Code of Alabama - Title 23: Highways, Roads, Bridges and Ferries - Chapter 1 - Alabama Highways
- Article 1 General Provisions.
- Section 23-1-1 Contracts and regulations relative to federal assistance
The State Department of Transportation, by and through the director, is hereby authorized to enter into all necessary contracts and agreements with the United States...
- Section 23-1-2 Bid guaranty
Any other provisions of the law to the contrary notwithstanding, bidders for contract projects which contracts are with the State of Alabama, in behalf of...
- Section 23-1-3 Closing of public roads to traffic; acquisition of materials
The state, acting through the State Department of Transportation and its duly authorized employees, and the various counties of the state, acting through the county...
- Section 23-1-4 Permit required to dig up, etc., roads for utilities, railroads, etc.; restoration of road required upon completion of work; bond, etc., to guarantee restoration
No state-controlled road shall be dug up or used for laying pipelines, pole lines, sewers, railways, or for other similar purposes without the written permit...
- Section 23-1-5 Payment of costs of relocation of utility facilities necessitated by construction of highways
(a) Whenever the Director of Transportation shall determine and order that the relocation of any utility facility is necessitated by the construction of any project...
- Section 23-1-6 Signs, markers, and advertising - On rights-of-way
Signs, markers, and advertising on the rights-of-way of state controlled highways are prohibited except those official signs or markers placed thereon by the State Department...
- Section 23-1-7 Signs, markers, and advertising - Tourist attractions
(a) Upon the request of the Director of the Bureau of Tourism and Travel, the Director of the State Department of Transportation may cause to...
- Section 23-1-8 Numbers and names of highways
All highways built or maintained by and through federal or state aid shall be designated by numbers and by names, where such highways are known...
- Section 23-1-8.1 Expenditure of state funds for erection and maintenance of signs designating roads, bridges, etc., in honor or memory of individuals
After September 1, 1979, no state funds shall be expended in this state for purposes of erecting and maintaining signs designating roads, bridges, or buildings...
- Section 23-1-9 Elimination of railroad grade crossings
Whenever the funds of the state are being expended for the construction, maintenance, or repair of a public highway, the State Department of Transportation shall...
- Section 23-1-10 "Blue reflective markers" and "fire/water hydrant" defined; purpose and installation of blue reflective markers
(a) For purposes of this section, the following words and phrases shall have the respective meanings ascribed to them, except where the context clearly indicates...
- Article 2 Department of Transportation.
- Section 23-1-20 Creation
There shall be a State Department of Transportation. Notwithstanding any other provision of law, whenever any act, section of the Code of Alabama 1975, or...
- Section 23-1-21 Director of Transportation
The chief executive officer of the State Department of Transportation shall be known as the Director of Transportation, who shall be appointed by the Governor...
- Section 23-1-21.1 Definitions
The following terms, whenever used or referred to in this section and Sections 23-1-21.2 and 23-1-21.3, shall have the following meanings, except in those instances...
- Section 23-1-21.2 Authority of director with regard to public transportation
The director, acting alone or through, and in cooperation with local entities, is hereby delegated the authority to: (1) Enter into agreements with local entities...
- Section 23-1-21.3 Cooperation with federal, state and local entities in administration of public transportation programs
The director is authorized to administer any public transportation program with such flexibility as to permit full cooperation between federal, state, and local entities, so...
- Section 23-1-21.4 Deputy directors
(a) The Director of Transportation may appoint up to three deputy directors of transportation with the approval of the Governor. The Director of Transportation may...
- Section 23-1-22 Chief engineer - Office created; appointment, salary, expenses, and bond; applicability of Merit System
(a) There is hereby created within the State Department of Transportation the position of chief engineer, which shall be filled by appointment by the Director...
- Section 23-1-23 Chief engineer - Qualifications
The chief engineer shall be a licensed professional engineer in the State of Alabama with a minimum of 15 years' progressive professional engineering experience pertaining...
- Section 23-1-24 Chief engineer - Duties
The chief engineer of the State Department of Transportation shall coordinate the general mathematical, physical, and engineering sciences as applied to the planning, design, construction,...
- Section 23-1-25 Legal division - Creation; appointment of chief counsel
There is hereby established and created in the State Department of Transportation a legal division, which shall be headed by and be under the direction,...
- Section 23-1-26 Legal division - Appointment of assistant counsel; chief and assistant counsel to be commissioned and take oath as assistant attorneys general
The Director of Transportation, with the approval of the Attorney General and subject to the state Merit System law, may appoint assistant counsel as may...
- Section 23-1-27 Legal division - Salaries
The salaries of the chief counsel and assistant counsel shall be fixed in accordance with the Merit System pay plan for assistant attorneys general and...
- Section 23-1-28 Legal division - Offices, etc.; expenses
The chief counsel and the assistant counsel shall be furnished with offices, necessary stenographic and clerical help, subject to the provisions of the state Merit...
- Section 23-1-29 Legal division - Charging of salaries and expenses
The salaries of the chief counsel, assistant counsel, stenographic and clerical help, and other expenses of the legal division shall be charged, so far as...
- Section 23-1-30 Legal division - Functions and duties
The functions and duties of the legal division of the State Department of Transportation shall, as all other assistant attorneys general, include the following: (1)...
- Section 23-1-31 Legal division - Private practice prohibited
The chief counsel and assistant counsel shall devote their full time to the State Department of Transportation and shall not, during their incumbency in office,...
- Section 23-1-32 Offices; director full-time position
The State Department of Transportation shall be provided with suitable offices at the State Capitol or such other places as the needs of the department...
