Miss. Code Ann. § 49-18-5 — MS Code / Title 49 / Chapter 15 / Section 18-5
Miss. Code Ann. § 49-18-5
Status: in_force

(1) Notwithstanding any other provision of law, a person is not liable for removal costs or damages which result from actions taken or omitted to be taken in the course of rendering care, assistance or advice consistent with the National Contingency Plan or as otherwise directed by the federal on-scene coordinator or by the state official with responsibility for oil spill response.

(2) Subsection (1) does not apply:

(a) To a responsible party;

(b) To personal injury or wrongful death; or

(c) If the person is grossly negligent or engages in willful misconduct.

(3) A responsible party is liable for any removal costs and damages that another person is relieved of under subsection (1).

(4) Nothing in this section affects the liability of a responsible party for oil spill response under state law.
Miss. Code Ann. § 49-17-33 — MS Code / Title 49 / Chapter 8 / 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. § 49-7-303 — MS Code / Title 49 / Chapter 1 / Section 7-303
Miss. Code Ann. § 49-7-303
Status: in_force

(1) A person involved in a hunting incident in which his use of a weapon caused a serious bodily injury or death to another person and who has an alcohol concentration of eight one- hundredths percent (.08%) or more based on specified levels in Section 63-11-30 , or is under the influence of any drug or controlled substance, shall have his hunting privileges revoked or suspended for two (2) years, in addition to any other punishment imposed. The chemical test must have been administered within three (3) hours after the hunting incident.

(2) If a person refuses to submit to the test at the request of a law enforcement officer, then none shall be given. The hunting privileges of a person who refuses the test shall be suspended for four (4) years. The law enforcement officer shall inform the person that his refusal to submit to a test is admissible in court and that his hunting privileges will be revoked or suspended for four (4) years.

(3) The results of such tests and the refusal to submit to a test shall be admissible in any civil or criminal action arising out of the hunting incident in which the person was involved.

(4) Any person whose hunting privileges are revoked or suspended under this section shall be required to complete an approved hunter education course before hunting privileges may be restored.
Miss. Code Ann. § 49-19-117 — MS Code / Title 49 / Chapter 1 / Section 19-117
Miss. Code Ann. § 49-19-117
Status: in_force

(1) All forest acreage taxes assessed and collected by such levy as provided for in Section 49-19-115 shall be remitted to the forest acreage account in the State Treasury and shall be expended by the Forestry Commission as the commission may deem necessary in carrying out the purpose and intent of Sections 49-19-111 through 49-19-117 .

(2) The State Forestry Commission is hereby authorized to use state funds appropriated for the purpose of Sections 49-19-111 through 49-19-117 in addition to any funds made available from county forest acreage taxes, federal funds and other sources.

(3) The State Forestry Commission is hereby authorized to expend the funds herein provided in such manner as to most effectively carry out the provisions of Sections 49-19-111 through 49-19-117 . The forest acreage tax levied at the rate of Two Cents (2¢) per acre under Section 49-19-115(1) shall be utilized on an economical and practical basis in order to foster, encourage, promote and bring about forestry education, timber management and organized forest fire control throughout the State of Mississippi. The additional forest acreage tax levied under Section 49-19-115(2) shall be utilized by the State Forestry Commission to purchase fire support equipment, including transport trucks, tractors and other related fire support equipment. The additional forest acreage tax levied under Section 49-19-115(2) shall be appropriated under the appropriation process.
Miss. Code Ann. § 49-31-19 — MS Code / Title 49 / Chapter 28 / Section 31-19
Miss. Code Ann. § 49-31-19
Status: in_force

(1) On or before July 1, 2007, the Department of Education with advice of the Department of Environmental Quality is directed to develop or select curriculum, including materials and resource guides, for a waste minimization awareness program at the elementary and secondary levels of education.

(2) In order to orient students and their families to the minimization of waste and to encourage the participation of schools, communities and families in waste minimization programs, the school board of each school district in the state shall provide a program of student instruction in the minimization of waste materials. The instruction shall be provided at both the elementary and secondary levels of education.
Miss. Code Ann. § 49-28-17 — MS Code / Title 49 / Chapter 10 / 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. § 49-11-1 — MS Code / Title 49 / Chapter 11 / Section 11-1
Miss. Code Ann. § 49-11-1
Status: in_force

For purposes of this chapter:

(a) “Commission” means the Commission on Wildlife, Fisheries and Parks.

(b) “Department” means the Department of Wildlife, Fisheries and Parks.

(c) “Operator” means a person licensed to operate a shooting preserve or a commercial wildlife enclosure.
Miss. Code Ann. § 49-17-531 — MS Code / Title 49 / Chapter 10 / 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. § 49-25-17 — MS Code / Title 49 / Chapter 15 / Section 25-17
Miss. Code Ann. § 49-25-17
Status: in_force

Any person, partnership or corporation that seeks to establish, or establishes, a junkyard within one thousand (1,000) feet of the nearest right-of-way line of any interstate or primary highway that does not come within one or more of the exceptions contained in Section 49-25-7 , shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not exceeding Five Hundred Dollars ($500.00) for any such offense. Each day's presence of the junkyard within the prohibited distance shall be a separate offense for the purpose of the penalty provision. In addition thereto, the State Highway Commission may seek injunctive relief in the courts of the county in which said junkyard may be located to abate the said nuisance and to require the removal of all junk from the prohibited area.
Miss. Code Ann. § 49-27-3 — MS Code / Title 49 / Chapter 26 / Section 27-3
Miss. Code Ann. § 49-27-3
Status: in_force

