Miss. Code Ann. § 49-18-1 — MS Code / Title 49 / Chapter 9 / Section 18-1
Miss. Code Ann. § 49-18-1
Status: in_force

This chapter may be cited as the Mississippi Liability of Persons Responding to Oil Spills Act.
Miss. Code Ann. § 49-27-65 — MS Code / Title 49 / Chapter 27 / Section 27-65
Miss. Code Ann. § 49-27-65
Status: in_force

(a) To implement the policy set forth in the chapter and to assist in the protection of coastal wetlands, the commission acting with the cooperation and assistance of the Gulf Regional Planning Commission and the Gulf Coast Research Laboratory shall evaluate the coastal wetlands and prepare charts at an appropriate scale showing the distribution of coastal wetlands as defined in this chapter. These charts will be provided to the offices of the chancery clerk of affected counties and to the Gulf Regional Planning Commission. The charts will be updated and reissued periodically as needed to provide a current inventory of coastal wetlands.

(b) The commission shall promote the education of the public about scientific and economic knowledge concerning coastal wetlands.

(c) In recognition of the national policy expressed in the Coastal Zone Management Act of 1972, Public Law 92-583 , the commission is directed to include an overall plan for use of coastal and private wetlands in the Mississippi Coastal Zone Management Plan being prepared by the commission. The commission is further directed to identify and include in such plan specific coastal and private wetlands which should be set aside as estuarine sanctuaries.
Miss. Code Ann. § 49-39-3 — MS Code / Title 49 / Chapter 2 / Section 39-3
Miss. Code Ann. § 49-39-3
Status: in_force

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:

(a) “ Board ” means the Board of Trustees of the Mississippi Outdoor Stewardship Trust Fund.

(b) “ Conservation land ” means land and water, or interests therein, that are in their undeveloped, natural states or that have been developed only to the extent consistent with, or are restored to be consistent with, at least one (1) of the following environmental values or conservation benefits:

(i) Water quality protection for wetlands, rivers, streams or lakes;

(ii) Protection of wildlife habitat;

(iii) Protection of cultural sites and archeological and historic resources;

(iv) Protection of land around Mississippi's military installations to ensure that missions are compatible with surrounding communities and that encroachment on military installations does not impair future missions;

(v) Support of economic development through conservation projects;

(vi) Provision for recreation in the form of archery, boating, hiking, camping, fishing, hunting, running, jogging, biking, walking, shooting or similar outdoor activities; or

(vii) Recruiting or retention of recreation in the form of archery, boating, hiking, camping, fishing, hunting, running, jogging, biking, walking, shooting or similar outdoor activities.

(c) “ Nongovernmental entity ” means a nonprofit organization with a 501(c)(3) status that is primarily concerned with the protection and conservation of land and natural resources, as evidenced by its organizational documents.

(d) “ Permanently protected conservation areas ” means those resources:

(i) Owned by the federal government and dedicated for recreation or conservation or as a natural resource;

(ii) Owned by the State of Mississippi, or a county or municipality in Mississippi, and dedicated for recreation or conservation or as a natural resource;

(iii) Owned by the State of Mississippi, or a county or municipality in Mississippi, and subject to:

1. A conservation easement ensuring that the property will be maintained in a manner consistent with conservation land;

2. Contractual arrangements ensuring that, if the protected status is discontinued on a parcel, such property will be replaced by other conservation land which at the time of such replacement is of equal or greater monetary and resource protection value; or

3. A permanent restrictive covenant as provided in state law; or

(iv) Owned by any person or entity and subject to a conservation easement ensuring that the property will be maintained in a manner consistent with conservation land.

(e) “ Project proposal ” means any application seeking monies from the Mississippi Outdoor Stewardship Trust Fund.

(f) “ Special fund ” means the Mississippi Outdoor Stewardship Trust Fund created in Section 49-39-7 .

(g) “ State agency ” means any agency, department, commission or institution of the State of Mississippi.

(h) “ Working agricultural land ” means land area that is either arable, under permanent crops or under permanent pastures. Arable land includes land under temporary crops such as cereals, temporary meadows for mowing or for pasture, land under market or kitchen gardens, and land temporarily fallow.
Miss. Code Ann. § 49-15-43 — MS Code / Title 49 / Chapter 7 / Section 15-43
Miss. Code Ann. § 49-15-43
Status: repealed

Oysters for sale either wholesale or retail may be packaged in glass jars covered with a screw-type top or lid of the type customarily and heretofore used in the seafood industry in the State of Mississippi, but this section shall automatically be repealed if and when such type packaging becomes prohibited by any agency of the United States Government for shipment in interstate commerce.
Miss. Code Ann. § 49-27-11 — MS Code / Title 49 / Chapter 18 / Section 27-11
Miss. Code Ann. § 49-27-11
Status: in_force

(1) A complete application shall include the following:

(a) The name and address of the applicant;

(b) The names and addresses of the present owners of record of adjacent land, as determined by current tax assessment rolls and of known claimants of riparian or water rights in or immediately adjacent to the coastal wetland, or a certification that after diligent search and inquiry the names and addresses could not be found;

(c) A detailed description of the proposed activity and a map, drawn to an appropriate and uniform scale showing by section, township and range, or by latitudinal and longitudinal coordinator, the location and area of the coastal wetlands to be affected, indicating the location and area of existing and proposed fill, excavation or other regulated activities; showing the location, width, depth and length of any proposed channel and dredge spoil disposal site; showing all existing and proposed structures, sewage collection and treatment facilities, utility installations, roadways and related appurtenances or facilities, including those on adjacent uplands; describing the type of equipment to be used and the means of equipment access to the activity site;

(d) An estimate of the cost of the activity;

(e) The primary and secondary purposes of the project, including contemplated future projects;

(f) A description of any public benefit to be derived from the proposed project dependent upon the proposed activity;

(g) A complete description of measures to be taken to reduce detrimental off-site effects to the coastal wetlands during and after the proposed activity;

(h) The completion date of the proposed activity and of the project dependent upon the activity;

(i) An appropriate written report or statement of the environmental impact of the proposed regulated activity and of the final project dependent on it upon the affected coastal wetlands and the life dependent upon them, provided that an environmental impact statement treating the same activity in the same area and supplied to another federal or state agency for considering a permit shall satisfy this requirement if submitted by the applicant; and

(j) A certification that a permit from the Mississippi Commission on Environmental Quality has been applied for or that such permit is not required; that a permit from the United States Corps of Engineers has been applied for or that such permit is not required; that permits or other certificates of compliance with applicable municipal or county building codes and zoning ordinances have been applied for or are not required.

(2) If the applicant alters or amends the information provided in compliance with paragraph (c) of subsection (1) of this section, the review periods provided for in Sections 49-27-15 and 49-27-37 shall begin on the date that the new information is provided to the department. The date of receipt for a completed application begins on the date of the last amendment made in accordance to paragraph (c) of subsection (1) of this section.

(3) Any person filing an application to dredge an existing channel for navigational purposes shall complete an application for such activities in accordance with application procedures required in this section.
Miss. Code Ann. § 49-17-513 — MS Code / Title 49 / Chapter 8 / Section 17-513
Miss. Code Ann. § 49-17-513
Status: in_force

(1) After August 31, 1998, it is unlawful for any person who does not possess a valid lead-based paint project designer certificate to prepare abatement project designs, occupant protection plans and abatement reports.

(2) To qualify for a lead-based paint project designer certificate, an applicant shall:

(a)(i) Be a registered professional engineer or a licensed architect; or

(ii) Have a bachelor's degree in engineering, architecture or a profession related to engineering or architecture and one (1) year of experience in building design or a related field, as determined by the commission; or

(iii) Have an associate's degree and two (2) years of experience in building design or a related field, as determined by the commission; or

(iv) Have a high school diploma or equivalent and three (3) years of experience in building design or a related field, as determined by the commission;

(b) Satisfactorily complete an accredited training program for lead-based paint project designers and lead-based paint supervisor; and

(c) Demonstrate to the satisfaction of the commission that the applicant is familiar with and capable of complying fully with all applicable federal and state laws and regulations.
Miss. Code Ann. § 49-27-6 — MS Code / Title 49 / Chapter 11 / Section 27-6
Miss. Code Ann. § 49-27-6
Status: in_force

For purposes of this chapter, the following terms shall have the meanings ascribed to them in this section:

(a) “ Marina ” means a facility providing more than twelve (12) mooring spaces for boats that may provide supplies and services including electricity, fresh water, fuel or sewage collection facilities.

(b) “ Public marina ” means a marina that offers mooring spaces and docking facilities for lease by the general public. Public marinas include recreational and commercial marinas, and they require a “C” for commercial or “I” for industrial use designation.

(c) “ Private single-family or multi-family pier ” means a pier that is part of an adjacent single-family home subdivision or multi-family condominium or apartment development that provides mooring spaces and docking facilities restricted for use by only home owners or tenants of the adjacent development. Private single-family and multi-family piers with twelve (12) or fewer mooring spaces are compatible with a “G” for general use designation. Private single-family and multi-family piers with more than twelve (12) mooring spaces require a “C” for commercial use designation. Commercial vessels may not be moored in a multi-family pier.

(d) “ Yacht club marina ” means a marina that restricts mooring spaces and docking facilities to members only of a private association organization. Yacht clubs require a “C” for commercial or “I” for industrial use designation.
Miss. Code Ann. § 49-17-33 — MS Code / Title 49 / Chapter 2 / Section 17-33
Miss. Code Ann. § 49-17-33
Status: in_force

The hearings herein provided may be conducted by the commission itself at a regular or special meeting of the commission, or the commission may designate a hearing officer, who may be the executive director, who shall have the power and authority to conduct such hearings in the name of the commission at any time and place as conditions and circumstances may warrant. The hearing officer shall have the record prepared of any hearing which he has conducted for the commission. Such record shall be submitted to the commission along with that hearing officer's findings of fact and recommended decision. Upon receipt and review of the record of the hearing and the hearing officer's findings of fact and recommended decision, the commission shall thereupon render its final decision in the matter. Any person ordered to appear for an alleged violation shall have the right to request a hearing before a majority of the commission if he prefers and such a hearing may then be set for the next regular meeting of the full commission, or specially. A verbatim record of the proceedings of such hearings shall be taken and filed with the commission, together with findings of fact and conclusions of law made by the commission. Witnesses who are subpoenaed shall receive the same fees and mileage as in civil actions. In case of contumacy or refusal to obey a notice of hearing or subpoena issued under this section, the circuit court shall have jurisdiction, upon application of the commission or its representative, to issue an order requiring such person to appear and testify or produce evidence as the case may require and any failure to obey such order of the court may be punished by such court as contempt thereof. Failure to appear at any such hearing, without prior authorization to do so from the commission or its designee, may result in the commission finding the alleged violator guilty of the charges complained of by default, and at such time an order may be entered, including the assessment of a penalty, which, in the opinion of the commission, will best further the purposes of Section 17-17-1 et seq. , and Section 49-17-1 et seq.
Miss. Code Ann. § 49-7-71 — MS Code / Title 49 / Chapter 3 / Section 7-71
Miss. Code Ann. § 49-7-71
Status: in_force

It shall be unlawful for any person to disturb the traps of another or to take any fur-bearing animals from them unless specifically authorized by the owner and any person so doing shall be guilty of larceny, or trespass as the case may be, and punishable as provided by law.
Miss. Code Ann. § 49-35-31 — MS Code / Title 49 / Chapter 26 / Section 35-31
Miss. Code Ann. § 49-35-31
Status: in_force

This article shall be known and may be cited as the “Mississippi Brownfields Voluntary Cleanup and Redevelopment Incentives Act.”
Miss. Code Ann. § 49-27-63 — MS Code / Title 49 / Chapter 2 / Section 27-63
Miss. Code Ann. § 49-27-63
Status: in_force

The commission shall, from time to time, inspect the coastal wetlands to determine whether violations have been or are being committed. The commission or any authorized employee of the Department of Marine Resources may enter at reasonable times upon any private or public property in the performance of duty to enforce the Coastal Wetlands Protection Act.
Miss. Code Ann. § 49-17-105 — MS Code / Title 49 / Chapter 2 / Section 17-105
Miss. Code Ann. § 49-17-105
Status: in_force

All bonds issued by a municipality under authority of Sections 49-17-101 through 49-17-123 shall be limited obligations of such municipality. The principal, interest and redemption premium, if any, shall be payable solely out of the moneys to be derived by the municipality pursuant to the agreements specified in subsections (d) and (e) of Section 49-17-103 . Bonds and interest coupons issued under authority of Sections 49-17-101 through 49-17-123 shall never constitute an indebtedness of such municipality within the meaning of any state constitutional provision or statutory limitation and shall never constitute nor give rise to a pecuniary liability of the municipality, or a charge against its general credit or taxing powers, and such fact shall be plainly stated on the face of each bond. Such bonds may be executed and delivered at any time as a single issue or from time to time as several issues, may be in such form and denominations, may be of such tenor, may be in registered or bearer form either as to principal or interest or both, may be payable in such installments and at such time or times not exceeding forty (40) years from their date, may be subject to such terms of redemption, may be payable at such place or places, may bear interest at such rate or rates as the governing board and the industry shall agree upon, provided that the bonds of any issue shall not bear a greater overall maximum interest rate to maturity than that allowed in Section 75-17-103 ; and may contain such other provisions not inconsistent herewith, as the municipality may determine, all of which shall be provided in the proceedings authorizing the bonds. Any bonds issued under the authority of Sections 49-17-101 through 49-17-123 may be sold at public or private sale at such price and in such manner and from time to time as may be determined by the governing board to be most advantageous, and the governing board may pay, as a part of the cost of acquiring any pollution control facility, and out of the bond proceeds, all expenses, premiums and commissions with the authorization, sale and issuance thereof. All bonds issued under the authority of Sections 49-17-101 through 49-17-123 , except registered bonds which are registered otherwise than to bearer, and all interest coupons appurtenant thereto shall be construed to be negotiable instruments, despite the fact that they are payable solely from a specified source. The proceedings authorizing the issuance of bonds may provide for the issuance, in the future, of further bonds on a parity with those initially issued.

Bonds issued hereunder shall be validated in the chancery court in which the municipality is located.
Miss. Code Ann. § 49-17-65 — MS Code / Title 49 / Chapter 1 / Section 17-65
Miss. Code Ann. § 49-17-65
Status: in_force

(1) Any political subdivision desiring to construct a waste disposal plant approved by the Office of Pollution Control of the Department of Environmental Quality, and which receives a loan from the state for that purpose, shall pledge for the repayment of such loan that part of the sales tax reimbursement to which it is entitled under Section 27-65-75 as may be required to meet a repayment schedule adopted by the State Tax Commission. The repayment schedule shall provide for monthly payments, the largest of which shall not exceed the average monthly payment for the term of years of the contract by more than fifteen percent (15%). The repayment schedule shall provide for the repayment of all funds received within not more than twenty (20) years from the date said loan is actually received by the political subdivision; however, the repayment schedule and the time for repayment of all funds received on loans renegotiated under subsection (6) of this section shall be modified by the State Tax Commission to conform with the terms of the renegotiated loan. The State Tax Commission shall withhold monthly from the amount to be remitted to a political subdivision, a sum equal to the next monthly payment.

(2) When bonds shall have been issued by the State of Mississippi to generate funds to be used for loans to be made under the provisions of Section 49-17-61 , all payments made in repayment under this section shall be deposited into the Water Pollution Abatement Bond Fund established under the provisions of Section 49-17-61 so long as any such bonds shall be outstanding and unpaid.

(3) When all the bonds shall have been paid, such payments shall be deposited in the Water Pollution Abatement Loan Fund (“loan fund”) established under the provisions of Section 49-17-61 .

(4) When no such bonds shall be outstanding and unpaid, the payments shall be deposited in the loan fund.

(5) Funds on deposit in the loan fund may be used to make loans in aid of construction for water pollution abatement upon appropriation by the Legislature.

(6) The Department of Environmental Quality may, on a case-by-case basis, renegotiate the payment of principal on loans made under Sections 49-17-61 through 49-17-70 to political subdivisions located in the six (6) most southern counties of the state covered by the Presidential Declaration of Major Disaster for the State of Mississippi (FEMA-1604-DR) dated August 29, 2005; however, the maturity of the loans shall not be extended for a period of more than forty-eight (48) months.
Miss. Code Ann. § 49-7-79 — MS Code / Title 49 / Chapter 3 / Section 7-79
Miss. Code Ann. § 49-7-79
Status: in_force

(1) It shall be unlawful for any person to knowingly enter the lands of another without the permission of, or without being accompanied by, the landowner or the lessee of the land, or the agent of such landowner or lessee, to hunt, fish, shoot, or trap on the lands or leases of another.

(2) Any person convicted of violating subsection (1) of this section shall be guilty of a misdemeanor, and upon conviction, shall be punished for the first offense by a fine of not less than Five Hundred Dollars ($500.00), nor more than One Thousand Dollars ($1,000.00). Upon conviction of any person for a second or subsequent offense, with the offenses being committed within five (5) years of the last offense, such person shall be punished by a fine of not less than One Thousand Dollars ($1,000.00), nor more than One Thousand Five Hundred Dollars ($1,500.00).

(3) Any person convicted of a second or subsequent offense under subsection (1) of this section, the offenses being committed within a five-year period, shall also forfeit all hunting, trapping, and fishing privileges for a period of one-year. Such person shall pay a reinstatement fee of Five Hundred Dollars ($500.00) to have his or her privileges restored.

(4) Any animal, bird, fish, or parts thereof, that have been unlawfully taken or possessed in violation of subsection (1) of this section shall be seized by a law enforcement officer and disposed of by the department, or under its direction.

(5) In addition to any fine or penalty assessed due to a violation of this section, a person convicted of violating subsection (1) of this section shall also pay restitution to the landowner of not less than One Hundred Dollars ($100.00), nor more than Two Hundred Fifty Dollars ($250.00), for each animal, bird, fish, or parts thereof, taken or possessed in violation of this section. The total amount of restitution authorized by this paragraph shall be paid to the landowner; and shall not exceed an aggregate total of One Thousand Five Hundred Dollars ($1,500.00) regardless of the number of animals unlawfully taken or possessed in violation of this section.
Miss. Code Ann. § 49-19-111 — MS Code / Title 49 / Chapter 2 / Section 19-111
Miss. Code Ann. § 49-19-111
Status: in_force

For the purpose of providing assistance to all farm woodland and timber landowners in the state, including private ownership, and to promote the growing, managing and harvesting of timber thereon, and to provide organized forest fire protection in all counties, and to encourage the production and growth of timber on all lands suitable therefor, and for the better management thereof, and to encourage greater private ownership and promote forest education and timber management and forest fire control, the State Forestry Commission is hereby authorized to carry out the provisions of Sections 49-19-111 through 49-19-117 .
Miss. Code Ann. § 49-17-45 — MS Code / Title 49 / Chapter 5 / Section 17-45
Miss. Code Ann. § 49-17-45
Status: in_force

(1) The Mississippi Commission on Environmental Quality, acting through the Department of Environmental Quality, shall establish and administer, in accordance with the Federal Clean Air Act, the Mississippi Small Business Stationary Source Technical and Environmental Compliance Assistance Program (PROGRAM).

(2) There is created the Mississippi Small Business Compliance Advisory Panel. The Mississippi Small Business Compliance Advisory Panel shall consist of the following members, the term of each to be concurrent with the term of the appointing official of that member:

(a) One (1) member representing the Air Pollution Control Program of the Department of Environmental Quality;

(b) Two (2) members who are not owners or representatives of owners of a small business, appointed by the Governor;

(c) Two (2) members who each shall be the owner or representatives of an owner of a small business, appointed by the Speaker of the House of Representatives; and

(d) Two (2) members who each shall be the owner or representatives of an owner of a small business, appointed by the Lieutenant Governor.

(3) The panel shall elect one (1) member to serve as chairman. The panel shall meet at the call of the chairman at Jackson, Mississippi, or such other places within the state designated by the panel; however, the panel shall not meet more than four (4) times during a calendar year.