- Section 23-1-33 Official records of department; appointment of assistants and personnel
The State Department of Transportation shall keep an official record of all its acts and doings. The Director of Transportation shall, under provisions of the...
- Section 23-1-34 Copies of plans and specifications to be kept; files and records open to public inspection; records as evidence
The State Department of Transportation shall keep on file in its office copies of all plans and specifications prepared by the State Department of Transportation,...
- Section 23-1-35 Annual report to Governor
On or before April 1 in each year, the State Department of Transportation shall submit a printed report to the Governor, stating as nearly as...
- Section 23-1-36 Employees used on transferred county roads and bridges
Whenever responsibility for the construction, maintenance, and repair of county roads and bridges is transferred by law from any county commission to the State Department...
- Section 23-1-37 Use of convict labor
The State Department of Transportation may work convicts in the construction or maintenance of public roads and bridges of Alabama, as may now or may...
- Section 23-1-38 Paying expenses of nonemployees prohibited
Any officer or employee of the State Department of Transportation who pays or authorizes to be paid the expense account of any person not employed...
- Section 23-1-39 Seal; power to administer oaths, etc
The State Department of Transportation shall have a seal and shall have the power to administer oaths, take affidavits, and make certificates.
- Section 23-1-40 Duties and powers generally
(a) It shall be the duty of the Department of Transportation to designate the roads to be constructed, repaired, and maintained and to construct, standardize,...
- Section 23-1-41 Self-insurance program for department employees
(a) The State Department of Transportation is authorized and empowered and may, with the approval of the Governor provide for a self-insurance program covering a...
- Section 23-1-42 Roads, etc., located on state institutions
(a) The roads and streets, drives, and parking areas located on the campus of any state institution of higher learning, the Alabama state hospitals, the...
- Section 23-1-43 State agricultural experiment station roads
The State Department of Transportation shall construct, repair, and maintain all roads on land owned by the state which is located within the boundaries of...
- Section 23-1-44 Right of entry for purpose of making surveys and taking soil samples
(a) All officers and employees of the State Department of Transportation are hereby authorized and empowered to enter upon and go across the lands of...
- Section 23-1-45 Acquisition of rights-of-way
Any other provision of law to the contrary notwithstanding, the Director of Transportation shall have authority to acquire the rights-of-way deemed necessary by the State...
- Section 23-1-46 Changes or additions to state road system
The State Department of Transportation shall have full authority to make such changes or additions to the system of state roads to conform to the...
- Section 23-1-47 Authority to maintain, etc., city and town streets and roads
(a) It is hereby declared by the Legislature of Alabama that all city and town streets and roads in the State of Alabama, including viaducts,...
- Section 23-1-48 Application by counties for construction or maintenance of state road or bridge
Whenever a county commission shall desire that a state road or bridge on a state road in said county be constructed or maintained with state...
- Section 23-1-49 Furnishing of competent engineers
The State Department of Transportation shall furnish a competent engineer, when needed, during the progress of road or bridge construction, repair, or maintenance in any...
- Section 23-1-50 Authority to procure equipment; payment of expenses
Subject to the provisions of Chapter 4, Title 41, the State Department of Transportation is authorized to rent, construct, or purchase such buildings, stock, machinery,...
- Section 23-1-50.1 Road machinery and equipment management program; Equipment Management Surplus Reserve Account
(a) It is the intent of the Legislature to give the State Department of Transportation authority to accumulate depreciation, equipment replacement allowances, and salvage value...
- Section 23-1-51 Purchase of motor fuels, oils, greases, and lubricants
(a) All motor fuels, oils, greases, and lubricants bought by or for the State Department of Transportation for use in each county in which the...
- Section 23-1-52 License exemption for vehicles of department
Motor vehicles used by the State Department of Transportation, its officials or engineers, shall not be subject to any state, county, or municipal license.
- Section 23-1-53 Contracts to do work - Authority
The State Department of Transportation may enter into contracts with any of the counties of the state or with any of the municipalities of this...
- Section 23-1-54 Contracts to do work - How drawn and approved
Every contract for road or bridge construction, repair, or maintenance under the provisions of this chapter shall be made in the name of the State...
- Section 23-1-55 Contracts to do work - Preconditions
No contracts for construction, repair, or renewals of highways, bridges, or culverts shall be let without the approval of the Governor and until after all...
- Section 23-1-56 Contracts to do work - Qualification of bidders
(a) Prequalifications of contractors. The Director of Transportation shall require all bidders to furnish a statement under oath, on such forms as the State Department...
- Section 23-1-57 Agreements and contracts with adjoining states and federal government relative to bridges
The State Department of Transportation may enter into agreements and contracts with adjoining states and the federal government relative to the acquisition, construction, maintenance, and...
- Section 23-1-58 Interest of employees, etc., in construction, etc., of roads and bridges prohibited
Neither the director nor any other person in the employ of the Department of Transportation shall be, either directly or indirectly, interested in any contract...
- Section 23-1-59 Rules and regulations of department
(a) The State Department of Transportation shall have the right and power to adopt all reasonable and necessary rules and regulations for the better construction,...
- Section 23-1-60 Authority of Director of Transportation to alter plans or character of work, determine need for extra work, make supplemental agreements, etc
The following implementation of the provisions of the State Department of Transportation standard specifications for highways and bridges is hereby adopted as a statutory provision,...
- Section 23-1-61 State Highway Fund - Appropriations; vehicle license fees deposited in fund; manner of making payments from fund
There is hereby appropriated to the State Department of Transportation for its use the entire net revenue derived by the state from the sale of...
