Alabama Administrative Code Chapter 390-X-7 — State Forest Visitor Regulations

390 Alabama Forestry Commission

Ala. Admin. Code r. 390-X-7-.01 Use Of Facilities

(1) All persons registering at any cabin or campsite in any State Forest shall record the name and address of each responsible party in a registration book or upon a guest register card, or a permit provided for such use. Persons under eighteen (18) years of age shall be permitted to register for a cabin or campsite only as agents acting for their parents. Any person who willfully makes an erroneous entry in such registration shall be in violation of this regulation.

(2) Upon leaving any cabin the renter thereof shall wash all dishes and cooking utensils and shall turn off all electric appliances, oil or gas heaters and stoves, extinguish all fires except pilot lights, and leave the premises in a clean and sanitary condition.

(3) No person shall maintain any State Forest campsite in an unsanitary or dangerous condition.

(4) No person shall pitch a tent or park a trailer or other camping or recreational equipment in an area not designated for such purpose.

(5) No person shall possess or use any container made of glass or other breakable material at any State Forest swimming area.

(6) Abandoned personal property shall be subject to disposal in accordance with law.

(7) No person shall leave unattended at any State Forest any child under the age of sixteen (16). For the purpose of this regulation, "unattended" shall mean without direct supervision by a person at least twenty-one (21) years of age.

(8) No person may enter any area of a State Forest for which an admission fee is charged without having a valid permit in his or her possession.

History

• Author: Scott L. Rouse
• Authority: Code of Ala. 1975, §9-13-10.2.
• New Rule: Filed April 12, 2005; effective May 17, 2005. Amended: Filed February 2, 2010; effective March 9, 2010. Amended: Filed June 20, 2018; effective August 4, 2018.
• Penalty: As provided by Section 9-13-10, Code of Ala. 1975.

Ala. Admin. Code r. 390-X-7-.02 Swimming, Fishing And Boating

(1) Visitors shall swim or wade only in areas designated for such use.

(2) All persons fishing in any of the State Forests shall abide by the fishing regulations promulgated by the State Forester and by other fishing laws and regulations that are in force in the State of Alabama. Appropriate permits must be purchased or obtained prior to fishing in any body of water located on or within a State Forest.

(a) A person so fishing shall, upon demand, exhibit his catch, fishing license, or permit to any agent or employee of the Alabama Forestry Commission or to any Conservation officer for inspection.

(b) No fish shall be placed in the State Forest lakes or waters except with permission of the State Forester.

(c) Daily creel limits are posted in a conspicuous place at each State Forest lake. Any person who catches, takes or has in his or her possession more fish than allowable by the posted creel or possession limits shall be in violation of this regulation.

(d) Fish shall be taken by rod and reel or pole and line only, in State Forest lakes or waters. Use of other methods of fishing such as trot lines, set hooks, gigs, nets, seines, spear guns, bow and arrow, jug fishing, noodle fishing, etc., is prohibited.

(3) Gasoline powered vessels are prohibited on any of the lakes or waters of the State Forests unless by special written permission from the State Forester.

History

• Author: Scott L. Rouse
• Authority: Code of Ala. 1975, §9-13-10.2.
• New Rule: Filed April 12, 2005; effective May 17, 2005. Amended: Filed June 20, 2018; effective August 4, 2018.
• Penalty: As provided by Section 9-13-10, Code of Ala. 1975.

Ala. Admin. Code r. 390-X-7-.03 Fees

No person shall evade or attempt to evade by any method or means any fee or other charge which may be levied for admission to, or use of, any State Forest area or facility contained therein.

History

• Author: Alabama Forestry Commission
• Authority: Code of Ala. 1975, §9-3-9.
• New Rule: Filed April 12, 2005; effective May 17, 2005. Amended: Filed June 20, 2018; effective August 4, 2018.
• Penalty: As provided by Section 9-13-10, Code of Ala. 1975.

Ala. Admin. Code r. 390-X-7-.04 Operation Of Vehicles

(1) Driving a motor vehicle in excess of posted speed shall be unlawful. The maximum speed limit for any power driven vehicles shall be 25 miles per hour unless otherwise posted.

(2) Driving any vehicle carelessly and heedlessly disregarding the rights or safety of others, or without due caution or at a speed, or in a manner so as to endanger or be likely to endanger any person or property shall be unlawful.

(3) Riding on the hood, roof, fenders, or trunk, or other exterior portion of automobiles, or riding on the roof, fenders, hood, or bumper of trucks, while traveling on or through a State Forest shall be unlawful.

(4) Motor bikes, all-terrain vehicles, minibikes, motorcycles, motor scooters, go-carts, any other type of motorized vehicle and bicycles shall not be operated in any areas or on any trails not designated for their use.

(5) No motorized vehicles of any kind or bicycles shall be allowed on horse trails, hiking trails, bodies of water or swimming areas in any State Forest, except where specifically permitted.

(6) Operating a motor vehicle at any time without a muffler in good working order, or operating a motor vehicle in such a manner as to create excessive, or annoying noise or smoke, or using a muffler cut off, by pass, or similar device shall be unlawful.

