HB538 Alabama 2012 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Randy Davis
Republican
Co-Sponsors: Mark Tuggle Kurt Wallace Barry Moore April Weaver Richard J. Laird Randy Wood Steve McMillan Chad Fincher Jack Williams Jim Carns
Session: Regular Session 2012
Title: County commission, forestry operations, use of roads, regulation by, procedures, Sec. 23-1-80.1 added (2012-20510)
Summary: HB538 lets counties require timber owners to file prior written notice before using county roads for timber operations, with penalties and limited extra permitting.
What This Bill Does
The bill authorizes a county to adopt an ordinance requiring timber owners to provide written notice before using county roads, including details about access points, routes, and responsible parties. It sets notice timing (four business days for new access, two for existing) and requires information such as maps, expected routes, acreage, dates, contractor and insurance details. Violations can trigger a warning, then a $500 daily fine, with fines going to the county road and bridge fund, and the county can seek a civil injunction; enforcement can be carried out by the county license inspector. It also limits additional notices or permits for road use, allows security after repeated citations, and provides exemptions for utilities and emergency suspensions when the governor declares a state of emergency.

Who It Affects
Timber owners and firms that own timber in unincorporated areas and plan to use county roads; they must file notice and may face fines for noncompliance.
Contractors responsible for harvesting timber and landowners who harvest their own timber; they are included in the notice requirements and enforcement.
County governments and road authorities; they gain authority to regulate notice, enforce penalties, and oversee road use related to timber operations.
Utilities that maintain clearances for facilities are exempt from these notice requirements.

Key Provisions
authorize counties to adopt ordinances requiring notice from timber owners before using county roads for timber operations
define 'timber owner' as the person or firm with title to timber delivering to wood yards or processing plants, including landowners who harvest their own timber
require notice content: map/description, access point type, routes, acreage, anticipated start date, contractor and contact information, and insurance details
specify notice timing: four business days for new access points, two business days for existing access points
limit notices to 12 months, with a possible 6-month extension upon request
establish penalties: warning followed by $500 per day for continuing violation, with fines deposited into the county road and bridge fund; allow civil injunctions
enable enforcement by the county license inspector and issuance of citations
allow security posting after three citations within 24 months
clarify that notice compliance does not waive liability for damages to roads or rights-of-way
provide exemptions for utilities and suspend notice requirements during governor-declared emergencies
prohibit other separate notices, permits, licenses, or security requirements by the county for timber road use beyond the act
set effective date as the first day of the third month after passage and governor approval

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: County Commissions