General Provisions.

Ala. Code tit. 9, ch. 13, art. 1

in effect

Ala. Code § 9-13-1 Gifts of Lands for State Forests.

9-13-1. Gifts of Lands for State Forests. The Governor may, upon the recommendation of the State Forestry Commission, accept gifts of land to the state, the same to be held and administered by the State Forestry Commission as state forests and to be so used as to demonstrate the practical utility of timber culture. Such gifts must be absolute, except the mineral and mining rights over and under said lands (but no reservation of any timber rights in connection therewith) may be reserved and except for a stipulation that they be held and administered as state forests; and the Attorney General shall see that all deeds of gift or other grants to the state of land mentioned above are properly executed and convey good title before the gift is accepted. (Acts 1923, No. 486, p. 638, §5; Code 1923, §991; Code 1940, T. 8, §188.)

Ala. Code § 9-13-2 Distribution and Expenditure of Receipts from National Forests.

9-13-2. Distribution and Expenditure of Receipts from National Forests. Promptly after receipt by the state of any moneys from the United States accruing from receipts from national forests within the state, the Governor shall cause said moneys to be distributed among the several counties of the state proportional to the area of national forests located therein. Upon receipt of any such moneys by any county, the county commission of the county involved shall cause 50 percent of the amount so received to be paid to the board of education of such county to be used and expended by said board of education for the benefit of the public schools of such county, and 50 percent of the amount so received shall be expended by the county commission of such county for the benefit of the public roads of the county. (Acts 1943, No. 590, p. 595, § 1.)

Ala. Code § 9-13-3 Promotion and Development of Forest Use, Etc.; Suppression of Forest Fires, Etc.; Acquisition, Management, and Disposition of Lands; Officers, Assistants, and Employees.

9-13-3. Promotion and Development of Forest Use, Etc.; Suppression of Forest Fires, Etc.; Acquisition, Management, and Disposition of Lands; Officers, Assistants, and Employees. (a) The commission shall give advice, assistance, and cooperation as may be practicable to private landowners and promote, so far as it may be able, a proper appreciation in this state among all classes of the population of the benefits to be derived from forest culture, preservation, and use. (b) The commission may take reasonable and practicable measures to prevent and suppress forest fires and other influences harmful to forest growth and may expend monies from the Special State Forestry Fund and other funds accruing to the commission as may be necessary to implement such purposes and to provide such systems of control as the commission may establish, either independently or in cooperation with the federal government and other agencies, public or private. (c) The commission shall be the sole cooperating agency in joint work in the promotion and development of forestry and other matters and interests devolving upon it by law, among all classes of land ownership in the state, in which both the state and the federal government may have financial or administrative participation. (d)(1) The commission, for the purpose of establishing, developing, and maintaining state forests, sites for offices or facilities, tower sites, and other areas necessary for its efficient operation, may acquire land by donation, purchase, condemnation, or lease, and for these purposes may expend such funds available to the commission and not otherwise obligated and may enter into agreements with the federal government or other agencies and private landowners for acquiring by lease, purchase, or otherwise such lands as the commission deems desirable or necessary. (2) When lands are acquired or leased under this section, the commission may expend any funds available to the commission and not otherwise obligated for the management, development, and utilization of such lands, to sell or otherwise dispose of products from such lands, to have sole charge of all state forests and other lands that have been acquired hereunder, and to adopt rules for the management, administration, occupancy, and use of property in state forests and lands acquired by the commission. (3) The commission may sell, exchange, or lease lands under its jurisdiction when in its judgment it is advantageous to the state to do so in the orderly development and management of state forests and other designated areas. Any sale or lease of lands by the commission is subject to Article 3 of Chapter 15 of Title 9, except for the sale or lease of land that has an appraised or assessed value not exceeding fifty thousand ($50,000). (e) The commission may employ such officers, assistants, and employees as may be necessary and, as to individuals employed wholly or in part in carrying out the provisions of cooperative agreements with the federal government or other agencies, may use the contributions or receipts derived from the United States or from any private or philanthropic source to pay the compensation of these individuals. (Acts 1969, No. 764, p. 1354, §5; Act 2026-402, §1.)

