Datasets:

Search is not available for this dataset
url
stringlengths
42
388
state
stringclasses
51 values
path
stringlengths
83
10.4k
title
stringlengths
34
2.24k
content
stringlengths
0
2.39M
https://law.justia.com/codes/alabama/title-9/chapter-6/section-9-6-10/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 6 - Environmental Improvement Authorities.›Section 9-6-10 - Bonds - Contracts to Secure Payment.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6 - Environmental Improvement Authorities. › Section 9-6-10 - Bonds - Contracts to Secure Payment.
Section 9-6-10 Bonds - Contracts to secure payment. As security for payment of the principal and interest on bonds issued or obligations assumed by it, the authority may enter into a contract or contracts binding itself for the proper application of the proceeds of bonds and other funds, for the continued operation and maintenance of any equipment, facilities, apparatus or systems owned or controlled and operated by it or under its authority or any part or parts thereof, for the imposition and collection of reasonable rates and rentals for and the promulgation of reasonable regulations respecting the use of equipment, facilities, apparatus and systems of the authority and any service furnished therefrom, for the disposition and application of its gross revenues or any part thereof and for any other act or series of acts not inconsistent with the provisions of this chapter for the protection of the bonds and other obligations being secured and the assurance that revenues from such equipment, facilities, apparatus and systems will be sufficient to cover the cost of all direct operation of such equipment, facilities, apparatus and systems by the authority and the maintenance in good repair and good operating condition of such equipment, facilities, apparatus and systems owned and controlled by the authority, the payment of the principal of and interest on any bonds payable from such revenues and the maintenance of such reserves as may be deemed appropriate for the protection of the bonds, the efficient operation of such equipment, facilities, apparatus and systems and the making of replacements thereof and capital improvements thereto. Any contract pursuant to the provisions of this section may be set forth in any resolution of the board authorizing the issuance of bonds or the assumption of obligations or in any mortgage and deed of trust and trust indenture made by the authority under this chapter. (Acts 1969, No. 1117, p. 2060, §10.)
https://law.justia.com/codes/alabama/title-9/chapter-6/section-9-6-9/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 6 - Environmental Improvement Authorities.›Section 9-6-9 - Bonds - Issuance; Form, Terms, Denominations, etc.; Sale; Security for Payment Gener...
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6 - Environmental Improvement Authorities. › Section 9-6-9 - Bonds - Issuance; Form, Terms, Denominations, etc.; Sale; Security for Payment Generally.
Section 9-6-9 Bonds - Issuance; form, terms, denominations, etc.; sale; security for payment generally. All bonds issued by the authority shall be signed by the chairman of its board or other chief executive officer and attested by its secretary, and the seal of the authority shall be affixed thereto and any interest coupons applicable to the bonds of the authority shall be signed by the chairman of its board or other chief executive officer; provided, that a facsimile signature of one, but not both, of said officers may be printed or otherwise reproduced on any such bonds in lieu of his manually signing the same, and a facsimile of the signature of the chairman of the board or other chief executive officer may be printed or otherwise reproduced on any such interest coupons in lieu of his manually signing the same. Any such bonds may be executed and delivered by the authority at any time and from time to time, shall be in such form and denominations and of such tenor and maturities, shall contain such provisions not inconsistent with the provisions of this chapter and shall bear such rate or rates of interest, payable and evidenced in such manner as may be provided by resolution of its board. Bonds of the authority may be sold at either public or private sale in such manner and at such price or prices and at such time or times as may be determined by the board to be most advantageous. The principal of or interest on any bonds issued or obligations assumed by the authority may thereafter at any time (whether before, at or after maturity of any such principal and whether at, after or not exceeding six months prior to the maturity of any such interest) and from time to time be refunded by the issuance of refunding bonds of the authority, which may be sold by the authority at public or private sale at such price or prices as may be determined by its board to be most advantageous or which may be exchanged from the bonds or other obligations to be refunded. The authority may pay all expenses, premiums and commissions which its board may deem necessary and advantageous in connection with any financing done by it. All bonds issued by the authority shall be construed to be negotiable instruments though payable from a specified source. All obligations created or assumed by the authority shall be solely and exclusively an obligation of the authority and shall not create an obligation or debt of any county or municipality or of the state; provided, that the provisions of this sentence shall not be construed to release the original obligor from liability on any bond or other obligation assumed by the authority. Any bonds issued by the authority shall be limited or special obligations of the authority payable solely out of the revenues of the authority specified in the proceedings authorizing those bonds. Any such proceedings may provide that the bonds therein authorized shall be payable solely out of the revenues derived from the operation of all equipment, facilities, apparatus and systems owned or operated by the authority or solely out of the revenues from the operation of any one or more of such equipment, facilities, apparatus and systems or parts thereof, regardless of the fact that those bonds may have been issued with respect to or for the benefit of only certain particular equipment, facilities, apparatus and systems of the authority. The authority may pledge for the payment of any of its bonds issued or obligations assumed the revenues from which such bonds or obligations are payable and may execute and deliver a trust indenture evidencing any such pledge or a mortgage and deed of trust conveying as security for such bonds or obligations the equipment, facilities, apparatus and systems or any part of any thereof, the revenues or any part of the revenues from which are so pledged. Any mortgage and deed of trust or trust indenture made by the authority may contain such agreements as the board may deem advisable respecting the operation and maintenance of the property and the use of the revenues subject to such mortgage and deed of trust or affected by such trust indenture and respecting the rights, duties and remedies of the parties to any such instrument and the parties for the benefit of whom such instrument is made; provided, that no such instrument shall be subject to foreclosure. (Acts 1969, No. 1117, p. 2060, §9.)
https://law.justia.com/codes/alabama/title-9/chapter-6/section-9-6-11/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 6 - Environmental Improvement Authorities.›Section 9-6-11 - Bonds - Creation of Statutory Mortgage Lien.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6 - Environmental Improvement Authorities. › Section 9-6-11 - Bonds - Creation of Statutory Mortgage Lien.
Section 9-6-11 Bonds - Creation of statutory mortgage lien. Any resolution of the board or trust indenture under which bonds may be issued pursuant to the provisions of this chapter may contain provisions creating a statutory mortgage lien in favor of the holders of such bonds and of the interest coupons applicable thereto on the equipment, facilities, apparatus and systems or any part thereof (including any after-acquired property) out of the revenues from which such bonds are made payable. The said resolution of the board or the said trust indenture may provide for the filing of record in the office of the judge of probate of each county in which any part of such equipment, facilities, apparatus and systems or any part thereof may be located of a notice containing a brief description of such bonds and a declaration that said statutory mortgage lien has been created for the benefit of the holders of such bonds and the interest coupons applicable thereto upon such equipment, facilities, apparatus and systems or any thereof, including additions thereto and extensions thereof. Each judge of probate shall receive and record and index any such notice filed for record in his office. The recording of such notice, as provided in this section, shall operate as constructive notice of the contents thereof. (Acts 1969, No. 1117, p. 2060, §11.)
https://law.justia.com/codes/alabama/title-9/chapter-6/section-9-6-12/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 6 - Environmental Improvement Authorities.›Section 9-6-12 - Bonds - Use of Proceeds From Sale.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6 - Environmental Improvement Authorities. › Section 9-6-12 - Bonds - Use of Proceeds From Sale.
Section 9-6-12 Bonds - Use of proceeds from sale. All moneys derived from the sale of any bonds issued by the authority shall be used solely for the purpose or purposes for which the same are authorized and any costs and expenses incidental thereto. Such costs and expenses may include, but shall not be limited to: (1) The fiscal, engineering, legal and other expenses incurred in connection with the issuance and sale of the bonds; (2) In the case of bonds issued to pay costs of construction, interest on such bonds (or, if a part only of bonds of any series is issued for construction purposes, interest on that portion of the bonds of that series that is issued to pay construction costs) prior to and during such construction; and (3) In the case of bonds issued for the purpose of refunding principal and interest or either with respect to bonds issued or obligations assumed by the authority, any premium that it may be necessary to pay in order to redeem or retire the bonds or other obligations to be refunded. (Acts 1969, No. 1117, p. 2060, §12.)
https://law.justia.com/codes/alabama/title-9/chapter-6/section-9-6-13/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 6 - Environmental Improvement Authorities.›Section 9-6-13 - Aid and Cooperation of Political Subdivisions, Agencies or Other Instrumentalities...
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6 - Environmental Improvement Authorities. › Section 9-6-13 - Aid and Cooperation of Political Subdivisions, Agencies or Other Instrumentalities of State.
Section 9-6-13 Aid and cooperation of political subdivisions, agencies or other instrumentalities of state. For the purpose of effecting the control, abatement or prevention of water, air or general environmental pollution or of aiding or cooperating with the authority in the planning, development, undertaking, construction, extension, improvement, operation or protection of equipment, facilities, apparatus and systems, the purpose of which is to control, abate or prevent any such pollution, any county, municipality or other political subdivision, public corporation, agency or instrumentality of this state may, upon such terms and with or without consideration, as it may determine: (1) Lend or donate money to or perform services for the benefit of the authority; (2) Donate, sell, convey, transfer, lease or grant to the authority, without the necessity of authorization at any election of qualified voters, any property of any kind, any interest therein and any franchise; and (3) Do any and all things, whether or not specifically authorized in this section and not otherwise prohibited by law, that are necessary or convenient in connection with aiding and cooperating with the authority in its efforts to control, abate or prevent water, air or general environmental pollution. (Acts 1969, No. 1117, p. 2060, §13.)
https://law.justia.com/codes/alabama/title-9/chapter-6/section-9-6-14/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 6 - Environmental Improvement Authorities.›Section 9-6-14 - Immunity From Tort Liability.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6 - Environmental Improvement Authorities. › Section 9-6-14 - Immunity From Tort Liability.
Section 9-6-14 Immunity from tort liability. The engaging in and aiding, assisting and promoting the control, abatement and prevention of water, air and general environmental pollution by an authority is hereby declared to be a governmental function. The authority shall not be liable for any tort, whether negligent or willful, committed by any director, agent, servant or employee of the authority in the construction, maintenance or operation of any equipment, facilities, apparatus or systems in connection with activities in engaging in or aiding, assisting and promoting such pollution control, abatement or prevention. (Acts 1969, No. 1117, p. 2060, §14.)
https://law.justia.com/codes/alabama/title-9/chapter-6/section-9-6-15/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 6 - Environmental Improvement Authorities.›Section 9-6-15 - Exemptions From Taxation; Payment of Fees, Costs, Etc.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6 - Environmental Improvement Authorities. › Section 9-6-15 - Exemptions From Taxation; Payment of Fees, Costs, Etc.
Section 9-6-15 Exemptions from taxation; payment of fees, costs, etc. Each authority formed under this chapter, the property and income of the authority, all bonds issued by the authority, the income from such bonds or from any other sources, the interest and other profits from such bonds enuring to and received by the holders thereof, conveyances by and to the authority and leases, mortgages and deeds of trust by and to the authority shall be exempt from all taxation in the State of Alabama. The authority shall not be obligated to pay or allow the payment of any fees, taxes or costs to the Secretary of State in connection with its incorporation or with any amendment to its certificate of incorporation or otherwise or to any judge of probate of any county in connection with the recording by it of any document or otherwise, the authority being hereby exempted from the payment of any such fees, taxes and costs. No license or excise tax may be imposed by any authority with respect to the privilege of engaging in any of the activities authorized by this chapter. (Acts 1969, No. 1117, p. 2060, §16.)
https://law.justia.com/codes/alabama/title-9/chapter-6/section-9-6-16/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 6 - Environmental Improvement Authorities.›Section 9-6-16 - Reports to Governor.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6 - Environmental Improvement Authorities. › Section 9-6-16 - Reports to Governor.
Section 9-6-16 Reports to Governor. The authority shall submit to the Governor a detailed report of its activities during the previous year and of its financial condition. Such annual report shall be submitted as of October 1 of each year, excluding the year 1969. The governor may also require special interim reports by the authority of its activities and its financial condition; provided, that such interim reports may not be required more often than once each calendar quarter year. (Acts 1969, No. 1117, p. 2060, §17.)
https://law.justia.com/codes/alabama/title-9/chapter-6/section-9-6-17/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 6 - Environmental Improvement Authorities.›Section 9-6-17 - Provisions of Chapter Cumulative; Provisions of Chapter Exclusive as to Incorporati...
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6 - Environmental Improvement Authorities. › Section 9-6-17 - Provisions of Chapter Cumulative; Provisions of Chapter Exclusive as to Incorporation, Issuance of Bonds, Etc.
Section 9-6-17 Provisions of chapter cumulative; provisions of chapter exclusive as to incorporation, issuance of bonds, etc. This chapter is intended to aid the state in the execution of its duties by providing appropriate and independent instrumentalities of the state with full and adequate powers to fulfill their functions. The foregoing sections of this chapter shall be deemed to provide additional and alternative methods for the doing of the things authorized thereby and shall be regarded as supplemental and additional to and not in derogation of any powers conferred upon boards of water and sewer commissioners created by municipalities within this state or upon any other agencies of the state or the municipalities thereof which are concerned with the control, abatement or prevention of water, air or general environmental pollution. Neither this chapter nor any provision contained in this chapter shall be construed as a restriction or limitation upon any power, right or remedy which any corporation organized under this chapter may have in the absence thereof, but shall be construed as cumulative and independent of any such power, right or remedy. No proceedings, notice or approval shall be required for the incorporation of such corporation or the amendment of its certificate of incorporation, the acquisition of any property, facilities or systems, the making of any loans or the borrowing of money or assumption of obligations or the issuance of bonds or other instruments in evidence thereof or as security therefor except as prescribed in this chapter, any other law to the contrary notwithstanding; provided, however, that nothing in this chapter shall be construed to suspend the jurisdiction of the State Board of Health as may be otherwise provided by law. (Acts 1969, No. 1117, p. 2060, §15.)
https://law.justia.com/codes/alabama/title-9/chapter-6a/section-9-6a-1/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 6A - Synfuels Development Authority.›Section 9-6A-1 - Definitions.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6A - Synfuels Development Authority. › Section 9-6A-1 - Definitions.
Section 9-6A-1 Definitions. REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (Acts 1981, No. 81-721, p. 1227, §1.)
https://law.justia.com/codes/alabama/title-9/chapter-6a/section-9-6a-2/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 6A - Synfuels Development Authority.›Section 9-6A-2 - Purposes of Authority.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6A - Synfuels Development Authority. › Section 9-6A-2 - Purposes of Authority.
Section 9-6A-2 Purposes of authority. REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (Acts 1981, No. 81-721, p. 1227, §2.)
https://law.justia.com/codes/alabama/title-9/chapter-6a/section-9-6a-3/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 6A - Synfuels Development Authority.›Section 9-6A-3 - Individuals Who May Become Public Corporation.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6A - Synfuels Development Authority. › Section 9-6A-3 - Individuals Who May Become Public Corporation.
Section 9-6A-3 Individuals who may become public corporation. REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (Acts 1981, No. 81-721, p. 1227, §3.)
https://law.justia.com/codes/alabama/title-9/chapter-6a/section-9-6a-4/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 6A - Synfuels Development Authority.›Section 9-6A-4 - Application for Authority to Incorporate; Review and Recordation by Secretary of St...
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6A - Synfuels Development Authority. › Section 9-6A-4 - Application for Authority to Incorporate; Review and Recordation by Secretary of State.
Section 9-6A-4 Application for authority to incorporate; review and recordation by Secretary of State. REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (Acts 1981, No. 81-721, p. 1227, §4.)
https://law.justia.com/codes/alabama/title-9/chapter-6a/section-9-6a-5/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 6A - Synfuels Development Authority.›Section 9-6A-5 - Certificate of Incorporation.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6A - Synfuels Development Authority. › Section 9-6A-5 - Certificate of Incorporation.
Section 9-6A-5 Certificate of incorporation. REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (Acts 1981, No. 81-721, p. 1227, §5.)
https://law.justia.com/codes/alabama/title-9/chapter-6a/section-9-6a-6/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 6A - Synfuels Development Authority.›Section 9-6A-6 - Board of Directors; Compensation; Proceedings to Be Reduced to Writing and Recorded...
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6A - Synfuels Development Authority. › Section 9-6A-6 - Board of Directors; Compensation; Proceedings to Be Reduced to Writing and Recorded.
Section 9-6A-6 Board of directors; compensation; proceedings to be reduced to writing and recorded. REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (Acts 1981, No. 81-721, p. 1227, §6.)
https://law.justia.com/codes/alabama/title-9/chapter-6a/section-9-6a-7/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 6A - Synfuels Development Authority.›Section 9-6A-7 - Powers of Authority.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6A - Synfuels Development Authority. › Section 9-6A-7 - Powers of Authority.
Section 9-6A-7 Powers of authority. REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (Acts 1981, No. 81-721, p. 1227, §7.)
https://law.justia.com/codes/alabama/title-9/chapter-6a/section-9-6a-8/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 6A - Synfuels Development Authority.›Section 9-6A-8 - Contracts; Aggregate Monetary Obligation; Supervision or Performance by State Depar...
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6A - Synfuels Development Authority. › Section 9-6A-8 - Contracts; Aggregate Monetary Obligation; Supervision or Performance by State Department of Transportation; Competitive Bidding.
Section 9-6A-8 Contracts; aggregate monetary obligation; supervision or performance by State Department of Transportation; competitive bidding. REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (Acts 1981, No. 81-721, p. 1227, §8.)
https://law.justia.com/codes/alabama/title-9/chapter-6a/section-9-6a-9/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 6A - Synfuels Development Authority.›Section 9-6A-9 - Delegation of Duties and Obligations of Authority.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6A - Synfuels Development Authority. › Section 9-6A-9 - Delegation of Duties and Obligations of Authority.
Section 9-6A-9 Delegation of duties and obligations of authority. REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (Acts 1981, No. 81-721, p. 1227, §9.)
https://law.justia.com/codes/alabama/title-9/chapter-6a/section-9-6a-10/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 6A - Synfuels Development Authority.›Section 9-6A-10 - Dissolution of Authority; Application; Recordation of Application by Secretary of...
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6A - Synfuels Development Authority. › Section 9-6A-10 - Dissolution of Authority; Application; Recordation of Application by Secretary of State.
Section 9-6A-10 Dissolution of authority; application; recordation of application by Secretary of State. REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (Acts 1981, No. 81-721, p. 1227, §10.)
https://law.justia.com/codes/alabama/title-9/chapter-7/section-9-7-10/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 7 - Preservation, Development, etc., of Coastal Areas.›Section 9-7-10 - Definitions.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7 - Preservation, Development, etc., of Coastal Areas. › Section 9-7-10 - Definitions.
