There is a newer version of the Code of Alabama
2009 Alabama Code
Title 23 — HIGHWAYS, ROADS, BRIDGES AND FERRIES.
Chapter 1 — ALABAMA HIGHWAYS.
- Article 1 General Provisions.
- Section 23-1-1 Contracts and regulations relative to federal assistance.
- Section 23-1-2 Bid guaranty.
- Section 23-1-3 Closing of public roads to traffic; acquisition of materials.
- Section 23-1-4 Permit required to dig up, etc., roads for utilities, railroads, etc.; restoration of road required upon completion of work; bond, etc., to guarantee restoration.
- Section 23-1-5 Payment of costs of relocation of utility facilities necessitated by construction of highways.
- Section 23-1-6 Signs, markers, and advertising - On rights-of-way.
- Section 23-1-7 Signs, markers, and advertising - Tourist attractions.
- Section 23-1-8 Numbers and names of highways.
- Section 23-1-8.1 Expenditure of state funds for erection and maintenance of signs designating roads, bridges, etc., in honor or memory of individuals.
- Section 23-1-9 Elimination of railroad grade crossings.
- Section 23-1-10 "Blue reflective markers" and "fire/water hydrant" defined; purpose and installation of blue reflective markers.
- Article 2 Department of Transportation.
- Section 23-1-20 Creation.
- Section 23-1-21 Director of Transportation.
- Section 23-1-21.1 Definitions.
- Section 23-1-21.2 Authority of director with regard to public transportation.
- Section 23-1-21.3 Cooperation with federal, state and local entities in administration of public transportation programs.
- Section 23-1-22 Chief engineer - Office created; appointment, salary, expenses and bond; applicability of Merit System.
- Section 23-1-23 Chief engineer - Qualifications.
- Section 23-1-24 Chief engineer - Duties.
- Section 23-1-25 Legal division - Creation; appointment of chief counsel.
- Section 23-1-26 Legal division - Appointment of assistant counsel; chief and assistant counsel to be commissioned and take oath as assistant attorneys general.
- Section 23-1-27 Legal division - Salaries.
- Section 23-1-28 Legal division - Offices, etc.; expenses.
- Section 23-1-29 Legal division - Charging of salaries and expenses.
- Section 23-1-30 Legal division - Functions and duties.
- Section 23-1-31 Legal division - Private practice prohibited.
- Section 23-1-32 Offices; director full-time position.
- Section 23-1-33 Official records of department; appointment of assistants and personnel.
- Section 23-1-34 Copies of plans and specifications to be kept; files and records open to public inspection; records as evidence.
- Section 23-1-35 Annual report to Governor.
- Section 23-1-36 Employees used on transferred county roads and bridges.
- Section 23-1-37 Use of convict labor.
- Section 23-1-38 Paying expenses of nonemployees prohibited.
- Section 23-1-39 Seal; power to administer oaths, etc.
- Section 23-1-40 Duties and powers generally.
- Section 23-1-41 Self-insurance program for department employees.
- Section 23-1-42 Roads, etc., located on state institutions.
- Section 23-1-43 State agricultural experiment station roads.
- Section 23-1-44 Right of entry for purpose of making surveys and taking soil samples.
- Section 23-1-45 Acquisition of rights-of-way.
- Section 23-1-46 Changes or additions to state road system.
- Section 23-1-47 Authority to maintain, etc., city and town streets and roads.
- Section 23-1-48 Application by counties for construction or maintenance of state road or bridge.
- Section 23-1-49 Furnishing of competent engineers.
- Section 23-1-50 Authority to procure equipment; payment of expenses.
- Section 23-1-50.1 Road machinery and equipment management program; Equipment Management Surplus Reserve Account.
- Section 23-1-51 Purchase of motor fuels, oils, greases, and lubricants.
- Section 23-1-52 License exemption for vehicles of department.
- Section 23-1-53 Contracts to do work - Authority.
- Section 23-1-54 Contracts to do work - How drawn and approved.
- Section 23-1-55 Contracts to do work - Preconditions.
- Section 23-1-56 Contracts to do work - Qualification of bidders.
- Section 23-1-57 Agreements and contracts with adjoining states and federal government relative to bridges.
- Section 23-1-58 Interest of employees, etc., in construction, etc., of roads and bridges prohibited.
- Section 23-1-59 Rules and regulations of department.
- Section 23-1-60 Authority of Director of Transportation to alter plans or character of work, determine need for extra work, make supplemental agreements, etc.
- Section 23-1-61 State Highway Fund - Appropriations; vehicle license fees deposited in fund; manner of making payments from fund.
