a vessel into port is...

Section 33-4-50 - Pay of Pilots - Fees of Pilots Detained on Vessels. - If the master of any vessel retains a pilot on...

Section 33-4-51 - Pay of Pilots - No Discrimination or Rebating of Pilot's Fees. - There shall be no discrimination among vessels subject to the...

Section 33-4-52 - Pay of Pilots - Exemptions From Payment of Pilot's Fees. - All vessels, whether sail, steam or propelled by any other...

Section 33-4-53 - Compulsory Retirement of Bar Pilots. - Every bar pilot licensed and branched by the State Pilotage...

Section 33-4-54 - Vessels Required to Take Pilots. - All steam or sail vessels crossing the outer bar of...

Section 33-4-55 - Pilot Boats Must Offer Services to Vessels Nearest Bar. - Every pilot boat cruising or standing out to sea must...

Section 33-4-56 - Delivery of Orders and Letters by Pilot. - It is the duty of every outer-bar pilot to deliver...

Section 33-4-57 - Report of Unlawful Discharge of Ballast, Sweepings, Rubbish, etc., in Bay, Etc. - Every pilot, having knowledge of the discharge of ballast, sweepings,...

Chapter 4A - State Pilotage Commission.

Section 33-4A-1 - Applicability. - This chapter shall only apply to Class 2 municipalities.

Section 33-4A-2 - Creation; Composition; Powers and Duties; Quorum. - (a) There shall be a board of pilotage commissioners in...

Section 33-4A-3 - Qualifications of Commissioners. - All of the members of the commission, at the time...

Section 33-4A-4 - Appointment; Terms; Expenses. - The initial appointees to the commission shall be the members...

Section 33-4A-5 - Bond of Commissioners. - Before entering upon the duties of their office, the commissioners...

Section 33-4A-6 - Chair; Acting Chair. - The commissioners shall elect a chair to preside at its...

Section 33-4A-7 - Secretary. - The commission may employ a secretary who shall not be...

Section 33-4A-8 - Audits; Exemption From Sunset Law. - (a) The commission shall have a financial and compliance audit...

Section 33-4A-9 - Meetings. - The commissioners shall meet at least once every three months...

Section 33-4A-10 - Vacancies. - If a vacancy occurs from any cause in the office...

Section 33-4A-11 - Jurisdiction of Commission - Territorial. - The jurisdiction of the commission under this chapter shall extend...

Section 33-4A-12 - Jurisdiction of Commission - Harbor Masters. - The commission shall not have jurisdiction over harbor masters or...

Section 33-4A-13 - Rulemaking Authority. - The commission shall have the power and authority to make...

Section 33-4A-14 - Civil Actions to Recover Forfeitures. - The commissioners, in their own names as commissioners or in...

Section 33-4A-15 - Recordkeeping. - The commissioners shall preserve a record of their acts and...

Section 33-4A-16 - Number of Pilots; Qualifications. - (a) At no time shall there exist more apprentices or...

Section 33-4A-17 - Register of Applicants for Apprenticeship; Seniority; Statutory Requirements. - (a) In order to prevent delays in the apprenticeship and...

Section 33-4A-18 - Selection of Apprentices. - All apprentices, before becoming eligible for service as apprentices, shall...

Section 33-4A-19 - Discharge of Apprentice; Appeal. - A Mobile Bay or bar pilot apprentice may not be...

Section 33-4A-20 - Branching or Licensing Criteria. - To be eligible to be branched or licensed as the...

Section 33-4A-21 - Examination and Certification. - Before an applicant is branched or licensed, the commission shall...

Section 33-4A-22 - Passing Examination Entitles Apprentice Pilot to License, Etc. - An apprentice pilot who has successfully passed an examination for...

Section 33-4A-23 - Issuance of License; Possession and Exhibition of License; Oath of Pilot. - The commission shall issue to each bar pilot licensed and...

Section 33-4A-24 - Levy, Payment, and Disposition of Pilot's License Tax. - There is levied upon each licensed bar pilot engaged in...

Section 33-4A-25 - Bond of Pilot - Required; Amount; Conditions; Renewal. - Before receiving his or her branch, the bar pilot must...

Section 33-4A-26 - Bond of Pilot - Preserving Bonds, etc.; New Bonds; Actions on Bonds; Liabilty. - (a) The commissioners shall preserve on file all bonds and...