Ala. Code § 9-13-4 Alabama Forestry Commission Fund.

9-13-4. Alabama Forestry Commission Fund. There shall be a fund known as the Alabama Forestry Commission Fund. This fund shall consist of all occupational licenses and privilege taxes imposed by the state for engaging in any business dealing with timber or timber products and all fines and forfeitures arising under the provisions of this chapter, and all appropriations made by the State of Alabama from its General Funds in furtherance of the purposes of this chapter shall be paid into said Alabama Forestry Commission Fund. There shall also be paid into said Alabama Forestry Commission Fund all sums accruing to the State Forestry Commission from whatsoever source. This fund shall be used and expended by the State Forestry Commission in accordance with the terms of the gift, bequest, appropriation or donation from which said moneys are derived and, in absence of any such terms, shall be expended by the State Forestry Commission in furtherance of any of the provisions of this chapter. All necessary expenses of the State Forestry Commission shall be payable out of said fund on the requisition of the State Forester; provided, that nothing herein contained shall be construed to require the diversion of any funds from any particular purpose for which they were collected, allotted or budgeted if the effect of such diversion would penalize the state in retaining or securing any federal funds or federal assistance, and no funds shall be withdrawn nor expended for any purpose whatsoever unless the same shall have been allotted and budgeted in accordance with the provisions of Article 4 of Chapter 4 of Title 41 of this Code and only in the amounts and for the purposes provided by the Legislature in the general appropriation bill. (Acts 1923, No. 486, p. 638, § 13; Code 1923, §§1005, 1006; Code 1940, T. 8, §202; Acts 1945, No. 227, p. 350, §1; Acts 1951, No. 832, p. 1462, § 1.)

Ala. Code § 9-13-10 Powers of State Forestry Commission Employees as to , Prevention and Suppression of Forest Fires, Etc.

9-13-10. Powers of State Forestry Commission Employees as to , Prevention and Suppression of Forest Fires, Etc. All employees of the State Forestry Commission and all duly appointed officers of the United States whose duty it is to prevent and suppress forest fires may enter any lands and construct fire lines, fire lanes, or firebreaks, set back fires if necessary to prevent the further spread of fire then actually burning, and do all other work necessary in the performance of their duties, without liability for trespass or damage. (Acts 1939, No. 492, p. 711, § 3; Code 1940, T. 8, §206; Acts 1967, No. 724, p. 1560, § 1; Acts 1980, No. 80-507, p. 786, § 1; Act 2026-402, §1.)

Ala. Code § 9-13-10.1 Assistance of State Forestry Commission in Control and Suppression of Wildfires by Other State Agencies.

9-13-10.1. Assistance of State Forestry Commission in Control and Suppression of Wildfires by Other State Agencies. All state agencies, in the performance of their duties and responsibilities to the people of Alabama, are authorized to aid and assist the State Forestry Commission in the control and suppression of wildfires, on request of the Governor of Alabama, with such requested resources that are reasonably available and needed to cope with the specific situation. (Acts 1976, No. 102, p. 98.)

Ala. Code § 9-13-10.2 Rulemaking Authority; Violations; Enforement.

9-13-10.2. Rulemaking Authority; Violations; Enforement. (a)(1) The State Forestry Commission may adopt, alter, amend, or repeal rules governing the preservation, protection, and use of state forests and any other lands owned, leased, or otherwise controlled by the commission. (2) Any person who violates a rule adopted pursuant to this section shall be guilty of a Class C misdemeanor and shall be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500) for each offense, and may be required to pay all costs of the proceedings. (3) When collected, all fines shall be paid to the Office of the State Forester to be delivered to the State Treasurer and placed in the Alabama Forestry Commission Fund. (b) The State Forester and any employee of the State Forestry Commission so designated by the State Forester shall have and is vested with the authority to prefer charges and issue a citation against a person for violating a rule adopted pursuant to this section or for the violation of any other provision of this article. (Act 2018-462, §1.)

