Forestry & Related Laws

Title 9, Chapter 3

Section 9-3-1 Created; composition; qualifications, appointment and terms of office of members.
Section 9-3-2 Officers; meetings; quorum; record of proceedings; compensation and expenses of members.
Section 9-3-3 Vacancies.
Section 9-3-4 Powers and duties generally.
Section 9-3-5 State forester.
Section 9-3-6 Assistant State Forester.
Section 9-3-7 Offices.
Section 9-3-8 Members of commission not eligible for certain employments.
Section 9-3-9 Promulgation of rules and regulations.
Section 9-3-10 Alabama Forestry Commission Fund.
Section 9-3-10.1 Emergency Forest Fire, Insect and Disease Fund; creation; annual automatic appropriation; ceiling on amount; expenditures; replenishment; Governor's approval.
Section 9-3-11 Steering committee to represent rural community fire departments - Creation.
Section 9-3-12 Steering committee to represent rural community fire departments - Membership; appointment, qualifications and term of office of members; filling of vacancies in office.
Section 9-3-13 Steering committee to represent rural community fire departments - Recommendations to State Forester.
Section 9-3-14 Steering committee to represent rural community fire departments - Meetings; quorum.
Section 9-3-15 Steering committee to represent rural community fire departments - Compensation and expenses of members.
Section 9-3-16 Advisory committee on general forestry matters.
Section 9-3-17 Certification as volunteer fire department.
Section 9-3-18 Public governmental entities, political subdivisions, etc., authorized to make donations to organizations deemed public in nature.
Section 9-3-19 Donation of fire control property.

Title 9, Chapter 13
Article 1 - General Provisions

Section 9-13-1 Gifts of lands for state forests
Section 9-13-2 Distribution and expenditure of receipts from national forests
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
Section 9-13-4 Alabama Forestry Commission Fund
Section 9-13-5 Designation or appointment of forest wardens; duties
Section 9-13-6 Forest fire wardens - Appointment; duties generally
Section 9-13-7 Forest fire wardens - Right of entry upon lands for construction of fire lines, etc.
Section 9-13-8 Forest fire wardens - Issuance to and use of fire-fighting equipment
Section 9-13-9 Forest fire wardens - Compensation
Section 9-13-10 Powers of State Forestry Commission employees as to enforcement of laws, prevention and suppression of forest fires, etc.
Section 9-13-10.1 Assistance of State Forestry Commission in control and suppression of wildfires by other state agencies
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
Section 9-13-12 Uncontrolled fires declared public nuisances; liability for refusal or neglect to control or extinguish same
Section 9-13-13 Setting on fire, etc., of woods, etc., without written notice to adjacent landowners.
Section 9-13-14 Equipping of locomotives, etc., with appliances to prevent escape of fire
Section 9-13-15 Attachment of wires, etc., to trees in towns or cities by lighting or power companies
Section 9-13-22 District attorneys to prosecute violators of provisions of chapter
Section 9-13-23 Jurisdiction of prosecutions under chapter
Section 9-13-24 Fees of arresting officers, etc.; informers; fees
Section 9-13-25 Forestry Study Committee established; membership; meetings; duties; powers; expenses; reports

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
Section 9-13-41 Designation of lands as auxiliary state forests - Applications
Section 9-13-42 Designation of lands as auxiliary state forests - When abstract of title, etc., required; release of dower or homestead rights
Section 9-13-43 Designation of lands as auxiliary state forests - Inspection of lands; drafting and execution of contracts
Section 9-13-44 Designation of lands as auxiliary state forests - Contents of contracts
Section 9-13-45 Abrogation of contracts
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
Section 9-13-47 Appraisal of timber upon withdrawal of lands as state harvests, etc.; privilege tax
Section 9-13-48 Lien on timber for payment of privilege taxes; collection of other taxes, etc.
Section 9-13-49 Disposition of privilege taxes
Section 9-13-50 Maintenance of records as to auxiliary state forests

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

Section 9-13-60 Unauthorized cutting, removal, transportation, etc., of timber or other forest products
Section 9-13-61 Charges in affidavits, information or indictments under article; proof of title, etc.
Section 9-13-62 Liability
Section 9-13-63 Record of purchases, etc., of manufactured or semi-manufactured forest products; provision of false information to purchasers, etc.; failure to maintain record, etc.
Section 9-13-64 Powers of State Forestry Commission employees as to enforcement of article, etc.
Section 9-13-65 Disposition of fines

