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Article 1 - General Provisions.
Section 9-13-1 - Gifts of Lands for State Forests. - The Governor may, upon the recommendation of the State Forestry...
Section 9-13-2 - Distribution and Expenditure of Receipts From National Forests. - Promptly after receipt by the state of any moneys from...
Section 9-13-3 - Assistance, etc., of Private Landowners; Suppression of Forest Fires, etc.; Promotion and Development of Forestry, etc.; Acquisition, Management and Disposition of Land; Officers, Assistants and Employees. - (a) The commission shall give such advice, assistance and cooperation...
Section 9-13-4 - Alabama Forestry Commission Fund. - There shall be a fund known as the Alabama Forestry...
Section 9-13-5 - Designation or Appointment of Forest Wardens; Duties. - All sheriffs, deputy sheriffs, constables, marshals and such other persons...
Section 9-13-6 - Forest Fire Wardens - Appointment; Duties Generally. - The State Forester shall have the power to appoint any...
Section 9-13-7 - Forest Fire Wardens - Right of Entry Upon Lands for Construction of Fire Lines, Etc. - Persons so appointed as forest wardens shall be empowered to...
Section 9-13-8 - Forest Fire Wardens - Issuance to and Use of Fire-Fighting Equipment. - At the discretion of the State Forester, such forest fire...
Section 9-13-9 - Forest Fire Wardens - Compensation. - The State Forester, with the approval of the state merit...
Section 9-13-10 - Powers of State Forestry Commission Employees as to Enforcement of Laws, Prevention and Suppression of Forest Fires, Etc. - All employees of the State Forestry Commission appointed as forest...
Section 9-13-10.1 - Assistance of State Forestry Commission in Control and Suppression of Wildfires by Other State Agencies. - All state agencies, in the performance of their duties and...
Section 9-13-10.2 - Rulemaking Authority; Violations; Enforement. - (a)(1) The State Forestry Commission may adopt, alter, amend, or...
Section 9-13-11 - Willful, Malicious, or Intentional Setting on Fire, etc., of Woodlands, Grasslands, etc.; Burning Permits; Fire Alerts; Organized Forest Fire Protection; Fines. - (a) It shall be a Class C felony for every...
Section 9-13-12 - Uncontrolled Fires Declared Public Nuisances; Liability for Refusal or Neglect to Control or Extinguish Same. - Any fire burning uncontrolled on any forested, cutover, brushland or...
Section 9-13-13 - Setting on Fire, etc., of Woods, etc., Without Written Notice to Adjacent Landowners. - Any person or corporation who shall set fire to or...
Section 9-13-14 - Equipping of Locomotives, etc., With Appliances to Prevent Escape of Fire. - Logging and railroad locomotives, donkey and threshing engines and other...
Section 9-13-15 - Attachment of Wires, etc., to Trees in Towns or Cities by Lighting or Power Companies. - No electric lighting or power company shall attach any wires...
Section 9-13-22 - District Attorneys to Prosecute Violators of Provisions of Chapter. - The district attorneys of the several counties shall prosecute all...
Section 9-13-23 - Jurisdiction of Prosecutions Under Chapter. - The district courts of this state shall have jurisdiction to...
Section 9-13-24 - Fees of Arresting Officers, etc.; Informers' Fees. - When an arrest for a violation of the provisions of...
Section 9-13-25 - Forestry Study Committee Established; Membership; Meetings; Duties; Powers; Expenses; Reports. - REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE...
Article 2 - Auxiliary State Forests.
Section 9-13-40 - Declaration of Public Policy; Deferred Taxation of Timber on Lands Designated as Auxiliary State Forests Authorized and Directed. - It is the declared policy of the state to encourage...
Section 9-13-41 - Designation of Lands as Auxiliary State Forests - Applications. - Any owner of lands desiring to devote the same to...
Section 9-13-42 - Designation of Lands as Auxiliary State Forests - When Abstract of Title, etc., Required; Release of Dower or Homestead Rights. - The State Forestry Commission may, in its discretion, require the...
Section 9-13-43 - Designation of Lands as Auxiliary State Forests - Inspection of Lands; Drafting and Execution of Contracts. - Upon the filing of such application, the State Forestry Commission...
Section 9-13-44 - Designation of Lands as Auxiliary State Forests - Contents of Contracts. - The Governor may, at his discretion, upon designation of any...
Section 9-13-45 - Abrogation of Contracts. - If any owner or the successor in title of any...
Section 9-13-46 - Withdrawing of Lands as Auxiliary State Forests; Harvesting or Use of Timber Without Withdrawing of Lands; Payment of Privilege Tax Generally. - (a) Any owner of land designated as auxiliary state forests...
