Code of Alabama - Title 9: Conservation and Natural Resources - Chapter 13 - Forests and Forest Products

• Article 1 General Provisions.
• Section 9-13-1 Gifts of lands for state forests
  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...
• Section 9-13-2 Distribution and expenditure of receipts from national forests
  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...
• Section 9-13-3 Assistance, etc., of private landowners; suppression of forest fires, etc.; promotion and development of forestry, etc.; acquisition, management and disposition of land; officers, assistants and employees
  (a) The commission shall give such advice, assistance and cooperation as may be practicable to private landowners and promote, so far as it may be...
• Section 9-13-4 Alabama Forestry Commission Fund
  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...
• Section 9-13-5 Designation or appointment of forest wardens; duties
  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...
• Section 9-13-6 Forest fire wardens - Appointment; duties generally
  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...
• Section 9-13-7 Forest fire wardens - Right of entry upon lands for construction of fire lines, etc
  Persons so appointed as forest wardens shall be empowered to enter any lands and to construct thereon fire lines, fire lanes or fire breaks, to...
• Section 9-13-8 Forest fire wardens - Issuance to and use of fire-fighting equipment
  At the discretion of the State Forester, such forest fire wardens may be issued fire-fighting equipment from such equipment as may be available for such...
• Section 9-13-9 Forest fire wardens - Compensation
  The State Forester, with the approval of the state merit board, shall have the power to provide for the compensation to be received by such...
• Section 9-13-10 Powers of State Forestry Commission employees as to enforcement of laws, prevention and suppression of forest fires, etc
  All employees of the State Forestry Commission appointed as forest law enforcement officers by the State Forester are hereby constituted peace officers of the State...
• Section 9-13-10.1 Assistance of State Forestry Commission in control and suppression of 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...
• Section 9-13-10.2 Rulemaking authority; violations; enforement
  (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...
• Section 9-13-11 Willful, malicious, or intentional setting on fire, etc., of woodlands, grasslands, etc.; burning permits; fire alerts; organized forest fire protection; fines
  (a) It shall be a Class C felony for every person, firm, association, or corporation to do either of the following: (1) Willfully, maliciously or...
• Section 9-13-12 Uncontrolled fires declared public nuisances; liability for refusal or neglect to control or extinguish same
  Any fire burning uncontrolled on any forested, cutover, brushland or grassland area is hereby declared to be a public nuisance by reason of its menace...
• Section 9-13-13 Setting on fire, etc., of woods, etc., without written notice to adjacent landowners
  Any person or corporation who shall set fire to or procure another to set fire to any woods, logs, brush, weeds, grass or clearing upon...
• Section 9-13-14 Equipping of locomotives, etc., with appliances to prevent escape of fire
  Logging and railroad locomotives, donkey and threshing engines and other engines and boilers operated in, through and near forest or brush which do not burn...
• Section 9-13-15 Attachment of wires, etc., to trees in towns or cities by lighting or power companies
  No electric lighting or power company shall attach any wires or other lighting appliances to any trees along any street of any town or city...
• Section 9-13-22 District attorneys to prosecute violators of provisions of chapter
  The district attorneys of the several counties shall prosecute all violators of the provisions of this chapter.
• Section 9-13-23 Jurisdiction of prosecutions under chapter
  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...
• Section 9-13-24 Fees of arresting officers, etc.; informers' fees
  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...
• Section 9-13-25 Forestry Study Committee established; membership; meetings; duties; 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.
• Article 2 Auxiliary State Forests.
• Section 9-13-40 Declaration of public policy; deferred taxation of timber on lands 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...
• Section 9-13-41 Designation of lands as auxiliary state forests - Applications
  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...
• Section 9-13-42 Designation of lands as auxiliary state forests - When abstract of title, 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...
• Section 9-13-43 Designation of lands as auxiliary state forests - Inspection of lands; 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...
• Section 9-13-44 Designation of lands as auxiliary state forests - Contents of contracts
  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...
• Section 9-13-45 Abrogation of contracts
  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,...
• Section 9-13-46 Withdrawing of lands as auxiliary state forests; harvesting or use of 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...
• Section 9-13-47 Appraisal of timber upon withdrawal of lands as state harvests, etc.; 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...
• Section 9-13-48 Lien on timber for payment of privilege taxes; collection of other 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...
• Section 9-13-49 Disposition of privilege taxes
  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...
• Section 9-13-50 Maintenance of records as to auxiliary state forests
  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...
• Article 3 Regulations as to Cutting, Removal, Purchase, etc., of Forest Products.
• Section 9-13-60 Unauthorized cutting, removal, transportation, etc., of timber or other forest products
  (a) It is unlawful for any person or persons to do any of the following: (1) Willfully and knowingly cut, kill, destroy, girdle, chop, chip,...