Section 9-7-10 Definitions. The following terms, whenever used in this chapter shall have the following respective meanings unless the context clearly indicates otherwise: (1) COASTAL AREA. The coastal waters, including the lands therein and thereunder, and the adjacent shorelands, including the waters therein and thereunder, strongly influenced by each and in proximity to the shorelines of Alabama and including transitional and intertidal areas, salt marshes, wetlands, and beaches. The area extends seaward to the outer limit of the United States territorial sea and extends inland from the shorelines only to the extent necessary to control shorelands, the uses of which have a direct and significant impact on the coastal waters. (2) COASTAL WATERS. Those waters, adjacent to the shoreline, which contain a measurable quantity or percentage of sea water, including but not limited to, sounds, bays, lagoons, bayous, ponds and estuaries. (3) ESTUARY. That part of a river or stream or other body of water having unimpaired connection with the open sea, where the sea water is measurably diluted with fresh water derived from land drainage. (4) ESTUARINE SANCTUARY. A research area which may include any part or all of an estuary, adjoining transitional areas and adjacent uplands, constituting to the extent feasible a natural unit, set aside to provide scientists and students the opportunity to examine over a period of time the ecological relationships within the area. (5) MANAGEMENT PROGRAM. Such term includes, but is not limited to, a comprehensive statement in words, maps, illustrations or other media of communication, prepared and adopted by the state in accordance with the provisions of this chapter, setting forth objectives, policies and standards to guide public and private users of lands and waters in the coastal area. (6) WATER USE. Activities which are conducted in or on the water, but such term does not mean or include the establishment of any water quality standard or criteria or the regulation of the discharge or runoff of water pollutants except the standards, criteria or regulations which are incorporated in any program as required by the provisions of this chapter. (7) BOARD. The Office of State Planning and Federal Programs established pursuant to Sections 41-9-205 through 41-9-214. (8) DEPARTMENT. The Alabama Department of Environmental Management. (9) PERSON. Any and all persons, natural or artificial, including, but not limited to, any individual, partnership, association, society, joint stock company, firm, company, corporation, institution, trust, estate, other legal entity or business organization or any state or local governmental entity and any successor of the foregoing. (Acts 1976, No. 534, p. 686, §3; Acts 1982, No. 82-612, p. 1111, §11.)
https://law.justia.com/codes/alabama/title-9/chapter-7/section-9-7-11/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 7 - Preservation, Development, etc., of Coastal Areas.›Section 9-7-11 - Purpose of Chapter; Legislative Findings.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7 - Preservation, Development, etc., of Coastal Areas. › Section 9-7-11 - Purpose of Chapter; Legislative Findings.
Section 9-7-11 Purpose of chapter; legislative findings. The purpose of this chapter is to promote, improve and safeguard the lands and waters located in the coastal areas of this state through a comprehensive and cooperative program designed to preserve, enhance and develop such valuable resources for the present and future well-being and general welfare of the citizens of this state. In promulgating such a program, the Legislature of Alabama recognizes and declares that: (1) The coastal area is rich in a variety of natural, commercial, recreational, industrial and aesthetic resources of immediate and potential value to the present and future well-being of the state; (2) There are increasing and competing demands upon the lands and waters of the coastal area occasioned by population growth and economic development, including requirements for industry, commerce, residential development, recreation, extraction of mineral resources and fossil fuels, transportation and navigation, waste disposal and harvesting of fish, shellfish and other living marine resources; (3) The coastal area and the fish, shellfish, other living marine resources and wildlife therein are ecologically fragile and consequently vulnerable to destruction by man's alterations; (4) Important ecological, cultural, historic and aesthetic values to the coastal area are essential to the well-being of all citizens; (5) Special natural and scenic characteristics may be damaged by ill-planned development; (6) There is a state interest in the effective administration, beneficial use, protection and development of the coastal area; (7) In light of competing demands and the urgent need to balance development for the preservation of the natural systems in the coastal area, the key to more effective protection and use of land and water resources of the coastal area is to encourage the state to exercise its authority for improved and better methods of utilizing the lands and waters in the coastal area by developing, in cooperation with counties and municipalities and other vitally affected interests, land and water use programs for the coastal area, including unified policies, criteria, standards, methods and processes for dealing with land and water use. (Acts 1976, No. 534, p. 686, §1.)
https://law.justia.com/codes/alabama/title-9/chapter-7/section-9-7-12/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 7 - Preservation, Development, etc., of Coastal Areas.›Section 9-7-12 - Declaration of State Policy.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7 - Preservation, Development, etc., of Coastal Areas. › Section 9-7-12 - Declaration of State Policy.
Section 9-7-12 Declaration of state policy. The Legislature finds and declares that it is state policy: (1) To preserve, protect, develop and, where possible, to restore or enhance the resources of the state's coastal area for this and succeeding generations; (2) To encourage and assist counties and municipalities, wherever applicable, to exercise effectively their responsibilities in the coastal area through the development and implementation of administration programs to achieve wise use of the land and water resources of the coastal area, giving full consideration to needs for economic development as well as to ecological, cultural, historic and aesthetic values; (3) To assure that in development of the state's coastal area adequate consideration is given to such uses of the coastal area as the establishment of harbor facilities for the receiving of oil, gas and other commodities from ships and tankers, pipelines from such ports and utility plant sites, utility generation, transmission, distribution and transportation facilities; (4) To urge that all state agencies engaged in programs affecting the coastal area cooperate and participate with local governments and regional agencies in effectuating the purposes of this chapter; and (5) To encourage the participation of the public, of federal, state and local governments and of regional agencies in the development of coastal area management programs. With respect to implementation of such management programs, it is the state policy to encourage cooperation among the various state and regional agencies, including establishment of interstate and regional agreements, cooperative procedures and joint action, particularly regarding environmental problems. (Acts 1976, No. 534, p. 686, §2.)
https://law.justia.com/codes/alabama/title-9/chapter-7/section-9-7-13/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 7 - Preservation, Development, etc., of Coastal Areas.›Section 9-7-13 - Activities Deemed Permissible Uses Within Coastal Area; Determination of Additional...
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7 - Preservation, Development, etc., of Coastal Areas. › Section 9-7-13 - Activities Deemed Permissible Uses Within Coastal Area; Determination of Additional Permissible Uses.
Section 9-7-13 Activities deemed permissible uses within coastal area; determination of additional permissible uses. (a) The Legislature of Alabama finds that the following activities shall constitute permissible uses within the coastal area: (1) The accomplishment of emergency decrees of any duly appointed health officer of a county or municipality or of the state acting to protect the public health and safety; (2) The conservation, repletion and research activities of the Marine Environmental Sciences Consortium, the Marine Resources Division of the Department of Conservation and Natural Resources and the Mississippi-Alabama Sea Grant Consortium; (3) The exercise of riparian rights by the owner of the riparian rights; provided, that the construction and maintenance of piers, boathouses and similar structures shall be on pilings that permit a reasonably unobstructed ebb and flow of the tide; (4) The normal maintenance and repair of bulkheads, piers, roads and highways existing on the date of final approval of the rules and regulations pursuant to this chapter; (5) The use of any structure on land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling; (6) Normal maintenance and repair activities of railroads and of utilities or other persons engaged in transportation or in telephone communication service or in the distribution or transmission of gas, electricity or water or the collection of sewage, including inspecting, maintaining, repairing or renewing on private or public rights-of-way any sewers, mains, conduits, pipes, cables, utility tunnels, power lines, towers, poles, tracks, bridges, trestles and drainage facilities or the like or making service connections thereto or inspecting, maintaining, repairing or renewing any substation, pumping or lifting facility; (7) Activities of any mosquito control commission which is a political subdivision or agency of the State of Alabama; (8) The use of any land for the purpose of planting, growing or harvesting plants, crops, trees or other agricultural or forestry products, including normal private road construction, raising livestock or poultry or for other agricultural purposes; and (9) Completion of any development, not otherwise in violation of law, for which a valid building or zoning permit was issued prior to final approval of the rules and regulations pursuant to this chapter and which development was initiated prior to such approval. (b) Upon recommendation from the board, the department shall determine, by rule and regulation, from time to time, additional permissible uses within the coastal area. (Acts 1976, No. 534, p. 686, §4; Acts 1982, No. 82-612, p. 1111, §11.)
https://law.justia.com/codes/alabama/title-9/chapter-7/section-9-7-14/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 7 - Preservation, Development, etc., of Coastal Areas.›Section 9-7-14 - Coastal Area Board - Created; Composition; Qualifications, Appointment, Term of Off...
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7 - Preservation, Development, etc., of Coastal Areas. › Section 9-7-14 - Coastal Area Board - Created; Composition; Qualifications, Appointment, Term of Office and Compensation of Members; Officers; Meetings; Seal; Powers and Duties Generally; Executive Director and Employees; Technical Assistance to Board; Acceptance, Use and Disposition of Funds, Facilities, Etc.
Section 9-7-14 Coastal Area Board - Created; composition; qualifications, appointment, term of office and compensation of members; officers; meetings; seal; powers and duties generally; executive director and employees; technical assistance to board; acceptance, use and disposition of funds, facilities, etc. (a) through (g) Repealed by Acts 1982, No. 82-612, p. 1111, §14(b), effective October 1, 1982. (h) The board shall have authority to solicit, accept and expend funds from the state, the United States and from any other source, to carry out provisions, purposes and policies of this chapter. (i) The board shall coordinate activities and plans of all existing interests, other state governments, local governments, regional planning agencies, interstate compacts and commissions and federal agencies which have programs relevant to the coastal area. (j) When necessary to achieve conformance with the management program provided for in Section 9-7-15, the board shall have the power to acquire fee simple and less than fee simple interest in land, water and other property under the procedures of Title 18 of this code, or other means; provided, however, that such power shall not apply to property and interest therein which is devoted to public use. In the implementation of this chapter no governmental agency shall adopt a rule or regulation that is unduly restrictive or constitutes a taking of property without payment or full compensation in accordance with the Constitution of the State of Alabama or of the United States. (k) through (m) Repealed by Acts 1982, No. 82-612, p. 1111, §14(b), effective October 1, 1982. (n) The board is authorized to accept and use such funds, facilities or personnel as may be or may become available for the purposes of this chapter. (Acts 1976, No. 534, p. 686, §§5, 14; Acts 1982, No. 82-612, p. 1111, §14(b).)
https://law.justia.com/codes/alabama/title-9/chapter-7/section-9-7-15/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 7 - Preservation, Development, etc., of Coastal Areas.›Section 9-7-15 - Coastal Area Board - Development of Coastal Area Management Program.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7 - Preservation, Development, etc., of Coastal Areas. › Section 9-7-15 - Coastal Area Board - Development of Coastal Area Management Program.
Section 9-7-15 Coastal Area Board - Development of coastal area management program. The board shall provide for the development of a comprehensive coastal area management program. The program shall be prepared in cooperation with local, regional, state and federal interests. The inland boundaries of the coastal area subject to the management program are described as follows: begin at the southernmost point on the Mississippi-Alabama state line where the land surface elevation reaches 10 feet above mean sea level and continue in a general easterly direction along the 10-foot contour to the proximity of Mobile Bay; continue in a northerly direction on the 10-foot contour along the western shore of Mobile Bay and the Mobile River delta to the north line of Mobile County; thence southeastward along the north line of Mobile County to the intersection with the Baldwin County lines in the Mobile River; thence along the west and north lines of Baldwin County in the Mobile and Alabama Rivers to the intersection of the southwest corner of Monroe County; thence eastward along the Baldwin County line to the intersection of the westernmost point of Baldwin County where the land surface altitude reaches 10 feet above mean sea level; thence along the 10-foot contour in a southwesterly and southern direction along the Alabama River, the Mobile River delta and the east shore of Mobile Bay to the proximity of Bon Secour; thence continue along the 10-foot contour in an easterly and northeasterly direction to the Alabama-Florida state line. The program shall include at least the following: (1) Identification of all of the state's coastal resources; (2) Evaluation of these resources in terms of their quality, quantity and capability for their use both now and in the future; (3) Determination of the present and potential uses and the present and potential conflicts in the uses of each coastal resource; (4) An inventory and designation of areas of particular concern within the coastal area; (5) Broad guidelines on priority of uses in particular areas; (6) Provision for adequate consideration of the local, regional, state and national interest involved in the siting of facilities for the development, generation, transmission and distribution of energy, adequate transportation facilities and other public services necessary to meet requirements which are other than local in nature; (7) Provision for consideration of whether a proposed activity of an applicant for a federal license or permit complies with the state's coastal area program and for the issuance of notice to any concerned federal agency as to whether the state concurs with or objects to the proposed activity; (8) Adequate provision for public notice, public hearings and judicial review as provided for under Alabama law; and The management program shall determine permissible land and water uses which have a direct and significant impact within the boundaries of the coastal area and must give due consideration to requirements for agriculture, industry, commerce, resource conservation, residential development, recreation, extraction of mineral resources and fossil fuels, harvesting of timber and pulpwood, transportation and navigation, waste disposal and harvesting of fish, shellfish and other living marine resources. (Acts 1976, No. 534, p. 686, §6.)
https://law.justia.com/codes/alabama/title-9/chapter-7/section-9-7-16/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 7 - Preservation, Development, etc., of Coastal Areas.›Section 9-7-16 - Department of Environmental Management - Promulgation of Rules and Regulations.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7 - Preservation, Development, etc., of Coastal Areas. › Section 9-7-16 - Department of Environmental Management - Promulgation of Rules and Regulations.
Section 9-7-16 Department of Environmental Management - Promulgation of rules and regulations. The department shall develop and promulgate, after notice and opportunity for full participation by relevant federal agencies, state agencies, local governments, regional organizations, port authorities and other interested parties, both public and private, such rules and regulations as may be necessary to carry out the management program provided for in this chapter. (Acts 1976, No. 534, p. 686, §7; Acts 1982, No. 82-612, p. 1111, §11.)
https://law.justia.com/codes/alabama/title-9/chapter-7/section-9-7-17/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 7 - Preservation, Development, etc., of Coastal Areas.›Section 9-7-17 - Approval by Governor of Management Program.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7 - Preservation, Development, etc., of Coastal Areas. › Section 9-7-17 - Approval by Governor of Management Program.
Section 9-7-17 Approval by Governor of management program. (a) The management program provided for in Section 9-7-15 shall not become effective until approved by the Governor. (b) Repealed by Acts 1982, No. 82-612, p. 1111, effective October 1. (Acts 1976, No. 534, p. 686, §10; Acts 1982, No. 82-612, p. 1111, §11.)
https://law.justia.com/codes/alabama/title-9/chapter-7/section-9-7-20/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 7 - Preservation, Development, etc., of Coastal Areas.›Section 9-7-20 - Requirements as to Permits Generally; Regulation of Uses of Lands Within Coastal Ar...
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7 - Preservation, Development, etc., of Coastal Areas. › Section 9-7-20 - Requirements as to Permits Generally; Regulation of Uses of Lands Within Coastal Area by Local Government Units; Filing With Board Copies of Applications for Federal Permits.
Section 9-7-20 Requirements as to permits generally; regulation of uses of lands within coastal area by local government units; filing with board copies of applications for federal permits. (a) It is the intent and purpose of this section to avoid duplication whenever possible as to managing activities within the coastal area and yet assure compliance with the management program established by the board. (b) The department shall review the permitting activities of persons within the coastal area in order to insure consistency with the coastal area management program and where necessary to issue permits to persons to insure compliance and consistency with said program. No agency can issue a permit for any activity in the coastal area that the Department of Environmental Management finds to be inconsistent with the coastal area management program. (c) There may well be uses of certain lands included within the boundaries of the coastal area which will not have a "direct and significant" impact on coastal waters. Such uses may be subject to regulation by local units of government (cities or counties) within the framework of the management program adopted by the board. (d) Any person, corporation or partnership filing an application for the federal permit for an activity to be conducted within the boundaries of the coastal area shall deliver to the department an informational copy of such application. (Acts 1976, No. 534, p. 686, §8; Acts 1982, No. 82-612, p. 1111, §11.)
https://law.justia.com/codes/alabama/title-9/chapter-7a/section-9-7a-1/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 7A - Alabama Recreation Capital Development Assistance Fund.›Section 9-7A-1 - Creation; Composition; Purpose.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7A - Alabama Recreation Capital Development Assistance Fund. › Section 9-7A-1 - Creation; Composition; Purpose.
Section 9-7A-1 Creation; composition; purpose. There is hereby created a fund which shall be known as the Alabama Recreation Capital Development Assistance Fund. The fund shall consist of moneys appropriated from the General Fund by the Legislature to assist state agencies, municipalities and counties within Alabama to address their recreational needs in such quality and quantity as is necessary and desirable to strengthen the health and vitality of Alabama's human and economic resources by providing funds for and authorizing state assistance to Alabama's governmental entities in planning, acquisition and development of needed land and water recreation areas and facilities. (Acts 1982, No. 82-615, p. 1154, §1.)
https://law.justia.com/codes/alabama/title-9/chapter-7a/section-9-7a-2/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 7A - Alabama Recreation Capital Development Assistance Fund.›Section 9-7A-2 - Definitions.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7A - Alabama Recreation Capital Development Assistance Fund. › Section 9-7A-2 - Definitions.
Section 9-7A-2 Definitions. The following terms, whenever used in this chapter, shall have the following respective meanings unless the context clearly indicates otherwise: (1) COMMISSIONER. The Commissioner of the Department of Conservation and Natural Resources. (2) ADMINISTRATOR. The director of the plans and programs of the Department of Conservation and Natural Resources. (3) FUND. The Alabama Recreation Capital Development Assistance Fund. (4) APPLICANT. Any county, or municipality; or state, county or municipal agency having legal authority to hold title to real property, or any combination of the above named entities. (5) RECREATIONAL LAND. Land and appurtenances thereto used for, or susceptible to recreational use. (6) RECREATIONAL USE. Participation in or observation of outdoor activities by the general public including, but not limited to, hunting, fishing, water sports, aerial sports, hiking, camping, winter sports, animal or vehicular riding and any related activity. (7) STATE PROJECT. Any program of a state agency, board, authority or commission either individually or jointly, for the planning, acquisition of title or interest in real property, and development of facilities; providing thereby for recreational uses or for research or other educational studies deemed necessary to assist in implementing this chapter. (8) LOCAL PROJECT. Any program of a county, municipality or agency thereof, either individually or jointly, for the planning, acquisition of title or interest in real property, and development of facilities, providing thereby for recreational uses. (9) IN-KIND CONTRIBUTIONS. In-kind contributions represent the value of contributions provided by the applicant, other public agencies and institutions, and private organizations and individuals which directly benefit and are specifically identifiable to the project. (Acts 1982, No. 82-615, p. 1154, §2; Acts 1983, 2nd Ex. Sess., No. 83-131, p. 137, §1.)
https://law.justia.com/codes/alabama/title-9/chapter-7a/section-9-7a-3/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 7A - Alabama Recreation Capital Development Assistance Fund.›Section 9-7A-3 - Application; Procedure; Description of Project.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7A - Alabama Recreation Capital Development Assistance Fund. › Section 9-7A-3 - Application; Procedure; Description of Project.
Section 9-7A-3 Application; procedure; description of project. No grant may be made under this chapter unless an application is submitted to the commissioner in accordance with regulations and procedures prescribed by him and the project described in said application is in accordance with the statewide outdoor recreation plan which has been approved by the commissioner. (Acts 1982, No. 82-615, p. 1154, §3.)
https://law.justia.com/codes/alabama/title-9/chapter-7a/section-9-7a-4/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 7A - Alabama Recreation Capital Development Assistance Fund.›Section 9-7A-4 - Applicants Required to Assume Post-Completion Cost of Maintenance, Etc.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7A - Alabama Recreation Capital Development Assistance Fund. › Section 9-7A-4 - Applicants Required to Assume Post-Completion Cost of Maintenance, Etc.
