Code of Alabama

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9-8-21
Section 9-8-21 Legislative findings; declaration of policy. (a) It is hereby declared as a
matter of legislative determination: (1) That the farm, forest and grazing lands of the State
of Alabama are among the basic assets of the state and that the preservation of these lands
is necessary to protect and promote the health, safety and general welfare of its people;
(2) That improper land-use practices have caused and have contributed to, and are now causing
and contributing to, a progressively more serious erosion of the farm, forest and grazing
lands of this state by wind and water; (3) That the consequences of such soil erosion are
the silting and sedimentation of stream channels, reservoirs, dams, ditches and harbors, the
loss of fertile soil material, the reduction in productivity or outright ruin of rich bottom
lands by overwash of poor subsoil material, sand and gravel and the deterioration of soil
and its fertility; and (4) That to conserve soil resources and control and prevent...
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9-10A-1
Section 9-10A-1 Legislative intent. Proper management of the watersheds of the state is necessary
to insure the health, safety and welfare of our citizens. Improper land use and water use
practices upon our watersheds have caused or contributed to and will continue to cause and
contribute to critical flooding, erosion and pollution problems. Proper management of watersheds
is necessary to provide an adequate supply of water for residential, agricultural and industrial
uses, flood prevention and control, soil erosion prevention and control, agricultural and
timber land protection, and wildlife habitat protection. The legislative intent of this chapter
is to provide for the establishment of watershed management authorities, and to authorize
said entities to protect and manage the watersheds of this state. (Acts 1991, No. 91-602,
p. 1119, ยง1.)...
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9-16-71
Section 9-16-71 Declaration of public policy and legislative intent; all land surface mined
under this article shall be reclaimed. (a) The objective of this article is to provide for
the safe, responsible and reasonable reclamation of lands upon which surface disturbances
will be created by surface mining and the surface effects of underground mining so as to protect
the taxable value of property and preserve natural resources within the state and protect
and promote the health and safety of the people of this state, consistent with the protection
of property and with maximum employment and the economic and industrial well-being of the
state. The Legislature finds and declares that the extraction of coal by surface mining provides
a major present and future source of energy and is an essential and necessary activity which
contributes to the economic and material well-being of the state. (b) The Legislature finds
that the unregulated or irresponsible surface mining of coal may cause...
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9-8-25
Section 9-8-25 Powers and duties of districts; performance of work on private lands; acquisition,
etc., of land by public bodies; exemption from taxation. (a) A soil and water conservation
district organized under this article shall constitute a governmental subdivision of this
state and a public body, corporate and politic, exercising public powers, and such district
and the supervisors thereof shall have the following powers, in addition to others granted
in other sections of this article: (1) To carry out preventive and control measures within
the district including, but not limited to, engineering operations, methods of cultivation,
the growing of vegetation, changes in use of land, and other erosion control measures on lands
owned or controlled by this state or any of its agencies with the consent and cooperation
of the agency administering and having jurisdiction thereof and on any other lands within
the district upon obtaining the consent of the owner of such lands or the...
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9-8-26
Section 9-8-26 Land-use regulations - Procedure for adoption; amendment, repeal, etc.; contents;
publication, etc. (a) The supervisors of any district shall have authority to formulate regulations
governing the use of lands within the district in the interest of conserving soil and soil
resources and preventing and controlling soil erosion. The supervisors may conduct such public
meetings and public hearings upon tentative regulations as may be necessary to assist them
in this work. The supervisors shall not have authority to enact such land-use regulations
into law until after they shall have caused due notice to be given of their intention to conduct
a referendum for submission of such regulations to the owners of lands lying within the boundaries
of the district for their indication of approval or disapproval of such proposed regulations
and until after the supervisors have considered the result of such referendum. The proposed
regulations shall be embodied in a proposed ordinance....
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9-8A-1
Section 9-8A-1 Definitions. The following words and phrases used in this chapter, and others
evidently intended as the equivalent thereof, shall, in the absence of clear implication herein
otherwise, have the following respective meanings: (1) ALLOCATED FUNDS. That portion of the
funds appropriated to the commission that are allocated by the commission to the soil and
water conservation district in each county of the state. (2) AUTHORIZED INVESTMENTS. Bonds
or other obligations of, or guaranteed by, the United States of America or the state, or interest
bearing bank and savings and loan association deposits or obligations, obligations of any
agency of the United States of America, any obligations in which a state chartered savings
and loan association may invest its funds, any agreement to repurchase any of the foregoing,
or any thereof. (3) COMMISSION. The Alabama Agricultural and Conservation Development Commission
organized pursuant to the provisions of the Constitution of Alabama...
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9-16-90
Section 9-16-90 Environmental protection performance standards. (a) Any permit issued pursuant
to this article to conduct surface mining operations shall require that such surface coal
mining operations will meet all applicable performance standards of this article, and such
other requirements as the regulatory authority shall promulgate. (b) General performance standards
shall be applicable to all surface coal mining and reclamation operations and shall require
the operation as a minimum to: (1) Conduct surface coal mining operations so as to maximize
the utilization and conservation of the solid fuel resource being recovered so that reaffecting
the land in the future through surface coal mining can be minimized; (2) Restore the land
affected to a condition capable of supporting the uses which it was capable of supporting
prior to any mining, or higher or better uses of which there is reasonable likelihood, so
long as such use or uses do not present any actual or probable hazard to...
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9-8-23
Section 9-8-23 Creation and incorporation of districts; increase or decrease in boundaries;
reorganization; change of name. (a) Any 25 owners of land lying within the limits of the territory
proposed to be organized into a district may file a petition with the State Soil and Water
Conservation Committee asking that a soil and water conservation district be organized to
function in the territory described in the petition. Such petition shall set forth: (1) The
proposed name of said district; (2) That there is need in the interest of the public health,
safety and welfare for a soil and water conservation district to function in the territory
described in the petition; (3) A description of the territory proposed to be organized as
a district, which description shall not be required to be given by metes and bounds or by
legal subdivisions but shall be deemed sufficient if generally accurate; and (4) A request
that the State Soil and Water Conservation Committee duly define the boundaries...
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9-8A-2
Section 9-8A-2 Legislative findings and declaration of purpose. It is hereby found and declared
to be the policy of the state to provide for the restoration and conservation of the soil
resources of this state, to provide for the improvement of water used in agriculture, and
for the control and prevention of soil erosion and for the prevention of floodwater and sediment
damages, and for the establishment or improvement of stands of forest trees, all of which
will preserve natural resources, control floods, prevent impairment of dams and reservoirs,
preserve wildlife, protect the tax base, protect public lands and promote the health, safety
and public welfare of the citizens of the state. It is further declared that at the present
time, due to cutbacks in federal soil conservation and reforestation programs there exists
an inadequate supply of funds in the state to enable the financing of much needed soil conservation,
agricultural water quality and forestry improvement programs; that...
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9-8A-6
Section 9-8A-6 Application for cost-share grant. In order to qualify for a cost-share grant,
an eligible person shall file, accompanied by the applications specified in this section,
a conservation plan approved by the soil and water conservation district in which the eligible
person's eligible land is located. Cost-share grants shall be available only with respect
to those soil and water conservation practices determined to be needed by the soil conservation
district to reduce erosion, improve agricultural water quality and improve forest resources
in the district. Such determination of need shall be made by a qualified soil and water conservation
or forestry technician. All application forms and agreements for allocated funds shall be
available from and completed forms shall be submitted to the local soil and water conservation
district office located in the county where such practices are proposed to be implemented.
If an applicant's land is in more than one soil and water...
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