- Section 23-1-62 State Highway Fund - Purposes for which used
(a) All proceeds arising from the sale of state highway bonds and the revenue appropriated to the State Department of Transportation, when received by the...
- Section 23-1-63 Limitation of obligations, etc., outstanding or authorized on inauguration date of incoming Governor
The Director of Transportation shall not, on the inauguration date of an incoming Governor, have outstanding obligations, encumbrances, or commitments or shall have authorized the...
- Section 23-1-64 Disposal of surplus personal property - Department to be responsible for disposal; sale at fair market value and payment; preferences; notification by municipalities and counties
(a) Notwithstanding the provisions of Sections 41-16-120 to 41-16-125, inclusive, the State Department of Transportation shall be responsible for the distribution, transfer, or disposal of...
- Section 23-1-65 Disposal of surplus personal property - Availability; list of surplus property
(a) Surplus personal property shall be made available at such times and places as determined to be appropriate by the State Department of Transportation for...
- Section 23-1-66 Disposal of surplus personal property - Sale procedures
(a) This section shall apply only to the property which has been held by the State Department of Transportation for a period of not less...
- Article 3 Public Roads, Bridges and Ferries.
- Section 23-1-80 County commissions - Powers and duties generally
The county commissions of the several counties of this state have general superintendence of the public roads, bridges, and ferries within their respective counties so...
- Section 23-1-80.1 County commissions - Use of county roads in conducting timber operations
(a) A county commission, by ordinance or resolution, may require all persons or firms that own timber in any unincorporated area of the county which...
- Section 23-1-81 County commissions - Authority to establish, operate, etc., bridges, ferries, causeways, etc.; licensing
(a) The county commission of each county is invested with authority to purchase or establish toll bridges, free bridges, causeways, and ferries or free ferries...
- Section 23-1-82 County commissions - Eminent domain
The county commissions of the several counties of the state are given the right of eminent domain for the purpose of establishing and changing public...
- Section 23-1-83 Transfer of general fund surplus to road fund by county
The county commission of any county in this state may transfer to the road fund of the county any surplus of the general funds of...
- Section 23-1-84 Authority of county to expend funds derived from fees, etc., levied on vehicles and fuels
(a) The several counties of the state are hereby authorized to expend the funds derived from fees, excises, or license taxes levied by the state...
- Section 23-1-85 Construction of electric transmission, telegraph, or telephone lines in right-of-way of county highways
The right-of-way is granted to any person or corporation having the right to construct electric transmission, telegraph, or telephone lines within this state to construct...
- Section 23-1-86 Establishment, etc., within municipalities
The county commission of any county, with the consent or permission of the city council or governing body of any municipality, may establish, construct, and...
- Section 23-1-87 Expense of building county line bridges, ferries, or causeways
Whenever a bridge, ferry, or causeway is necessary on the line between two counties, the same must be built at the joint expense of such...
- Section 23-1-88 Facilities between adjoining counties - Authority of counties to build, establish, etc
Adjoining counties may purchase, establish, build, maintain, and operate bridges and ferries or public highways across streams, swamps, waters, or marshes which form the boundary...
- Section 23-1-89 Facilities between adjoining counties - Extension of aid by other counties
The county commission of any county in the state that will be benefited by the establishment of such means of communication as are set forth...
- Section 23-1-90 Extension of aid by municipalities
The governing authority of any municipality that would be benefited by the purchase, establishment, construction, or maintenance of the bridges, causeways, highways, or ferries, or...
- Section 23-1-91 Aid for development of access roads or bridges to certain facilities by contiguous counties or municipalities
The county commission of any county or governing body of any municipality in this state is hereby authorized, upon the adoption by a majority vote...
- Section 23-1-92 Advertisement for contract bids - Requirement
No contract where the estimated cost of the work will exceed $250.00 shall be made except after advertisement for 30 days in some newspaper published...
- Section 23-1-93 Advertisement for contract bids - Exceptions
In the event of the destruction of a bridge, or damage thereto, rendering the same impassable, or in any other emergency, the county commission may...
- Section 23-1-94 Construction of article not to conflict with local or special laws
Nothing in this article shall be construed to authorize the county commissions of the several counties to establish, promulgate, or enforce any rules, regulations, or...
- Section 23-1-95 Violation of rules, etc., enacted by county commissions
No person shall violate any rule, regulation, or law which may be adopted or promulgated by the county commission of any county under the authority...
- Article 3A Roads and Bridges in Captive Counties.
- Section 23-1-100 "Captive county" defined
Unless different meanings are expressly specified in subsequent provisions of this article the term "captive county" means a county where the State Department of Transportation...
- Section 23-1-101 Powers and duties of county commissions of captive counties as to construction, repair, and maintenance of county roads and bridges generally
The county commission of each of the captive counties shall be solely responsible for the construction, repair, and maintenance of the county roads and bridges...
- Section 23-1-102 Transfer to counties of unexpended funds maintained by State Department of Transportation; payment to counties of tax proceeds, federal aid accruals, etc
Any unexpended moneys remaining in the fund required by law to be maintained by the State Department of Transportation for use in the construction, repair,...
- Section 23-1-103 Transfer to counties by State Department of Transportation of facilities and properties for construction, repair, and maintenance of roads; resolution of disputes as to transfers
The State Department of Transportation shall transfer and turn over to the governing body of each of the captive counties adequate facilities and properties to...