Section 9-7A-4 Applicants required to assume post-completion cost of maintenance, etc. All applicants shall agree to assume after completion of the project, the total cost of maintenance, repair and operation of the property. (Acts 1982, No. 82-615, p. 1154, §4.)
https://law.justia.com/codes/alabama/title-9/chapter-7a/section-9-7a-5/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 7A - Alabama Recreation Capital Development Assistance Fund.›Section 9-7A-5 - Grants — Maximum Amount; Contribution of Matching Amount by Applicant; Compos...
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7A - Alabama Recreation Capital Development Assistance Fund. › Section 9-7A-5 - Grants — Maximum Amount; Contribution of Matching Amount by Applicant; Composition of Applicant's Share.
Section 9-7A-5 Grants — Maximum amount; contribution of matching amount by applicant; composition of applicant's share. Grants to any applicant shall cover not more than fifty percent of the cost of planning, acquiring, or developing a project that is undertaken by the applicant. The remaining share of the cost shall be borne by the applicant. No less than fifty percent of the applicant's share of the cost of a project shall consist of cash contributions or real property donated by private sources. The remaining match may be in the form of in-kind contributions. (Acts 1982, No. 82-615, p. 1154, §5.)
https://law.justia.com/codes/alabama/title-9/chapter-7a/section-9-7a-6/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 7A - Alabama Recreation Capital Development Assistance Fund.›Section 9-7A-6 - Grants - Projects Receiving Financial Assistance Must Conform to the State Comprehe...
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7A - Alabama Recreation Capital Development Assistance Fund. › Section 9-7A-6 - Grants - Projects Receiving Financial Assistance Must Conform to the State Comprehensive Outdoor Recreation Plan.
Section 9-7A-6 Grants - Projects receiving financial assistance must conform to the state comprehensive outdoor recreation plan. Financial assistance may be provided to any applicant for the following types of projects or combinations thereof if they are in accordance with the state comprehensive outdoor recreation plan: (1) Payments for the acquisition of land, waters or interest in land or waters but not including incidental costs relating to acquisition. (2) Payments for development of recreation facilities to serve the general public, including the development of state lands. Lands under lease for recreational development must be for a minimum of twenty-five years. Lands acquired with funds under this chapter must be dedicated to recreational use. (Acts 1982, No. 82-615, p. 1154, §6.)
https://law.justia.com/codes/alabama/title-9/chapter-7a/section-9-7a-7/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 7A - Alabama Recreation Capital Development Assistance Fund.›Section 9-7A-7 - Grants - Disbursement.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7A - Alabama Recreation Capital Development Assistance Fund. › Section 9-7A-7 - Grants - Disbursement.
Section 9-7A-7 Grants - Disbursement. Payments shall be made to applicants by the commissioner only for approved projects. Such payments may be made from time to time in keeping with the rate of progress toward the satisfactory completion of individual projects. All such payments shall be made by the commissioner to the official or agency having the lawful authority and responsibility of accepting and administering funds paid hereunder. If consistent with an approved project, and when the commissioner deems it necessary to do so, payments may be made in advance. (Acts 1982, No. 82-615, p. 1154, §7.)
https://law.justia.com/codes/alabama/title-9/chapter-7a/section-9-7a-8/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 7A - Alabama Recreation Capital Development Assistance Fund.›Section 9-7A-8 - Reports to Commissioner Required; Form; Contents.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7A - Alabama Recreation Capital Development Assistance Fund. › Section 9-7A-8 - Reports to Commissioner Required; Form; Contents.
Section 9-7A-8 Reports to commissioner required; form; contents. No payment shall be made to any applicant until the applicant has agreed to provide reports to the commissioner, in such form and containing information, as may be reasonably necessary to enable the commissioner to perform his duties under this chapter, including such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement and accounting for funds paid to the applicant under this chapter. (Acts 1982, No. 82-615, p. 1154, §8.)
https://law.justia.com/codes/alabama/title-9/chapter-7a/section-9-7a-9/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 7A - Alabama Recreation Capital Development Assistance Fund.›Section 9-7A-9 - Applicant Required to Maintain Records; Contents.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7A - Alabama Recreation Capital Development Assistance Fund. › Section 9-7A-9 - Applicant Required to Maintain Records; Contents.
Section 9-7A-9 Applicant required to maintain records; contents. Each applicant under this chapter shall keep such records as the commissioner shall prescribe, including records which fully disclose the amount and the disposition by each applicant of the proceeds, the total cost of the project in connection with which such assistance is given or used, and the amount and nature of that portion of the cost of the project or undertaking supplied by other sources; and such other records as will facilitate an effective audit. (Acts 1982, No. 82-615, p. 1154, §9.)
https://law.justia.com/codes/alabama/title-9/chapter-7a/section-9-7a-10/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 7A - Alabama Recreation Capital Development Assistance Fund.›Section 9-7A-10 - Conversion of Property Acquired Under This Chapter Requires Approval of Commission...
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7A - Alabama Recreation Capital Development Assistance Fund. › Section 9-7A-10 - Conversion of Property Acquired Under This Chapter Requires Approval of Commissioner.
Section 9-7A-10 Conversion of property acquired under this chapter requires approval of commissioner. No property acquired or developed with assistance under this chapter shall, without the prior approval of the commissioner, be converted to other than public uses. The commissioner may approve such conversion only if he finds it to be in accordance with criteria as may be established by him. (Acts 1982, No. 82-615, p. 1154, §10.)
https://law.justia.com/codes/alabama/title-9/chapter-7a/section-9-7a-11/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 7A - Alabama Recreation Capital Development Assistance Fund.›Section 9-7A-11 - Examination of Records, etc., by Commissioner Authorized.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7A - Alabama Recreation Capital Development Assistance Fund. › Section 9-7A-11 - Examination of Records, etc., by Commissioner Authorized.
Section 9-7A-11 Examination of records, etc., by commissioner authorized. The commissioner or any duly authorized representative shall have access, for the purpose of audit or examination, to any books, documents, papers, and records of the applicant that are pertinent to assistance received under this chapter. (Acts 1982, No. 82-615, p. 1154, §11.)
https://law.justia.com/codes/alabama/title-9/chapter-7a/section-9-7a-12/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 7A - Alabama Recreation Capital Development Assistance Fund.›Section 9-7A-12 - Grant Requests Must Conform to Guidelines Promulgated by Commissioner.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7A - Alabama Recreation Capital Development Assistance Fund. › Section 9-7A-12 - Grant Requests Must Conform to Guidelines Promulgated by Commissioner.
Section 9-7A-12 Grant requests must conform to guidelines promulgated by commissioner. Each applicant shall submit its grant request under guidelines set forth by the commissioner. (Acts 1982, No. 82-615, p. 1154, §12.)
https://law.justia.com/codes/alabama/title-9/chapter-7a/section-9-7a-13/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 7A - Alabama Recreation Capital Development Assistance Fund.›Section 9-7A-13 - Functions and Activities of Commissioner - Generally.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7A - Alabama Recreation Capital Development Assistance Fund. › Section 9-7A-13 - Functions and Activities of Commissioner - Generally.
Section 9-7A-13 Functions and activities of commissioner - Generally. In order to carry out the provisions of this chapter the commissioner through plans and programs of the department shall perform the following functions and activities: (1) Prepare and maintain a continuing inventory and evaluation of recreational needs and resources of the State of Alabama; (2) Formulate and maintain a comprehensive statewide recreation plan, taking into consideration the plans of various federal and state agencies, and political subdivisions. The plan shall set forth the needs and demands of the public for recreation in the current and foreseeable future, recommend desirable actions to be taken at each level of government, as well as identify those actions that can be made by private interests; (3) Provide technical assistance and advice to, and cooperate with, political subdivisions, and private interests, including nonprofit organizations, with respect to recreation; (4) Sponsor, engage in, and assist in research relating to recreation by contract or cooperative agreements, and make payments for such purposes; (5) Undertake studies and assemble information concerning recreation directly or by contract or cooperative agreement, and disseminate such information; (6) Promote coordination of state plans and activities generally relating to recreation; and (7) Promulgate such reasonable rules and regulations deemed necessary to implement the provisions of this chapter. (Acts 1982, No. 82-615, p. 1154, §13.)
https://law.justia.com/codes/alabama/title-9/chapter-7a/section-9-7a-14/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 7A - Alabama Recreation Capital Development Assistance Fund.›Section 9-7A-14 - Functions and Activities of Commissioner - Cooperation and Collaboration With Othe...
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7A - Alabama Recreation Capital Development Assistance Fund. › Section 9-7A-14 - Functions and Activities of Commissioner - Cooperation and Collaboration With Other Governmental Agencies, etc., Authorized.
Section 9-7A-14 Functions and activities of commissioner - Cooperation and collaboration with other governmental agencies, etc., authorized. The commissioner, in administering this chapter, is authorized to cooperate with, and may seek and accept the assistance of, any federal, state, county or municipal department or agency, and educational or scientific institutions. (Acts 1982, No. 82-615, p. 1154, §14.)
https://law.justia.com/codes/alabama/title-9/chapter-7a/section-9-7a-15/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 7A - Alabama Recreation Capital Development Assistance Fund.›Section 9-7A-15 - Functions and Activities of Commissioner - Consultation With Other State Departmen...
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7A - Alabama Recreation Capital Development Assistance Fund. › Section 9-7A-15 - Functions and Activities of Commissioner - Consultation With Other State Departments, Etc.
Section 9-7A-15 Functions and activities of commissioner - Consultation with other state departments, etc. The heads of state departments and independent agencies having administrative responsibility over activities or resources, the conduct or use of which is pertinent to fulfillment of the provisions of this chapter shall, either individually or as a group, consult with and be consulted by the commissioner from time to time both with respect to their conduct of those activities which the commissioner carries on under authority of this chapter which are pertinent to their work. (Acts 1982, No. 82-615, p. 1154, §15.)
https://law.justia.com/codes/alabama/title-9/chapter-7a/section-9-7a-16/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 7A - Alabama Recreation Capital Development Assistance Fund.›Section 9-7A-16 - Disposition of Moneys Received Under Provisions of This Chapter.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7A - Alabama Recreation Capital Development Assistance Fund. › Section 9-7A-16 - Disposition of Moneys Received Under Provisions of This Chapter.
Section 9-7A-16 Disposition of moneys received under provisions of this chapter. All moneys received under the provisions of this chapter will be appropriated to the fund within the Department of Conservation and Natural Resources plans and programs, and may be used by the commissioner for all purposes reasonably necessary in the administration of the provisions of this chapter, including said division's pro rata share of general administrative expenses of the Department of Conservation and Natural Resources. (Acts 1982, No. 82-615, p. 1154, §16; Acts 1983, 2nd Ex. Sess., No. 83-131, p. 137, §1.)
https://law.justia.com/codes/alabama/title-9/chapter-7a/section-9-7a-17/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 7A - Alabama Recreation Capital Development Assistance Fund.›Section 9-7A-17 - Priority in Allocation of Fund.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 7A - Alabama Recreation Capital Development Assistance Fund. › Section 9-7A-17 - Priority in Allocation of Fund.
Section 9-7A-17 Priority in allocation of fund. Priority in the allocation of fund moneys may be given to applicants having experienced either natural or man-made disasters in areas so designated by the Governor. (Acts 1982, No. 82-615, p. 1154, §17.)
https://law.justia.com/codes/alabama/title-9/chapter-8/article-1/section-9-8-1/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8 - Soil and Water Conservation Generally.›Article 1 - Water Resources Research Institute.›Section 9-8-1 - Declaration of Policy; Purpose of Article.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 1 - Water Resources Research Institute. › Section 9-8-1 - Declaration of Policy; Purpose of Article.
Section 9-8-1 Declaration of policy; purpose of article. It is the policy and purpose of the Alabama Legislature to assure that the state at all times has an abundance of water, both as to its quantity and quality, necessary to meet the requirements of an expanding population and industrial community and, to help achieve this objective, to stimulate, sponsor and provide for the conduct of research, investigations and experiments in the field of water and resources as they affect water and to encourage the training of scientists in fields related to water by aiding in establishing and supporting an institute or center at Auburn University for the development of a water resources research program. (Acts 1963, 2nd Ex. Sess., No. 149, p. 338, §1.)
https://law.justia.com/codes/alabama/title-9/chapter-8/article-1/section-9-8-2/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8 - Soil and Water Conservation Generally.›Article 1 - Water Resources Research Institute.›Section 9-8-2 - Establishment Authorized; Receipt of Federal Funds.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 1 - Water Resources Research Institute. › Section 9-8-2 - Establishment Authorized; Receipt of Federal Funds.
Section 9-8-2 Establishment authorized; receipt of federal funds. The Board of Trustees of Auburn University may establish or provide for the establishment of a water resources research institute or center, which is hereby designated as the state agency to accept federal funds appropriated or allocated by Congress to the state for the use of water resources research centers established as envisioned by the Water Resources Research Act of 1964 (codified as 42 U.S.C.A. §1961 et seq.). (Acts 1963, 2nd Ex. Sess., No. 149, p. 338, §2.)
https://law.justia.com/codes/alabama/title-9/chapter-8/article-1/section-9-8-3/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8 - Soil and Water Conservation Generally.›Article 1 - Water Resources Research Institute.›Section 9-8-3 - Management and Control; Powers and Duties.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 1 - Water Resources Research Institute. › Section 9-8-3 - Management and Control; Powers and Duties.
Section 9-8-3 Management and control; powers and duties. The institute or center established under Section 9-8-1 shall be subject to the management and control of the trustees and President of Auburn University, and its programs shall be coordinated with the Geological Survey of Alabama. It shall be the duty of the institute or center to stimulate, plan and conduct original research, investigations or experiments of either a basic or practical nature, or both, in relation to water resources, including but not limited to aspects of the hydrological cycle; supply and demand for water; conservation and best use of available supply; methods of increasing such supply; and agricultural, biological, ecological, economic, engineering, geographic, industrial, legal, recreational, social and other aspects of water problems. The results of the research conducted by the institute or center shall be reported or published in such manner and at such times as the director of the institute may consider suitable and appropriate. (Acts 1963, 2nd Ex. Sess., No. 149, p. 338, §3.)
https://law.justia.com/codes/alabama/title-9/chapter-8/article-1/section-9-8-4/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8 - Soil and Water Conservation Generally.›Article 1 - Water Resources Research Institute.›Section 9-8-4 - Article Supplementary.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 1 - Water Resources Research Institute. › Section 9-8-4 - Article Supplementary.
Section 9-8-4 Article supplementary. This article is intended to supplement and not to prejudice, restrict or duplicate programs of water resources or research conducted by the Geological Survey of Alabama or the University of Alabama, or to prejudice or restrict the receipt of other federal, state or other funds by either of these or other state agencies. (Acts 1963, 2nd Ex. Sess., No. 149, p. 338, §4.)
https://law.justia.com/codes/alabama/title-9/chapter-8/article-2/section-9-8-20/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8 - Soil and Water Conservation Generally.›Article 2 - Soil and Water Conservation Districts.›Section 9-8-20 - Definitions.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 2 - Soil and Water Conservation Districts. › Section 9-8-20 - Definitions.
Section 9-8-20 Definitions. Wherever used or referred to in this article, unless a different meaning clearly appears from the context: (1) DISTRICT or SOIL AND WATER CONSERVATION DISTRICT. A governmental subdivision of this state and a public body corporate and politic organized in accordance with the provisions of this article for the purposes, with the powers and subject to the restrictions set forth in this article. (2) SUPERVISOR. One of the members of the governing body of a district appointed in accordance with the provisions of this article. (3) COMMITTEE or STATE SOIL AND WATER CONSERVATION COMMITTEE. The agency created in Section 9-8-22. (4) PETITION. A petition filed under the provisions of subsection (a) of Section 9-8-23 for the creation of a district. (5) STATE. The State of Alabama. (6) AGENCY OF THIS STATE. Such term includes the government of this state and any subdivision, agency or instrumentality, corporate or otherwise, of the government of this state. (7) UNITED STATES or AGENCIES OF THE UNITED STATES. Such terms include the United States of America, the Soil Conservation Service of the United States Department of Agriculture and any other agency or instrumentality, corporate or otherwise, of the United States of America. (8) GOVERNMENT or GOVERNMENTAL. Such terms include the government of this state, the government of the United States and any subdivision, agency or instrumentality, corporate or otherwise, of either of them. (9) LANDOWNER or OWNER OF LAND. Such terms include any person, firm or corporation who shall hold legal or equitable title to any farm, forest or grazing lands lying within a district organized under the provisions of this article. (10) DUE NOTICE. Notice published at least twice, with an interval of at least seven days between the two publication dates, in a newspaper or other publication of general circulation within the appropriate area or, if no such publication of general circulation is available, by posting in at least three public places in each county lying in whole or in part within the designated area. At any hearing held pursuant to such notice, at the time and place designated in such notice, adjournment may be made from time to time without the necessity of renewing such notice for such adjourned dates. (11) LAND OCCUPIER or OCCUPIER OF LAND. Such terms include any person, firm or corporation who shall be in possession of any lands lying within a district organized under the provisions of this article, whether as lessee, renter, tenant or owner. (Acts 1939, No. 147, p. 202, § 3; Code 1940, T. 2, §659.)
https://law.justia.com/codes/alabama/title-9/chapter-8/article-2/section-9-8-21/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8 - Soil and Water Conservation Generally.›Article 2 - Soil and Water Conservation Districts.›Section 9-8-21 - Legislative Findings; Declaration of Policy.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 2 - Soil and Water Conservation Districts. › Section 9-8-21 - Legislative Findings; Declaration of Policy.
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 soil erosion, it is necessary that land-use practices contributing to soil wastage and soil erosion be discouraged and discontinued and appropriate soil-conserving land-use practices be adopted and carried out. (b) It is hereby declared to be the policy of the Legislature to provide for the conservation of the soil and soil resources of this state and for the control and prevention of soil erosion, thereby to preserve natural resources, control floods, prevent impairment of dams and reservoirs, assist in maintaining the navigability of rivers and harbors, preserve wildlife, protect the tax base, protect public lands and protect and promote the health, safety and general welfare of the people of this state. (Acts 1939, No. 147, p. 202, §2; Code 1940, T. 2, §658.)
https://law.justia.com/codes/alabama/title-9/chapter-8/article-2/section-9-8-22/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8 - Soil and Water Conservation Generally.›Article 2 - Soil and Water Conservation Districts.›Section 9-8-22 - State Soil and Water Conservation Committee.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 2 - Soil and Water Conservation Districts. › Section 9-8-22 - State Soil and Water Conservation Committee.