- Section 23-1-62 State Highway Fund - Purposes for which used.
- Section 23-1-63 Limitation of obligations, etc., outstanding or authorized on inauguration date of incoming Governor.
- Section 23-1-64 Disposal of surplus personal property - Department to be responsible for disposal; sale at fair market value and payment; preferences; notification by municipalities and counties.
- Section 23-1-65 Disposal of surplus personal property - Availability; list of surplus property.
- Section 23-1-66 Disposal of surplus personal property - Sale procedures.
- Article 3 Public Roads, Bridges and Ferries.
- Section 23-1-80 County commissions - Powers and duties generally.
- Section 23-1-81 County commissions - Authority to establish, operate, etc., bridges, ferries, causeways, etc.; licensing.
- Section 23-1-82 County commissions - Eminent domain.
- Section 23-1-83 Transfer of general fund surplus to road fund by county.
- Section 23-1-84 Authority of county to expend funds derived from fees, etc., levied on vehicles and fuels.
- Section 23-1-85 Construction of electric transmission, telegraph, or telephone lines in right-of-way of county highways.
- Section 23-1-86 Establishment, etc., within municipalities.
- Section 23-1-87 Expense of building county line bridges, ferries, or causeways.
- Section 23-1-88 Facilities between adjoining counties - Authority of counties to build, establish, etc.
- Section 23-1-89 Facilities between adjoining counties - Extension of aid by other counties.
- Section 23-1-90 Extension of aid by municipalities.
- Section 23-1-91 Aid for development of access roads or bridges to certain facilities by contiguous counties or municipalities.
- Section 23-1-92 Advertisement for contract bids - Requirement.
- Section 23-1-93 Advertisement for contract bids - Exceptions.
- Section 23-1-94 Construction of article not to conflict with local or special laws.
- Section 23-1-95 Violation of rules, etc., enacted by county commissions.
- Article 3A Roads and Bridges in Captive Counties.
- Section 23-1-100 "Captive county" defined.
- Section 23-1-101 Powers and duties of county commissions of captive counties as to construction, repair, and maintenance of county roads and bridges generally.
- Section 23-1-102 Transfer to counties of unexpended funds maintained by State Department of Transportation; payment to counties of tax proceeds, federal aid accruals, etc.
- Section 23-1-103 Transfer to counties by State Department of Transportation of facilities and properties for construction, repair, and maintenance of roads; resolution of disputes as to transfers.
- Section 23-1-104 Furnishing of counties with lists of persons employed by State Department of Transportation therein; employment by counties of persons on lists; employment status of other persons employed by department in counties; liability for accumulated obligations due and payable to present employees of department; payment by department of accumulated sick leave of transferred employee.
- Section 23-1-105 Effect of article upon contracts for construction, repair and maintenance of county roads and bridges entered into by State Department of Transportation.
- Section 23-1-106 Effect of article upon outstanding financial obligations incurred by counties; disposition of funds received by state from counties for road and bridge work therein.
- Section 23-1-107 Effective date.
- Article 4 Municipal Connecting Link Roads.
- Section 23-1-110 Purpose of article.
- Section 23-1-111 Designation.
- Section 23-1-112 Maintenance and repair - Responsibility.
- Section 23-1-113 Maintenance and repair - Stipulations and conditions.
- Article 5 Private Roads.
- Article 6 Alabama Highway Authority.
- Section 23-1-150 Purpose and construction of article.
- Section 23-1-151 Incorporation - Authorization.
- Section 23-1-152 Incorporation - Application.
- Section 23-1-153 Incorporation - Certificate.
- Section 23-1-154 Members, officers and directors; quorum; vacancies; compensation; record of proceedings.
- Section 23-1-155 Powers.
- Section 23-1-156 Contracts; conveyance of property to state.
- Section 23-1-157 Bonds - Generally.
- Section 23-1-158 Bonds - Disposition of proceeds.
- Section 23-1-159 Bonds - Payments by State Treasurer.
- Section 23-1-160 Dissolution.
- Article 7 Alabama Highway Finance Corporation.
- Section 23-1-170 Purpose and construction of article.
- Section 23-1-171 Incorporation - Authorization.
- Section 23-1-172 Incorporation - Application.
- Section 23-1-173 Incorporation - Certificate.
- Section 23-1-174 Members, officers and directors; quorum; vacancies; compensation; record of proceedings.
- Section 23-1-175 Powers.
- Section 23-1-176 Contracts; conveyance of property to state.
- Section 23-1-177 Bonds - Generally.
- Section 23-1-178 Bonds - Disposition of proceeds.
- Section 23-1-179 Bonds - Payments by State Treasurer.
