AlabamaHB2672026 Regular SessionHouseWALLET

Alabama Forestry Commission; benefits of State Forester revised, burn permits process revised, penalties revised

Sponsored By: Chris Sells (Republican)

Enacted

Conservation & Natural Resources

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 2 benefits, 4 costs, 2 mixed.

New permit rules for prescribed burns

Beginning October 1, 2026, prescribed burns require an Alabama Forestry Commission permit; burning without one is a Class B misdemeanor. Applicants must declare they have enough tools, equipment, people, and skill to control the fire. They must keep it attended until fully contained within established or natural firebreaks. The State Forester can deny permits for reckless past burning. In wildfire-alert areas, the Forester weighs current fires, weather, the applicant's ability, and other risks. The Commission can revoke permits for false statements, improper burning procedures, or conditions creating unreasonable danger to people or property. False statements make a burn unauthorized; after revocation, only work to contain, suppress, or control an already-started burn remains allowed.

Timber cases can trigger equipment seizure

Beginning October 1, 2026, arresting officers can seize vehicles or equipment in specified timber-related cases. Covered arrests include listed timber offenses and qualifying felonies involving timber or forest products. Cases can involve equipment theft, forest-product harvesting, removal, transport, disposal, or related transactions. Officers deliver seized property to the State Forester or a designee. After a court orders forfeiture, the property goes to the Forester for Commission use or is sold.

State Forester gains leave and travel benefits

Beginning October 1, 2026, the State Forester earns and can use annual and sick leave. Official Commission travel costs are reimbursed on the same basis as for classified or unclassified state employees. These benefits do not extend other State Merit System benefits or requirements to the Forester.

Forestry projects and land get exceptions

Beginning October 1, 2026, Forestry Commission office and facility projects face state construction oversight only when costs exceed $750,000. For projects costing $750,000 or less, the Division of Construction Management can still set minimum building standards. Commission land sales and leases follow the usual state land procedures unless appraised or assessed value is $50,000 or less. That exception removes those procedures for lower-value transactions.

Arresting officers lose forestry fee provision

Beginning October 1, 2026, the law repeals the forestry provision establishing fees for arresting officers. Officers no longer have that statutory source of fees. The law does not state the fee amount or how often it was paid.

Forestry officer powers and warden rules removed

Beginning October 1, 2026, the law removes the provision granting designated Forestry Commission employees full peace-officer powers. That provision included authority to carry weapons and make arrests. The law also repeals the older framework for appointing forest fire wardens, defining their duties, and paying them. The warden repeal does not specify replacement staffing or funding.

Fire restrictions repealed and penalties revised

Beginning October 1, 2026, the law repeals three older sections restricting conduct that could spread fires. It also makes violations of the forestry article Class B misdemeanors. The amended penalty provision removes its former $250 to $500 fine and possible jail sentence of up to six months. That provision states no replacement fine amount; this does not mean violations carry no penalty.

Wildfire alerts and emergency burning limits

Beginning October 1, 2026, the State Forester can issue statewide or local alerts for heightened fire or smoke danger. With the Governor's approval, the Forestry Commission can declare county emergencies when fire danger becomes extraordinary. In those counties, people cannot set fires in forests, grasslands, woods, wildlands, or marshes, or build campfires or bonfires. Burning trash or other material that may cause a fire is also banned. Commission agents can set backfires; others claiming a backfire was needed to save life or property must prove that need.

Sponsors & Cosponsors

Sponsor

  • Chris Sells

    Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 365 • No: 0

Senate vote • 4/1/2026

Third Reading in Second House

Yes: 34 • No: 0

Senate vote • 4/1/2026

Motion to Read a Third Time and Pass - Adopted Roll Call 1038

Yes: 34 • No: 0

House vote • 2/5/2026

Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 283

Yes: 101 • No: 0 • Other: 1

House vote • 2/5/2026

Third Reading in House of Origin

Yes: 95 • No: 0 • Other: 2

House vote • 2/5/2026

Motion to Adopt - Adopted Roll Call 282

Yes: 101 • No: 0

Actions Timeline

  1. Enacted

    4/9/2026House
  2. Signature Requested

    4/2/2026Senate
  3. Delivered to Governor

    4/2/2026House
  4. Third Reading in Second House

    4/1/2026Senate
  5. Motion to Read a Third Time and Pass - Adopted Roll Call 1038

    4/1/2026Senate
  6. Ready to Enroll

    4/1/2026House
  7. Enrolled

    4/1/2026House
  8. Read for the Second Time and placed on the Calendar

    2/12/2026Senate
  9. Reported Out of Committee Second House

    2/11/2026Senate
  10. Third Reading in House of Origin

    2/5/2026House
  11. Crawford 1st Amendment Offered

    2/5/2026House
  12. Motion to Adopt - Adopted Roll Call 282

    2/5/2026House
  13. Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 283

    2/5/2026House
  14. Givan intended to vote "Nay"

    2/5/2026House
  15. Engrossed

    2/5/2026House
  16. Read for the first time and referred to the Senate Committee on Agriculture, Conservation, and Forestry

    2/5/2026Senate
  17. Pending Committee Action in Second House

    2/5/2026Senate
  18. Reported Out of Committee House of Origin

    1/21/2026House
  19. Read for the Second Time and placed on the Calendar

    1/21/2026House
  20. Read for the first time and referred to the House Committee on Agriculture and Forestry

    1/15/2026House
  21. Pending Committee Action in House of Origin

    1/15/2026House

Bill Text

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