Administration of School Lands, Swamp and Overflowed Lands, Etc.

Ala. Code tit. 9, ch. 15, art. 2

in effect

Ala. Code § 9-15-30 Title to Swamp and Overflowed Lands and Swamp and Overflowed Indemnity Lands Patented to State by Federal Government; Utilization, Disposition, Etc., of Same Generally.

9-15-30. Title to Swamp and Overflowed Lands and Swamp and Overflowed Indemnity Lands Patented to State by Federal Government; Utilization, Disposition, Etc., of Same Generally. (a) Title to all lands of the swamp and overflowed category or swamp and overflowed indemnity lands, which are, subsequent to September 5, 1951, patented to the State of Alabama by the federal government and recorded in the office of the Secretary of State, shall be vested in the Division of Lands of the Department of Conservation and Natural Resources. (b) The Commissioner of Conservation and Natural Resources shall utilize such lands for the purpose or purposes which he deems to be most expedient and beneficial. He is hereby authorized to practice forestry upon such lands and may lease such lands for the exploration or extraction of oil, gas or other minerals. Said land shall be supervised and managed in the same manner as other lands which are under the supervision of the Department of Conservation and Natural Resources are managed. (c) The Commissioner of Conservation and Natural Resources shall have the authority, with the approval of the Governor, to sell, lease, exchange or otherwise dispose of these lands as he may deem advisable. (d) The revenue derived from the sale, lease, management or utilization of such lands shall be covered into the State Treasury by the Commissioner of Conservation and Natural Resources to the credit of either the State Lands Fund, the Forestry Commission Fund or State Park Fund as the Commissioner of Conservation and Natural Resources deems appropriate and for the best interest of the Department of Conservation and Natural Resources. (e) This section is not intended to and does not transfer or affect title to those lands of this category or nature which have been previously patented to the state and which have been recorded in the office of the Secretary of State. Such titles shall remain vested in the institution or department in which they are at present vested. (Acts 1951, No. 709, p. 1247, §§1-5.)

Ala. Code § 9-15-31 Management and Supervision of School Lands, Swamp and Overflowed Lands, Etc.

9-15-31. Management and Supervision of School Lands, Swamp and Overflowed Lands, Etc. The Commissioner of Conservation and Natural Resources is hereby expressly authorized and empowered to have complete management of, and supervision over lands which are known as school lands, as defined by Section 16-20-1, which lands are vested in or which may hereafter be vested in the State of Alabama in trust for the use of schools, lands which are known as swamp and overflowed lands, which are now or which may hereafter be owned by the State of Alabama, the Salt Springs Lands reservation and any lands that may have been or may be deeded to the Department of Conservation and Natural Resources by the Director of the Department of Revenue and of all papers, documents and records relating thereto, except those which are required by law to be kept in the office of the Secretary of State. (Acts 1915, No. 76, p. 217, §1; Acts 1939, No. 581, p. 949, §1; Code 1940, T. 8, §232.)

Ala. Code § 9-15-32 Land Clerk - Qualifications and Appointment.

9-15-32. Land Clerk - Qualifications and Appointment. The Commissioner of Conservation and Natural Resources shall appoint a land clerk, with the approval of the Governor, who has had experience in dealing with public lands and who understands the system of survey and platting of the public lands of the United States. (Acts 1915, No. 76, p. 217, §2; Acts 1923, No. 600, p. 789, §21; Code 1923, §1503; Acts 1939, No. 107, p. 139, §1; Code 1940, T. 8, §233.)

Ala. Code § 9-15-33 Land Clerk - Examination, Etc., of Lands.

9-15-33. Land Clerk - Examination, Etc., of Lands. Whenever in the judgment of the Governor or the Commissioner of Conservation and Natural Resources it is proper that any of the lands described in Sections 9-15-31 and 9-15-32 should be examined or evidence obtained for the protection of any of these lands, the land clerk may be sent to make such examination or to obtain such evidence, and his actual expenses shall be paid upon his filing with the Director of the Department of Conservation and Natural Resources a statement thereof by items and duly verified. (Acts 1915, No. 76, p. 217, §3; Code 1923, §1504; Acts 1939, No. 162, p. 255; Code 1940, T. 8, §234.)

