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HB267 ENROLLED
Page 0
HB267
YMVPEN6-3
By Representative Sells
RFD: Agriculture and Forestry
First Read: 15-Jan-26
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First Read: 15-Jan-26
Enrolled, An Act,
Relating to the State Forestry Commission; to amend
Sections 9-3-5, 9-3-7, 9-13-3, 9-13-10, 9-13-11, 9-13-12,
9-13-140, 9-13-141, 9-13-142, 9-13-221, and 9-13-225, Code of
Alabama 1975, and to add Sections 9-3-5.1 and 9-13-11.1 to the
Code of Alabama 1975; to authorize the State Forester to earn
sick and annual leave and receive reimbursement from travel;
to remove the ability of the commission to appoint forest law
enforcement officers; to refine the procedure for obtaining a
burn permit; to provide penalties for conducting a prescribed
burn without a permit; to provide penalties for violations of
fire prevention measures in drought conditions; to require
seized vehicles and equipment to be delivered to the State
Forester or his or her designee; and to repeal Sections
9-13-5, 9-13-6, 9-13-7, 9-13-8, 9-13-9, 9-13-13, 9-13-14,
9-13-15, 9-13-24, 9-13-64, 9-13-223, and 9-13-226, Code of
Alabama 1975, which govern forest fire wardens and provide
procedures and penalties for the violation of certain fire
prevention measures.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 9-3-5, 9-3-7, 9-13-3, 9-13-10,
9-13-11, 9-13-12, 9-13-140, 9-13-141, 9-13-142, 9-13-221, and
9-13-225, Code of Alabama 1975, are amended to read as
follows:
"§9-3-5
It shall be the duty of the Alabama Forestry Commission
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It shall be the duty of the Alabama Forestry Commission
to appoint with the advice and consent of the Governor a State
Forester who shall serve as the executive secretary and
administrative officer for the commission. The person
soindividual appointed as the State Forester must have earned
a minimum of a bachelor of science degree in forestry and must
be licensed and registered under the forestry laws of Alabama
with considerable experience in the forestry field. The State
Forester shall receive a salary as fixed by the commission and
shall serve at the pleasure of the commission and shall
receive actual expenses . Notwithstanding any other provisions
of law, the State Forester shall earn and use annual and sick
leave and receive reimbursement when traveling on official
business of the commission , as if he or she were an employee
in the classified or unclassified service of the state. The
State Forester shall in no other way be subject to or receive
benefits of the state Merit System . Until otherwise provided
for by the commission, the present State Forester of the
Division of Forestry of the Department of Conservation and
Natural Resources shall continue to serve as the State
Forester under the commission. The State Forester shall devote
his or her full time to the duties of histhe office. He or she
shall be required to take the oath of office and give bond in
the sum of fifty thousand dollars ( $50,000 ).00."
"§9-3-7
(a) The commission shall have its main offices in the
City of Montgomery ; provided, that it . The commission may
establish other district or subdistrict offices and facilities
throughout the state in such places as it may deem as the
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throughout the state in such places as it may deem as the
commission deems advisable or necessary.
(b) Notwithstanding any other provisions of law, no
construction or maintenance projects involving commission
offices or facilities shall be subject to the jurisdiction or
oversight of the Division of Construction Management within
the Department of Finance unless the cost of the project
exceeds seven hundred fifty thousand dollars ($750,000). The
Division of Construction Management shall retain its authority
to adopt a uniform minimum building standards code that will
apply to such projects costing seven hundred fifty thousand
dollars ($750,000) or less. "
"§9-13-3
(a) The commission shall give such 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 suchreasonable and
practicable measures as may be reasonable and practicable to
prevent and suppress forest fires and other influences harmful
to forest growth and may apply such parts of the forestry
fundexpend monies from the Special State Forestry Fund and
other funds accruing to itthe commission as may be necessary
to implement such purposes and to providing provide such
systems of control as itthe commission may establish, either
independently or in cooperation with the federal government
and other agencies, public or private.
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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, administrative
headquarters sites 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 useexpend such funds as may
be available to itthe 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 in its judgment are the
commission deems desirable or necessary.
