Alabama Administrative Code Title 390 - ALABAMA FORESTRY COMMISSION
The Alabama Administrative Code, Title 390, is dedicated to the Alabama Forestry Commission (AFC). The AFC is the state agency responsible for protecting, conserving, and increasing Alabama's vast timber and forest resources. It administers laws related to forestry and works to ensure the health and sustainability of the state's forests.
Core Mission and Responsibilities of the Alabama Forestry Commission (as reflected in Title 390):
The AFC's mission is threefold: Protect, Sustain, and Educate. These core functions are translated into specific regulations within Title 390:
Wildfire Protection and Prevention:
Burn Permits: Regulations often cover requirements for obtaining burn permits for outdoor burning, especially during drier periods, to prevent wildfires. (e.g., rules against providing false information to obtain a burn permit - Rule 390-X-12-.01(1)(a)).
Drought Emergency Declarations: The AFC has the authority to declare emergency drought conditions and implement burn bans or restrictions on outdoor burning to mitigate wildfire risk (e.g., Rule 390-X-1-.03ER, which declares emergency drought conditions).
Volunteer Fire Department Certification: Rules may exist for the certification and decertification of volunteer fire departments that assist with wildfire suppression (e.g., Chapter 390-X-8).
Fire Response: The AFC is the primary agency for rural wildfire suppression and often assists with emergency responses following natural disasters like hurricanes, tornadoes, and floods.
Forest Health and Management:
Timber Trespass: Rules making it unlawful to cross visibly marked property lines to harvest timber or forest products without landowner permission, defining what constitutes a "visibly marked property boundary line" (Rule 390-X-9-.01). This protects landowners' property rights.
Payment for Forest Products: Regulations preventing purchasers of forest products from failing to make timely payment to landowners (e.g., within 60 days of receipt), with penalties for violations (Rule 390-X-10-.01). This helps ensure fair commerce in the timber industry.
Maintenance of Timber Harvesting Records: Requirements for maintaining "loader's logs" on timber harvesting sites, ensuring records of timber loads are kept, made available for inspection, and maintained by the purchaser for a specified period (e.g., 3 years) (Rule 390-X-11-.01). This promotes transparency and accountability in timber harvesting.
Insect and Disease Control: Rules for establishing "Insect Control Zones" to manage and prevent the spread of forest pests and diseases (e.g., Chapter 390-X-5).
Prescribed Burning: Regulations concerning the certification of individuals to conduct prescribed burns and the requirements for prescribed burn plans (e.g., Chapter 390-X-6). This promotes controlled burning as a forest management tool.
Forest Management Assistance: Providing landowners with technical assistance for responsible forest management practices.
State Forests and Public Use:
State Forest Visitor Regulations: Rules governing activities, conduct, and safety within state forests and lands owned or managed by the AFC (e.g., Chapter 390-X-7), including enforcement and penalties for violations.
Scope and Enforcement: Clarifying that state and federal laws apply within state forests and outlining who enforces the regulations (e.g., AFC personnel or other law enforcement officers) (Rule 390-X-7-.13).
Education and Public Enlightenment:
Conducting programs to educate the public about the importance of forests, sustainable forestry practices, and wildfire prevention.
Administrative Operations:
Organization and Description: Outlining the general powers, duties, and organizational structure of the Alabama Forestry Commission (e.g., Chapter 390-X-1).
Acreage Assessments: Rules related to referendums and the collection of acreage assessments, which likely fund certain forestry programs (e.g., Chapters 390-X-2 and 390-X-3).
Rural Logging Efficiency Grants Program: Regulations for grants aimed at improving the efficiency of rural logging operations, which can include infrastructure improvements (e.g., Chapter 390-X-9).
In essence, Title 390 provides the detailed regulations that empower the Alabama Forestry Commission to execute its vital mission of protecting, sustaining, and educating about Alabama's forests, which are a critical natural and economic resource for the state.
You can find the full text of these rules on the Alabama Legislature's Administrative Code website and on the Alabama Forestry Commission's official website (www.forestry.alabama.gov), which often provides direct links to its administrative regulations and related forestry laws.
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