Ala. Code § 9-15-34 Institution, Etc., of Practice of Forestry and Enforcement of State Fire and Trespass Laws - School Lands.

9-15-34. Institution, Etc., of Practice of Forestry and Enforcement of State Fire and Trespass Laws - School Lands. The Commissioner of Conservation and Natural Resources is hereby empowered to have forestry practiced upon school lands, to supervise and inaugurate sound practices of forestry thereon, to put into effect and enforce state fire and timber trespass laws on said lands and to do all things which in his opinion he deems advisable to be done for the best interests of the state concerning school lands. (Acts 1939, No. 581, p. 949, §2; Code 1940, T. 8, §235.)

Ala. Code § 9-15-35 Institution, Etc., of Practice of Forestry and Enforcement of State Fire and Trespass Laws - Swamp and Overflowed Lands.

9-15-35. Institution, Etc., of Practice of Forestry and Enforcement of State Fire and Trespass Laws - Swamp and Overflowed Lands. The Commissioner of Conservation and Natural Resources is hereby empowered to have forestry practiced upon swamp and overflowed lands, to supervise and inaugurate sound practices of forestry thereon, to put into effect and enforce state fire and timber trespass laws on said lands and to do all things which in his opinion he deems necessary to be done to promote the growth of timber thereon and to do all things which in his opinion he deems advisable to be done for the best interests of the state concerning said lands. (Acts 1939, No. 581, p. 949, §6; Code 1940, T. 8, §238.)

Ala. Code § 9-15-36 Leasing of School Lands.

9-15-36. Leasing of School Lands. With the approval of the Governor, the Commissioner of Conservation and Natural Resources is hereby authorized to rent or lease school lands upon such terms as he deems advisable, and he is also hereby authorized and empowered to rent or lease school lands for the purposes of prospecting for oil or gas upon such lands and to execute contracts for the sale of oil or gas from school lands, upon such terms and for such prices or royalties as he may deem to be for the best interests of the state. The Commissioner of Conservation and Natural Resources, with the approval of the Governor, is also hereby authorized to lease school lands for the purpose of mining or removing therefrom coal, iron and other minerals, other than oil or gas, upon a royalty basis and may include rights-of-way therein or easements over or upon such lands as may be deemed necessary or convenient to the operation or conduct of any mine or mining operation under such lease. (Acts 1939, No. 581, p. 949, §3; Code 1940, T. 8, §236; Acts 1945, No. 385, p. 604, §1.)

Ala. Code § 9-15-37 Institution of Civil Actions to Clear Title to School Lands, Etc.; Cruising of Timber, Surveying of Lands, Investigation of Claims to Lands, Etc.

9-15-37. Institution of Civil Actions to Clear Title to School Lands, Etc.; Cruising of Timber, Surveying of Lands, Investigation of Claims to Lands, Etc. The Commissioner of Conservation and Natural Resources is hereby authorized and empowered to present civil actions in the name of the State of Alabama to clear title to school lands or for any other purposes for the protection of such lands. The Commissioner of Conservation and Natural Resources shall be further empowered to have the timber on school lands cruised, the land surveyed, claims to said lands investigated, the title cleared in any legal manner which he may deem advisable and to do such other things regarding school lands which in his opinion shall be for the best interests of said lands in the supervision and management of them. (Acts 1939, No. 581, p. 949, §4; Code 1940, T. 8, §237.)

Ala. Code § 9-15-38 Sales of Timber or Minerals from School or Swamp and Overflowed Lands.

