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11-47-250
Section 11-47-250 Definitions. When used in this article, the following words and terms shall
have the following meanings: (1) BEACH. A sandy shoreline area abutting to the Gulf of Mexico,
characterized by low relief, generally of gentle slope, and some vegetation, extending into
the abutting waters to a distance 1,000 feet seaward of the mean high tide line. (2) BEACH
PROJECT. The placement and maintenance of sand and associated sand stabilization structures,
vegetation, vegetation irrigation systems, and access structures on a coastal beach for the
purposes of maintaining or restoring the beach and providing storm protection for upland properties.
(3) COASTAL BEACH. Any beach that is located wholly or partially within the corporate limits
of a coastal municipality and that abuts the waters of the Gulf of Mexico. (4) COASTAL MUNICIPALITY.
A municipal corporation whose corporate limits include or abut the waters of the Gulf of Mexico.
(5) GOVERNING BODY. The body in which the general...
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33-1-18
Section 33-1-18 Sales of submerged lands and made lands lying under or abutting tidal waters.
(a) The Director of the Alabama State Port Authority is vested with power and authority to
obtain and negotiate a sale of any submerged lands and made lands claimed or owned by the
state, which lands are under or were formerly under any of the tidal waters of the State of
Alabama, or which lands abut such tidal waters; provided, however, that if such lands abut
or adjoin in whole or in part any uplands then no such sale shall be made to any purchaser
other than the owner of such uplands, except a sale of so much of said land as may be used
and occupied by such purchaser without interfering with the riparian rights appurtenant to
such uplands, unless the owner of such uplands relinquishes such rights by appropriate instrument
made in connection with such sale; and except that such sales may be made to a public body
of the submerged or made land upon which docks or wharves have been constructed...
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9-15-55
Section 9-15-55 Retention by state of title to certain filled lands; rights of access. (a)
The state shall retain title to any lands of the state lying seaward of the mean high tide
line that are filled in the course of a beach project undertaken by a coastal municipality
pursuant to Article 11 of Chapter 47 of Title 11 with the permit of the Commissioner of the
Department of Conservation and Natural Resources as provided in Section 9-15-56. (b) The title
to additional filled lands shall be retained by the state to the extent that the proportions
of any state-owned lands filled in the course of a permitted beach project undertaken by a
coastal municipality are subsequently increased seaward by accretion or any other natural
or artificial fill process. (c) Notwithstanding any rule of decision or principle of common
law recognized prior to May 23, 2000, the retention of title by the state pursuant to this
section shall be recognized regardless of the participation, consent, or objection...
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9-10B-3
Section 9-10B-3 Definitions. For the purposes of this chapter, the following words and phrases,
unless a different meaning is plainly required by the context, shall have the following meanings:
(1) AREA OF THE STATE. Any municipality or county, including portions thereof, or other geographical
area of the state as may be designated by the commission pursuant to this chapter. (2) BENEFICIAL
USE. The diversion, withdrawal, or consumption of the waters of the state in such quantity
as is necessary for economic and efficient utilization consistent with the interests of this
state. (3) CAPACITY STRESS AREA. An area of the state designated by the commission pursuant
to this chapter where the commission determines that the use of the waters of the state, whether
ground water, surface water, or both, requires coordination, management, and regulation for
the protection of the interests and rights of the people of the state. (4) CERTIFICATE OF
USE. A certificate which shall be issued by the...
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9-15-56
Section 9-15-56 Application for beach project; issuance of permit. (a) Upon application by
a coastal municipality, the Commissioner of the Department of Conservation and Natural Resources,
acting through the Lands Division of the department, shall issue a permit for the construction
and maintenance of a beach project by the coastal municipality under the authority of Article
11 of Chapter 47 of Title 11, provided all of the requirements of this section shall have
been satisfied. (b) The application for a beach project shall contain, at a minimum, all of
the following: (1) A detailed description of the location, dimensions, and design features
of the proposed beach project. (2) A copy of the survey, map, metes and bounds description,
or plane coordinate references adopted by the governing body of the coastal municipality as
identifying the location of the mean high tide line and the locations of the limits of the
landward and seaward extensions of the proposed beach project relative to...
