Title 33 — Title 33

Any person who knowingly or wilfully causes, or is concerned in causing, any damage or injury to any part of the dredged channel as it now exists or may hereafter exist, at any point or points between the upper or northern limits of the Port of Mobile and the lower part of the Ba…

Channel Without Permit, Etc. Any master or person in charge of any vessel drawing more than 12 feet of water which may enter into the dredged channel between the upper limits of the Port of Mobile and the outer bar of the Bay or Harbor of Mobile without a permit from the harbor m…

(a) For purposes of this section, the following terms have the following meanings: (1) BENEFICIALLY USED. The productive and positive use of dredged material, including fish and wildlife habitat development, human recreation, and industrial and commercial uses. The term does not …

The county commission is authorized to make contracts for opening or cleaning out any navigable stream within the county, and for keeping the same free from obstructions. History: (Code 1852, §1206; Code 1867, §1441; Code 1876, §1724; Code 1886, §1460; Code 1896, §2516; Code 1907…

Any person who dams up or otherwise obstructs a navigable watercourse must, on conviction, be fined not less than $100.00 nor more than $1,000.00. History: (Code 1876, §4254; Code 1886, §4136; Code 1896, §5402; Code 1907, §7864; Code 1923, §5599; Code 1940, T. 38, §107.)

(a) Any person who anchors, moors, or abandons a floating pier, barge, or vessel or sunken or submerged pier, barge, or vessel that obstructs navigation on a public water, as defined in subsection (a) of Section 9-11-80, shall be fined not less than one hundred dollars ($100) nor…

Any person, firm or corporation organized for the purpose of improving the navigation upon a navigable river in the State of Alabama, and of developing in connection therewith a water power thereof by a dam and lock, or a system of dams and locks, and electrically transmitting an…

Any such person, firm or corporation may exercise the power of eminent domain, for the purpose of acquiring such lands as it may be necessary or convenient to flood or otherwise utilize in order to improve navigation as provided in this article, such lands to include as well as a…

The person, firm or corporation which first, in point of time, shall have complied with the provisions of this article shall be entitled to all the rights and privileges herein granted. The operation of this section shall be retroactive. History: (Code 1907, §6150; Code 1923, §10…

Any person diverting any stream, whether navigable or not, from its natural channel, is liable to any party aggrieved for the damages sustained. History: (Code 1852, §1210; Code 1867, §1445; Code 1876, §1727; Code 1886, §1463; Code 1896, §2519; Code 1907, §6147; Code 1923, §10569…

Any person who, during the season of high waters, leaves or causes to be left in any of the streams of this state used for floating timber to market saw logs or hewn or square timber which he has put or caused to be put into such stream, so massed or collected together as to obst…

The owner of riparian lands upon navigable waters in the State of Alabama may install in front of their respective riparian lands wharves, docks, warehouses, sheds, tipples, chutes, elevators, conveyors and the like for receiving, discharging, storing, protecting, transferring, l…

Repossession by Legislature. No such structure shall be built or maintained upon or over the lands of the state or lands underlying the navigable waters of the state so as to in any wise unreasonably obstruct navigation, or the freedom of the use of the navigable waters of the st…

All tolls, imposts, charges and duties authorized hereunder for the use of said wharves and other structures occupying the lands of the state or connected therewith, at all times hereafter, shall be subject to regulation and revision by the Legislature or other authority now exis…

In order to encourage the building of bridges, causeways and other development work and relief work, the owner of any lands in the State of Alabama abutting on tidelands, the title to which or control of which may now or hereafter be vested in the State of Alabama, which shall no…

Permitted; Limitations on Right. Any law, or any rule or regulation promulgated by a state agency, to the contrary notwithstanding, any property owner shall have the authority to clean out or dredge a creek or stream running through his property. However, such person shall only b…

Force to Prevent Obstruction. Any person who floats any logs, timber or lumber upon any navigable watercourse, without accompanying the same with sufficient force to prevent the obstruction of such watercourse so as to hinder the removal of any logs, timber or lumber from the ban…

Any person owning or controlling any boom in any navigable watercourse who turns adrift any logs, timber or lumber caught in such boom without giving the owner of such logs, timber or lumber five days’ notice of his intention to do so must, on conviction, be fined not less than $…

This article shall apply only to dams and reservoirs whose owner or owners have elected to be subject to this article. History: (Act 2023-414, §1.)

2026.] AMENDED BY ACT 2026-482, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. For the purposes of this article, the following terms have the following meanings: (1) ABANDON or ABANDONMENT. To render a dam non-impounding by dewatering and filling the reservoir created b…

482) [Effective until October 1, 2026.] AMENDED BY ACT 2026-482, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. (a) A participating owner shall ensure plans and specifications for initial construction, reconstruction, enlargement, alteration, repair, operation, breach, …

until October 1, 2026.] AMENDED BY ACT 2026-482, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. (a) It shall be the duty of the inspecting engineer to assign a hazard potential classification to dams and reservoirs. (b) In order to protect life and property, participati…

Article. (Amended by Act 2026-482) [Effective until October 1, 2026.] AMENDED BY ACT 2026-482, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. (a) The local emergency management agency has neither inspection nor regulatory duty or responsibility. (b) Records pertaining t…

Any person who opens the boom of another for any purpose without his permission, or wilfully cuts, unties, loosens or casts off any rope, chain, pole, timber, pile or other fastening by which a boom containing any logs, timber or lumber is secured must, on conviction, be fined no…

