Alabama Code (Last Updated: November 28, 2014) |
Title23 HIGHWAYS, ROADS, BRIDGES AND FERRIES. |
Chapter1. ALABAMA HIGHWAYS. |
Article 1. General Provisions. |
§ 23-1-1. Contracts and regulations relative to federal assistance. |
§ 23-1-2. Bid guaranty. |
§ 23-1-3. Closing of public roads to traffic; acquisition of materials. |
§ 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. |
§ 23-1-5. Payment of costs of relocation of utility facilities necessitated by construction of highways. |
§ 23-1-6. Signs, markers, and advertising - On rights-of-way. |
§ 23-1-7. Signs, markers, and advertising - Tourist attractions. |
§ 23-1-8. Numbers and names of highways. |
§ 23-1-8.1. Expenditure of state funds for erection and maintenance of signs designating roads, bridges, etc., in honor or memory of individuals. |
§ 23-1-9. Elimination of railroad grade crossings. |
§ 23-1-10. "Blue reflective markers" and "fire/water hydrant" defined; purpose and installation of blue reflective markers. |
Article 2. Department of Transportation. |
§ 23-1-20. Creation. |
§ 23-1-21. Director of Transportation. |
§ 23-1-21.1. Definitions. |
§ 23-1-21.2. Authority of director with regard to public transportation. |
§ 23-1-21.3. Cooperation with federal, state and local entities in administration of public transportation programs. |
§ 23-1-21.4. Deputy directors. |
§ 23-1-22. Chief engineer - Office created; appointment, salary, expenses and bond; applicability of Merit System. |
§ 23-1-23. Chief engineer - Qualifications. |
§ 23-1-24. Chief engineer - Duties. |
§ 23-1-25. Legal division - Creation; appointment of chief counsel. |
§ 23-1-26. Legal division - Appointment of assistant counsel; chief and assistant counsel to be commissioned and take oath as assistant attorneys general. |
§ 23-1-27. Legal division - Salaries. |
§ 23-1-28. Legal division - Offices, etc.; expenses. |
§ 23-1-29. Legal division - Charging of salaries and expenses. |
§ 23-1-30. Legal division - Functions and duties. |
§ 23-1-31. Legal division - Private practice prohibited. |
§ 23-1-32. Offices; director full-time position. |
§ 23-1-33. Official records of department; appointment of assistants and personnel. |
§ 23-1-34. Copies of plans and specifications to be kept; files and records open to public inspection; records as evidence. |
§ 23-1-35. Annual report to Governor. |
§ 23-1-36. Employees used on transferred county roads and bridges. |
§ 23-1-37. Use of convict labor. |
§ 23-1-38. Paying expenses of nonemployees prohibited. |
§ 23-1-39. Seal; power to administer oaths, etc. |
§ 23-1-40. Duties and powers generally. |
§ 23-1-41. Self-insurance program for department employees. |
§ 23-1-42. Roads, etc., located on state institutions. |
§ 23-1-43. State agricultural experiment station roads. |
§ 23-1-44. Right of entry for purpose of making surveys and taking soil samples. |
§ 23-1-45. Acquisition of rights-of-way. |
§ 23-1-46. Changes or additions to state road system. |
§ 23-1-47. Authority to maintain, etc., city and town streets and roads. |
§ 23-1-48. Application by counties for construction or maintenance of state road or bridge. |
§ 23-1-49. Furnishing of competent engineers. |
§ 23-1-50. Authority to procure equipment; payment of expenses. |
§ 23-1-50.1. Road machinery and equipment management program; Equipment Management Surplus Reserve Account. |
§ 23-1-51. Purchase of motor fuels, oils, greases, and lubricants. |
§ 23-1-52. License exemption for vehicles of department. |
§ 23-1-53. Contracts to do work - Authority. |
§ 23-1-54. Contracts to do work - How drawn and approved. |
§ 23-1-55. Contracts to do work - Preconditions. |
§ 23-1-56. Contracts to do work - Qualification of bidders. |
§ 23-1-57. Agreements and contracts with adjoining states and federal government relative to bridges. |
§ 23-1-58. Interest of employees, etc., in construction, etc., of roads and bridges prohibited. |
§ 23-1-59. Rules and regulations of department. |
§ 23-1-60. Authority of Director of Transportation to alter plans or character of work, determine need for extra work, make supplemental agreements, etc. |
