Title 9 — Title 9

In the event the referendum conducted under this article fails to receive the required number of affirmative votes, the commission may call another referendum after the expiration of two years. History: (Acts 1989, No. 89-652, p. 1292, §8.)

(a) An owner or lessee of forest land who fails to pay, upon reasonable notice, any assessment levied under this article shall, in addition to the assessment, be subject to a per acre penalty as established by the commission’s rules and regulations. (b) Any finance charge, fee, o…

Any county may, by local legislation, increase the amount of the finance charge, fee or assessment provided for in this article, but is hereby prohibited from decreasing said amount; provided, however, all local laws levying acreage assessments are repealed retroactively effectiv…

Assessments, fees, or other charges collected as authorized under authority hereof shall not be considered as a tax within the meaning of the Constitution of Alabama of 1901, or any provision of this Code. History: (Acts 1989, No. 89-652, p. 1292, §12.)

Promptly after receipt by the state of any moneys from the United States accruing from receipts from national forests within the state, the Governor shall cause said moneys to be distributed among the several counties of the state proportional to the area of national forests loca…

The governor on behalf of this state is hereby authorized to execute a compact in substantially the following form with any one or more of the states of Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, Virginia and West Virginia, and the Legisla…

The expenses incurred by the advisory committee in attending meetings of the Southeastern Interstate Forest Fire Protection Compact shall be payable out of the Alabama Forestry Commission Fund. Such expenses shall include travel costs and other necessary expenses of the advisory …

The district attorneys of the several counties shall prosecute all violators of the provisions of this chapter. History: (Acts 1923, No. 486, p. 638; Code 1923, §4117; Code 1940, T. 8, §210.)

This article shall be known as the Timber Theft Equipment Condemnation Act. History: (Acts 1987, No. 87-711, §1.)

Arrest for Certain Criminal Violations; Delivery to District Forester. [Effective until October 1, 2026.] AMENDED BY ACT 2026-402, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. It shall be the duty of any sheriff, policeman, forestry officer, or other peace officer or …

[Effective until October 1, 2026.] AMENDED BY ACT 2026-402, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. Within five days after the arrest of any person for violating Section 9-13-60 or any felony laws of the State of Alabama outlined in this article, the person recei…

or Lumber. (Repealed by Act 2026-402) [Effective until October 1, 2026.] THIS SECTION WAS REPEALED BY ACT 2026-402, EFFECTIVE OCTOBER 1, 2026. Within five days after the final conviction of any person for violating Section 9-13-60 or any felony laws of the State of Alabama involv…

Title to Equipment. At least 60 days prior to the institution of condemnation proceedings as herein provided, notice shall be given by the court to any creditor who is known to have a secured interest, a judgment, lien or other interest in any vehicle or equipment seized pursuant…

Costs of Proceedings; State Forester to Keep Records. [Effective until October 1, 2026.] AMENDED BY ACT 2026-402, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. When any judgment of condemnation or forfeiture is made in any case filed under the provisions of this sectio…

Award and Distribution Determined by State Forester. [Effective until October 1, 2026.] THIS SECTION WAS REPEALED BY ACT 2026-402, EFFECTIVE OCTOBER 1, 2026. In the event the seized items are sold, the proceeds from the sale shall be used, first, for payment of all proper expense…

The provisions of this article are cumulative and should not be construed to repeal or supersede any laws not directly inconsistent herewith; provided, however, those laws or parts of law which are in direct conflict are specifically repealed only to the extent that there is such…

The district courts of this state shall have jurisdiction to hear and determine all cases and prosecutions originating under the provisions of this chapter and shall impose and collect fines not exceeding the amount of $100.00, except as otherwise provided in this chapter. Histor…

2026-402) [Effective until October 1, 2026.] THIS SECTION WAS REPEALED BY ACT 2026-402, EFFECTIVE OCTOBER 1, 2026. When an arrest for a violation of the provisions of the forestry laws is made by a salaried officer or salaried employee of the State Forestry Commission and the def…

The Legislature has found that ginseng Panax quinquefolius L., is listed as endangered by the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and as such, must be protected from extinction. The purpose of this article is to provide a mechanism for…

As used in this article, the following words shall have the meaning stated below, unless the context clearly requires otherwise: (1) BOARD. The State Board of Agriculture and Industries. (2) COMMISSIONER. The Commissioner of Agriculture and Industries or his designated representa…

(a) The season for the legal collection of ginseng shall be from September 1 through December 13 inclusive. Collection of ginseng outside of this period is unlawful, unless the plants are collected from land owned or managed by the ginseng collector for the personal use of such c…

Ginseng dealers, collectors and growers shall register annually with the department on forms provided by the department on or before August 1 of each year. Such registration shall be accompanied by a fee in an amount determined by the board but in no event shall the board prescri…

(a) Ginseng dealers shall keep records on forms provided by the department of all ginseng purchases and sales. These records will include date of transaction, month collected, county where collected, weight of ginseng bought or sold, seller’s permit number and signature of the se…

(a) Any person who has ginseng in any quantity and wishes to export any amount out of the state may obtain an export permit from the commissioner. To obtain an export permit, the person must maintain accurately kept records of his purchases and sales, be currently registered with…

The commissioner is empowered with the approval of the board to promulgate such rules and regulations as are reasonable and necessary to accomplish the evident purpose and intent of the law and also for the purpose of complying with guidelines imposed by the United States Departm…

The commissioner shall conduct or cause to be conducted a monitoring program of sufficient depth and scope so as to insure that wild ginseng populations are not depleted. History: (Acts 1987, No. 87-582, §8.)