• Section 9-13-61 Charges in affidavits, informations or indictments under article; proof of title, etc
  In any affidavit, information or indictment under this article, the person or persons accused may be charged with commencing or conspiring to commence at some...
• Section 9-13-62 Liability
  Any person or entity who damages, destroys, cuts, or removes timber or other forest products not owned by that person or without the authority of...
• Section 9-13-63 Record of purchases, etc., of manufactured or semimanufactured forest products; provision of false information to purchasers, etc.; failure to maintain record, etc
  Any person, firm, or corporation buying, contracting to buy, or otherwise acquiring logs, poles, piling, crossties, pulpwood, veneer bolts, stave bolts, or other unmanufactured or...
• Section 9-13-64 Powers of State Forestry Commission employees as to enforcement of article, etc
  All employees of the State Forestry Commission shall have the powers of peace officers in the enforcing of the provisions of this article. They shall...
• Section 9-13-65 Disposition of fines
  All fines collected from violations of Sections 9-13-60 and 9-13-63 shall go to the Alabama Forestry Commission Fund.
• Article 4 Forest Products Privilege and Severance Taxes.
• Section 9-13-80 Definitions
  The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context...
• Section 9-13-81 Levy of severance tax; lien upon forest products, etc., for payment of tax
  To provide further for conservation of the natural resources of the state by protection of the state's forests and development of the forestry program, there...
• Section 9-13-82 Rates; additional taxes; exemption; legislative intent
  (a) The measure of the forest products severance tax is at the following rates: (1) On pine logs severed in Alabama and delivered to a...
• Section 9-13-83 Exemptions from taxes
  The taxes levied by this article shall not apply to nor shall such taxes be required of those individual owners of timber who occasionally sever...
• Section 9-13-84
  (a) The taxes imposed by this article, and any other taxes imposed on the severance of forest products, shall be due and payable quarterly to...
• Section 9-13-85 Expenditures for forest protection
  Repealed by Act 2017-301, § 4, effective July 1, 2017.
• Section 9-13-86 Filing of quarterly reports and payment of taxes - Manufacturers and processors; payment of taxes
  Every manufacturer and processor, within 30 days after the expiration of each quarter annual period expiring, respectively, shall on the last day of March, June,...
• Section 9-13-87 Filing of quarterly reports and payment of taxes - Producers of forest products shipping, etc., same out of state in unmanufactured condition
  Every producer of forest products who shall ship the same out of the State of Alabama in an unmanufactured condition or who shall sell such...
• Section 9-13-88 Recordkeeping requirements
  It shall be the duty of every manufacturer and processor in this state and of every producer who shall ship forest products out of the...
• Section 9-13-90 Failure to make reports or maintain records
  Any person subject to the provisions of this article who shall fail to make the reports or any of them as required by this article...
• Section 9-13-93 When taxes delinquent
  The taxes provided in this article shall become delinquent after the date fixed for the filing of the quarter annual report to be filed with...
• Section 9-13-99 Lien upon property for payment of taxes, interest and penalties
  The taxes together with interest and penalties imposed by this article shall be a lien upon the property of any person subject to the provisions...
• Section 9-13-103 Proceedings as to persons designing to engage in acts prejudicial to 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...
• Section 9-13-104 Reports of transporters of forest products - Required
  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...
• Section 9-13-105 Reports of transporters of forest products - Failure to make report
  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...
• Section 9-13-106 Payment of taxes by counties or municipalities purchasing forest 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...
• Section 9-13-107 Forest products to which taxes imposed by article applicable
  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...
• Section 9-13-108 Taxes upon the excise or privilege of severing or manufacturing of 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...
• Section 9-13-109 Legislative findings
  (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...
• Section 9-13-110 Legislative intent
  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,...
• Article 5 Protection of Forest Trees from Insect Infestation or Tree Disease Infection.
• Section 9-13-120 Definitions
  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...
• Section 9-13-121 Investigations as to existence of insect infestations or disease 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...
• Section 9-13-122 Declaration of existence of control zones, etc
  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...
• Section 9-13-123 Notice to landowners upon establishment of control zones; powers of 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...
• Section 9-13-124 Dissolution of control zones
  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...
• Section 9-13-125 Cooperative agreements with federal government, public or private 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...
• Section 9-13-126 Control of Forest Tree Insects and Diseases Fund
  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...
• Article 6 Fire Prevention in Emergency Drought Conditions.
• Section 9-13-140 Declaration of drought emergency conditions
  Whenever conditions exist in any county or counties in this state which produce extraordinary danger from fire, the State Forestry Commission, with approval of the...
• Section 9-13-141 Setting fires, building campfires or burning trash during drought emergencies; backfires
  At such time as the State Forestry Commission has declared by regulation a drought emergency in any county or counties, it shall be unlawful in...
• Section 9-13-142 Penalties for violations of provisions of article
  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...
• Article 6A Special Ad Valorem Tax for Fire Protection.