9-15-38. Sales of Timber or Minerals from School or Swamp and Overflowed Lands. The Commissioner of Conservation and Natural Resources may sell or cause to be sold timber from school lands, swamp and overflowed lands, and other lands under the jurisdiction of the State Lands Division, or minerals from school lands or swamp and overflowed lands, when in his or her opinion the timber or minerals is of merchantable quality and quantity. Notice of the sale of the timber or minerals shall be first advertised once a week for two successive weeks in a newspaper published in the county where the timber or minerals are to be sold, and the notice shall also be posted in a public place in the county. The notice shall describe the timber or minerals to be sold and the amount and quality of the timber or minerals to be sold and shall call for bids for the purchase price thereof. The notice shall further contain the date upon which the bids shall be received and the date of the sale. If there are no newspapers published in the county where the sale is to be made, then the notice as described above shall be published in a newspaper of an adjoining county. After the bids are received as provided for under this section, the Commissioner of Conservation and Natural Resources may sell the timber or minerals to the highest bidder; but, if in his or her opinion the highest bid received is not a fair or reasonable price for the timber or minerals, he or she may readvertise the sale or he or she may continue to hold the timber or minerals until a future time when he or she may again advertise the sale; provided, that the Commissioner of Conservation and Natural Resources may sell on a negotiated basis timber, the value of which does not exceed fifty thousand dollars ($50,000), from school lands, swamp and overflowed lands, or other lands under the jurisdiction of the State Lands Division when the timber has been damaged or is in a diseased condition, as determined by the State Lands Division, or when it is necessary to remove the timber for right-of-way, construction, or mining purposes. (Acts 1939, No. 581, p. 949, §7; Code 1940, T. 8, §239; Acts 1963, No. 528, p. 1140, §1; Act 2006-582, p. 1532, §1.)

Ala. Code § 9-15-39 Disposition of Revenues from Sales of Timber or Minerals or from Rentals or Leases - School Lands.

9-15-39. Disposition of Revenues from Sales of Timber or Minerals or from Rentals or Leases - School Lands. The revenue derived from any sale of timber or minerals from, or rental or lease of, any school lands shall be paid by the Commissioner of Conservation and Natural Resources to the Treasurer to be deposited to the credit of the proper township or townships as provided for by the constitution and laws of Alabama, except that there shall be retained by the Lands Division of the Department of Conservation and Natural Resources a management fee of 10 percent of any and all revenue. An itemized statement of the revenue derived from the sale or lease shall be immediately forwarded by the Commissioner of Conservation and Natural Resources to the State Superintendent of Education, and the statement shall show the items of sale, the amount of revenue derived therefrom, and a description of the land from which the sale or lease was made. The Superintendent of Education, upon receipt of the itemized statement, shall immediately cause a report to be transmitted to the Treasurer showing which township or townships shall receive credit for the revenue and the amount of credit which shall be made thereto. (Acts 1939, No. 581, p. 949, §8; Code 1940, T. 8, §240; Acts 1993, No. 93-631, p. 1077, §2.)

Ala. Code § 9-15-40 Disposition of Revenues from Sales of Timber or Minerals or from Rentals or Leases - Swamp and Overflowed Lands.

9-15-40. Disposition of Revenues from Sales of Timber or Minerals or from Rentals or Leases - Swamp and Overflowed Lands. The revenue derived from any sale of timber or minerals from, or rental or lease of, any swamp and overflow land owned by the Department of Mental Health shall be paid by the Commissioner of Conservation and Natural Resources to the Department of Mental Health, except that there shall be retained by the Lands Division of the Department of Conservation and Natural Resources a management fee of 10 percent of all revenue. (Acts 1939, No. 581, p. 949, §9; Code 1940, T. 8, §241; Acts 1993, No. 93-631, p. 1077, §2.)

Ala. Code § 9-15-41 Sales of School Lands - Authorized.

9-15-41. Sales of School Lands - Authorized. School land, as defined by Section 16-20-1, may be sold or exchanged for other lands by the Commissioner of Conservation and Natural Resources with the approval of the Governor and the State Superintendent of Education under the terms and conditions provided for in this article. (Acts 1939, No. 581, p. 949, §10; Code 1940, T. 8, §242.)

Ala. Code § 9-15-42 Sales of School Lands - Issuance of Patents to Purchasers.

