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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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11-47-252
Section 11-47-252 Requirements for construction of beach project. A coastal municipality may
not begin construction of a beach project until each of the following requirements have been
satisfied: (1) The governing body of the coastal municipality, after a public hearing held
on not less than 30 days' public notice, has identified the following by adoption of a survey,
map, metes and bounds description, or plane coordinate references. a. The location of the
mean high tide line for the area in which the beach project is proposed to be located. b.
The location of the limits of the landward and seaward extensions of the proposed beach project
relative to both the mean high tide line and the construction control line, if any, then established
under the regulations of the Alabama Department of Environmental Management, the ordinances
of the coastal municipality, or both. (2) The Commissioner of the Department of Conservation
and Natural Resources, acting through the Lands Division of the...
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9-11-53.1
Section 9-11-53.1 Resident license - Saltwater fishing. (a)(1) Any person who has been a bona
fide resident of this state for a period of not less than 90 days next preceding and who is
age 16 or older, but has not yet reached the age of 65, shall not take, catch, kill, possess,
or attempt to take, catch, kill, or possess, any fish in any of the waters of this state,
except those waters for which a license is required by Section 9-11-53, below that line defined
in Rule 220-2-.42(1) of the Department of Conservation and Natural Resources as published
in the Alabama Administrative Code, by angling with rod and reel or by use of any artificial
bait, fly, lure, gig, cast net, bow, crab traps that are not required to be licensed by Section
9-12-124, or by spear fishing, as defined by Section 9-11-170, without first procuring an
annual resident saltwater fishing license for twenty dollars ($20), plus a one dollar ($1)
issuance fee, which fees shall be subject to adjustment as provided for in...
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9-11-55.2
Section 9-11-55.2 Nonresident saltwater fishing license; cost; disposition of fees; penalty
for violation. (a) A nonresident of this state who is age 16 or older, shall not take, catch,
kill, possess, or attempt to take, catch, kill, or possess any fish in any of the waters of
this state except those waters for which a license is required by Section 9-11-53, below that
line defined in Rule 220-2-.42(1) of the Department of Conservation and Natural Resources
as published in the Alabama Administrative Code, by angling with rod and reel or by use of
any artificial bait, fly, lure, gig, cast net, bow, crab traps that are not required to be
licensed by Section 9-12-124, or by spear fishing, as defined by Section 9-11-170, without
first procuring a nonresident saltwater fishing license. The cost of nonresident saltwater
fishing licenses shall be as follows: (1) A nonresident annual saltwater fishing license shall
cost forty-four dollars ($44), plus a one dollar ($1) issuance fee, which fees...
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9-12-126
Section 9-12-126 Inspection of oyster beds; closure order; relay of oysters from closed areas;
promulgation of rules; penalty; enforcement. (a) The State Board of Health is authorized to
inspect the waters of the state where oysters are grown and harvested. When the State Health
Officer shall determine that the waters surrounding the oyster beds are unsafe for the harvesting
of said oysters, the State Health Officer shall issue an order to close the waters around
said bed, which order shall be specific as to location of the area to be closed. Orders issued
pursuant to this section shall not be considered rules under the Alabama Administrative Procedure
Act (Section 41-22-1 et seq.). After the issuance of such a closure order, no person shall
harvest oysters in the said waters during the closure period. The State Health Officer is
authorized to permit the Department of Conservation and Natural Resources to relay oysters
from closed areas. (b) The State Board of Health is authorized to...
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9-2-87
Section 9-2-87 Seafoods Fund - Created; composition. There is hereby created and there shall
be a fund which shall be known as the "Seafoods Fund." This fund shall consist of:
(1) All moneys received from all occupational and privilege licenses or taxes imposed by the
state on any person, firm or corporation for engaging in any business or activity relating
to the taking, catching, processing or handling seafoods as defined in Section 9-2-80; (2)
All revenue derived from oyster bottom leases; (3) All moneys paid, derived or received arising
from fines, penalties or forfeitures of the seafood laws of this state or the rules and regulations
based thereon; (4) All moneys derived from the sale, leasing, dredging, excavation or removal
of oyster shells from the bottoms of any bay, lagoon, estuary, bayou or saltwater area within
the jurisdiction of the State of Alabama; and (5) All moneys accruing to the Marine Resources
Division of the Department of Conservation and Natural Resources from...
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23-1-352
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 otherwise
specifically defined, or unless another intention clearly appears or the context requires
otherwise: (1) AERONAUTICS or AERONAUTICAL ACTIVITIES. The science and art of flight including,
but not limited to, transportation by aircraft; the operation, construction, repair, or maintenance
of aircraft, aircraft power plants and accessories, including the use, repair, packing, and
maintenance of parachutes; the design, establishment, construction, expansion, operation,
improvement, repair, or maintenance of airports, restricted landing areas, or other air navigation
facilities including the aerial and ground approaches thereto; and instruction in flying or
ground subjects pertaining thereto. (2) AERONAUTICAL INSTRUCTION. The imparting of aeronautical
knowledge or information by any aeronautics...
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40-17-359
Section 40-17-359 Distribution and use of proceeds. (a) For the purpose of this section, the
following terms shall have the meanings ascribed below: (1) BASE ANNUAL COUNTY DISTRIBUTION.
Five hundred fifty thousand dollars ($550,000). (2) COST OF COLLECTION. The amounts from the
proceeds of the highway gasoline tax that may be appropriated by the Legislature to the department
for its operating expenses. (3) COUNTY. Each county in the state. (4) FISCAL YEAR. The fiscal
year of the state. (5) DEPARTMENT OF TRANSPORTATION. The Department of Transportation of the
state. (6) HIGHWAY GASOLINE TAX. Both of the following: a. The excise tax levied under subdivision
(1) of subsection (a) of Section 40-17-325, with the exception of those portions of the tax
levied on aviation fuel and marine gasoline. b. The excise tax levied by Sections 40-17-140
to 40-17-155, inclusive, except that portion of the tax imposed on diesel fuel. (7) LOCAL
SUBDIVISIONS' SHARES OF THE NET TAX PROCEEDS. The 55 percent...
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45-40-250
Section 45-40-250 Transfer of water from Tennessee River Basin. (a) This section shall apply
only in Lawrence County. (b) The Legislature of the State of Alabama finds the following:
(1) It is in the best interest of the State of Alabama and the people of Lawrence County to
protect the Tennessee River and its watershed to promote the beneficial purposes of maintaining
a clean drinking water supply, hydroelectric power generation, navigation, industry, agriculture,
environmental quality, and recreation. (2) The Tennessee River has been identified by the
people of Alabama and the nation as a unique resource lying in seven states and by Congress
through the establishment of a special authority known as the Tennessee Valley Authority (TVA)
for the promotion of the best interests of the Tennessee Valley. (3) That it is in the best
interest of the people of the State of Alabama and Lawrence County to protect and preserve
the Tennessee River as set forth in this section in the absence of...
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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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