SB409 Alabama 2012 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Tom Whatley
Republican
Session: Regular Session 2012
Title: County commission, forestry operations, use of roads, regulation by, procedures, Sec. 23-1-80.1 added
Summary: SB409 would let counties require timber owners to file advance notice before using county roads and establish fines for violations.
What This Bill Does
It authorizes county commissions to adopt an ordinance requiring timber owners in unincorporated areas who plan to use county roads to deliver timber to provide written notice to the county. The notice must include a map or description, whether the access point is new or existing, routes, tract acreage, expected start date, and contact and insurance information. Notice lasts 12 months and can be extended by six months; if not followed, the timber owner may receive a warning and then face a $500 per day fine, with fines deposited into the county road and bridge fund and the county able to seek a civil injunction. Enforcement would be by the county license inspector, and the act prohibits other notices or permits related to using county roads for timber; there are exemptions for utilities and emergencies, and counties maintain general authority over road matters.

Who It Affects
Timber owners (including landowners who harvest timber or contractors delivering pulpwood, logs, poles, posts, or wood chips) who plan to use county roads to move timber.
County governments and their officials (county commissions and license inspectors) who administer the notice system, enforce compliance, and collect fines.

Key Provisions
Adds Section 23-1-80.1 authorizing counties to require notice before timber use of county roads.
Notice content requirements: map/description, identification of new or existing access points, routes, tract acreage, start date, and contact/insurance information.
Timing rules: four business days' notice for new access points and two business days' notice for existing access points.
Definition of existing access point and treatment under driveway/access policies; presumption rules if a policy exists.
Notice duration is 12 months, with a possible 6-month extension upon timber owner request.
Consequences for noncompliance: warning, then $500 per day fines, with fines deposited into the county road and bridge fund and potential civil injunctions; enforcement by the county license inspector.
Prohibition on other notices, permits, or security requirements for timber road use; counties retain broad road-regulation authority and can enforce damages or other laws governing road use.
Security posting can be required after three citations within 24 months.
Exemption for utilities maintaining clearances; emergency suspensions if the Governor declares a state of emergency.
Effective date: first day of the third month after gubernatorial approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: County Commissions