9-15-42. Sales of School Lands - Issuance of Patents to Purchasers. All persons purchasing said lands shall be entitled to a patent to said lands, and the Governor of Alabama, if he deems advisable, when presented with the approval of the Commissioner of Conservation and Natural Resources and the State Superintendent of Education shall cause patents to be issued to those purchasing said lands. Such patent shall vest a fee simple title in the grantee named therein. (Acts 1939, No. 581, p. 949, §11; Code 1940, T. 8, §243.)

Ala. Code § 9-15-43 Sales of School Lands - Disposition of Revenues from Sales.

9-15-43. Sales of School Lands - Disposition of Revenues from Sales. Any revenue derived from the sale of school lands shall be paid by the Commissioner of Conservation and Natural Resources to the Treasurer to be deposited to the proper township or townships as provided for by the Constitution and laws of Alabama. A report of such sale shall be immediately forwarded by the Commissioner of Conservation and Natural Resources to the State Superintendent of Education, and such report shall show an accurate and legal description of the lands sold. The Superintendent of Education upon receipt of such report shall immediately cause a memorandum to be transmitted to the Treasurer showing which township or townships shall receive credit from such sale and the amount of credit which shall be made thereto. (Acts 1939, No. 581, p. 949, §13; Code 1940, T. 8, §245.)

Ala. Code § 9-15-44 Exchanges of School Lands.

9-15-44. Exchanges of School Lands. The Commissioner of Conservation and Natural Resources is hereby authorized to exchange school lands for other lands of equal value, with the approval of the Governor and the State Superintendent of Education. The Commissioner of Conservation and Natural Resources shall have the title to the land to be received by the state examined; and, if in his opinion said title is without defect, he shall so certify to the Governor and, provided the Governor and the State Superintendent of Education approve, the Governor shall cause patents to be issued to those exchanging said lands. Such patent shall vest a fee simple title in the grantee named therein. The title to the land received in exchange for school land shall be in the State of Alabama in trust for the use of schools and shall be classified as school land as defined by law. (Acts 1939, No. 581, p. 949, §12; Code 1940, T. 8, §244.)

Ala. Code § 9-15-45 Leases, Exchanges or Sales of Swamp and Overflowed Lands.

9-15-45. Leases, Exchanges or Sales of Swamp and Overflowed Lands. Swamp and overflowed lands may be leased, exchanged or sold by the Commissioner of Conservation and Natural Resources with the approval of the State Department of Mental Health. (Acts 1939, No. 581, p. 949, §14; Code 1940, T. 8, §246.)

Ala. Code § 9-15-46 Issuance of Patents to Purchasers of Swamp and Overflowed Lands.

9-15-46. Issuance of Patents to Purchasers of Swamp and Overflowed Lands. All persons purchasing said lands shall be entitled to a patent to said lands, and the Governor of Alabama, when presented with the approval of the Commissioner of Conservation and Natural Resources and State Department of Mental Health, shall cause patents to be issued to those purchasing said lands. Such patent shall vest a fee simple title in the grantee named therein. (Acts 1939, No. 581, p. 949, §15; Code 1940, T. 8, §247.)

Ala. Code § 9-15-47 Disposition of Revenue from Sales, Etc., of Swamp and Overflowed Lands.

9-15-47. Disposition of Revenue from Sales, Etc., of Swamp and Overflowed Lands. Any revenue derived from the sale or adjustment of any swamp and overflowed lands as provided in this article shall be paid by the Commissioner of Conservation and Natural Resources to the State Department of Mental Health. (Acts 1939, No. 581, p. 949, §17; Code 1940, T. 8, §249.)

Ala. Code § 9-15-48 Claims of Title to Swamp and Overflowed Lands.