Section 9-8-22 State Soil and Water Conservation Committee. (a) There is hereby established, to serve as an agency of the state and to perform the functions conferred upon it in this article, the State Soil and Water Conservation Committee. (b) This committee shall consist of nine persons: The Director of the State Cooperative Agricultural Extension Service, the Director of the State Agricultural Experiment Station, the Supervisor of Vocational Agricultural Education and six members who are soil and water conservation district supervisors, to be appointed by the Governor, one such appointive member from each of the six major geographical areas of the state as such areas are designated on January 1, 1972, by the State Association of Soil and Water Conservation district supervisors. The appointive members of the committee shall hold office for a term of three years and until their successors are appointed. Such members shall be appointed by the Governor from a list containing the names of not less than three soil and water conservation district supervisors as nominated by their respective areas and submitted to the Governor through the State Soil and Water Conservation Committee. From this list so submitted, the Governor shall appoint one member of the committee from each of the six aforesaid areas. The appointed soil and water conservation district supervisors now serving on the committee shall continue to serve, representing their area, until the expiration of their present terms of appointment and until their successors are appointed. The additional three appointive supervisor members shall serve for the following terms: One shall serve for a term of one year; one for a term of two years; one for a term of three years and thereafter such appointive members shall serve for terms of three years. Any vacancy among appointive members shall be filled for the unexpired term in the same manner as original appointments are made under this section. Successor appointive supervisor members, at the expiration of their term of appointment, shall be appointed by the Governor in the manner as hereinabove provided. It is hereby intended that of the six appointive soil and water conservation district supervisors from the six areas serving on the State Soil and Water Conservation Committee, two such member terms shall expire at the end of each year. (c) The committee shall keep a record of its official actions, shall adopt a seal, which seal shall be judicially noticed, and may perform such acts, hold such public hearings and promulgate such rules and regulations as may be necessary for the execution of its functions under this article. The State Soil and Water Conservation Committee may employ an administrative officer and such other agents and employees, permanent and temporary, as it may require and shall determine their qualifications, duties and compensation. The compensation of the administrative officer shall be fixed by the committee without reference to the pay plan of the State Personnel Department or limitations otherwise prescribed by law and shall not exceed such amount as is set by statute. The committee may call upon the Attorney General of the state for such legal services as it may require or may employ its own counsel and legal staff. It shall have authority to delegate to its chairman, to one or more of its members or to one or more agents or employees such powers and duties as it may deem proper. It shall be supplied with suitable office accommodations in the City of Montgomery and shall be furnished with the necessary supplies and equipment. The committee may request any state agency or state institution of learning to make special reports, surveys or studies for the purpose of carrying out any of the committee's functions. The supervising officer of any such agency or institution shall comply with such requests insofar as may be reasonable and consistent with the duties, available funds and personnel of the agency or institution. The committee shall designate its chairman and may, from time to time, change such designation. Each ex officio member of the committee shall hold office so long as he shall retain the office by virtue of which he shall be serving on the committee. A majority of the committee shall constitute a quorum, and the concurrence of a majority in any matter within their duties shall be required for its determination. The chairman and members of the committee shall receive no compensation for their services on the committee, but shall be entitled to expenses, including traveling expenses, necessarily incurred in the discharge of their duties on the committee. The committee shall provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds or property, shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations and orders issued or adopted and shall provide for an annual audit of the accounts of receipts and disbursements. (d) In addition to the duties and powers conferred in this article upon the State Soil and Water Conservation Committee, it shall have the following duties and powers: (1) To offer such assistance as may be appropriate to the supervisors of soil and water conservation districts, organized as provided in this article, in the carrying out of any of their powers and programs. (2) To keep the supervisors of each of the several districts organized under the provisions of this article informed of the activities and experience of all other districts organized under this article and to facilitate an interchange of advice and experience between such districts and cooperation between them. (3) To coordinate the program of the several soil and water conservation districts organized under this article so far as this may be done by advice and consultation. (4) To secure the cooperation and assistance of the United States and any of its agencies and of agencies of this state in the work of such districts. (5) To disseminate information throughout the state concerning the activities and programs of the soil and water conservation districts organized under this article and to encourage the formation of such districts in areas where their organization is desirable. (Acts 1939, No. 147, p. 202, §4; Code 1940, T. 2, §660; Acts 1949, No. 382, p. 558, §1; Acts 1967, No. 740, p. 1581, §1; Acts 1969, Ex. Sess., No. 220, p. 287, §1; Acts 1971, No. 1932, p. 3118, §1.)
https://law.justia.com/codes/alabama/title-9/chapter-8/article-2/section-9-8-23/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8 - Soil and Water Conservation Generally.›Article 2 - Soil and Water Conservation Districts.›Section 9-8-23 - Creation and Incorporation of Districts; Increase or Decrease in Boundaries; Reorga...
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 2 - Soil and Water Conservation Districts. › Section 9-8-23 - Creation and Incorporation of Districts; Increase or Decrease in Boundaries; Reorganization; Change of Name.
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 for such district, that a referendum be held within the territory so defined on the question of the creation of a soil and water conservation district in such territory and that the committee determine that such a district be created. Where more than one petition is filed covering parts of the same territory, the State Soil and Water Conservation Committee may consolidate all or any such petitions. (b) Within 60 days after such a petition has been filed with the State Soil and Water Conservation Committee, it shall cause due notice to be given of a proposed hearing upon the question of the desirability and necessity in the interest of the public health, safety and welfare of the creation of such district, upon the question of the appropriate boundaries to be assigned to such district, upon the propriety of the petition and other proceedings taken under this article and upon all questions relevant to such inquiries. All owners of land within the limits of the territory described in the petition and of lands within any territory considered for addition to such described territory, and all other interested parties shall have the right to attend such hearings and to be heard. If it shall appear upon the hearing that it may be desirable to include within the proposed district territory outside of the area within which due notice of the hearing has been given, the hearing shall be adjourned and due notice of further hearing shall be given throughout the entire area considered for inclusion in the district and such further hearing held. After such hearing, if the committee shall determine upon the facts presented at such hearing and upon such other relevant facts and information as may be available 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 considered at the hearing, it shall make and record such determination and shall define, by metes and bounds or by legal subdivisions, the boundaries of such district. In making such determination and in defining such boundaries, the committee shall give due weight and consideration to the topography of the area considered and of the state, the composition of soils therein, the distribution of erosion, the prevailing land-use practices, the desirability and necessity of including within the boundaries the particular lands under consideration and the benefits such lands may receive from being included within such boundaries, the relation of the proposed area to existing watersheds and agricultural regions and to other soil and water conservation districts already organized or proposed for organization under the provisions of this article and such other physical, geographical and economic factors as are relevant, having due regard to the legislative determination set forth in Section 9-8-21. If the committee shall determine after such hearing after due consideration of the said relevant facts that there is no need for a soil and water conservation district to function in the territory considered at the hearing, it shall make and record such determination and shall deny the petition. After 12 months shall have expired from the date of the denial of any such petition, subsequent petitions covering the same or substantially the same territory may be filed as aforesaid and new hearings held and determinations made thereon. (c) After the committee has made and recorded a determination that there is need in the interest of the public health, safety and welfare for the organization of a district in a particular territory and has defined the boundaries thereof, it shall consider the question whether the operation of a district within such boundaries with the powers conferred upon soil and water conservation districts in this article is administratively practicable and feasible. To assist the committee in the determination of such administrative practicability and feasibility, it shall be the duty of the committee within a reasonable time after entry of the finding that there is need for the organization of the proposed district and the determination of the boundaries thereof to hold a referendum within the proposed district upon the proposition of the creation of the district and to cause due notice of such referendum to be given. The question shall be submitted by ballots upon which the words "For creation of a soil conservation district of the lands below described and lying in the County(ies) of _____ and _____" and "Against creation of a soil conservation district of the lands below described, and lying in the County(ies) of _____, and _____" shall be printed, with a square before each proposition and a direction to insert an X mark in the square before one or the other of said propositions as the voter may favor or oppose the creation of such district. The ballot shall set forth the boundaries of such proposed district as determined by the committee. All owners of lands lying within the boundaries of the territory, as determined by the State Soil and Water Conservation Committee, shall be eligible to vote in such referendum. Only such landowners shall be eligible to vote. The committee shall pay all expenses for the issuance of such notices and the conduct of such hearings and referenda and shall supervise the conduct of such hearings and referenda. It shall issue appropriate regulations governing the conduct of such hearings and referenda and providing for the registration prior to the date of the referendum of all eligible voters or prescribing some other appropriate procedure for the determination of those eligible as voters in such referendum. No informalities in the conduct of such referendum or in any matters relating thereto shall invalidate said referendum or the result thereof if notice thereof shall have been given substantially as provided in this section and said referendum shall have been fairly conducted. The committee shall take charge of all ballots cast, supervise the counting thereof and publish the result of such referendum and shall thereafter consider and determine whether the operation of the district within the defined boundaries is administratively practicable and feasible. If the committee shall determine that the operation of such district is not administratively practicable and feasible, it shall record such determination and deny the petition. If the committee shall determine that the operation of such district is administratively practicable and feasible, it shall record such determination and shall proceed with the organization of the district in the manner hereinafter provided. In making such determination the committee shall give due regard and weight to the attitudes of the owners of lands lying within the defined boundaries, the number of landowners eligible to vote in such referendum who shall have voted, the proportion of the votes cast in such referendum in favor of the creation of the district of the total number of votes cast, the approximate wealth and income of the landowners of the proposed district, the probable expense of carrying on erosion-control operations within such district and such other economic and social factors as may be relevant to such determination, having due regard to the legislative determinations set forth in Section 9-8-21; provided, however, that the committee shall not have authority to determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible unless at least two thirds of the votes cast in the referendum upon the proposition of creation of the district shall have been cast in favor of the creation of such district. (d) If the committee shall determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible, it shall appoint one supervisor from each of the counties within the district, but in no event less than five supervisors, who shall be landowners and residents of the said proposed district, to act as the governing body of the district. Such districts shall be a governmental subdivision of this state and a public body, corporate and politic, upon the taking of the following proceedings: The supervisors shall present to the Secretary of State an application signed by them which shall set forth (and such application need contain no detail other than the mere recitals): that a petition for the creation of the district was filed with the State Soil and Water Conservation Committee pursuant to the provisions of this article and that the proceedings specified in this article were taken pursuant to such petition that the application is being filed in order to complete the organization of the district as a governmental subdivision and a public body, corporate and politic, under this article and that the committee has appointed them as supervisors; the name and official residence of each of the supervisors, together with a certified copy of the appointments evidencing their right to office; the term of office of each of the supervisors; the name which is proposed for the district; and the location of the principal office of the supervisors of the district. The application shall be subscribed and sworn to by each of the said supervisors before an officer authorized by the laws of this state to take and certify oaths, who shall certify upon the application that he personally knows the supervisors and knows them to be the officers as affirmed in the application and that each has subscribed thereto in the officer's presence. The application shall be accompanied by a statement by the State Soil and Water Conservation Committee, which shall certify (and such statement need contain no detail other than the mere recitals) that a petition was filed, notice issued and hearing held as aforesaid; that the committee did duly determine 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 proposed territory and did define the boundaries thereof; that notice was given and a referendum held on the question of the creation of such district and that the result of such referendum showed at least two thirds of the votes cast in such referendum to be in favor of the creation of the district; and that thereafter the committee did duly determine that the operation of the proposed district is administratively practicable and feasible. The said statement shall set forth the boundaries of the district as they have been defined by the committee. The Secretary of State shall examine the application and statement and, if he finds that the name proposed for the district is not identical with that of any other soil conservation district of this state or so nearly similar as to lead to confusion or uncertainty, he shall receive and file them and record them in an appropriate book of record in his office. If the Secretary of State shall find that the name proposed for the district is identical with that of any other soil and water conservation district of this state or so nearly similar as to lead to confusion and uncertainty, he shall certify such fact to the State Soil and Water Conservation Committee, which shall thereupon submit to the Secretary of State a new name for the said district, which shall not be subject to such defects. Upon receipt of such new name free of such defects, the Secretary of State shall record the application and statement with the name so modified in an appropriate book of record in his office. When the application and statement have been made, filed and recorded as provided in this section, the district shall constitute a governmental subdivision of this state and a public body, corporate and politic. The Secretary of State shall make and issue to the said supervisors a certificate under the seal of the state of the due organization of the said district and shall record such certificate with the application and statement. The boundaries of such district shall include the territory as determined by the State Soil and Water Conservation Committee as aforesaid, but in no event shall they include any area included within the boundaries of another soil and water conservation district organized under the provisions of this article. After 12 months shall have expired from the date of entry of a determination by the State Soil and Water Conservation Committee that operation of a proposed district is not administratively practicable and feasible and denial of a petition pursuant to such determination, subsequent petitions may be filed as provided in this section and action taken thereon in accordance with the provisions of this article. (e) Petitions for including additional territory within an existing district may be filed with the State Soil and Water Conservation Committee and the proceedings provided for in this section in the case of petitions to organize a district shall be observed in the case of such petitions, which shall be as nearly as may be in the form prescribed in this section for petitions to organize a district. Where the total number of landowners in the area proposed for inclusion shall be less than 25, the petition may be filed when signed by at least two thirds of the owners of land of such area, and in such case no referendum need be held. In referenda upon petitions for such inclusion, all owners of land lying within the proposed additional area shall be eligible to vote. Whenever such additional territory shall be taken into any existing district, the supervisor shall certify to the Secretary of State the name of the district to which it is added and the legal description of the area added. (f) Territory within the boundaries of an existing district may be disannexed therefrom and added to another existing district. The procedure for adding such territory to such other district shall be the same as that provided in subsection (e) of this section, and in such case the State Soil and Water Conservation Committee shall give written notice to the Secretary of State of the change made in the boundaries of said districts, and the Secretary of State shall issue certificates of reorganization to such districts under the seal of the state and shall record copies thereof, together with such notification, in his office. (g) Territory within the boundaries of an existing district may be disannexed therefrom and included, with or without additional territory, within a new district. The procedure for creating such new districts shall be the same as that provided by law for the creation of soil and water conservation districts. If any such new district shall be formed, the State Soil and Water Conservation Committee shall give written notice thereof to the Secretary of State who shall issue a certificate of reorganization to the old district and shall record copies thereof, with said notification, in his office. (h) Whenever the State Soil and Water Conservation Committee deems it administratively practicable and feasible, it may, upon petition of the supervisors of any existing district, conduct a poll by mail among the cooperators in any county of the district to determine if they wish to establish a separate district. If a majority of the cooperators voting favor the proposal, the territory covered by the referendum shall be disannexed and a new district created, the boundary of which shall be coextensive with the boundaries of the county disannexed. The committee shall appoint five supervisors, who shall be landowners and residents of the district, to act as the governing body of the new district. Thereafter, the committee shall give the new district a name and certify the name to the Secretary of State along with a statement containing the name and residence of each of the supervisors appointed and the location of the principal office of the supervisors within the district. The Secretary of State shall record the statement in his office in a book kept for such purpose and shall make and issue to the supervisors a certificate under the seal of the state of the due organization of the new district. The State Soil and Water Conservation Committee shall prescribe reasonable regulations governing the conduct of polls on the formation of districts under this subsection, shall determine the eligibility of persons to vote and shall be the sole judge of the results of any poll so taken. (i) The name of any soil and water conservation district may be changed in the following manner: The board of supervisors shall adopt a resolution providing for a change of name and submit a copy of such resolution to the State Soil and Water Conservation Committee, which shall present the same to the Secretary of State who shall, if he finds that such name is not identical with or so nearly similar to the name of another soil conservation district as to lead to confusion or uncertainty, file said copy of resolution and issue a new certificate to said district showing such new name. (j) In any action or proceeding involving the validity or enforcement of or relating to any contract, proceeding or action of the district, the district shall be deemed to have been duly organized, reorganized and/or renamed in accordance with the provisions of this article, upon proof of the issuance of a certificate to such effect by the Secretary of State as provided in this section. A copy of any such certificate duly certified by the Secretary of State shall be admissible as evidence in any such action or proceeding and shall be proof of the issuance and contents thereof. (Acts 1939, No. 147, p. 202, §5; Code 1940, T. 2, §661; Acts 1953, No. 874, p. 1173, §1; Acts 1957, No. 516, p. 698.)
https://law.justia.com/codes/alabama/title-9/chapter-8/article-2/section-9-8-24/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8 - Soil and Water Conservation Generally.›Article 2 - Soil and Water Conservation Districts.›Section 9-8-24 - Supervisors.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 2 - Soil and Water Conservation Districts. › Section 9-8-24 - Supervisors.
Section 9-8-24 Supervisors. The governing body of the district shall consist of one supervisor from each of the counties within the district, but in no event less than five, appointed as provided in this article. The supervisors shall be persons who are by training and experience qualified to perform the specialized skilled service which will be required of them in the performance of their duties under this article. The supervisors shall designate a chairman and may, from time to time, change such designation. Each supervisor shall be appointed for a term of three years except that of those supervisors who are first appointed, two shall be designated to serve for one year, two for two years and the remaining number for three years: provided, that in existing districts such appointments for one, two and three year terms will be made at the expiration of the terms of the present supervisors and thereafter appointments will be made for the regular three-year term. A supervisor shall hold office until his successor has been appointed and has qualified. Vacancies for an unexpired term shall be filled by appointment. A majority of the supervisors shall constitute a quorum, and the concurrence of a majority in any matter within their duties shall be required for its determination. A supervisor shall receive no compensation for his services, but he shall be entitled to expenses, including traveling expenses, necessarily incurred in the discharge of his duties. The supervisors may utilize the services of the county agricultural agents and the facilities of the county agricultural agents' offices insofar as practicable and feasible and may, subject to the approval of the state committee, employ such additional employees and agents, permanent and temporary, as they may require and determine their qualifications, duties and compensation. The supervisors may delegate to their chairman, to one or more supervisors or to one or more agents or employees such powers and duties as they may deem proper. The supervisors shall furnish to the State Soil and Water Conservation Committee, upon request, copies of such ordinances, rules, regulations, orders, contracts, forms and other documents as they shall adopt or employ and such other information concerning their activities as it may require in the performance of its duties under this article. The supervisors shall provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds or property, shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations and orders issued or adopted and shall provide for an annual audit of the accounts of receipts and disbursements. Any supervisor may be removed by the State Soil and Water Conservation Committee upon notice and hearing for neglect of duty or malfeasance in office, but for no other reason. The supervisors may invite the legislative body of any municipality or county located near the territory comprised within the district to designate a representative to advise and consult with the supervisors of the district on all questions of programs and policy which may affect the property, water supply or other interests of such municipality or county. (Acts 1939, No. 147, p. 202, §6; Code 1940, T. 2, §662; Acts 1953, No. 874, p. 1173, §2.)
https://law.justia.com/codes/alabama/title-9/chapter-8/article-2/section-9-8-25/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8 - Soil and Water Conservation Generally.›Article 2 - Soil and Water Conservation Districts.›Section 9-8-25 - Powers and Duties of Districts; Performance of Work on Private Lands; Acquisition,...
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 2 - Soil and Water Conservation Districts. › 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.