Section 9-13-47 - Appraisal of Timber Upon Withdrawal of Lands as State Harvests, etc.; Privilege Tax. - Upon withdrawal of said lands or any part thereof as...
Section 9-13-48 - Lien on Timber for Payment of Privilege Taxes; Collection of Other Taxes, Etc. - The state shall have a lien upon the timber on...
Section 9-13-49 - Disposition of Privilege Taxes. - Said privilege tax shall be paid to the State Forestry...
Section 9-13-50 - Maintenance of Records as to Auxiliary State Forests. - The State Forestry Commission shall keep a book in which...
Article 3 - Regulations as to Cutting, Removal, Purchase, etc., of Forest Products.
Section 9-13-60 - Unauthorized Cutting, Removal, Transportation, etc., of Timber or Other Forest Products. - (a) It is unlawful for any person or persons to...
Section 9-13-61 - Charges in Affidavits, Informations or Indictments Under Article; Proof of Title, Etc. - In any affidavit, information or indictment under this article, the...
Section 9-13-62 - Liability. - Any person or entity who damages, destroys, cuts, or removes...
Section 9-13-63 - Record of Purchases, etc., of Manufactured or Semimanufactured Forest Products; Provision of False Information to Purchasers, etc.; Failure to Maintain Record, Etc. - Any person, firm, or corporation buying, contracting to buy, or...
Section 9-13-64 - Powers of State Forestry Commission Employees as to Enforcement of Article, Etc. - All employees of the State Forestry Commission shall have the...
Section 9-13-65 - Disposition of Fines. - All fines collected from violations of Sections 9-13-60 and 9-13-63...
Article 4 - Forest Products Privilege and Severance Taxes.
Section 9-13-80 - Definitions. - The following words, terms, and phrases, when used in this...
Section 9-13-81 - Levy of Severance Tax; Lien Upon Forest Products, etc., for Payment of Tax. - To provide further for conservation of the natural resources of...
Section 9-13-82 - Rates; Additional Taxes; Exemption; Legislative Intent. - (a) The measure of the forest products severance tax is...
Section 9-13-83 - Exemptions From Taxes. - The taxes levied by this article shall not apply to...
Section 9-13-84 - (a) The taxes imposed by this article, and any other...
Section 9-13-85 - Expenditures for Forest Protection. - Repealed by Act 2017-301, ยง 4, effective July 1, 2017.
Section 9-13-86 - Filing of Quarterly Reports and Payment of Taxes - Manufacturers and Processors; Payment of Taxes. - Every manufacturer and processor, within 30 days after the expiration...
Section 9-13-87 - Filing of Quarterly Reports and Payment of Taxes - Producers of Forest Products Shipping, etc., Same Out of State in Unmanufactured Condition. - Every producer of forest products who shall ship the same...
Section 9-13-88 - Recordkeeping Requirements. - It shall be the duty of every manufacturer and processor...
Section 9-13-90 - Failure to Make Reports or Maintain Records. - Any person subject to the provisions of this article who...
Section 9-13-93 - When Taxes Delinquent. - The taxes provided in this article shall become delinquent after...
Section 9-13-99 - Lien Upon Property for Payment of Taxes, Interest and Penalties. - The taxes together with interest and penalties imposed by this...
Section 9-13-103 - Proceedings as to Persons Designing to Engage in Acts Prejudicial to Collection of Taxes, Etc. - If the department finds that a person liable for taxes...
Section 9-13-104 - Reports of Transporters of Forest Products - Required. - When requested by the department, all transporters of forest products...
Section 9-13-105 - Reports of Transporters of Forest Products - Failure to Make Report. - The failure of any person to make the transporter's report...
Section 9-13-106 - Payment of Taxes by Counties or Municipalities Purchasing Forest Products. - When the governing body of any county or municipality in...
Section 9-13-107 - Forest Products to Which Taxes Imposed by Article Applicable. - The taxes imposed by this article shall apply to any...
Section 9-13-108 - Taxes Upon the Excise or Privilege of Severing or Manufacturing of Forest Products. - Any and all taxes upon the excise or privilege of...
Section 9-13-109 - Legislative Findings. - (a) The Legislature finds and declares that the intent of...
Section 9-13-110 - Legislative Intent. - It is the intent of the Legislature that the forest...
Article 5 - Protection of Forest Trees From Insect Infestation or Tree Disease Infection.
Section 9-13-120 - Definitions. - As used in this article, the following words and phrases...
Section 9-13-121 - Investigations as to Existence of Insect Infestations or Disease Infections; Notice to Landowners of Existence of Same; Recommended Control Measures, Etc. - Where an insect infestation or disease infection is believed to...