9-15-48. Claims of Title to Swamp and Overflowed Lands. All persons claiming title to any swamp and overflowed lands in this state under any alleged purchase or through any chain of title may submit their claims to the Commissioner of Conservation and Natural Resources together with such evidence of purchase or claim, whereupon the Commissioner of Conservation and Natural Resources shall have such claim examined and investigated as he may see fit; and, if it is found that the state has parted with its title to such lands in a legal and effective way, the Commissioner of Conservation and Natural Resources shall so determine and shall certify same to the Governor and the State Department of Mental Health; but, if the Commissioner of Conservation and Natural Resources shall determine that the state has not parted with its title to such lands in a legal or effective way but that equity and justice shall be better served by a settlement with the claimant, he is hereby empowered to settle and adjust such title upon such terms as he may consider just and proper. Upon such adjustment he shall certify such adjustment to the Governor and the State Department of Mental Health, and the Governor shall cause a patent to be issued to the claimant, under the seal of the state, to the lands covered by such certificate, and such patent shall vest a fee simple title in the grantee named in such patent. (Acts 1939, No. 581, p. 949, §16; Code 1940, T. 8, §248.)

Ala. Code § 9-15-49 Corrections of Errors in Records Pertaining to School or Swamp and Overflowed Lands - When Required.

9-15-49. Corrections of Errors in Records Pertaining to School or Swamp and Overflowed Lands - When Required. For the purpose of facilitating the management and supervision of school lands and swamp and overflowed lands, upon the submission to the Secretary of State of legal and effective proof of any error or mistake, either of omission or commission, in any of the records in his office which pertain to such lands and which said proof is deemed by the Secretary of State to be adequate and sufficient, it shall be mandatory upon him to correct such errors or mistakes in his records and make a record of what any such correction consists. (Acts 1939, No. 581, p. 949, §18; Code 1940, T. 8, §250.)

Ala. Code § 9-15-50 Corrections of Errors in Records Pertaining to School or Swamp and Overflowed Lands - File of Proof Submitted.

9-15-50. Corrections of Errors in Records Pertaining to School or Swamp and Overflowed Lands - File of Proof Submitted. The Secretary of State shall maintain a file in his office where he shall keep copies of the proof submitted for the correction of errors or mistakes as provided for in this article. (Acts 1939, No. 581, p. 949, §19; Code 1940, T. 8, §251.)

Ala. Code § 9-15-51 Corrections of Errors in Records Pertaining to School or Swamp and Overflowed Lands - Certifications of Corrected Records.

9-15-51. Corrections of Errors in Records Pertaining to School or Swamp and Overflowed Lands - Certifications of Corrected Records. After the correction of any error or mistake in any record which pertains to such lands, the Secretary of State, in any subsequent certification of a corrected record, shall certify the corrected record, which record, so corrected, shall have the same weight and authority as any other certification by the Secretary of State. The Secretary of State shall show in his certification that the record has been corrected, and such correction shall presumptively be properly made. (Acts 1939, No. 581, p. 949, §20; Code 1940, T. 8, §252.)

Ala. Code § 9-15-52 Sale or Leasing of Sand or Gravel on Public Water Bottoms and Certain State Lands - Negotiation, Consummation and Administration of Contracts, Leases, Etc.

9-15-52. Sale or Leasing of Sand or Gravel on Public Water Bottoms and Certain State Lands - Negotiation, Consummation and Administration of Contracts, Leases, Etc. All contracts, leases, and agreements for the sale of sand and gravel from the lands of the state which are not owned, occupied, or held in trust by or assigned or dedicated to any department, agency, or institution and from the public water bottoms of the State of Alabama shall be negotiated, consummated, and administered by the Commissioner of Conservation and Natural Resources, acting through the Lands Division of the Department of Conservation and Natural Resources, which division shall receive as the cost of administration 10 percent of all revenues accruing from the sale of sand and gravel or royalties resulting from sand and gravel leases. (Acts 1953, No. 737, p. 1000, §§1, 2; Acts 1993, No. 93-631, p. 1077, §2.)

Ala. Code § 9-15-53 Sale or Leasing of Sand or Gravel on Public Water Bottoms and Certain State Lands - Disposition and Expenditure of Revenues.