(4) Members of the Mississippi Small Business Compliance Advisory Panel shall serve without salary, but each shall be entitled to receive per diem as provided in Section 25-3-69 and his actual travel and hotel expenses incurred while in the performance of his duties as a member of the committee in accordance with Section 25-3-41 . Per diem and expenses shall be paid on an itemized statement approved by the State Fiscal Officer from fees collected under Section 49-17-30 .

(5) The Mississippi Small Business Compliance Advisory Panel shall:

(a) Render advisory opinions concerning:

(i) The effectiveness of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program;

(ii) Difficulties encountered; and

(iii) Degree and severity of enforcement;

(b) Make periodic reports to the Administrator of the U.S. Environmental Protection Agency concerning the compliance of the State Small Business Stationary Source Technical and Environmental Compliance Assistance Program with the requirements of the federal Paperwork Reduction Act, the federal Regulatory Flexibility Act, and the federal Equal Access to Justice Act;

(c) Review information for small business stationary sources to assure such information is understandable by the layperson; and

(d) Have the Small Business Stationary Source Technical and Environmental Compliance Assistance Program serve as the secretariat for the development and dissemination of such reports and advisory opinions.
Miss. Code Ann. § 49-7-163 — MS Code / Title 49 / Chapter 2 / Section 7-163
Miss. Code Ann. § 49-7-163
Status: in_force

It is unlawful for any person sixteen (16) years of age or older to hunt or take any migratory waterfowl within this state without first procuring a state migratory waterfowl stamp or its electronic equivalent and having the stamp or proof of purchase of the electronic equivalent in his possession while hunting or taking any migratory waterfowl. Any penalty for not having the stamp in possession while engaged in hunting or taking migratory waterfowl shall be waived if the person can verify purchase of a stamp prior to the date of the violation. Each stamp shall be validated by the signature of the licensee written across the face of the stamp or the proof of purchase of the electronic equivalent. The commission shall determine the form of the stamp and the electronic equivalent and shall furnish the stamps to bonded agents for issuance or sale in the same manner as other types of licenses or cause the electronic equivalent to accrue to the purchaser's benefit when purchasing a license from an automated point of sale vendor.
Miss. Code Ann. § 49-23-21 — MS Code / Title 49 / Chapter 7 / Section 23-21
Miss. Code Ann. § 49-23-21
Status: in_force

In addition to the remedies provided in Sections 49-23-1 through 49-23-29, Mississippi Code of 1972 , and which may otherwise exist under the laws of this state, the State Highway Commission is authorized to petition the chancery court of any county where any unlawful or unauthorized outdoor advertising sign, device or display may exist for injunctive or other appropriate relief. The owner or owners of each and every outdoor advertising sign, device or display shall be deemed to be doing business within this state in each and every county in which such owner or owners shall have erected, or cause to be erected, or maintained, and there shall continue to exist, an outdoor advertising sign, device or display. Once jurisdiction over the parties is obtained, such chancery court shall have such jurisdiction over the parties as is necessary in order to determine if any of said owner or owners' outdoor advertising is in violation of the provisions of this chapter, and to enforce the provisions of this chapter, as to each and every outdoor advertising sign, device or display of such owner or owners within this state, wheresoever located. However, any such action shall be res adjudicata only as to the outdoor advertising signs, devices or displays specifically made a part of such action; and the State Highway Commission shall be authorized and empowered to maintain any and all other actions as to other outdoor advertising of such owner or owners wheresoever located, but not specifically made a part of a previous action. The court may award costs of any action brought under this section, including court costs, expenses and reasonable attorney's fees, to the prevailing party.
Miss. Code Ann. § 49-27-55 — MS Code / Title 49 / Chapter 23 / Section 27-55
Miss. Code Ann. § 49-27-55
Status: in_force

(a) Any person who performs or causes to be performed any activity regulated by this chapter for which a permit has not been obtained, violates any provision of this chapter, regulation promulgated pursuant to this chapter or any condition of a permit, shall be liable to the State of Mississippi for the restoration of all affected coastal wetlands to their condition prior to such violation, insofar as such restoration is possible, and for any and all damages to the wetlands. The appropriate chancery court by writ of mandatory injunction shall allow a reasonable time for completion of the restoration and may, in its discretion, order as punitive damages a sum not to exceed Five Hundred Dollars ($500.00) per day for each day such violation has existed. The chancery court may further order as punitive damages a sum not to exceed Five Hundred Dollars ($500.00) per day for each day that the violation exists beyond the date set by the court in its injunction for the restoration of the wetland. If injunctive relief is not sought, the appropriate circuit or county court shall have jurisdiction over any action for damages and/or punitive damages as set forth in this paragraph.

(b) Nothing in this chapter shall preclude other statutory or common law remedies by public or private parties against violators or nonviolators of this chapter.
Miss. Code Ann. § 49-17-67 — MS Code / Title 49 / Chapter 8 / Section 17-67
Miss. Code Ann. § 49-17-67
Status: in_force

Before any political subdivision shall receive any loan it shall have executed with the state tax commission a repayment agreement, a copy of which must also be filed with the bureau of pollution control of the department of natural resources, after which the bureau shall enter upon its minutes a certificate certifying that the waste disposal plant has been approved, a copy of which certificate must be delivered to and filed with the Mississippi State Tax Commission. The repayment schedule hereinabove provided for shall not be construed to prohibit any recipient from prepaying any part or all of the funds received.
Miss. Code Ann. § 49-15-203 — MS Code / Title 49 / Chapter 3 / Section 15-203
Miss. Code Ann. § 49-15-203
Status: in_force

(1) Except as otherwise provided in Section 49-15-207 , an owner of property that has been seized pursuant to Section 49-15-21 or 59-21-33, Mississippi Code of 1972 , shall file an answer within thirty (30) days after the completion of service of process. If an answer is not filed, the court shall hear evidence that the property is subject to forfeiture and forfeit the property to the Department of Marine Resources or the local law enforcement agency. If an answer is filed, a time for hearing on forfeiture shall be set within thirty (30) days of filing the answer or at the succeeding term of court, if court would not be in progress within thirty (30) days after filing the answer. Provided, however, that upon request by the Department of Marine Resources, the local law enforcement agency or the owner of the property, the court may postpone said forfeiture hearing to a date past the time any criminal action is pending against said owner.

(2) If the owner of the property has filed an answer denying that the property is subject to forfeiture, then the burden is on the petitioner to prove that the property is subject to forfeiture. However, if an answer has not been filed by the owner of the property, the petition for forfeiture may be introduced into evidence and is prima facie evidence that the property is subject to forfeiture. The standard of proof placed upon the petitioner in regard to property forfeited under the provisions of this article shall be by a preponderance of the evidence.

(3) At the hearing any claimant of any right, title or interest in the property may prove his lien, encumbrance, security interest or other interest in the nature of a security interest to be bona fide and created without knowledge or consent that the property was to be used so as to cause the property to be subject to forfeiture.

(4) If it is found that the property is subject to forfeiture, then the judge shall forfeit the property to the Department of Marine Resources or the local law enforcement agency. However, if proof at the hearing discloses that the interest of any bona fide lien holder, secured party, other person holding an interest in the property in the nature of a security interest is greater than or equal to the present value of the property, the court shall order the property released to him. If such interest is less than the present value of the property and if the proof shows that the property is subject to forfeiture, the court shall order the property forfeited to the Department of Marine Resources or the local law enforcement agency.
Miss. Code Ann. § 49-23-13 — MS Code / Title 49 / Chapter 9 / Section 23-13
Miss. Code Ann. § 49-23-13
Status: in_force

All persons, partnerships, corporations or other business entities engaging in the outdoor advertising business, except persons erecting signs for personal activities or business, which includes but is not limited to the erection, maintenance and selling of advertising space on and along the highways and public roads of Mississippi, shall be required to provide the Mississippi State Highway Commission a bond under the rules and regulations as promulgated by the highway commission, but provided said bond does not exceed One Thousand Dollars ($1,000.00) in amount.
Miss. Code Ann. § 49-5-17 — MS Code / Title 49 / Chapter 3 / Section 5-17
Miss. Code Ann. § 49-5-17
Status: in_force

Bonds may be issued by any municipality or county as now authorized by Section 55-9-1 to secure funds to purchase the required lands and to construct game and fish management projects, all of which shall be done under the direction of the commission. Such bonds shall be retired by the proceeds of ad valorem taxes levied by such counties and municipalities, and the commission may pledge to the payment of such bonds any funds accruing to it under this chapter.
Miss. Code Ann. § 49-15-16 — MS Code / Title 49 / Chapter 4 / Section 15-16
Miss. Code Ann. § 49-15-16
Status: in_force

The department may develop a limited entry fisheries management program for all resource groups. The department may require a license for each resource group and shall establish the fees for such licenses. The department may establish a means test or any other criteria to determine eligibility for licenses under the limited entry program. The department may impose a moratorium on the issuance of licenses for a fishery resource.
Miss. Code Ann. § 49-27-29 — MS Code / Title 49 / Chapter 27 / Section 27-29
Miss. Code Ann. § 49-27-29
Status: in_force

In granting or modifying any permit, the commission may impose conditions or limitations on the proposed activity designed to carry out the public policy set forth in this chapter. Permits shall be valid for not more than five (5) years from the date of issuance, except that permits issued to a governmental entity shall be valid for not more than ten (10) years. The commission may issue one (1) extension not to exceed two (2) years in length if the applicant requests it in writing before the expiration date of the permit.
Miss. Code Ann. § 49-17-45 — MS Code / Title 49 / Chapter 11 / Section 17-45
Miss. Code Ann. § 49-17-45
Status: in_force

(1) The Mississippi Commission on Environmental Quality, acting through the Department of Environmental Quality, shall establish and administer, in accordance with the Federal Clean Air Act, the Mississippi Small Business Stationary Source Technical and Environmental Compliance Assistance Program (PROGRAM).

(2) There is created the Mississippi Small Business Compliance Advisory Panel. The Mississippi Small Business Compliance Advisory Panel shall consist of the following members, the term of each to be concurrent with the term of the appointing official of that member:

(a) One (1) member representing the Air Pollution Control Program of the Department of Environmental Quality;

(b) Two (2) members who are not owners or representatives of owners of a small business, appointed by the Governor;

(c) Two (2) members who each shall be the owner or representatives of an owner of a small business, appointed by the Speaker of the House of Representatives; and

(d) Two (2) members who each shall be the owner or representatives of an owner of a small business, appointed by the Lieutenant Governor.

(3) The panel shall elect one (1) member to serve as chairman. The panel shall meet at the call of the chairman at Jackson, Mississippi, or such other places within the state designated by the panel; however, the panel shall not meet more than four (4) times during a calendar year.

(4) Members of the Mississippi Small Business Compliance Advisory Panel shall serve without salary, but each shall be entitled to receive per diem as provided in Section 25-3-69 and his actual travel and hotel expenses incurred while in the performance of his duties as a member of the committee in accordance with Section 25-3-41 . Per diem and expenses shall be paid on an itemized statement approved by the State Fiscal Officer from fees collected under Section 49-17-30 .

(5) The Mississippi Small Business Compliance Advisory Panel shall:

(a) Render advisory opinions concerning:

(i) The effectiveness of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program;

(ii) Difficulties encountered; and

(iii) Degree and severity of enforcement;

(b) Make periodic reports to the Administrator of the U.S. Environmental Protection Agency concerning the compliance of the State Small Business Stationary Source Technical and Environmental Compliance Assistance Program with the requirements of the federal Paperwork Reduction Act, the federal Regulatory Flexibility Act, and the federal Equal Access to Justice Act;

(c) Review information for small business stationary sources to assure such information is understandable by the layperson; and

(d) Have the Small Business Stationary Source Technical and Environmental Compliance Assistance Program serve as the secretariat for the development and dissemination of such reports and advisory opinions.
Miss. Code Ann. § 49-17-421 — MS Code / Title 49 / Chapter 4 / Section 17-421
Miss. Code Ann. § 49-17-421
Status: in_force

(1) After receiving the annual report and recommendation of the Underground Storage Tank (UST) Advisory Council, the commission may assess and collect an annual tank regulatory fee in an amount sufficient to administer Sections 49-17-401 through 49-17-435 , but not to exceed Two Hundred Dollars ($200.00) per tank. The fee, as set by the commission, shall be assessed per tank per year and shall be collected from the owner of each underground storage tank available for use in Mississippi on July 1, 1988, or brought into use or available for use after that date, as provided in the Mississippi Underground Storage Tank Act of 1988 ( Sections 49-17-401 through 49-17-435 ). The fee assessed under this section is a debt due by the owner of each tank in use in Mississippi on July 1, 1988, or brought into use after that date.

(2) The commission shall establish the amount of the tank regulatory fee to cover the costs of the Underground Storage Tank Program. The fee for each state fiscal year shall be set by order of the commission, which shall include:

(a) A receipt of the report and recommendations of the UST Advisory Council, and

(b) A public notice to allow the public a period of at least thirty (30) days to provide comments regarding the underground storage tank fee report and recommendation, or to request a public hearing in accordance with Section 49-17-29(4)(a) .

The department may conduct a public hearing on the tank regulatory fee when a significant level of public interest exists or when warranted by other factors. Notwithstanding the provisions of this subsection (2), the commission may proceed with entry of the order if the UST Advisory Council fails to submit its report in a timely manner.

The tank regulatory fee shall be due July 1 of each year, and if any part of the fee is not paid within thirty (30) days after the due date, a penalty of fifty percent (50%) of the amount due shall accrue at once and be added to the fee, unless the owner of the underground storage tank demonstrates to the commission that the failure to make timely payment was unavoidable due to financial hardship or otherwise beyond the control of the owner.

Monies collected under this section shall be deposited in a special fund which is created in the State Treasury. Unexpended amounts remaining in the special fund at the end of the fiscal year shall not lapse into the General Fund and any interest earned on amounts in the special fund shall be credited to the special fund by the Treasurer. The fund may receive monies from any available public or private source, including, but not limited to, the fund, collection of fees, interest, grants, taxes, public or private donations and judicial actions. Monies in this special fund shall be expended by annual appropriation approved by the Legislature to administer Sections 49-17-401 through 49-17-435 .
Miss. Code Ann. § 49-37-3 — MS Code / Title 49 / Chapter 10 / Section 37-3
Miss. Code Ann. § 49-37-3
Status: in_force

(1) The Legislature finds that:

(a) Numerous federal and state agencies collect and manage scientific information relating to the environment and natural resources of the state;

(b) Scientific information is a strategic asset in the management of our natural resources, exploration for oil and gas and economic development activities; and

(c) Lack of coordination in the collection and management of scientific information can lead to duplication of efforts and inefficient information management thus leading to increased and unnecessary costs.

(2) The purpose of this chapter is to establish a statewide coordinated effort to provide for the management of scientific information to ensure the effective and efficient collection, management, dissemination and analysis of scientific information available to the state and to provide that information in a user-friendly format to governmental agencies, academic institutions, other public and private organizations and the general public for economic development, natural resources and environmental management and other purposes.
Miss. Code Ann. § 49-28-47 — MS Code / Title 49 / Chapter 9 / Section 28-47
Miss. Code Ann. § 49-28-47
Status: in_force

This chapter shall be liberally construed for the purposes herein set out, the powers hereby granted being additional, cumulative and supplemental to any power granted to a board of supervisors by any general or local and private act of the Legislature.
Miss. Code Ann. § 49-19-27 — MS Code / Title 49 / Chapter 17 / Section 19-27
Miss. Code Ann. § 49-19-27
Status: in_force

(1) There is created in the State Treasury a fund designated as the Tree Seedling Revolving Fund. The State Forestry Commission shall use the fund to contract for the production or purchase of tree seedlings, for resale to Mississippi landowners for reforestation.

(2) The Tree Seedling Revolving Fund shall be funded by monies received from the sale of contract seedlings to Mississippi landowners. Monies collected from the sales shall be deposited into the Tree Seedling Revolving Fund. The State Treasurer shall make disbursements for payment of production or purchase of seedlings upon requisition by the Forestry Commission and upon the issuance of warrants by the Department of Finance and Administration.

(3) The Tree Seedling Revolving Fund is created to supplement the State Forestry Commission's seedling production capacity and not for its replacement.
Miss. Code Ann. § 49-27-53 — MS Code / Title 49 / Chapter 6 / Section 27-53
Miss. Code Ann. § 49-27-53
Status: in_force

Jurisdiction and venue for judicial actions brought pursuant to this chapter shall lie in any county or counties in which the alleged violation occurs or in which property affected by such violation is located.
Miss. Code Ann. § 49-5-149 — MS Code / Title 49 / Chapter 2 / Section 5-149
Miss. Code Ann. § 49-5-149
Status: in_force

The commission shall have the following powers and duties:

(a) To utilize inventory data compiled by the Mississippi Wildlife Heritage Program concerning the natural areas of the state;

(b) To accept on behalf of the people of Mississippi any right, title or interest to any natural area;

(c) To establish and maintain a register of natural areas;

(d) To select natural areas for placement on the register of natural areas or for dedication as a natural area preserve, or both;

(e) To provide for the management of natural area preserves by designating an appropriate agency to manage the preserve in accordance with the provisions set forth in the articles of dedication which establish the natural area as a natural area preserve;

(f) To cooperate with any agency of the United States, the State of Mississippi and any other state, any political subdivision of this state and with private persons or organizations to implement the provisions of Sections 49-5-141 through 49-5-157 ;

(g) To discharge any other duty or action necessary to implement the provisions of Sections 49-5-141 through 49-5-157 .
Miss. Code Ann. § 49-11-9 — MS Code / Title 49 / Chapter 11 / Section 11-9
Miss. Code Ann. § 49-11-9
Status: in_force

This chapter is supplemental and in addition to any other laws on related subject matters. Any license required under this chapter is in addition to any other licenses which may be required for commercial raising and sale of game birds or for the raising of game birds for propagation.
Miss. Code Ann. § 49-5-119 — MS Code / Title 49 / Chapter 4 / Section 5-119
Miss. Code Ann. § 49-5-119
Status: in_force

The cost of programs established under Sections 49-5-101 through 49-5-119 shall be borne by any funds or property donated or granted for such purposes by any firm, person, corporation or agency of the U.S. Government and/or from such funds as may be appropriated from time to time by the Legislature; provided, further, that such funds as may be donated or granted by any firm, person, corporation or agency of the U.S. Government shall be placed in a separate fund to be known as “the endangered species protection fund” and such funds may be spent by the commission in its discretion as they become available in carrying out the provisions of Sections 49-5-101 through 49-5-119 .

Provided, further, the commission may in its discretion have printed, issue and sell singly or in blocks of five annual editions of not more than five thousand (5,000) endangered species stamps for sale and voluntary purchase as a contribution at Five Dollars ($5.00) each; and funds so derived, less printing costs, shall be deposited in the endangered species fund.
Miss. Code Ann. § 49-7-16 — MS Code / Title 49 / Chapter 1 / Section 7-16
Miss. Code Ann. § 49-7-16
Status: in_force

(1) Any person, whether a resident or nonresident of this state, who is a fur dealer, or who regularly buys fur-bearing animals from trappers or hunters, shall be required to obtain a license under this section. Application for such license shall be made to any of the officials authorized to issue licenses under Chapter 7 of Title 49, Mississippi Code of 1972 . The license fee shall be Fifty Dollars ($50.00) for residents, together with the fee provided in Section 49-7-17 . The license shall be good for one (1) year from the date of issuance unless suspended or revoked earlier, and it is renewable upon payment of the fee. The license shall be carried on the person of the holder whenever he is engaged in the business of fur dealer or engaged in buying fur-bearing animals.

(2) Dealers or those persons who regularly buy fur-bearing animals from trappers or hunters are authorized to possess inventories of dried or stretched furs and skins at any time. However, dealers or other fur buyers are authorized to buy, transport, sell or offer for sale inventories of fur for only ninety (90) days beyond the close of the trapping season set by the commission. The commission shall, in its discretion, extend the ninety-day period for buying, transporting, selling or offering for sale inventories of fur.

