SB119 • 2026

Dredging; coastal areas, dredged materials required to be beneficially used by persons dredging certain amounts

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Elliott
Last action: 2026-01-13
Official status: Pending Committee Action in House of Origin
Effective date: Not listed

Plain English Breakdown

The bill text states it becomes effective on October 1, 2026, but the official status metadata indicates 'Pending Committee Action,' suggesting a discrepancy between the draft text and current legislative progress.

SB119: Rules for Using Dredged Material in Coastal Areas

This bill requires people who dredge more than one million cubic yards of material annually from Alabama's coastal areas to ensure at least 70 percent of that material is beneficially used.

What This Bill Does

Requires anyone digging up more than one million cubic yards of material in a year along the coast to use at least 70 percent of it productively.
Defines 'beneficially used' as using dredged material for fish and wildlife habitat development, human recreation, or industrial and commercial uses.
States that putting dredged material into public waters is not considered beneficial unless it is part of a shoreline restoration or marsh creation project.
Orders the Alabama Department of Environmental Management and the Alabama Department of Conservation and Natural Resources to write rules to manage these requirements.
Allows the Governor to pause this rule during an emergency by issuing an order that specifically mentions this law.

Who It Names or Affects

Companies or individuals who dredge more than one million cubic yards of material annually in coastal areas
The Alabama Department of Environmental Management
The Alabama Department of Conservation and Natural Resources

Terms To Know

Beneficially Used: Using dredged material for positive purposes like building habitats, recreation areas, or commercial projects. It does not include dumping in public waters unless it is part of a shoreline restoration or marsh creation project.
Marsh Creation: Placing material into public waters to build new wetlands, islands, or marsh habitats on that site.
Shoreline Restoration: Putting material directly on or near an existing shore to fix it. This includes projects south of Dauphin Island and the Fort Morgan Peninsula for restoring those areas.

Limits and Unknowns

The rule only applies in coastal areas.
It does not apply if the Governor declares a state of emergency that specifically mentions this law.
State agencies must still write specific rules to explain how people can follow these requirements.

Bill History

2026-01-13 Senate
Pending Committee Action in House of Origin
2026-01-13 Senate
Read for the first time and referred to the Senate Committee on County and Municipal Government

Official Summary Text

Dredging; coastal areas, dredged materials required to be beneficially used by persons dredging certain amounts

Current Bill Text

Read the full stored bill text

SB119 INTRODUCED
Page 0
SB119
CXSBCQJ-1
By Senators Elliott, Sessions
RFD: County and Municipal Government
First Read: 13-Jan-26
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CXSBCQJ-1 01/12/2026 ZAK (L)ZAK 2025-2262
Page 1
First Read: 13-Jan-26
SYNOPSIS:
Under existing law, the Alabama Department of
Environmental Management and the Alabama Department of
Conservation and Natural Resources jointly administer
the Alabama Coastal Area Management Program under
delegated federal authority to ensure consistency in
balancing conservation, economic, and other interests
with regard to coastal area projects.
This bill would require a person who annually
dredges over 1 million cubic yards of material in a
coastal area to cause at least 70 percent of that
material to be beneficially used.
This bill would also require the Alabama
Department of Environmental Management and the Alabama
Department of Conservation and Natural Resources to
adopt rules to administer this act, including revising
the Alabama Coastal Area Management Program as
necessary.
A BILL
TO BE ENTITLED
AN ACT
Relating to dredging; to require persons annually
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SB119 INTRODUCED
Page 2
Relating to dredging; to require persons annually
dredging over 1 million cubic yards of material in coastal
areas to cause at least 70 percent of the dredged material to
be beneficially used, subject to exceptions.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) For purposes of this section, the
following terms have the following meanings:
(1) BENEFICIALLY USED. The productive and positive use
of dredged material, including fish and wildlife habitat
development, human recreation, and industrial and commercial
uses. The term does not include the deposition of dredged
material into public waters unless that deposition is part of
a shoreline restoration or marsh creation project.
(2) LIVING SHORELINE. The term as defined in Section
9-7-13.1, Code of Alabama 1975.
(3) MARSH CREATION. The deposition of dredged material
or natural or artificial material into public waters to
establish a wetland, island, or marsh habitat on that site.
(4) PUBLIC WATERS. The term as defined in Section
9-11-80, Code of Alabama 1975.
(5) SHORELINE RESTORATION. The deposition of dredged
material or natural or artificial material directly on or
adjacent to an existing shoreline to restore or preserve the
shoreline and the deposition of such material south of Dauphin
Island or south of the Fort Morgan Peninsula for the
restoration of Dauphin Island or Sand Island. This term
includes a living shoreline project.
(b) This section shall apply only in coastal areas.
(c) Any person that dredges more than one million cubic
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SB119 INTRODUCED
Page 3
(c) Any person that dredges more than one million cubic
yards of material in a year shall cause at least 70 percent of
the dredged material to be beneficially used.
(d) The Alabama Department of Environmental Management
and the Alabama Department of Conservation and Natural
Resources shall adopt rules to implement this section,
including revising the Alabama Coastal Area Management Program
as necessary.
(e) A person shall not be required to comply with
subsection (c) if the Governor, by order or proclamation
declaring a state of emergency, specifically references this
section and states that this section shall not be in effect.
Such an order or proclamation shall provide a date on which
the order shall be terminated and no longer in effect.
Section 2. This act shall become effective on October
1, 2026.
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