Alabama Attorney General Opinion 1979-0059

Mg ATTORNEY GENERAL STATE OF ALABAMA • MONTGOMERY, ALABAMA 36131 February 1, 1979 CHARLES A. GRADOICK ATTORNEY GENERAL Honorable Patrick H. Tate DeKalb County Attorney DeKalb County Courthouse Fort Payne, AL 35967 4 5 1 - 00059 MOTOR VEHICLES--PUBLIC RIGHTS-OF-WAY— CORE DRILLING Core Drilling on Public Rights-of-Way. Opinion by Assistant Attorney General Kendrick. Dear Mr. Tate: • This is in reply to your request for an official opinion of the Alabama Attorney General upon the following question: The DeKalb County Commission has requested that I write you concerning a certain activity presently occurring in DeKalb County. As you are probably aware, DeKalb County has been the site of recent coal mining activities and several membere of the County Commission have had complaints from citizens of the county along the right-of-ways of the State and County Roads and that these coal companies had damaged tiles, covered head walls and numerous other highway drain facilities existing along these right- of-ways. The DeKalb County Commission and State Highway Department have not given their permission to these mining companies to conduct these core drilling operations. The Commission has requested that I obtain from you an opinion as to what authority, if any, they -have to regulate the activities carried on along the right-of-way of these roads. Sincerely, &toss° CHARLES A. GRADDICK ATTORNEY GENERAL Mr. Patrick H. Tate February 1, 1979 Page 2 Let me emphasize that the drilling activities are occurring off the road bed and on the high- way right-of-ways. These right-of-ways vary in width depending upon the type of highway involved, i.e., federal highways, farm to market roads, state highways and unpaved county roads. The local State Highway Department officials have joined with the Commission in their request for an opinion from your department. It is our opinion the definition of highways and public roads include not only the paved portion of the road, but the rights-of- way along both sides of the paved road. The Code of Alabama 1975, §32-1-1(2), concerning Motor Vehicles and Traffic, defines the terms "highway" to include the "full width of the right-of-way of any public road." While this definition is expressly for the purposes of Title 32, we believe the legislature intended the terms "highways and public roads," as used in Title 23 and other titles of the Code, to also include the full width of the right-of-way. This being the case, County Commissions can promulgate rules and regulations pursuant to the Code of Alabama 1975, §23-1-80 to "maintain a good system of public roads . . . and regulate the use thereof," thereby regulating the core drilling activities occurring along the rights-of-way of public roads. Alternatively, the County Commission could seek relief through the Code of Alabama 1975, §23-5-1(4), which makes it a misdemeanor to "willfully injure or obstruct any public road in any way." We hope these comments have adequately addressed your question. Please do not hesitate to consult with the Attorney General's Office about such matters in the future. CAG:lgk