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 necessary rights or interests in such lands. (2) To conduct surveys, investigations, and research relating to the character of soil erosion and the preventive and control measures needed, to publish the results of such surveys, investigations, or research, and to disseminate information concerning such preventive and control measures; provided, however, that in order to avoid duplication of research activities, no district shall initiate any research program except in cooperation with the Alabama Agricultural Experiment Station or with the approval of the Director of the Alabama Agricultural Experiment Station. (3) To conduct demonstrational projects within the district on lands owned or controlled by this state or any of its agencies with the 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 necessary rights or interests in such lands in order to demonstrate by example the means, methods, and measures by which soil and soil resources may be conserved and soil erosion, in the form of soil blowing and soil washing may be prevented and controlled. (4) To cooperate or enter into agreement with and, within the limits of appropriations duly made available to it by law, to furnish financial or other aid to any agency, governmental or otherwise, or any owner or occupier of lands within the district in the carrying on of erosion control and prevention operations within the district, subject to such conditions as the supervisors may deem necessary to advance the purposes of this article. (5) To obtain options upon and to acquire by purchase, exchange, lease, gift, grant, bequest, devise, or otherwise, any property, real or personal, or rights or interests therein; to maintain, administer, and improve any properties acquired, to receive income from such properties, and to expend such income in carrying out the purposes and provisions of this article; and to sell, lease, or otherwise dispose of any of its property or interests therein in furtherance of the purposes and of this article. (6) To make available on such terms as it shall prescribe to landowners within the district agricultural and engineering machinery and equipment, fertilizer, seeds and seedlings, and such other material or equipment as will assist such landowners to carry on operations upon their lands for the conservation of soil resources and for the prevention and control of soil erosion. Districts, district supervisors, and district employees shall be immune from civil liability in any action related to use of equipment loaned or rented by the district for natural resource protection, as long as the equipment is maintained in proper working condition, the transaction is in good faith, and damage or injury was not caused by unreasonable behavior of the supervisor or employee. (7) To construct, improve, and maintain such structures as may be necessary or convenient for the performance of any of the operations authorized in this article including, but not limited to, plants and equipment appropriate for the processing of materials necessary for conditioning the land. (8) To develop comprehensive plans for the conservation of soil resources and for the control and prevention of soil erosion within the district, which plans shall specify in such detail as may be possible, the acts, procedures, performances, and avoidances which are necessary or desirable for the effectuation of such plans, including the specification of engineering operations, methods of cultivation, the growing of vegetation, cropping programs, tillage practices, and changes in use of land and to publish such plans and information and bring them to the attention of owners and occupiers of lands within the district. (9) To take over by purchase, lease, or otherwise and to administer any soil conservation, erosion control, or erosion prevention project located within its boundaries undertaken by the United States or any of its agencies or by this state or any of its agencies. (10) To manage as agent of the United States or any of its agencies or of this state or any of its agencies any soil conservation, erosion control, or erosion prevention project within its boundaries. (11) To act as agent for the United States or any of its agencies or for this state or any of its agencies in connection with the acquisition, construction, operation, or administration of any soil conservation, erosion control, or erosion prevention project within its boundaries. (12) To accept donations, gifts, and contributions in money, services, materials, or otherwise from the United States or any of its agencies or from this state or any of its agencies and to use or expend such moneys, services, materials, or other contributions in carrying on its operations. (13) To sue and be sued in the name of the district. (14) To have a seal, which seal shall be judicially noticed. (15) To have perpetual succession unless terminated as provided in this article. (16) To make and execute contracts and other instruments necessary or convenient to the exercise of its powers and to adopt and, from time to time, amend, and repeal rules not inconsistent with this article to carry into effect its purposes and powers. (b) As a condition of the extending of any benefits under this article to or the performance of work upon any lands not owned or controlled by this state or any of its agencies, the supervisors may require contributions in money, services, materials, or otherwise to any operations conferring such benefits and may require landowners to enter into and perform such agreements or covenants as to the permanent use of such lands as will tend to prevent or control erosion thereon. (c) No provisions with respect to the acquisition, operation, or disposition of property by other public bodies shall be applicable to a district organized under this article unless the Legislature shall specifically so state. (d) The property and property rights of every kind and nature acquired by any district organized under the provisions of this article shall be exempt from state, county and other taxation. (Acts 1939, No. 147, p. 202, §7; Code 1940, T. 2, §663; Acts 1967, No. 740, p. 1581, §2; Act 2019-227, §1.)
https://law.justia.com/codes/alabama/title-9/chapter-8/article-2/section-9-8-26/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8 - Soil and Water Conservation Generally.›Article 2 - Soil and Water Conservation Districts.›Section 9-8-26 - Land-Use Regulations - Procedure for Adoption; Amendment, Repeal, etc.; Contents; P...
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 2 - Soil and Water Conservation Districts. › Section 9-8-26 - Land-Use Regulations - Procedure for Adoption; Amendment, Repeal, etc.; Contents; Publication, Etc.
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. Copies of such proposed ordinance shall be available for the inspection of all eligible voters during the period between publication of such notice and the date of the referendum. The notices of the referendum shall recite the contents of such proposed ordinance or shall state where copies of such proposed ordinance may be examined. The question shall be submitted by ballots upon which the words "For approval of proposed ordinance No ____, prescribing land-use regulations for conservation of soil and prevention of erosion" and "Against approval of proposed ordinance No ____, prescribing land-use regulations for conservation of soil and prevention of erosion" shall be printed, with a square before each proposition and a direction to insert an X mark in the square before one or the other of said propositions as the voter may favor or oppose approval of such proposed ordinance. The supervisors shall supervise such referendum, shall prescribe appropriate regulations governing the conduct thereof, shall take charge of all ballots and count them and shall publish the result thereof. All owners of lands within the district shall be eligible to vote in such referendum. Only such landowners shall be eligible to vote. No informalities in the conduct of such referendum or in any matters relating thereto shall invalidate said referendum or the result thereof if notice thereof shall have been given substantially as provided in this section and said referendum shall have been fairly conducted. The qualifications of voters shall be determined in the same manner as set forth in subsection (c) of Section 9-8-23. The supervisors shall not have authority to enact such proposed ordinance into law unless at least four fifths of the votes cast in such referendum shall have been cast for approval of the said proposed ordinance. The approval of the proposed ordinance by four fifths of the votes cast in such referendum shall not be deemed to require the supervisors to enact such proposed ordinance into law. Land-use regulations prescribed in ordinances adopted pursuant to the provisions of this section by the supervisors of any district shall have the force and effect of law in the said district and shall be binding and obligatory upon all owners of lands within such district. Any owner of land within such district may at any time file a petition with the supervisors asking that any or all of the land-use regulations prescribed in any ordinance adopted by the supervisors under the provisions of this section shall be amended, supplemented or repealed. Land-use regulations prescribed in any ordinance adopted pursuant to the provisions of this section shall not be amended, supplemented or repealed except in accordance with the procedure prescribed in this section for adoption of land-use regulations. Referenda on adoption, amendment, supplementation or repeal of land-use regulations shall not be held more often than once in 12 months. (b) The regulations to be adopted by the supervisors under the provisions of this section may include: (1) Provisions requiring the carrying out of necessary engineering operations including, but not limited to, the construction of terraces, terrace outlets, check dams, dikes, ponds, ditches and other necessary structures; (2) Provisions requiring observance of particular methods of cultivation including, but not limited to, contour cultivating, contour furrowing, lister furrowing, sowing, planting, strip cropping, seeding and planting of lands to water-conserving and erosion-preventing plants, trees and grasses, forestation and reforestation and prevention, and control of fire in woodlands; (3) Specifications of cropping programs and tillage practices to be observed; (4) Provisions requiring the retirement from cultivation of highly erodible areas or of areas on which erosion may not be adequately controlled if cultivation is carried on; and (5) Provisions for such other means, measures, operations and programs as may assist conservation of soil resources and prevent or control soil erosion in the district, having due regard to the legislative findings set forth in Section 9-8-21. The regulations shall be uniform throughout the territory comprised within the district except that the supervisors may classify the lands within the district with reference to such factors as soil type, degree of slope, degree of erosion threatened or existing cropping and tillage practices in use and other relevant factors and may provide regulations varying with the type or class of land affected, but uniform as to all lands within each class or type. (c) Copies of land-use regulations adopted under the provisions of this section shall be printed and made available to all occupiers and owners of lands lying within the district. (Acts 1939, No. 147, p. 202, §8; Code 1940, T. 2, §664.)
https://law.justia.com/codes/alabama/title-9/chapter-8/article-2/section-9-8-27/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8 - Soil and Water Conservation Generally.›Article 2 - Soil and Water Conservation Districts.›Section 9-8-27 - Land-Use Regulations - Access to Lands for Investigation as to Observance; Damage R...
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 2 - Soil and Water Conservation Districts. › Section 9-8-27 - Land-Use Regulations - Access to Lands for Investigation as to Observance; Damage Remedy for Violations.
Section 9-8-27 Land-use regulations - Access to lands for investigation as to observance; damage remedy for violations. The supervisors shall have authority to go upon any lands within the district to determine whether land-use regulations adopted under the provisions of Section 9-8-26 are being observed. The supervisors are further authorized to provide by ordinance that any landowner who shall sustain damages from any violation of such regulations by any other landowner may recover damages at law from such other landowner for such violation. (Acts 1939, No. 147, p. 202, § 9; Code 1940, T. 2, §665.)
https://law.justia.com/codes/alabama/title-9/chapter-8/article-2/section-9-8-28/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8 - Soil and Water Conservation Generally.›Article 2 - Soil and Water Conservation Districts.›Section 9-8-28 - Land-Use Regulations - Enforcement.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 2 - Soil and Water Conservation Districts. › Section 9-8-28 - Land-Use Regulations - Enforcement.
Section 9-8-28 Land-use regulations - Enforcement. Where the supervisors of any district shall find that any of the provisions of land-use regulations prescribed in an ordinance adopted in accordance with the provisions of Section 9-8-26 are not being observed on particular lands and that such nonobservance tends to increase erosion on such lands and is interfering with the prevention or control of erosion on other lands within the district, the supervisors may present to the circuit court of the county in which the land of the defendant may lie, a complaint, duly verified, setting forth the adoption of the ordinance prescribing land-use regulations, the failure of the defendant landowner to observe such regulations and to perform particular work, operations or avoidances as required thereby and that such nonobservance tends to increase erosion on such lands and is interfering with the prevention or control of erosion on other lands within the district and requesting the court to require the defendant to perform the work, operations or avoidances within a reasonable time and to order that, if the defendant shall fail so to perform, the supervisors may go on the land, and perform the work or other operations or otherwise bring the condition of such lands into conformity with the requirements of such regulations and recover the costs and expenses thereof, with interest, from the owner of such land. Upon the presentation of such complaint, the court shall cause process to be issued against the defendant and shall hear the case. If it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and to report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may dismiss the complaint or it may require the defendant to perform the work, operation or avoidances and may provide that, upon the failure of the defendant to initiate such performance within the time specified in the order of the court and to prosecute the same to completion with reasonable diligence, the supervisors or their agents may enter upon the lands involved and perform the work or operations or otherwise bring the condition of such lands into conformity with the requirements of the regulations and recover the costs and expenses thereof, with interest at the rate of five percent per annum, from the owner of such lands. The court shall retain jurisdiction of the case until after the work has been completed. Upon completion of such work pursuant to such order of the court, the supervisors may file a motion with the court, a copy of which shall be served upon the defendant in the case, stating the costs and expenses sustained by them in the performance of the work and praying judgment therefor with interest. The court shall have jurisdiction to enter judgment for the amount of such costs and expenses, with interest at the rate of five percent per annum until paid, together with the costs of the action, including a reasonable attorney's fee to be fixed by the court. (Acts 1939, No. 147, p. 202, §10; Code 1940, T. 2, §666.)
https://law.justia.com/codes/alabama/title-9/chapter-8/article-2/section-9-8-29/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8 - Soil and Water Conservation Generally.›Article 2 - Soil and Water Conservation Districts.›Section 9-8-29 - Cooperation Between Districts.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 2 - Soil and Water Conservation Districts. › Section 9-8-29 - Cooperation Between Districts.
Section 9-8-29 Cooperation between districts. The supervisors of any two or more districts organized under the provisions of this article may cooperate with one another in the exercise of any or all powers conferred in this article. (Acts 1939, No. 147, p. 202, §11; Code 1940, T. 2, §667.)
https://law.justia.com/codes/alabama/title-9/chapter-8/article-2/section-9-8-30/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8 - Soil and Water Conservation Generally.›Article 2 - Soil and Water Conservation Districts.›Section 9-8-30 - Cooperation, etc., of State Agencies, Etc.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 2 - Soil and Water Conservation Districts. › Section 9-8-30 - Cooperation, etc., of State Agencies, Etc.
Section 9-8-30 Cooperation, etc., of state agencies, etc. Agencies of this state which shall have jurisdiction over or be charged with the administration of any state-owned lands and of any county or other governmental subdivision of the state which shall have jurisdiction over or be charged with the administration of any county-owned or other publicly owned lands lying within the boundaries of any district organized under this article shall cooperate to the fullest extent with the supervisors of such districts in the effectuation of programs and operations undertaken by the supervisors under the provisions of this article. The supervisors of such districts shall be given free access to enter and perform work upon such publicly owned lands. The provisions of land-use regulations adopted pursuant to Section 9-8-26 shall have the force and effect of law over all such publicly owned lands and shall be in all respects observed by the agencies administering such lands. (Acts 1939, No. 147, p. 202, §12; Code 1940, T. 2, §668.)
https://law.justia.com/codes/alabama/title-9/chapter-8/article-2/section-9-8-31/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8 - Soil and Water Conservation Generally.›Article 2 - Soil and Water Conservation Districts.›Section 9-8-31 - Discontinuance.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 2 - Soil and Water Conservation Districts. › Section 9-8-31 - Discontinuance.
Section 9-8-31 Discontinuance. (a) At any time after three years after the organization of a district under the provisions of this article, any 25 owners of land lying within the boundaries of such district may file a petition with the State Soil and Water Conservation Committee praying that the operations of the district be terminated and the existence of the district discontinued. The committee may conduct such public meetings and public hearings upon such petition as may be necessary to assist it in consideration thereof. Within 60 days after such a petition has been received by the committee, it shall give due notice of the holding of a referendum and shall supervise such referendum and issue appropriate regulations governing the conduct thereof, the question to be submitted by ballots upon which the words "For terminating the existence of the _____ (name of the soil conservation district to be here inserted)" and "Against terminating the existence of the _____ (name of the soil conservation district to be here inserted)" shall be printed, with a square before each proposition and a direction to insert an X mark in the square before one or the other of said propositions as the voter may favor or oppose discontinuance of such district. All owners of lands lying within the boundaries of the district shall be eligible to vote in such referendum. Only such landowners shall be eligible to vote. No informalities in the conduct of such referendum or in any matters relating thereto shall invalidate said referendum or the result thereof if notice thereof shall have been given substantially as provided in this section and said referendum shall have been fairly conducted. The committee shall publish the result of such referendum and shall thereafter consider and determine whether the continued operation of the district within the defined boundaries is administratively practicable and feasible. (b) If the committee shall determine that the continued operation of such district is administratively practicable and feasible, it shall record such determination and deny the petition. If the committee shall determine that the continued operation of such district is not administratively practicable and feasible, it shall record such determination and shall certify such determination to the supervisors of the district. In making such determination, the committee shall give due regard and weight to the attitudes of the owners of lands lying within the district, the number of landowners eligible to vote in such referendum who shall have voted, the proportion of the votes cast in such referendum in favor of the discontinuance of the district to the total number of votes cast, the approximate wealth and income of the land occupiers of the district, the probable expense of carrying on erosion control operations within such district and such other economic and social factors as may be relevant to such determination, having due regard to the legislative findings set forth in Section 9-8-21; provided, however, that the committee shall not have authority to determine that the continued operation of the district is administratively practicable and feasible unless at least a majority of the votes cast in the referendum shall have been cast in favor of the continuance of such district. (c) Upon receipt from the State Soil and Water Conservation Committee of a certification that the committee has determined that the continued operation of the district is not administratively practicable and feasible pursuant to the provisions of this section, the supervisors shall forthwith proceed to terminate the affairs of the district. The supervisors shall dispose of all property belonging to the district at public auction and shall pay over the proceeds of such sale to be covered into the Treasury. The supervisors shall thereupon file an application, duly verified, with the Secretary of State for the discontinuance of such district and shall transmit with such application the certificate of the State Soil and Water Conservation Committee setting forth the determination of the committee that the continued operation of such district is not administratively practicable and feasible. The application shall recite that the property of the district has been disposed of and the proceeds paid over as in this section provided and shall set forth a full accounting of such properties and proceeds of the sale. The Secretary of State shall issue to the supervisors a certificate of dissolution and shall record such certificate in an appropriate book of record in his office. (d) Upon issuance of a certificate of dissolution under the provisions of this section, all ordinances and regulations theretofore adopted and in force within such districts shall be of no further force and effect. All contracts theretofore entered into, to which the district or supervisors are parties, shall remain in force and effect for the period provided in such contracts. The State Soil and Water Conservation Committee shall be substituted for the district or supervisors as party to such contracts. The committee shall be entitled to all benefits and subject to all liabilities under such contracts and shall have the same right and liability to perform, to require performance, to sue and be sued thereon and to modify or terminate such contracts by mutual consent or otherwise as the supervisors of the district would have had. Such dissolution shall not affect the lien of any judgment entered under the provisions of Section 9-8-28 nor the pendency of any action instituted under the provisions of such section, and the committee shall succeed to all the rights and obligations of the district or supervisors as to such liens and actions. The State Soil and Water Conservation Committee shall not entertain petitions for the discontinuance of any district nor conduct referenda upon such petitions nor make determinations pursuant to such petitions in accordance with the provisions of this article more often than once in three years. (Acts 1939, No. 147, p. 202, §13; Code 1940, T. 2, §669.)
https://law.justia.com/codes/alabama/title-9/chapter-8/article-2/section-9-8-32/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8 - Soil and Water Conservation Generally.›Article 2 - Soil and Water Conservation Districts.›Section 9-8-32 - Payment of Expenses.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 2 - Soil and Water Conservation Districts. › Section 9-8-32 - Payment of Expenses.
Section 9-8-32 Payment of expenses. To meet the administrative and other expenses of the State Soil and Water Conservation Committee and the soil and water conservation districts which may be organized under the provisions of this article, the Comptroller is hereby authorized and directed to draw his warrant on the Treasurer, as provided by law, upon the order of the Chairman of the State Soil and Water Conservation Committee, at such times and in such amounts, not exceeding the appropriation therefor, as may be needed. (Acts 1939, No. 147, p. 202, §14; Code 1940, T. 2, §670.)
https://law.justia.com/codes/alabama/title-9/chapter-8/article-3/section-9-8-50/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8 - Soil and Water Conservation Generally.›Article 3 - Watershed Conservancy Districts.›Section 9-8-50 - Definitions.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 3 - Watershed Conservancy Districts. › Section 9-8-50 - Definitions.
