Code of Alabama

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45-2-170
Section 45-2-170 Permits for construction using discoloring materials prohibited. (a) This
section shall apply only to Baldwin County, Alabama. (b) As used in this section, the term
"clays, sand clays, and other materials" means all soils and fill materials exhibiting
red, pink, yellow and brown, or both, characteristics, including, but not limited to, Blakely
sand clays, Carnegie sand clays, Eustis loam sand, Faceville sandy clay and loams, Huckabee
Aluvium, Izagora clay, Red Bay fine sand loam and clay loam, Ruston fine and sandy clay, Sunsweet
fine sandy loam and clay loam, and Wahee clay. (c)(1) The Building Official of Baldwin County,
Alabama, shall not issue a building permit for the construction of improvements, including,
but not limited to, driveways and foundations which use clays, sand clays, and other materials
which may discolor the natural white sands and waters in any of the following unincorporated
areas of Baldwin County, Alabama: a. All land located south of Highway...
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45-19-244
Section 45-19-244 Definitions. When used in this part, the following words and phrases shall
have the following meanings: (1) DEPARTMENT. The State Department of Revenue. (2) EARTHEN
MATERIALS. Materials covered in this part which include sand, clay, silt, loam, dirt, gravel,
rock, sand-gravel, clay-gravel, sand-clay, or any combination thereof, but does not include
graphite. (3) PERSON. Any individual, firm, partnership, corporation, association, or any
combination thereof. (4) PRODUCER. Any person engaging in the business of severing sand, clay,
silt, loam, dirt, gravel, rock, sand-gravel, clay-gravel, sand-clay, graphite, or any combination
thereof from the soil within Coosa County. (5) PURCHASER. Any person acquiring title, outright
or conditionally, to any interest in sand, clay, silt, loam, dirt, gravel, rock, sand-gravel,
clay-gravel, sand-clay, graphite, or any combination thereof. (6) SEVERING. Mining, stripping,
or otherwise taking or removing sand, clay, silt, loam, dirt,...
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23-1-3
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 commissions and their duly authorized
employees, in the doing of public roads work shall have and exercise the right, power, and
authority, when deemed necessary or advisable to do so, to close public roads to traffic and,
when possible so to do, to make detour roads and to contract for such land as may be necessary
for such detour roads; also to acquire, by purchase, or by condemnation, land necessary for
drainage ditches and borrow pits, lime and stone quarries, clay and clay pits, sand and sand
pits and gravel and gravel pits, together with any and all other material of every character
that may be necessary or essential or desired in the construction and maintenance of highways
and bridges, and to tap and draw materials from the same to such...
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9-16-2
Section 9-16-2 Definitions. Unless clearly indicated otherwise by the context, as used in this
article, the following terms have the following meanings: (1) AFFECTED LAND. The area of land
from which overburden has been removed or upon which overburden has been deposited after October
1, 1970. (2) CONTEMPORANEOUS. Occurring at the same time as a surface mining operation and
in conjunction with the grading activities at the site. (3) CONTIGUOUS. In actual contact,
touching, as contrasted with being near but not in contact. (4) DEPARTMENT. The Department
of Industrial Relations of the State of Alabama or any department, bureau, or commission as
may lawfully succeed to the powers and duties of the department relating to mining operations.
(5) DIRECT SEEDING. The planting of seeds by hand sowing, machine sowing, or aerial seeding.
(6) DIRECTOR. Director of the department or officer, bureau, or commission as may lawfully
succeed to the powers and duties of the director. (7) HIGHWALL. The...
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45-2-262
Section 45-2-262 Regulation of wind generated energy production facilities or equipment in
unincorporated areas. (a) This section shall apply within all unincorporated areas of Baldwin
County. (b) The county commission shall have zoning authority and the power to establish and
adopt ordinances, resolutions, rules, regulations, and procedures to regulate the permitting,
construction, placement, and operation of wind turbines, windmills, wind farms, and any other
wind-generated energy production facilities or equipment operated, in whole or in part, by
wind, sometimes referred to collectively as "wind-generated energy production facilities,"
also including, but not limited to, regulations regarding the size, location, and noise generated
by wind-generated energy production facilities. The regulations shall be adopted by ordinance
or resolution of the county commission at a regularly scheduled meeting of the commission.
(c) The county commission shall have zoning authority and the power...
