Code of Alabama

Ala. Code § 9-16-106 (2026)

Provisions Cumulative; Certain Laws Not Repealed.

✓ official Alabama Legislature (ALISON) text, current July 2026
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This article is cumulative and is intended to preempt local, municipal, county and state regulation of surface coal mining operations and to supplement existing state law and no part hereof shall be construed to repeal or supersede an existing state law specifically enacted for the control, abatement or prevention of water or air pollution. The Alabama Surface Mining Act of 1969 (Act 399, Regular Session 1969) now appearing as Sections 9-16-1 through 9-16-15, is not repealed as to the regulation of the surface mining of clay, sand, gravel, ores, limestone, marble, dolomite, and other minerals. The Little River Canyon Preservation Acts, Act 227, H. 49 and Act 524, H. 1225 of the 1976 Regular Session (Acts of Alabama pages 243 and 669 respectively) are not repealed. All other laws or parts of laws which are inconsistent with this article are hereby repealed.

(Acts 1981, No. 81-435, p. 682, §38.)

Notes of Decisions
Cited in 1 case, 1994–1994 · leading case: Estes v. State, 650 So. 2d 616 (Ala. Crim. App. 1994).
Estes v. State, 650 So. 2d 616 (Ala. Crim. App. 1994). “See also § 9-16-106 (“[t]he Alabama Surface Mining Act of 1969 (Act 399, Regular Session 1969) now appearing as sections 9-16-1 through 9-16-15, is not repealed as to the regulation of the surface mining of clay, sand, gravel, ores, limestone, marble, dolomite, and other…”
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