Section 9-8-50 Definitions. For the purpose of this article, the following words and phrases shall have the meanings indicated unless the context clearly indicates a different meaning: (1) WATERSHED CONSERVANCY DISTRICT or WATERSHED DISTRICT. A subdistrict of a soil and water conservation district which constitutes a governmental subdivision of this state and a public body, corporate and politic, organized in accordance with the provisions of this article for the purposes, with the powers and subject to the restrictions set forth in this article. (2) DIRECTOR. One of the members of the governing body of a watershed conservancy district. (3) BOARD OF DIRECTORS. The governing body of a watershed conservancy district. (4) SUPERVISOR. A supervisor of a soil and water conservation district in which a watershed conservancy district is situated. (5) BOARD OF SUPERVISORS. The governing body of the soil and water conservation district in which a watershed conservancy district is situated or, if the watershed conservancy district is situated in more than one soil and water conservation district, the joint governing bodies of such districts. (6) LANDOWNER or OWNER OF LAND. Any person, firm or corporation who shall hold legal or equitable title to any land lying within a watershed conservancy district organized or proposed to be organized under this article. (7) DUE NOTICE. Notice published at least twice, with an interval of at least seven days between the two publication dates, in a newspaper or other publication of general circulation within the appropriate area or, if no such publication of general circulation is available, by posting notice in at least three public places in each county lying in whole or in part within the designated area. At any hearing held pursuant to such notice, at the time and place designated in such notice, adjournment may be made from time to time without the necessity of renewing such notice for such adjourned dates. (Acts 1957, No. 517, p. 705, §1; Acts 1969, No. 421, p. 822, §1.)
https://law.justia.com/codes/alabama/title-9/chapter-8/article-3/section-9-8-51/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8 - Soil and Water Conservation Generally.›Article 3 - Watershed Conservancy Districts.›Section 9-8-51 - Creation Authorized.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 3 - Watershed Conservancy Districts. › Section 9-8-51 - Creation Authorized.
Section 9-8-51 Creation authorized. Subdistricts of a soil and water conservation district, as defined by the laws of this state, may be formed in any watershed area in such soil and water conservation district for the purpose of developing and executing plans and programs relating to any phase of conservation of water, water usage, flood prevention, flood control, erosion prevention and control of erosion, floodwater and sediment damages. Such subdistricts shall be known as watershed conservancy districts. (Acts 1957, No. 517, p. 705, §1; Acts 1969, No. 421, p. 822, §1.)
https://law.justia.com/codes/alabama/title-9/chapter-8/article-3/section-9-8-52/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8 - Soil and Water Conservation Generally.›Article 3 - Watershed Conservancy Districts.›Section 9-8-52 - Lands Which May Be Embraced in Districts.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 3 - Watershed Conservancy Districts. › Section 9-8-52 - Lands Which May Be Embraced in Districts.
Section 9-8-52 Lands which may be embraced in districts. The land area embraced in any watershed conservancy district must be contiguous and must lie within a well-defined watershed. The area shall not include lands not included within a soil and water conservation district or lands embraced within another watershed conservancy district. Such districts may embrace lands lying in one or more soil and water conservation districts. (Acts 1957, No. 517, p. 705, §2.)
https://law.justia.com/codes/alabama/title-9/chapter-8/article-3/section-9-8-53/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8 - Soil and Water Conservation Generally.›Article 3 - Watershed Conservancy Districts.›Section 9-8-53 - Petition for Formation of District - Generally.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 3 - Watershed Conservancy Districts. › Section 9-8-53 - Petition for Formation of District - Generally.
Section 9-8-53 Petition for formation of district - Generally. When 25 or more landowners within a proposed watershed conservancy district or, if less than 50 landowners are involved, a majority of the landowners in such proposed district desire to form a watershed conservancy district, they shall file a petition with the board of supervisors of the soil and water conservation district. Such petition shall define the boundaries of the proposed watershed conservancy district, the number of acres of land involved, reasons for requesting creation of such district, the proposed name for such watershed conservancy district and other information pertinent to such proposal. (Acts 1957, No. 517, p. 705, §3.)
https://law.justia.com/codes/alabama/title-9/chapter-8/article-3/section-9-8-54/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8 - Soil and Water Conservation Generally.›Article 3 - Watershed Conservancy Districts.›Section 9-8-54 - Petition for Formation of District - Where Proposed District Lies in More Than One...
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 3 - Watershed Conservancy Districts. › Section 9-8-54 - Petition for Formation of District - Where Proposed District Lies in More Than One Soil and Water Conservation District.
Section 9-8-54 Petition for formation of district - Where proposed district lies in more than one soil and water conservation district. If the proposed watershed conservancy district lies in more than one soil and water conservation district, the petition may be presented to the board of supervisors of any one of such soil and water conservation districts, and the supervisors of all such districts shall act as a joint board of supervisors in the formation and supervision of such a watershed conservancy district. (Acts 1957, No. 517, p. 705, §4.)
https://law.justia.com/codes/alabama/title-9/chapter-8/article-3/section-9-8-55/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8 - Soil and Water Conservation Generally.›Article 3 - Watershed Conservancy Districts.›Section 9-8-55 - Hearing Upon Petition; Denial or Approval of Petition.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 3 - Watershed Conservancy Districts. › Section 9-8-55 - Hearing Upon Petition; Denial or Approval of Petition.
Section 9-8-55 Hearing upon petition; denial or approval of petition. (a) Within 30 days after such petition has been filed with the board of supervisors, it shall cause due notice to be given of a proposed hearing upon the practicability and feasibility of creating such water conservancy district. All interested parties shall have the right to attend such hearing and be heard. If it shall appear at the hearing that other lands should be included or that lands included in the petition should be excluded, the board of supervisors may permit such inclusion or exclusion, provided the land area involved still meets the requirements of Section 9-8-52. (b) If it appears upon the hearing that it may be desirable to include within the proposed district territory outside of the area within which due notice of the hearing has been given, the hearing shall be adjourned and due notice of a further hearing shall be given throughout the entire area considered for inclusion in the district and a further hearing shall be held. After final hearing, if the board of supervisors determines upon the facts presented at the hearing and upon other available information that there is need in the interest of the public health, safety and welfare for such a district to function in the territory considered, it shall make and record the determination and shall define, by metes and bounds or by other satisfactory description, the boundaries of the district. (c) If the board determines after the hearing that it is not feasible for such district to function in the territory considered, it shall make and record the determination and shall deny the petition. (Acts 1957, No. 517, p. 705, §5.)
https://law.justia.com/codes/alabama/title-9/chapter-8/article-3/section-9-8-56/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8 - Soil and Water Conservation Generally.›Article 3 - Watershed Conservancy Districts.›Section 9-8-56 - Referendum Upon Creation of District - Notice of Referendum; Appointment of Polling...
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 3 - Watershed Conservancy Districts. › Section 9-8-56 - Referendum Upon Creation of District - Notice of Referendum; Appointment of Polling Superintendent, Etc.
Section 9-8-56 Referendum upon creation of district - Notice of referendum; appointment of polling superintendent, etc. After the board of supervisors has made and recorded a determination that there is need in the interest of the public health, safety and welfare for creation of the proposed watershed conservancy district, it shall consider the question whether the operation of a district within the proposed boundaries with the powers conferred upon such districts in Section 9-8-61 is administratively practicable and feasible. To assist the board of supervisors in this determination the board shall, within a reasonable time after entry of the finding that there is need for the organization of the district and the determination of the boundaries of the district, hold a referendum within the proposed district upon the proposition of the creation of the district and to cause due notice of such referendum to be given. Such notice shall state the date of holding the referendum, the hours of opening and closing the polls and shall designate one or more places within the proposed district as polling places. The board shall appoint a polling superintendent and other necessary polling officers giving equal representation to the proponents and opponents of the question involved. (Acts 1957, No. 517, p. 705, §6.)
https://law.justia.com/codes/alabama/title-9/chapter-8/article-3/section-9-8-57/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8 - Soil and Water Conservation Generally.›Article 3 - Watershed Conservancy Districts.›Section 9-8-57 - Referendum Upon Creation of District - Contents of Ballot; Qualifications of Voters...
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 3 - Watershed Conservancy Districts. › Section 9-8-57 - Referendum Upon Creation of District - Contents of Ballot; Qualifications of Voters; Voting Procedure.
Section 9-8-57 Referendum upon creation of district - Contents of ballot; qualifications of voters; voting procedure. The question to be voted on shall be submitted by ballots upon which appear the words: "For creation of _____ Watershed Conservancy District" "Against creation of _____ Watershed Conservancy District" A square shall follow each proposition. The ballot shall also contain a direction to insert an "X" mark in the square following one or the other of the propositions as the voter may favor or oppose creation of the district. The ballot shall set forth the boundaries of the proposed district as determined by the board of supervisors. Only owners of lands lying within the boundaries of the territory, as determined by the board, shall be eligible to vote in the referendum. Qualified voters may vote by absentee ballot in such referendum under rules and regulations prescribed by the board of supervisors. (Acts 1957, No. 517, p. 705, §7.)
https://law.justia.com/codes/alabama/title-9/chapter-8/article-3/section-9-8-58/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8 - Soil and Water Conservation Generally.›Article 3 - Watershed Conservancy Districts.›Section 9-8-58 - Referendum Upon Creation of District - Counting, etc., of Votes; Certification, Rec...
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 3 - Watershed Conservancy Districts. › Section 9-8-58 - Referendum Upon Creation of District - Counting, etc., of Votes; Certification, Recordation and Filing of Results.
Section 9-8-58 Referendum upon creation of district - Counting, etc., of votes; certification, recordation and filing of results. The votes shall be counted by the election officers at the close of the polls, and report of the results, along with the ballots, shall be delivered to the polling superintendent, who shall certify the results to the board of supervisors. If a majority of the votes cast favor creation of the district, the board of supervisors shall certify such results to the judge of probate of the county or counties involved. Upon proper recording of such action, such watershed conservancy district shall be duly created. After recording, the certification shall be filed with the State Soil and Water Conservation Committee. (Acts 1957, No. 517, p. 705, §8.)
https://law.justia.com/codes/alabama/title-9/chapter-8/article-3/section-9-8-59/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8 - Soil and Water Conservation Generally.›Article 3 - Watershed Conservancy Districts.›Section 9-8-59 - Board of Directors - Composition; Qualifications, Election and Terms of Office of M...
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 3 - Watershed Conservancy Districts. › Section 9-8-59 - Board of Directors - Composition; Qualifications, Election and Terms of Office of Members; Vacancies; Officers; Quorum; Prior Elections, etc., Ratified, Etc.
Section 9-8-59 Board of directors - Composition; qualifications, election and terms of office of members; vacancies; officers; quorum; prior elections, etc., ratified, etc. (a) Within 30 days after a watershed conservancy district is created under the provisions of this article, the board of supervisors shall cause an election, after due notice has been given, to be held therein for the election of a board of directors of such watershed conservancy district. All owners of lands lying within the district shall be eligible to vote in such election, and only such landowners shall be eligible to vote. The board of directors shall be composed of five members, whose terms of office shall be four years. A director shall hold office until his successor has been elected and has qualified. Such board of directors shall, under the supervision of the board of supervisors, be the governing body of the watershed conservancy district. Successors to the first elected directors shall likewise be elected for terms of four years at an election conducted, after due notice has been given, by the supervisors at least one month prior to the expiration of the term of office of the incumbent directors. Vacancies occurring before the expiration of a term shall be filled for the remainder of the unexpired term by appointment by the remaining members of the board of directors, with the approval of the board of supervisors. (b) If the territory embraced within a watershed conservancy district lies within more than one soil and water conservation district, each of said additional districts with a minority of the land involved in the watershed district shall be entitled to elect three additional directors. (c) The board of directors shall annually elect from its membership a chairman, secretary and treasurer. The treasurer shall execute an official bond for the faithful performance of the duties of his office to be approved by the board of directors, except that no bond shall be required until such time as the district possesses funds. Such bond shall be executed with at least three solvent personal sureties whose solvency must exceed the amount of the bond or by a surety company authorized to do business in this state and shall be in an amount determined by the board of directors. If the treasurer is required to execute a surety company bond, the premium on the bond shall be paid by the board of directors. A majority of the board of directors shall constitute a quorum, and the concurrence of a majority in any matter within their authority shall be required for its determination. (d) Each person desiring to be a director of a watershed conservancy district shall file not later than five days prior to the date set for an election a nominating petition with the board of supervisors, signed by 25 or more landowners within the watershed conservancy district of the county involved or, if less than 50 landowners are involved, a majority of such landowners. If the candidates nominated do not exceed the positions available, they shall be declared elected by the board of supervisors, and the board of supervisors shall publish the results of such election. No person shall be eligible to be a director of a watershed conservancy district unless he is a landowner in the district in which he seeks election. (e) All elections or appointments of directors of watershed conservancy district heretofore made are hereby ratified, affirmed and validated, and the actions taken by any directors as members of their respective boards and within the scope of their authority are hereby ratified, affirmed and validated. (Acts 1957, No. 517, p. 705, §9; Acts 1969, No. 421, p. 822, §1.)
https://law.justia.com/codes/alabama/title-9/chapter-8/article-3/section-9-8-60/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8 - Soil and Water Conservation Generally.›Article 3 - Watershed Conservancy Districts.›Section 9-8-60 - Board of Directors - Compensation.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 3 - Watershed Conservancy Districts. › Section 9-8-60 - Board of Directors - Compensation.
Section 9-8-60 Board of directors - Compensation. Members of the board of directors shall receive no salaries but may be reimbursed for actual and necessary expenditures incurred in the performance of their duties, upon approval by the board of supervisors. (Acts 1957, No. 517, p. 705, §12.)
https://law.justia.com/codes/alabama/title-9/chapter-8/article-3/section-9-8-61/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8 - Soil and Water Conservation Generally.›Article 3 - Watershed Conservancy Districts.›Section 9-8-61 - Board of Directors - Powers and Duties Generally.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 3 - Watershed Conservancy Districts. › Section 9-8-61 - Board of Directors - Powers and Duties Generally.
Section 9-8-61 Board of directors - Powers and duties generally. Subject to the approval of the board of supervisors, the board of directors of a watershed conservancy district shall have power to: (1) Acquire, by purchase, gift, grant, bequest or devise, or through condemnation proceedings held in the manner provided by Chapter 1 of Title 18 of this code, such lands or rights-of-way as are necessary for the exercise of any authorized function of the district; (2) Construct, improve, operate and maintain such structures as may be necessary for the exercise of any authorized function of the district; (3) Borrow such money as is necessary for the purpose of acquiring rights-of-way and establishing, constructing, reconstructing, repairing, enlarging and maintaining such structures and improvements as are required by the district in the performance of its functions, and issue, negotiate and sell its bonds as provided in Section 9-8-62; provided, that all contracts made and all bonds issued by a watershed conservancy district under the provisions of this article shall be solely and exclusively obligations of the district and shall not be an obligation or debt of the State of Alabama or any county or municipality therein; (4) Sell, lease or otherwise dispose of any of its property or interests therein in furtherance of the purposes provided for by this article; (5) Make and execute contracts and other instruments necessary and convenient to the exercise of its powers; (6) Sue and be sued in the name of the district; (7) Cooperate with or act as agent for the United States or any of its agencies or the State of Alabama or any of its agencies or any county or municipality in connection with the acquisition, construction, operation or administration of any project within the boundaries of the district; (8) Accept donations, gifts and contributions in money, services, materials or otherwise from the United States or its agencies or from the State of Alabama or its agencies or from any county or municipality or from any individual and use or expend such moneys, services, materials or other such contributions in carrying out the provisions of this article; and (9) Subject to the approval of the board of supervisors of the soil and water conservation district, employ such employees as the board may determine and fix their compensation, qualifications and duties and delegate to the chairman of the board or any member or employee of the board such powers and duties as it may deem proper. (Acts 1957, No. 517, p. 705, §10.)
https://law.justia.com/codes/alabama/title-9/chapter-8/article-3/section-9-8-62/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8 - Soil and Water Conservation Generally.›Article 3 - Watershed Conservancy Districts.›Section 9-8-62 - Issuance of Bonds.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 3 - Watershed Conservancy Districts. › Section 9-8-62 - Issuance of Bonds.
Section 9-8-62 Issuance of bonds. (a) Bonds authorized by Section 9-8-61 shall not be issued until proposed by order or resolution of the board of directors specifying the purpose for which the funds are to be used and the proposed undertaking, the amount of bonds to be issued and the rate of interest they are to bear. A copy of the order or resolution shall be certified to the board of supervisors. (b) The board of supervisors shall conduct a hearing on such proposal after giving due notice of such hearing. If it appears that the proposal is within the scope and purpose of this article and meets all other requirements of the law, the proposal shall be submitted to the landowners of the watershed conservancy district by referendum under supervision of the board of supervisors. (c) The provisions of Sections 9-8-56 through 9-8-58 as to notice, qualifications of voters, absentee voting and manner of holding referendum elections in organizing a watershed conservancy district shall apply to the referendum held under this section. If two thirds of the landowners voting favor the proposal, such bonds may be issued. (Acts 1957, No. 517, p. 705, §11.)
https://law.justia.com/codes/alabama/title-9/chapter-8/article-3/section-9-8-63/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8 - Soil and Water Conservation Generally.›Article 3 - Watershed Conservancy Districts.›Section 9-8-63 - Addition of Lands to Districts.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 3 - Watershed Conservancy Districts. › Section 9-8-63 - Addition of Lands to Districts.
Section 9-8-63 Addition of lands to districts. (a) Any one or more owners of land may petition the board of supervisors to have their lands added to a watershed conservancy district. Such petition shall define the boundaries of the land desired to be annexed, the number of acres of land involved and other information pertinent to such proposal. When the boundary described embraces lands of others than the petitioners, the petition shall so state and shall be signed by 25 or more of the landowners in the territory described if 50 or more such owners are involved, or by a majority if less than 50 landowners are involved. (b) Within 30 days after such petition is filed, the board shall cause due notice to be given of a hearing on such petition. All interested parties shall have a right to attend such hearing and be heard. The board shall determine whether the lands described in the petition or any portion thereof shall be included in the district. If all the landowners in the territory involved are not petitioners, a referendum shall be held within such territory as provided in Sections 9-8-56 through 9-8-58 before making a final determination. If it is determined that such land should be added, this fact shall be certified by the board of supervisors to the judge of probate of the county or counties involved. After recording, the certification shall be filed with the State Soil and Water Conservation Committee. (Acts 1957, No. 517, p. 705, §13.)
https://law.justia.com/codes/alabama/title-9/chapter-8/article-3/section-9-8-64/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8 - Soil and Water Conservation Generally.›Article 3 - Watershed Conservancy Districts.›Section 9-8-64 - Detachment of Lands From Districts.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 3 - Watershed Conservancy Districts. › Section 9-8-64 - Detachment of Lands From Districts.
Section 9-8-64 Detachment of lands from districts. The owner or owners of lands which have not been, are not and cannot be benefited by their inclusion in the watershed conservancy district may petition the board of supervisors to have such lands detached. The petition shall describe such lands and state the reasons why they should be detached. A hearing shall be held within 30 days after the petition is received. Due notice of such hearing shall be given at least 10 days before the hearing. If it is determined by the board of supervisors that such lands shall be detached, such determination shall be certified to the judge of probate of each county in which any portion of such lands lie. After recording, the certification shall be filed with the State Soil and Water Conservation Committee. (Acts 1957, No. 517, p. 705, §14.)
https://law.justia.com/codes/alabama/title-9/chapter-8/article-3/section-9-8-65/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8 - Soil and Water Conservation Generally.›Article 3 - Watershed Conservancy Districts.›Section 9-8-65 - Discontinuance.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 3 - Watershed Conservancy Districts. › Section 9-8-65 - Discontinuance.