9-15-53. Sale or Leasing of Sand or Gravel on Public Water Bottoms and Certain State Lands - Disposition and Expenditure of Revenues. The revenues, including royalties, derived from the sale of sand and gravel or from leases for the purposes of the removal of sand and gravel from the public water bottoms of the State of Alabama and from the lands of the state which are not owned, occupied or held in trust by or assigned or dedicated to any department, agency or institution, less the cost of administration of such sales or leases shall be deposited into the State Treasury to the credit of the State Park Fund and shall be expended only for the Division of Parks in such manner and such amounts as may be provided by the Legislature in the general appropriation bill and pursuant to the provisions of Article 4 of Chapter 4 of Title 41 of this code. (Acts 1953, No. 737, p. 1000, §§1, 4; Acts 1959, No. 32, p. 437.)

Ala. Code § 9-15-54 Release of Sand for Use in Beach Project.

9-15-54. Release of Sand for Use in Beach Project. Notwithstanding any other provision of this title, in the event a beach project to be undertaken by a coastal municipality as permitted by the Commissioner of the Department of Conservation and Natural Resources pursuant to Section 9-15-56 requires the use of sand from the public water bottoms of the State of Alabama, spoil sand from state-owned spoil sites, or spoil sand otherwise owned by the state, or any combination of the sands, the commissioner, acting through the Lands Division of the department, shall release to the coastal municipality for use in the beach project without fee, cost, or charge those quantities of sand from those specified public water bottoms of the State of Alabama, of spoil sand from those specified state-owned spoil sites, and of spoil sand otherwise owned by the state as are identified in the beach project permit of the commissioner issued pursuant to Section 9-15-56. No such sand shall be released, however, if the commissioner finds that the beach project as proposed cannot be established and maintained without a materially adverse impact on adjacent or abutting riparian or littoral landowners, on the public water bottoms, or on the fish, shellfish, and wildlife resources of the state. (Act 2000-676, p. 1365, §1.)

Ala. Code § 9-15-55 Retention by State of Title to Certain Filled Lands; Rights of Access.

9-15-55. Retention by State of Title to Certain Filled Lands; Rights of Access. (a) The state shall retain title to any lands of the state lying seaward of the mean high tide line that are filled in the course of a beach project undertaken by a coastal municipality pursuant to Article 11 of Chapter 47 of Title 11 with the permit of the Commissioner of the Department of Conservation and Natural Resources as provided in Section 9-15-56. (b) The title to additional filled lands shall be retained by the state to the extent that the proportions of any state-owned lands filled in the course of a permitted beach project undertaken by a coastal municipality are subsequently increased seaward by accretion or any other natural or artificial fill process. (c) Notwithstanding any rule of decision or principle of common law recognized prior to May 23, 2000, the retention of title by the state pursuant to this section shall be recognized regardless of the participation, consent, or objection of adjacent or abutting riparian or littoral landowners with respect to the filling or with respect to the beach project. (d) Any riparian or littoral landowner who as a result of the construction of a beach project and the operation of this section ceases to be a holder of title to the resulting mean high tide line shall be entitled to all statutory and common-law riparian or littoral rights of access to the mean high tide line across the state-owned lands filled in the course of a permitted beach project or by subsequent natural or artificial fill process, including, without limitation, access rights for ingress, egress, boating, bathing, and fishing. The exercise of such rights of access shall be subject to reasonable regulation by the coastal municipality with the concurrence of the commissioner, acting through the Lands Division of the department, for the purpose of protection, stabilization, and maintenance of beach project sand and sand stabilization structures and vegetation. (Act 2000-676, p. 1365, §1.)

Ala. Code § 9-15-56 Application for Beach Project; Issuance of Permit.

