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9-16-74
Section 9-16-74 Surface Mining Commission - Powers. In addition to any other powers conferred
on it by law, the commission shall have the power to do all of the following: (1) Adopt, amend,
suspend, repeal, and enforce reasonably necessary rules and regulations, provided such rules
and regulations shall not be more stringent than those promulgated by federal law, or rule
or regulation, to control surface coal mining operations consistent with this article including
the declaration of public policy and legislative intent contained in Section 9-16-71. Such
rules and regulations may be for the state as a whole or may vary from area to area, as may
be appropriate to accomplish the policy and intent of this article and in order to take into
account varying local conditions. (2) Hold public hearings as may be specified by law relating
to any aspect or matter in the administration of this article and, in connection therewith,
administer oaths and compel the attendance of witnesses and the...
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4-6-4
Section 4-6-4 Authority of counties and municipalities to adopt regulations; zoning jurisdiction
of counties and municipalities. (a) Counties. - In order to prevent the creation or establishment
of airport hazards, any county having an airport hazard area within its zoning jurisdiction,
as hereinafter defined, may adopt, administer and enforce, under the police power and in the
manner and upon the conditions hereinafter prescribed, airport zoning regulations for such
airport hazard area, which regulations may divide such area into zones, and within such zones
specify the land uses permitted and regulate and restrict the height to which structures and
trees may be erected or allowed to grow. The zoning jurisdiction of the county is hereby declared
to be all unincorporated areas in the county, except within the police jurisdiction of any
municipality and the area within two miles of an airport owned or operated by a municipality
when said municipality exercises or declares its intention...
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23-1-385
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 upon any premises
constituting an airport, restricted landing area, or other aeronautical facility. Violation
of this section is a Class C misdemeanor. (Act 2000-220, p. 328, ยง38.)...
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4-6-2
Section 4-6-2 Definitions. As used in this chapter, unless the context otherwise requires,
the following terms shall have the meanings respectively ascribed to them by this section:
(1) AIRPORT. Any area of land or water designed and set aside for the landing and taking-off
of aircraft and utilized or to be utilized in the interest of the public for such purposes.
(2) AIRPORT HAZARD. Any structure or tree or use of land which obstructs the airspace required
for the flight of aircraft in landing or taking-off at any airport or is otherwise hazardous
to such landing or taking-off of aircraft. (3) AIRPORT HAZARD AREA. Any area of land or water
upon which an airport hazard might be established if not prevented as provided in this chapter.
(4) POLITICAL SUBDIVISION. Any municipality, city, town, village or county. (5) PERSON. Any
individual, firm, copartnership, corporation, company, association, joint stock association
or body politic and includes any trustee, receiver, assignee or other...
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23-1-381
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 set apart
for airport purposes to any person, municipality, county, airport authority, state government
agency or to the federal government or agency thereof. The department may lease or assign
for a term not exceeding 30 years to a person, municipality, county, airport authority, state
government body, or the federal government, or to any agency of either thereof, for operation
or use consistent with this article, space, area, improvements or equipment on an airport;
may sell any part of an airport or other air navigation facilities to a municipality or state
government, or to the United States government or any agency or instrumentality thereof, for
aeronautical purposes or purposes incidental thereto. The...
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23-1-357
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 system plan and the
inspection, acquisition, establishment, construction, expansion, improvement, maintenance,
management, and operation of airports, restricted landing areas, and other air navigation
facilities. (b) The department shall cooperate with and assist the federal government, the
political subdivisions of this state, and others engaged in aeronautics or in the promotion
of safe aeronautical practices and shall seek to coordinate the aeronautical activities of
these bodies. It shall assist in the development of aeronautics and aeronautical facilities
within the state for the purpose of safeguarding the interest of the general public and...
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23-1-413
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 the forms on which the applications for a permit shall be made. (2) The
filing fee assessed by the department shall not exceed five hundred dollars ($500) per application.
Any number of structures or a group of structures may be included in a single application
so long as they are part of a single project. (3) Applications containing inaccurate or incomplete
information, or not accompanied by the correct application fee, shall be returned (together
with any fee submitted), without consideration, to the applicant. (4) Application fees shall
be deposited in the state Airports Development Fund, provided in Section 23-1-364, and used
by the department to administer this article. (c)(1) Permits shall not be required for any
structure or object of natural growth constructed, erected,...
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4-4-12
Section 4-4-12 Joint airports. Two or more municipalities may jointly acquire real property
by condemnation, purchase or gift, for airport purposes, and may jointly establish, construct,
equip, maintain and operate an airport thereon for the joint benefit of such municipalities.
The governing body of each participating municipality shall adopt a resolution authorizing
and directing the president, mayor or other member of such governing body to enter into a
contract with the other named participating municipality or municipalities for the acquisition,
establishment, construction, improvement, equipment, maintenance, operation, regulation, government
or financing of the joint airport. The form and terms of the contract authorized to be executed
shall be set out in full in such resolution. Whenever there shall be, or exist, any officer,
board, department, agency or instrumentality of the United States or of the State of Alabama
authorized to negotiate such a contract upon behalf of its...
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4-6-13
Section 4-6-13 Acquisition of air rights, easements, etc. In any case in which: (1) It is desired
to remove, lower or otherwise terminate a nonconforming structure or use; or (2) The approach
protection necessary cannot, because of constitutional limitations, be provided by airport
zoning regulations under this chapter; or (3) It appears advisable that the necessary approach
protection be provided by acquisition of property rights rather than by airport zoning regulations,
the political subdivision within which the property or nonconforming use is located or the
political subdivision owning the airport or served by it may acquire, by purchase, grant or
condemnation in the manner provided by the law under which political subdivisions are authorized
to acquire real property for public purposes, such air right, avigation easement or other
estates or interest in the property or nonconforming structure or use in question as may be
necessary to effectuate the purposes of this chapter. In the...
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9-16-130
Section 9-16-130 Filling voids, sealing tunnels, shafts, etc. (a) The Governor may request
the Secretary of Interior to authorize the director to fill voids, seal open or abandoned
tunnels, shafts, and entryways, and reclaim surface impacts of underground or surface mining
of minerals other than coal which the secretary determines could endanger life and property,
constitute a hazard to public health and safety, or degrade the environment. The director
is authorized and required to carry out such work pursuant to the request therefor by the
secretary. (b) Funds available for use in carrying out the purpose of this section shall be
limited to those funds which must be allocated to the state under the provisions of subsection
402(g) of Public Law 95-87. (c) In those instances where mine waste piles are being reworked
for conservation purposes, the incremental costs of disposing of the wastes from such operations
by filling voids and sealing tunnels may be eligible for funding providing...
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