§ 23-1-61. State Highway Fund - Appropriations; vehicle license fees deposited in fund; manner of making payments from fund. |
§ 23-1-62. State Highway Fund - Purposes for which used. |
§ 23-1-63. Limitation of obligations, etc., outstanding or authorized on inauguration date of incoming Governor. |
§ 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. |
§ 23-1-65. Disposal of surplus personal property - Availability; list of surplus property. |
§ 23-1-66. Disposal of surplus personal property - Sale procedures. |
Article 3. Public Roads, Bridges and Ferries. |
§ 23-1-80. County commissions - Powers and duties generally. |
§ 23-1-80.1. County commissions - Use of county roads in conducting timber operations. |
§ 23-1-81. County commissions - Authority to establish, operate, etc., bridges, ferries, causeways, etc.; licensing. |
§ 23-1-82. County commissions - Eminent domain. |
§ 23-1-83. Transfer of general fund surplus to road fund by county. |
§ 23-1-84. Authority of county to expend funds derived from fees, etc., levied on vehicles and fuels. |
§ 23-1-85. Construction of electric transmission, telegraph, or telephone lines in right-of-way of county highways. |
§ 23-1-86. Establishment, etc., within municipalities. |
§ 23-1-87. Expense of building county line bridges, ferries, or causeways. |
§ 23-1-88. Facilities between adjoining counties - Authority of counties to build, establish, etc. |
§ 23-1-89. Facilities between adjoining counties - Extension of aid by other counties. |
§ 23-1-90. Extension of aid by municipalities. |
§ 23-1-91. Aid for development of access roads or bridges to certain facilities by contiguous counties or municipalities. |
§ 23-1-92. Advertisement for contract bids - Requirement. |
§ 23-1-93. Advertisement for contract bids - Exceptions. |
§ 23-1-94. Construction of article not to conflict with local or special laws. |
§ 23-1-95. Violation of rules, etc., enacted by county commissions. |
Article 3A. Roads and Bridges in Captive Counties. |
§ 23-1-100. "Captive county" defined. |
§ 23-1-101. Powers and duties of county commissions of captive counties as to construction, repair, and maintenance of county roads and bridges generally. |
§ 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. |
§ 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. |
§ 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. |
§ 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. |
§ 23-1-107. Effective date. |
Article 4. Municipal Connecting Link Roads. |
§ 23-1-110. Purpose of article. |
§ 23-1-111. Designation. |
§ 23-1-112. Maintenance and repair - Responsibility. |
§ 23-1-113. Maintenance and repair - Stipulations and conditions. |
Article 5. Private Roads. |
§ 23-1-130. Establishment. |
§ 23-1-131. Proceedings; limitations as to location; damages. |
Article 6. Alabama Highway Authority. |
§ 23-1-150. Purpose and construction of article. |
§ 23-1-151. Incorporation - Authorization. |
§ 23-1-152. Incorporation - Application. |
§ 23-1-153. Incorporation - Certificate. |
§ 23-1-154. Members, officers and directors; quorum; vacancies; compensation; record of proceedings. |
§ 23-1-155. Powers. |
§ 23-1-156. Contracts; conveyance of property to state. |
§ 23-1-157. Bonds - Generally. |
§ 23-1-158. Bonds - Disposition of proceeds. |
§ 23-1-159. Bonds - Payments by State Treasurer. |
§ 23-1-160. Dissolution. |
Article 7. Alabama Highway Finance Corporation. |
§ 23-1-170. Purpose and construction of article. |
§ 23-1-171. Incorporation - Authorization. |
§ 23-1-172. Incorporation - Application. |
§ 23-1-173. Incorporation - Certificate. |
§ 23-1-174. Composition; vacancies; compensation; records. |
§ 23-1-175. Powers. |
§ 23-1-176. Contracts; conveyance of property to state. |
§ 23-1-177. Bonds - Generally. |
§ 23-1-178. Bonds - Disposition of proceeds. |
§ 23-1-179. Bonds - Payments by State Treasurer. |
§ 23-1-180. Dissolution. |
§ 23-1-181. Appropriations and pledges of revenue for payment of principal and interest on bonds; sinking fund. |