(2) When lands are acquired or leased under this
section, the commission is authorized to make expenditures
frommay expend any funds available to the commission and not
otherwise obligated , for the management, development , and
utilization of such areaslands, 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 have authority to make such adopt rules and regulations for
the management, administration, occupancy , and use of said
lands and all property and things of whatsoever nature therein
or thereon as it shall find necessary property in state forests
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or thereon as it shall find necessary property in state forests
and lands acquired by the commission .
(3) The commission shall have full power and authority
tomay 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 ; provided, however, that said sale,
lease or exchange shall not be contrary to the terms of any
contract which it has entered into . 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
persons individuals employed wholly or in part in carrying out
the provisions of cooperative agreements with the federal
government or other agencies, for such compensation heretofore
or hereafter paid may use suchthe contributions or receipts as
may be derived from the United States or from any private or
philanthropic source to pay the compensation of these
individuals ."
"§9-13-10
All employees of the State Forestry Commission
appointed as forest law enforcement officers by the State
Forester are hereby constituted peace officers of the State of
Alabama with full police power and may exercise such powers
anywhere within the state. They are hereby authorized to carry
firearms or other weapons when they are actually in the
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firearms or other weapons when they are actually in the
discharge of their duties as such officers as provided by law.
They shall be clothed with the power to arrest with or without
warrant any person who shall violate any of the laws of the
State of Alabama or any rule or regulation of the Alabama
Forestry Commission and take him before a proper court for
trial. 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 are empowered to enter
any lands and to construct thereon fire lines, fire lanes , or
fire breaks firebreaks , to set back fires thereon if necessary
to prevent the further spread of fire then actually burning ,
and to do all other work necessary in the performance of their
duties, including the right to enter any lands for the purpose
of making investigations for the cause or causes of fires,
without liability for trespass or damage therefrom ."
"§9-13-11
(a) It shall be a Class C felony for everyany person ,
firm, association, or corporation to do either of the
following:
(1) Willfully, maliciously , or intentionally burnsburn,
setsset fire to, attempts attempt to set fire to, or
causes 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 , firm, association, or corporation setting the fire
or burning such lands or causing the fire to be set or lands
to be burned.
(2) Shall have Have in his or her possession or shall
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(2) Shall have Have in his or her possession or shall
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 , which if the forest, grass,
woodland , or other inflammable vegetation is not owned,
leased, controlled, or in the lawful possession of the person
possessing suchthe device, instrument, or paraphernalia.
(b) It shall be a Class B misdemeanor for any person ,
firm, association, or corporation to do any of the following :
(1) Who recklessly Recklessly or with wanton disregard
for the safety of persons or property allows 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) Who shall burn 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) Who shall set 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 said material to be burned shall be 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 shall continue continues to burn ;.
(4) Who shall set Set a fire within or near any forest,
woodland, or grassland without clearing the ground immediately
around it free from material whichthat will carry fire , or
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around it free from material whichthat will carry fire , or
shall leave such fire before itthe 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) Who shall destroy Destroy , remove, injure, or deface
any fire warning or notices or deface any inscription or
devices comprising such notices ;.
(6) Who shall burn any new ground, field, grasslands,
or woodlands, or adjoining woodlands or grasslands of another
within any area which has been placed under organized forest
fire protection by the State Forestry Commission Conduct any
prescribed burning, as defined in 9-13-272(2), without first
obtaining verbal authorization a burn permit from the State
Forestry Commission by obtaining a burning permit number .
(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) (1) Burning permits may be obtained from the
district operations center when the center is in active
operation. The following criteria must be met:
a. The person requesting the permit must have adequate
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a. The person requesting the permit must have adequate
tools, equipment, and manpower to stay with and control the
fire during the entire burning period.
b. The person requesting the permit is responsible to
keep the fire confined.
c. In no case will the person requesting the permit
allow the fire to be unattended until it is dead out.
(2) Burning permits will be issued if the individual
requesting the permit states that the above criteria will be
met unless the State Forester shall declare a fire alert.
Under fire alert conditions the State Forester may allow
issuance of permits at his or her discretion, taking into
account the number of fires burning in the district, current
and projected weather conditions, the ability of the person
seeking the permit to contain the fire and that individual's
knowledge of fire behavior, and other factors which may affect
fires and fire behavior. A fire alert will be issued by the
State Forester for any district or portion of a district that
in the opinion of the State Forester, has existing conditions
which produce extraordinary danger from fire or smoke.