- Section 23-1-104 Furnishing of counties with lists of persons employed by State Department of Transportation therein; employment by counties of persons on lists; employment status of other persons employed by department in counties; liability for accumulated obligations due and payable to present employees of department; payment by department of accumulated sick leave of transferred employee
The State Department of Transportation shall furnish a list to each captive county with the name, position, rate of pay, and length of service of...
- Section 23-1-105 Effect of article upon contracts for construction, repair and maintenance of county roads and bridges entered into by State Department of Transportation
Any contract for the construction, repair, and maintenance of county roads and bridges in each of the captive counties entered into by the State Department...
- Section 23-1-106 Effect of article upon outstanding financial obligations incurred by counties; disposition of funds received by state from counties for road and bridge work therein
All outstanding financial obligations which were incurred prior to the adoption of this article for the construction, repair, or maintenance of county roads and bridges...
- Section 23-1-107 Effective date
This article after its passage and approval by the Governor, or upon its otherwise becoming state law shall become effective October 1, 1979, or October...
- Article 4 Municipal Connecting Link Roads.
- Section 23-1-110 Purpose of article
It is hereby declared by the Legislature of Alabama that city and town streets and roads or portions thereof, including viaducts and bridges, which constitute...
- Section 23-1-111 Designation
The State Department of Transportation, hereinafter referred to as the department, shall, as early as practicable after July 26, 1949, designate such streets or roads,...
- Section 23-1-112 Maintenance and repair - Responsibility
The department is hereby authorized, empowered, directed, and required to maintain and repair, under its control and supervision, such designated municipal connecting link roads, to...
- Section 23-1-113 Maintenance and repair - Stipulations and conditions
The following stipulations and conditions shall obtain as to state maintenance of municipal connecting link roads: (1) State maintenance of a city or town street...
- Article 5 Private Roads.
- Article 6 Alabama Highway Authority.
- Section 23-1-150 Purpose and construction of article
It is the intention of the Legislature by the passage of this article to authorize the incorporation of the Director of Finance, the Director of...
- Section 23-1-151 Incorporation - Authorization
The Director of Finance, the Director of Transportation, the Attorney General, the State Treasurer and the Executive Secretary to the Governor may become a corporation,...
- Section 23-1-152 Incorporation - Application
To become a corporation, the Director of Finance, the Director of Transportation, the Attorney General, the State Treasurer and the Executive Secretary to the Governor...
- Section 23-1-153 Incorporation - Certificate
When the application has been made, filed and recorded as provided in Section 23-1-152, the applicants shall constitute a corporation under the name proposed in...
- Section 23-1-154 Members, officers and directors; quorum; vacancies; compensation; record of proceedings
The Governor shall be the president of the corporation, the Director of Finance shall be the vice-president of the corporation, the Director of Transportation shall...
- Section 23-1-155 Powers
The corporation shall have all of the following powers: (1) To have perpetual succession by its corporate name unless sooner dissolved pursuant to Section 23-1-160....
- Section 23-1-156 Contracts; conveyance of property to state
All contracts of the corporation for the construction, reconstruction and relocation of public roads, bridges and approaches thereto, tunnels, other public roadway improvements, and work...
- Section 23-1-157 Bonds - Generally
(a) The bonds of the corporation shall be signed by its president or vice president and attested by its secretary; provided, that a facsimile of...
- Section 23-1-158 Bonds - Disposition of proceeds
(a) The proceeds of all bonds, other than refunding bonds, issued by the corporation, remaining after paying the expenses of their issuance, shall be turned...
- Section 23-1-159 Bonds - Payments by State Treasurer
Out of the revenues appropriated and pledged for such purpose, the State Treasurer is authorized and directed to pay the principal of and interest on...
- Section 23-1-160 Dissolution
At any time when no securities of any kind of the corporation, whether issued under this article or under authorization contained in any other statutes,...
- Article 7 Alabama Highway Finance Corporation.
- Section 23-1-170 Purpose and construction of article
It is the intention of the Legislature by the passage of this article to authorize the incorporation of a public corporation for the following purposes:...
- Section 23-1-171 Incorporation - Authorization
The Director of Transportation, the Attorney General and the Director of Finance may become a corporation, with the powers and authorities provided in this article,...
- Section 23-1-172 Incorporation - Application
To become a corporation, the Director of Transportation, the Attorney General and the Director of Finance shall present to the Secretary of State of Alabama...
- Section 23-1-173 Incorporation - Certificate
When the application has been made, filed and recorded, as provided in Section 23-1-172, the applicants shall constitute a public corporation under the name proposed...
- Section 23-1-174 Composition; vacancies; compensation; records
The members of the corporation shall consist of the Governor, the Director of Transportation, the Attorney General, and the Director of Finance and their respective...
- Section 23-1-175 Powers
The corporation shall have the following powers: (1) To have succession by its corporate name without time limit; (2) To maintain actions and have actions...
- Section 23-1-175.1 Infrastructure improvements
(a) In order to accomplish infrastructure improvements contemplated for the benefit of the Alabama State Docks, the Alabama Highway Finance Corporation shall have the following...
- Section 23-1-176 Contracts; conveyance of property to state
All contracts of the corporation for the construction, reconstruction and relocation of roads and bridges, and work incidental or related thereto and the acquisition of...
- Section 23-1-177 Bonds - Generally
(a) The bonds of the corporation shall be signed by its president and attested by its secretary, and the seal of the corporation shall be...
- Section 23-1-178 Bonds - Disposition of proceeds
(a) The proceeds of all bonds, other than refunding bonds, issued by the corporation remaining after paying the expenses of their issuance shall be deposited...
- Section 23-1-179 Bonds - Payments by State Treasurer
Out of the revenues appropriated and pledged for such purpose, the State Treasurer is authorized and directed to pay the principal of and interest on...
- Section 23-1-180 Dissolution
At any time when no bonds of the corporation are outstanding, the corporation may be dissolved upon the filing with the Secretary of State of...
- Section 23-1-181 Appropriations and pledges of revenue for payment of principal and interest on bonds; sinking fund
(a) Where used in this section the following words and terms shall be given the following respective meanings: (1) BONDS. Such term, without qualifying words...
- Section 23-1-182 Diversity requirement
All persons and entities awarded a contract or employed pursuant to Sections 23-1-174, 23-1-177, 23-1-178, and 23-1-181 shall be inclusive and reflect the geographic, gender,...
- Article 8 Relocation Assistance.
- Article 8A Relocation Assistance.
- Article 9 Highway Beautification.
- Division 1 Scenic Enhancement.
- Division 2 Junkyard Control.
- Section 23-1-240 Short title
This division may be cited as the "Highway Beautification Act - Junkyard Control."
- Section 23-1-241 Definitions
For the purposes of this division, the following terms shall have the meanings respectively ascribed to them by this section: (1) AUTOMOBILE RECYCLER. Any establishment...
- Section 23-1-242 Declaration of policy
The regulation of junkyards in areas adjacent to any state highway included in the national system of interstate and primary highways is hereby declared to...
- Section 23-1-243 License - Required
No person shall establish, operate, or maintain a junkyard, any portion of which is within 1,000 feet of the nearest edge of the right-of-way of...
- Section 23-1-244 License - Issuance, revocation, and renewal; fees
The director shall have the sole authority to issue licenses for the establishment, maintenance, and operation of junkyards within the limits defined in this division,...
- Section 23-1-245 License - Conditions
No license shall be granted for the establishment, maintenance, or operation of a junkyard within 1,000 feet of the nearest edge of right-of-way of any...
- Section 23-1-246 Screening - Existing junkyards
Any junkyard lawfully in existence on September 8, 1971, which is located within 1,000 feet of the nearest edge of the right-of-way and visible from...
- Section 23-1-247 Screening - Rules and regulations
The director shall have the authority to promulgate rules and regulations governing the location, planting, construction, and maintenance, including the materials used, in screening junkyards...
- Section 23-1-248 Authority of director - Acquisition of land
(a) When the director determines that the topography of the land adjoining the interstate or primary systems will not permit adequate screening of such junkyards...
- Section 23-1-249 Authority of director - Regulations; agreements with United States Department of Transportation
The director may: (1) Promulgate regulations he deems necessary to implement and enforce provisions of this division; and (2) Enter into agreements with the United...
- Section 23-1-250 Penalty for violation of division; abatement of nuisances
The establishment, operation, or maintenance of any junkyard contrary to the provisions of this division shall be a public nuisance. Any person, partnership, or corporation...
- Section 23-1-251 Construction of division
Nothing in this division shall be construed to abrogate or affect the provisions of any lawful ordinance, regulation, or resolution which are more restrictive than...
- Division 3 Outdoor Advertising.
- Section 23-1-270 Short title
This division shall be known as and may be cited as the "Highway Beautification Act - Outdoor Advertising."
- Section 23-1-271 Definitions
For the purposes of this division, unless otherwise indicated, the following terms shall have the meanings respectively ascribed to them by this section: (1) ADJACENT...
- Section 23-1-272 Declaration of policy
The Legislature hereby finds and declares: (1) That outdoor advertising is a legitimate commercial use of private property adjacent to roads and highways; (2) That...
- Section 23-1-273 Erection or maintenance of signs - Prohibited in adjacent areas; exceptions
No sign shall, subject to the provisions of Section 23-1-274, be erected or maintained in an adjacent area after February 10, 1972, nor shall any...
- Section 23-1-274 Erection or maintenance of signs - Controls; criteria
The director shall effectively control, or cause to be controlled, the erection and maintenance of outdoor advertising signs, displays, and devices in all business areas...
- Section 23-1-275 Erection or maintenance of signs - Permits; identification tags or decals
(a) No sign permitted by the provisions of Section 23-1-274 may be erected without first obtaining a permit therefor from the director. No permit shall...
- Section 23-1-276 Erection or maintenance of signs - Name and address of owner and date of erection to appear on signs, etc
Each sign or structure regulated by this division shall have stated thereon the name and address of the owners thereof and the date of its...
- Section 23-1-277 Erection or maintenance of signs - Exceptions to Sections 23-1-275 and 23-1-276
The provisions of Sections 23-1-275 and 23-1-276 shall not be applicable to signs of less than one square foot in area, excluding the support, erected...
- Section 23-1-278 Enforcement of division generally
(a) Any sign erected or maintained in an adjacent area after February 10, 1972, and any outdoor advertising sign, display, or device erected with the...
- Section 23-1-279 Nonconforming signs - Removal and payment of compensation generally
(a) Signs outside of business areas which are lawfully in existence on February 10, 1972, but which do not conform to the requirements in this...
- Section 23-1-280 Nonconforming signs - Just compensation to be paid upon removal of signs
Just compensation shall be paid by the removing authority upon the removal of any of the following signs which are not then in conformity with...
- Section 23-1-281 Nonconforming signs - Just compensation - For what paid
The just compensation required by the provisions of Section 23-1-280 shall be paid for the following: (1) The taking from the owner of such sign,...
- Section 23-1-282 Nonconforming signs - Just compensation - To whom paid; agreements; civil actions
(a) Compensation required under the provisions of Sections 23-1-280 and 23-1-281 shall be paid to the person or persons entitled thereto. If the director and...
