State Rep. Rhett Marques, R-District 91, and State Sen. Chris Elliott, R-District 32, plan to introduce legislation aimed at ending the practice of in-bay disposal of dredged sediment, commonly known as “mud dumping,” in Mobile Bay.

The proposal, expected to be announced Monday at the Fairhope Municipal Pier and filed on the first day of the 2026 legislative session, would prohibit thin-layer placement of dredged material within the bay by clarifying that in-bay dumping does not qualify as “beneficial use.”

The legislation would align state policy with a federal law passed in 2024 that requires the U.S. Army Corps of Engineers to use at least 70% of dredged material for beneficial purposes, including marsh creation, shoreline protection, habitat restoration or industrial and commercial uses. Following the federal legislation, the Corps’ Mobile District began categorizing thin-layer disposal as “beneficial use,” a classification the state bill seeks to reject.

As previously reported by GCM, the Corps expects to deposit roughly 90 million cubic yards of dredged sediment in Mobile Bay over the next 20 years as part of a long-term project to expand and maintain the Mobile Harbor Ship Channel, a volume Mobile Baykeeper says could cover the bay floor with several inches of sediment.

Under the proposal, the Corps would still be responsible for maintaining the Mobile Harbor Ship Channel. The bill would not alter dredging operations themselves but would require the federal government to pursue alternative disposal methods instead of placing sediment back into the bay. Maintenance dredging of the ship channel is fully federally funded under existing law.

The Mobile County Wildlife and Conservation Association previously persuaded the Corps to acknowledge that in-bay dumping is harmful and to halt the practice of thin-layer placement, but the Corps resumed it in 2012 after receiving emergency authorization when offshore disposal caused the project to exceed its budget. Despite more than 60 pages of comment letters submitted by Mobile Baykeeper between 2017 and 2019 outlining environmental concerns, the Corps ultimately ruled the ship channel project would have no environmental impact.

Commercial fishermen and inshore charter captains began raising concerns about dredge disposal practices in 2018, and Eastern Shore anglers later reported dead fish in dredge placement areas, as previously reported by GCM.

Marques said the legislation is intended to balance environmental protection with economic interests.

“I’m committed to protecting Mobile Bay and making sure Alabama leads on coastal stewardship,” Marques said. “This legislation reflects conservative principles: protect what drives our economy, use taxpayer dollars wisely and follow the science on what works.”

Elliott said the bill creates an opportunity for cooperation between business interests and environmental advocates.

“Mobile Bay is one of Alabama’s greatest economic assets, and protecting it strengthens, not weakens, our business climate,” Elliott said. “These bills will ensure we maintain a navigable ship channel while adopting proven dredge-management practices that benefit our coast instead of harming it.”

If passed, the legislation would place Alabama among a growing list of coastal states — including Florida, Georgia, Louisiana, North Carolina and Virginia — that have adopted policies limiting or banning in-bay disposal of dredged material.

Supporters of the bill include coastal municipalities, seafood industry groups, tourism organizations and environmental associations. Fairhope, Spanish Fort and Bayou La Batre have taken formal steps supporting restrictions on in-bay dumping, joining a broader push by local governments and coastal stakeholders for alternative disposal methods.

While restricting in-bay disposal could increase the cost of maintaining the ship channel, those costs would remain federally funded. Beneficial-use projects would become more accessible to nonfederal sponsors because their cost-sharing obligations would apply only to the difference between standard disposal costs and the cost of the beneficial-use project.

Elliott and Marques also credited U.S. Sen. Katie Britt, R-AL, for advancing federal legislation that laid the groundwork for the state proposal.

“Senator Britt has been a strong advocate for meaningful action to stop this practice and has paved the way for our legislation here on the state level,” Elliott said.

Gabriella Chavez is a Report for America corps member who writes about growth and development in Baldwin County and our natural spaces for Gulf Coast Media. Your donation to match our RFA grant helps keep her writing stories like this one; please consider making a tax-deductible gift of any amount today by visiting https://tinyurl.com/yaf8yf5n.