Title 9 — Title 9

The Governor may, upon the recommendation of the State Forestry Commission, accept gifts of land to the state, the same to be held and administered by the State Forestry Commission as state forests and to be so used as to demonstrate the practical utility of timber culture. Such …

Employees as to Enforcement of Laws, Prevention and Suppression of Forest Fires, Etc. [Effective until October 1, 2026.] AMENDED BY ACT 2026-402, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. All employees of the State Forestry Commission appointed as forest law enforc…

Wildfires by Other State Agencies. All state agencies, in the performance of their duties and responsibilities to the people of Alabama, are authorized to aid and assist the State Forestry Commission in the control and suppression of wildfires, on request of the Governor of Alaba…

(a)(1) The State Forestry Commission may adopt, alter, amend, or repeal rules governing the preservation, protection, and use of state forests and any other lands owned, leased, or otherwise controlled by the commission. (2) Any person who violates a rule adopted pursuant to this…

Collection of Taxes, Etc. If the department finds that a person liable for taxes under any provisions of this article designs quickly to depart from the state or to remove his property therefrom, or to conceal himself or his property therein or to do any other act tending to prej…

When requested by the department, all transporters of forest products out of, within or across the State of Alabama shall be required to furnish the department, under oath and upon forms prescribed by the department, any and all information relative to the transportation of fores…

The failure of any person to make the transporter’s report provided for in Section 9- 13-104 shall be punished by a fine of not less than $50.00 and not more than $500.00 for each offense. History: (Acts 1945, No. 169, p. 285, §26.)

Products. When the governing body of any county or municipality in the state shall purchase any forest products upon which the privilege taxes imposed by this article have not been paid, then the said governing body of said county or municipality shall withhold from the purchase …

The taxes imposed by this article shall apply to any forest products severed from land owned by either the State of Alabama or the United States of America, where the forest products severed enter commercial channels of trade for competitive markets. History: (Acts 1945, No. 185,…

Forest Products. Any and all taxes upon the excise or privilege of severing or manufacturing of forest products shall inure to the State of Alabama and shall be exercised only in a uniform, statewide tax. No tax shall be levied by local law or by any political subdivision of the …

(a) The Legislature finds and declares that the intent of Act 2017-301 is to simplify and clarify existing language used to calculate and collect forest product severance taxes and forest product manufacturing taxes and to ensure that these taxes are levied and paid only once. In…

Fire, Etc., of Woodlands, Grasslands, Etc.; Burning Permits; Fire Alerts; Organized Forest Fire Protection; Fines. [Effective until October 1, 2026.] AMENDED BY ACT 2026-402, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. (a) It shall be a Class C felony for every perso…

It is the intent of the Legislature that the forest products severance tax prescribed in subsections (a) and (b) of Section 9-13-82, beginning July 1, 2017, shall initially generate revenues not less than the revenues generated by the tax prior to July 1, 2017. In order to ensure…

Nuisances; Liability for Refusal or Neglect to Control or Extinguish Same. [Effective until October 1, 2026.] AMENDED BY ACT 2026-402, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. Any fire burning uncontrolled on any forested, cutover, brushland or grassland area is h…

As used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) PERSON. An individual, partnership, corporation, company, society or association. (2) FOREST TREES. Only those trees which…

Infections; Notice to Landowners of Existence of Same; Recommended Control Measures, Etc. Where an insect infestation or disease infection is believed to exist on forestland within the state, the State Forester shall cause an investigation to be made. Whenever, upon investigation…

Whenever the State Forester determines that there exists an infestation or infection injurious to timber of forest growth on privately owned lands and that said infestation or infection is of such a nature as to be a menace to the timber on forestlands of adjacent owners, the Sta…

State Forester Where Landowner Fails or Refuses to Initiate Control Measures. On the establishment of a control zone, the State Forester shall give notice in writing by registered or certified mail, return receipt requested, in the case of an absentee owner, and in writing or oth…

Whenever the State Forestry Commission determines that insect or disease control work within the designated control zone is no longer necessary or feasible, then the State Forestry Commission shall instruct the state forester by written order to dissolve the control zone. History…

Agencies and Landowners. In order to accomplish the suppression, eradication and destruction of such tree infestation or infection as outlined in this article, the State Forestry Commission may enter into cooperative agreements with the federal government and other public or priv…

There is hereby created in the State Treasury a special fund to be known as the “Control of Forest Tree Insects and Diseases Fund.” Such fund shall consist of all moneys appropriated thereto by the Legislature; all revenues collected under the provisions of this article; and any …

Without Written Notice to Adjacent Landowners. [Effective until October 1, 2026.] THIS SECTION WAS REPEALED BY ACT 2026-402, EFFECTIVE OCTOBER 1, 2026. Any person or corporation who shall set fire to or procure another to set fire to any woods, logs, brush, weeds, grass or cleari…

Fire. (Repealed by Act 2026-402) [Effective until October 1, 2026.] THIS SECTION WAS REPEALED BY ACT 2026-402, EFFECTIVE OCTOBER 1, 2026. Logging and railroad locomotives, donkey and threshing engines and other engines and boilers operated in, through and near forest or brush whi…