Section 9-13-122 - Declaration of Existence of Control Zones, Etc. - Whenever the State Forester determines that there exists an infestation...
Section 9-13-123 - Notice to Landowners Upon Establishment of Control Zones; Powers of State Forester Where Landowner Fails or Refuses to Initiate Control Measures. - On the establishment of a control zone, the State Forester...
Section 9-13-124 - Dissolution of Control Zones. - Whenever the State Forestry Commission determines that insect or disease...
Section 9-13-125 - Cooperative Agreements With Federal Government, Public or Private Agencies and Landowners. - In order to accomplish the suppression, eradication and destruction of...
Section 9-13-126 - Control of Forest Tree Insects and Diseases Fund. - There is hereby created in the State Treasury a special...
Article 6 - Fire Prevention in Emergency Drought Conditions.
Section 9-13-140 - Declaration of Drought Emergency Conditions. - Whenever conditions exist in any county or counties in this...
Section 9-13-141 - Setting Fires, Building Campfires or Burning Trash During Drought Emergencies; Backfires. - At such time as the State Forestry Commission has declared...
Section 9-13-142 - Penalties for Violations of Provisions of Article. - Any person violating any provision of this article shall be...
Article 7 - County Taxes and Assessments for Forest and Forest Fire Protection.
Division 1 - Special Taxes for Forest Protection.
Section 9-13-160 - "Forestland" Defined. - "Forestland" shall mean any land which supports a forest growth...
Section 9-13-161 - Special Annual Tax for Forest Protection - Authorized. - For the purpose of receiving the financial and supervisory cooperation...
Section 9-13-162 - Special Annual Tax for Forest Protection - Designation of Forest Protection Areas. - The State Forestry Commission is hereby empowered and directed to...
Section 9-13-163 - Special Annual Tax for Forest Protection - Assessment and Levy of Tax Upon Petition of Freeholders in Forest Protection Areas. - For the purpose of receiving the financial and supervisory cooperation...
Section 9-13-164 - Special Annual Tax for Forest Protection - Provision of List of Landowners Within Forest Protection Areas. - The State Forestry Commission is hereby empowered and directed to...
Section 9-13-165 - Special Annual Tax for Forest Protection - Inspection, Designation, Listing and Placement on Tax Rolls of Lands Prior to Assessment and Levy. - The tax provided for in Section 9-13-161 shall not be...
Section 9-13-166 - Special Annual Tax for Forest Protection - Collection, Disposition and Expenditure. - The tax so assessed shall be collected as other taxes...
Section 9-13-167 - Special Annual Tax for Forest Protection - Change or Discontinuance of Tax Upon Petition of Freeholders or State Forestry Commission. - The tax provided for in Section 9-13-161 shall remain the...
Division 2 - Assessments for Forest Fire Protection.
Section 9-13-180 - "Forestlands" Defined. - "Forestlands" shall mean any lands which support a forest growth,...
Section 9-13-181 - Participation by County Commissions in Fire Protection Program of State Forestry Commission - Authorized. - The county commission of any county in this state is...
Section 9-13-182 - Participation by County Commissions in Fire Protection Program of State Forestry Commission - Assessments Against Owners of Forestlands for Costs - Authorized; Limitations. - Any county commission which provides forest fire protection to the...
Section 9-13-183 - Participation by County Commissions in Fire Protection Program of State Forestry Commission - Assessments Against Owners of Forestlands for Costs - Determination of Need Therefor; Determination and Establishment of Amount. - The need for special assessments to provide forest fire protection...
Section 9-13-184 - Participation by County Commissions in Fire Protection Program of State Forestry Commission - Assessments Against Owners of Forestlands for Costs - Time and Manner of Payment; Reports to Tax Assessors; Lien on Property for Payment. - Any assessment fixed as provided in Section 9-13-183 shall be...
Section 9-13-185 - Participation by County Commissions in Fire Protection Program of State Forestry Commission - Assessments Against Owners of Forestlands for Costs - Disposition and Expenditure. - All moneys accruing to any county from the assessments as...
Section 9-13-186 - Participation by County Commissions in Fire Protection Program of State Forestry Commission - Assessments Against Owners of Forestlands for Costs - Compensation of Officials Making or Collecting Same. - Any officer performing any duties relative to the assessing or...
Section 9-13-187 - Participation by County Commissions in Fire Protection Program of State Forestry Commission - Assessments Against Owners of Forestlands for Costs - Removal. - The county commission in any county where the assessment provided...
Article 7A - State Assessment for Forest Fire Protection and Prevention.
Section 9-13-188 - Legislative Intent. - The Legislature hereby declares that the threat of a spread...