- Section 23-1-180 Dissolution.
- Section 23-1-181 Appropriations and pledges of revenue for payment of principal and interest on bonds generally; sinking fund.
- Article 8 Relocation Assistance.
- Article 8A Relocation Assistance.
- Section 23-1-210 Authorization to provide relocation assistance.
- Section 23-1-211 Payments.
- Section 23-1-212 Authority of Director of Transportation.
- Article 9 Highway Beautification.
- Division 1 Scenic Enhancement.
- Section 23-1-220 Short title.
- Section 23-1-221 Purpose of division.
- Section 23-1-222 Authority of Director of Transportation to acquire land.
- Section 23-1-223 Interest in acquired land; manner of acquisition.
- Division 2 Junkyard Control.
- Section 23-1-240 Short title.
- Section 23-1-241 Definitions.
- Section 23-1-242 Declaration of policy.
- Section 23-1-243 License - Required.
- Section 23-1-244 License - Issuance, revocation, and renewal; fees.
- Section 23-1-245 License - Conditions.
- Section 23-1-246 Screening - Existing junkyards.
- Section 23-1-247 Screening - Rules and regulations.
- Section 23-1-248 Authority of director - Acquisition of land.
- Section 23-1-249 Authority of director - Regulations; agreements with United States Department of Transportation.
- Section 23-1-250 Penalty for violation of division; abatement of nuisances.
- Section 23-1-251 Construction of division.
- Division 3 Outdoor Advertising.
- Section 23-1-270 Short title.
- Section 23-1-271 Definitions.
- Section 23-1-272 Declaration of policy.
- Section 23-1-273 Erection or maintenance of signs - Prohibited in adjacent areas; exceptions.
- Section 23-1-274 Erection or maintenance of signs - Controls; criteria.
- Section 23-1-275 Erection or maintenance of signs - Permits; identification tags or decals.
- Section 23-1-276 Erection or maintenance of signs - Name and address of owner and date of erection to appear on signs, etc.
- Section 23-1-277 Erection or maintenance of signs - Exceptions to Sections 23-1-275 and 23-1-276.
- Section 23-1-278 Enforcement of division generally.
- Section 23-1-279 Nonconforming signs - Removal and payment of compensation generally.
- Section 23-1-280 Nonconforming signs - Just compensation to be paid upon removal of signs.
- Section 23-1-281 Nonconforming signs - Just compensation - For what paid.
- Section 23-1-282 Nonconforming signs - Just compensation - To whom paid; agreements; civil actions.
- Section 23-1-283 Nonconforming signs - Just compensation - Sufficient federal funds required.
- Section 23-1-284 Agreement with United States Secretary of Transportation.
- Section 23-1-285 Director authorized to accept federal funds.
- Section 23-1-286 Rules and regulations.
- Section 23-1-287 Disposition of fees.
- Section 23-1-288 Penalty for violation of division, etc.
- Article 9A Alabama Scenic Byways Program.
- Section 23-1-290 Short title.
- Section 23-1-291 Legislative findings.
- Section 23-1-292 Program established.
- Section 23-1-293 Designating Committee.
- Section 23-1-294 Advisory Council.
- Section 23-1-295 Nomination of potential scenic byways.
- Article 10 Federal Aid Highway Finance Authority.
- Section 23-1-300 Purpose and construction of article.
- Section 23-1-301 Definitions.
- Section 23-1-302 Incorporation - Authorization.
- Section 23-1-303 Incorporation - Application.
- Section 23-1-304 Incorporation - Certificate.
- Section 23-1-305 Corporation - Generally.
- Section 23-1-306 Corporation - Powers.
- Section 23-1-307 Bonds and notes - Authorization for issuance.
- Section 23-1-308 Bonds and notes - Form, denominations, terms, redemption, etc.
- Section 23-1-309 Bonds and notes - Execution.
- Section 23-1-310 Bonds and notes - Issuance and sale generally.
- Section 23-1-311 Bonds and notes - Payment generally; pledge of funds for payment of principal and interest thereon generally; negotiability.
- Section 23-1-312 Bonds and notes - Exemption from taxation; use as security for deposits; eligibility as investment for fiduciary funds.
- Section 23-1-313 Bonds and notes - Disposition of proceeds from sale generally.
- Section 23-1-314 Bonds and notes - Payment generally.
- Section 23-1-315 Investment of proceeds from sale of bonds and notes and funds in sinking fund; pledge of interest from investments.
- Section 23-1-316 Payment by State Treasurer of principal and interest on bonds and notes; maintenance of records pertaining thereto.
- Section 23-1-317 Expenditure of proceeds; contracts; rules and regulations; conveyance of property.