Section 33-4A-27 - Suspension or Revocation of License - Notice; Hearing. - For any violation by any bar pilot of any of...

Section 33-4A-28 - Suspension or Revocation of License - Witnesses' Fees. - Witnesses may be paid a reasonable fee, as determined by...

Section 33-4A-29 - Suspension or Revocation of License - Subpoenas. - The bar pilot against whom the charges have been filed,...

Section 33-4A-30 - Suspension or Revocation of License - Conduct of Hearings. - The hearing shall be conducted under the rules as the...

Section 33-4A-31 - Grounds for Depriving Pilot of Branch. - The commission may deprive any pilot of his or her...

Section 33-4A-32 - Penalty for Acting Without License. - Any person who pilots a foreign vessel, or an American...

Section 33-4A-33 - Pay of Pilots - Generally. - (a) The master, owner, agent, or operator of any ship...

Section 33-4A-34 - Pay of Pilots - Time of Payment. - A bar pilot who has brought a vessel into port...

Section 33-4A-35 - Pay of Pilots - Fees of Pilots Retained on Vessels. - If the master of any vessel retains a bar pilot...

Section 33-4A-36 - Pay of Pilots - No Discrimination or Rebating of Pilot's Fees. - There shall be no discrimination among vessels subject to the...

Section 33-4A-37 - Pay of Pilots - Exemptions From Payment of Pilot's Fees. - All vessels, whether sail, steam, or propelled by any other...

Section 33-4A-38 - Compulsory Retirement of Bar Pilots. - Every bar pilot licensed and branched by the commission upon...

Section 33-4A-39 - Vessels Required to Take Pilots. - All steam or motor vessels crossing the outer bar of...

Section 33-4A-40 - Report of Unlawful Discharge of Ballast, Sweepings, Rubbish, etc., in Bay, Etc. - Every bar pilot, having knowledge of the discharge of ballast,...

Chapter 5 - Registration and Operation of Vessels.

Article 1 - General Provisions.

Section 33-5-1 - Declaration of Policy. - It is the policy of this state to promote safety...

Section 33-5-2 - Applicability of Article. - The provisions of this article shall be applicable to all...

Section 33-5-3 - Definitions. - As used in this article, the following terms shall have...

Section 33-5-4 - Division of Marine Police - Generally. - (a) It is hereby expressly made the duty of the...

Section 33-5-5 - Division of Marine Police - Marine Police Officers, etc., to Have Powers of Peace Officers. - In addition to all other power heretofore granted by law,...

Section 33-5-6 - Enforcement of Article. - This article shall be enforced by the Alabama State Law...

Section 33-5-7 - Records Kept Pursuant to Article. - All records of the Department of Conservation and Natural Resources,...

Section 33-5-8 - Commissioner to Supply Information to Federal Agencies. - The Commissioner of Conservation and Natural Resources shall supply to...

Section 33-5-9 - Vessels to Be Registered and Numbered. - Every vessel on the waters of this state shall be...

Section 33-5-10 - Certificates of Registration and Numbers Generally - by Whom Issued; Issuance; Fees; Disposition of Funds. - (a) The agency shall issue annual certificates of registration directly...

Section 33-5-11 - Certificates of Registration and Numbers Generally - Application for and Issuance of Certificate and Number; Certificate Requirements; Distinctive Identification Stickers; Replacement Stickers; Fees; Rules. - (a) The owner of each vessel requiring numbering by this...

Section 33-5-12 - Certificates of Registration and Numbers Generally - Numbering System. - The numbering system employed pursuant to this chapter shall be...

Section 33-5-13 - Certificates of Registration and Numbers Generally - Term of Certificates and Licenses. - (a) Every certificate and license as provided for in this...

Section 33-5-14 - Certificates of Registration and Numbers Generally - Manufacturers' and Dealers' Vessels. - (a) The description of the vessel of a manufacturer or...

Section 33-5-15 - Certificates of Registration and Numbers Generally - Foreign Vessels; Change of Ownership. - (a) Any vessel already covered by a number in full...

Section 33-5-16 - Certificates of Registration and Numbers Generally - Transfer of Interest or Destruction or Abandonment of Vessel; Change of Address; Duplicate Registration Certificates. - (a) The owner shall furnish the Department of Conservation and...