Section 9-8-65 Discontinuance. (a) At any time after five years from the organization of a watershed conservancy district, 25 or more landowners within a district or, if less than 50 landowners are involved, a majority of the landowners in such district may file a petition with the board of supervisors praying that the existence of the district be discontinued. The petition shall state the reasons for discontinuance and that all obligations of the district have been met. (b) After giving notice, the board of supervisors may conduct such hearings on the petition as may be necessary to assist it in making a determination. (c) Within 60 days after the petition is filed, a referendum shall be held and conducted under the supervision of the board of supervisors in the same manner as a referendum is required to be held and conducted under the provisions of Sections 9-8-56 through 9-8-58. No informalities in the conduct of the referendum or in any matters relating to the referendum shall invalidate it or its result if due notice of the referendum has been given as provided in subsection (b) of this section. (d) If a majority of the votes cast in such referendum favor the discontinuance of the district and it is found that all the obligations have been met, the board of supervisors shall make a determination that the watershed conservancy district shall be discontinued. A copy of the determination shall be certified to the judge of probate of the county or counties involved for recording. After recording, the certification shall be filed with the State Soil and Water Conservation Committee. (Acts 1957, No. 517, p. 705, §15.)
https://law.justia.com/codes/alabama/title-9/chapter-8/article-3/section-9-8-66/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8 - Soil and Water Conservation Generally.›Article 3 - Watershed Conservancy Districts.›Section 9-8-66 - Supervision of District When Soil and Water Conservation District Discontinued.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 3 - Watershed Conservancy Districts. › Section 9-8-66 - Supervision of District When Soil and Water Conservation District Discontinued.
Section 9-8-66 Supervision of district when soil and water conservation district discontinued. If any supervising soil and water conservation district is discontinued, the county commission of the county or counties involved shall serve in the same supervising capacity over the watershed conservancy district as the board of supervisors. (Acts 1957, No. 517, p. 705, §16.)
https://law.justia.com/codes/alabama/title-9/chapter-8/article-3/section-9-8-67/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8 - Soil and Water Conservation Generally.›Article 3 - Watershed Conservancy Districts.›Section 9-8-67 - Exemption From Taxation.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8 - Soil and Water Conservation Generally. › Article 3 - Watershed Conservancy Districts. › Section 9-8-67 - Exemption From Taxation.
Section 9-8-67 Exemption from taxation. The property and interests therein acquired by any watershed conservancy district organized under the provisions of this article shall be exempt from all state, county or other taxation. (Acts 1957, No. 517, p. 705, §17.)
https://law.justia.com/codes/alabama/title-9/chapter-8a/section-9-8a-1/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8A - Cost-Share Grants for Soil and Water Conservation.›Section 9-8A-1 - Definitions.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8A - Cost-Share Grants for Soil and Water Conservation. › Section 9-8A-1 - Definitions.
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 of 1901, as amended, and this chapter. (4) COST-SHARE GRANT. An award of money made pursuant to the terms of this chapter with no requirement that such money be repaid except in the events outlined herein. (5) ELIGIBLE LAND: a. Privately-owned land within the state; b. Land owned by the state or a political subdivision of the state; c. Lands owned by corporations which are partly owned by the United States; d. Lands temporarily owned by the United States or a corporation wholly owned by it, which were not acquired or reserved for conservation purposes, including lands administered by the Farmers Home Administration, the U.S. Department of Defense, or by any other government agency; e. Any cropland farmed by private persons which is owned by the United States or a corporation wholly owned by it; f. Noncropland owned by the United States on which practices are performed by private persons where such practices directly conserve or benefit nearby or adjoining privately-owned lands of the persons performing the practices and such persons maintain and use such federally-owned noncropland under agreement with the federal agency having jurisdiction thereof. (6) ELIGIBLE PERSON. An individual, partnership, family-owned corporation the owners of all the stock of which are related by blood or marriage, estate, or trust who, as an owner, landlord, lessee, tenant or sharecropper, participates in the operation of (1) a farm lying within a soil and water conservation district, or (2) a tract of land devoted to the growth of timber lying within a soil and water conservation district. (7) GOVERNOR. The Governor of the state. (8) LANDOWNER. Any person, firm, or corporation holding title to land lying within a soil and water conservation district. (9) PROGRAM YEAR. The period from October 1 to September 30. (10) SOIL AND WATER CONSERVATION DISTRICT. A governmental subdivision of this state and a public body corporate and politic organized pursuant to Article 2 of Chapter 8 of Title 9. (11) SOIL AND WATER CONSERVATION PRACTICES. The measures approved by the commission and applied to the land that prevent soil erosion in the state or improve the quality of water from agricultural sources in the state or improve the forest resources of the state. (12) STATE. The State of Alabama. (13) STATE SOIL AND WATER CONSERVATION COMMITTEE. The agency of the state established and existing pursuant to Section 9-8-22. (14) HEREIN, HEREBY, HEREUNDER, HEREOF, and other equivalent words refer to this chapter as an entirety and not solely to the particular section or portion thereof in which any such word is used. Where used in the chapter, words in the present tense shall be construed to include the future tense, the singular shall be construed to include the plural and the plural shall be construed to include the singular, and nouns and pronouns shall be construed to include all genders. (Acts 1985, 1st Ex. Sess., No. 85-123, p. 169, §1; Acts 1986, No. 86-426, p. 775, §1.)
https://law.justia.com/codes/alabama/title-9/chapter-8a/section-9-8a-2/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8A - Cost-Share Grants for Soil and Water Conservation.›Section 9-8A-2 - Legislative Findings and Declaration of Purpose.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8A - Cost-Share Grants for Soil and Water Conservation. › Section 9-8A-2 - Legislative Findings and Declaration of Purpose.
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 the inability to finance such programs impedes the economic and physical development of the state, adversely affects the welfare and prosperity of all of the people of the state and accordingly creates and fosters conditions adverse to the general health and welfare of the citizens of the state; and that the making available in the manner provided in this chapter of appropriated moneys to assist the financing of much needed soil conservation, agricultural water and forestry improvement programs will result in the alleviation or reduction of the adverse consequences which have resulted. (Acts 1985, 1st Ex. Sess., No. 85-123, p. 169, §2; Acts 1986, No. 86-426, p. 775, §2.)
https://law.justia.com/codes/alabama/title-9/chapter-8a/section-9-8a-3/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8A - Cost-Share Grants for Soil and Water Conservation.›Section 9-8A-3 - Commission - Members and Officers; Terms of Office; Vacancies; Compensation and Exp...
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8A - Cost-Share Grants for Soil and Water Conservation. › Section 9-8A-3 - Commission - Members and Officers; Terms of Office; Vacancies; Compensation and Expenses; Meetings; Quorum; Record of Proceedings; Copies of Proceedings as Evidence; Members and Officers Not Personally Liable.
Section 9-8A-3 Commission - Members and officers; terms of office; vacancies; compensation and expenses; meetings; quorum; record of proceedings; copies of proceedings as evidence; members and officers not personally liable. (a) The members of the commission shall consist of the Governor; the Commissioner of Agriculture and Industries; the President of the Alabama Farmers Federation; the President of the Alabama Cattlemen's Association; the Chair of the State Soil and Water Conservation Committee; a member of the Alabama Forestry Commission designated by the Governor; the President of the Alabama Association of Conservation Districts; and two citizens of the state of good reputation who are active farmers or timberland owners or involved in environmental protection appointed by the Governor. Each voting member of the commission, except the two citizens appointed by the Governor, may appoint a designee to represent him or her at all commission meetings. The members of the commission may request that a member replace his or her designee if the designee has been absent from three or more consecutive meetings without good cause. The Chair of the Senate Agriculture, Conservation and Forestry Committee, the Chair of the House Agriculture and Forestry Committee, two members of the House, and two members of the Senate appointed by the Speaker of the House and the Lieutenant Governor, respectively, shall also serve as nonvoting ex officio members of the commission and as an oversight committee to review and report to the Legislature respecting the programs and activities of the commission. The members of the commission appointed by the Governor shall be appointed at the beginning of each organizational session of the Legislature to serve until the next organizational session of the Legislature; provided, however, that the initial appointed members will be appointed promptly following ratification by the qualified electors of the state of the amendment to the Constitution of Alabama of 1901 that was proposed by House Bill 10 introduced at that special session of the Legislature that convened on January 23, 1985. Each member shall hold office for the term of his or her appointment, if he or she is appointed, or as long as he or she serves in one of the positions listed above, and until his or her successor shall have been appointed and qualified. (b) The Governor shall serve as chair of the commission and the commission shall elect from among its members a vice-chair, a secretary, and such other officers as it may determine. The State Treasurer of Alabama shall serve as treasurer of the commission. (c) If at any time there is a vacancy among the appointed members of the commission, a successor member shall be appointed to serve for the unexpired term applicable to the vacancy. The appointment of each appointed member of the commission, other than those initially appointed, whether for a full term or to complete an unexpired term, shall be made by the same officer of the state who appointed the member of the commission whose term has expired or is to expire or in whose position on the commission the vacancy otherwise exists. The appointment shall be made not earlier than 30 days prior to the date on which the member of the commission is to take office. Each appointed member of the commission shall hold office from the effective date of his or her appointment until the expiration of the term, or portion thereof, for which he or she was appointed, and if the term of any member of the commission expires prior to the reappointment of the member of the commission or prior to the appointment of his or her successor, the member of the commission shall continue to serve until his or her successor is appointed, and if the member of the commission is reappointed for a new term after the expiration of the immediately preceding term which he or she has been serving, his or her new term of office shall be deemed to have commenced at noon on the date on which the immediately preceding term shall have expired. Members of the commission shall be eligible for reappointment without limit as to the number of terms previously served. (d) Each member of the commission shall, at the time of his or her appointment or otherwise becoming a member and at all times during his or her term of office, be a qualified elector of the state, and a failure by any member of the commission to remain so qualified during the term shall cause a vacancy of the office of the member of the commission. Any member of the commission may be impeached and removed from office as a member of the commission in the same manner and on the same grounds provided in Section 173 of the Constitution of Alabama of 1901, or successor provision thereof, and the general laws of the state for impeachment and removal of the officers of the state subject to Section 173 or successor provision thereof. The Governor and the Commissioner of Agriculture and Industries may not be impeached and removed from office as members of the commission apart from their impeachment and removal from the respective offices by virtue of which, ex officio, they serve as members of the commission. (e) Regular meetings of the commission shall be held at the time and place fixed by resolution or by law of the commission. Special meetings of the commission shall be held at the call of the chair or whenever three members of the commission so request, in each case upon two days' notice to each member of the commission given in person or by registered letter or telegram. The notice to each member of the commission may be waived by the member of the commission, either before or after the meeting with respect to which notice would otherwise be required. A majority of the voting members of the commission shall constitute a quorum for the transaction of business, and decisions shall be made and resolutions adopted on the basis of a majority of the quorum then present and voting, with each voting member of the commission having a single vote. No vacancy in the membership of the commission or the voluntary disqualification or abstention of any member of the commission shall impair the right of a quorum to exercise all of the powers and duties of the commission. No member or officer of the commission shall receive any salary therefor, but may be reimbursed for necessary travel and the reasonable expenses of performing the duties of office. All proceedings of the commission shall be reduced to writing by the secretary, signed by the chair and at least three members of the commission, recorded in a substantially bound book, and filed in the office of the commission. All proceedings of the commission shall be open to the public, except that executive or secret sessions may be held when the character or good name of a person is involved, and all records of the commission shall be subject to public inspection during business hours. Copies of the proceedings, when certified by the secretary under the seal of the commission, shall be received in all courts as prima facie evidence of the matters and things therein certified. (f) No member, office, or employee of the commission shall be personally liable for the obligations or acts of the commission. (Acts 1985, 1st Ex. Sess., No. 85-123, p. 169, §3; Acts 1986, No. 86-426, p. 775, §3; Acts 1992, No. 92-108, p. 178, §6; Acts 1995, No. 95-578, p. 1215, §1.)
https://law.justia.com/codes/alabama/title-9/chapter-8a/section-9-8a-4/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8A - Cost-Share Grants for Soil and Water Conservation.›Section 9-8A-4 - Commission - Powers.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8A - Cost-Share Grants for Soil and Water Conservation. › Section 9-8A-4 - Commission - Powers.
Section 9-8A-4 Commission - Powers. The commission shall have the following powers: (1) To have succession by its corporate name until it shall have been dissolved as provided herein; (2) To sue and be sued and to prosecute and defend in any court having jurisdiction of the subject matter and of the parties thereof; (3) To adopt and use a seal and to alter the seal at pleasure; (4) To designate and maintain a principal office in the City of Montgomery; (5) To adopt, and from time to time amend and repeal, bylaws and rules and regulations, not inconsistent with this chapter, to carry into effect the powers and purposes of the commission in the conduct of its business; (6) To allocate funds through the State Soil and Water Conservation Committee to the soil and water conservation districts of the state for use by them in making cost-share grants and approving technical assistance to eligible persons as provided herein; (7) To appoint, employ, contract with, and provide for the compensation of, such employees, attorneys, fiscal advisers, technical personnel and agents as the business of the commission may require; (8) To establish, with the advice of the State Soil and Water Conservation Committee, standards and specifications for soil and water conservation practices eligible for cost-share grants of allocated funds; (9) To designate, delegate and assign to the State Soil and Water Conservation Committee any clerical, administrative and record-keeping responsibilities required in carrying out the purposes of this chapter that the commission may designate; (10) To invest in authorized investments any funds of the commission that the commission may determine are not presently needed for other uses, purposes or functions of the commission; (11) To enter into a management agreement or agreements with any person, firm, corporation or other state agency for the performance by said person, firm, corporation or other state agency for the commission of any of its delegable functions or powers upon such terms and conditions as may be mutually agreeable; (12) To sell, exchange and convey any or all of its properties whenever the commission shall find any such action to be in furtherance of the purposes for which the commission was organized; (13) To establish a private endowment fund. The commission may receive and accept from any source gifts, grants and contributions of money. Said money shall be deposited as part of the corpus of the private endowment fund and invested by the commission. The commission shall not allocate any of the corpus of said private endowment fund but shall be authorized to distribute the interest earned by the fund to the cost-share grant program. Appropriations of the Legislature shall not be considered funds which are required to be placed in the private endowment fund; and (14) To make, enter and execute such contracts, agreements, leases and other instruments and to take such other actions as may be necessary or desirable to accomplish any purpose for which the commission is organized or to exercise any power granted hereunder. (Acts 1985, 1st Ex. Sess., No. 85-123; p. 169, §4; Acts 1986, No. 86-426, p. 775, §4.)
https://law.justia.com/codes/alabama/title-9/chapter-8a/section-9-8a-4-1/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8A - Cost-Share Grants for Soil and Water Conservation.›Section 9-8A-4.1 - Commission - Revolving Fund Established; Expenditure of Funds; Appropriation of F...
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8A - Cost-Share Grants for Soil and Water Conservation. › Section 9-8A-4.1 - Commission - Revolving Fund Established; Expenditure of Funds; Appropriation of Funds to Commission.
Section 9-8A-4.1 Commission - Revolving fund established; expenditure of funds; appropriation of funds to commission. (a) There is hereby established the Alabama Agricultural and Conservation Development Commission Revolving Fund to consist of all moneys received by the commission from legislative appropriations or from any other source, including any and all interest earned from such funds. Any funds remaining in the Alabama Agricultural and Conservation Development Commission Fund at the end of any fiscal year shall remain in said fund and is hereby reappropriated to the commission in each subsequent year. (b) The state Budget Officer shall allocate to the commission its entire state appropriation for any fiscal year prior to January 2 of that fiscal year. (c) The commission is hereby authorized to expend funds in the Alabama Agricultural and Conservation Development Commission Revolving Fund to pay expenses of the commission, to pay salaries of any personnel employed or contracted with by the commission, to reimburse the State Soil and Water Conservation Committee for expenditures and expenses incurred in its support of the Agricultural and Conservation Development Commission, to support the operations of the State Soil and Water Conservation Committee, and to perform any other legitimate power of the commission. The remainder of funds may be allocated to the soil and water conservation districts in the manner prescribed in Section 9-8A-5. (Acts 1986, No. 86-426, p. 775, §5.)
https://law.justia.com/codes/alabama/title-9/chapter-8a/section-9-8a-5/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8A - Cost-Share Grants for Soil and Water Conservation.›Section 9-8A-5 - Allocation of Funds to Soil and Water Conservation Districts.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8A - Cost-Share Grants for Soil and Water Conservation. › Section 9-8A-5 - Allocation of Funds to Soil and Water Conservation Districts.
Section 9-8A-5 Allocation of funds to soil and water conservation districts. (a) Funds allocated to the soil and water conservation districts by the commission shall be used only to pay the costs of installing soil and water conservation practices of the types listed in Section 9-8A-7. Soil and water conservation district supervisors shall designate which soil and water conservation practices will be eligible for cost-share grants in their district, subject to approval by the Agricultural and Conservation Development Commission. The commission, through the State Soil and Water Conservation Committee, may allocate any available appropriations and other moneys received by the commission for cost-share grants to the soil and water conservation districts in steps identified as original allocation, reversion of allocated funds, and reallocation of reverted funds. (b) Original allocation. The commission may allocate funds to the state's soil and water conservation districts at the beginning of a fiscal year in accordance with formulas established by the commission taking into account the percentage of the state's highly erosive areas in, the reforestation needs and other soil and water conservation needs of, and the agricultural water pollution problems of, each soil and water conservation district in the state. (c) Reversion of allocated funds. Any allocated funds allocated in a fiscal year that the soil and water conservation districts have not obligated by March 1 of that fiscal year, and any allocated funds that were obligated during the previous year for projects respecting which disbursements have not been begun by March 1 will revert to the commission for reallocation. (d) Reallocation of reverted funds. The soil and water conservation districts shall submit requests for reallocation of reverted funds identifying valid applications and cost estimates, if any, to the commission by February 1 of each year. The allocation to any district shall be the lesser of: (1) The amount of available moneys less reserve funds divided by the number of districts applying for a reallocation, or (2) The amount requested. (e) Reserve funds. The commission shall administer a reserve fund for each program year that shall not exceed ten thousand dollars ($10,000) to be set aside and used only to meet contingencies that occur in the districts or within the commission. Each time a reallocation is made to the districts an allocation shall be made to the reserve fund if necessary to return the reserve fund balance to the appropriate level. (Acts 1985, 1st Ex. Sess., No. 85-123, p. 169, §5; Acts 1986, No. 86-426, p. 775, §6; Act 2018-250, §1.)
https://law.justia.com/codes/alabama/title-9/chapter-8a/section-9-8a-6/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8A - Cost-Share Grants for Soil and Water Conservation.›Section 9-8A-6 - Application for Cost-Share Grant.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8A - Cost-Share Grants for Soil and Water Conservation. › Section 9-8A-6 - Application for Cost-Share Grant.