§ 23-1-182. Diversity requirement. |
Article 8. Relocation Assistance. |
Article 8A. Relocation Assistance. |
§ 23-1-210. Authorization to provide relocation assistance. |
§ 23-1-211. Payments. |
§ 23-1-212. Authority of Director of Transportation. |
Article 9. Highway Beautification. |
Division 1. Scenic Enhancement. |
§ 23-1-220. Short title. |
§ 23-1-221. Purpose of division. |
§ 23-1-222. Authority of Director of Transportation to acquire land. |
§ 23-1-223. Interest in acquired land; manner of acquisition. |
Division 2. Junkyard Control. |
§ 23-1-240. Short title. |
§ 23-1-241. Definitions. |
§ 23-1-242. Declaration of policy. |
§ 23-1-243. License - Required. |
§ 23-1-244. License - Issuance, revocation, and renewal; fees. |
§ 23-1-245. License - Conditions. |
§ 23-1-246. Screening - Existing junkyards. |
§ 23-1-247. Screening - Rules and regulations. |
§ 23-1-248. Authority of director - Acquisition of land. |
§ 23-1-249. Authority of director - Regulations; agreements with United States Department of Transportation. |
§ 23-1-250. Penalty for violation of division; abatement of nuisances. |
§ 23-1-251. Construction of division. |
Division 3. Outdoor Advertising. |
§ 23-1-270. Short title. |
§ 23-1-271. Definitions. |
§ 23-1-272. Declaration of policy. |
§ 23-1-273. Erection or maintenance of signs - Prohibited in adjacent areas; exceptions. |
§ 23-1-274. Erection or maintenance of signs - Controls; criteria. |
§ 23-1-275. Erection or maintenance of signs - Permits; identification tags or decals. |
§ 23-1-276. Erection or maintenance of signs - Name and address of owner and date of erection to appear on signs, etc. |
§ 23-1-277. Erection or maintenance of signs - Exceptions to Sections 23-1-275 and 23-1-276. |
§ 23-1-278. Enforcement of division generally. |
§ 23-1-279. Nonconforming signs - Removal and payment of compensation generally. |
§ 23-1-280. Nonconforming signs - Just compensation to be paid upon removal of signs. |
§ 23-1-281. Nonconforming signs - Just compensation - For what paid. |
§ 23-1-282. Nonconforming signs - Just compensation - To whom paid; agreements; civil actions. |
§ 23-1-283. Nonconforming signs - Just compensation - Sufficient federal funds required. |
§ 23-1-284. Agreement with United States Secretary of Transportation. |
§ 23-1-285. Director authorized to accept federal funds. |
§ 23-1-286. Rules and regulations. |
§ 23-1-287. Disposition of fees. |
§ 23-1-288. Penalty for violation of division, etc. |
Article 9A. Alabama Scenic Byways Program. |
§ 23-1-290. Short title. |
§ 23-1-291. Legislative findings. |
§ 23-1-292. Program established. |
§ 23-1-293. Designating Committee. |
§ 23-1-294. Advisory Council. |
§ 23-1-295. Nomination of potential scenic byways. |
Article 10. Federal Aid Highway Finance Authority. |
§ 23-1-300. Purpose and construction of article. |
§ 23-1-301. Definitions. |
§ 23-1-302. Incorporation - Authorization. |
§ 23-1-303. Incorporation - Application. |
§ 23-1-304. Incorporation - Certificate. |
§ 23-1-305. Corporation - Generally. |
§ 23-1-306. Corporation - Powers. |
§ 23-1-307. Bonds and notes - Authorization for issuance. |
§ 23-1-308. Bonds and notes - Form, denominations, terms, redemption, etc. |
§ 23-1-309. Bonds and notes - Execution. |
§ 23-1-310. Bonds and notes - Issuance and sale generally. |
§ 23-1-311. Bonds and notes - Source of funds; pledge of funds for payment of principal and interest thereon; negotiability. |
§ 23-1-312. Bonds and notes - Exemption from taxation; use as security for deposits; eligibility as investment for fiduciary funds. |
§ 23-1-313. Bonds and notes - Disposition of proceeds from sale. |
§ 23-1-314. Bonds and notes - Payment generally. |
§ 23-1-315. Investment of funds; pledge of interest from investments. |
§ 23-1-316. Payment by State Treasurer of principal and interest on bonds and notes; maintenance of records pertaining thereto. |
§ 23-1-317. Expenditure of proceeds; contracts; rules and regulations; conveyance of property. |
§ 23-1-318. Dissolution. |
Article 11. Rural Access Program. |