- Section 23-1-283 Nonconforming signs - Just compensation - Sufficient federal funds required
Despite any contrary provisions in this division, no sign shall be required to be removed unless at the time of removal there are sufficient funds,...
- Section 23-1-284 Agreement with United States Secretary of Transportation
The director, on behalf of the state, is authorized and directed to seek agreement with the Secretary of Transportation of the United States, acting under...
- Section 23-1-285 Director authorized to accept federal funds
The director may accept any allotment of funds by the United States, or any agency thereof, appropriated to carry out the purposes of Section 131,...
- Section 23-1-286 Rules and regulations
The Director of Transportation is hereby authorized to adopt such rules and regulations as are necessary and appropriate to carry out the provisions of this
- Section 23-1-287 Disposition of fees
All fees collected for the issuance of permits provided for under this division shall be paid into the State Treasury to be credited to the...
- Section 23-1-288 Penalty for violation of division, etc
Whoever erects or maintains a sign in violation of the provisions of this division or in violation of rules and regulations promulgated by the director...
- Article 9A Alabama Scenic Byways Program.
- Article 10 Federal Aid Highway Finance Authority.
- Section 23-1-300 Purpose and construction of article
(a) It is the intention of the Legislature by the passage of this article to authorize the incorporation of the Director of Finance, the Director...
- Section 23-1-301 Definitions
When used in this article, the following words and phrases shall have the following respective meanings unless the context clearly indicates otherwise: (1) AUTHORITY. The...
- Section 23-1-302 Incorporation - Authorization
The Director of Finance, the Director of Transportation, the Attorney General, the State Treasurer, and the Executive Secretary to the Governor may become a corporation...
- Section 23-1-303 Incorporation - Application
(a) To become a corporation, the Director of Finance, the Director of Transportation, the Attorney General, the State Treasurer and the Executive Secretary to the...
- Section 23-1-304 Incorporation - Certificate
(a) When the application has been made, filed and recorded as provided in Section 23-1-303, the applicants shall constitute a corporation under the name proposed...
- Section 23-1-305 Corporation - Generally
(a) The members of the corporation shall be the Governor, the Director of Finance, the Director of Transportation, the Attorney General, and the State Treasurer...
- Section 23-1-306 Corporation - Powers
The corporation shall have the following powers: (1) To have perpetual succession by its corporate name unless sooner dissolved pursuant to Section 23-1-318. (2) To...
- Section 23-1-307 Bonds and notes - Authorization for issuance
The authority shall have the power and is hereby authorized and empowered to sell and issue its bonds in order to provide as soon as...
- Section 23-1-308 Bonds and notes - Form, denominations, terms, redemption, etc
Any obligations authorized by this article shall be in such forms and denominations and of such tenor and maturities, shall bear such rate or rates...
- Section 23-1-309 Bonds and notes - Execution
The obligations authorized by this article shall be signed by the president or vice-president of the authority, as the board of directors shall designate, and...
- Section 23-1-310 Bonds and notes - Issuance and sale generally
Obligations of the authority may be sold at either public or private sale in such manner and at such price or prices and at such...
- Section 23-1-311 Bonds and notes - Source of funds; pledge of funds for payment of principal and interest thereon; negotiability
(a) The obligations authorized by this article shall not be general obligations of the authority, but shall be payable solely out of the funds appropriated...
- Section 23-1-312 Bonds and notes - Exemption from taxation; use as security for deposits; eligibility as investment for fiduciary funds
(a) Any obligations authorized by this article and the income therefrom shall be exempt from all taxation in the state. (b) Any of the obligations...
- Section 23-1-313 Bonds and notes - Disposition of proceeds from sale
The authority shall pay out of the proceeds from the sale of the obligations authorized by this article all expenses that the board of directors...
- Section 23-1-314 Bonds and notes - Payment generally
(a) For the purpose of providing funds to enable the authority to pay at their respective maturities and due dates the principal of and interest...
- Section 23-1-315 Investment of funds; pledge of interest from investments
Any funds held as the proceeds of obligations issued by the authority under this article and any funds held by the State Treasurer in the...
- Section 23-1-316 Payment by State Treasurer of principal and interest on bonds and notes; maintenance of records pertaining thereto
Out of the revenues appropriated and pledged and the sinking fund provided pursuant to Sections 23-1-314 and 23-1-315, the State Treasurer is authorized and directed...
- Section 23-1-317 Expenditure of proceeds; contracts; rules and regulations; conveyance of property
(a) If such action shall be necessary in order to comply with any federal legislation relating to federal aid in construction of roads and highways,...
- Section 23-1-318 Dissolution
At any time when no securities of any kind of the authority, whether issued under this article or under authorization contained in any other act,...
- Article 11 Rural Access Program.
- Article 12 Regulations of Aeronautics, Aircraft, and Airports Generally.
- Section 23-1-350 Purpose of article
It is the purpose of this article to facilitate the development of aeronautics, promote safety in aeronautics, and provide a uniform mechanism for overseeing and...
- Section 23-1-351 Transfer of property, funds, authority, and jurisdiction to the State Department of Transportation
All matters of any nature whatsoever which have heretofore come under the authority, jurisdiction, or purview of, or have been administered, overseen, or executed by...
- Section 23-1-352 Definitions
For the purpose of the laws of this state relating to aeronautics, the following words, terms, and phrases shall have the meanings herein given, unless...
- Section 23-1-353 Transfer of personnel
The current Director of the Alabama Department of Aeronautics shall be transferred to the Alabama State Department of Transportation into a Merit System position classified...