Riparian Proprietors. Any person who, having been warned within the 12 months next preceding by the owner or proprietor not to do so, trespasses upon any boom, bulkhead or piles, lawfully erected or maintained in any of the waters of this state by any riparian owner or proprietor…

Ratification. The Governor on behalf of this state is hereby authorized to execute a compact, in substantially the following form, with the State of Mississippi; and the Legislature hereby signifies in advance its approval and ratification of such compact, which compact is as fol…

The sum of $100,000.00, or so much thereof as may be necessary, is hereby appropriated from the State Treasury for expenditure in effectuating the purpose of this chapter. Such expenditures shall be made on requisitions signed by the compact administrator and approved by the Gove…

State Officers. There is hereby granted to the Governor, to the members of the authority for Alabama and to the compact administrator all the powers provided for in said compact and in this chapter. All officers of the State of Alabama are hereby authorized and directed to do all…

This chapter shall become effective immediately upon its passage and approval by the Governor, and when the State of Mississippi makes an appropriation of at least an equal amount to carry out the purposes of this compact. History: (Acts 1957, No. 355, p. 467, §5.)

For the purpose of the compact set out in this chapter, the term “deep draft harbor and terminal” means a structure, series of structures or facility of any type located on the continental shelf off the coast designed to accommodate deep draft vessels whose draft is greater than …

The Governor, on behalf of this state, is hereby authorized to execute a compact, in substantially the form as provided hereinafter, with the State of Mississippi: Article I. The purpose of this compact is to promote the development of a deep draft harbor and terminal to be locat…

In this chapter, these terms shall have the following meanings, unless the context clearly indicates otherwise: (1) DEEP DRAFT HARBOR OR TERMINAL. A structure, series of structures or facility of any type located on the continental shelf off the coast, within or without the State…

Employees of the commission are entitled to compensation as provided by the commission. History: (Acts 1973, No. 1064, p. 1779, §11.)

After proper notice and hearing, the commission shall adopt rules for its operations and to carry out its powers, duties and responsibilities. History: (Acts 1973, No. 1064, p. 1779, §13.)

The commission may apply for, request, solicit, contract for, receive and accept money and other assistance from any source to carry out its duties. History: (Acts 1973, No. 1064, p. 1779, §14.)

All information, documents and data collected by the commission in the performance of its duties are the property of the state. All records are open to inspection by any person during regular office hours. History: (Acts 1973, No. 1064, p. 1779, §15.)

The commission shall formulate general policy to govern the agency and its activities. The commission has the powers and duties specifically prescribed by this chapter and all other powers necessary or convenient to carry out its responsibilities. History: (Acts 1973, No. 1064, p…

The commission is granted all powers capable of being delegated by the Legislature under the Constitution of the state, including but not limited to authority: (1) To own, construct, operate, maintain and lease docks, wharves, sheds, elevators, pipelines, pumping stations and fac…

with Other Agencies. The commission shall be vested with exclusive and plenary authority to do any and all things necessary or proper for the commission to promote, plan, finance, develop, construct, control, operate, manage, maintain and modify the commission development program…

The commission shall have exclusive jurisdiction over the commission development program within the coastal waters of Alabama. The commission shall have the right to acquire waterbottoms inside and outside of the territorial limits of the State of Alabama for use in the construct…

To enable the commission to perform the work herein provided, the State of Alabama, acting by and through the appropriate state departments, is hereby authorized, empowered and directed to grant to the commission a lease on state- owned waterbottoms which are selected by the comm…

Compensation of Oyster Lessees. The commission may lease or sublease lands leased from the State of Alabama and is authorized to negotiate and enter contracts or agreements with any public or private individual or corporation for the construction and operation of a petroleum and …

It is the intent and purpose of this chapter to provide for the creation of the Ameraport Offshore Harbor and Terminal Commission, hereinafter referred to as the “commission,” to promote, plan, finance, develop, construct, control, operate, manage, maintain and modify a deep draf…

The commission is hereby empowered to take all necessary steps to protect Alabama’s unique coastal environment from any short-term or long-term damage or harm which might occur from any aspect of the commission development program. History: (Acts 1973, No. 1064, p. 1779, §19.)

The commission may contract with any agency, public or private, to provide for public utilities on such terms as are agreed upon. The commission and the respective utilities may contract for the financing, construction and extension of sewerage, water, drainage, electricity, gas …

Where the commission deems it advisable and in the public interest to purchase machinery, equipment or vehicles of certain makes, kinds or types, the commission may purchase those makes, kinds or types, but they shall not pay more than the actual market price for the machinery, e…

The commission may enter into intergovernmental contract agreements with existing port authorities, individually, or with any city, municipality or subdivision of the state, and may engage jointly in the exercise of any power, the making of any improvements which each of the part…

The commission is granted the power to incur debt and issue bonds by any of the means authorized by the Constitution and laws of the State of Alabama. Any revenue-producing wharf, dock, warehouse, elevator, industrial facility or other structure owned by or to be acquired by the …

It is the intent of this chapter that the commission shall not be required to pay any taxes or assessments on any property acquired or used by it under the provisions of this chapter or upon the income therefrom, and any bonds issued hereunder shall be serviced from the income of…

The commission created by this chapter shall cease to exist upon the authorization of a bistate compact by the U.S. Congress for essentially the same purposes as this chapter. History: (Acts 1973, No. 1064, p. 1779, §26.)