It is declared to be the public policy of this state to favor the preservation of the natural state of the coastal wetlands and their ecosystems and to prevent the despoliation and destruction of them, except where a specific alteration of specific coastal wetlands would serve a higher public interest in compliance with the public purposes of the public trust in which coastal wetlands are held.
Miss. Code Ann. § 49-27-51 — MS Code / Title 49 / Chapter 11 / Section 27-51
Miss. Code Ann. § 49-27-51
Status: in_force

(1)(a) If a person in violation of this chapter submits a proper application for any unauthorized work and the commission determines that the work has been conducted in accordance with the public policy as set forth in Section 49-27-3 , the commission shall issue after-the-fact authorization for the work.

(b) For conducting the work without first obtaining a current and valid permit and other violations of this chapter, the commission may order and levy a penalty of not less than Fifty Dollars ($50. 00) nor more than Five Hundred Dollars ($500.00) per day for each day the violation has existed for residential type regulated activity and a penalty of not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00) per day for each day the violation has existed for commercial and industrial type regulated activity.

(2) If the person continues the violation, the Attorney General of the State of Mississippi at the request of the commission, a district attorney having jurisdiction, or a county attorney having jurisdiction may initiate the civil or criminal actions, or both civil and criminal actions, as described in this chapter against the person.

(3) The Attorney General, commission, district attorney or county attorney may initiate action to enjoin any person in violation of this chapter.
Miss. Code Ann. § 49-19-207 — MS Code / Title 49 / Chapter 8 / Section 19-207
Miss. Code Ann. § 49-19-207
Status: in_force

The commission shall serve as administrator of the provisions of Sections 49-19-201 through 49-19-227 , and shall serve as the disbursing agency for funds to be expended from and deposited to the credit of the forest development fund.
Miss. Code Ann. § 49-28-17 — MS Code / Title 49 / Chapter 26 / 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. § 49-19-15 — MS Code / Title 49 / Chapter 13 / Section 19-15
Miss. Code Ann. § 49-19-15
Status: in_force

The state forestry fund when made available by proper appropriation by the Legislature, shall be expended by the commission in carrying out and enforcing all laws pertaining to the protection of forests as the commission may direct, the vouchers to be drawn and paid as by other departments of the state.
Miss. Code Ann. § 49-7-57 — MS Code / Title 49 / Chapter 4 / Section 7-57
Miss. Code Ann. § 49-7-57
Status: in_force

Any game animal, bird or fish lawfully taken may be possessed during the open season and during the closed season. Any game animal, bird or fish unlawfully taken may not be possessed at any time.
Miss. Code Ann. § 49-4-9 — MS Code / Title 49 / Chapter 1 / Section 4-9
Miss. Code Ann. § 49-4-9
Status: in_force

Effective July 1, 1979, the Department of Wildlife, Fisheries and Parks shall have the following powers and duties:

(a) To formulate the policy of the department regarding wildlife and fisheries within the jurisdiction of the department;

(b) To apply for, receive and expend any federal or state funds or contributions, gifts, devises, bequests or funds from any other source;

(c) To commission or conduct studies designed to determine alternative methods of managing and conserving the wildlife and fisheries resources of this state in a manner to insure efficiency and sustained productivity;

(d) To receive the advice and counsel of the advisory committees created for the Division of Parks and Recreation and the Division of Wildlife and Fisheries; and

(e) To discharge such other duties, responsibilities and powers as are necessary to implement the provisions of this chapter.
Miss. Code Ann. § 49-39-3 — MS Code / Title 49 / Chapter 6 / 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. § 49-35-31 — MS Code / Title 49 / Chapter 31 / 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. § 49-26-7 — MS Code / Title 49 / Chapter 26 / 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. § 49-7-13 — MS Code / Title 49 / Chapter 5 / Section 7-13
Miss. Code Ann. § 49-7-13
Status: in_force

(1) For the purposes of this chapter, the following terms shall have the meaning ascribed herein, unless the context determines otherwise:

(a) “ Raw fur ” means the skin that has not been removed from the carcass of a fur-bearing animal or nuisance animal.

(b) “ Green pelt ” means the skin, with hair or fur attached, that has been removed from a fur-bearing animal or nuisance animal, but has not been tanned or fleshed, stretched and dried.

(c) “ Dried pelt ” means the skin of a fur-bearing animal or nuisance animal that has been fleshed, stretched and dried.

(2) Any resident of the state sixteen (16) years of age or older, upon application, is entitled to receive a state trapper's license with tag for the sum of Twenty-five Dollars ($25.00), plus the fee provided in Section 49-7-17 . This license shall be required of each helper or assistant sixteen (16) years of age or older employed or used by a trapper. No license shall be required of a resident who traps on lands in which the record title is vested in that person.

(3)(a) No person shall trap on the lands of another unless he has the permission of the landowner.

(b) No person shall use, on any public lands, a conibear-type or body-gripping trap with an inside jaw spread exceeding seven (7) inches, unless it is partially submerged in water. The designated legal authority of any public lands and its agents shall be exempt from the requirement of this subsection for the purpose of nuisance control.