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9-15-54
Section 9-15-54 Release of sand for use in beach project. Notwithstanding any other provision
of this title, in the event a beach project to be undertaken by a coastal municipality as
permitted by the Commissioner of the Department of Conservation and Natural Resources pursuant
to Section 9-15-56 requires the use of sand from the public water bottoms of the State of
Alabama, spoil sand from state-owned spoil sites, or spoil sand otherwise owned by the state,
or any combination of the sands, the commissioner, acting through the Lands Division of the
department, shall release to the coastal municipality for use in the beach project without
fee, cost, or charge those quantities of sand from those specified public water bottoms of
the State of Alabama, of spoil sand from those specified state-owned spoil sites, and of spoil
sand otherwise owned by the state as are identified in the beach project permit of the commissioner
issued pursuant to Section 9-15-56. No such sand shall be released,...
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9-12-230
Section 9-12-230 Definitions. For purposes of this article, the words Alabama salt and brackish
waters means the waters of the Gulf of Mexico and any other salt and brackish bodies of water
under the jurisdiction of the State of Alabama, whether coastal, intercoastal, or inland,
and any part thereof. (Act 2008-467, p. 1022, ยง1.)...
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9-12-180
Section 9-12-180 Authorized; form. The Governor of this state is hereby authorized and directed
to execute a compact on behalf of the State of Alabama with any one or more of the states
of Florida, Mississippi, Louisiana and Texas, and with such other states as may enter into
the compact legally therein in the form substantially as follows: GULF STATES MARINE FISHERIES
COMPACT The contracting states solemnly agree: Article I Whereas the Gulf Coast States have
the proprietary interest in and jurisdiction over fisheries in the waters within their respective
boundaries, it is the purpose of this compact to promote the better utilization of the fisheries,
marine, shell and anadromous, of the seaboard of the Gulf of Mexico, by the development of
a joint program for the promotion and protection of such fisheries and the prevention of the
physical waste of the fisheries from any cause. Article II This compact shall become operative
immediately as to those states ratifying it whenever any two...
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18-1A-171
Section 18-1A-171 Reduction of compensation award because of incidental benefits from taking.
The amount of compensation to which the owners and other parties interested therein are entitled
must not be reduced or diminished because of any incidental benefits which may accrue to them
or to their remaining lands in consequence of the uses to which the lands to be taken or in
which the easement is to be acquired will be appropriated; provided, that in the condemnation
of lands for ways and rights-of-way for public highways, water or sewer lines, the commissioners
or jury may, in fixing the amount of compensation to be awarded the owner for lands taken
for this use, take into consideration the value of the enhancement to the remaining lands
of such owner that such highway, water or sewer lines may cause; and provided further, that
in proceedings instituted by water conservancy districts and water management districts, benefits
accruing to the landowner from an improvement may be...
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28-3A-17.1
Section 28-3A-17.1 Entertainment district designation in certain municipalities. (a)(1) Notwithstanding
any rule adopted by the board, the board may issue an entertainment district designation to
any retailer licensee that is licensed to sell alcoholic beverages for on-premises consumption
and to any manufacturer licensee that conducts tastings or samplings on the licensed premises,
provided the licensees are located in an entertainment district established pursuant to this
section. (2) A licensee who receives an entertainment district designation under this subsection
shall comply with all laws and rules governing its license type, except that the patrons,
guests, or members of that licensee may exit that licensed premises with open containers of
alcoholic beverages and consume alcoholic beverages anywhere within the confines of the entertainment
district, which shall be permitted, but may not enter another licensed premises with open
containers or closed containers of alcoholic...
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