Section 33-5-17 - Certificates of Registration and Numbers Generally - Classification of Vessels; Registration Fees. - (a) Vessels subject to this article shall be classified according...

Section 33-5-18 - Certificates of Registration and Numbers Generally - Only Authorized Number to Be Used. - No number other than the number awarded to the vessel...

Section 33-5-19 - Certificates of Registration and Numbers Generally - Exemption From Numbering Provisions of Article. - A vessel shall not be required to be numbered under...

Section 33-5-20 - Special Agents to Sell Boat Licenses. - The sheriffs of this state may be designated as special...

Section 33-5-21 - Safety Provisions Relative to Boat Liveries. - The Department of Conservation and Natural Resources through its agents...

Section 33-5-22 - Safety Equipment and Lights; Flags; Capacity Plate; Flame Arrestor, etc., for Carburetor. - (a) Every vessel while being operated on the waters of...

Section 33-5-22.1 - "Sailboard" Defined; Hull Deemed Flotation Device. - (a) For the purposes of this section "sailboard" means any...

Section 33-5-23 - Muffling Devices and Sirens. - (a) The exhaust of every internal combustion engine used on...

Section 33-5-25 - Collisions, Accidents, and Casualties. - (a) It shall be the duty of the operator of...

Section 33-5-26 - Water Skis and Aquaplanes. - (a) No person shall operate a vessel on any waters...

Section 33-5-27 - Regattas, Races, Marine Parades, Tournaments and Exhibitions. - (a) The commissioner shall adopt and may from time to...

Section 33-5-28 - Rules and Regulations - Power of Commissioner to Promulgate. - The Commissioner of the Department of Conservation and Natural Resources...

Section 33-5-29 - Rules and Regulations - Filing and Publication. - A copy of the regulations adopted pursuant to this article,...

Section 33-5-30 - Rules and Regulations - Admissibility as Evidence. - All rules and regulations duly promulgated under the provisions of...

Section 33-5-31 - Local Regulation. - (a) The provisions of this article and rules and regulations...

Section 33-5-32 - Jurisdiction of Offenses; Disposition of Fines. - District courts of any county of the State of Alabama...

Section 33-5-33 - Fees in Certain Prosecutions. - In all misdemeanor cases for violations of the provisions of...

Section 33-5-34 - Fees of Arresting Officer. - When an arrest for violation of the provisions of this...

Section 33-5-35 - Penalty for Violations of Chapter Generally. - Any person convicted of violating any provision of this article,...

Section 33-5-36 - Warning Citations. - The Commissioner of Conservation and Natural Resources is authorized to...

Article 2 - Boating Safety Reform.

Section 33-5-50 - Short Title. - This article shall be designated as the "Alabama Boating Safety...

Section 33-5-51 - Operation of Personal Watercraft. - (a) As used in this section, "personal watercraft" means a...

Section 33-5-52 - Boater Safety Certification Generally. - (a) Every person, except those specifically exempted by statutory enactment,...

Section 33-5-53 - Boater Safety Certification; Application Fee; Examinations; Exemptions. - (a) Every person who applies for a boater safety certification...

Section 33-5-54 - Issuance of Boater Safety Certification. - (a) Unless otherwise provided in this article, upon the installation...

Section 33-5-55 - Reports; Disposition of Funds. - At the close of business on Monday of each week,...

Section 33-5-56 - Certification to Bear Distinguishing Number, Color Photograph, Signature, and Other Identification Information; Notification on Motor Vehicle Driver or Learner License. - Each boater safety certification issued by the Department of Public...

Section 33-5-57 - Persons to Whom Boater Safety Certification Shall Not Be Issued. - (a) A boater safety certification may not be issued to...

Section 33-5-58 - Persons With Physical Disabilities or Impairments; Hearings. - (a) Any person with physical disabilities, a record of an...

Section 33-5-59 - Display of Certification Required. - Every holder of a boater safety certification shall have the...

Section 33-5-60 - Reciprocal Agreements With Other States. - The Director of Public Safety and Commissioner of Conservation and...

Section 33-5-61 - Restrictions for Persons Impaired From Physical Disabilities; Special Restricted Certification; Penalty for Violation of Restrictions. - (a) The Director of Public Safety, upon issuing a boater...