(3) The commission may require tagging of furs to account for harvest of a species in a specific location. Dealers shall be required to maintain accurate records of purchases. Such dealer records and fur houses shall be open to conservation officers on request for inspection without warrant.

(4) Persons acquiring fur for the sole purpose of tanning, dressing, manufacturing or otherwise preparing finished fur products are authorized to buy, sell, possess and transport inventories of fur and finished fur products at any time for these and related purposes.
Miss. Code Ann. § 49-13-9 — MS Code / Title 49 / Chapter 10 / Section 13-9
Miss. Code Ann. § 49-13-9
Status: in_force

The sale or transfer or ownership of any pen-raised quail carcasses must originate with a sale or transfer made by a licensed commercial quail breeder.

Each licensed quail producer shall display the license on the premises in easy view and shall keep a record of each bird sale or gift.

The record of bird transfer should include the following entries: kind and number of quail, date of ownership transfer and name and address of purchaser or gift recipient. The record of transfer of ownership must be kept current and available at all times for inspection by a representative of the department. Record discrepancies may cause the licensed quail producer to be charged with a misdemeanor.

Any individual or owner of a business establishment possessing quail from a licensed producer shall be subject to having the birds confiscated and may be charged with a misdemeanor if a record of transfer of ownership does not appear on the record book of the licensed producer from whom the person in question states that he purchased or received the birds.
Miss. Code Ann. § 49-35-9 — MS Code / Title 49 / Chapter 6 / Section 35-9
Miss. Code Ann. § 49-35-9
Status: in_force

(1)(a) If the department and a brownfield party reach a proposed agreement, then at least thirty (30) days before the date that the commission considers the proposed brownfield agreement under Section 49-35-11 , the department shall publish a public notice in a newspaper of general circulation in the county or counties in which the brownfield agreement site is located. The public notice shall (i) describe the proposed brownfield agreement, including the proposed brownfield agreement site; (ii) request public comment on the proposed agreement within thirty (30) days after the date of publication of the notice; and (iii) provide the date and location of the commission's consideration of the proposed brownfield agreement. A copy of the proposed brownfield agreement shall be filed for public inspection in the county courthouse of the county or counties in which the proposed brownfield agreement site is located.

(b) The commission shall notify in writing the governing authority of the local government in which the proposed site is located.

(c) At the time of publication of the public notice under paragraph (a) of this subsection, an applicant brownfield party shall notify by certified mail, each record owner of property contiguous to the brownfield agreement site identified by the brownfield party after examination of the land records of the county or counties in which the brownfield agreement site is located at the address contained in the county records, if available. No brownfield agreement shall be declared invalid based on failure of any person to receive notice under this subsection.

(d) The commission may by regulation require additional public notice.

(2) The department may conduct a public hearing on the proposed brownfield agreement in the county in which the majority of the proposed brownfield agreement site is located, or in any other location in the local area of the proposed brownfield agreement site that is convenient to the members of the public who may have an interest in the proposed brownfield agreement. The department shall publish a notice of the hearing in a newspaper of general circulation in the county or counties in which the proposed brownfield agreement site is located. The department shall provide to the commission for review before its consideration of the proposed brownfield agreement all public comments and the transcript of any public hearing on the proposed brownfield agreement.
Miss. Code Ann. § 49-28-9 — MS Code / Title 49 / Chapter 10 / Section 28-9
Miss. Code Ann. § 49-28-9
Status: in_force

If no petition requiring an election is filed or if three-fifths ( 3 / 5 ) of those voting in the election provided in Section 49-28-7 vote in favor of the creation of the district, the board of supervisors shall adopt a resolution creating the district as described in the resolution of intent.
Miss. Code Ann. § 49-33-9 — MS Code / Title 49 / Chapter 18 / Section 33-9
Miss. Code Ann. § 49-33-9
Status: in_force

(1) Right of action: Any action by the State of Mississippi that constitutes an inverse condemnation of forest or agricultural land, timber, wood or forest products, including nongame species or personal property rights associated with conducting forestry or agricultural activities, shall give the owner a cause of action under Section 11-46-1 et seq. for the payment of awards against the entity or entities causing the inverse condemnation, notwithstanding any provision of this chapter to the contrary. The owner shall have the right to file an inverse condemnation action before any court having jurisdiction over the county in which the forest or agricultural land is located. A determination that a use is noxious in fact or possesses a demonstrable harm to the public health and safety is not binding upon a court of law and a judicial review of the action shall be de novo.

(2) Subsequent repeal or rescission by the state: The entity sued in any inverse condemnation action shall have the right to repeal the action complained of in the suit before a decision becoming final. Such repeal shall entitle the owner to recover its damages arising out of the action before the repeal, and, in the discretion of the court, its costs of litigation (including reasonable attorney and expert witness fees). Subsequent repeal of the action by the state after a decision has become final shall not entitle the state to refuse payment, obtain a return of payment (if made) or result in ownership in the property by the state (absent a taking of one hundred percent (100%) of the property).

(3) Payment of awards for inverse condemnation: Payment of awards for inverse condemnation shall be made by the entity or entities as determined by the court subject to applicable limits provided in Section 11-46-15 . Payment shall not result in ownership in the property by the state (absent a taking of one hundred percent (100%) of the property). If more than one (1) entity is involved, the payment shall be made in the percentage of liability as allocated by the trier of fact in the inverse condemnation action. If any county, municipality, or political subdivision of the state whose actions constitute inverse condemnation as defined in this chapter are unable to pay the costs awarded, then the action causing the inverse condemnation shall be rescinded within sixty (60) days after the judgment of the court.
Miss. Code Ann. § 49-17-423 — MS Code / Title 49 / Chapter 6 / Section 17-423
Miss. Code Ann. § 49-17-423
Status: in_force

The commission shall administer the expenditure of any funds made available from the Leaking Underground Storage Tank Trust Fund established by the Federal Superfund Amendments and Reauthorization Act of 1986, Public Law No. 99-499 , October 17, 1986, Public Law No. 99-563 , October 27, 1986, 42 USC Sections 9671 - 9675 , and shall have authority to promulgate any rules and regulations necessary to administer this program.
Miss. Code Ann. § 49-9-3 — MS Code / Title 49 / Chapter 9 / Section 9-3
Miss. Code Ann. § 49-9-3
Status: in_force

The ownership and title of all mussels found in or upon the fresh water bottoms within this state, is hereby declared to be vested in the state.
Miss. Code Ann. § 49-8-5 — MS Code / Title 49 / Chapter 8 / Section 8-5
Miss. Code Ann. § 49-8-5
Status: in_force

The following wild animals are classed as animals inherently dangerous to humans:

(a) Order Primates:

(i) Family Pongidae (gibbons, orangutan, chimpanzees, siamangs and gorillas) -- all species;

(ii) Family Cercopithecidae:

A. Genus Macaca (macaques) -- all species;

B. Genus Papio (mandrills, drills and baboons) -- all species;

C. Theropithecus Gelada (Gelada baboon);

(b) Order Carnivora:

(i) Family Canidae:

A. Genus Canis (wolves, jackals and dingos; all species, including crosses between wolves and domestic animals);

B. Chrysocyon brachyurus (maned wolf);

C. Cuon alpinus (red dog);

D. Lycaon pictus (African hunting dog);

(ii) Family Ursidae (bears) -- all species;

(iii) Family Mustelidae -- Gulo gulo (wolverine);

(iv) Family Hyaenidae (hyenas) -- all species;

(v) Family Felidae:

A. Genus Leo or Panthera or Neofelis (lions, tigers, jaguars and leopards) -- all species;

B. Unica unica (snow leopard);

C. Acinonyx jubatus (cheetah);

D. Felis concolor (cougar) -- all subspecies;

(c) Order Proboscidae: Family Elephantidae (elephants) -- all species;

(d) Order Perissodactyla: Family Rhinocerotidae (rhinoceroses) -- all species;

(e) Order Artiodactyla:

(ii) Family Hippopotamidae -- Hippopotamus amphibius (hippopotamus);

(ii) Family Bovidae: Syncerus caffer (African buffalo).
Miss. Code Ann. § 49-1-43.1 — MS Code / Title 49 / Chapter 1 / Section 1-43.1
Miss. Code Ann. § 49-1-43.1
Status: in_force

(1) A conservation officer may enter in or upon public or private lands or waters where game or fish are known to range in the performance of his duties to enforce the wildlife laws of the state and the conservation officer shall not be subject to criminal liability for trespass while performing such duties.

(2) The provisions of subsection (1) of this section shall not authorize a conservation officer to engage in any conduct in violation of a person's constitutional right against unreasonable searches and seizures nor expand or enlarge upon the powers and duties of a conservation officer as specifically provided for under Section 49-1-43 .
Miss. Code Ann. § 49-7-58.1 — MS Code / Title 49 / Chapter 4 / Section 7-58.1
Miss. Code Ann. § 49-7-58.1
Status: in_force

(1) The owner of any enclosure containing white-tailed deer that prevents the free egress of white-tailed deer from the enclosed area shall notify and register with the Department of Wildlife, Fisheries and Parks. The person shall give his name, the location of the enclosure, the acreage within the enclosure, and whether any deer have been imported into the state and placed in the enclosure, and any other information required by the Commissioner on Wildlife, Fisheries and Parks.

(2) Persons who constructed an enclosure prior to July 1, 2003, shall have until January 1, 2004, to notify and provide the information required under this section. The person shall use acceptable hunting and wildlife management practices as may be determined by the department.

(3) The owner of such an enclosure shall comply with all rules and regulations promulgated by the Commission on Wildlife, Fisheries and Parks for the testing of white-tailed deer harvested within an enclosure, or whose death was due to causes other than hunting activity, as required by Section 49-7-58.6 . If chronic wasting disease is diagnosed within five (5) miles of the enclosure, the owner of such enclosure shall allow department personnel to enter the enclosure to utilize the best collection methods possible to obtain tissue samples for testing. If chronic wasting disease is diagnosed within the enclosure, the owner shall work with the commission to determine a solution for containing the disease within the enclosure; however, the commission shall not declare surrounding or adjoining properties within a five (5) mile radius of the enclosure a CWD Management Zone, until chronic wasting disease is positively detected within such radius on these surrounding or adjoining properties.

(4) Violations of this section shall be punishable as provided in Section 49-7-58.6 .
Miss. Code Ann. § 49-37-11 — MS Code / Title 49 / Chapter 2 / Section 37-11
Miss. Code Ann. § 49-37-11
Status: in_force

The Department of Environmental Quality shall serve as the coordinator for implementation of this chapter. The Department of Environmental Quality shall provide any technical and other support services and personnel as the Mississippi Scientific Information Management System Coordinating Council may require in the performance of its functions. The Department of Environmental Quality shall administer any funds made available to the coordinating council for its use and shall at the request and on behalf of the coordinating council, contract for services using any funds available to the coordinating council.
Miss. Code Ann. § 49-4-37 — MS Code / Title 49 / Chapter 1 / Section 4-37
Miss. Code Ann. § 49-4-37
Status: in_force

(1) The Department of Wildlife, Fisheries and Parks may establish and operate a fish hatchery in North Mississippi, to be named the Bob Tyler Fish Hatchery, at a site to be determined by the department with the approval of the commission to enable the department to adequately stock public lakes and streams in North Mississippi. For such purpose, the department shall use those funds that are made available by any agency of the state or federal government, an appropriation by the Legislature or any other source. The department is designated as the governing authority of any such fish hatchery and the operation and maintenance of the fish hatchery shall meet the standards of the department and state law regarding the operation of a fish hatchery. The department may accept funds from any source and those funds shall be used to pay the maintenance, operational and administrative expenses of the fish hatchery.

(2) The Tombigbee River Valley Water Management District is authorized to transfer to the Department of Wildlife, Fisheries and Parks fee title of no more than eighty (80) acres of approved replacement land to be surveyed from the following tract of land:

The Northeast Quarter of the Northwest Quarter of Section 20, Township 12, Range 8, Monroe County, Mississippi, containing 40 acres more or less.

All that land in the Northeast Quarter; north of a line starting at monument stamped “LA-42A”; and running northeasterly to a monument stamped “LA-43”, Section 20, Township 12, Range 8, Monroe County, Mississippi, containing 105.42 acres more or less.

The land shall be transferred once an acceptable lease agreement between the Mississippi Department of Wildlife, Fisheries and Parks and the U.S. Army Corps of Engineers is secured and the department is given the authority and appropriation to construct a fish hatchery.

(3) The Mississippi Department of Wildlife, Fisheries and Parks shall have the authority to transfer the land necessary to reach the equal value for lands offered by the U.S. Army Corps of Engineers for the construction of a fish hatchery.
Miss. Code Ann. § 49-17-433 — MS Code / Title 49 / Chapter 2 / Section 17-433
Miss. Code Ann. § 49-17-433
Status: in_force

The provisions of Sections 49-17-401 through 49-17-433 are severable. If any part of Sections 49-17-401 through 49-17-433 is declared invalid or unconstitutional, such declaration shall not affect the part which remains.
Miss. Code Ann. § 49-27-65 — MS Code / Title 49 / Chapter 4 / Section 27-65
Miss. Code Ann. § 49-27-65
Status: in_force

(a) To implement the policy set forth in the chapter and to assist in the protection of coastal wetlands, the commission acting with the cooperation and assistance of the Gulf Regional Planning Commission and the Gulf Coast Research Laboratory shall evaluate the coastal wetlands and prepare charts at an appropriate scale showing the distribution of coastal wetlands as defined in this chapter. These charts will be provided to the offices of the chancery clerk of affected counties and to the Gulf Regional Planning Commission. The charts will be updated and reissued periodically as needed to provide a current inventory of coastal wetlands.

(b) The commission shall promote the education of the public about scientific and economic knowledge concerning coastal wetlands.

(c) In recognition of the national policy expressed in the Coastal Zone Management Act of 1972, Public Law 92-583 , the commission is directed to include an overall plan for use of coastal and private wetlands in the Mississippi Coastal Zone Management Plan being prepared by the commission. The commission is further directed to identify and include in such plan specific coastal and private wetlands which should be set aside as estuarine sanctuaries.
Miss. Code Ann. § 49-7-4 — MS Code / Title 49 / Chapter 2 / Section 7-4
Miss. Code Ann. § 49-7-4
Status: in_force

The records of the Department of Wildlife, Fisheries and Parks relating to applications for and sales of any resident or nonresident licenses issued under this chapter, and all records related to holders of such licenses, are exempt from the provisions of the Mississippi Public Records Act of 1983, in accordance with Section 25-61-11 , and shall be released only upon order of a court having proper jurisdiction over a petition for release of the record or records. However, upon request, the records specified in this section shall be available to all law enforcement agencies.
Miss. Code Ann. § 49-17-518 — MS Code / Title 49 / Chapter 10 / Section 17-518
Miss. Code Ann. § 49-17-518
Status: in_force

(1) After July 1, 2009, it is unlawful for an individual who does not possess a valid lead-based paint dust sampling technician certificate to work as a dust sampling technician on a lead-based paint renovation.

(2) To qualify for a lead-based paint dust sampling technician certificate, an applicant shall:

(a) Have a high school diploma or its equivalent;

(b) Satisfactorily complete an accredited training program for lead-based paint dust sampling technicians; or

(c) Have successfully completed an accredited lead-based paint inspector or risk assessor course and have completed an accredited refresher dust sampling technician course; and

(d) Demonstrate to the satisfaction of the commission that the applicant is familiar with and capable of complying fully with all applicable federal and state laws and regulations.
Miss. Code Ann. § 49-17-19 — MS Code / Title 49 / Chapter 3 / Section 17-19
Miss. Code Ann. § 49-17-19
Status: in_force

In order to carry out the purposes of Sections 49-17-1 through 49-17-43 , the commission may set ambient standards of air and water quality for the state or portions thereof. Such ambient standards of quality shall be such as to protect the public health and welfare and the present and prospective future use of such air and of such waters for public water supplies, propagation of fish and aquatic life and wildlife, recreational purposes, and agricultural, industrial and other legitimate uses. Such ambient standards may be amended from time to time as determined to be necessary by the commission. In order to carry out the purposes of Sections 49-17-1 through 49-17-43 , the commission may also set emission standards for the purpose of controlling air contamination, air pollution and the sources thereof. In establishing ambient air quality standards for odor, the commission shall adopt recognized objective standards if they exist. In the absence of a recognized objective ambient air quality standard for odor, the commission may adopt such subjective standards as may be appropriate.

In establishing such standards relating to pesticides and commercial fertilizers for underground water, the commission shall adopt federal standards if they exist. If no federal standard exists, the commission shall petition the U.S. Environmental Protection Agency to establish a federal standard for the substance of interest. If the commission determines that a federal standard cannot be obtained within thirty (30) days, it shall consult with the U.S. Environmental Protection Agency's Office of Drinking Water and Office of Pesticide Programs regarding the agency's conclusion relative to available toxicological information on the substance of interest and on the methodology used for establishing a federal standard. The commission shall utilize this information and methodology to establish a standard. The commission may also consult with and request similar information from other sources.
Miss. Code Ann. § 49-7-38.1 — MS Code / Title 49 / Chapter 1 / Section 7-38.1
Miss. Code Ann. § 49-7-38.1
Status: in_force

(1) The Mississippi Commission on Wildlife, Fisheries and Parks shall establish a special hunting permit for youth under the age of eighteen (18) who have a life threatening illness. This permit may be for any number of days in length but only for the class of persons deemed to have a life threatening illness by the commission. This special hunting permit for youth having a life threatening illness may occur anytime during the calendar year and for any game bird or game animal. However, the commission may not allow these permits during any time that conflicts with laws governing the taking of federally protected birds or species. The commission shall select participants, set the cost of permits, if any, the number of permits to be issued and the length of the special permits.

(2) The commission may establish and regulate special youth hunts for all nonmigratory game birds and animals outside of the open season on wildlife management areas and on private lands for youth under the age of eighteen (18) who are deemed to have a life threatening illness. This permit may be for any number of days in length but only for the class of persons deemed to have a life threatening illness by the commission. The commission shall select participants, set the cost of permits, if any, the number of permits to be issued and the length of the special permit.
Miss. Code Ann. § 49-19-217 — MS Code / Title 49 / Chapter 17 / Section 19-217
Miss. Code Ann. § 49-19-217
Status: in_force

If an eligible owner cannot provide his own resources or procure a private vendor to implement any approved practice, the commission, in its discretion, may act as vendor by utilizing employees, equipment, materials and supplies of the commission. In such event, the commission shall charge the eligible owner a sum equal to the established rate of the commission for providing such service. Payments for such charge shall be collected, received, and recorded in the same manner as other sales and services funds received by the commission.
Miss. Code Ann. § 49-27-55 — MS Code / Title 49 / Chapter 1 / Section 27-55
Miss. Code Ann. § 49-27-55
Status: in_force

(a) Any person who performs or causes to be performed any activity regulated by this chapter for which a permit has not been obtained, violates any provision of this chapter, regulation promulgated pursuant to this chapter or any condition of a permit, shall be liable to the State of Mississippi for the restoration of all affected coastal wetlands to their condition prior to such violation, insofar as such restoration is possible, and for any and all damages to the wetlands. The appropriate chancery court by writ of mandatory injunction shall allow a reasonable time for completion of the restoration and may, in its discretion, order as punitive damages a sum not to exceed Five Hundred Dollars ($500.00) per day for each day such violation has existed. The chancery court may further order as punitive damages a sum not to exceed Five Hundred Dollars ($500.00) per day for each day that the violation exists beyond the date set by the court in its injunction for the restoration of the wetland. If injunctive relief is not sought, the appropriate circuit or county court shall have jurisdiction over any action for damages and/or punitive damages as set forth in this paragraph.