Ala. Code § 9-13-11 Willful, Malicious, or Intentional Burning, Etc., of Forests, Grass, Etc.; Burn Permits.

9-13-11. Willful, Malicious, or Intentional Burning, Etc., of Forests, Grass, Etc.; Burn Permits. (a) It shall be a Class C felony for any person to do either of the following: (1) Willfully, maliciously, or intentionally burn, set fire to, attempt to set fire to, or cause to be burned or any fire to be set to any forest, grass, woodlands, or other inflammable vegetation on any lands not owned, leased, controlled, or in the lawful possession of the person setting the fire or burning such lands or causing the fire to be set or lands to be burned. (2) Have in his or her possession or set, throw, or place any device, instrument, or other incendiary paraphernalia, including any time-delay incendiary device, in or adjacent to any forest, grass, woodlands, or other inflammable vegetation if the forest, grass, woodland, or other inflammable vegetation is not owned, leased, controlled, or in the lawful possession of the person possessing the device, instrument, or paraphernalia. (b) It shall be a Class B misdemeanor for any person to do any of the following: (1) Recklessly or with wanton disregard for the safety of persons or property allow a fire to escape from land owned, leased, or controlled by him or her, whereby any property of another is injured or destroyed. (2) Burn any brush, stumps, logs, rubbish, fallen timber, grass, stubble, or debris of any sort, whether on one’s own land or that of another, without taking reasonably necessary precautions, both before lighting the fire and all times thereafter to prevent the escape thereof. (3) Set fire to any brush, stumps, logs, rubbish, fallen timber, grass, stubble, or debris of any sort within or near any forest or woodland, unless the area surrounding the material to be burned is cleared of all inflammable material for a reasonably safe distance in all directions and maintained free of all inflammable material so long as such fire continues to burn. (4) Set a fire within or near any forest, woodland, or grassland without clearing the ground immediately around it free from material that will carry fire or leave such fire before the fire is totally extinguished, or start a fire in any forest, woodland, or grassland by throwing away a lighted cigar, cigarette, or match or by the use of firearms or in any other manner and leave the same unextinguished. (5) Destroy, remove, injure, or deface any fire warning or notices or deface any inscription or devices comprising such notices. (6) Conduct any prescribed burning, as defined in Section 9-13-272, without first obtaining a burn permit from the State Forestry Commission. (c) It shall be a Class A misdemeanor for any person to recklessly or with wanton disregard for the safety of persons or property burn, set fire to, attempt to set fire to, or cause to be burned or any fire to be set to any forest, grass, woodlands, or other inflammable vegetation on any lands not owned, leased, controlled, or in the lawful possession of the person setting the fire or burning such lands or causing the fire to be set or lands to be burned without the permission of the lawful owner. (d) All monies collected for any violation of this section as fines or forfeitures shall be deposited into the Alabama Forestry Commission Fund and shall be used in defraying the expense of the administration of the State Forestry Commission. (Acts 1939, No. 492, p. 711, §1; Code 1940, T. 8, §204; Acts 1943, No. 464, p. 426, §1; Acts 1980, No. 80-743, p. 1512, §1; Act 98-603, p. 1321, §1; Act 2010-603, p. 1471, §1; Act 2026-402, §1.)

Ala. Code § 9-13-11.1 Burn Permit Required for Prescribed Burning; Issuance and Revocation; False Declarations; Rulemaking Authority.