(7) No person shall park any vehicle, camper, trailer or any towed conveyance in any area not specifically designed for said vehicle.

History

• Author: Scott L. Rouse
• Authority: Code of Ala. 1975, §9-13-10.2.
• New Rule: Filed April 12, 2005; effective May 17, 2005. Amended: Filed June 20, 2018; effective August 4, 2018.
• Penalty: As provided by Section 9-13-10, Code of Ala. 1975.

Ala. Admin. Code r. 390-X-7-.05 Pets And Animals; Horses And Draft Animals

(1) Bringing a dog, cat or other animal into a State Forest shall be unlawful unless such animal is crated, caged, or kept upon a leash or otherwise under physical restrictive control at all times.

(2) No person shall keep a noisy, vicious, or dangerous dog or animal in any area of a State Forest.

(3) No animal of any type shall be allowed in any cabin, building, or swimming area in any State Forest. This rule shall not prohibit the use of service animals used by disabled persons.

(4) Bringing saddle, pack or draft animals into a site which has not been developed to accommodate them and posted accordingly shall be unlawful.

(5) Riding or bringing a horse or draft animal in any areas or on any trails not designated for their use shall be unlawful.

History

• Author: Scott L. Rouse
• Authority: Code of Ala. 1975, §9-13-10.2.
• New Rule: Filed April 12, 2005; effective May 17, 2005. Amended: Filed June 20, 2018; effective August 4, 2018.
• Penalty: As provided by Section 9-13-10, Code of Ala. 1975.

Ala. Admin. Code r. 390-X-7-.06 Sanitation

(1) Failure to dispose of all garbage, including paper, cans, bottles, waste materials, and rubbish by removal from the site or area, or disposal at places provided for such disposition shall be unlawful.

(2) No person shall dump any refuse or waste from any trailer or other vehicle except in places or receptacles provided for such use.

(3) Cleaning of fish or food, or washing clothing or articles of household use in any stream, pond, lake or at any hydrant or faucets located in restrooms shall be unlawful.

(4) No person shall pollute or contaminate any water or water supply used for human consumption.

(5) No person shall use State Forest refuse containers or other state forest refuse facilities for dumping household or commercial garbage or trash brought as such from private property.

(6) No person shall deposit, except into receptacles provided for that purpose, any body waste in or on any portion of any restroom or structure, or deposit any bottles, cans, cloths, rags, metal, wood, stone, or other damaging substance in any of the fixtures in such restrooms or structures.

History

• Author: Scott L. Rouse
• Authority: Code of Ala. 1975, §9-13-10.2.
• New Rule: Filed April 12, 2005; effective May 17, 2005. Amended: Filed June 20, 2018; effective August 4, 2018.
• Penalty: As provided by Section 9-13-10, Code of Ala. 1975.

Ala. Admin. Code r. 390-X-7-.07 Conduct

(1) It shall be unlawful to incite or participate in riots, indulge in boisterous, abusive, threatening, indecent or disorderly conduct in any State Forest area.

(2) Creating disturbing and unnecessary noise in campground and cabin areas between the hours of 10:00 p.m. and 6:00 a.m. shall be unlawful.

(3) It shall be unlawful for any person to destroy, deface or remove any native wild or domesticated tree, shrub, plant or wildflower in any State Forest.

(4) Destroying, injuring, defacing, removing or disturbing in any manner any real, personal or public property in any State Forest shall be unlawful.

(5) No person shall solicit, sell or advertise in any State Forest without the written authorization of the State Forester.

(6) It shall be unlawful for any person to destroy, disturb, deface, collect or remove any significant natural, cultural, historical, archeological, geological, or mineralogical objects or artifacts from any State Forest.

(7) It shall be unlawful for any person in control of or operating a motor vehicle or portable stereo equipment to permit sound from the sound system, including but not limited to a cell phone, MP3 player, radio, tape player, compact disc player, or other musical device, whether or not affixed to the vehicle, to be operated at a volume so as to be audible at a distance greater than fifty (50) feet from said equipment.

History

• Author: Scott L. Rouse
• Authority: Code of Ala. 1975, §9-13-10.2.
• New Rule: Filed April 12, 2005; effective May 17, 2005. Amended: Filed February 2, 2010; effective March 9, 2010. Amended: Filed June 20, 2018; effective August 4, 2018.
• Penalty: As provided by Section 9-13-10, Code of Ala. 1975.

Ala. Admin. Code r. 390-X-7-.08 Prohibited Devices

No person shall possess, discharge, ignite, or otherwise set off on or within a State Forest any firecrackers, torpedoes, rockets, cap pistols, sky lanterns (also known as Chinese lanterns), or any other fireworks.

History

• Author: Scott L. Rouse
• Authority: Code of Ala. 1975, §9-13-10.2.
• New Rule: Filed April 12, 2005; effective May 17, 2005. Amended: Filed February 2, 2010; effective March 9, 2010. Amended: Filed February 24, 2016; effective April 9, 2016. Amended: Filed June 20, 2018; effective August 4, 2018.
• Penalty: As provided by Section 9-13-10, Code of Ala. 1975.

