Title 9 — Title 9

REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. History: (Acts 1981, No. 81-721, p. 1227, §7.)

by State Department of Transportation; Competitive Bidding. REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. History: (Acts 1981, No. 81-721, p. 1227, §8.)

REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. History: (Acts 1981, No. 81-721, p. 1227, §9.)

The following terms, whenever used in this chapter shall have the following respective meanings unless the context clearly indicates otherwise: (1) COASTAL AREA. The coastal waters, including the lands therein and thereunder, and the adjacent shorelands, including the waters ther…

The purpose of this chapter is to promote, improve and safeguard the lands and waters located in the coastal areas of this state through a comprehensive and cooperative program designed to preserve, enhance and develop such valuable resources for the present and future well-being…

The Legislature finds and declares that it is state policy: (1) To preserve, protect, develop and, where possible, to restore or enhance the resources of the state’s coastal area for this and succeeding generations; (2) To encourage and assist counties and municipalities, whereve…

of Additional Permissible Uses. (a) The Legislature of Alabama finds that the following activities shall constitute permissible uses within the coastal area: (1) The accomplishment of emergency decrees of any duly appointed health officer of a county or municipality or of the sta…

Shoreline. (a) This section shall be known and may be cited as the Joe Faust Living Shoreline Act. (b) For the purposes of this section, the term “living shoreline” means natural shoreline restoration techniques for shoreline stabilization, including the planting of native vegeta…

Appointment, Term of Office and Compensation of Members; Officers; Meetings; Seal; Powers and Duties Generally; Executive Director and Employees; Technical Assistance to Board; Acceptance, Use and Disposition of Funds, Facilities, Etc. (a) through (g) Repealed by Acts 1982, No. 8…

Program. The board shall provide for the development of a comprehensive coastal area management program. The program shall be prepared in cooperation with local, regional, state and federal interests. The inland boundaries of the coastal area subject to the management program are…

Regulations. The department shall develop and promulgate, after notice and opportunity for full participation by relevant federal agencies, state agencies, local governments, regional organizations, port authorities and other interested parties, both public and private, such rule…

(a) The management program provided for in Section 9-7-15 shall not become effective until approved by the Governor. (b) Repealed by Acts 1982, No. 82-612, p. 1111, effective October 1. History: (Acts 1976, No. 534, p. 686, §10; Acts 1982, No. 82-612, p. 1111, §11.)

Within Coastal Area by Local Government Units; Filing with Board Copies of Applications for Federal Permits. (a) It is the intent and purpose of this section to avoid duplication whenever possible as to managing activities within the coastal area and yet assure compliance with th…

There is hereby created a fund which shall be known as the Alabama Recreation Capital Development Assistance Fund. The fund shall consist of moneys appropriated from the General Fund by the Legislature to assist state agencies, municipalities and counties within Alabama to addres…

of Commissioner. No property acquired or developed with assistance under this chapter shall, without the prior approval of the commissioner, be converted to other than public uses. The commissioner may approve such conversion only if he finds it to be in accordance with criteria …

The commissioner or any duly authorized representative shall have access, for the purpose of audit or examination, to any books, documents, papers, and records of the applicant that are pertinent to assistance received under this chapter. History: (Acts 1982, No. 82-615, p. 1154,…

Commissioner. Each applicant shall submit its grant request under guidelines set forth by the commissioner. History: (Acts 1982, No. 82-615, p. 1154, §12.)

In order to carry out the provisions of this chapter the commissioner through plans and programs of the department shall perform the following functions and activities: (1) Prepare and maintain a continuing inventory and evaluation of recreational needs and resources of the State…

Collaboration with Other Governmental Agencies, Etc., Authorized. The commissioner, in administering this chapter, is authorized to cooperate with, and may seek and accept the assistance of, any federal, state, county or municipal department or agency, and educational or scientif…

State Departments, Etc. The heads of state departments and independent agencies having administrative responsibility over activities or resources, the conduct or use of which is pertinent to fulfillment of the provisions of this chapter shall, either individually or as a group, c…

All moneys received under the provisions of this chapter will be appropriated to the fund within the Department of Conservation and Natural Resources plans and programs, and may be used by the commissioner for all purposes reasonably necessary in the administration of the provisi…

Priority in the allocation of fund moneys may be given to applicants having experienced either natural or man-made disasters in areas so designated by the Governor. History: (Acts 1982, No. 82-615, p. 1154, §17.)

The following terms, whenever used in this chapter, shall have the following respective meanings unless the context clearly indicates otherwise: (1) COMMISSIONER. The Commissioner of the Department of Conservation and Natural Resources. (2) ADMINISTRATOR. The director of the plan…

No grant may be made under this chapter unless an application is submitted to the commissioner in accordance with regulations and procedures prescribed by him and the project described in said application is in accordance with the statewide outdoor recreation plan which has been …

Etc. All applicants shall agree to assume after completion of the project, the total cost of maintenance, repair and operation of the property. History: (Acts 1982, No. 82-615, p. 1154, §4.)