Article 4 - Forest Products Privilege and Severance Taxes

Section 9-13-80 Definitions
Section 9-13-81 Levy of severance tax; lien upon forest products, etc., for payment of tax
Section 9-13-82 Rates; additional privilege tax upon processors of or manufacturers using forest products; taxation of round wood pulpwood converted into chips
Section 9-13-83 Exemptions from taxes
Section 9-13-84 Payment and disposition of taxes generally; Special State Forestry Fund; appropriation of tax receipts for use of State Forestry Commission
Section 9-13-85 Expenditures for forest protection
Section 9-13-86 Filing of quarterly reports and payment of taxes - Manufacturers of forest products or owners of concentration yards; failure or refusal to collect tax from seller; refunds, etc., of tax collected from seller; penalties
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
Section 9-13-88 Maintenance of records, books and accounts by manufacturers, concentration yards and producers shipping forest products out of state in unmanufactured condition
Section 9-13-90 Failure to make reports or maintain records
Section 9-13-93 When taxes delinquent
Section 9-13-99 Lien upon property for payment of taxes, interest and penalties
Section 9-13-103 Proceedings as to persons designing to engage in acts prejudicial to collection of taxes, etc.
Section 9-13-104 Reports of transporters of forest products - Required
Section 9-13-105 Reports of transporters of forest products - Failure to make report
Section 9-13-106 Payment of taxes by counties or municipalities purchasing forest products
Section 9-13-107 Forest products to which taxes imposed by article applicable
Section 9-13-108 Taxes upon the excise or privilege of severing, processing, or manufacturing of forest products

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

Section 9-13-120 Definitions
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.
Section 9-13-122 Declaration of existence of control zones, etc.
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
Section 9-13-124 Dissolution of control zones
Section 9-13-125 Cooperative agreements with federal government, public or private agencies and landowners.
Section 9-13-126 Control of Forest Tree Insects and Diseases Fund

Article 6 - Fire Prevention in Emergency Drought Conditions

Section 9-13-140 Declaration of drought emergency conditions
Section 9-13-141 Setting fires, building campfires or burning trash during drought emergencies; backfires
Section 9-13-142 Penalties for violations of provisions of article

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
Section 9-13-161 Special annual tax for forest protection - Authorized
Section 9-13-162 Special annual tax for forest protection - Designation of forest protection areas
Section 9-13-163 Special annual tax for forest protection - Assessment and levy of tax upon petition of freeholders in forest protection areas
Section 9-13-164 Special annual tax for forest protection - Provision of list of landowners within forest protection areas
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
Section 9-13-166 Special annual tax for forest protection - Collection, disposition and expenditure
Section 9-13-167 Special annual tax for forest protection - Change or discontinuance of tax upon petition of freeholders or State Forestry Commission
Division 2 - Assessments for Forest Fire Protection
Section 9-13-180 "Forestlands" defined
Section 9-13-181 Participation by county commissions in fire protection program of State Forestry Commission - Authorized
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
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
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
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
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
Section 9-13-187 Participation by county commissions in fire protection program of State Forestry Commission - Assessments against owners of forestlands for costs - Removal

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

Section 9-13-188 Legislative intent
Section 9-13-189 Definitions
Section 9-13-190 Administration; Rules and regulations
Section 9-13-191 Finance charge, fee or assessment on forest land; disposition of proceeds
Section 9-13-192 Manner of collection of charge, fee, or assessment; distribution
Section 9-13-193 Referendum; amount of assessment; payment and remission of assessment; notice of referendum
Section 9-13-194 Management of referendum
Section 9-13-195 Referendum after failed referendum
Section 9-13-196 Failure to pay assessment; penalty; lien on property
Section 9-13-197 Change in finance charge, fee or assessment
Section 9-13-198 Assessments, fees, etc., not a tax

Article 8 - Southeastern Interstate Forest Fire Protection Compact

Section 9-13-200 Authorized; form
Section 9-13-201 Payment of expenses of advisory committee in attending meetings

Article 9 - Timber Theft Equipment Condemnation

Section 9-13-220 Short title
Section 9-13-221 Seizure of vehicle and equipment upon arrest for certain criminal violations; delivery to district forester
Section 9-13-222 Report of seizure to district attorney
Section 9-13-223 Report to district attorney after conviction of person for theft of timber or lumber
Section 9-13-224 Notice to creditors; institution of condemnation proceedings; legal title to equipment
Section 9-13-225 Forfeiture of equipment upon judgment; costs of proceedings; State Forester to keep records
Section 9-13-226 Use of proceeds from sale of equipment; award and distribution determined by State Forester
Section 9-13-227 Provisions cumulative

Article 10 - Ginseng Regulation

Section 9-13-240 Findings and purpose
Section 9-13-241 Definition
Section 9-13-242 Collection of ginseng
Section 9-13-243 Registration of ginseng dealers, growers and collector
Section 9-13-244 Record keeping requirements
Section 9-13-245 Exportation of ginseng from Alabama
Section 9-13-246 Promulgation of rules and regulations
Section 9-13-247 Monitoring program conducted
Section 9-13-248 Right of entry
Section 9-13-249 Refusal or recall of permits, etc.
Section 9-13-250 Violations

Article 11 - Prescribed Burning

Section 9-13-270 Short title.
Section 9-13-271 Legislative findings
Section 9-13-272 Definitions
Section 9-13-273 Liability for damage caused by fire; requirements; rules and guidelines; fees for certification or training
Section 9-13-274 No certification as prescribed burn manager required in certain circumstances

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