Section 33-5-62 - Rules and Regulations; Point System for Suspension or Revocation of Certifications. - The Commissioner of Conservation and Natural Resources may establish and...

Section 33-5-63 - Filing and Indexing Applications; Filing Accident Reports and Records of Convictions. - The Director of Public Safety shall file every application for...

Section 33-5-64 - Duplicates for Lost or Destroyed Certifications; Fees. - (a) In the event any boater safety certification issued under...

Section 33-5-65 - Reinstatement of Certification Following Cancellation, Suspension, or Revocation. - Any person whose boater safety certification has been cancelled, suspended,...

Section 33-5-66 - Violations; Penalties. - (a) Any person of whom a boater safety certification is...

Section 33-5-67 - Operation While Certification Is Cancelled, Suspended, or Revoked Prohibited; Penalties. - Any person whose boater safety certification or vessel operator's certification...

Section 33-5-68 - Application Fee; Retention by Department of Public Safety. - (a) Every applicant for an original boater safety certification shall...

Section 33-5-69 - Flotation Device; Exceptions. - (a) All persons under eight years of age on board...

Section 33-5-70 - Reckless Operation of Vehicle; Careless Operation; Violation of Rules and Regulations of Marine Police; Penalties. - (a) It is unlawful to operate a vessel in a...

Section 33-5-71 - Obstruction of Operator's View Prohibited; Penalties. - (a) It shall be unlawful for the operator of a...

Section 33-5-72 - Emergency Engine or Motor Shut-Off Switch. - (a) It shall be unlawful on the waters of this...

Section 33-5-73 - Operation of Vessel in Excess of Speed Zone Prohibited. - No person shall under any circumstances operate a vessel on...

Section 33-5-74 - Markers, Signs, and Buoys; Mooring or Fastening Vessel Prohibited; Damaging, Altering, or Moving Prohibited; Penalties. - (a) Except in case of emergency, no person shall moor...

Section 33-5-75 - Authority of Commissioner of Conservation and Natural Resources to Cancel Certification or to Suspend or Revoke Privilege of Operating Vessel; Procedures. - (a) The Commissioner of Conservation and Natural Resources may cancel...

Section 33-5-76 - Authority to Arrest at Scene of Boating Accident. - A uniformed police officer, state trooper, state law enforcement officer,...

Section 33-5-77 - Violation of Federal Laws or Rules Regulating Engine Horsepower; Penalties; Effective Date. - (a) It shall be unlawful in this state for any...

Section 33-5-78 - "Vessel" Defined. - For the purposes of this article, the term "vessel" shall...

Section 33-5-79 - Rules and Regulations. - The Commissioner of Conservation and Natural Resources may implement and...

Section 33-5-80 - Exemption for Law Enforcement Officers While Performing Their Duties. - Law enforcement officers while performing their duties shall be exempt...

Section 33-5-81 - Boating Safety as Part of Driver Education Curricula. - The State Department of Education shall require a segment of...

Article 3 - Alteration or Removal of Identifying Information.

Section 33-5-100 - Unauthorized Alteration or Removal of Identification Number or Registration Information; Forfeiture. - (a) As used in this section, the following words have...

Chapter 5A - Abandoned and Derelict Vessels

Section 33-5A-1 - Definitions. - As used in this chapter, the following terms shall have...

Section 33-5A-2 - Removal. - (a) A law enforcement officer may request a service to...

Section 33-5A-3 - Duty. - (a) Except as provided in Section 33-5A-5, a person who...

Section 33-5A-4 - Liens and Fees; Sale. - Except for vessels subject to Section 33-5A-5: (1) A person...

Section 33-5A-5 - Disposal of Certain Abandoned and Derelict Vessels. - (a)(1) The agency, without a court order, may sell by...

Section 33-5A-6 - Proceeds of the Sale. - The proceeds of the sale of an abandoned or derelict...

Section 33-5A-7 - Right to Contest Sale. - (a) The current owners, registrants, secured parties, and lienholders of...

Section 33-5A-8 - Right of Redemption. - (a) Where a vessel, or an interest in a vessel,...

Section 33-5A-9 - Alabama Abandoned and Derelict Vessel Fund. - (a) There is established a special fund within the State...