(b) Nothing in this chapter shall preclude other statutory or common law remedies by public or private parties against violators or nonviolators of this chapter.
Miss. Code Ann. § 49-5-16 — MS Code / Title 49 / Chapter 1 / Section 5-16
Miss. Code Ann. § 49-5-16
Status: in_force

The commission may enter into agreements with counties in which game and fish wildlife management areas are located, and to accept monies from the counties, the federal government, or from any other sources, for the construction and operation of lodges on lands owned by the commission. The lodges shall be controlled and operated by the commission.
Miss. Code Ann. § 49-2-103 — MS Code / Title 49 / Chapter 2 / Section 2-103
Miss. Code Ann. § 49-2-103
Status: in_force

(1) The Department of Environmental Quality shall develop a program to encourage all electronic recyclers to become certified by demonstrating to an accredited, independent third-party auditor that they meet specific standards to safely recycle and manage electronic equipment.

(2) The department shall maintain a directory of recyclers meeting the accredited certification standards of Responsible Recycling Practices (R2) and the e-Stewards Standards and any recyclers who have been certified by an accredited, independent certification auditor listed by the ANSI-ASQ National Accreditation Board (ANAB) as an organization that certifies recyclers to available recycling standards.

(3) State agencies shall use a certified recycler on the directory for the disposal of agency electronics.

(4) The Department of Environmental Quality and state agencies shall comply with this section no later than July 1, 2014.

(5) This section does not apply to the donation of electronics to public schools, state agencies, local governments or nonprofit organizations.
Miss. Code Ann. § 49-13-15 — MS Code / Title 49 / Chapter 5 / Section 13-15
Miss. Code Ann. § 49-13-15
Status: in_force

If a package or shipment of quail carcasses is kept in storage in any hotel, restaurant, cafe or boardinghouse, or elsewhere, the carcasses must remain in the packages or wrappers used by the licensed quail producer until the quail are being prepared for consumption.
Miss. Code Ann. § 49-15-77 — MS Code / Title 49 / Chapter 4 / Section 15-77
Miss. Code Ann. § 49-15-77
Status: in_force

(1) It is unlawful for any person, firm or corporation to catch, take or carry away any saltwater fish by or with any trammel nets, purse seines, seines, fish traps or other like contrivances except permitted eel traps, in any area of the State of Mississippi within one hundred (100) feet of the mouth of any river, bayou, creek, canal, stream, tributary, lake, bay, inlet or other water source entering into areas defined as salt waters under the jurisdiction of the commission.

(2) A person, firm or corporation convicted of a violation of this section shall be punished as provided in Section 49-15-100(2), Mississippi Code of 1972 .
Miss. Code Ann. § 49-17-19 — MS Code / Title 49 / Chapter 15 / Section 17-19
Miss. Code Ann. § 49-17-19
Status: in_force

In order to carry out the purposes of Sections 49-17-1 through 49-17-43 , the commission may set ambient standards of air and water quality for the state or portions thereof. Such ambient standards of quality shall be such as to protect the public health and welfare and the present and prospective future use of such air and of such waters for public water supplies, propagation of fish and aquatic life and wildlife, recreational purposes, and agricultural, industrial and other legitimate uses. Such ambient standards may be amended from time to time as determined to be necessary by the commission. In order to carry out the purposes of Sections 49-17-1 through 49-17-43 , the commission may also set emission standards for the purpose of controlling air contamination, air pollution and the sources thereof. In establishing ambient air quality standards for odor, the commission shall adopt recognized objective standards if they exist. In the absence of a recognized objective ambient air quality standard for odor, the commission may adopt such subjective standards as may be appropriate.

In establishing such standards relating to pesticides and commercial fertilizers for underground water, the commission shall adopt federal standards if they exist. If no federal standard exists, the commission shall petition the U.S. Environmental Protection Agency to establish a federal standard for the substance of interest. If the commission determines that a federal standard cannot be obtained within thirty (30) days, it shall consult with the U.S. Environmental Protection Agency's Office of Drinking Water and Office of Pesticide Programs regarding the agency's conclusion relative to available toxicological information on the substance of interest and on the methodology used for establishing a federal standard. The commission shall utilize this information and methodology to establish a standard. The commission may also consult with and request similar information from other sources.
Miss. Code Ann. § 49-15-74 — MS Code / Title 49 / Chapter 13 / Section 15-74
Miss. Code Ann. § 49-15-74
Status: in_force

The commission shall establish open season for menhaden not later than the third Monday in April and ending no sooner than the second Tuesday in October.
Miss. Code Ann. § 49-7-32 — MS Code / Title 49 / Chapter 3 / Section 7-32
Miss. Code Ann. § 49-7-32
Status: in_force

The commission may establish closed seasons on the running, hunting, chasing or pursuing with dogs of raccoon, fox or other wild animals or wild birds during turkey season in designated areas.
Miss. Code Ann. § 49-17-529 — MS Code / Title 49 / Chapter 15 / Section 17-529
Miss. Code Ann. § 49-17-529
Status: in_force

(1) Any person found by the commission to have violated Sections 49-17-501 through 49-17-531 or any rule or regulation or written order of the commission issued under Sections 49-17-501 through 49-17-531 or any certificate or accreditation issued under Sections 49-17-501 through 49-17-531 shall be subject to a civil penalty of not more than Twenty-five Thousand Dollars ($25,000.00) for each violation. The penalty may be assessed and levied by order of the commission after notice and hearing in accordance with subsection (5) of this section. In addition, the commission may issue a reprimand or a suspension or revocation of any certificate issued to the person under Sections 49-17-501 through 49-17-531 . The reprimand, suspension or revocation may be assessed and levied by order of the commission after notice and hearing as provided in subsection (5) of this section.

(2) In lieu of, or in addition to, the penalty provided for in subsection (1) of this section, the commission may institute and maintain in the name of the state any proceedings necessary to enforce Sections 49-17-501 through 49-17-531 , rules and regulations adopted under Sections 49-17-501 through 49-17-531 , and orders and certificates issued under Sections 49-17-501 through 49-17-531 in the appropriate circuit, chancery, county or justice court of the county in which venue may lie. The commission may obtain mandatory or prohibitory injunctive relief, either temporary or permanent, and it shall not be necessary in those cases that the state plead or prove: (a) that irreparable damage would result if the injunction did not issue; (b) that there is no adequate remedy at law; or (c) that a written complaint or commission order has first been issued for the alleged violation.

(3) Any person who knowingly submits false or inaccurate information in support of an application for issuance or reissuance of an accreditation or a certificate under Sections 49-17-501 through 49-17-531 or who willfully fails to comply with the conditions of the accreditation or the certificate issued by the commission or who willfully violates Sections 49-17-501 through 49-17-531 , or any rule, regulation or written order of the commission or emergency order issued by the director in pursuance thereof, upon conviction, shall be guilty of a misdemeanor and fined not less than One Hundred Dollars ($100.00) within the discretion of the court. Each day in which that violation exists or continues shall constitute a separate offense.

(4) In addition to or in lieu of filing a criminal complaint for the willful misconduct described in subsection (3) of this section, the commission may impose a civil penalty in accordance with subsection (1)(a) of this section, and shall impose a reprimand or a suspension or revocation of any certificate in accordance with subsection (1)(b) of this section.

(5) All proceedings and hearings before the commission regarding violations of Sections 49-17-501 through 49-17-531 or any rule or regulation, written order of the commission, emergency order of the director or certificate issued or reissued by the commission in pursuance thereof or any certificate issued under Sections 49-17-501 through 49-17-531 and all appeals therefrom shall be conducted in accordance with Sections 49-17-31 through 49-17-41, Mississippi Code of 1972 .

(6) All fines, penalties and other sums recovered or collected by the commission for and on behalf of the state under this section shall be deposited in the Pollution Emergency Fund established under Section 49-17-68, Mississippi Code of 1972 .
Miss. Code Ann. § 49-19-5 — MS Code / Title 49 / Chapter 11 / Section 19-5
Miss. Code Ann. § 49-19-5
Status: in_force

The State Forestry Commission is hereby authorized and empowered to acquire and dispose of property of all kinds in accordance with the provisions of Section 29-1-1 , in order to discharge the duties as set forth in Section 49-19-3 , and subsequent germane general laws of the State of Mississippi.

Notwithstanding any other provision of law, the commission, and county foresters who are employed by the commission, is authorized to electronically accept bids for timber sales.

The commission is also authorized to sell, rent, lease, and dispose of any property acquired by the commission, all property to be sold or disposed of shall be sold or disposed of in the manner provided by law for the sale or disposition of surplus property by other state agencies. Any funds received from the sale, rental or lease of any property herein authorized, to be acquired, shall be paid into the State Treasury to the credit of a special account, and the commission is hereby authorized to use this fund for the replacement, repairs, and upkeep of any property authorized to be acquired and owned under this section.
Miss. Code Ann. § 49-7-58.3 — MS Code / Title 49 / Chapter 5 / Section 7-58.3
Miss. Code Ann. § 49-7-58.3
Status: in_force

(1) The commission may regulate the hunting of nonnative cervids in noncommercial wildlife enclosures, and the Department of Wildlife, Fisheries and Parks may enforce such regulations and laws in the same manner as commercial wildlife enclosures as provided in Section 49-11-25 .

(2) A violation of this section is a Class I violation and punishable as provided in Section 49-7-141 .
Miss. Code Ann. § 49-17-27 — MS Code / Title 49 / Chapter 5 / Section 17-27
Miss. Code Ann. § 49-17-27
Status: in_force

In the event an emergency is found to exist by the commission, it may issue an emergency order as circumstances may require. Said emergency order shall become operative at the time and date designated therein and shall remain in force until modified or cancelled by the commission or superseded by a regular order of the commission or for a period of forty-five (45) days from its effective date, whichever shall occur first, and may be enforced by an injunction if necessary.

The chancery court shall always be deemed open for hearing requests for injunctions to enforce such emergency orders and the same shall have precedence over other matters.

When, in the opinion of the commission or its executive director, an emergency situation exists which creates an imminent and substantial endangerment threatening the public health and safety or the lives and property of the people of this state, notice shall be given immediately to local governing authorities, both county and municipal, the state emergency management organization, and the governor for appropriate action in accordance with applicable laws for protections against disaster situations.
Miss. Code Ann. § 49-15-65 — MS Code / Title 49 / Chapter 8 / Section 15-65
Miss. Code Ann. § 49-15-65
Status: in_force

The justice courts of the respective counties or county courts shall have original jurisdiction of any prosecution or suit brought under authority of this chapter, or of any violation of any ordinance duly enacted by the commission. However, from each decision or judgment, whether from a fine or imprisonment, there shall be allowed an appeal, and such appeals and trials shall be had as now provided by law.
Miss. Code Ann. § 49-15-96 — MS Code / Title 49 / Chapter 5 / Section 15-96
Miss. Code Ann. § 49-15-96
Status: in_force

Vessels licensed under Section 49-15-64.5 may keep in whole, for personal consumption only the following types of fish which are caught in the shrimp nets or trawls of the vessel: white trout; croaker, black drum, and ground mullet (Family Sciaenidae); sheepshead (Family Sparidae); gafftopsail catfish (Family Ariidae); and flounder (Family Bothidae and Family Pleuronectidae ). The cumulative total of fish shall not exceed twenty-five (25) pounds. In addition, a vessel may keep three (3) dozen blue crabs (portunidae family). This exemption for personal consumption does not apply to fish or crabs that are otherwise illegal to possess or catch.
Miss. Code Ann. § 49-27-55 — MS Code / Title 49 / Chapter 5 / Section 27-55
Miss. Code Ann. § 49-27-55
Status: in_force

(a) Any person who performs or causes to be performed any activity regulated by this chapter for which a permit has not been obtained, violates any provision of this chapter, regulation promulgated pursuant to this chapter or any condition of a permit, shall be liable to the State of Mississippi for the restoration of all affected coastal wetlands to their condition prior to such violation, insofar as such restoration is possible, and for any and all damages to the wetlands. The appropriate chancery court by writ of mandatory injunction shall allow a reasonable time for completion of the restoration and may, in its discretion, order as punitive damages a sum not to exceed Five Hundred Dollars ($500.00) per day for each day such violation has existed. The chancery court may further order as punitive damages a sum not to exceed Five Hundred Dollars ($500.00) per day for each day that the violation exists beyond the date set by the court in its injunction for the restoration of the wetland. If injunctive relief is not sought, the appropriate circuit or county court shall have jurisdiction over any action for damages and/or punitive damages as set forth in this paragraph.

(b) Nothing in this chapter shall preclude other statutory or common law remedies by public or private parties against violators or nonviolators of this chapter.
Miss. Code Ann. § 49-17-3 — MS Code / Title 49 / Chapter 2 / Section 17-3
Miss. Code Ann. § 49-17-3
Status: in_force

Whereas, the pollution of the air and waters of the state constitutes a menace to public health and welfare, creates a public nuisance, is harmful to wildlife, fish and aquatic life, and impairs domestic, agricultural, industrial, recreational and other legitimate beneficial uses of air and water, and whereas, the problem of air and water pollution in this state is closely related to the problem of air and water pollution in adjoining states, it is hereby declared to be the public policy of this state to conserve the air and waters of the state and to protect, maintain and improve the quality thereof for public use, for the propagation of wildlife, fish and aquatic life, and for domestic, agricultural, industrial, recreational and other legitimate beneficial uses; to maintain such a reasonable degree of quality of the air resources of the state to protect the health, general welfare and physical property of the people, and to provide that no waste be discharged into any waters of the state without first receiving the necessary treatment or other corrective action to protect the legitimate beneficial uses of such waters; to provide for the prevention, abatement and control of new or existing air or water pollution; and to cooperate with other agencies of the state, agencies of other states, and the federal government in carrying out these objectives.
Miss. Code Ann. § 49-17-403 — MS Code / Title 49 / Chapter 17 / Section 17-403
Miss. Code Ann. § 49-17-403
Status: in_force

For the purposes of Sections 49-17-401 through 49-17-433 , the following shall have the meaning ascribed in this section:

(a) “ Active site ” means a site of an underground storage tank where an owner can be identified and where the tank is available for use in the management and handling of motor fuels, including tanks currently in service, tanks temporarily closed and tanks temporarily out of service.

(b) “ Bonded distributor ” means any person holding a distributor's permit issued under either Section 27-55-7 or Section 27-55-507 .

(c) “ Commission ” means the Mississippi Commission on Environmental Quality.

(d) “ Contamination ” means the presence or discharge of regulated substances in or on the land or in the waters of the state.

(e) “ Department ” means the Mississippi Department of Environmental Quality.

(f) “ Director ” means the Executive Director of the Mississippi Department of Environmental Quality.

(g) “ Groundwater ” means water located beneath the land surface located wholly or partially within the boundaries of the state.

(h) “ Motor fuels ” means gasoline and aviation gasoline as defined in Section 27-55-5 and special fuel as defined in Section 27-55-505 , except for those “motor fuels” used in electric power generating plants for the commercial production of electricity.

(i) “ Operator ” means any person in control of, or having responsibility for, the daily operation of an underground storage tank.

(j) “ Owner of an underground storage tank ” means:

(i) In the case of an underground storage tank in use on November 8, 1984, or brought into use after that date, any person who owns an underground storage tank used for the storage, use or dispensing of regulated substances; and

(ii) In the case of an underground storage tank in use before November 8, 1984, but no longer in use on that date, any person who owned such tank immediately before the discontinuation of its use.

(k) “ Person ” means an individual, trust, firm, joint-stock company, federal agency, corporation, state municipality, commission, political subdivision of a state, any interstate body, a consortium, a joint venture, a commercial entity or the United States government.

(l) “ Regulated substance ” means:

(i) Any substance defined in Section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, Public Law No. 96-510 , as amended and extended (but not including any substance regulated as a hazardous waste under Section 17-17-1 et seq., Mississippi Code of 1972); and

(ii) Petroleum, including crude oil or any fraction thereof, which is liquid at standard conditions of temperature and pressure (sixty (60) degrees Fahrenheit and fourteen and seven-tenths (14- 7 / 10 ) pounds per square inch absolute).

(m) “ Release ” means any spilling, leaking, emitting, discharging, escaping, leaching or disposing from an underground storage tank into groundwater, surface water or subsurface soils.

(n) “ Response action ” means any activity, including evaluation, planning, design, engineering, construction and ancillary services, which is carried out in response to any discharge, release or threatened release of motor fuels.

(o) “ Response action contractor ” means a person who has been approved by the commission and is carrying out any response action, including a person retained or hired by such person to provide services relating to a response action.

(p) “ Retailer ” means any person other than a bonded distributor who sells motor fuel as defined in this section.

(q) “ Substantial compliance ” means that an owner or operator of an underground storage tank has registered that tank with the department, and has made a good-faith effort to comply with the law; and the rules and regulations adopted pursuant thereto.

(r) “ Third-party claim ” means any civil action brought or asserted by any person against any owner of any underground storage tank for damages to person or property which damages are the direct result of a release of motor fuels from an underground storage tank.

(s) “ Underground storage tank ” means any one (1) or combination of containers including tanks, vessels, enclosures or structures together with appurtenances thereto used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground pipes connected thereto, is ten percent (10%) or more beneath the surface of the ground. Such term does not include any:

(i) Farm or residential tanks of one thousand one hundred (1,100) gallons or less capacity used for storing motor fuel for noncommercial purposes;

(ii) Tanks used for storing heating oil for consumptive use on the premises where stored;

(iii) Septic tanks;

(iv) Pipeline facilities (including gathering lines regulated under:

1. The Natural Gas Pipeline Safety Act of 1968, Public Law No. 90-481 , 49 USCS 1671 - 1684 , as amended and extended,

2. The Hazardous Liquid Pipeline Safety Act of 1979, Public Law No. 96-129 , 49 USCS 2001 et seq., as amended and extended, or

3. An intrastate pipeline facility regulated under state laws comparable to the provisions of law in Clause 1 or 2 of this subparagraph);

(v) Surface impoundments, pits, ponds or lagoons;

(vi) Storm water or wastewater collection systems;

(vii) Flow-through process tanks;

(viii) Liquid traps or associated gathering lines directly related to oil or gas production and gathering operation;

(ix) Storage tanks situated in an underground area such as a basement, cellar, mine working, drift, shaft or tunnel if the storage tank is situated upon or above the surface of the floor;

(x) Other tanks exempted by the Administrator of the federal Environmental Protection Agency; and

(xi) Piping connected to any of the above exemptions.

(t) “ User ” means any person who purchases or acquires motor fuels as defined in this section for consumption.
Miss. Code Ann. § 49-15-64 — MS Code / Title 49 / Chapter 15 / Section 15-64
Miss. Code Ann. § 49-15-64
Status: in_force

Any operator, firm or corporation engaged in commercial shrimping during the closed season shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00).

Upon an arrest for a violation of this section, catch and nets may be confiscated. Any catch may be sold by the law enforcement agency making the arrest at the average wholesale price being paid for shrimp. The monies derived from the sale shall be held in escrow pending disposition of the charge. If a conviction is obtained, the monies held in escrow shall be forfeited. The monies so forfeited shall be paid to the department, to be paid into the seafood fund. If the operator, firm or corporation is acquitted of the charge or if the charge is dismissed, then the monies obtained from the sale shall be paid to the proper operator, firm or corporation. Forfeiture of confiscated nets and paraphernalia shall be instituted under Sections 49-7-251 through 49-7-257 . If the person in possession of or using the nets in the violation is not the owner or licensee of the nets, the department shall notify the owner or licensee of the nets. The nets shall be subject to forfeiture unless the nets were stolen and prosecution for the theft is initiated.

The commission may issue special permits for the purpose of catching shrimp prior to the official opening of shrimp season, to those nonprofit organizations that are tax exempt under Section 501(c) of the United States Internal Revenue Code and which have on file with the State Tax Commission a tax exemption letter issued by the United States Internal Revenue Service. However, until January 1, 1992, the requirement that a nonprofit organization have on file with the State Tax Commission a tax exemption letter issued by the United States Internal Revenue Service shall be considered as having been met if the organization has actually made application for such exemption and has on file with the State Tax Commission a copy of its application.