(4)(a) Each licensed trapper shall have an identification number issued by the department. The licensed trapper shall have the identification number permanently inscribed on the trap or attached to the trap by a metal tag.

(b) A person exempt from purchasing a trapping license must tag or permanently inscribe any trap with his name, phone number and address.

(c) The conservation officer may take up any traps not properly marked.

(d) Every trapper shall visit his traps at least every thirty-six (36) hours.

(5) Except as otherwise provided in this section, no person shall place or set a trap on or within one hundred (100) feet of any street or public road. Public roads shall not be construed to mean public waterways.

(6)(a) A licensed trapper or resident under sixteen (16) years of age shall be allowed to trap fur-bearing animals during trapping season, and sell or consign the raw fur, green pelts and dried pelts of fur-bearing and nuisance animals during the trapping season and for thirty (30) days after the close of the season. Only a licensed trapper or resident under sixteen (16) years of age may sell or consign the raw fur, green pelts and dried pelts of fur-bearing nuisance animals.

(b) A trapper may not transport the raw fur or green pelts of fur-bearing animals within the state from eleven (11) days after the close of trapping season until the opening day of the following trapping season, unless each raw fur or green pelt is tagged or documented with the name, address and trapping identification number of the person who harvested the raw fur or green pelt and the date and place of harvest. An official possession tag that has been issued by another state shall be considered legally documented.

(c) A licensed trapper may possess and maintain in storage the raw fur, green pelts and dried pelts of fur-bearing and nuisance animals at any time.

(d) The meat of legally acquired raccoons, opossums and muskrats may also be bought and sold during trapping season, and for thirty (30) days after the close of the season.

(7)(a) A municipality or county, or any person who has contracted with a municipality or county for the purpose authorized in this subsection, may place or set only snare traps within one hundred (100) feet of any road or street located within such municipality or county. Before the action authorized by this section is taken, the governing authority of the municipality or the board of supervisors of the county shall make a finding that such placement of snare traps is reasonable and necessary to protect the public safety by removing fur-bearing and nuisance animals that threaten the safety of public roads and bridges. Snares shall be submerged at least fifty percent (50%).

(b) Landowners and their designated agents may place or set snare traps, conibear-type or body-gripping traps, live cage traps and foothold traps on property owned by the landowner within one hundred (100) feet of any road or street, but not within the maintained public road or street right-of-way.

(c) Snare traps, conibear-type or body-gripping traps shall be submerged in water at least fifty percent (50%) and foothold traps shall be completely submerged in water.
Miss. Code Ann. § 49-17-773 — MS Code / Title 49 / Chapter 2 / Section 17-773
Miss. Code Ann. § 49-17-773
Status: in_force

For the purposes of satisfying any temporary cash flow demands and deficiencies, and to maintain a working balance for the county authority, the county, municipalities or public agencies within the geographic boundaries of the county authority, or other persons, subject to their lawful authority to do so, are authorized to advance, at any time, such funds which, in its discretion, are necessary, or borrow such funds by issuance of notes, for initial capital contribution and to cover start-up costs until such times as sufficient bonds, assets and revenues have been secured to satisfy the needs of the county authority for its management, operation and formation. To this end, the county, municipality, public agency or person, subject to their lawful authority to do so, shall advance such funds, or borrow such funds by issuance of notes, under such terms and conditions as may be provided by resolution of the governing body, or other persons as defined in this act, subject to their lawful authority to do so, except that each such resolution shall state:

(a) The need for the proceeds advanced or borrowed;

(b) The amount to be advanced or the amount to be borrowed;

(c) The maximum principal amount of any note issued the interest rate or maximum interest rate to be incurred, and the maturity date of said note;

(d) In addition, the governing body, or other persons as defined in this act, subject to their lawful authority to do so, may arrange for lines of credit with any bank, firm or person for the purpose of providing an additional source of repayment for notes issued pursuant to this section. Amounts drawn on a line of credit may be evidenced by negotiable or nonnegotiable notes or other evidences of indebtedness and contain such terms and conditions as the governing body, or other persons as defined in this act, subject to their lawful authority to do so, may authorize in the resolution approving the same;

(e) The governing body of the county, municipalities or other persons as defined in this act, subject to their lawful authority to do so, may authorize the repayment of such advances, notes, lines of credit and other debt incurred under this section, along with all costs associated with the same, including, but not limited to, rating agency fees, printing costs, legal fees, bank or trust company fees, line of credit fees and other charges to be reimbursed by the county authority under such terms and conditions as are reasonable and are to be provided for by resolution of the governing body, or terms agreed upon with other persons as defined in this act, subject to their lawful authority to do so;

(f) In addition, the governing body of the county, municipality or public agency may lease or donate office space and equipment to the county authority under such terms and conditions as are reasonable and are to be provided for by resolution of the governing body, or terms agreed upon by the county authority.
Miss. Code Ann. § 49-7-79 — MS Code / Title 49 / Chapter 1 / 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. § 49-7-63 — MS Code / Title 49 / Chapter 5 / Section 7-63
Miss. Code Ann. § 49-7-63
Status: in_force

It shall be unlawful for any person at any time to capture wild fowl or game birds by the use of traps, nets or other contrivances, except as provided by this chapter.
Miss. Code Ann. § 49-7-135 — MS Code / Title 49 / Chapter 6 / Section 7-135
Miss. Code Ann. § 49-7-135
Status: in_force