Section 33-5A-10 - Unattended Vessel Check. - (a) A law enforcement officer may perform an unattended vessel...

Section 33-5A-11 - Refusal or Failure to Remove Derelict Vessel. - (a) It is unlawful for a person who is the...

Section 33-5A-12 - Rulemaking Authority. - The Alabama State Law Enforcement Agency may adopt rules for...

Chapter 6 - Discharge of Litter and Sewage From Watercraft.

Section 33-6-1 - Definitions. - For purposes of this chapter, the following terms shall have...

Section 33-6-3 - Restrictions on Use of Marine Toilets. - (a) No marine toilet on any watercraft used or operated...

Section 33-6-4 - Rules, Regulations and Orders Generally - Adoption by Board of Health; Approval by Commissioner of Conservation and Natural Resources or Governor. - THIS SECTION WAS REPEALED IN THE 2002 REGULAR SESSION BY...

Section 33-6-5 - Rules, Regulations and Orders Generally - Contents; Compatibility of Marine Toilet Standards With Federal Standards. - THIS SECTION WAS REPEALED IN THE 2002 REGULAR SESSION BY...

Section 33-6-6 - Marine Toilets to Be Certified and Approved by Board of Health. - THIS SECTION WAS REPEALED IN THE 2002 REGULAR SESSION BY...

Section 33-6-7 - On-Shore Trash Receptacles at Marinas, Etc. - The owner or whoever is lawfully vested with the possession,...

Section 33-6-8 - Public Education Program. - THIS SECTION WAS REPEALED IN THE 2002 REGULAR SESSION BY...

Section 33-6-9 - Expenditures by Board of Health. - THIS SECTION WAS REPEALED IN THE 2002 REGULAR SESSION BY...

Section 33-6-10 - Enforcement of Chapter, Rules, etc.; Prosecutions Under Chapter; Violations and Penalties. - (a) This chapter and rules and orders adopted under this...

Section 33-6-11 - Disposition of Fines Under Chapter. - All fines paid or collected hereunder shall be paid into...

Section 33-6-12 - Applicability of Chapter, Rules, Regulations, etc.; Conflicts With Other Regulations, Ordinances or Laws. - This chapter and rules and regulations and orders hereunder shall...

Chapter 6A - Recreational Vessel and Residence Boat Seweage Discharges Regulated.

Section 33-6A-1 - Definitions. - For the purpose of this chapter, the following terms shall...

Section 33-6A-2 - Rules and Regulations. - The department shall be the agency of the state responsible...

Section 33-6A-3 - Prohibited Activities. - (a) Discharge of untreated sewage is prohibited in all waters...

Section 33-6A-3.1 - Use on Specified Lakes of Houseboats, Vessels of Large Size, and Vessels With Certain Speed Ratings. - (a) The prohibitions in this section shall apply only to...

Section 33-6A-4 - Compliance With Federal Laws, Etc. - Every recreational vessel and residence boat owner, operator, and occupant...

Section 33-6A-5 - Pump-Out Stations at Marinas. - An owner, operator, employee, or agent of a marina which...

Section 33-6A-6 - Annual Inspection of Vessels; Decal; Citations; Fees. - Every recreational vessel required to be registered in Alabama or...

Section 33-6A-7 - Public Education Program. - The department is hereby authorized to undertake and to enlist...

Section 33-6A-8 - Violations. - (a) Marine police officers or any duly sworn peace officer...

Section 33-6A-9 - Disposition of Fines. - All fines paid or collected under this chapter shall be...

Chapter 7 - Obstructing Navigation and Dams.

Article 1 - In General.

Section 33-7-1 - Navigable Waters as Public Thoroughfares. - All navigable waters in this state are public thoroughfares.

Section 33-7-2 - Opening and Cleaning Navigable Streams. - The county commission is authorized to make contracts for opening...

Section 33-7-3 - Obstructing Navigable Watercourse. - Any person who dams up or otherwise obstructs a navigable...

Section 33-7-3.1 - Obstructing Navigation on Public Waters. - (a) Any person who anchors, moors, or abandons a floating...

Section 33-7-4 - Damages for Diverting Stream. - Any person diverting any stream, whether navigable or not, from...

Section 33-7-5 - Obstructing Streams Used for Floating Timber to Market. - Any person who, during the season of high waters, leaves...