The commission shall promulgate rules and regulations governing the taking of shrimp by the nonprofit organization and shall issue such regulations to all organizations upon request and at the issuance of the special permit.
Miss. Code Ann. § 49-17-715 — MS Code / Title 49 / Chapter 17 / Section 17-715
Miss. Code Ann. § 49-17-715
Status: repealed

(1) There is hereby created and established a public body corporate and politic constituting a political subdivision of the State of Mississippi to be known as the “ George County Utility Authority ,” unless the George County Board of Supervisors dissolves the authority by January 1, 2007, as provided in subsection (2). The authority will be composed of the geographic area of George County as defined in Section 19-1-39, Mississippi Code of 1972 , for the planning, acquisition, construction, maintenance, operation and coordination of water, wastewater and storm water systems in order to ensure the delivery of water, wastewater and storm water services to citizens residing within the boundaries of George County. The George County Utility Authority shall be deemed to be acting in all respects for the benefit of the people of the state in the performance of essential public functions, and the George County Utility Authority shall be empowered in accordance with the provisions of this act to promote the health, welfare and prosperity of the general public.

(2) [Repealed]

(3) If the county authority is dissolved, the board of supervisors may reestablish the county authority by a resolution duly adopted and entered on its minutes stating the necessity for the county authority. The board shall file a certified copy of the resolution with the Secretary of State, the Public Service Commission and the utility board.
Miss. Code Ann. § 49-15-49 — MS Code / Title 49 / Chapter 3 / Section 15-49
Miss. Code Ann. § 49-15-49
Status: in_force

The Mississippi Department of Marine Resources' oyster check station located at the Pass Christian Harbor, Pass Christian, Mississippi, shall be named the Colonel George J. Wright, Sr., building. The Department of Finance and Administration shall prepare or have prepared a distinctive plaque to be placed in a prominent place within the Colonel George J. Wright, Sr., building, which states the background, accomplishments and public health service to the state and nation of Colonel George J. Wright, Sr.
Miss. Code Ann. § 49-7-173 — MS Code / Title 49 / Chapter 3 / Section 7-173
Miss. Code Ann. § 49-7-173
Status: in_force

Any person violating any of the provisions of Sections 49-7-161 through 49-7-173 shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00).
Miss. Code Ann. § 49-37-5 — MS Code / Title 49 / Chapter 25 / Section 37-5
Miss. Code Ann. § 49-37-5
Status: in_force

For purposes of this chapter, the following terms shall have the meaning ascribed herein unless the context clearly indicates otherwise:

(a) “ Scientific information ” means information associated with the monitoring and management of the environment and natural resources of a specifically targeted geographic area that is collected, analyzed, managed, updated by and used among agencies, departments, associations and other organizations concerned with or responsible for the geographic area.

(b) “ Scientific information management system ” means a management system which would allow scientific information to be collected, processed, analyzed, managed, updated and subsequently accessed by users of that information.
Miss. Code Ann. § 49-28-39 — MS Code / Title 49 / Chapter 10 / Section 28-39
Miss. Code Ann. § 49-28-39
Status: in_force

The board of commissioners of any district created under this chapter shall have the authority to enter into cooperative agreements with the state or federal government, or both, to obtain financial assistance in the form of loans or grants as may be available from the state or federal government, or both. The board of commissioners may execute and deliver at private sale notes or bonds as evidence of the indebtedness in the form and subject to the terms and conditions as may be imposed by the state or federal government, or both. The board of commissioners may pledge the income and revenues of the district, or the income and revenues from any part of the area embraced in the district, in payment thereof. The district may do all things necessary to secure the financial aid or cooperation of the state or federal government, or both, in the planning, design, construction, operation, maintenance or improvement of projects of the district.
Miss. Code Ann. § 49-23-27 — MS Code / Title 49 / Chapter 11 / Section 23-27
Miss. Code Ann. § 49-23-27
Status: in_force

The State Highway Commission is hereby authorized to enter into agreements with the United States Secretary of Commerce as provided by Title 23, United States Code, relating to the control of outdoor advertising in areas adjacent to the interstate and primary highway systems, including the establishment of information centers at safety rest areas, and to take action in the name of the state to comply with the terms of such agreement, provided that the state highway commission shall not have power to enter into any agreement calling for more restrictive control of outdoor advertising than that provided for in Sections 49-23-1 through 49-23-29 .
Miss. Code Ann. § 49-15-80 — MS Code / Title 49 / Chapter 7 / Section 15-80
Miss. Code Ann. § 49-15-80
Status: in_force

(1)(a) All vessels to be used in catching or transporting fish in the waters of the State of Mississippi for commercial purposes shall, before beginning operations, obtain an annual license from the commission and pay a license fee according to the following schedule:

(i) All resident vessels engaged in commercial hook and line or gig fishing shall be issued an annual license by the commission at a fee of One Hundred Dollars ($100.00). All nonresident vessels engaged in commercial hook and line or gig fishing shall be issued an annual license by the commission at a fee of Four Hundred Dollars ($400.00). Each individual engaged in commercial hook and line or gig fishing must obtain a commercial fisherman license subject to the following license fees: One Hundred Dollars ($100.00) for a resident commercial fisherman license; or Four Hundred Dollars ($400.00) for a nonresident commercial fisherman license. If a duly licensed commercial hook and line or gig fishing vessel is engaged in commercial fishing, each individual aboard must possess a commercial fisherman license.

(ii) A resident fee of One Hundred Dollars ($100.00) or a nonresident fee of Four Hundred Dollars ($400.00), on boats using trammel nets, gill nets or seines not more than one thousand two hundred (1,200) feet in length.

(b) Beginning September 15, 1994, no nonresident shall be issued a commercial fishing license under this chapter for the taking of fish using any type of net if that nonresident's state of domicile prohibits the issuing of commercial fishing licenses to residents of this state to engage in like activity.

(2) Each factory or manufacturing establishment engaging in the manufacture of oil, fish scrap, fish meal, fertilizer or other products from menhaden, shall pay a license fee of Five Hundred Dollars ($500.00).

(3) Each boat or vessel engaging in the catching, taking or transporting menhaden in the waters of the State of Mississippi, the sum of One Hundred Dollars ($100.00) and shall pay Fifty Dollars ($50.00) on each net, seine, trawl or purse net used in catching or taking menhaden in the waters of the State of Mississippi.
Miss. Code Ann. § 49-27-61 — MS Code / Title 49 / Chapter 4 / Section 27-61
Miss. Code Ann. § 49-27-61
Status: in_force

(1)(a) The commission shall charge Fifty Cents (50¢) per cubic yard for any sand or gravel removed from wetlands and Twenty-five Cents (25¢) per cubic yard for any other materials removed from coastal wetlands by a permittee or his agent under the terms of any permit issued.

(b) There shall be no charge levied by the commission for the removal of one hundred (100) cubic yards or less of any material removed from wetlands by a permittee or his agent under the terms of any permit issued.

(c) The commission may waive these charges on any project of a governmental agency or any project wherein expenditures are made as the result of a governmental grant or governmental bond proceeds.

(d) Any party participating in the beneficial use of dredge materials programs under subsection (2) shall be exempt from these charges.

(2) The department shall require any party permitted to conduct dredging activities of over two thousand five hundred (2,500) cubic yards to participate in the department programs involving beneficial use of dredge materials, provided the material is suitable and a beneficial use site is available. If approved by the executive director, or his designee, a party may deposit acceptable dredge materials in a designated location for a fee not to exceed fifty percent (50%) of the fair market cost to transport and dispose of the material in an approved upland site. The department shall consider in-kind services for offsetting depositional charges.
Miss. Code Ann. § 49-28-5 — MS Code / Title 49 / Chapter 23 / Section 28-5
Miss. Code Ann. § 49-28-5
Status: in_force

(1) Upon the filing of a petition, the board of supervisors shall fix a time and place for a public hearing upon the question of the public convenience and necessity of the incorporation of the proposed district. The date fixed for the hearing shall be not more than thirty (30) days after the filing of the petition. The time, date and location of the hearing, the proposed boundaries of the district, and the purpose of the hearing shall be set forth in a notice to be signed by the clerk of the board of supervisors. The notice shall be published in a newspaper having general circulation within the proposed district once a week for at least three (3) consecutive weeks before the date of the hearing. The first publication of the notice shall be made not less than twenty-one (21) days before the date of the hearing and the last publication shall be made not more than seven (7) days before the date of the hearing.

(2) If, at the public hearing, the board of supervisors finds (a) that the public convenience and necessity require the creation of the district and (b) that the creation of the district is economically sound and desirable, then the board of supervisors shall adopt a resolution making those findings and declaring its intention to create the district on a date to be specified in the resolution. The resolution shall also designate the name of the proposed district, define its territorial limits which shall be fixed by the board of supervisors pursuant to the hearing, and state whether or not the board of supervisors shall levy the ad valorem tax authorized in Section 49-28-27 and whether or not the board of supervisors proposes to make special assessments against benefited properties as outlined in Section 49-28-29 .
Miss. Code Ann. § 49-39-1 — MS Code / Title 49 / Chapter 33 / Section 39-1
Miss. Code Ann. § 49-39-1
Status: in_force

This chapter shall be known and may be cited as the “Mississippi Outdoor Stewardship Act.”
Miss. Code Ann. § 49-39-1 — MS Code / Title 49 / Chapter 2 / Section 39-1
Miss. Code Ann. § 49-39-1
Status: in_force

This chapter shall be known and may be cited as the “Mississippi Outdoor Stewardship Act.”
Miss. Code Ann. § 49-11-29 — MS Code / Title 49 / Chapter 9 / Section 11-29
Miss. Code Ann. § 49-11-29
Status: in_force

This chapter shall not apply to the operation of fox, coyote and rabbit enclosures as set forth in Section 49-7-34, Mississippi Code of 1972 , and shall not be construed to regulate the operation of fox, coyote and rabbit enclosures.
Miss. Code Ann. § 49-15-83 — MS Code / Title 49 / Chapter 4 / Section 15-83
Miss. Code Ann. § 49-15-83
Status: in_force

Nothing in Sections 49-15-71 through 49-15-81 shall be interpreted to circumvent or diminish the powers of the commission in the exercise of its jurisdiction and authority as provided under this chapter.
Miss. Code Ann. § 49-33-3 — MS Code / Title 49 / Chapter 7 / Section 33-3
Miss. Code Ann. § 49-33-3
Status: in_force

The purpose of this chapter is to establish the policy of the State of Mississippi as allowing owners of property classified as forest or agricultural land and owners of timber, wood and forest products on forest land owned by another to conduct forestry or agricultural activities, or if the State of Mississippi prohibits or severely limits such forestry or agricultural activities, to compensate the owners for their loss.
Miss. Code Ann. § 49-7-56 — MS Code / Title 49 / Chapter 4 / Section 7-56
Miss. Code Ann. § 49-7-56
Status: in_force

It is lawful for any restaurant to possess, prepare and serve lawfully, recreationally caught marine finfish to the persons who caught the finfish.
Miss. Code Ann. § 49-19-223 — MS Code / Title 49 / Chapter 7 / Section 19-223
Miss. Code Ann. § 49-19-223
Status: in_force

(1) Any eligible owner who wishes to receive cost-share assistance shall file an application with the commission stating the practice to be implemented, the approximate cost of such practice and a description of the land or lands upon which the practice is to be implemented. The application shall be accompanied by a statement of intent stating (a) that the owner intends to utilize the cost-share assistance for long range timber growing and improvement, (b) that the owner is not receiving or using federal funds for implementation of any approved practice on the same acre of land or lands described in the application, and (c) that the owner if an owner in joint tenancy or tenancy in common or if a member of a group or association owning the lands, has no knowledge of any application which has been filed for cost-share assistance to be used on the lands described in the application.

(2) The commission, upon completion of the approved practice, shall tender all approved sums of the cost-share assistance to the owner.
Miss. Code Ann. § 49-17-717 — MS Code / Title 49 / Chapter 11 / Section 17-717
Miss. Code Ann. § 49-17-717
Status: in_force

(1) If the authority is created, all powers of the George County Utility Authority shall be exercised by a board of directors comprised of five (5) directors appointed as follows: Within thirty (30) days of creation of the authority, the Board of Supervisors of George County shall appoint three (3) residents from the county, and the Board of Aldermen of the City of Lucedale shall appoint two (2) residents from the city. The directors shall serve at the will and pleasure of the governing body making the appointments. Any vacancy arising by expiration of a director's term, or a vacancy created by the removal of a director for any other reason, shall be filled by appointment made by the party originally responsible for the appointment of the director vacating his or her appointment.

(2) All business of the George County Utility Authority shall be transacted as provided in Section 49-17-741 , except that all actions affecting rates, bonds or capital improvements must be by unanimous vote of all members of the board.

(3) In addition to any other powers and rights conferred upon such board of directors, the board is granted and may exercise all powers and rights granted pursuant to Sections 49-17-739 through 49-17-773 to promote the health, welfare and prosperity of the general public.
Miss. Code Ann. § 49-26-7 — MS Code / Title 49 / Chapter 17 / Section 26-7
Miss. Code Ann. § 49-26-7
Status: in_force

The department shall identify federal funding mechanisms which could be used to fund projects regarding channel maintenance. The department shall coordinate with local governments and other interest groups to maximize the eligibility of projects for funding and to assist in the preparation of appropriate financial assistance documentation.
Miss. Code Ann. § 49-17-425 — MS Code / Title 49 / Chapter 1 / Section 17-425
Miss. Code Ann. § 49-17-425
Status: in_force

The disclosure of any records, reports or information obtained pursuant to Sections 49-17-401 et seq. shall be governed by the Mississippi Public Records Act of 1983, Section 25-61-1 and Section 49-17-39, Mississippi Code of 1972 , and the regulations of the commission promulgated thereunder.
Miss. Code Ann. § 49-15-87 — MS Code / Title 49 / Chapter 13 / Section 15-87
Miss. Code Ann. § 49-15-87
Status: in_force

(a) “Peeler crab” means a blue crab having a new soft shell fully developed under the hard shell and having a definite white, pink or red line or rim on the outer edge of the back fin or flipper.

(b) “Soft-shell crab” means a peeler crab which has recently shed its hard shell.
Miss. Code Ann. § 49-19-1 — MS Code / Title 49 / Chapter 6 / Section 19-1
Miss. Code Ann. § 49-19-1
Status: in_force

(1) There shall be a State Forestry Commission composed of ten (10) members, who shall be qualified electors of the state. The Dean of the School of Forest Resources at Mississippi State University shall be an ex officio member of the commission, with full voting authority. The Governor shall appoint eight (8) members, with the advice and consent of the Senate, for a term of six (6) years. The Governor shall appoint one (1) member from each congressional district as constituted at the time the appointments are made and shall appoint the remainder of the members from the state at large. A member from a congressional district must be a certified tree farmer who owns eighty (80) or more acres of forest land or a person who derives a major portion of his or her personal income from forest-related business, industry or other related activities. Members of the commission from the state at large may or may not possess the same qualifications as members appointed from the congressional districts.

(2) The members of the commission shall receive no annual salary but each member of the commission shall receive a per diem plus expenses and mileage as authorized by law for each day devoted to the discharge of official duties. No member of the commission shall receive total per diem in excess of twenty-four (24) days' compensation per annum.

(3) If a vacancy occurs in the office of an appointed member of the commission, the vacancy shall be filled by appointment for the balance of the unexpired term.

(4) The commission shall elect from its membership a chair, who shall preside over meetings, and a vice chair, who shall preside in the absence of the chair or when the chair is excused.

(5) The commission shall adopt rules and regulations governing times and places for meetings, and governing the manner of conducting its business. Each member of the commission shall take the oath prescribed by Section 268 of the Mississippi Constitution of 1890 and shall enter into a bond in the amount of Thirty Thousand Dollars ($30,000.00) to be approved by the Secretary of State, conditioned according to law and payable to the State of Mississippi before assuming the duties of office.

(6) Any appointment made to the commission contrary to this section shall be void, and it is unlawful for the State Fiscal Officer to pay any per diem or authorize the expenses of the appointee.
Miss. Code Ann. § 49-27-61 — MS Code / Title 49 / Chapter 11 / Section 27-61
Miss. Code Ann. § 49-27-61
Status: in_force

(1)(a) The commission shall charge Fifty Cents (50¢) per cubic yard for any sand or gravel removed from wetlands and Twenty-five Cents (25¢) per cubic yard for any other materials removed from coastal wetlands by a permittee or his agent under the terms of any permit issued.

(b) There shall be no charge levied by the commission for the removal of one hundred (100) cubic yards or less of any material removed from wetlands by a permittee or his agent under the terms of any permit issued.

(c) The commission may waive these charges on any project of a governmental agency or any project wherein expenditures are made as the result of a governmental grant or governmental bond proceeds.

(d) Any party participating in the beneficial use of dredge materials programs under subsection (2) shall be exempt from these charges.

(2) The department shall require any party permitted to conduct dredging activities of over two thousand five hundred (2,500) cubic yards to participate in the department programs involving beneficial use of dredge materials, provided the material is suitable and a beneficial use site is available. If approved by the executive director, or his designee, a party may deposit acceptable dredge materials in a designated location for a fee not to exceed fifty percent (50%) of the fair market cost to transport and dispose of the material in an approved upland site. The department shall consider in-kind services for offsetting depositional charges.
Miss. Code Ann. § 49-28-3 — MS Code / Title 49 / Chapter 11 / Section 28-3
Miss. Code Ann. § 49-28-3
Status: in_force

A petition for the incorporation of a shoreline and beach preservation district may be submitted to the board of supervisors of a county, referred to in this chapter as “board of supervisors,” signed by not less than twenty-five (25) owners of real property residing within the boundaries of the proposed district. The petition shall include: (a) a statement of the necessity for the creation of the proposed district; (b) the proposed corporate name for the district; (c) the proposed boundaries of the district, which shall not include any property used for industrial purposes, unless the owner of that property submits a written request to the board of supervisors to be included in the district; (d) an estimate of the cost of special improvement projects to be conducted and maintained by the district; however the estimate shall not serve as a limitation upon the financing of any project; (e) a statement of whether or not the board of supervisors of the county shall exercise the authority to levy the tax outlined in Section 49-28-27 ; and (f) a statement of whether or not the board of supervisors of the county shall exercise the authority to make assessments as outlined in Section 49-28-29 . The petition shall be signed in person by the petitioners, with their respective residence addresses. The petition shall be accompanied by a sworn statement of the person or persons circulating the petition stating that the person or persons witnessed the signature of each petitioner, that each signature is the signature of the person it purports to be, and that, to the best of the person's or persons' knowledge, each petitioner was at the time of signing an owner of real property within and a resident of the proposed district.
Miss. Code Ann. § 49-31-9 — MS Code / Title 49 / Chapter 26 / Section 31-9
Miss. Code Ann. § 49-31-9
Status: in_force

For purposes of this chapter the following terms shall have the meanings ascribed to them in this section or in Section 17-17-3 unless the context clearly indicates otherwise:

(a) “Department” means the Department of Environmental Quality.

(b) “EPCRA” means the Emergency Planning and Community Right-To-Know Act, Public Law 99-499 , as amended.

(c) “Facility operator” means an operator of a facility required to file a report of toxic chemical releases under Section 313 of EPCRA.

(d) “Generator” means any person whose act or process produces waste.

(e) “Multimedia” means all environmental media including, but not limited to air, water and land.

(f) “Pollution prevention” means any action taken by business, industry, government or individual consumers to conserve natural resources while providing and using needed products in a manner that prevents or reduces the generation, disposal or release of pollutants to the environment. Pollution prevention does not include dewatering, dilution or evaporation before handling, release, storage, treatment or disposal of hazardous waste.

