Leasing and Ownership within Ocean and Coastal Waters
A Conservation Practitioner's Toolkit

Alabama Summary

The Ocean and Coast

Alabama has 607 miles of Gulf and bay shoreline crowded into approximately 51 miles of frontage along the Gulf of Mexico. Alabama reportedly manages over 600,000 acres of freshwater and saltwater submerged lands, including tidally influenced bay bottoms and coastal lands from the mean high water to three nautical miles offshore.

Conservation Leasing and Ownership

Our current knowledge of the potential for private conservation organizations to lease or own lands and resources lying below the mean high water line in Alabama is limited. The Nature Conservancy has not undertaken (nor knows of others who have undertaken) formal assessments of laws, policies, or spatial data that would assist in determining whether organizations can acquire these lands and resources for conservation purposes. Based on our experiences in the state and conversations with state agency staff, it appears that some form of leasing (possibly shellfish aquaculture leasing) and private ownership (in circumstances in which the lands or resources are already privately owned) are possible. Organizations wishing to pursue leasing or ownership should undertake site-specific assessments or work with state agency staff to evaluate opportunities statewide.

Whether organizations pursue leasing or ownership opportunities, several local, state, and federal authorizations may be required to undertake conservation activities on submerged lands in Alabama. The information that follows provides context for and information regarding possible authorization needs.

Submerged Lands

Along Alabama's coast, submerged lands are those lands lying between the mean high tide line and the three-mile seaward extent of the state's jurisdictional limit. The State Lands Division of The Department of Conservation and Natural Resources (DCNR) manages submerged lands, which includes the lease and sale of these lands. The state owns all natural gas and oil interests within 3 miles offshore of the coast. Thirty-five percent of revenue from oil and gas royalties goes to various state programs, with the remainder being deposited in the Alabama Trust Fund. In Fiscal Year 2002-2003, oil and gas royalties exceeded $273 million. (Bottom leases are required for marine aquaculture. See below.)

Proposals for commercial development of Alabama’s submerged lands are very competitive and a standard has not been set for conservation leasing. However, the department encourages proposals and recommends riparian easements as a possible tool for conservation programs.

Alabama Department of Conservation and Natural Resources
Offshore and Submerged Lands; Coastal Section - State Lands Division
31115 Five Rivers Boulevard
Spanish Fort, AL 36527
Tel: 251-621-1216

Coastal Zone and Shoreline Development

The Alabama coastal zone extends inland to the continuous 10-foot elevation line. The Alabama Department of Environmental Management (ADEM) manages the coastal zone in conjunction with the Alabama Department of Conservation and Natural Resources (ADCNR). While the ADCNR is responsible for coastal management planning, ADEM undertakes all monitoring, permitting, and enforcement activities, most often through its Field Operations Division. Permits are required for construction on Gulf-fronting properties, development of properties larger than 5 acres, energy facilities, large ground water wells, and discharges to coastal waters projects, as well as projects impacting wetlands or water bottoms, such as beach and dune construction, dredging and filling, marina development, and shoreline stabilization.

Alabama Department of Environmental Management
Coastal Programs - Field Operations Division
4171 Commanders Drive
Mobile, Alabama 36615-1421
Tel: 251-432-6533
Fax: 251-432-6598
Email: Coastal@adem.state.al.us

Water Quality

ADEM’s Water Division oversees most water quality programs in the state. Conservation leasing and ownership projects that potentially impact water quality or result in direct or indirect discharges into waters of the state should contact the Water Division.

Alabama Department of Environmental Management
Water Division
Post Office Box 301463
Montgomery, Alabama 36130-1463
Tel: 334-271-7823
Fax: 334-279-3051
Email: H2omail@adem.state.al.us

Alabama’s voluntary Nonpoint Pollution Program is coordinated by the education office of ADEM.

Alabama Department of Environmental Management
Office of Education and Outreach
Post Office Box 301463
Montgomery, Alabama 36130-1463
Tel: 334-394-4360
Fax: 334-394-4383
Email: oeomail@adem.state.al.us

Fish and Wildlife

Projects affecting saltwater fish and wildlife in Alabama should contact the ADCNR Division of Marine Resources.