Applicant; Composition of Applicant’s Share. Grants to any applicant shall cover not more than fifty percent of the cost of planning, acquiring, or developing a project that is undertaken by the applicant. The remaining share of the cost shall be borne by the applicant. No less t…

State Comprehensive Outdoor Recreation Plan. Financial assistance may be provided to any applicant for the following types of projects or combinations thereof if they are in accordance with the state comprehensive outdoor recreation plan: (1) Payments for the acquisition of land,…

Payments shall be made to applicants by the commissioner only for approved projects. Such payments may be made from time to time in keeping with the rate of progress toward the satisfactory completion of individual projects. All such payments shall be made by the commissioner to …

No payment shall be made to any applicant until the applicant has agreed to provide reports to the commissioner, in such form and containing information, as may be reasonably necessary to enable the commissioner to perform his duties under this chapter, including such fiscal cont…

Each applicant under this chapter shall keep such records as the commissioner shall prescribe, including records which fully disclose the amount and the disposition by each applicant of the proceeds, the total cost of the project in connection with which such assistance is given …

It is the policy and purpose of the Alabama Legislature to assure that the state at all times has an abundance of water, both as to its quantity and quality, necessary to meet the requirements of an expanding population and industrial community and, to help achieve this objective…

The Board of Trustees of Auburn University may establish or provide for the establishment of a water resources research institute or center, which is hereby designated as the state agency to accept federal funds appropriated or allocated by Congress to the state for the use of wa…

Wherever used or referred to in this article, unless a different meaning clearly appears from the context: (1) DISTRICT or SOIL AND WATER CONSERVATION DISTRICT. A governmental subdivision of this state and a public body corporate and politic organized in accordance with the provi…

(a) It is hereby declared as a matter of legislative determination: (1) That the farm, forest and grazing lands of the State of Alabama are among the basic assets of the state and that the preservation of these lands is necessary to protect and promote the health, safety and gene…

(a) There is hereby established, to serve as an agency of the state and to perform the functions conferred upon it in this article, the State Soil and Water Conservation Committee. (b) This committee shall consist of nine persons: The Director of the State Cooperative Agricultura…

Boundaries; Reorganization; Change of Name. (a) Any 25 owners of land lying within the limits of the territory proposed to be organized into a district may file a petition with the State Soil and Water Conservation Committee asking that a soil and water conservation district be o…

The governing body of the district shall consist of one supervisor from each of the counties within the district, but in no event less than five, appointed as provided in this article. The supervisors shall be persons who are by training and experience qualified to perform the sp…

Acquisition, Etc., of Land by Public Bodies; Exemption from Taxation. (a) A soil and water conservation district organized under this article shall constitute a governmental subdivision of this state and a public body, corporate and politic, exercising public powers, and such dis…

Etc.; Contents; Publication, Etc. (a) The supervisors of any district shall have authority to formulate regulations governing the use of lands within the district in the interest of conserving soil and soil resources and preventing and controlling soil erosion. The supervisors ma…

Observance; Damage Remedy for Violations. The supervisors shall have authority to go upon any lands within the district to determine whether land-use regulations adopted under the provisions of Section 9- 8-26 are being observed. The supervisors are further authorized to provide …

Where the supervisors of any district shall find that any of the provisions of land- use regulations prescribed in an ordinance adopted in accordance with the provisions of Section 9-8-26 are not being observed on particular lands and that such nonobservance tends to increase ero…

The supervisors of any two or more districts organized under the provisions of this article may cooperate with one another in the exercise of any or all powers conferred in this article. History: (Acts 1939, No. 147, p. 202, §11; Code 1940, T. 2, §667.)

The institute or center established under Section 9-8-1 shall be subject to the management and control of the trustees and President of Auburn University, and its programs shall be coordinated with the Geological Survey of Alabama. It shall be the duty of the institute or center …

Agencies of this state which shall have jurisdiction over or be charged with the administration of any state-owned lands and of any county or other governmental subdivision of the state which shall have jurisdiction over or be charged with the administration of any county-owned o…

(a) At any time after three years after the organization of a district under the provisions of this article, any 25 owners of land lying within the boundaries of such district may file a petition with the State Soil and Water Conservation Committee praying that the operations of …

To meet the administrative and other expenses of the State Soil and Water Conservation Committee and the soil and water conservation districts which may be organized under the provisions of this article, the Comptroller is hereby authorized and directed to draw his warrant on the…

This article is intended to supplement and not to prejudice, restrict or duplicate programs of water resources or research conducted by the Geological Survey of Alabama or the University of Alabama, or to prejudice or restrict the receipt of other federal, state or other funds by…

For the purpose of this article, the following words and phrases shall have the meanings indicated unless the context clearly indicates a different meaning: (1) WATERSHED CONSERVANCY DISTRICT or WATERSHED DISTRICT. A subdistrict of a soil and water conservation district which con…

Subdistricts of a soil and water conservation district, as defined by the laws of this state, may be formed in any watershed area in such soil and water conservation district for the purpose of developing and executing plans and programs relating to any phase of conservation of w…

The land area embraced in any watershed conservancy district must be contiguous and must lie within a well-defined watershed. The area shall not include lands not included within a soil and water conservation district or lands embraced within another watershed conservancy distric…