Section 9-13-189 - Definitions. - As used in this article, the following words shall have...
Section 9-13-190 - Administration; Rules and Regulations. - The forestry and fire prevention program provided for in this...
Section 9-13-191 - Finance Charge, Fee or Assessment on Forest Land; Disposition of Proceeds. - There is hereby levied in this state a finance charge,...
Section 9-13-192 - Manner of Collection of Charge, Fee, or Assessment; Distribution. - The charge, fee, or assessment will be levied and collected...
Section 9-13-193 - Referendum; Amount of Assessment; Payment and Remission of Assessment; Notice of Referendum. - (a) The commission shall authorize a referendum among owners or...
Section 9-13-194 - Management of Referendum. - The arrangements for the place, time and management of any...
Section 9-13-195 - Referendum After Failed Referendum. - In the event the referendum conducted under this article fails...
Section 9-13-196 - Failure to Pay Assessment; Penalty; Lien on Property. - (a) An owner or lessee of forest land who fails...
Section 9-13-197 - Change in Finance Charge, Fee or Assessment. - Any county may, by local legislation, increase the amount of...
Section 9-13-198 - Assessments, Fees, etc., Not a Tax. - Assessments, fees, or other charges collected as authorized under authority...
Article 8 - Southeastern Interstate Forest Fire Protection Compact.
Section 9-13-200 - Authorized; Form. - The governor on behalf of this state is hereby authorized...
Section 9-13-201 - Payment of Expenses of Advisory Committee in Attending Meetings. - The expenses incurred by the advisory committee in attending meetings...
Article 9 - Timber Theft Equipment Condemnation.
Section 9-13-220 - Short Title. - This article shall be known as the Timber Theft Equipment...
Section 9-13-221 - Seizure of Vehicle and Equipment Upon Arrest for Certain Criminal Violations; Delivery to District Forester. - It shall be the duty of any sheriff, policeman, forestry...
Section 9-13-222 - Report of Seizure to District Attorney. - Within five days after the arrest of any person for...
Section 9-13-223 - Report to District Attorney After Conviction of Person for Theft of Timber or Lumber. - Within five days after the final conviction of any person...
Section 9-13-224 - Notice to Creditors; Institution of Condemnation Proceedings; Legal Title to Equipment. - At least 60 days prior to the institution of condemnation...
Section 9-13-225 - Forfeiture of Equipment Upon Judgment; Costs of Proceedings; State Forester to Keep Records. - When any judgment of condemnation or forfeiture is made in...
Section 9-13-226 - Use of Proceeds From Sale of Equipment; Award and Distribution Determined by State Forester. - In the event the seized items are sold, the proceeds...
Section 9-13-227 - Provisions Cumulative. - The provisions of this article are cumulative and should not...
Article 10 - Ginseng Regulation.
Section 9-13-240 - Findings and Purpose. - The Legislature has found that ginseng Panax quinquefolius L., is...
Section 9-13-241 - Definitions. - As used in this article, the following words shall have...
Section 9-13-242 - Collection of Ginseng. - (a) The season for the legal collection of ginseng shall...
Section 9-13-243 - Registration of Ginseng Dealers, Growers and Collectors. - Ginseng dealers, collectors and growers shall register annually with the...
Section 9-13-244 - Record Keeping Requirements. - (a) Ginseng dealers shall keep records on forms provided by...
Section 9-13-245 - Exportation of Ginseng From Alabama. - (a) Any person who has ginseng in any quantity and...
Section 9-13-246 - Promulgation of Rules and Regulations. - The commissioner is empowered with the approval of the board...
Section 9-13-247 - Monitoring Program Conducted. - The commissioner shall conduct or cause to be conducted a...
Section 9-13-248 - Right of Entry. - The commissioner shall have power to enter into or upon...
Section 9-13-249 - Refusal or Recall of Permits, Etc. - (a) The commissioner shall have the power to refuse to...
Section 9-13-250 - Violations. - (a) Any person who shall violate any provision or requirement...
Article 11 - Prescribed Burning.
Section 9-13-270 - Short Title. - This article may be cited as the "Alabama Prescribed Burning...
Section 9-13-271 - Legislative Findings. - (a) The Legislature hereby finds and declares that the application...
Section 9-13-272 - Definitions. - As used in this article, the following words shall have...
Section 9-13-273 - Liability for Damage Caused by Fire; Requirements; Rules and Guidelines; Fees for Certification or Training. - (a) No property owner or his or her agent, conducting...
Section 9-13-274 - No Certification as Prescribed Burn Manager Required in Certain Circumstances. - Nothing in this article shall be construed as requiring certification...