9-13-11.1. Burn Permit Required for Prescribed Burning; Issuance and Revocation; False Declarations; Rulemaking Authority. (a) For the purposes of this section, the term “prescribed burning” shall have the same meaning as defined in Section 9-13-272. (b) No person shall conduct any prescribed burning without first obtaining a burn permit from the State Forestry Commission. Burn permits shall be issued in the manner determined by rule of the State Forester. This may include issuing permits electronically. (c) A person may obtain a burn permit only if the requesting individual makes a declaration that all of the following criteria are met: (1) The person requesting the permit has adequate tools, equipment, manpower, and other resources to stay with and control the fire during the entire burning period. (2) The person requesting the permit is sufficiently skilled and responsibly able to keep the fire controlled. (3) The person requesting the permit may not allow the fire to be unattended until the fire is fully contained, meaning that the fire, and any burning or smoldering material from the fire, must be entirely within established or natural firebreaks. (d) The State Forester may decline to issue a requested burn permit under any of the following circumstances: (1) The person requesting the burn permit has in the past demonstrated reckless or irresponsible conduct while conducting prescribed burnings. Reckless or irresponsible conduct includes, but is not limited to, the person allowing multiple prescribed burnings to escape containment and cause material damage to adjacent land or require the State Forestry Commission or fire department to respond to or suppress the fire. (2) The person requesting the burn permit is seeking to conduct a prescribed burning in any area for which the State Forester has issued a wildfire alert. Under these circumstances, the State Forester shall take into account the current number of wildfires in the area and the state generally, current and projected weather conditions, the knowledge, training, and ability of the person seeking the burn permit to control and contain the prescribed burning, and any other factors relevant to determining whether issuing the requested burn permit might create an unreasonable risk of injury to individuals or property. (e) If it is determined that a burn permit was issued by the State Forestry Commission based on any false declaration by the person who requested the burn permit, any prescribed burning conducted pursuant to the false declaration and permit shall be treated as if no legal authorization has been obtained. (f) If it is determined that a burn permit was issued based on any false declaration by the person who requested the burn permit, the burn permit may be revoked by the State Forestry Commission. (g) A burn permit that has already been issued may be revoked at any time by the State Forestry Commission if any person conducting a prescribed burning fails to comply with proper prescribed burning procedures. (h) Regardless of the conduct of any person conducting a prescribed burning pursuant to an issued burn permit, the State Forestry Commission may revoke a burn permit at any time if weather or other conditions develop that may produce erratic fire or smoke behavior or other circumstances that may create an unreasonable risk of injury to individuals or property. (i) If a burn permit is revoked by the State Forestry Commission, any continuation of a prescribed burning conducted pursuant to the burn permit, except actions by the person conducting the prescribed burning to contain, suppress, or otherwise control a prescribed burning that was commenced before the burn permit was revoked, shall be treated as if no legal authorization had been obtained. (j) The State Forestry Commission may adopt rules and forms to implement and administer this chapter. (Act 2026-402, §2.)

Ala. Code § 9-13-12 Uncontrolled Fires Declared Public Nuisances; Recovery of Costs.

9-13-12. Uncontrolled Fires Declared Public Nuisances; Recovery of Costs. Any fire burning uncontrolled on any forested, cutover, brushland, or grassland area is a public nuisance by reason of its menace to life and property. Any person responsible either for the starting or the existence of a fire shall make a reasonable effort to control or extinguish the fire as soon as he or she has knowledge of the fire. Any organized fire suppression force may suppress the nuisance by controlling and extinguishing the fire, and the cost may be recovered from the person responsible for the starting or existence of the fire. (Acts 1939, No. 429, p. 711, § 2; Code 1940, T. 8, §205; Act 2026-402, §1.)

Ala. Code § 9-13-22 District Attorneys to Prosecute Violators of Provisions of Chapter.

9-13-22. District Attorneys to Prosecute Violators of Provisions of Chapter. The district attorneys of the several counties shall prosecute all violators of the provisions of this chapter. (Acts 1923, No. 486, p. 638; Code 1923, §4117; Code 1940, T. 8, §210.)

Ala. Code § 9-13-23 Jurisdiction of Prosecutions Under Chapter.

9-13-23. Jurisdiction of Prosecutions Under Chapter. The district courts of this state shall have jurisdiction to hear and determine all cases and prosecutions originating under the provisions of this chapter and shall impose and collect fines not exceeding the amount of $100.00, except as otherwise provided in this chapter. (Acts 1923, No. 486, p. 638; Code 1923, §4116; Code 1940, T. 8, §209.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026