Alabama Department of Conservation and Natural Resources
Marine Resources Division
P. O. Box 189
Dauphin Island, AL 36528
Tel: 251-861-2882 or 251-968-7576

Aquaculture

Marine aquaculture in Alabama may require both a water bottom lease and regulatory permissions. Leases are awarded by ADCNR. Riparian owners have a right to lease out to 600 yards from their land for oyster cultivation, excluding natural oyster reefs.

Alabama Department of Conservation and Natural Resources
Coastal Section - State Lands Division
31115 Five Rivers Boulevard
Spanish Fort, AL. 36527
Tel: 251-621-1216

The primary Alabama agency responsible for regulatory permitting of marine aquaculture is ADEM, which will help coordinate the permitting process with the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency. A 1997 Aquaculture Permitting Guide for Coastal Alabama can assist applicants in understanding the permitting process.

Alabama Department of Environmental Management
Field Operations Division
Post Office Box 301463
Montgomery, Alabama 36130-1463
Tel: 334-394-4382
Fax: 334-394-4326
Email: fieldmail@adem.state.al.us

Beaches

Alabama has about 50 miles of Gulf beach and 65 to 70 miles of bay beaches. Water quality monitoring along 25 high-use beaches is performed by ADEM and the Alabama Department of Public Health, with the assistance of federal BEACH funds. ADEM is the lead agency.

Alabama Department of Environmental Management
Beach Monitoring Program - Field Operations Division
1400 Coliseum Blvd.
P.O. Box 301463
Montgomery, AL 36130-1463
Tel: 334-271-7700

Beach fill, erosion control, or other construction would be subject to coastal zone regulations through the ADCNR, as above.

 

Step 1: Getting Started
1.1 Lease and Own 101
1.2 Myths
1.3 Important Terms
Step 2: Decision Checklist
2.1 Conservation Priorities
2.2 Threats and Strategies
2.3 Organization Capacity
2.4 Ownership and Use
2.5 Laws and Policies
2.6 Owners and Agencies
2.7 Partners and Funders
Step 3: Acquisition Checklist
3.1 Project Initiation
3.2 Title Report
3.3 Owner Contact
3.4 Proposal Completion
3.5 Terms and Conditions
3.6 Funding
3.7 Documentation
3.8 Due Diligence
3.9 Regulatory Permits
3.10 Final Actions
3.11 Site Plan
Step 4: Implementation
4.1 Science
4.2 Habitat
4.3 Maintenance
4.4 Public Use
4.5 Enforcement
4.6 Outreach
Country Summaries
Belize
Chile
Colombia
Costa Rica
Ecuador
Indonesia
Mexico
Peru
United States
Other Countries
U.S. State Summaries
Alabama
Alaska
California
Connecticut
Delaware
Florida
Georgia
Hawaii
Louisiana
Maine
Maryland
Massachusetts
Mississippi
New Hampshire
New Jersey
New York
North Carolina
Oregon
Pennsylvania
Rhode Island
South Carolina
Texas
Virginia
Washington
Other States
Case Studies
Agreement: Ecuador
Agreement: Fiji
Agreement: Philippines
Agreement: Phoenix Islands
Concession: Chile
Lease: California
Lease: Connecticut
Lease: Indonesia 1
Lease: Indonesia 2
Lease: Tanzania
Lease: Washington
Lease/Own: California
Lease/Own: UK
License: Rhode Island
Own: Massachusetts
Own: New York
Own: North Carolina
Own: Texas
Own: Virginia
Own: Washington
Program: Arizona
Program: Washington
Permit: California
Permit: Mexico
Resources
Assessments
Contact Information
Funding Sources
Maps and Data
Publications & Presentations
Related Tools
Sample Documents
Workshop

 

Leasing and Ownership within Ocean and Coastal Waters     Copyright © 2007 The Nature Conservancy