The executive director may proceed immediately to negotiate with the Game and Fish Commission of the State of Louisiana to effectuate a reciprocity agreement with such commission providing that the current hunting and fishing licenses issued to hunters or fishermen of the respective states shall be accepted and recognized by the game and fish commissions of each of the states for the purpose of hunting for migratory water fowl or fishing by the hunters or fishermen of either state in the Pearl River between top bank and top bank along the course where the Pearl River forms a boundary line between the State of Louisiana and the State of Mississippi.
Miss. Code Ann. § 49-27-35 — MS Code / Title 49 / Chapter 26 / Section 27-35
Miss. Code Ann. § 49-27-35
Status: in_force

The commission shall state, upon its record, its findings and reasons for all actions taken pursuant to Sections 49-27-23 through 49-27-37 . When a permit is granted or modified, the commission shall describe the public interest to be served by granting or modifying the permit. When a permit or modification is denied, the commission shall describe the public interest which would be adversely affected by granting or modifying the permit.
Miss. Code Ann. § 49-35-9 — MS Code / Title 49 / Chapter 35 / 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. § 49-27-49 — MS Code / Title 49 / Chapter 4 / Section 27-49
Miss. Code Ann. § 49-27-49
Status: in_force

Appeals may be taken from the chancery court to the Supreme Court in the manner as now required by law, except that if a supersedeas is desired by the party appealing from the chancery court, he may apply therefor to the chancellor thereof, who shall award a writ of supersedeas without additional bond if, in his judgment, material damage is not likely to result thereby, but otherwise he shall require such supersedeas bond as he deems proper which shall be liable to the state or applicant for such damage.
Miss. Code Ann. § 49-15-83 — MS Code / Title 49 / Chapter 9 / 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. § 49-15-315 — MS Code / Title 49 / Chapter 8 / Section 15-315
Miss. Code Ann. § 49-15-315
Status: in_force

(1) It is unlawful for any person, firm or corporation to engage in commercial harvesting of crabs, oysters, shrimp, bait shrimp or saltwater fish in the marine waters north of the CSX bridge in the three (3) coastal counties, except for the following:

(a) A person may take any euryhaline species of minnow; and

(b) A licensed commercial oyster fisherman may harvest oysters from reefs approved by the commission.

(2) The Gulf Coast Research Laboratory shall study all estuaries and bays deemed to be nurseries. The Gulf Coast Research Laboratory may recommend the establishment of nursery grounds in the estuaries and bays if necessary to protect the state's fishing resources.

(3) The department shall set the limits on all catches for noncommercial use.

(4) A person, firm or corporation found guilty of violating this section is guilty of a misdemeanor and shall be fined as provided in Section 49-15-100(2) , or imprisoned not more than three (3) months or both; and in addition, the commission shall seize and confiscate all commercial nets, trawls, traps, tongs and boats used for such purpose and dispose of it at public sale and shall deposit the proceeds to the credit of the Seafood Fund. 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.
Miss. Code Ann. § 49-15-11 — MS Code / Title 49 / Chapter 4 / Section 15-11
Miss. Code Ann. § 49-15-11
Status: in_force

(1) The Mississippi Department of Marine Resources is hereby established and full power is vested in the department to manage, control, supervise, enforce and direct any matters pertaining to saltwater aquatic life and marine resources under the jurisdiction of the commission.

(2) The Executive Director of the Department of Marine Resources shall have the authority to internally reorganize the Department of Marine Resources. For a period of six (6) months after April 16, 2014, the personnel actions of the executive director shall be exempt from State Personnel Board rules, regulations and procedures in order to give the executive director flexibility in making an orderly, effective and timely reorganization of the Department of Marine Resources.

(3) The department shall be composed of the following offices:

(a) Office of Coastal Resources Management;

(b) Office of Finance and Administration;

(c) Office of Marine Fisheries;

(d) Office of Marine Patrol; and

(e) Office of Coastal Restoration and Resiliency.

Each office shall be composed of the administrative units as set forth in the reorganization plan developed by the executive director.

(4) The following agency personnel shall be appointed by the executive director:

(a) Chief Financial Officer who shall have a minimum of a master's degree in business administration, accounting or related field and a minimum of five (5) years' experience in business management or accounting practice or who shall be a Certified Public Accountant.

(b) Chief of Marine Patrol who shall be a certified law enforcement officer with a minimum of ten (10) years of law enforcement experience.

(c) Chief Scientific Officer who shall have a minimum of a master's degree in coastal sciences or related field with a minimum of five (5) years of experience in coastal resource management or equivalent experience.

(5) The executive director shall have an annual audit of the department, including the accounts established in Section 49-15-17 , performed by an independent certified public accountant and shall file the audit report with the commission, the Chairman of the Senate Ports and Marine Resources Committee, the Chairman of the House Marine Resources Committee, the State Auditor and the Legislative Budget Office.

(6) Whenever the terms “ Mississippi Marine Conservation Commission ,” “ Marine Conservation Commission ,” “ Bureau of Marine Resources ” and “ Mississippi Marine Resources Council ” appear in any state law, they shall mean the Mississippi Advisory Commission on Marine Resources, which shall operate only as an advisory commission to the Department of Marine Resources.
Miss. Code Ann. § 49-19-9 — MS Code / Title 49 / Chapter 11 / Section 19-9
Miss. Code Ann. § 49-19-9
Status: in_force

(1) The State Forestry Commission is hereby authorized to extend fire protection services to the Choctaw Indian lands located in Attala, Kemper, Leake, Neshoba, Newton, Jones and Scott Counties, Mississippi.