- Section 23-1-318 Dissolution.
- Article 11 Rural Access Program.
- Section 23-1-330 Short title.
- Section 23-1-331 Definitions.
- Section 23-1-332 Creation; revenue sources; allocation of revenue; use of funds; funds to be matched; obligation limitations; role of department; unobligated funds.
- Section 23-1-333 County to maintain roads constructed with funds.
- Article 12 Regulations of Aeronautics, Aircraft, and Airports Generally.
- Section 23-1-350 Purpose of article.
- Section 23-1-351 Transfer of property, funds, authority, and jurisdiction to the State Department of Transportation.
- Section 23-1-352 Definitions.
- Section 23-1-353 Transfer of personnel.
- Section 23-1-354 Aeronautics Commission - Composition; qualifications; appointment; terms of office; compensation; removal.
- Section 23-1-355 Aeronautics Commission - Responsibilities.
- Section 23-1-356 Aeronautics Commission - Meetings; election of officers.
- Section 23-1-357 Department - General supervision over aeronautics; cooperation with federal government and political subdivisions of the state; promulgation of rules and regulations.
- Section 23-1-358 Director - Powers and duties generally.
- Section 23-1-359 Authority and procedure for adoption of rules and regulations.
- Section 23-1-360 Financial and technical assistance to municipalities in connection with acquisition, construction of airports, landing fields, or other navigational facilities.
- Section 23-1-361 Authority to accept and receive federal funds for state acquisition, construction, etc., of airports and other navigational facilities; authority to act as agent of municipalities for same purpose; terms and conditions for disbursement of federal funds.
- Section 23-1-362 Authority to audit financial records of municipality, county, and airport authority receiving funds.
- Section 23-1-363 Authority to receive grants, donations, loans, etc., disposition of same for general promotion, advancement, of aeronautics.
- Section 23-1-364 State Airports Development Fund.
- Section 23-1-365 Disposition and disbursement of State Airports Development Fund and other funds.
- Section 23-1-366 Disbursement of state appropriated funds; exception as to funds deposited in Surplus Military Fields Fund.
- Section 23-1-367 Enforcement of aeronautics law; enforcement powers generally.
- Section 23-1-368 Investigations; administration of oaths; subpoena of witnesses; enforcement of subpoena.
- Section 23-1-369 Reports of investigations; limitations on use; prohibitions against compulsion of testimony.
- Section 23-1-370 Intervention in certain controversies.
- Section 23-1-371 Formulation, adoption, of aircraft approach plans; airspace reservations.
- Section 23-1-372 Approval of sites and licensing of airports.
- Section 23-1-373 Certificate of approval or license for airport, landing field - Standards for issuance.
- Section 23-1-374 Revocation, refusal to issue or renew license; procedure for review under the Alabama Administrative Procedure Act.
- Section 23-1-375 Operation of airport, landing field, without license prohibited; application for certificate of approval of proposed airport or landing field; limitation of operations conducted on licensed airport.
- Section 23-1-376 Authority to conduct public hearings in considering application for approval of airport.
- Section 23-1-377 Exceptions.
- Section 23-1-378 Acquisition, construction, operation of airports, facilities, power of condemnation generally.
- Section 23-1-379 Acquisition of easements and other airport protection privileges.
- Section 23-1-380 Exercise of power of eminent domain.
- Section 23-1-381 Lease of property, airports or space, improvements, for aeronautical purposes; airport concessions.
- Section 23-1-382 Possession, display, of federal license, certificate, rating, or permit; exceptions.
- Section 23-1-383 Jurisdiction of crimes and torts; state, municipal, immunity from liability.
- Section 23-1-384 Contracts made during flight.
- Section 23-1-385 Domestic animals or fowl on airports.
- Section 23-1-386 Trespass upon and operation of vehicles on airports.
- Section 23-1-387 Use of aircraft for hunting, prohibited.
- Section 23-1-388 Reckless operation of aircraft.
- Section 23-1-389 Unauthorized use, possession, etc., of aircraft.
- Section 23-1-390 Penalties for violation of this article.
- Section 23-1-391 Effective date of transfer of balances, funds.
- Article 13 Airport Airspace Safety Act of 2009.
- Section 23-1-410 Short title.
- Section 23-1-411 Definitions.
- Section 23-1-412 Airport hazards - Permits for construction, alteration, etc.; removal, modification, etc..
- Section 23-1-413 Permit procedures.
- Section 23-1-414 Zoning laws or ordinances control.
- Section 23-1-415 Enforcement.
- Section 23-1-416 Valuation of property acquired for airport expansion.
- Section 23-1-417 Severability.
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