Ala. Admin. Code r. 390-X-7-.09 Fires

(1) Building any fire in a State Forest outside of stoves, grills, fireplaces, fire rings, or other places provided for such purposes shall be unlawful. All fires shall be attended to at all times and shall not be abandoned until such fires have been completely extinguished.

(2) No person shall build or start any fire in a State Forest during any period for which a drought emergency or burn ban has been declared by the State Forester.

History

• Author: Scott L. Rouse
• Authority: Code of Ala. 1975, §9-13-10.2.
• New Rule: Filed April 12, 2005; effective May 17, 2005. Amended: Filed June 20, 2018; effective August 4, 2018.
• Penalty: As provided by Section 9-13-10, Code of Ala. 1975.

Ala. Admin. Code r. 390-X-7-.10 Hours Of Operation

(1) Unless otherwise posted or authorized, the hours of operation for all State Forests shall be sunrise to sunset.

(2) It shall be unlawful to enter or use a site or area, or portion of a site or area, which is closed to public use.

(3) Only registered overnight guests and persons having special permission from the State Forester shall be admitted or allowed to remain in any State Forest after the designated closing hour.

History

• Author: Scott L. Rouse
• Authority: Code of Ala. 1975, §9-13-10.2.
• New Rule: Filed April 12, 2005; effective May 17, 2005. Amended: Filed June 20, 2018; effective August 4, 2018.
• Penalty: As provided by Section 9-13-10, Code of Ala. 1975.

Ala. Admin. Code r. 390-X-7-.11 Disclaimer Of Liability

(1) The Alabama Forestry Commission shall not be responsible for any accident or injury to any person while on State Forest property or when using any State Forest facility. Any person coming within a State Forest or using a State Forest facility shall by such entrance or use waive any claim against the State and its employees or agents for any accident or injury occurring while on or within a State Forest.

(2) Subject to the other provisions of state law, the State of Alabama shall not be responsible for any property or article lost or stolen from any cabin, campsite, bathhouse, parking area, or any other building or facility.

History

• Author: Scott L. Rouse
• Authority: Code of Ala. 1975, §9-13-10.2.
• New Rule: Filed April 12, 2005; effective May 17, 2005. Amended: Filed June 20, 2018; effective August 4, 2018.
• Penalty: As provided by Section 9-13-10, Code of Ala. 1975.

Ala. Admin. Code r. 390-X-7-.12 Designated Wildlife Sanctuaries

Each State Forest or other Forestry Commission property not in a Wildlife Management Area or Handicapped Hunting Area designated by the Alabama Department of Conservation and Natural Resources, is hereby designated as a game and wildlife sanctuary, and it shall be unlawful therein for any person to hunt, trap, pursue, catch or kill any wild bird or wild animal unless such activities are specifically approved in advance by the State Forester.

History

• Author: Scott L. Rouse
• Authority: Code of Ala. 1975, §9-13-10.2.
• New Rule: Filed April 12, 2005; effective May 17, 2005. Amended: Filed June 20, 2018; effective August 4, 2018.
• Penalty: As provided by Section 9-13-10, Code of Ala. 1975.

Ala. Admin. Code r. 390-X-7-.13 Scope And Enforcement Of Rules; Applicability Of Laws

(1) The words "State Forest" as used in any regulation in this chapter shall include and embrace all land or water that is owned, leased, or otherwise controlled by the Alabama Forestry Commission.

(2) All State and Federal laws now in force and laws which may hereafter be enacted shall be maintained in all State Forests, and it shall be a violation of this regulation for any person to break or attempt to break any State or Federal law.

(3) Any person who violates any regulation of this chapter shall be guilty of a Class C misdemeanor and shall be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500) for each offense, and may be required to pay all costs of the proceedings.

(4) Any person who violates any regulation of this chapter or otherwise commits any unlawful activity on a State Forest may be summarily excluded from the property, and such person shall not be entitled to a refund of any fee or other charge paid for admission to or use of any State Forest area or facility.

(5) The regulations of this chapter shall be enforced by Alabama Forestry Commission personnel authorized in accordance with Code of Ala. 1975, §9-13-10 or Code of Ala. 1975, §9-13-10.2, or by any law enforcement officer having general powers of a peace officer in the State of Alabama.

(6) Notwithstanding the foregoing, the State Forester may for good cause and within his sole discretion temporarily suspend any of the regulations of this chapter.

History

• Author: Scott L. Rouse
• Authority: Code of Ala. 1975, §9-13-10.2.
• New Rule: Filed April 12, 2005; effective May 17, 2005. Amended: Filed June 20, 2018; effective August 4, 2018.

Ala. Admin. Code r. 390-X-7-.14 Possession Or Consumption Of Alcoholic Beverages On State Forests

It shall be unlawful to possess or consume any alcoholic beverage on State Forests.

History

• Author: Scott L. Rouse
• Authority: Code of Ala. 1975, §9-13-10.2.
• New Rule: Filed April 12, 2005; effective May 17, 2005. Amended (Title only): Filed June 20, 2018; effective August 4, 2018.
• Penalty: As provided by Section 9-13-10, Code of Ala. 1975.