(2) The State Forestry Commission is authorized to accept from the Choctaw Agency adequate compensation for fire detection and suppression, which sum may be used by the forestry commission in its fire protection work.
Miss. Code Ann. § 49-15-304 — MS Code / Title 49 / Chapter 5 / Section 15-304
Miss. Code Ann. § 49-15-304
Status: in_force

The department, with the advice of the advisory commission, may adopt, modify or repeal rules or regulations to utilize, manage, conserve, preserve and protect the flora, fauna, tidelands, coastal wetlands, coastal preserves, marine waters and any other matter pertaining to marine resources under its jurisdiction. Rules and regulations adopted by the department shall be consistent with the public policy expressed in Section 29-15-3 (public trust tidelands), Section 39-7-3 (antiquities and historic preservation), Section 49-15-1 (seafood), Section 49-17-3 (pollution control), Section 49-27-3 (coastal wetlands protection) and Section 57-15-6 (coastal zone management). The department may make exceptions to and grant variances from any rules and regulations adopted by the department. The department shall give due consideration to permissable 1 uses of the natural resources within its jurisdiction when promulgating rules and regulations.
Miss. Code Ann. § 49-17-601 — MS Code / Title 49 / Chapter 4 / Section 17-601
Miss. Code Ann. § 49-17-601
Status: in_force

It is the intent of the Legislature to make unlawful the generation of wastes occurring in the illegal manufacture or attempted illegal manufacture of controlled substances through the mixing, combining, processing or cooking of listed precursor chemicals.
Miss. Code Ann. § 49-27-65 — MS Code / Title 49 / Chapter 7 / 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. § 49-23-3 — MS Code / Title 49 / Chapter 11 / Section 23-3
Miss. Code Ann. § 49-23-3
Status: in_force

As used in Sections 49-23-1 through 49-23-29 :

(a) “An unzoned commercial or industrial area” is an area determined by actual land uses which is commercial, industrial, marketing or mercantile, along a state controlled route and extending outward along one (1) side of such highway not more than eight hundred (800) feet from the edge of such activity.

(b) “ Areas which are zoned industrial or commercial ” means an area along a state controlled route that has been zoned or rezoned as industrial or commercial under the authority of any law of this state, which shall include, without limiting the generality of the foregoing, zoning districts customarily referred to as “B” or business, “C” or commercial, “I” or industrial, “M” or manufacturing and “S” or service and all similar classifications.

(c) “ Commission ” means the Mississippi Transportation Commission.

(d) “ Department ” means the Mississippi Department of Transportation.

(e) “ Erect ” means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish an advertising message.

(f) “ Great River Road ” means that portion of highway located within this state as officially designated by the Federal Highway Administration pursuant to the provisions of Title 23, United States Code, “Highways.”

(g) “ Information center ” means an area or site established and maintained at safety rest areas for the purpose of informing the public of places of interest within the state and providing such other information as the commission may consider desirable.

(h) “ Interstate system ” means that portion of the national system of interstate and defense highways located within this state, as officially designated, or as may hereafter be so designated, by the commission, and approved pursuant to the provisions of Title 23, United States Code, “Highways.”

(i) “ Maintenance ” means repair, replacement, change, renovation or improvement of any outdoor advertising sign as defined herein. Maintenance shall not include the removal or destruction of any outdoor advertising sign.

(j) “ National highway system ” means that portion of the national system of interstate and defense highways located within this state, as officially designated, or as may hereafter be so designated by the commission, and approved pursuant to the provisions of Title 23, United States Code, “Highways.”

(k) “ Outdoor advertising ” or “ outdoor advertising sign ” means by outdoor signs, display, light, device, figure, painting, drawing, message, plaque, poster, billboard, or other thing which is designated, intended or used to advertise or inform, any part of which is visible from any place on the main-traveled way of a state controlled route.

(l) “ Primary system ” means that portion of connected main highways, as officially designated by the commission, and approved pursuant to the provisions of Title 23, United States Code, “Highways.”

(m) “ Safety rest area ” means an area or site established and maintained within or adjacent to the right-of-way or under public supervision or control, for the convenience of the traveling public.

(n) “ Scenic byway ” means a highway that is designated as a scenic byway under Section 65-41-1 et seq. without regard to qualification as a Federal Scenic Byway, meaning that both “state” scenic byway as well as “federal” scenic byway shall be included under the general category of “scenic byway.”

(o) “ State controlled routes ” means the Interstate System, the Federal Primary System, the National Highway System, the Great River Road and any scenic byways as defined herein along with any additions or deletions thereto as the Federal Highway Administration shall determine by federal statutes or regulations.
Miss. Code Ann. § 49-23-13 — MS Code / Title 49 / Chapter 5 / 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. § 49-19-307 — MS Code / Title 49 / Chapter 5 / Section 19-307
Miss. Code Ann. § 49-19-307
Status: in_force

(1) No property owner or his agent, conducting a prescribed burn pursuant to the requirements of this section, shall be liable for damage or injury caused by fire or resulting smoke unless negligence is proven.

