The AFC receives numerous complaints of persons cutting across the line. This proposed regulation would make this act a crime if the property boundary line is visibly marked. We have had situations in where as much as 20 acres has been cut and the person doing the cutting claims they did not know where the line was located. It was a mistake. These type cases currently have to be carried to civil court. This regulation would allow these cases to be handled in District Court.
Hunters are currently held to a higher level of accountability than persons engaged in harvesting timber. Alabama law requires that a hunter know whose property they are hunting and is held accountable if they get onto another persons property.
This regulation is designed to hold persons engaged in a commercial operation accountable for knowing where the property lines are located.

ALABAMA FORESTRY COMMISSION

RULE 390-X-9-.01
TIMBER TRESPASS

390-X-9-.01 TIMBER TRESPASS

(1) It shall be unlawful for any person, firm, or corporation:

(a) To cross a visibly marked property boundary line during any timber harvesting operation or harvests or attempts to harvest any timber or other forest products without the permission of the landowner.

(b) Any person violating the provisions of this regulation shall be guilty of a misdemeanor and shall be punished as provided by law.

(2) Definition of visibly marked property boundary line:

Any boundary line marked by a landowner, agent of the landowner or surveyor with paint on trees, signs, or flagging placed no more than an average of 100 feet apart or a well maintained fence (fence that will hold livestock) or other identifiable markings readily visible placed no more than 100 feet apart that would put a prudent person on notice that it is a landline. It is the intent of this regulation that all landowners should mark their property lines and that the person(s) engaging in these type harvesting activities ascertain from the landowner the whereabouts of the property boundary lines of the property before harvesting any forest products. The burden of placing the markings described in this regulation shall be on the property owner on whose property the timber is being harvested. The placement of such markings is voluntary and is not required by this regulation.


Author: Charles T. Conway
Statutory authority: Code of Ala. 1975, 9-3-9.
History: