HB403 Alabama 2024 Session

Summary

Primary Sponsor

Ronald BoltonRepresentative

Republican

Session

Regular Session 2024

Title

ATV parks, provides for permitting, inspection, operation, and fines for violations

Summary

HB403 would require ATV park operators to obtain county permits, undergo inspections, and face penalties for violations.

What This Bill Does

Starting January 1, 2025, ATV parks must have a valid county permit. The permit process requires detailed information (including a $5,000,000 liability policy, an emergency services contract, maps, access-point plans, drainage impact, routes on public roads, acreage, and operator contact information) and a county engineer must inspect the site before approval. If approved, the park operates under best management practices; if not, the permit can be denied. Operating without a permit carries a $5,000 fine per day, with funds going to the county road and bridge fund, and counties can seek injunctions; enforcement is done by county license inspectors, with fines doubling for subsequent violations. The bill also creates agricultural exemptions and sets limits on permit fees (up to $50) and requires compliance with forestry BMPs, with potential state forester inspectors; permits do not authorize crossing county roads.

Who It Affects

• ATV park operators must obtain a county permit, provide required information, pay fees, and face inspections and possible fines.
• Neighboring and downstream property owners are protected by required liability insurance and indemnification, and may be affected by park activities and enforcement actions.

Key Provisions

• Requres a county permit to operate an ATV park starting January 1, 2025 (Section 2).
• Permit fee may be required but cannot exceed $50 (Section 2(b)).
• Permit applicant must submit insurance of at least $5,000,000 and other items (contract for emergency services, detailed maps, access-point information, drainage plans, routes on public roads, acreage, estimated start date, operator and insurer information, and other certifications) (Section 2(c)).
• County engineer or designee must inspect the park; if deficiencies found, the engineer provides findings and a recommendation to deny (Section 2(d)).
• Agricultural use is exempt from permit requirements; permit does not authorize crossing county roads (Section 2(e)-(f)).
• Fines of $5,000 per day for operating without a valid permit; fines go to the county road and bridge fund; counties may seek injunctions (Section 3).
• Enforcement by county license inspectors; citations for failure to obtain a permit; fines doubled for subsequent citations (Section 3).
• Operators must follow best management practices from the Alabama Forestry Commission; the county may hire state inspectors to enforce compliance (Section 4).
• Effective date and transition: act becomes effective October 1, 2024, with the permitting requirement taking effect January 1, 2025 (Section 5).

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Counties & Municipalities