(2) Prescribed burning conducted under the provisions of this section shall:

(a) Be accomplished only when at least one (1) certified prescribed burn manager is supervising the burn or burns that are being conducted;

(b) Require that a written prescription be prepared and notarized prior to prescribed burning;

(c) Require that a burning permit be obtained from the Mississippi Forestry Commission; and

(d) Be considered in the public interest and shall not constitute a public or private nuisance when conducted pursuant to state air pollution statutes and rules applicable to prescribed burning.

(3) The Mississippi Forestry Commission shall have the authority to promulgate rules for the certification of prescribed burn managers and guidelines for a prescribed burn prescription.

(4) Nothing in this section shall be construed to limit the civil or criminal liability as provided in Section 97-17-13 and Section 95-5-25, Mississippi Code of 1972 .
Miss. Code Ann. § 49-17-423 — MS Code / Title 49 / Chapter 15 / 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. § 49-15-201 — MS Code / Title 49 / Chapter 3 / Section 15-201
Miss. Code Ann. § 49-15-201
Status: in_force

(1) Except as otherwise provided in Section 49-15-207 , when any property is seized pursuant to Section 49-15-21 or 59-21-33, Mississippi Code of 1972 , proceedings under this section shall be instituted promptly. The seizing law enforcement agency may, in the sound exercise of discretion, decide not to bring a forfeiture action if the interests of bona fide lien holders or secured creditors equal or exceed the value of the seized property, or if other factors would produce a negative economic result. No property shall be subject to forfeiture which has been stolen from its owner if the owner can be identified and prosecution for the theft has been initiated.

(2) A petition for forfeiture shall be filed promptly in the name of the State of Mississippi, the county or the municipality and may be filed in the county in which the seizure is made, the county in which the criminal prosecution is brought or the county in which the owner of the seized property is found. Forfeiture proceedings may be brought in the circuit court or the county court if a county court exists in the county and the value of the seized property is within the jurisdictional limits of the county court as set forth in Section 9-9-21, Mississippi Code of 1972 . A copy of such petition shall be served upon the following persons by service of process in the same manner as in civil cases:

(a) The owner of the property, if address is known;

(b) Any secured party who has registered his lien or filed a financing statement as provided by law, if the identity of such secured party can be ascertained by the Department of Marine Resources or the local law enforcement agency by making a good faith effort to ascertain the identity of such secured party as described in subsections (3), (4), (5), (6) and (7) of this section;

(c) Any other bona fide lien holder or secured party or other person holding an interest in the property in the nature of a security interest of whom the Department of Marine Resources or the local law enforcement agency has actual knowledge; and

(d) Any person in possession of property subject to forfeiture at the time that it was seized.

(3) If the property is a motor vehicle susceptible of titling under the Mississippi Motor Vehicle Title Law and if there is any reasonable cause to believe that the vehicle has been titled, the Department of Marine Resources or the local law enforcement agency shall make inquiry of the State Tax Commission as to what the records of the State Tax Commission show as to who is the record owner of the vehicle and who, if anyone, holds any lien or security interest which affects the vehicle.

(4) If the property is a motor vehicle and is not titled in the State of Mississippi, then the Department of Marine Resources or the local law enforcement agency shall attempt to ascertain the name and address of the person in whose name the vehicle is licensed, and if the vehicle is licensed in a state which has in effect a certificate of title law, the Department of Marine Resources or the local law enforcement agency shall make inquiry of the appropriate agency of that state as to what the records of the agency show as to who is the record owner of the vehicle and who, if anyone, holds any lien, security interest or other instrument in the nature of a security device which affects the vehicle.

(5) If the property is of a nature that a financing statement is required by the laws of this state to be filed to perfect a security interest affecting the property and if there is any reasonable cause to believe that a financing statement covering the security interest has been filed under the laws of this state, the Department of Marine Resources or the local law enforcement agency shall make inquiry of the appropriate office designated in Section 75-9-501, Mississippi Code of 1972 , as to what the records show as to who is the record owner of the property and who, if anyone, has filed a financing statement affecting the property.

(6) If the property is an aircraft or part thereof and if there is any reasonable cause to believe that an instrument in the nature of a security device affects the property, then the Department of Marine Resources or the local law enforcement agency shall make inquiry as to what the records of the Federal Aviation Administration show as to who is the record owner of the property and who, if anyone, holds an instrument in the nature of a security device which affects the property.

(7) In the case of all other personal property subject to forfeiture, if there is any reasonable cause to believe that an instrument in the nature of a security device affects the property, then the Department of Marine Resources or the local law enforcement agency shall make a good faith inquiry to identify the holder of any such instrument.

(8) If the answer to an inquiry states that the record owner of the property is any person other than the person who was in possession of it when it was seized, or states that any person holds any lien, encumbrance, security interest, other interest in the nature of a security interest, mortgage or deed of trust which affects the property, the Department of Marine Resources or the local law enforcement agency shall cause any record owner and also any lien holder, secured party, other person who holds an interest in the property in the nature of a security interest which affects the property to be named in the petition of forfeiture and to be served with process in the same manner as in civil cases.

(9) If the owner of the property cannot be found and served with a copy of the petition of forfeiture, or if no person was in possession of the property subject to forfeiture at the time that it was seized and the owner of the property is unknown, the Department of Marine Resources or the local law enforcement agency shall file with the clerk of the court in which the proceeding is pending an affidavit to such effect, whereupon the clerk of the court shall publish notice of the hearing addressed to “the Unknown Owner of __________,” filling in the blank space with a reasonably detailed description of the property subject to forfeiture. Service by publication shall contain the other requisites prescribed in Section 11-33-41, Mississippi Code of 1972 , and shall be served as provided in Section 11-33-37, Mississippi Code of 1972 , for publication of notice for attachments at law.