• Article 7 County Taxes and Assessments for Forest and Forest Fire Protection.
• Division 1 Special Taxes for Forest Protection.
• Section 9-13-160 "Forestland" defined
  "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...
• Section 9-13-161 Special annual tax for forest protection - Authorized
  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...
• Section 9-13-162 Special annual tax for forest protection - Designation of forest 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...
• Section 9-13-163 Special annual tax for forest protection - Assessment and levy of tax 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...
• Section 9-13-164 Special annual tax for forest protection - Provision of list of 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...
• Section 9-13-165 Special annual tax for forest protection - Inspection, designation, 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...
• Section 9-13-166 Special annual tax for forest protection - Collection, disposition and 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"...
• Section 9-13-167 Special annual tax for forest protection - Change or discontinuance of 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...
• Division 2 Assessments for Forest Fire Protection.
• Section 9-13-180 "Forestlands" defined
  "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...
• Section 9-13-181 Participation by county commissions in fire protection program of 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...
• Section 9-13-182 Participation by county commissions in fire protection program of 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...
• Section 9-13-183 Participation by county commissions in fire protection program of 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 commission after a public hearing is...
• Section 9-13-184 Participation by county commissions in fire protection program of 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 county taxes, and the...
• Section 9-13-185 Participation by county commissions in fire protection program of 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...
• Section 9-13-186 Participation by county commissions in fire protection program of 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 compensation therefor the same...
• Section 9-13-187 Participation by county commissions in fire protection program of 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...
• Article 7A State Assessment for Forest Fire Protection and Prevention.
• Section 9-13-188 Legislative intent
  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...
• Section 9-13-189 Definitions
  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....
• Section 9-13-190 Administration; rules and regulations
  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...
• Section 9-13-191 Finance charge, fee or assessment on forest land; disposition of 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...
• Section 9-13-192 Manner of collection of charge, fee, or assessment; distribution
  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...
• Section 9-13-193 Referendum; amount of assessment; payment and remission of 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...
• Section 9-13-194 Management of referendum
  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...
• Section 9-13-195 Referendum after failed referendum
  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...
• Section 9-13-196 Failure to pay assessment; penalty; lien on property
  (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...
• Section 9-13-197 Change in finance charge, fee or assessment
  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...
• Section 9-13-198 Assessments, fees, etc., not a tax
  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...
• Article 8 Southeastern Interstate Forest Fire Protection Compact.
• Section 9-13-200 Authorized; form
  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...
• Section 9-13-201 Payment of expenses of advisory committee in attending meetings
  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...
• Article 9 Timber Theft Equipment Condemnation.
• Section 9-13-220 Short title
  This article shall be known as the Timber Theft Equipment Condemnation Act.
• Section 9-13-221 Seizure of vehicle and equipment upon arrest for certain criminal violations; delivery to district forester
  It shall be the duty of any sheriff, policeman, forestry officer, or other peace officer or law enforcement officer in the State of Alabama, arresting...
• Section 9-13-222 Report of seizure to district attorney
  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...
• Section 9-13-223 Report to district attorney after conviction of person for theft of timber or lumber
  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 involving timber...
• Section 9-13-224 Notice to creditors; institution of condemnation proceedings; legal 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...
• Section 9-13-225 Forfeiture of equipment upon judgment; costs of proceedings; State Forester to keep records
  When any judgment of condemnation or forfeiture is made in any case filed under the provisions of this section, the judge making such judgment shall...
• Section 9-13-226 Use of proceeds from sale of equipment; award and distribution determined by State Forester
  In the event the seized items are sold, the proceeds from the sale shall be used, first, for payment of all proper expenses of the...
• Section 9-13-227 Provisions cumulative
  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...
• Article 10 Ginseng Regulation.
• Section 9-13-240 Findings and purpose
  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...
• Section 9-13-241 Definitions
  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...
• Section 9-13-242 Collection of ginseng
  (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...
• Section 9-13-243 Registration of ginseng dealers, growers and collectors
  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....
• Section 9-13-244 Record keeping requirements
  (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,...
• Section 9-13-245 Exportation of ginseng from Alabama
  (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...
• Section 9-13-246 Promulgation of rules and regulations
  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...
• Section 9-13-247 Monitoring program conducted
  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...
• Section 9-13-248 Right of entry
  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...
• Section 9-13-249 Refusal or recall of permits, etc
  (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...
• Section 9-13-250 Violations
  (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...
• Article 11 Prescribed Burning.
• Section 9-13-270 Short title
  This article may be cited as the "Alabama Prescribed Burning Act."
• Section 9-13-271 Legislative findings
  (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...
• Section 9-13-272 Definitions
  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...
• Section 9-13-273 Liability for damage caused by fire; requirements; rules and 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...
• Section 9-13-274 No certification as prescribed burn manager required in certain 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...

Last modified: May 3, 2021