(3) If subsequent to issuance of a permit a lawfully
authorized fire escapes to the lands of another and an
investigation reveals that the permit holder did not meet all
the criteria as set forth above, the fire will be treated as
if no legal authorization had been obtained.
(4) A burning permit once issued may be revoked if the
person requesting the permit fails to comply with proper
burning procedures or if weather conditions develop which may
result in erratic fire or smoke behavior.
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result in erratic fire or smoke behavior.
(e) An area shall be deemed legally placed under
organized forest fire protection by the State Forestry
Commission of the State of Alabama upon proclamation of the
State Forester. Such proclamation shall describe the lands
placed in said area and shall be published once a week for two
consecutive weeks in a newspaper published in the county where
the lands composing said area are located. If there are no
newspapers published in the county where said lands are
located, then said proclamation shall be published in a
newspaper of an adjoining county. In the event the lands
composing said area are located in more than one county, such
proclamation shall be so published in a newspaper in each
county where said lands are located. Beginning with the
twelfth day after the first publication of said proclamation
in said newspaper or newspapers, the lands described in the
proclamation shall be deemed in an area under organized forest
fire protection. Upon the trial of any person, firm, or
corporation for the violation of any provision of this
section, a certified copy of said proclamation executed by the
State Forester shall be admissible in evidence and shall be
conclusive evidence of the fact that the lands described in
said proclamation constitute an area under organized forest
fire protection within the meaning of this section.
(f)(d) All moneys monies collected for any violation of
this section as fines , or forfeitures , etc., shall go tobe
deposited into the Alabama Forestry Commission Fund and shall
be used in defraying the expense of the administration of
suchthe State Forestry Commission."
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suchthe State Forestry Commission."
"§9-13-12
Any fire burning uncontrolled on any forested, cutover,
brushland , or grassland area is hereby declared to be a public
nuisance by reason of its menace to life and property. Any
person , firm, association or corporation responsible either
for the starting or the existence of sucha fire is hereby
required to shall make a reasonable effort to control or
extinguish itthe fire as soon as he or she has knowledge
thereof, and if such person, firm, association or corporation
shall refuse or neglect to do so, any of the fire. Any
organized fire suppression force may suppress the nuisance
thus constituted by controlling and extinguishing the fire,
and the cost thereof may be recovered from saidthe person ,
firm, association or corporation responsible for the starting
or existence of suchthe fire."
"§9-13-140
Whenever conditions exist in any county or counties in
this state which produce extraordinary danger from fire, the
State Forestry Commission, with approval of the Governor, may
by regulation declare order, declare a drought wildfire
emergency condition in suchthe county or counties."
"§9-13-141
At such time as the State Forestry Commission has
declared by regulation a drought wildfire emergency in any
county or counties, it shall be unlawful in suchthe county or
counties for any person to set fire to any forest, grass,
woods, wildlands , or marshes or to build a campfire or bonfire
or to burn trash or other material that may cause a forest,
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or to burn trash or other material that may cause a forest,
grass, or woods fire. This prohibition does not apply to any
backfire set by an official representative or agent of the
State Forestry Commission. Nor does this prohibition apply
when a backfire is set by any person for the purpose of saving
life or property ;, provided , that suchthe person shall have
the burden of proving the necessity for setting suchthe
backfire if he or she claims same as a defense."
"§9-13-142
Any person violating any provision of this article
shall be guilty of a Class B misdemeanor and, upon conviction
thereof, shall be fined not less than $250.00 nor more than
$500.00 and, at the discretion of the court, may be sentenced
to the county jail for a period not exceeding six months ."
"§9-13-221
(a) It shall be the duty of any sheriff, policeman,
forestry officer, police officer, or other peace officer or law
enforcement officer in the State of Alabama , who is arresting
any person who is charged with violating or attempting to
violate Section 9-13-60 or any felony laws of the State of
Alabama involving timber or forest products or transactions
pertaining thereto, to seize any vehicle and equipment used,
which is in the possession or under control of the person or
persons charged with violating the laws, and to deliver any
suchthe seized vehicle and equipment, to the regional forester
of the forestry region in which the arrest is made State
Forester or his or her designee . The person receiving any
vehicle and equipment from the arresting officer shall keep
itthe vehicle and equipment in a safe place and in as good
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itthe vehicle and equipment in a safe place and in as good
condition as when received, until disposed of as hereinafter
provided .