(10) No proceedings instituted pursuant to the provisions of this section shall proceed to hearing unless the judge conducting the hearing is satisfied that this section has been complied with. Any answer received from an inquiry required by subsections (3) through (7) of this section shall be introduced into evidence at the hearing.
Miss. Code Ann. § 49-17-735 — MS Code / Title 49 / Chapter 10 / Section 17-735
Miss. Code Ann. § 49-17-735
Status: in_force

(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 “Hancock County Utility Authority.” The authority is composed of the geographic area of Hancock County as defined in Section 19-1-59, 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 Hancock County.

(2) Within thirty (30) days of April 18, 2006, the Hancock County Utility Authority and the Southern Regional Wastewater Management District shall consolidate into a single agency, to be known as the Hancock County Utility Authority, which shall be a continuance of the corporate existence of the Southern Regional Wastewater Management District. Such consolidation shall be effective by the concurrent resolution of the Southern Regional Wastewater Management District and the Hancock County Utility Authority and the filing of a copy of such concurrent resolution with the Secretary of State, certified by the Secretary of the Southern Regional Wastewater Management District and the Hancock County Utility Authority.

(3) Upon consolidation, the following shall apply:

(a) All property, rights and powers of the Southern Regional Wastewater Management District are hereby vested in and shall be exercised by the Hancock County Utility Authority, subject, however to all pledges, covenants, agreements and trusts made or created by the Southern Regional Wastewater Management District;

(b) All debts, liabilities, obligations, agreements, contracts and covenants of the Southern Regional Wastewater Management District are hereby imposed upon the Hancock County Utility Authority. Any property of the Southern Regional Wastewater Management District in which a mortgage or security interest has been granted to any bondholders or other creditors of the Southern Regional Wastewater Management District shall continue to be subject to the mortgage or security interest until the mortgage or security interest is defeased or terminated in accordance with its terms. All bondholders and other creditors of the Southern Regional Wastewater Management District and persons having claims against or contracts with the Southern Regional Wastewater Management District of any kind or character may enforce those debts, claims and contracts against the authority in the same manner as they might have against the Southern Regional Wastewater Management District, and the rights and remedies of those bondholders, creditors, and persons having claims or contracts shall not be limited or restricted in any manner by this act;

(c) All regulations of the Southern Regional Wastewater Management District shall continue to be in effect as the regulations of the Hancock County Utility Authority until amended, supplemented or rescinded by the Hancock County Utility Authority in accordance with law; and

(d) All employees of the Southern Regional Wastewater Management District shall become employees of the authority. Nothing in this act shall affect the civil service status, if any, of those employees or their rights, privileges, obligations or status with respect to any pension or retirement system.
Miss. Code Ann. § 49-15-49 — MS Code / Title 49 / Chapter 8 / 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. § 49-31-17 — MS Code / Title 49 / Chapter 9 / Section 31-17
Miss. Code Ann. § 49-31-17
Status: in_force

The Mississippi Department of Environmental Quality and the Mississippi Development Authority shall assist and actively promote the recycling industry in the state. Assistance and promotion of the recycling industry shall include, but is not limited to:

(a) Identification and analysis, in cooperation with the Department of Environmental Quality, of components of the state's recycling industry and present and potential markets for recyclable materials in the state or other states;

(b) Provision of information on the availability and benefits of using recycled materials to business, industry, academic institutions and governmental entities within the state;

(c) Distribution of any material prepared in implementing this section to business, industry, academic institutions, governmental entities and the general public upon request; and

(d) Active promotion of the present markets and development of the potential markets of recyclable materials through the resources of the Mississippi Department of Environmental Quality and the Mississippi Development Authority.
Miss. Code Ann. § 49-4-1 — MS Code / Title 49 / Chapter 3 / Section 4-1
Miss. Code Ann. § 49-4-1
Status: in_force

It is hereby declared to be the intent of the Legislature to conserve, manage, develop and protect our natural resources and wildlife for the benefit of this and succeeding generations by reorganizing the natural resource and wildlife conservation functions of state government into the Mississippi Department of Environmental Quality and the Mississippi Department of Wildlife, Fisheries and Parks thereby providing more effective organizations through which the methods of conserving, managing, developing and protecting our natural resources and wildlife can be analyzed, coordinated and implemented.
Miss. Code Ann. § 49-28-45 — MS Code / Title 49 / Chapter 18 / Section 28-45
Miss. Code Ann. § 49-28-45
Status: in_force

Any bonds issued under the provisions of this chapter may be submitted for validation under the provisions of Chapter 13, Title 31, Mississippi Code of 1972 .
Miss. Code Ann. § 49-3-15 — MS Code / Title 49 / Chapter 1 / Section 3-15
Miss. Code Ann. § 49-3-15
Status: in_force