Section 33-7-6 - Floating Logs, Timber or Lumber Upon Watercourse Without Sufficient Force to Prevent Obstruction. - Any person who floats any logs, timber or lumber upon...

Section 33-7-7 - Turning Logs, Timber or Lumber Out of Boom Without Notice to Owner. - Any person owning or controlling any boom in any navigable...

Section 33-7-8 - Opening or Cutting Loose Boom Without Authority. - Any person who opens the boom of another for any...

Section 33-7-9 - Trespass After Warning on Booms, Bulkheads or Piles Erected, etc., by Riparian Proprietors. - Any person who, having been warned within the 12 months...

Section 33-7-10 - Mobile Harbor - Fastening Vessels, Rafts, etc., and Obstructing Channel in Mobile Bay. - Any person who makes any vessel, boat or watercraft of...

Section 33-7-11 - Mobile Harbor - Injuring Ship Channel, Beacon Light, Etc. - Any person who knowingly or wilfully causes, or is concerned...

Section 33-7-12 - Mobile Harbor - Master of Vessel Drawing More Than 12 Feet Passing Channel Without Permit, Etc. - Any master or person in charge of any vessel drawing...

Article 2 - Dams on Navigable Rivers.

Section 33-7-30 - Easement and Right to Construct Dams Across Navigable Rivers. - Any person, firm or corporation organized for the purpose of...

Section 33-7-31 - Eminent Domain; Improvement of Navigation. - Any such person, firm or corporation may exercise the power...

Section 33-7-32 - Prior Rights. - The person, firm or corporation which first, in point of...

Article 3 - Rights of Riparian Owners.

Section 33-7-50 - Installing, etc., Wharves, Docks, etc.; Charging Tolls. - The owner of riparian lands upon navigable waters in the...

Section 33-7-51 - Structures Not to Obstruct Navigation, etc.; Restriction on Tolls; Repossession by Legislature. - No such structure shall be built or maintained upon or...

Section 33-7-52 - Tolls, etc., Charged Subject to Regulation by Legislature. - All tolls, imposts, charges and duties authorized hereunder for the...

Section 33-7-53 - Development and Relief Work Upon and Abutting on Tidelands. - In order to encourage the building of bridges, causeways and...

Section 33-7-54 - Dredging or Cleaning Creeks, etc., Running Through Property Permitted; Limitations on Right. - Any law, or any rule or regulation promulgated by a...

Chapter 8 - Tombigbee-Tennessee Waterway Development Compact.

Section 33-8-1 - Authorization; Provisions Generally; Legislative Approval and Ratification. - The Governor on behalf of this state is hereby authorized...

Section 33-8-2 - Appropriation; Expenditures. - The sum of $100,000.00, or so much thereof as may...

Section 33-8-3 - Powers of Governor, Members of Authority, Compact Administrator and State Officers. - There is hereby granted to the Governor, to the members...

Section 33-8-4 - When Chapter to Become Effective. - This chapter shall become effective immediately upon its passage and...

Chapter 9 - Ameraport Deep Draft Harbor and Terminal Compact.

Section 33-9-1 - "Deep Draft Harbor and Terminal" Defined. - For the purpose of the compact set out in this...

Section 33-9-2 - Authorization; Provisions. - The Governor, on behalf of this state, is hereby authorized...

Chapter 10 - Ameraport Offshore Harbor and Terminal Commission.

Section 33-10-1 - Definitions. - In this chapter, these terms shall have the following meanings,...

Section 33-10-2 - Purpose of Chapter. - It is the intent and purpose of this chapter to...

Section 33-10-3 - Composition; Appointment, Qualifications, Terms and Removal of Members; Vacancies; Officers Generally. - The commission shall be composed of the Governor, who shall...

Section 33-10-4 - Compensation and Expenses of Members. - All members of the commission are entitled to receive reimbursement...

Section 33-10-5 - Meetings; Quorum. - The commission shall meet at least once each month and...

Section 33-10-6 - Executive Director - Commission to Employ; Term. - The commission shall employ an executive director to serve at...

Section 33-10-7 - Executive Director - Duties Generally. - The executive director, under policies adopted by the commission, shall...

Section 33-10-8 - Executive Director - Duties as to Minutes, Files and Records. - The executive director shall keep full and accurate minutes of...