- Section 23-1-354 Aeronautics Commission - Composition; qualifications; appointment; terms of office; compensation; removal
The Alabama Aeronautics Commission, previously created pursuant to Section 4-2-30, shall serve in an advisory capacity to the Director of the Alabama State Department of...
- Section 23-1-355 Aeronautics Commission - Responsibilities
The commission shall serve in an advisory capacity to the Director of the Alabama State Department of Transportation and shall have the responsibility to advise...
- Section 23-1-356 Aeronautics Commission - Meetings; election of officers
(a) The commission shall hold a regular annual meeting on the second Tuesday in June at a time and place designated by the director. Additional...
- Section 23-1-357 Department - General supervision over aeronautics; cooperation with federal government and political subdivisions of the state; promulgation of rules and regulations
(a) The department shall have general supervision over all phases of aeronautics within the state pertaining to the planning and development of the state airport...
- Section 23-1-358 Director - Powers and duties generally
In addition to all other responsibilities prescribed for the department by this article, the director shall have the following powers and duties with respect to...
- Section 23-1-359 Authority and procedure for adoption of rules and regulations
(a) The department may adopt all reasonable and necessary rules and regulations to carry out the provisions of this article. (b) The rules and regulations...
- Section 23-1-360 Financial and technical assistance to municipalities in connection with acquisition, construction of airports, landing fields, or other navigational facilities
The department pursuant to appropriations made for aeronautics and aeronautical activities, may render financial assistance, and, insofar as is reasonably possible, may offer engineering or...
- Section 23-1-361 Authority to accept and receive federal funds for state acquisition, construction, etc., of airports and other navigational facilities; authority to act as agent of municipalities for same purpose; terms and conditions for disbursement of federal funds
(a) The department may accept, receive, and receipt for federal and other monies, for and on behalf of the state, any municipality, county, or airport...
- Section 23-1-362 Authority to audit financial records of municipality, county, and airport authority receiving funds
The department may audit the financial records of any municipality, county, and airport authority which receives any of the funds appropriated or allocated by the...
- Section 23-1-363 Authority to receive grants, donations, loans, etc., disposition of same for general promotion, advancement, of aeronautics
The department may receive grants, donations, gifts, and loans of funds, monies, equipment, materials, and services from any state, county, or municipal governments or any...
- Section 23-1-364 State Airports Development Fund
A fund known as the State Airports Development Fund is hereby created. The following shall be deposited in the fund to the credit of the...
- Section 23-1-365 Disposition and disbursement of State Airports Development Fund and other funds
All monies deposited into the State Airports Development Fund shall be expended for the purposes for which the monies are allocated in accordance with this...
- Section 23-1-366 Disbursement of state appropriated funds; exception as to funds deposited in Surplus Military Fields Fund
(a) The distributions, expenditures, withdrawals, and disbursements of any state appropriated funds in the State Treasury to the credit of, or under the supervision and...
- Section 23-1-367 Enforcement of aeronautics law; enforcement powers generally
It shall be the duty of the director, and every state, county, and municipal officer charged with the enforcement of state and municipal laws to...
- Section 23-1-368 Investigations; administration of oaths; subpoena of witnesses; enforcement of subpoena
The director may conduct investigations and hold inquiries relating to this article. All investigations conducted shall be open to the public. The director may administer...
- Section 23-1-369 Reports of investigations; limitations on use; prohibitions against compulsion of testimony
Notwithstanding any other provision of law to the contrary, in order to facilitate the making of investigations by the director in the interest of public...
- Section 23-1-370 Intervention in certain controversies
The department may participate as a party plaintiff or defendant, or as an intervener on behalf of the state or any municipality or citizen thereof,...
- Section 23-1-371 Formulation, adoption, of aircraft approach plans; airspace reservations
(a) The Legislature finds that an airport hazard endangers the lives and property of the general public, the users of airports, and the occupants of...
- Section 23-1-372 Approval of sites and licensing of airports
(a) The Legislature finds that airports, restricted landing areas, and other air navigation facilities shall be suitable for the purposes for which they are designated...
- Section 23-1-373 Certificate of approval or license for airport, landing field - Standards for issuance
In determining whether to issue a certificate of approval or license for any proposed airport or restricted landing area, the director may consider proposed location,...
- Section 23-1-374 Revocation, refusal to issue or renew license; procedure for review under the Alabama Administrative Procedure Act
In any case where the director refuses to issue a certificate of approval, license, or renewal of license for an airport, restricted landing area, or...
- Section 23-1-375 Operation of airport, landing field, without license prohibited; application for certificate of approval of proposed airport or landing field; limitation of operations conducted on licensed airport
(a) Except as otherwise provided in this article, a person or a municipality, officer, or employee of a municipality may not operate an airport, restricted...
- Section 23-1-376 Authority to conduct public hearings in considering application for approval of airport
The director may conduct public hearings for the purpose of gathering information and public comment on the consideration of an application for approval of an...
- Section 23-1-377 Exceptions
(1) PERSONAL USE. Sections 23-1-371, 23-1-372, 23-1-373, 23-1-375, 23-1-376, and 23-1-382 shall not apply to restricted landing areas on private property, designated for the use...
- Section 23-1-378 Acquisition, construction, operation of airports, facilities, power of condemnation generally
(a) The department may on behalf of and in the name of the state, within the limitation of appropriations or other funds available, acquire, by...
- Section 23-1-379 Acquisition of easements and other airport protection privileges
Where necessary, in order to provide unobstructed airspace for the landing and taking off of aircraft utilizing airports and restricted landing areas acquired or operated...