9-15-56. Application for Beach Project; Issuance of Permit. (a) Upon application by a coastal municipality, the Commissioner of the Department of Conservation and Natural Resources, acting through the Lands Division of the department, shall issue a permit for the construction and maintenance of a beach project by the coastal municipality under the authority of Article 11 of Chapter 47 of Title 11, provided all of the requirements of this section shall have been satisfied. (b) The application for a beach project shall contain, at a minimum, all of the following: (1) A detailed description of the location, dimensions, and design features of the proposed beach project. (2) A copy of the survey, map, metes and bounds description, or plane coordinate references adopted by the governing body of the coastal municipality as identifying the location of the mean high tide line and the locations of the limits of the landward and seaward extensions of the proposed beach project relative to both the mean high tide line and the construction control line, if any, established by the Alabama Department of Environmental Management, the coastal municipality, or both, for the area in which the proposed beach project is to be located. (3) Adequate engineering, geological, and other scientific data concerning shoreline topography, shoreline stability, and the potential impact of the proposed beach project on the beach-dune system. (4) A description of the quantities of sand from the public water bottoms of the State of Alabama, spoil sand from state-owned spoil sites, and spoil sand otherwise owned by the state, if any, required for the construction of the proposed project, an identification of the site or sites from which sand is proposed to be obtained from public water bottoms, state-owned spoil sites, or spoil sites containing state-owned sand for the proposed beach project, an identification of the method or methods by which sand is proposed to be relocated from public water bottoms or spoil sites to the proposed beach project, and adequate engineering data concerning the type and quantities of sand available at the site or sites from which sand is proposed to be removed. (5) Any other supporting information or technical analysis as may be reasonably required for the commissioner to evaluate the design of the proposed beach project and its impact on the beach-dune system. (c) The commissioner, in conjunction with the Director of the Alabama Department of Environmental Management, shall schedule and conduct an information or public meeting or a public hearing on the application proposed for a beach project at a location within the county where the beach project is to be located in whole or in part. Notice of the meeting or hearing shall be given by publication in a daily or weekly newspaper of general circulation within the county where the proposed beach project is to be located in whole or in part at least 30 days before the meeting or hearing. Copies of the notice of the meeting or hearing shall also be provided to the United States Army Corps of Engineers, the United States Fish and Wildlife Service, and the National Marine Fisheries Service. (d) If all of the requirements of this section have been satisfied and if all necessary licenses, permits, and approvals of any and all state and federal agencies having jurisdiction have been obtained, the commissioner shall issue a permit for the proposed beach project, with or without the imposition of additional requirements, conditions, or limitations. The commissioner shall not issue a permit for a proposed beach project unless the Director of the Alabama Department of Environmental Management has issued a certificate of compliance or a notice of the determination that the proposed beach project is not subject to the Alabama Coastal Area Management Program. No permit shall be issued if the commissioner finds that the beach project as proposed cannot be established and maintained without a materially adverse impact on adjacent or abutting riparian or littoral landowners, on the public water bottoms, or on the fish, shellfish, and wildlife resources of the state. Unless conducted with the consent of abutting landowners, beach projects as defined in Section 11-47-250 shall only be permitted along beaches which have suffered the loss of a significant percentage of beachfront depth as a result of historically demostrable beach recessional trends, or as a result of natural storm damage erosion of pre-storm beachfront depth, or both, with significant damage to public or private structures likely to occur if the beach project is not undertaken. Beach projects shall not be permitted on beaches with no substantial erosion as a result of a demonstrated recessional trend or storm damage as herein defined. (e) If the commissioner determines that the location of the mean high tide line as identified in the application is incorrect, the issuance of the permit shall be conditioned on the amendment of the application and the design of the proposed beach project to reflect the correct identification of the mean high tide line as determined by the commissioner. The issuance of a permit by the commissioner for a proposed beach project shall constitute a ratification and confirmation on behalf of the state of the location of the mean high tide line as identified in the application for the proposed beach project as approved. Upon the issuance of the permit, the governing body of the coastal municipality shall cause to be recorded with the office of the judge of probate in the county or counties within which the beach project is to be located a certified copy of the survey, map, metes and bounds description, or plane coordinate references identified in the approved application as identifying the location of the mean high tide line within the area on which the beach project is to be located. (Act 2000-676, p. 1365, §1.)

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