Section 33-10-9 - Executive Director - to Be Secretary to Board of Commissioners; Compensation; Employment of Personnel. - The executive director, in addition to his usual functions, shall...

Section 33-10-10 - Compensation of Employees. - Employees of the commission are entitled to compensation as provided...

Section 33-10-11 - Rules. - After proper notice and hearing, the commission shall adopt rules...

Section 33-10-12 - Soliciting, etc., Money and Other Assistance. - The commission may apply for, request, solicit, contract for, receive...

Section 33-10-13 - Information, etc., Property of State; Records Open to Inspection. - All information, documents and data collected by the commission in...

Section 33-10-14 - Powers and Duties Generally. - The commission shall formulate general policy to govern the agency...

Section 33-10-15 - Certain Powers Enumerated. - The commission is granted all powers capable of being delegated...

Section 33-10-16 - Promotion, Operation, etc., of Development Program; Contracts, etc., With Other Agencies. - The commission shall be vested with exclusive and plenary authority...

Section 33-10-17 - Jurisdiction; Right to Acquire Waterbottoms. - The commission shall have exclusive jurisdiction over the commission development...

Section 33-10-18 - Lease of State-Owned Waterbottoms. - To enable the commission to perform the work herein provided,...

Section 33-10-19 - Lease of State Lands; Petroleum and Commodity Terminal; Compensation of Oyster Lessees. - The commission may lease or sublease lands leased from the...

Section 33-10-20 - Protection of Coastal Environment. - The commission is hereby empowered to take all necessary steps...

Section 33-10-21 - Contracts for Public Utilities. - The commission may contract with any agency, public or private,...

Section 33-10-22 - Purchase of Vehicles, Equipment, Etc. - Where the commission deems it advisable and in the public...

Section 33-10-23 - Intergovernmental Contracts. - The commission may enter into intergovernmental contract agreements with existing...

Section 33-10-24 - Issuance of Bonds. - The commission is granted the power to incur debt and...

Section 33-10-25 - Exemption From Taxation; Servicing of Bonds. - It is the intent of this chapter that the commission...

Section 33-10-26 - When Commission to Cease to Exist. - The commission created by this chapter shall cease to exist...

Chapter 12 - Elk River Development Agency.

Section 33-12-1 - Establishment. - In the interest of the unified development of the Alabama...

Section 33-12-2 - Organization; Appointment, Qualifications, Terms, etc., of Directors. - The organization and establishment of the agency shall be as...

Section 33-12-3 - Procedure for Incorporation. - To become a corporation, the members of the board of...

Section 33-12-4 - Election of Officers; Designating Time and Place for Meetings; Compensation and Expenses of Directors. - (a) Upon completion of the membership of the baord and...

Section 33-12-5 - Powers, Duties and Functions. - The powers, duties and functions of the agency shall be...

Section 33-12-6 - Contributions to Work of Agency; Tax Levy by Governing Bodies. - Lauderdale and Limestone Counties and the municipalities located in the...

Section 33-12-7 - Annual Reports. - The board of directors of the agency shall report annually...

Section 33-12-8 - Cooperation and Assistance of Other Agencies. - All agencies of the State of Alabama are hereby authorized...

Section 33-12-9 - Advisory Board. - For the purpose of coordinating its activities with the needs...

Section 33-12-10 - Construction of Chapter. - This chapter shall be considered supplemental and additional to any...

Chapter 13 - Alabama Port Authority.

Section 33-13-1 - Definitions. - The following words and phrases, wherever used in this chapter,...

Section 33-13-2 - Legislative Intent; Construction of Chapter. - It is the intention of the Legislature by the passage...

Section 33-13-3 - Authorization to Form Public Corporation. - The Governor, the Director of Finance, one member of the...

Section 33-13-4 - Procedure for Incorporation. - To become a corporation, the Governor, the Director of Finance,...

Section 33-13-5 - Certificate of Incorporation; No Fees to Be Paid to Secretary of State. - When the application has been made, filed and recorded, as...

Section 33-13-6 - Members, Officers and Directors; Meetings; Record of Proceedings. - The authority shall be composed of the Governor, the Director...

Section 33-13-7 - Powers Enumerated. - The authority shall have the following powers: (1) To have...