§ 23-1-330. Short title. |
§ 23-1-331. Definitions. |
§ 23-1-332. Creation; revenue sources; allocation of revenue; use of funds; funds to be matched; obligation limitations; role of department; unobligated funds. |
§ 23-1-333. County to maintain roads constructed with funds. |
Article 12. Regulations of Aeronautics, Aircraft, and Airports Generally. |
§ 23-1-350. Purpose of article. |
§ 23-1-351. Transfer of property, funds, authority, and jurisdiction to the State Department of Transportation. |
§ 23-1-352. Definitions. |
§ 23-1-353. Transfer of personnel. |
§ 23-1-354. Aeronautics Commission - Composition; qualifications; appointment; terms of office; compensation; removal. |
§ 23-1-355. Aeronautics Commission - Responsibilities. |
§ 23-1-356. Aeronautics Commission - Meetings; election of officers. |
§ 23-1-357. Department - General supervision over aeronautics; cooperation with federal government and political subdivisions of the state; promulgation of rules and regulations. |
§ 23-1-358. Director - Powers and duties generally. |
§ 23-1-359. Authority and procedure for adoption of rules and regulations. |
§ 23-1-360. Financial and technical assistance to municipalities in connection with acquisition, construction of airports, landing fields, or other navigational facilities. |
§ 23-1-362. Authority to audit financial records of municipality, county, and airport authority receiving funds. |
§ 23-1-363. Authority to receive grants, donations, loans, etc., disposition of same for general promotion, advancement, of aeronautics. |
§ 23-1-364. State Airports Development Fund. |
§ 23-1-365. Disposition and disbursement of State Airports Development Fund and other funds. |
§ 23-1-366. Disbursement of state appropriated funds; exception as to funds deposited in Surplus Military Fields Fund. |
§ 23-1-367. Enforcement of aeronautics law; enforcement powers generally. |
§ 23-1-368. Investigations; administration of oaths; subpoena of witnesses; enforcement of subpoena. |
§ 23-1-369. Reports of investigations; limitations on use; prohibitions against compulsion of testimony. |
§ 23-1-370. Intervention in certain controversies. |
§ 23-1-371. Formulation, adoption, of aircraft approach plans; airspace reservations. |
§ 23-1-372. Approval of sites and licensing of airports. |
§ 23-1-373. Certificate of approval or license for airport, landing field - Standards for issuance. |
§ 23-1-374. Revocation, refusal to issue or renew license; procedure for review under the Alabama Administrative Procedure Act. |
§ 23-1-376. Authority to conduct public hearings in considering application for approval of airport. |
§ 23-1-377. Exceptions. |
§ 23-1-378. Acquisition, construction, operation of airports, facilities, power of condemnation generally. |
§ 23-1-379. Acquisition of easements and other airport protection privileges. |
§ 23-1-380. Exercise of power of eminent domain. |
§ 23-1-381. Lease of property, airports or space, improvements, for aeronautical purposes; airport concessions. |
§ 23-1-382. Possession, display, of federal license, certificate, rating, or permit; exceptions. |
§ 23-1-383. Jurisdiction of crimes and torts; state, municipal, immunity from liability. |
§ 23-1-384. Contracts made during flight. |
§ 23-1-385. Domestic animals or fowl on airports. |
§ 23-1-386. Trespass upon and operation of vehicles on airports. |
§ 23-1-387. Use of aircraft for hunting, prohibited. |
§ 23-1-388. Reckless operation of aircraft. |
§ 23-1-389. Unauthorized use, possession, etc., of aircraft. |
§ 23-1-390. Penalties for violation of this article. |
§ 23-1-391. Effective date of transfer of balances, funds. |
Article 13. Airport Airspace Safety Act of 2009. |
§ 23-1-410. Short title. |
§ 23-1-411. Definitions. |
§ 23-1-412. Airport hazards - Permits for construction, alteration, etc.; removal, modification, etc.. |
§ 23-1-413. Permit procedures. |
§ 23-1-414. Zoning laws or ordinances control. |
§ 23-1-415. Enforcement. |
§ 23-1-416. Valuation of property acquired for airport expansion. |
§ 23-1-417. Severability. |