(g) “Recovered materials” means those materials having known recycling potential, which can be feasibly recycled and have been diverted or removed from the waste stream for sale, use or reuse, by separation, collection or processing.

(h) “Recyclable materials” means those materials which are reasonably capable of being recycled and which would otherwise be processed or disposed of as waste.

(i) “Recycling” means the use, reuse or reclamation of a waste. Recycling does not include the burning of waste as a fuel for the recovery of energy or the use of waste treatment technologies.

(j) “Waste” means sewage, industrial wastes, oil field wastes, and all other liquid, gaseous, solid or other substances which may pollute the lands, waters or air of the state.

(k) “Waste minimization” means the reduction, to the extent feasible, of waste that is generated or subsequently treated, stored or disposed of. It includes any source reduction or recycling activity undertaken by a generator or facility operator that results in either (i) the reduction of total volume or quantity of waste, or (ii) the reduction of toxicity or other characteristics of hazardous waste, or both, so long as the reduction does not result in the displacement of pollutants from one medium to another and is consistent with the goal of minimizing present and future threats to human health and the environment.
Miss. Code Ann. § 49-17-119 — MS Code / Title 49 / Chapter 13 / Section 17-119
Miss. Code Ann. § 49-17-119
Status: in_force

The bonds authorized by Sections 49-17-101 through 49-17-123 and the income therefrom, all trust indentures and mortgages executed as security therefor, all lease agreements made pursuant to the provisions hereof, and all pollution control facilities (when owned by the municipality) and the revenues derived from any agreement with respect thereto shall be exempt from all taxation by the State of Mississippi, and by any political subdivision thereof, except for inheritance, estate or transfer taxes and except further the contractors tax levied by Section 27-65-21, Mississippi Code of 1972 .
Miss. Code Ann. § 49-27-55 — MS Code / Title 49 / Chapter 13 / Section 27-55
Miss. Code Ann. § 49-27-55
Status: in_force

(a) Any person who performs or causes to be performed any activity regulated by this chapter for which a permit has not been obtained, violates any provision of this chapter, regulation promulgated pursuant to this chapter or any condition of a permit, shall be liable to the State of Mississippi for the restoration of all affected coastal wetlands to their condition prior to such violation, insofar as such restoration is possible, and for any and all damages to the wetlands. The appropriate chancery court by writ of mandatory injunction shall allow a reasonable time for completion of the restoration and may, in its discretion, order as punitive damages a sum not to exceed Five Hundred Dollars ($500.00) per day for each day such violation has existed. The chancery court may further order as punitive damages a sum not to exceed Five Hundred Dollars ($500.00) per day for each day that the violation exists beyond the date set by the court in its injunction for the restoration of the wetland. If injunctive relief is not sought, the appropriate circuit or county court shall have jurisdiction over any action for damages and/or punitive damages as set forth in this paragraph.

(b) Nothing in this chapter shall preclude other statutory or common law remedies by public or private parties against violators or nonviolators of this chapter.
Miss. Code Ann. § 49-15-417 — MS Code / Title 49 / Chapter 10 / Section 15-417
Miss. Code Ann. § 49-15-417
Status: in_force

No person shall be subject to criminal prosecution or to any penalty or forfeiture in a separate proceeding for or on account of any transaction, matter or issue concerning which he may be required to testify to or produce evidence, or provide documentation, before the commission or at any of its hearings or conferences, or in compliance with any subpoena; however, no person testifying shall be exempt from prosecution and punishment for perjury committed in so testifying.
Miss. Code Ann. § 49-7-58.2 — MS Code / Title 49 / Chapter 2 / Section 7-58.2
Miss. Code Ann. § 49-7-58.2
Status: in_force

(1) The Department of Wildlife, Fisheries and Parks shall develop and implement a program for inspecting, monitoring, testing and preventing chronic wasting disease. The Commission on Wildlife, Fisheries and Parks shall promulgate rules and regulations to effect the sampling of deer harvested, or dying from, nonhunting related causes, within an enclosure. If chronic wasting disease is diagnosed in white-tailed deer within an enclosure, the department is authorized to use methods authorized by the commission and enter the enclosure to determine a solution for containing the disease within the enclosure. If chronic wasting disease is diagnosed within five (5) miles of the enclosure, the department is authorized to enter the enclosure and utilize the best collection methods available to obtain tissue samples. If chronic wasting disease is detected within an enclosure, the commission shall not declare surrounding or adjoining properties within a five (5) mile radius of the enclosure a CWD Management Zone, until chronic wasting disease is positively detected within such radius on these surrounding or adjoining properties.

(2) If a live test for chronic wasting disease is developed, the department is authorized to conduct such tests on white-tailed deer within any enclosure.
Miss. Code Ann. § 49-28-17 — MS Code / Title 49 / Chapter 8 / Section 28-17
Miss. Code Ann. § 49-28-17
Status: in_force

(1) The powers of a district shall be vested in and exercised by a board of commissioners consisting of five (5) members to be appointed by the board of supervisors from a list of at least fifteen (15) candidates submitted by the supervisor in whose district the shoreline and beach preservation district is located. If the shoreline and beach preservation district is located in more than one (1) supervisors district, the supervisors in whose districts the shoreline and beach preservation district is located shall submit a list of at least fifteen (15) candidates mutually agreed upon by such supervisors. The members of the board of commissioners shall be landowners or residents of the district and shall be at least twenty-five (25) years of age and of sound and disposing mind and judgment. Upon their initial appointment, one (1) of the commissioners shall be appointed for a term of one (1) year; one (1) for a term of two (2) years; one (1) for a term of three (3) years; one (1) for a term of four (4) years; and one (1) for a term of five (5) years. After expiration of the initial appointments, each commissioner shall be appointed and shall hold office for a term of five (5) years. Any vacancy occurring on the board of commissioners shall be filled by the board of supervisors at any regular meeting of the board of supervisors in the same manner as original appointments are made. The board of supervisors may fill all unexpired terms of any commissioner.

Notwithstanding the appointive authority granted in this section to the board of supervisors, its legal and actual responsibilities, authority and function, subsequent to the creation of a district, shall be specifically limited to the appointive function and responsibilities outlined in Sections 49-28-21 , 49-28-27 and 49-28-29 . The operation, management, abolition or dissolution of a district, and all other matters in connection therewith, shall be vested solely and only in the board of commissioners to the specific exclusion of the board of supervisors, and the abolition, dissolution or termination of a district shall be accomplished only by unanimous resolution of the board of commissioners.

(2) The board of commissioners shall organize by electing one of its members as chairman and another as vice-chairman. The chairman shall preside at all meetings of the board and act as the chief executive officer of the board and of the district. The vice-chairman shall act in the absence or disability of the chairman. The board also shall elect and fix the compensation of a secretary-treasurer who may or may not be a member of the board. The secretary-treasurer shall keep all minutes and records of the board and safely keep all funds of the district. The secretary-treasurer shall execute a bond, payable to the district, in a sum and with security as shall be fixed and approved by the board of commissioners.

(3) Each person appointed as a commissioner, before entering upon the discharge of the duties of the office, shall execute a bond payable to the State of Mississippi in the penal sum of Ten Thousand Dollars ($10,000.00) conditioned that the person will faithfully discharge the duties of the office. Each bond shall be approved by and filed with the clerk of the board of supervisors.

(4) Each commissioner shall take and subscribe to an oath of office prescribed in Section 268, Mississippi Constitution of 1890 , before the Chancery Clerk of the county in which the district is located, that the person will faithfully discharge the duties of the office of commissioner. The oath shall be filed with the Chancery Clerk and preserved with the official bond.

(5) A majority of the membership of the board of commissioners shall constitute a quorum. Except as otherwise required under this chapter, all official acts of the board of commissioners shall require a majority vote of the quorum.

(6) The board of commissioners may receive per diem compensation, if approved by the board of supervisors, in the same manner provided to officers of state boards, commissions and agencies in Section 25-3-69, Mississippi Code of 1972 . However, the per diem compensation shall not exceed Two Hundred Dollars ($200.00) per month and shall not entitle any member of the board of commissioners to receive or be eligible for any state employee group insurance, retirement or other fringe benefits.
Miss. Code Ann. § 49-31-15 — MS Code / Title 49 / Chapter 4 / Section 31-15
Miss. Code Ann. § 49-31-15
Status: in_force

It shall be the duty of each state agency, the judicial branch of state government, the state institutions of higher learning and community colleges to:

(a) Establish a program, in cooperation with the Department of Environmental Quality and the Department of Finance and Administration, for the collection of recyclable materials as determined by the Department of Environmental Quality, generated in state offices throughout the state.

(b) Provide procedures for collecting and storing recyclable materials, containers for storing recyclable materials and contractual arrangements with buyers of recyclable materials.

(c) Evaluate the amount of recyclable materials recycled and make all necessary modifications to the recycling program to ensure that recyclable materials, as determined by the Department of Environmental Quality, are effectively and practically recycled.

(d) Establish and implement, in cooperation with the Department of Environmental Quality and the Department of Finance and Administration, a source reduction program for materials, as determined by the Department of Environmental Quality, used in the course of agency operations. The program shall be designed and implemented to achieve the maximum feasible source reduction of waste as a result of agency operations.
Miss. Code Ann. § 49-15-305 — MS Code / Title 49 / Chapter 6 / Section 15-305
Miss. Code Ann. § 49-15-305
Status: in_force

(1) The Governor shall appoint the Executive Director of the Department of Marine Resources, with the advice and consent of the Senate, who shall serve at the will and pleasure of the Governor. The executive director shall be knowledgeable and experienced in marine resources management.

(2) The executive director of the department shall have the following powers and duties:

(a) To supervise and direct all administrative, inspection and technical activities and personnel of the department;

(b) To employ qualified professional personnel in the subject matter or fields, and any other technical and clerical staff as may be required for the operation of the department;

(c) To coordinate all studies in the State of Mississippi concerned with the supply, development, use and conservation of marine resources;

(d) To prepare and deliver to the Legislature and the Governor on or before January 1 of each year, and at any other times as may be required by the Legislature or Governor, a full report of the work of the department, including a detailed statement of expenditures of the department and any recommendations the department may have;

(e) To enter into cooperative agreements with any federal or state agency or subdivision thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, corporation or association in connection with studies and investigations pertaining to marine resources, provided the agreements do not have a financial cost in excess of the amounts appropriated for the purposes by the Legislature; and

(f) To carry out all regulations and rules adopted by the department and enforce all licenses and permits issued by the department.
Miss. Code Ann. § 49-15-67 — MS Code / Title 49 / Chapter 6 / Section 15-67
Miss. Code Ann. § 49-15-67
Status: in_force

(1)(a) Any party may file an appeal from the decision of the commission with the Chancery Court of Harrison County, Second Judicial District. The appeal shall be filed within thirty (30) days of the decision of the commission. An appeal to the chancery court shall not stay the execution of an order of the commission. Any party aggrieved by an order of the commission may petition the chancery court for an appeal with supersedeas and the court shall grant a hearing on the petition, and upon good cause shown may grant the appeal with supersedeas. If granted, the appellant shall be required to post a bond with sufficient sureties according to law in an amount to be determined by the court.

(b) If the court finds that the order appealed from is supported by substantial evidence, is not arbitrary and capricious and does not violate constitutional rights, the court shall affirm the order of the commission.

(2) Upon the filing of an appeal, the clerk of the chancery court shall serve notice upon the commission. The commission shall within sixty (60) days from the service of the notice, or within such additional time as the court may for cause allow, certify to the court the record in the case. The record shall include transcript of all testimony, objections, exhibits or copies thereof, pleadings, proceedings, orders, findings and opinions entered in the case. However, the parties and commission may stipulate that only a specified portion of the record shall be certified to the court as the record on appeal.

(3) If, upon hearing the appeal, it appears to the court that any testimony has been improperly excluded by the commission or that the facts disclosed by the record are insufficient for the equitable disposition of the appeal, the court shall refer the case back to the commission to take such evidence as the court may direct and report the evidence to the court with the commission's findings of fact and conclusions of law.
Miss. Code Ann. § 49-35-7 — MS Code / Title 49 / Chapter 25 / Section 35-7
Miss. Code Ann. § 49-35-7
Status: in_force

(1)(a) Any brownfield party shall provide the department, in an application as prescribed by the commission, information necessary to demonstrate that:

(i) As a result of the proposed remediation, the brownfield property will be suitable for the use or uses specified in the application while fully protecting public health and the environment;

(ii) The brownfield party has or can obtain the financial, managerial, and technical resources to implement fully and complete the proposed remediation and assure the safe use of the brownfield property;

(iii) The current owner of the brownfield property that is the subject of the application is an applicant or has given written approval for submission of the application; and

(iv) The brownfield party will comply with all applicable procedural requirements.

(b) The commission or the department may require the brownfield party to provide other information that is reasonably related to the application or to the brownfield party.

(2) Within thirty (30) days after submission of the application, the commission shall establish, by order, a written schedule, including time for the identification of other brownfield property (i) for which the source of contamination is environmental contamination or activities on or under the brownfield property that is the subject of the application, and (ii) concerning which the commission determines that remediation is necessary, for the processing of the application by the department.

(3) If brownfield property other than that property which is the subject of the original application is identified, the applicant shall obtain written approval from that brownfield property owner for inclusion of that brownfield property in the brownfield agreement site.

(4) Following the review of the application and any other information available to the department, the department shall prepare a proposed brownfield agreement. In preparation of the agreement, the department shall consult with the applicant brownfield party.

(5) A brownfield agreement shall contain a description of the brownfield agreement site sufficient to serve as a legal description of that site and, as applicable, a statement providing:

(a) A description of all remediation to be conducted on or under the brownfield agreement site, including:

(i) A description of specific areas where remediation is to be conducted;

(ii) The remediation method or methods to be employed;

(iii) The financial, technical and managerial resources that the brownfield party will make available;

(iv) A schedule of remediation activities;

(v) Remediation requirements that are based on public health and environmental risks specific to the brownfield agreement site as established under subsection (6) of this section;

(vi) A schedule for implementation and completion of the remediation; and

(vii) Any land-use restrictions or engineering controls constituting any part of the remediation required by the commission in the brownfield agreement.

(b) The proposed uses of the brownfield agreement site after all remediation required by the commission is completed.

(c) A schedule for administration of the brownfield agreement by the department.

(d) Requirements, as deemed appropriate by the commission, for reporting on the progress of remediation conducted on or under the brownfield agreement site.

(e) Any other provisions necessary to implement the brownfield agreement.

(6) A brownfield agreement shall establish remediation requirements that are based on public health and environmental risks specific to the brownfield agreement site. In establishing the risk-based remediation requirements in a brownfield agreement, the commission shall consider the use of appropriate land-use restrictions or engineering controls or both proposed by the brownfield party. The commission may determine that permanent engineering controls in conjunction with appropriate land-use restrictions satisfy the remediation required by the commission in the brownfield agreement. These risk-based remediation requirements may include contaminant-specific, state-specific, site-specific and/or likelihood of risk methodologies for the implementation of these risk-based remediation requirements. Any party to a brownfield agreement who complies with the requirements of a brownfield agreement may rely on these risk-based remediation requirements, land-use restrictions and engineering controls as governing the extent of remediation required to be performed by the brownfield party on or under the brownfield agreement site for all purposes of this article, including liability protection, subject to the limitations in Section 49-35-15(5) . Any risk-based remediation requirements, land-use restrictions and engineering controls implemented under a brownfield agreement shall be conducted in a cost-effective manner, consistent with projected future uses of the brownfield agreement site.

(7) During the remediation process, the commission may modify a brownfield agreement after appropriate public participation, if the commission receives new information demonstrating that a contaminant on or under the brownfield agreement site poses less risk than the risk that formed a basis for the remediation requirements.

(8) The applicant brownfield party and the commission may agree to remediation of a brownfield property which is not the subject of the application to a risk level of unrestricted use.
Miss. Code Ann. § 49-5-97 — MS Code / Title 49 / Chapter 5 / Section 5-97
Miss. Code Ann. § 49-5-97
Status: in_force

The funds which are transferred from the sale of bonds under Sections 49-5-86 through 49-5-98 to the special fund in the State Treasury known as the “Wildlife Heritage Committee Land Purchase Fund” may be withdrawn only in the following manner: The funds shall be paid by the State Treasurer upon warrants issued by the Department of Finance and Administration, which warrants shall be issued upon requisition by the chairman of the commission pursuant to a resolution adopted by the commission authorizing the requisition.

All expenditures ordered by the commission shall be entered upon its minutes, and the commission shall submit a full report of its work and all the transactions carried on by it and a complete statement of all its expenditures at the next regular session of the Legislature.
Miss. Code Ann. § 49-17-531 — MS Code / Title 49 / Chapter 6 / Section 17-531
Miss. Code Ann. § 49-17-531
Status: in_force

The commission may establish requirements for reciprocity for accreditation and certification of risk assessors, project designers, supervisors, renovators, dust sampling technicans 1 , inspectors and workers with other states that have established accreditation and certification programs that meet or exceed the requirements established by the commission for accreditation and certification in this state.
Miss. Code Ann. § 49-17-101 — MS Code / Title 49 / Chapter 9 / Section 17-101
Miss. Code Ann. § 49-17-101
Status: in_force

Whenever used in Sections 49-17-101 through 49-17-123 , unless a different meaning clearly appears from the context, the following terms, whether used in the singular or plural, shall be given the following meanings:

(1) “Bonds” shall include notes, bonds and other obligations authorized to be issued under Sections 49-17-101 through 49-17-123 .

(2) “Governing board” shall mean the governing bodies of the several counties and incorporated municipalities of the state as now or hereafter constituted; and in the event that any pollution control facilities shall be located in more than one (1) county, the term “governing board” shall also relate to the governing bodies of the several counties wherein such pollution control facilities shall be located.

(3) “Municipality” shall mean a county or incorporated municipality of this state.

(4) “Pollution control facilities” shall mean any facilities to be located in the municipality which are designed and used for the elimination, mitigation or prevention of air or water pollution, and shall include all facilities and equipment designed and used to collect, treat and thereafter dispose of all effluents and waste of any sort originating in or about or resulting from conduct of any industrial enterprise. Pollution control facilities may include facilities designed both for water and air pollution. Pollution control facilities may be constructed as part of, and may include facilities also designed for the recovery of chemicals or to serve some other purpose, but which also contribute to the elimination, mitigation or prevention of air or water pollution. Pollution control facilities financed pursuant to Sections 49-17-101 through 49-17-123 by a county or an incorporated municipality shall not be a part of such county's or municipality's municipal water or sewer system.

(5) “Industry” shall mean any person, firm or corporation operating any enterprise or facility for the manufacturing, processing, generation, assembling, distributing, shipping or rendering of any type of energy, product, or public utility services from which operation conditions result which would, unless eliminated, mitigated or prevented, result in pollution of the atmosphere or waters situated in or abutting this state.

(6) “Pollution authority” shall mean the Mississippi Air and Water Pollution Control Commission as established by Sections 49-17-1 through 49-17-43 , as the same may be amended from time to time.

(7) “Lease/sale” shall mean any agreement without limitation whereby a county or incorporated municipality shall lease and/or convey title to pollution control facilities to an industry, made by and between the governing board and such industry by which such industry agrees to pay to (and to secure if so required) the county or the incorporated municipality, as the case may be, or to any assignee thereof, the sums required to meet the payment of the principal, interest and redemption premium, if any, on any bonds, and/or the expenses, if any, of operation by such municipality or county.

(8) “Board” shall mean the Mississippi Agricultural and Industrial Board.
Miss. Code Ann. § 49-37-11 — MS Code / Title 49 / Chapter 21 / Section 37-11
Miss. Code Ann. § 49-37-11
Status: in_force

The Department of Environmental Quality shall serve as the coordinator for implementation of this chapter. The Department of Environmental Quality shall provide any technical and other support services and personnel as the Mississippi Scientific Information Management System Coordinating Council may require in the performance of its functions. The Department of Environmental Quality shall administer any funds made available to the coordinating council for its use and shall at the request and on behalf of the coordinating council, contract for services using any funds available to the coordinating council.
Miss. Code Ann. § 49-17-63 — MS Code / Title 49 / Chapter 13 / Section 17-63
Miss. Code Ann. § 49-17-63
Status: in_force

Loans in aid of construction in amounts of Five Hundred Thousand Dollars ($500,000.00) or less made from state funds shall be made to the political subdivision eligible to receive such loan immediately upon approval of the award by the appropriate federal agency or agencies of a contract, or contracts, for construction.