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 conservation district, the respective district committees will review the application and agree to obligate all funds from one district or prorate the funding between districts. All applications and agreements shall be signed by the eligible person unless a power of attorney has been obtained. Applications and agreements may be signed by any person designated to represent the eligible person, provided an appropriate power of attorney has been filed with the soil and water conservation district office. The power of attorney requirement may be met by submitting a properly executed and notarized durable power of attorney to the soil and water conservation district office. In the case of estates, letters of administration or letters testamentary designating the responsible person or administrator may be submitted to the district in lieu of a power of attorney. (Acts 1985, 1st Ex. Sess., No. 85-123, p. 169, §8; Acts 1986, No. 86-426, p. 775, §7.)
https://law.justia.com/codes/alabama/title-9/chapter-8a/section-9-8a-7/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8A - Cost-Share Grants for Soil and Water Conservation.›Section 9-8A-7 - Eligible Soil and Water Conservation Practices.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8A - Cost-Share Grants for Soil and Water Conservation. › Section 9-8A-7 - Eligible Soil and Water Conservation Practices.
Section 9-8A-7 Eligible soil and water conservation practices. The following soil and water conservation practices shall be eligible for cost-share grants of the allocated funds: (1) REDUCED TILLAGE SYSTEMS. Reduced tillage practices, used in conjunction with row crop production to reduce sediment damage and soil depletion caused by wind or water, including planting of seasonal noncash cover crops. (2) NO-TILL SYSTEMS. A form of noninversion tillage that retains protective amounts of residue on the surface throughout the year. (3) CRITICAL AREA PLANTINGS. stablishment of vegetative planting to control sediment movement from severely eroding areas by stabilizing the soil. These plantings would include vegetation such as trees, shrubs, vines, grasses or legumes. (4) DIVERSIONS. A channel with a supporting ridge on the lower side constructed across the slope to conduct excess runoff water to a suitable outlet. (5) FIELD WINDBREAKS. A strip or belt of trees or shrubs established within or adjacent to a field to reduce sediment damage and soil depletion caused by wind. (6) GRADE STABILIZATION STRUCTURES. An earthen dam or embankment with a mechanical outlet (pipe conduit, drop spillway or chute outlet) to stabilize the flowing grade or control head cutting in a natural or constructed channel. (7) GRASS STRIPS. A strip of close-growing perennial vegetation within or adjacent to a field to reduce sediment damage and soil depletion caused by wind. (8) GRASSED WATERWAY or OUTLETS. A natural or constructed waterway or outlet, shaped and graded on which suitable vegetation is established, to conduct excess surface runoff water from terraces, diversions or natural watershed basins. (9) PASTURE AND HAYLAND PLANTINGS. The establishment of long-term stands of adapted species of perennial forage plants, to control excessive water erosion, by converting land from row crop production to permanent vegetative cover. (10) TERRACES. An earthen barrier or embankment constructed across the field slope using a combination of a ridge and channel to reduce field erosion, and trap sediment. Types of terraces commonly referenced to as broad based, narrow based, grassed backslope, basin, level, gradient and parallel are eligible for allocated funds. (11) UNDERGROUND OUTLETS. A conduit installed beneath the ground surface to collect surface water from terraces, diversions, water and sediment basins, and convey the water to a suitable outlet. (12) WATER AND SEDIMENT CONTROL BASINS. A short earthen embankment with an underground outlet, constructed across the slope in minor watercourses to reduce erosion and trap sediment. (13) WATERSHED AND LAGOON PROJECTS. (14) REFORESTATION of unproductive or highly erodable lands. (15) ESTABLISHMENT AND IMPROVEMENT OF TREE NURSERIES and cultivation and protection of permanent forest stands and of seedlings for use in reforestation projects. (16) ANIMAL WASTE CONTROL FACILITIES. A facility for storing and handling livestock and poultry waste and controlling surface run-off water to permit the recycling of animal waste onto the land in a manner that will abate pollution that would otherwise result from existing livestock or poultry operations. (17) OTHER PRACTICES conducive to soil and water conservation in the state as approved by the commission. (Acts 1985, 1st Ex. Sess., No. 85-123, p. 169, §9; Acts 1986, No. 86-426, p. 775, §8.)
https://law.justia.com/codes/alabama/title-9/chapter-8a/section-9-8a-8/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8A - Cost-Share Grants for Soil and Water Conservation.›Section 9-8A-8 - Ineligible Lands.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8A - Cost-Share Grants for Soil and Water Conservation. › Section 9-8A-8 - Ineligible Lands.
Section 9-8A-8 Ineligible lands. Allocated funds shall not be used to reimburse other units of government for implementing soil and water conservation practices. Privately-owned land not used for agricultural or timber production shall not qualify for allocated funds. Tracts of land used for agricultural or timber production smaller than 20 acres in size from which less than $1,000.00 of agricultural products are sold annually shall not qualify for allocated funds. (Acts 1985, 1st Ex. Sess., No. 85-123, p. 169, §10; Acts 1986, No. 86-426, p. 775, §9.)
https://law.justia.com/codes/alabama/title-9/chapter-8a/section-9-8a-9/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8A - Cost-Share Grants for Soil and Water Conservation.›Section 9-8A-9 - Cost-Share Grant Processing Procedures.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8A - Cost-Share Grants for Soil and Water Conservation. › Section 9-8A-9 - Cost-Share Grant Processing Procedures.
Section 9-8A-9 Cost-share grant processing procedures. Applicants for cost-share grants for soil and water conservation practices shall complete and submit an application for allocated funds as described herein to the soil and water conservation district office located in their counties. Assistance in completing the form shall be made available from technical personnel of the soil and water conservation district office. Applicants shall specify the anticipated total cost of the practice to be implemented and the percentage, if any, of such cost which the applicant proposes to bear, which percentage shall not be less than the minimum specified by the commission for cost-share grants to assist in implementation of the particular practice. Applications for allocated funds which are denied by the soil and water conservation district supervisors shall be retained in the district to the end of the program year. Written notification of the denial shall be provided to the applicant along with the reason(s) that the application was denied. Application denial as used herein refers to those applications which cannot be approved for reasons other than lack of allocated funds. Those applications that meet the eligibility requirements will be given initial approval by the soil and water conservation district. The applications that have received initial approval by the district shall be evaluated under the priority system adopted by the district for disbursement of allocated funds. The high priority applications that can possibly be funded by the district's allocated funds will be identified, and successful applicants may be requested to provide such additional information as the supervisors may specify in order to assist the district supervisors in determining proper priority of the various applications. Upon receipt of such additional information as may be requested, the soil and water conservation district supervisor, in accordance with guidelines developed by the commission, may give the application final approval and obligate allocated funds for the project in the amount of the project cost estimate identified on the application. Following approval of an application, the district supervisor may obligate allocated funds for the project or, as appropriate, secure obligation of funds from the commission for the amount of the project cost estimate identified on the application. In those cases where funds are not available, the application will be held by the soil and water conservation district until allocated funds become available or until the end of the program year. Upon obligation of allocated funds the soil and water conservation district shall notify the applicant. An application may be withdrawn by the applicant at any time prior to receipt of cost-share grant by notifying the district in writing that withdrawal is desired. Applications withdrawn by the applicant shall be retained in the records of the district until the end of the program year. A case file shall be assembled and maintained for each application approved. The file will contain the approved application for allocated funds, any amendment to application for allocated funds; a copy of the estimated cost sheet; certification of practice quantities and cost, voucher and bills or receipts; receipt of payment, maintenance agreement, or performance agreement; a map and legal description locating the practice. Case files shall be filed by program year. The commission shall establish the minimum cost-share grant from year to year that may be made under the program and the maximum cost-share grant that an eligible person may receive under the program in any one program year. There shall be no limit to the number of cost-share grants an applicant can receive. (Acts 1985, 1st Ex. Sess., No. 85-123, p. 169, §11; Acts 1986, No. 86-426, p. 775, §10.)
https://law.justia.com/codes/alabama/title-9/chapter-8a/section-9-8a-10/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8A - Cost-Share Grants for Soil and Water Conservation.›Section 9-8A-10 - Designing of Proposed Soil and Water Conservation Practices.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8A - Cost-Share Grants for Soil and Water Conservation. › Section 9-8A-10 - Designing of Proposed Soil and Water Conservation Practices.
Section 9-8A-10 Designing of proposed soil and water conservation practices. A qualified technician of, or technician designated by, the soil and water conservation district in which a particular project is located shall design and lay out proposed soil and water conservation practices for which allocated funds have been obligated. Such technician shall be responsible for determining compliance with applicable design standards and specifications. (Acts 1985, 1st Ex. Sess., No. 85-123, p. 169, §12; Acts 1986, No. 86-426, p. 775, §11.)
https://law.justia.com/codes/alabama/title-9/chapter-8a/section-9-8a-11/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8A - Cost-Share Grants for Soil and Water Conservation.›Section 9-8A-11 - Agreement to Maintain Conservation Practices; Sale of Land With Respect to Which A...
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8A - Cost-Share Grants for Soil and Water Conservation. › Section 9-8A-11 - Agreement to Maintain Conservation Practices; Sale of Land With Respect to Which Agreement Is in Effect.
Section 9-8A-11 Agreement to maintain conservation practices; sale of land with respect to which agreement is in effect. As a condition for receipt of a cost-share grant of allocated funds for soil and water conservation practices, the eligible person receiving the benefit of such grant shall agree to maintain those practices for the expected life of the practice as established by the commission and outlined in the applicable conservation plan. Agreement to maintain practices for which allocated funds are being paid shall be accomplished by completing and signing a maintenance agreement. Specific conditions of the maintenance agreement shall be detailed on a form specified by the commission, and may include provisions for repayment of cost-share grants. Completion of the form and signature of the eligible person is required prior to transfer of the payment from the district to the recipient. Agreements to perform soil and water conservation practices for which allocated funds are being paid shall be by completing and signing a performance agreement. Specific conditions of the performance agreement shall be detailed on a form specified by the commission. Completion of the form and signature of the eligible person is required prior to transfer of the payment from the district to the recipient(s). The soil and water conservation district shall establish and maintain in the case file the maintenance agreement and any amendments to the maintenance agreement. The maintenance agreements shall be accessible for review by the public. The soil and water conservation district shall also establish and maintain in the case file any performance agreement and amendment to performance agreement. The case file shall be accessible for review by the public. In the event that adjustment to the project cost estimate is necessitated by the final design, the applicant shall either agree to assume the additional cost or complete and submit amendment to application for allocated funds to the district for approval or denial by the district. The soil and water conservation district shall adjust the amount of allocated funds obligated for the project or secure adjusted obligation from the commission for funds obligated by the commission. In the event that additional funds are not available, the project may be redesigned, if possible, to a level commensurate with available allocated funds, provided the redesign still meets standards established by the commission, or the applicant can agree to assume full financial responsibility for the portion of the project cost in excess of the amount obligated. The successful applicant shall be responsible for securing any contractor(s) needed and for all contractual or other agreements necessary to construct or perform the approved practice(s). The designated technician will determine if the completed practice is in compliance with applicable standards and specifications. The designated technician shall attest to completion and compliance to the standards by completing and signing a certification of practice quantities and cost. The completed certification will be retained in the district case file for the appropriate landowner. A seller of agricultural or timber land with respect to which a maintenance agreement is in effect may request the soil and water conservation district to inspect the practices. If the practices have not been removed, altered, or modified, the district shall issue a written statement that the seller has satisfactorily maintained the permanent practice as of the date of the statement. The buyer of lands covered by a maintenance agreement may also request that the district inspect the lands to determine whether any practice has been removed, altered, or modified as of the date of the inspection. If so, the district will provide the buyer with a statement specifying the extent of noncompliance as of the date of the statement. The seller and the buyer, if known, shall be given notice of the time of inspection so that they may be present during the inspection to express their views as to compliance. (Acts 1985, 1st Ex. Sess., No. 85-123, p. 169, §13; Acts 1986, No. 86-426, p. 775, §12.)
https://law.justia.com/codes/alabama/title-9/chapter-8a/section-9-8a-12/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8A - Cost-Share Grants for Soil and Water Conservation.›Section 9-8A-12 - Reporting and Accounting by Soil and Water Conservation Districts.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8A - Cost-Share Grants for Soil and Water Conservation. › Section 9-8A-12 - Reporting and Accounting by Soil and Water Conservation Districts.
Section 9-8A-12 Reporting and accounting by soil and water conservation districts. Since appropriations made by the Legislature to the commission are anticipated to be made to the commission with respect to each fiscal year, each soil and water conservation district committee will maintain separate control ledgers and prepare separate reports of work accomplished with allocated funds for each fiscal year. The district supervisor will submit a monthly report to the State Soil and Water Conservation Committee indicating the unobligated balance of allocated funds as shown on each ledger at the close of the last day of each month. Quarterly compilation of the reports shall be submitted by the state to the commission. The districts will also submit through the state committee an annual progress report to the commission. These reports will reflect accomplishments "to date" by program year funds. Annual reports shall be submitted to the commission on or before November 4 each year. Each district will, based on estimated cost, maintain a record of allocated funds obligated for approved applications. (Acts 1985, 1st Ex. Sess., No. 85-123, p. 169, §14; Acts 1986, No. 86-426, p. 775, §13.)
https://law.justia.com/codes/alabama/title-9/chapter-8a/section-9-8a-13/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8A - Cost-Share Grants for Soil and Water Conservation.›Section 9-8A-13 - Exemption of Commission From Taxation.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8A - Cost-Share Grants for Soil and Water Conservation. › Section 9-8A-13 - Exemption of Commission From Taxation.
Section 9-8A-13 Exemption of commission from taxation. The property and income of the commission, conveyances by or to the commission, and leases, mortgages and deeds of trust or trust indentures by or to the commission shall be exempt from all taxation in the state. The commission shall be exempt from all taxes levied by any county, municipality or other political subdivision of the state, including, but without limitation license and excise taxes imposed in respect of the privilege of engaging in any of the activities in which the commission may engage. Nothing in this section shall be construed to exempt any private person, firm or corporation from payment of any ad valorem, mortgage or deed taxes or recording fees notwithstanding the fact that the commission shall have acquired an interest in the property or instrument subject to such taxes or fees. (Acts 1985, 1st Ex. Sess., No. 85-123, p. 169, §15; Acts 1986, No. 86-426, p. 775, §14.)
https://law.justia.com/codes/alabama/title-9/chapter-8a/section-9-8a-14/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8A - Cost-Share Grants for Soil and Water Conservation.›Section 9-8A-14 - Exemption of Cost-Share Grants From Taxation.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8A - Cost-Share Grants for Soil and Water Conservation. › Section 9-8A-14 - Exemption of Cost-Share Grants From Taxation.
Section 9-8A-14 Exemption of cost-share grants from taxation. The gross income for Alabama income tax purposes of an eligible person receiving a cost-share grant from the commission pursuant to this chapter shall not include the amount of such cost-share grant. The commission shall take such steps as may be necessary to qualify the cost-share grant program provided herein with the United States Secretary of the Treasury and the United States Secretary of Agriculture as a program qualifying under Section 126(a)(10) of the Internal Revenue Code of 1954, as amended. (Acts 1985, 1st Ex. Sess., No. 85-123, p. 169, §16; Acts 1986, No. 86-426, p. 775, §15.)
https://law.justia.com/codes/alabama/title-9/chapter-8a/section-9-8a-15/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8A - Cost-Share Grants for Soil and Water Conservation.›Section 9-8A-15 - Independence of Commission; Incorporation and Exercise of Powers; Alabama Administ...
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8A - Cost-Share Grants for Soil and Water Conservation. › Section 9-8A-15 - Independence of Commission; Incorporation and Exercise of Powers; Alabama Administrative Procedure Act Inapplicable.
Section 9-8A-15 Independence of commission; incorporation and exercise of powers; Alabama Administrative Procedure Act inapplicable. This chapter is intended to aid the state through the furtherance of the purposes of the chapter by providing an appropriate and independent instrumentality of the state with full and adequate powers to fulfill its functions. Except as expressly provided in this chapter, no proceeding, notice or approval shall be required for the incorporation of the commission, or the exercise of any of its powers by the commission. The provisions of the Alabama Administrative Procedure Act shall not be applicable to the commission or to the promulgation of its rules and regulations. (Acts 1985, 1st Ex. Sess., No. 85-123, p. 169, §17; Acts 1986, No. 86-426, p. 775, §16.)
https://law.justia.com/codes/alabama/title-9/chapter-8a/section-9-8a-16/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 8A - Cost-Share Grants for Soil and Water Conservation.›Section 9-8A-16 - Use of Earnings of Commission.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 8A - Cost-Share Grants for Soil and Water Conservation. › Section 9-8A-16 - Use of Earnings of Commission.
Section 9-8A-16 Use of earnings of commission. The commission shall be a political subdivision of the state and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any individual, firm or corporation, except through the cost-share grants herein provided for. (Acts 1985, 1st Ex. Sess., No. 85-123, p. 169, §18; Acts 1986, No. 86-426, p. 775, §17.)
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-1/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-1 - Short Title.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-1 - Short Title.
Section 9-9-1 Short title. This article shall be known as the "Alabama Water Management Act." (Acts 1965, No. 685, p. 1246, §1.)
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-2/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-2 - Definitions.
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-2 - Definitions.
Section 9-9-2 Definitions. Whenever used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) NOTICE BY PUBLICATION. Unless otherwise specified, such notice shall consist of publication once in each of three consecutive weeks (three insertions) in some newspaper having general circulation in the county or counties wherein the land in the water management district is located, the last insertion to be made at least 15 days prior to the date fixed for the hearing of said notice, and it shall not be necessary that the publication shall be made on the same day in each of the three weeks, but not less than 14 days, excluding the day of the first publication, shall intervene between the first publication and the last publication. When a district includes lands in two or more counties, such notice shall be published in each county, and it will be sufficient to set out only the lands in the county in which the notice is published. If there is no newspaper published in the county in which the lands included within a water management district are situated, then such publication shall be made in a newspaper published in an adjoining county. It shall not be necessary for a notice to name the parties interested, and said notice shall have all the force and effect of a summons served personally on those owning lands within the district. (2) COURT. Unless some other court is specifically designated, such term shall be construed to mean court of probate. (3) BOARD OF WATER MANAGEMENT COMMISSIONERS or BOARD OF COMMISSIONERS. The board of water management commissioners. (4) VIEWERS. The board of viewers. (5) PERSON. Any individual, partnership, stock company or corporation. (6) DISTRICT. Water management district. (7) SWAMP and OVERFLOWED LANDS. Such terms shall not be construed to apply alone to the present classification of lands under the laws of this state, but shall extend to and include all lands that need drainage or protection from overflow, regardless of former classification. (8) LANDOWNER. Any property owner who owns partial or full interest in lands in the benefited area or any property owner who owns partial or full interest in over 10 acres of land outside the benefited area within the district. (Acts 1965, No. 685, p. 1246, §51.)
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-3/
AL
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-3 - Declaration of Benefits of Drainage, etc.; Duty of Soil and Water Conservation Commi...
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-3 - Declaration of Benefits of Drainage, etc.; Duty of Soil and Water Conservation Committee.
Section 9-9-3 Declaration of benefits of drainage, etc.; duty of Soil and Water Conservation Committee. The establishing of proper works of improvement for the drainage of wet, swamp and overflowed lands of the state and for flood prevention or the conservation, development, utilization and disposal of water within the state is declared to promote the public health, to aid agriculture and to be in the interest of the public welfare and convenience. The State Soil and Water Conservation Committee is hereby charged with the duty of cooperating with persons desiring to form water management districts and of aiding and advising in such development. (Acts 1965, No. 685, p. 1246, §2.)