402) [Effective until October 1, 2026.] AMENDED BY ACT 2026-402, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. Whenever conditions exist in any county or counties in this state which produce extraordinary danger from fire, the State Forestry Commission, with approval o…

Burning Trash During Drought Emergencies; Backfires. [Effective until October 1, 2026.] AMENDED BY ACT 2026-402, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. At such time as the State Forestry Commission has declared by regulation a drought emergency in any county or …

402) [Effective until October 1, 2026.] AMENDED BY ACT 2026-402, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. Any person violating any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $250.00 nor mor…

Power Companies. (Repealed by Act 2026-402) [Effective until October 1, 2026.] THIS SECTION WAS REPEALED BY ACT 2026-402, EFFECTIVE OCTOBER 1, 2026. No electric lighting or power company shall attach any wires or other lighting appliances to any trees along any street of any town…

“Forestland” shall mean any land which supports a forest growth or which under prevailing natural and economic conditions may be expected to support such a growth in the future or which is being used or reserved for any forest purpose. History: (Acts 1939, No. 562, p. 884, §6; Co…

For the purpose of receiving the financial and supervisory cooperation of the State Forestry Commission of the State of Alabama in forest protection, any county commission is empowered, authorized and required to assess and levy a special annual tax not to exceed $.04 per acre ag…

Protection Areas. The State Forestry Commission is hereby empowered and directed to establish and designate such forest protection areas prior to the submission of the petition provided for in Section 9-13-163. History: (Acts 1939, No. 562, p. 884, §5; Code 1940, T. 12, §204.)

Upon Petition of Freeholders in Forest Protection Areas. For the purpose of receiving the financial and supervisory cooperation of the State Forestry Commission of the State of Alabama in forest protection, the county commission is required to make, assess and levy a special annu…

Landowners Within Forest Protection Areas. The State Forestry Commission is hereby empowered and directed to furnish to the county commission of the county in which it is proposed to establish a forest protection area a list of the landowners within said proposed forest protectio…

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 assessed and levied until such time as the county board of equalization shall have first inspected and reviewed such property and shall have designated …

Expenditure. The tax so assessed shall be collected as other taxes are collected and remitted to the state Treasurer and placed in a “Forest Protection Fund” to be expended by the State Forestry Commission of the State of Alabama for forest fire protection in the county, or any d…

Tax Upon Petition of Freeholders or State Forestry Commission. The tax provided for in Section 9-13-161 shall remain the same from year to year, except that it may be changed or discontinued upon receipt of a petition so requesting, signed by a majority of the freeholders of the …

“Forestlands” shall mean any lands which support a forest growth, which under prevailing natural and economic conditions may be expected to support such a growth in the future or which is being used or reserved for any forest purpose. Such term shall not include any lands within …

State Forestry Commission - Authorized. The county commission of any county in this state is authorized, when the need therefor exists, to provide in the manner specified in this division protection against forest fires in such county by participating in the State Forestry Commis…

State Forestry Commission - Assessments Against Owners of Forestlands for Costs - Authorized; Limitations. Any county commission which provides forest fire protection to the persons and property of its county by participating in the State Forestry Commission’s fire protection pro…

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 within the county shall be determined by the county comm…

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 payable at the same time and in the same manner as c…

State Forestry Commission - Assessments Against Owners of Forestlands for Costs - Disposition and Expenditure. All moneys accruing to any county from the assessments as provided in this division shall be placed in the county treasury or depository, as the case may be, to the cred…

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 collecting of assessments made pursuant to this division shall receive as compensa…

State Forestry Commission - Assessments Against Owners of Forestlands for Costs - Removal. The county commission in any county where the assessment provided for in this division has been adopted may, upon its own motion, remove said assessment at any time; provided, that no count…

The Legislature hereby declares that the threat of a spread of wildfire in our forest lands is a matter of major concern. The purpose of this article, therefore, is to provide forestry assistance and to secure the protection from, and the prevention of, forest fires. This article…

As used in this article, the following words shall have the meanings stated below, unless the context requires otherwise: (1) COMMISSION. The Alabama Forestry Commission. (2) FOREST LAND. Any land which supports a forest growth or which is being used or reserved for any forest pu…

The forestry and fire prevention program provided for in this article shall be administered by the Alabama Forestry Commission. The commission shall have the authority to adopt such rules and regulations as it deems necessary to effectuate the purposes of this article. History: (…

Proceeds. There is hereby levied in this state a finance charge, fee or assessment on forest land owned or leased by any person. Proceeds generated in each county shall be earmarked for use in the respective county where raised to provide for forest fire protection and similar fo…

The charge, fee, or assessment will be levied and collected in the same manner as ad valorem taxes are levied and collected. All revenues or moneys collected under the provisions of this article shall be distributed by the office of the county tax collector, or person charged wit…

Assessment; Notice of Referendum. (a) The commission shall authorize a referendum among owners or lessees of forest land to determine whether an assessment shall be levied upon said owners or lessees to offset, in whole or in part, the cost of forestry and forest fire protection …

The arrangements for the place, time and management of any referendum held under this article shall be under the direction of the commission. The commission shall bear all expenses incurred in conducting the referendum, including the furnishing of ballots and arranging for the ne…