Ala. Admin. Code r. 220-4-.06

Current through Register Vol. 43, No. 1, October 31, 2024

Section 220-4-.06 - State of Alabama Natural Heritage Program - General Policies

(1)Requests for Information.

(a) Persons wishing to obtain information from the natural heritage data bank may do so by filing a written request with the State Lands Division in the form specified by the Department and agreeing to pay reasonable fees associated with responding to that request.

(b) Written requests shall be filed at the following address:

State Lands Division

64 North Union Street, Room 464

Montgomery, Alabama 36130

(2)Sources and Reliability of Data; Entry Upon Private Property; Limitations.

(a) The SNHP receives biological data from many sources, including its own personnel, private consultants, scientists from other state and federal agencies, scientists employed by or associated with institutions of higher learning, and any other person with relevant information. In many cases, this information is not the result of comprehensive or site-specific field surveys. Many natural areas in Alabama have never been thoroughly surveyed, and new occurrences of plants and animals are still being discovered. Consequently, SNHP is not able to provide a definite statement on the presence, absence or condition of biological elements in any part of Alabama. A SNHP response to a request for information summarizes the existing information known to the Department at the time of the request and is not a substitute for on-site surveys.

(b) Employees and contractors of the SNHP shall obtain oral or written informed consent from the owner of the property prior to entering private land for the purpose of obtaining or verifying biological data. Oral permission received from the landowner shall be documented contemporaneously in writing by the SNHP employee or contractor.

(c) SNHP responses to requests for information shall be limited to biological observations of species and communities in the study area specified in the written request for information. The SNHP will not provide opinions on the possible impacts of specific activities on these species and communities to anyone other than the landowner.

Ala. Admin. Code r. 220-4-.06

New Rule: July 28, 1997; effective September 2, 1997.

Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 12, September 28, 2018, eff. 10/20/2018.

Author: Christopher M. Blankenship

Statutory Authority:Code of Ala. 1975, § 9-2-12 (1987 Repl. Volume); Ala. Const. Amend. 543, §§5(b), 11(b).