The remainder of any such loan in aid of construction from state funds shall be made in installments in accord with rules and regulations adopted by the bureau of pollution control of the department of natural resources as authorized by subsection (h) of Section 49-17-17, Mississippi Code of 1972 .

All such loans in aid of construction shall be made subject to the availability of funds.
Miss. Code Ann. § 49-27-53 — MS Code / Title 49 / Chapter 11 / Section 27-53
Miss. Code Ann. § 49-27-53
Status: in_force

Jurisdiction and venue for judicial actions brought pursuant to this chapter shall lie in any county or counties in which the alleged violation occurs or in which property affected by such violation is located.
Miss. Code Ann. § 49-28-11 — MS Code / Title 49 / Chapter 6 / Section 28-11
Miss. Code Ann. § 49-28-11
Status: in_force

If the creation of the district is initiated by petition, the board of supervisors may bear the costs of meeting the requirements of this chapter or may require the parties filing the petition to bear the costs. The board of supervisors may require the execution of a cost bond by the parties filing the petition. The bond shall be in an amount and with good sureties to guarantee the payment of any costs.
Miss. Code Ann. § 49-17-101 — MS Code / Title 49 / Chapter 5 / Section 17-101
Miss. Code Ann. § 49-17-101
Status: in_force

Whenever used in Sections 49-17-101 through 49-17-123 , unless a different meaning clearly appears from the context, the following terms, whether used in the singular or plural, shall be given the following meanings:

(1) “Bonds” shall include notes, bonds and other obligations authorized to be issued under Sections 49-17-101 through 49-17-123 .

(2) “Governing board” shall mean the governing bodies of the several counties and incorporated municipalities of the state as now or hereafter constituted; and in the event that any pollution control facilities shall be located in more than one (1) county, the term “governing board” shall also relate to the governing bodies of the several counties wherein such pollution control facilities shall be located.

(3) “Municipality” shall mean a county or incorporated municipality of this state.

(4) “Pollution control facilities” shall mean any facilities to be located in the municipality which are designed and used for the elimination, mitigation or prevention of air or water pollution, and shall include all facilities and equipment designed and used to collect, treat and thereafter dispose of all effluents and waste of any sort originating in or about or resulting from conduct of any industrial enterprise. Pollution control facilities may include facilities designed both for water and air pollution. Pollution control facilities may be constructed as part of, and may include facilities also designed for the recovery of chemicals or to serve some other purpose, but which also contribute to the elimination, mitigation or prevention of air or water pollution. Pollution control facilities financed pursuant to Sections 49-17-101 through 49-17-123 by a county or an incorporated municipality shall not be a part of such county's or municipality's municipal water or sewer system.

(5) “Industry” shall mean any person, firm or corporation operating any enterprise or facility for the manufacturing, processing, generation, assembling, distributing, shipping or rendering of any type of energy, product, or public utility services from which operation conditions result which would, unless eliminated, mitigated or prevented, result in pollution of the atmosphere or waters situated in or abutting this state.

(6) “Pollution authority” shall mean the Mississippi Air and Water Pollution Control Commission as established by Sections 49-17-1 through 49-17-43 , as the same may be amended from time to time.

(7) “Lease/sale” shall mean any agreement without limitation whereby a county or incorporated municipality shall lease and/or convey title to pollution control facilities to an industry, made by and between the governing board and such industry by which such industry agrees to pay to (and to secure if so required) the county or the incorporated municipality, as the case may be, or to any assignee thereof, the sums required to meet the payment of the principal, interest and redemption premium, if any, on any bonds, and/or the expenses, if any, of operation by such municipality or county.

(8) “Board” shall mean the Mississippi Agricultural and Industrial Board.
Miss. Code Ann. § 49-17-763 — MS Code / Title 49 / Chapter 9 / Section 17-763
Miss. Code Ann. § 49-17-763
Status: in_force

The county authority shall have power in connection with the issuance of its bonds pursuant to this act to:

(a) Covenant as to the use of any or all of its property, real or personal;

(b) Redeem the bonds, to covenant for their redemption and to provide the terms and conditions thereof;

(c) Covenant to charge rates, fees and charges sufficient to meet operating and maintenance expenses, renewals and replacements, principal and debt service on bonds, creation and maintenance of any reserves required by a bonds resolution, trust indenture or other security instrument and to provide for any margins or coverages over and above debt service on the bonds deemed desirable for the marketability of the bonds;

(d) Covenant and prescribe as to events of default and terms and conditions upon which any or all of its bonds shall become or may be declared due before maturity, as to the terms and conditions upon which such declaration and its consequences may be waived and as to the consequences of default and the remedies of the registered owners of the bonds;

(e) Covenant as to the mortgage or pledge of or the grant of a security interest in any real or personal property and all or any part of the revenues from any designated system or any part thereof or any revenue-producing contract or contracts made by a county authority with any person to secure the payment of bonds, subject to such agreements with the registered owners of bonds as may then exist;

(f) Covenant as to the custody, collection, securing, investment and payment of any revenues, assets, monies, funds or property with respect to which a county authority may have any rights or interest;

(g) Covenant as to the purposes to which the proceeds from the sale of any bonds then or thereafter to be issued may be applied, and the pledge of such proceeds to secure the payment of the bonds;

(h) Covenant as to the limitations on the issuance of any additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding bonds;

(i) Covenant as to the rank or priority of any bonds with respect to any lien or security;

(j) Covenant as to the procedure by which the terms of any contract with or for the benefit of the registered owners of bonds may be amended or abrogated, the amount of bonds the registered owners of which must consent thereto, and the manner in which such consent may be given;

(k) Covenant as to the custody of any of its properties or investments, the safekeeping thereof, the insurance to be carried thereon, and the use and disposition of insurance proceeds;

(l) Covenant as to the vesting in a trustee or trustees, within or outside the state, of such properties, rights, powers and duties in trust as such county authority may determine;

(m) Covenant as to the appointing and providing for the duties and obligations of a paying agent or paying agents or other fiduciaries within or outside the state;

(n) Make all other covenants and to do any and all such acts and things as may be necessary or convenient or desirable in order to secure its bonds, or in the absolute discretion of the county authority tend to make the bonds more marketable, notwithstanding that such covenants, acts or things may not be enumerated herein; it being the intention hereof to give any county authority power to do all things in the issuance of bonds and in the provisions for security thereof which are not inconsistent with the Constitution of the state; and

(o) Execute all instruments necessary or convenient in the exercise of the powers herein granted or in the performance of covenants or duties, which may contain such covenants and provisions, as any purchaser of the bonds of the county authority may reasonably require.
Miss. Code Ann. § 49-19-221 — MS Code / Title 49 / Chapter 10 / Section 19-221
Miss. Code Ann. § 49-19-221
Status: in_force

(1) An eligible owner shall receive cost-share assistance as the commission, in its discretion, shall determine and approve, but the commission shall approve no assistance in an amount which exceeds either (a) a sum equal to seventy-five percent (75%) of the owner's actual cost incurred in implementing the approved practice approved by the commission for that owner on a particular tract of land or lands, except that with respect to sixteenth section school trust lands the commission may approve up to one hundred percent (100%) cost-share for any school district that has less has than Ten Thousand Dollars ($10,000.00) in its Forestry Escrow Fund, or (b) a sum equal to Thirty-seven Dollars and Fifty Cents ($37.50) per acre of land on which the approved practice is implemented by the owner; provided, however, that no eligible owner, in any one (1) fiscal year, shall receive a sum total for all approved practices implemented by the owner of more than Ten Thousand Dollars ($10,000.00); except that with respect to sixteenth section trust lands the commission, at its discretion, may exceed said monetary limit in order to provide a total forest improvement program within any county.

(2) The limitation of Thirty-seven Dollars and Fifty Cents ($37.50) per acre, as set forth in item (b) of subsection (1) of this section, may be changed by the commission pursuant to the authorization of subparagraph (c) of Section 49-19-219 .

(3) During the reforestation of sixteenth section school trust lands classified as forest lands, no more than an average of twenty-five percent (25%) of Forest Resource Development Program funds will be spent on the reforestation of these school trust lands.

(4) It is the intent of this section that the Mississippi Forestry Commission by 1995 bring to maximum productivity all sixteenth section land.
Miss. Code Ann. § 49-27-69 — MS Code / Title 49 / Chapter 13 / Section 27-69
Miss. Code Ann. § 49-27-69
Status: in_force

All fees and other sums received by the commission pursuant to this chapter shall be deposited to the credit of the “Seafood Fund”.
Miss. Code Ann. § 49-17-3 — MS Code / Title 49 / Chapter 8 / Section 17-3
Miss. Code Ann. § 49-17-3
Status: in_force

Whereas, the pollution of the air and waters of the state constitutes a menace to public health and welfare, creates a public nuisance, is harmful to wildlife, fish and aquatic life, and impairs domestic, agricultural, industrial, recreational and other legitimate beneficial uses of air and water, and whereas, the problem of air and water pollution in this state is closely related to the problem of air and water pollution in adjoining states, it is hereby declared to be the public policy of this state to conserve the air and waters of the state and to protect, maintain and improve the quality thereof for public use, for the propagation of wildlife, fish and aquatic life, and for domestic, agricultural, industrial, recreational and other legitimate beneficial uses; to maintain such a reasonable degree of quality of the air resources of the state to protect the health, general welfare and physical property of the people, and to provide that no waste be discharged into any waters of the state without first receiving the necessary treatment or other corrective action to protect the legitimate beneficial uses of such waters; to provide for the prevention, abatement and control of new or existing air or water pollution; and to cooperate with other agencies of the state, agencies of other states, and the federal government in carrying out these objectives.
Miss. Code Ann. § 49-19-209 — MS Code / Title 49 / Chapter 10 / Section 19-209
Miss. Code Ann. § 49-19-209
Status: in_force

The state forester is authorized to employ such professional and clerical assistance as is needed to implement the provisions of Sections 49-19-201 through 49-19-227 , and to compensate such individuals from funds appropriated for such purpose.

The state forester is authorized to purchase equipment, supplies and materials and to maintain and transport equipment as is needed to implement the provisions of Sections 49-19-201 through 49-19-227 , and to defray the expenses of such purchase and transportation from any funds appropriated for such purpose.
Miss. Code Ann. § 49-23-17 — MS Code / Title 49 / Chapter 15 / Section 23-17
Miss. Code Ann. § 49-23-17
Status: in_force

(1) The Mississippi Transportation Commission is authorized to acquire by purchase, gift or condemnation, all advertising devices and any property rights pertaining thereto, when such advertising devices are required to be removed under the provisions of Section 49-23-15 . Just compensation shall be paid for the acquisition and for the removal of any outdoor advertising lawfully erected as defined in Section 131 of Title 23, United States Code , as amended, that is required to be removed under the provisions of Section 49-23-15 . The use of amortization for whatever period shall not constitute just compensation.

(2) If any political subdivision or other governmental agency requires the removal of any outdoor advertising sign lawfully erected, just compensation shall be paid to the owner of the sign for the cost of removal plus the fair market value of the sign removed. The use of amortization for whatever period shall not constitute just compensation.

(3) Damages resulting from any taking in eminent domain shall be ascertained in the manner presently provided by law, or in such manner as the Legislature may hereafter provide, and shall be limited to:

(a) The taking from the owner of such sign, display or device of all right, title, leasehold and interest in such sign, display or device; and

(b) The taking from the owner of the real property on which the sign, display or device is located, of the right to erect and maintain such signs, displays and devices thereon, less enhancement of the property remaining by reason of removal of such sign, display or device and special benefits resulting therefrom.

(4) This section shall not apply to any on-premises sign ordinance adopted by a political subdivision or other governmental agency before May 15, 1992.
Miss. Code Ann. § 49-17-723 — MS Code / Title 49 / Chapter 6 / Section 17-723
Miss. Code Ann. § 49-17-723
Status: in_force

There is hereby created and established a public body corporate and politic constituting a political subdivision of the State of Mississippi to be known as the “Stone County Utility Authority.” The authority is composed of the geographic area of Stone County as defined in Section 19-1-131, Mississippi Code of 1972 , for the planning, acquisition, construction, maintenance, operation and coordination of water, wastewater and storm water systems in order to ensure the delivery of water, wastewater and storm water services to citizens residing within the boundaries of Stone County. The Stone County Utility Authority shall be deemed to be acting in all respects for the benefit of the people of the state in the performance of essential public functions, and the Stone County Utility Authority shall be empowered in accordance with the provisions of this act to promote the health, welfare and prosperity of the general public.
Miss. Code Ann. § 49-15-12 — MS Code / Title 49 / Chapter 8 / Section 15-12
Miss. Code Ann. § 49-15-12
Status: in_force

(1) The Department of Marine Resources and the Department of Wildlife, Fisheries and Parks shall comply with Sections 5-11-1 through 5-11-5 in the transfer of the marine law enforcement division.

(2)(a) All personnel actions initiated as a result of the transfer of law enforcement officers shall be subject to the State Personnel Board rules, regulations and procedures. The executive director shall implement a merit promotion system for all law enforcement officers. The merit promotion system shall be based on an individual's merit and length of service.

(b) The transfer of personnel shall be commensurate with the number and classification of positions (PINS) allocated to the Division of Marine Law Enforcement on January 1, 1999. The transfer shall also include direct support, clerical, data processing, communications and boating safety pins and resources.
Miss. Code Ann. § 49-17-507 — MS Code / Title 49 / Chapter 17 / Section 17-507
Miss. Code Ann. § 49-17-507
Status: in_force

In addition to any other powers and duties authorized by law, the commission shall have the following powers and duties regarding lead-based paint activities:

(a) To adopt, modify, repeal and promulgate, after due notice and hearing, and where not otherwise prohibited by federal or state law, to make exceptions to and grant exemptions and variances from, and to enforce rules and regulations implementing or effectuating the powers and duties of the commission under Sections 49-17-501 through 49-17-531 ;

(b) To issue, reissue, suspend, revoke or deny the issuance or reissuance of accreditation for lead-based paint activity training programs and to require the modification of those training programs;

(c) To issue, reissue, suspend, revoke or deny the issuance or reissuance of certificates for risk assessors, project designers, supervisors, renovators, dust sampling technicians, inspectors and workers involved in lead-based paint activities;

(d) To develop and require the use of work practice standards for lead-based paint activities and to monitor compliance with those work practice standards;

(e) To establish pre-renovation information distribution requirements and monitor compliance with those requirements;

(f) To enforce and assess penalties for violations of Sections 49-17-501 through 49-17-531 ;

(g) To assess and collect fees for the accreditation of training programs, issuance and reissuance of certificates, and lead-based paint abatement and renovation projects;

(h) To develop an examination and grading system for testing applicants to be administered by accredited training programs;

(i) To establish requirements and procedures for the administration of a third-party certification examination;

(j) To enter into reciprocal agreements for accreditation of training programs and certification of risk assessors, project designers, supervisors, renovators, dust sampling technicians, inspectors and workers with other states that have established accreditation and certification programs that meet or exceed the accreditation and certification requirements adopted under Sections 49-17-501 through 49-17-531 ;

(k) To apply for, receive and expend any contributions, gifts, devises, bequests or funds from any source relating to Sections 49-17-501 through 49-17-531 ;

( l ) To enter into, and to authorize the executive director to execute with the approval of the commission, contracts, grants and cooperative agreements, except as limited under Section 49-2-9 , with any federal or state agency or subdivision thereof, any public or private institution, or any other person in connection with carrying out Sections 49-17-501 through 49-17-531 ; and

(m) To discharge other duties, responsibilities and powers necessary to implement Sections 49-17-501 through 49-17-531 .
Miss. Code Ann. § 49-7-38 — MS Code / Title 49 / Chapter 2 / Section 7-38
Miss. Code Ann. § 49-7-38
Status: in_force

(1) Any person who is exempt from having a hunting license and any person licensed to hunt deer with a bow or primitive weapon may hunt with a crossbow or bow and arrow during any open season on deer, turkey or small game.

(2) When hunting during any gun season on deer, the hunter must comply with Section 49-7-31.1 .
Miss. Code Ann. § 49-28-47 — MS Code / Title 49 / Chapter 10 / Section 28-47
Miss. Code Ann. § 49-28-47
Status: in_force

This chapter shall be liberally construed for the purposes herein set out, the powers hereby granted being additional, cumulative and supplemental to any power granted to a board of supervisors by any general or local and private act of the Legislature.
Miss. Code Ann. § 49-3-7 — MS Code / Title 49 / Chapter 3 / Section 3-7
Miss. Code Ann. § 49-3-7
Status: in_force

The board of trustees of state institutions of higher learning shall provide for such laboratory such buildings, equipment, personnel, supplies and service as it shall determine to be necessary for the proper operation and maintenance of such laboratory, having due regard for the contributory facilities and programs already existing at Mississippi State University.
Miss. Code Ann. § 49-37-11 — MS Code / Title 49 / Chapter 31 / Section 37-11
Miss. Code Ann. § 49-37-11
Status: in_force

The Department of Environmental Quality shall serve as the coordinator for implementation of this chapter. The Department of Environmental Quality shall provide any technical and other support services and personnel as the Mississippi Scientific Information Management System Coordinating Council may require in the performance of its functions. The Department of Environmental Quality shall administer any funds made available to the coordinating council for its use and shall at the request and on behalf of the coordinating council, contract for services using any funds available to the coordinating council.
Miss. Code Ann. § 49-19-303 — MS Code / Title 49 / Chapter 8 / Section 19-303
Miss. Code Ann. § 49-19-303
Status: in_force

(1) The application of prescribed burning is a landowner property right and a land management tool that benefits the safety of the public, the environment and the economy of Mississippi. Pursuant thereto, the Legislature finds that:

(a) Prescribed burning reduces naturally occurring vegetative fuels within wild land areas. Reduction of the fuel load reduces the risk and severity of major catastrophic wildfire, thereby reducing the threat of loss of life and property, particularly in urbanizing areas.

(b) Most of Mississippi's natural communities require periodic fire for maintenance of their ecological integrity. Prescribed burning is essential to the perpetuation, restoration and management of many plant and animal communities. Significant loss of the state's biological diversity will occur if fire is excluded from fire-dependent systems.

(c) Forest lands constitute significant economic, biological and aesthetic resources of statewide importance. Prescribed burning on forest land prepares sites for reforestation, removes undesirable competing vegetation, expedites nutrient cycling and controls or eliminates certain forest pathogens.

(d) The state manages hundreds of thousands of acres of land for parks, wildlife management areas, forests and other public purposes. The use of prescribed burning for management of public lands is essential to maintain the specific resource values for which these lands were acquired.

(e) Proper training in the use of prescribed burning is necessary to ensure maximum benefits and protection for the public.

(f) As Mississippi's population continues to grow, pressures from liability issues and nuisance complaints inhibit the use of prescribed burning.

(2) It is the purpose of Sections 49-19-301 through 49-19-307 to authorize and promote the continued use of prescribed burning for ecological, silvicultural and wildlife management purposes.
Miss. Code Ann. § 49-5-119 — MS Code / Title 49 / Chapter 2 / Section 5-119
Miss. Code Ann. § 49-5-119
Status: in_force

The cost of programs established under Sections 49-5-101 through 49-5-119 shall be borne by any funds or property donated or granted for such purposes by any firm, person, corporation or agency of the U.S. Government and/or from such funds as may be appropriated from time to time by the Legislature; provided, further, that such funds as may be donated or granted by any firm, person, corporation or agency of the U.S. Government shall be placed in a separate fund to be known as “the endangered species protection fund” and such funds may be spent by the commission in its discretion as they become available in carrying out the provisions of Sections 49-5-101 through 49-5-119 .