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28-3-190
Section 28-3-190 Levy of tax; collection; disposition of proceeds by localities; enforcement
and administration; penalties; exclusive nature of tax. (a) Levy. In addition to the excise
tax levied by Article 5A of Chapter 3 of this title and the licenses provided for by Chapter
3A of this title and by Section 28-3-194, and any acts amendatory thereof, supplementary thereto
or substituted therefor, and municipal and county licenses, there is hereby levied a privilege
or excise tax on every person licensed under the provisions of Chapter 3A who sells, stores,
or receives for the purpose of distribution, to any person, firm, corporation, club, or association
within the State of Alabama any beer. The tax levied hereby shall be measured by and graduated
in accordance with the volume of sales by such person of beer, and shall be an amount equal
to one and six hundred twenty-five thousands cents (1.625 cents) for each four fluid ounces
or fractional part thereof. (b) Collection. The tax levied...
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45-49-252
Section 45-49-252 Definitions. The following words, phases, or terms as used in this part,
unless the context indicates otherwise, shall have the following meanings: (1) ABANDONED PROPERTY.
Wrecked or derelict property having no value other than nominal salvage value, if any, which
has been left abandoned and unprotected from the elements and shall include wrecked, inoperative,
or partially dismantled motor vehicles, trailers, boats, machinery, refrigerators, washing
machines, plumbing fixtures, and other similar articles which have no value other than nominal
salvage value, if any; and is in a condition violative of Alabama statutes. (2) ADMINISTRATIVE
DEPARTMENT. The department charged by the Mobile County Commission with the administrative
management of this part. (3) COMMISSION. The Mobile County Commission of Mobile County, Alabama.
(4) BULKY WASTE. Items whose large size precludes or complicates their handling by normal
collection, processing, or disposal methods. (5) BUNDLE. A...
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37-11A-1
Section 37-11A-1 Execution and text of compact. The Governor, on behalf of this state, shall
execute a compact, in substantially the following form, with the State of Mississippi, and
the Legislature approves and ratifies the compact in the form substantially as follows: Northeast
Mississippi - Northwest Alabama Railroad Authority Compact. The contracting states solemnly
agree: Article I. The purpose of this compact is to promote and develop trade, commerce, industry,
and employment opportunities for the public good and welfare in northeast Mississippi and
northwest Alabama through the establishment of a joint interstate authority to acquire certain
railroad properties and facilities which the operator thereof has notified the Interstate
Commerce Commission of an intention to abandon and which are located in any of Franklin, Marion,
or Winston Counties, Alabama or in Alcorn or Tishomingo Counties, Mississippi. Article II.
This compact shall become effective immediately as to the State...
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45-44-245
Section 45-44-245 Definitions; levy of tax; permit; fees. (a) When used in this section, the
following terms shall have the following meanings: (1) PERSON. Any individual, firm, partnership,
corporation, association, or combination who, for a fee, severs clay, sand, or gravel within
Macon County. (2) PRODUCER. Any person engaging in the business of severing clay, sand, or
gravel for a fee from the soil within Macon County. (3) SEVERING. Cutting, mining, stripping,
or otherwise taking or removing clay, sand, or gravel from the soil within Macon County for
a fee. (b) In Macon County, the Macon County Commission may levy an additional severance fee
of seven cents ($.07) per ton on gravel or nine cents ($.09) per cubic yard, or two cents
($.02) per ton on sand and clay or three cents ($.03) per cubic yard, whichever is applicable,
on the severance of clay, sand, or gravel. These fees are levied and collected based upon
tons or yards sold. Each producer shall collect the fee from the...
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11-14-23
Section 11-14-23 Acquisition of lands for drainage ditches, lime and stone quarries, etc. Counties
may acquire by purchase or by condemnation land necessary for drainage ditches and borrow
pits, lime and stone quarries, clay and clay pits, sand and sand pits, chert and chert pits,
gravel and gravel pits, together with any and all other materials of every character that
may be necessary or essential or desired in the construction and maintenance of highways and
bridges, and may tap and draw material from the same and acquire such road right-of-way as
may be necessary for ingress or egress to and from such material. The reasonable market value,
if any, of such land and material shall be paid for same. (Acts 1923, No. 516, p. 687; Code
1923, §6757; Code 1940, T. 12, §198.)...
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