The commissioner shall have power to enter into or upon any place and to open any bundle, package or other container containing or thought to contain ginseng held or maintained in violation of this article or regulations promulgated thereto. History: (Acts 1987, No. 87-582, §9.)

(a) The commissioner shall have the power to refuse to issue a permit or certificate or to recall any permit or certificate already issued when he shall have reasonable cause to believe that the applicant for or holder of said permit or certificate may have or has violated this a…

Powers; Expenses; Reports. REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. History: (Acts 1979, No. 79-711, p. 1264, § 1.)

(a) Any person who shall violate any provision or requirement of this article or of regulations promulgated hereto or of any notice or order given pursuant thereto or who shall forge, counterfeit, destroy or wrongfully or improperly use any permit or certificate provided for in t…

This article may be cited as the “Alabama Prescribed Burning Act.” History: (Acts 1995, No. 95-609, p. 1304, §1.)

(a) The Legislature hereby finds and declares that the application of prescribed burning is a landowner property right and a land management tool that benefits the safety of the public, the environment, the natural resources, and the economy of Alabama. Therefore, the Legislature…

As used in this article, the following words shall have the following meanings: (1) CERTIFIED PRESCRIBED BURN MANAGER. An individual who successfully completes a certification program approved by the Alabama Forestry Commission. (2) PRESCRIBED BURNING. The controlled application …

Guidelines; Fees for Certification or Training. (a) No property owner or his or her agent, conducting a prescribed burn in compliance with this article, shall be liable for damage or injury caused by fire or resulting smoke unless it is shown that the property owner or his or her…

Circumstances. Nothing in this article shall be construed as requiring certification as a prescribed burn manager in order to conduct burning operations on one’s own property or on the lands of another with the landowner’s permission as long as applicable state laws and rules rel…

Suppression of Forest Fires, Etc.; Promotion and Development of Forestry, Etc.; Acquisition, Management and Disposition of Land; Officers, Assistants and Employees. [Effective until October 1, 2026.] AMENDED BY ACT 2026-402, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE…

There shall be a fund known as the Alabama Forestry Commission Fund. This fund shall consist of all occupational licenses and privilege taxes imposed by the state for engaging in any business dealing with timber or timber products and all fines and forfeitures arising under the p…

Designated as Auxiliary State Forests Authorized and Directed. It is the declared policy of the state to encourage reforestation of cutover lands and timber culture generally; and to that end and in consideration of the public benefits arising therefrom, the timber growing on lan…

Any owner of lands desiring to devote the same to forest culture and to have the same designated as auxiliary state forests shall file with the State Forestry Commission an application in writing, which shall be signed by such owner, describing the lands which said owner desires …

Etc., Required; Release of Dower or Homestead Rights. The State Forestry Commission may, in its discretion, require the applicant to furnish an abstract of title of said lands showing him to be the owner in fee thereof or other satisfactory proof of title, and all rights of dower…

Drafting and Execution of Contracts. Upon the filing of such application, the State Forestry Commission shall, as soon as practicable, inspect the said land or cause the same to be inspected by the State Forester or some other competent and suitable person; and, if the State Fore…

The Governor may, at his discretion, upon designation of any lands as auxiliary state forests, under the provisions of this article, on behalf of and in the name of the State of Alabama, enter into a contract by and with the owner of said land and the successors and assigns of sa…

If any owner or the successor in title of any such owner shall violate the provisions of his contract, the Governor may, in his discretion, abrogate the same by a written order to be filed with the Department of Revenue, the State Forestry Commission and the said owner or his suc…

Timber Without Withdrawing of Lands; Payment of Privilege Tax Generally. (a) Any owner of land designated as auxiliary state forests may, after the lapse of five years from the designation of the said lands as such, file with the State Forestry Commission an application in writin…

Privilege Tax. Upon withdrawal of said lands or any part thereof as auxiliary state forests or harvesting or other use of parts of timber on said land without withdrawing the land, the value of the timber thereon shall be appraised separately in each county where such timber is l…

Taxes, Etc. The state shall have a lien upon the timber on land designated as auxiliary state forests for the payment of the privilege tax provided for in this article, and no other privilege or other tax, except that provided for in this section, shall be collected by or for the…

Said privilege tax shall be paid to the State Forestry Commission and by it reported to the Comptroller and paid into the Treasury, whereupon the Comptroller shall draw and transmit to the tax collector of each county wherein such timber has been appraised and with respect to whi…

Act 2026-402) [Effective until October 1, 2026.] THIS SECTION WAS REPEALED BY ACT 2026-402, EFFECTIVE OCTOBER 1, 2026. All sheriffs, deputy sheriffs, constables, marshals and such other persons as may be designated or appointed by the Governor or by the State Forester are hereby …

The State Forestry Commission shall keep a book in which shall be recorded all applications for the designation of lands as auxiliary state forests, contracts entered into upon such applications and withdrawals or forfeitures thereof. History: (Acts 1923, No. 486, p. 638, §11; Co…

2026-402) [Effective until October 1, 2026.] THIS SECTION WAS REPEALED BY ACT 2026-402, EFFECTIVE OCTOBER 1, 2026. The State Forester shall have the power to appoint any person in any area of the state who is skilled in forestry work or fire prevention as a forest fire warden, on…