Provided, further, the commission may in its discretion have printed, issue and sell singly or in blocks of five annual editions of not more than five thousand (5,000) endangered species stamps for sale and voluntary purchase as a contribution at Five Dollars ($5.00) each; and funds so derived, less printing costs, shall be deposited in the endangered species fund.
Miss. Code Ann. § 49-35-1 — MS Code / Title 49 / Chapter 28 / Section 35-1
Miss. Code Ann. § 49-35-1
Status: in_force

This article shall be known and may be cited as the “Mississippi Brownfields Voluntary Cleanup and Redevelopment Act.”
Miss. Code Ann. § 49-17-717 — MS Code / Title 49 / Chapter 2 / Section 17-717
Miss. Code Ann. § 49-17-717
Status: in_force

(1) If the authority is created, all powers of the George County Utility Authority shall be exercised by a board of directors comprised of five (5) directors appointed as follows: Within thirty (30) days of creation of the authority, the Board of Supervisors of George County shall appoint three (3) residents from the county, and the Board of Aldermen of the City of Lucedale shall appoint two (2) residents from the city. The directors shall serve at the will and pleasure of the governing body making the appointments. Any vacancy arising by expiration of a director's term, or a vacancy created by the removal of a director for any other reason, shall be filled by appointment made by the party originally responsible for the appointment of the director vacating his or her appointment.

(2) All business of the George County Utility Authority shall be transacted as provided in Section 49-17-741 , except that all actions affecting rates, bonds or capital improvements must be by unanimous vote of all members of the board.

(3) In addition to any other powers and rights conferred upon such board of directors, the board is granted and may exercise all powers and rights granted pursuant to Sections 49-17-739 through 49-17-773 to promote the health, welfare and prosperity of the general public.
Miss. Code Ann. § 49-17-33 — MS Code / Title 49 / Chapter 1 / Section 17-33
Miss. Code Ann. § 49-17-33
Status: in_force

The hearings herein provided may be conducted by the commission itself at a regular or special meeting of the commission, or the commission may designate a hearing officer, who may be the executive director, who shall have the power and authority to conduct such hearings in the name of the commission at any time and place as conditions and circumstances may warrant. The hearing officer shall have the record prepared of any hearing which he has conducted for the commission. Such record shall be submitted to the commission along with that hearing officer's findings of fact and recommended decision. Upon receipt and review of the record of the hearing and the hearing officer's findings of fact and recommended decision, the commission shall thereupon render its final decision in the matter. Any person ordered to appear for an alleged violation shall have the right to request a hearing before a majority of the commission if he prefers and such a hearing may then be set for the next regular meeting of the full commission, or specially. A verbatim record of the proceedings of such hearings shall be taken and filed with the commission, together with findings of fact and conclusions of law made by the commission. Witnesses who are subpoenaed shall receive the same fees and mileage as in civil actions. In case of contumacy or refusal to obey a notice of hearing or subpoena issued under this section, the circuit court shall have jurisdiction, upon application of the commission or its representative, to issue an order requiring such person to appear and testify or produce evidence as the case may require and any failure to obey such order of the court may be punished by such court as contempt thereof. Failure to appear at any such hearing, without prior authorization to do so from the commission or its designee, may result in the commission finding the alleged violator guilty of the charges complained of by default, and at such time an order may be entered, including the assessment of a penalty, which, in the opinion of the commission, will best further the purposes of Section 17-17-1 et seq. , and Section 49-17-1 et seq.
Miss. Code Ann. § 49-15-61 — MS Code / Title 49 / Chapter 5 / Section 15-61
Miss. Code Ann. § 49-15-61
Status: in_force

The governing body of any municipality or county on the Mississippi Sound having located therein a United States Department of Interior and wild life service facility are hereby authorized either severally or jointly to contribute to the cost of the construction and erection of a marine museum for the purpose of displaying aquatic products available in the Mississippi Sound and in the Gulf of Mexico. However, the United States Department of Interior shall contribute at least fifty percent (50%) of the cost of the construction and erection of such marine museum.
Miss. Code Ann. § 49-10-5 — MS Code / Title 49 / Chapter 6 / Section 10-5
Miss. Code Ann. § 49-10-5
Status: in_force

The Commission on Wildlife, Fisheries and Parks shall make and publish such rules and regulations, not inconsistent with law, as it deems necessary to carry out the purposes of the Wildlife Violator Compact.
Miss. Code Ann. § 49-5-75 — MS Code / Title 49 / Chapter 3 / Section 5-75
Miss. Code Ann. § 49-5-75
Status: in_force

The commission may make such rules and regulations, inaugurate such studies and surveys and establish such programs as it may deem necessary to carry out the provisions and purposes of Sections 49-5-61 through 49-5-85 .
Miss. Code Ann. § 49-9-9 — MS Code / Title 49 / Chapter 4 / Section 9-9
Miss. Code Ann. § 49-9-9
Status: in_force

The director shall, upon receipt of the proper application provided for in Section 49-9-7 , and the proper fee, issue a license to catch, take or kill mussels. All licenses issued shall be good from the date of issuance to the first day of July following such issuance. Licenses shall be consecutively numbered as issued and a record shall be kept thereof in the office of the department. Such license shall state whether it is a resident or a nonresident license, the address of the licensee, and the amount paid for the license. The license shall also state what waters have been closed to the capture of mussels by the commission. Every person while taking, catching or killing mussels shall have such license in his possession and shall exhibit the same when requested to do so by an authorized officer.
Miss. Code Ann. § 49-23-13 — MS Code / Title 49 / Chapter 21 / Section 23-13
Miss. Code Ann. § 49-23-13
Status: in_force

All persons, partnerships, corporations or other business entities engaging in the outdoor advertising business, except persons erecting signs for personal activities or business, which includes but is not limited to the erection, maintenance and selling of advertising space on and along the highways and public roads of Mississippi, shall be required to provide the Mississippi State Highway Commission a bond under the rules and regulations as promulgated by the highway commission, but provided said bond does not exceed One Thousand Dollars ($1,000.00) in amount.
Miss. Code Ann. § 49-15-323 — MS Code / Title 49 / Chapter 7 / Section 15-323
Miss. Code Ann. § 49-15-323
Status: in_force

If any violation of any marine resources law or regulation is alleged to have been committed in the Gulf of Mexico outside of the state's territorial waters where the state has jurisdiction over the recreational or commercial fishing vessel, under the Magnuson-Stevens Fishery Conservation and Management Act, 16 USCS Section 1856 , or any other provision of federal law, the Department of Marine Resources shall have jurisdiction of the offense and may commence administrative enforcement action against alleged violators in accordance with the administrative procedures provisions of Section 49-15-401 et seq., Mississippi Code of 1972 .
Miss. Code Ann. § 49-7-139 — MS Code / Title 49 / Chapter 4 / Section 7-139
Miss. Code Ann. § 49-7-139
Status: in_force

This chapter shall in no way abridge, affect or repeal any of the statutes, laws, or acts relating to or having reference to seafoods, oysters, saltwater fish, saltwater shrimp, diamond back terrapin, sea turtle, crabs or any other species of marine or saltwater animal life existing or living in the waters within the territorial jurisdiction of the State of Mississippi as set out in and covered by Chapter 15 of Title 49 of the Mississippi Code of 1972 . None of the duties conferred on the Mississippi Commission on Marine Resources under Chapter 15 of Title 49 shall be conferred upon or exercised in any way by the Mississippi Commission on Wildlife, Fisheries and Parks.
Miss. Code Ann. § 49-4-11 — MS Code / Title 49 / Chapter 4 / Section 4-11
Miss. Code Ann. § 49-4-11
Status: in_force

The executive director shall possess a combination of educational qualifications, experience and skills that clearly demonstrate the ability to manage a multifunctional agency. The minimum qualifications for the position of executive director are as follows:

(a) A master's degree in one (1) of the management functions of the agency, wildlife or fisheries conservation, parks and recreation or related sciences or a master's degree in public or business administration and at least six (6) years' experience in a public or private organization with administrative management functions similar to those of the agency. At least three (3) of the six (6) years' experience must be in a position with administrative management responsibilities, including personnel supervision and budget management; or

(b) A bachelor's degree in wildlife or fisheries conservation, biology, parks and recreation, forestry, agriculture or related sciences or a bachelor's degree in public or business administration and at least eight (8) years' experience in a public or private organization with administrative management functions directly related to those of the agency, with four (4) of those years in an administrative management position with personnel supervision and budget management responsibilities.
Miss. Code Ann. § 49-17-753 — MS Code / Title 49 / Chapter 3 / Section 17-753
Miss. Code Ann. § 49-17-753
Status: in_force

(1) Any system of a municipality, public agency or person that becomes subject to the jurisdiction of a county authority and this act shall not impair, invalidate or abrogate any liens, bonds or other certificates of indebtedness related to water, storm water or wastewater facilities and systems incurred prior to becoming subject to the jurisdiction of the county authority.

(2) The county authority may do and perform any and all acts necessary, convenient or desirable to ensure the payment, redemption or satisfaction of such liens, bonds or other certificates of indebtedness.
Miss. Code Ann. § 49-27-21 — MS Code / Title 49 / Chapter 7 / Section 27-21
Miss. Code Ann. § 49-27-21
Status: in_force

Documentary evidence offered at hearings and all applications and related documents shall be open for public inspection at the office of the commission at reasonable times. Oral testimony shall be recorded and shall not be required to be transcribed except in the event of appeal.
Miss. Code Ann. § 49-17-733 — MS Code / Title 49 / Chapter 13 / Section 17-733
Miss. Code Ann. § 49-17-733
Status: in_force

(1) Upon creation of the Jackson County Utility Authority, all powers of the Jackson County Utility Authority shall be exercised by the board of directors of the Mississippi Gulf Coast Regional Wastewater Authority.

(2) Upon consolidation of the Jackson County Utility Authority and the Mississippi Gulf Coast Wastewater Authority, the county authority shall be governed by a board consisting of seven (7) directors.

(a) The members of the Board of Directors of the Mississippi Gulf Coast Regional Wastewater Authority shall serve as Directors of the Jackson County Utility Authority until the expiration of their existing terms. Upon expiration of a member's term, the governing body making the appointment shall appoint a person residing within the corporate boundaries of the governing body to serve as a director.

(b) The City of Gautier shall appoint one (1) director who resides within the City of Gautier for an initial term of three (3) years.

(c) The Board of Supervisors of Jackson County shall appoint two (2) additional directors for an initial term of two (2) and four (4) years, respectively, who reside within the unincorporated area of Jackson County.

(3)(a) After expiration of the initial terms, all appointed directors shall serve a term of six (6) years.

(b) No director shall hold an elected public office.

(4) In addition to any other powers and rights conferred upon such board of directors, the board is granted and may exercise all powers and rights granted pursuant to Sections 49-17-739 through 49-17-773 to promote the health, welfare and prosperity of the general public.
Miss. Code Ann. § 49-27-17 — MS Code / Title 49 / Chapter 9 / Section 27-17
Miss. Code Ann. § 49-27-17
Status: in_force

The following parties shall be notified of a hearing by the commission by mail prior to the date set for the hearing, but a failure to meet this requirement shall not invalidate any permit granted thereafter:

(a) All of those parties who are entitled to receive a copy of such application in accordance with Section 47-27-13 1 of this chapter; and

(b) All known present owners of record of adjacent land as reflected by current tax assessment rolls and all known claimants to water or riparian rights in or adjacent to the coastal wetlands affected.
Miss. Code Ann. § 49-27-37 — MS Code / Title 49 / Chapter 17 / Section 27-37
Miss. Code Ann. § 49-27-37
Status: in_force

(1) The commission shall send a copy of any order in issuance, denial, revocation or suspension of a permit to the parties stated in Section 49-27-17 , and such orders must be sent within ninety (90) days from the receipt of a complete application, or within ninety (90) days from an amendment to the application as provided by Section 49-27-11(2), in the case of granting or denying or thirty (30) days from the date of the hearing in the case of suspension or revocation, unless an extension is requested as provided in subsection (2) and approved by the commission.

(2) An applicant may request, in writing, additional extensions up to ninety (90) days for the processing of an application.
Miss. Code Ann. § 49-5-31 — MS Code / Title 49 / Chapter 1 / Section 5-31
Miss. Code Ann. § 49-5-31
Status: in_force

The federal conservation acts for the protection of game and fish and applicable regulations are hereby made a part of this chapter.
Miss. Code Ann. § 49-8-11 — MS Code / Title 49 / Chapter 4 / Section 8-11
Miss. Code Ann. § 49-8-11
Status: in_force

The department shall have the following powers and duties:

(a) To issue or deny permits required by law or regulation;

(b) To inspect and determine if the facilities, conditions and standards prescribed by law and regulation are sufficient for the safety of the public;

(c) To place conditions on a permit to ensure compliance; and

(d) To seize any wild animal possessed in violation of this chapter or regulations.
Miss. Code Ann. § 49-26-1 — MS Code / Title 49 / Chapter 25 / Section 26-1
Miss. Code Ann. § 49-26-1
Status: in_force

This chapter shall be known and may be cited as the “Channel Maintenance Act.”
Miss. Code Ann. § 49-23-19 — MS Code / Title 49 / Chapter 15 / Section 23-19
Miss. Code Ann. § 49-23-19
Status: in_force

Any advertising device or outdoor advertising erected which is contrary to the provisions of Sections 49-23-1 through 49-23-29 or regulations lawfully adopted hereunder is hereby declared to be a public nuisance. The State Highway Commission shall give thirty (30) days' notice by certified mail to the owner of such advertising device and landowner to remove same if it is a prohibited device or cause it to conform to regulations if it is an authorized device. Failure to receive the notice shall not prohibit the state highway commission from removing the unlawful outdoor advertising device. If the owner of the outdoor advertising device fails or refuses to remove same within thirty (30) days as required in the notice, the State Highway Commission may proceed to secure the removal of same as authorized in Section 49-23-21 .
Miss. Code Ann. § 49-17-521 — MS Code / Title 49 / Chapter 2 / Section 17-521
Miss. Code Ann. § 49-17-521
Status: in_force

(1) After August 31, 1998, it is unlawful for any firm which does not possess a valid lead-based paint certified firm certificate to perform or offer to perform any lead-based paint activity covered under Sections 49-17-501 through 49-17-531 . Certificates issued prior to July 1, 2009, shall be valid only for abatements. Certificates issued after July 1, 2009, shall indicate whether the firm is certified for renovations or abatements; or certified for both renovations and abatements.

(2) To qualify for a lead-based paint certified firm certificate, an applicant shall submit to the commission a letter attesting that the firm shall employ only appropriately certified employees to conduct lead-based paint activities and that the firm and its employees shall follow the work practice standards adopted under Sections 49-17-501 through 49-17-531 in conducting those activities. Applicant's letter submitted after July 1, 2009, shall indicate whether the applicant intends to perform renovations or abatements; or to perform both renovations and abatements.

(3) Applicants for lead-based paint certified firm certificate shall pay the applicable fee.
Miss. Code Ann. § 49-9-9 — MS Code / Title 49 / Chapter 7 / Section 9-9
Miss. Code Ann. § 49-9-9
Status: in_force

The director shall, upon receipt of the proper application provided for in Section 49-9-7 , and the proper fee, issue a license to catch, take or kill mussels. All licenses issued shall be good from the date of issuance to the first day of July following such issuance. Licenses shall be consecutively numbered as issued and a record shall be kept thereof in the office of the department. Such license shall state whether it is a resident or a nonresident license, the address of the licensee, and the amount paid for the license. The license shall also state what waters have been closed to the capture of mussels by the commission. Every person while taking, catching or killing mussels shall have such license in his possession and shall exhibit the same when requested to do so by an authorized officer.
Miss. Code Ann. § 49-19-303 — MS Code / Title 49 / Chapter 3 / Section 19-303
Miss. Code Ann. § 49-19-303
Status: in_force

(1) The application of prescribed burning is a landowner property right and a land management tool that benefits the safety of the public, the environment and the economy of Mississippi. Pursuant thereto, the Legislature finds that:

(a) Prescribed burning reduces naturally occurring vegetative fuels within wild land areas. Reduction of the fuel load reduces the risk and severity of major catastrophic wildfire, thereby reducing the threat of loss of life and property, particularly in urbanizing areas.

(b) Most of Mississippi's natural communities require periodic fire for maintenance of their ecological integrity. Prescribed burning is essential to the perpetuation, restoration and management of many plant and animal communities. Significant loss of the state's biological diversity will occur if fire is excluded from fire-dependent systems.

(c) Forest lands constitute significant economic, biological and aesthetic resources of statewide importance. Prescribed burning on forest land prepares sites for reforestation, removes undesirable competing vegetation, expedites nutrient cycling and controls or eliminates certain forest pathogens.

(d) The state manages hundreds of thousands of acres of land for parks, wildlife management areas, forests and other public purposes. The use of prescribed burning for management of public lands is essential to maintain the specific resource values for which these lands were acquired.

(e) Proper training in the use of prescribed burning is necessary to ensure maximum benefits and protection for the public.

(f) As Mississippi's population continues to grow, pressures from liability issues and nuisance complaints inhibit the use of prescribed burning.

(2) It is the purpose of Sections 49-19-301 through 49-19-307 to authorize and promote the continued use of prescribed burning for ecological, silvicultural and wildlife management purposes.
Miss. Code Ann. § 49-28-1 — MS Code / Title 49 / Chapter 27 / Section 28-1
Miss. Code Ann. § 49-28-1
Status: in_force

Except as otherwise provided in this section, any contiguous area situated within any county of the state located along the Mississippi Gulf Coast, and not being situated within the corporate boundaries of any existing municipality, and experiencing shoreline and beach erosion and other related problems, may become incorporated as a shoreline and beach preservation district in the manner set forth in the following sections. The purpose of the district shall be to provide for the planning, design, construction, operation, maintenance and improvement of shoreline and beach improvement projects, including habitat restoration projects. This chapter shall not apply to Harrison County or Hancock County, Mississippi.
Miss. Code Ann. § 49-25-13 — MS Code / Title 49 / Chapter 23 / Section 25-13
Miss. Code Ann. § 49-25-13
Status: in_force

When the State Highway Commission determines that the topography of the land adjoining the highways will not permit adequate screening of junkyards, or the screening of such junkyards would not be economically feasible, the State Highway Commission shall have the authority to acquire by gift, purchase, exchange, or condemnation such interests in lands as may be necessary to secure the removal or disposal of the junkyards, and to pay just compensation for the costs of relocation, removal or disposal thereof. When the state highway commission determines that it is in the best interest of the state, it may acquire such lands, or interest in lands, outside highway rights-of-way as may be necessary to provide adequate screening of such junkyards.
Miss. Code Ann. § 49-27-65 — MS Code / Title 49 / Chapter 13 / Section 27-65
Miss. Code Ann. § 49-27-65
Status: in_force

(a) To implement the policy set forth in the chapter and to assist in the protection of coastal wetlands, the commission acting with the cooperation and assistance of the Gulf Regional Planning Commission and the Gulf Coast Research Laboratory shall evaluate the coastal wetlands and prepare charts at an appropriate scale showing the distribution of coastal wetlands as defined in this chapter. These charts will be provided to the offices of the chancery clerk of affected counties and to the Gulf Regional Planning Commission. The charts will be updated and reissued periodically as needed to provide a current inventory of coastal wetlands.

(b) The commission shall promote the education of the public about scientific and economic knowledge concerning coastal wetlands.

(c) In recognition of the national policy expressed in the Coastal Zone Management Act of 1972, Public Law 92-583 , the commission is directed to include an overall plan for use of coastal and private wetlands in the Mississippi Coastal Zone Management Plan being prepared by the commission. The commission is further directed to identify and include in such plan specific coastal and private wetlands which should be set aside as estuarine sanctuaries.