- Section 23-1-380 Exercise of power of eminent domain
For purposes of acquiring any property, the department may exercise the right of eminent domain, in the name of the state, pursuant to Chapter 1A,...
- Section 23-1-381 Lease of property, airports or space, improvements, for aeronautical purposes; airport concessions
The department may lease for operation for a term not exceeding 30 years, state-owned airports or other air navigation facilities or real property acquired or...
- Section 23-1-382 Possession, display, of federal license, certificate, rating, or permit; exceptions
(a) The federal license, certificate, rating, or permit required to operate an aircraft shall be kept in the personal possession of an aircraft operator when...
- Section 23-1-383 Jurisdiction of crimes and torts; state, municipal, immunity from liability
All crimes, torts, and other wrongs committed by or against an airman or passenger while in flight over the state and the question of whether...
- Section 23-1-384 Contracts made during flight
All contractual and other legal relations entered into by pilots or passengers while in flight over the state shall have the same effect as if...
- Section 23-1-385 Domestic animals or fowl on airports
An owner or keeper of any domestic animal or fowl may not allow a domestic animal or fowl to run at-large and enter or be...
- Section 23-1-386 Trespass upon and operation of vehicles on airports
(a) A person may not trespass upon the area within the boundaries of any airport or operate any vehicles upon or drive across any licensed...
- Section 23-1-387 Use of aircraft for hunting, prohibited
A person may not hunt, pursue, harass, wound, kill, or otherwise harm any wild waterfowl or other birds or animals by any means whatever during...
- Section 23-1-388 Reckless operation of aircraft
A person who operates any aircraft within the airspace over, above, or upon the lands and waters of the state, carelessly and heedlessly in willful...
- Section 23-1-389 Unauthorized use, possession, etc., of aircraft
A person who willfully and without authority takes possession of or uses an aircraft or unlawfully removes or takes any component parts of an aircraft...
- Section 23-1-390 Penalties for violation of this article
Except as herein otherwise provided, any person subject to this article who fails to comply with the requirements of, or violates this article, or of...
- Section 23-1-391 Effective date of transfer of balances, funds
All contractual rights, obligations of, and unexpended balances of appropriations and other funds or allocations of the Alabama Aeronautics Commission and the Alabama Department of...
- Article 13 Airport Airspace Safety Act of 2009.
- Section 23-1-410 Short title
This article shall be known as the Airport Airspace Safety Act of 2009.
- Section 23-1-411 Definitions
As used in this article, the following terms have the following meanings: (1) AIRPORT. Any area of existing land or man-made construction, except a restricted...
- Section 23-1-412 Airport hazards - Permits for construction, alteration, etc.; removal, modification, etc
(a) In order to prevent airport hazards, a person shall secure a permit from the department for the construction, erection, alteration to a greater height,...
- Section 23-1-413 Permit procedures
(a) The department shall establish procedures for submitting applications and issuing permits. (b)(1) The department shall produce and, from time to time, modify and update...
- Section 23-1-414 Zoning laws or ordinances control
(a) In the event of conflict between the requirements of this article and zoning laws or ordinances that regulate the height and location of airport...
- Section 23-1-415 Enforcement
The department may institute, in any court of competent jurisdiction, a civil action to enjoin, restrain, prevent, abate, or correct any violation of this article...
- Section 23-1-416 Valuation of property acquired for airport expansion
For the purpose of acquiring property for the expansion of an airport operated by a political subdivision, the value of the property within the existing...
- Section 23-1-417 Severability
Should any portion of this article be declared unconstitutional, void, or invalid by a final decision of any court of competent jurisdiction, this article, in...
- Article 14 Alabama Transportation Safety Fund.
- Section 23-1-430 Definitions. (This section terminates April 26, 2018, if no revenue is created.)
As used in this article, the following words have the following meanings: (1) DEPARTMENT. The Department of Transportation. (2) FUND. The Alabama Transportation Safety Fund.
- Section 23-1-431 (This section terminates April 26, 2018, if no revenue is created.) Alabama Transportation Safety Fund
There is hereby created the Alabama Transportation Safety Fund in the State Treasury. All proceeds from the revenues designated to the fund less the cost...
- Section 23-1-432 (This section terminates April 26, 2018, if no revenue is created.) Use of funds by department; reporting requirements
(a) The monies allocated to the department from the fund shall at all times be segregated and kept separate from other federal or state road...
- Section 23-1-433 (This section terminates April 26, 2018, if no revenue is created.) Use of funds by county; Transportation Safety Fund Plan; annual report
(a) Except for monies allocated pursuant to subdivisions (1) and (2) of Section 23-1-431, the monies paid to counties from the fund shall be deposited...
- Section 23-1-434 (This section terminates April 26, 2018, if no revenue is created.) Use of funds by municipality; Municipal Transportation Safety Fund Plan; annual report
(a) The monies distributed to a municipality from the fund shall be deposited in a separate fund maintained by the municipality and expended only for...
- Section 23-1-435 (This section terminates April 26, 2018, if no revenue is created.) Alabama Transportation Rehabilitation and Improvement Program Committee
(a) There is hereby created the Alabama Transportation Rehabilitation and Improvement Program (ATRIP) Committee. The appointing authorities shall coordinate their appointments to assure the committee...
- Section 23-1-436 (This section terminates April 26, 2018, if no revenue is created.) Termination of article
The provisions of this article shall automatically terminate two years after the effective date of this article if no revenue is created.
Last modified: May 3, 2021