Section 33-13-8 - Fiscal Year; Reports and Recommendations. - The authority shall have the same fiscal year as the...

Section 33-13-9 - Bonds - Generally. - There are hereby authorized to be issued bonds of the...

Section 33-13-10 - Bonds - State Docks Facilities Reserve Fund. - There is hereby created a special fund to be designated...

Section 33-13-11 - Bonds - Refunding Bonds. - The authority may from time to time sell and issue...

Section 33-13-12 - Bonds - Disposition of Proceeds; Investments. - The authority shall pay out of the proceeds from the...

Section 33-13-13 - Bonds - State Treasurer to Pay Principal and Interest of Bonds; Records. - The State Treasurer is authorized and directed to pay the...

Chapter 15 - Bear Creek Development Authority.

Section 33-15-1 - Definitions. - The following words and phrases used in this chapter, and...

Section 33-15-2 - Authorization and Establishment; Purpose; Public Corporation and Political Subdivision. - In the interest of the unified development of Bear Creek...

Section 33-15-3 - Procedure for Incorporation. - To become a corporation, the persons who are designated to...

Section 33-15-4 - Composition of Board of Directors; Appointment, Qualifications and Terms of Members; Vacancies in Office. - The board of directors of the authority shall consist of...

Section 33-15-5 - Initial Meeting of Board; Expenses of Directors; Quorum; Acquisition by Eminent Domain of Certain Property or Rights Not Authorized. - (a) As soon as may be practicable after completion of...

Section 33-15-6 - Powers, Duties and Functions Generally. - The general powers, duties and functions of the authority shall...

Section 33-15-7 - Rates, Fees and Charges; User Permits. - (a) Rates, fees and charges for services rendered by the...

Section 33-15-8 - Bonds and Other Obligations - Generally. - All bonds issued by the authority shall be signed by...

Section 33-15-9 - Bonds and Other Obligations - Contracts to Secure Bonds and Other Obligations. - As security for payment of the principal of and interest...

Section 33-15-10 - Bonds and Other Obligations - Statutory Mortgage Lien. - Any resolution of the board of directors or trust indenture,...

Section 33-15-11 - Bonds and Other Obligations - Use of Proceeds From Sale of Bonds. - All moneys derived from the sale of any bonds issued...

Section 33-15-12 - Exemption From Taxation, Etc. - The authority, its income, the property of the authority while...

Section 33-15-13 - Monetary Contributions by Certain Counties and Municipalities. - Marion, Colbert, Franklin and Winston Counties and the municipalities named...

Section 33-15-14 - Freedom of Authority From Supervision and Control. - This chapter is intended to aid the State of Alabama...

Section 33-15-15 - Annual Reports. - The board of directors of the authority shall report annually...

Section 33-15-16 - Use of Public Roads. - The authority is hereby authorized to use the rights-of-way of...

Section 33-15-17 - Cooperation of State Agencies. - All agencies of the state are hereby authorized and directed...

Section 33-15-18 - Advisory Board. - For the purpose of coordinating its activities with the needs...

Section 33-15-19 - Chapter Cumulative; Construction of Chapter. - This chapter shall be considered supplemental and additional to any...

Chapter 16 - Coosa Valley Development Authority.

Section 33-16-1 - Definitions. - The following words and phrases used in this chapter, and...

Section 33-16-2 - Legislative Intent; Construction of Chapter. - The Legislature hereby makes the findings of facts and declaration...

Section 33-16-3 - Authorization to Form Public Corporation. - The Governor, the Lieutenant Governor, the Speaker of the House...

Section 33-16-4 - Procedure for Incorporation. - To become a corporation, the Governor, the Lieutenant Governor, the...

Section 33-16-5 - Certificate of Incorporation; No Fees to Be Paid to Secretary of State. - When the application has been made, filed and recorded, as...

Section 33-16-6 - Members, Officers and Directors; Records of Proceedings. - The applicants named in the application and their respective successors...

Section 33-16-7 - Duties and Obligations Which May Be Undertaken. - The authority may undertake and discharge the duties and obligations...

Section 33-16-8 - Powers Enumerated. - The authority shall have the following powers: (1) To have...

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Code of Alabama Title 33 - Navigation and Watercourses.

Code of Alabama
Title 33 - Navigation and Watercourses.