(b) The seizure of vehicles and equipment provided in
this section is authorized only when the arrest is for a crime
involving the theft of timber harvesting equipment or the
parts thereof, the harvesting, removal, transportation, or
disposal of any forest products, or any other transactions
related to forest products or timber harvesting equipment or
any part or parts from timber harvesting equipment."
"§9-13-222
Within five days after the arrest or final conviction
of any person for violating Section 9-13-60 or any felony laws
of the State of Alabama outlined described in this
article Section 9-13-221 , the person receiving possession of who
seizes any vehicle and equipment, seized as aforesaid as
required by Section 9-13-221 , shall report the seizure and
detention of the vehicle and equipment to the district
attorney or other prosecuting official, giving a full
description of suchthe vehicle and equipment, any
identification number, make and model thereof , the name of the
person in whose possession itthe vehicle or equipment was
found when seized, the person, if any, making claim to samethe
vehicle or equipment or any interest therein in the vehicle or
equipment if the name can be ascertained or is known, and the
date and place of the seizure , and a statement of the
circumstances surrounding the seizing of the property."
"§9-13-225
(a) When any judgment of condemnation or forfeiture is
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(a) When any judgment of condemnation or forfeiture is
made in any case filed under the provisions of this section,
the judge making suchthe judgment shall order and direct that
saidthe seized vehicle and equipment be forfeited or awarded
to the State Forester to be sold or used by him in the
enforcement of the law the Alabama Forestry Commission or sold
pursuant to Section 9-3-22 .
(b) And said order, in the event that If no appeal is
taken within 15 days from the rendition thereof, after the
order is made, the order shall be carried out and executed.
The court, at its discretion, shall direct in said judgment
that the cost of the proceedings be paid by the
person(s) person or persons in whose possession saidthe vehicle
and equipment were found when seized, or by any party or
parties that claim to own saidthe vehicle and equipment, or
any interest therein, and who contested the condemnation and
forfeiture thereof . The State Forester shall keep a permanent
record of all such vehicles and equipment forfeited and
awarded to him as provided for herein, to the State Forester
and the vehicles and equipment shall be accounted for as other
public property."
Section 2. Sections 9-3-5.1 and 9-13-11.1 are added to
the Code of Alabama 1975, to read as follows:
§9-3-5.1
The State Forester may declare, by order, a wildfire
alert whenever, in his or her opinion, existing weather or
other conditions produce a heightened level of danger from
fire or smoke. The wildfire alert may be issued for the
entirety of the state or for designated portions of the state.
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entirety of the state or for designated portions of the state.
§9-13-11.1
(a) For the purposes of this section, the term
"prescribed burn" shall have the same meaning as defined in
Section 9-13-272.
(b) No person shall conduct any prescribed burn 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 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 burns. Reckless or irresponsible conduct
includes, but is not limited to, the person allowing multiple
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includes, but is not limited to, the person allowing multiple
prescribed burns 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 burn 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 burn, 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 burn 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 burn fails to comply with
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person conducting a prescribed burn fails to comply with
proper prescribed burning procedures.
(h) Regardless of the conduct of any person conducting
a prescribed burn pursuant to an issued burn permit, the State
Forestry Commission may revoke a burn permit at any time if
weather or other conditions develop which 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 burn conducted
pursuant to the burn permit, except actions by the person
conducting the prescribed burn to contain, suppress, or
otherwise control a prescribed burn 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.
Section 3. Sections 9-13-5, 9-13-6, 9-13-7, 9-13-8, and
9-13-9, Code of Alabama 1975, providing for the appointment,
duties, and compensation of forest fire wardens; Sections
9-13-13, 9-13-14, and 9-13-15, Code of Alabama 1975,
prohibiting certain conduct as a precaution against the spread
of fire; and Sections 9-13-24, 9-13-64, 9-13-223, and
9-13-226, Code of Alabama 1975, establishing the powers and
duties of employees, fees for arresting officers, and
procedures regarding the reporting of and award of property
after timber theft, are repealed.
Section 4. This act shall become effective on October
1, 2026.
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HB267 Enrolled
Page 18
1, 2026.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 05-Feb-26, as amended.
John Treadwell
Clerk
Senate 01-Apr-26 Passed
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