The laboratory personnel may, at their discretion, and subject to the approval of the proper administrative authorities at Mississippi State University, do research on a contract or project basis for industries, governmental agencies, public or private organizations or corporations, or any others, at a price and on a basis to be determined by the aforesaid personnel. The proceeds derived from such research projects shall be deposited to a special fund in the treasury of the state of Mississippi to be known as the “fisheries and wildlife laboratory fund,” to be disbursed and used pursuant to appropriation approved by the Legislature as provided by law.
Miss. Code Ann. § 49-28-19 — MS Code / Title 49 / Chapter 18 / Section 28-19
Miss. Code Ann. § 49-28-19
Status: in_force

(1) Any district created under this chapter, acting by and through the board of commissioners of the district as its governing authority, shall have the following powers and duties:

(a) To sue and be sued;

(b) To adopt an official seal with which to attest the official acts and records of the board and district;

(c) To acquire by purchase, gift, devise and lease or any other mode of acquisition, other than by eminent domain, hold and dispose of real and personal property of every kind inside or outside the district;

(d) To make and enter into contracts, conveyances, mortgages, deeds of trust, bonds, leases or contracts for financial advisory services;

(e) To incur debts, to borrow money, to issue negotiable special improvement bonds, and to provide for the rights of the holders of those bonds;

(f) To fix, maintain, collect and revise charges and assessments for services rendered by or through the district;

(g) To pledge all or any part of the revenues of the district to the payment of its obligations;

(h) To make any covenants in connection with the issuance of bonds or to secure the payment of bonds that a private business corporation can make under the general laws of the state;

(i) To use any right-of-way, public right-of-way, easement, or other similar property or property rights held by the state or any political subdivision of the state necessary or convenient in connection with any project conducted by the district; however, the governing body of the political subdivision must first consent to the use;

(j) To enter into agreements with state and federal agencies for loans, grants, grants-in-aid, and other forms of assistance including, but not limited to, participation in the sale and purchase of bonds;

(k) To be deemed to have the same status as counties and municipalities with respect to payment of sales taxes on purchases made by the district;

(l) To do all acts necessary, proper or convenient in the exercise of the powers granted under this chapter;

(m) To contract with the United States of America, or any agency of the United States of America, the State of Mississippi, or any political subdivision of the State of Mississippi, or any agency, commission, authority, board or other entity thereof, or any municipality or municipalities, for any purpose under this chapter; and

(n) To contract with any person, partnership, corporation or other entity for the planning, design, construction, operation, maintenance or improvement of any project of the district, upon any terms, conditions and covenants as may be agreed upon by the contracting parties.

(2) Any district created under this chapter shall be vested with all the powers necessary and requisite for the accomplishment of the purpose for which the district is created. No enumeration of powers in this section shall be construed to impair or limit any general grant of power contained in this section nor to limit any grant to a power or powers of the same class or classes as those enumerated.
Miss. Code Ann. § 49-17-105 — MS Code / Title 49 / Chapter 17 / 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. § 49-7-8 — MS Code / Title 49 / Chapter 2 / Section 7-8
Miss. Code Ann. § 49-7-8
Status: in_force

(1) No nonresident sixteen (16) years of age or older may hunt, fish, kill, take or trap any game animal, bird or fish without having acquired and having in his immediate possession a valid license issued by the Mississippi Commission on Wildlife, Fisheries and Parks.

(2) The commission shall have the following duties and powers:

(a) To prescribe the forms and types of nonresident licenses that a nonresident must obtain;

(b) To determine the total number of each type of nonresident license to be issued annually;

(c) To establish fees for nonresident licenses and the collection fees for the agent issuing such licenses; provided, however, that the fee for a nonresident all game hunting license shall not be less than Sixty Dollars ($60.00);

(d) To exercise all incidental powers necessary to develop a nonresident licensing program.

(3) A nonresident who violates this section or any licensing regulation of the commission is guilty of a misdemeanor and shall be punished as provided in Section 49-7-21(3) .
Miss. Code Ann. § 49-17-44 — MS Code / Title 49 / Chapter 3 / Section 17-44
Miss. Code Ann. § 49-17-44
Status: in_force

(1) The permit board may require any applicant for a water pollution control permit for the discharge of effluent from any sewer system certificated or required to be certificated by the Public Service commission to provide a bond or other acceptable financial security instrument payable to the Commission on Environmental Quality and conditioned upon full and satisfactory performance of the requirements of the Mississippi Air and Water Pollution Control Law and any water pollution control permit issued under that law. Any bond shall be executed by the permittee and a corporate surety licensed to do business in the state. The commission shall establish by regulation the acceptable forms of financial security and the amount of financial security required for the various types and sizes of facilities. The purpose of the bond or other financial security shall be the protection of the public health, welfare and the environment.

(2) The commission may enter an order requiring forfeiture of the bond or other financial security, if the commission determines that:

(a) The continued operation or lack of operation and maintenance of the facility covered by this section represents an imminent threat to the public health, welfare and the environment because the permittee is unable or unwilling to adequately operate and maintain the facility or the facility has been actually or effectively abandoned by the permittee;

(b) Reasonable and practical efforts under the circumstances have been made to obtain corrective actions from the permittee; and

(c) It does not appear that corrective actions can or will be taken within an appropriate time as determined by the commission.

(3)(a) The proceeds of any forfeiture shall be deposited into a special fund created in subsection (5) of this section and shall be used by the commission or any receiver appointed by the Chancery Court of the First Judicial District of Hinds County to address or correct the noncompliance at the facility or to continue operation and maintenance of the facility. The proceeds shall be in addition to any other funds otherwise appropriated to the department and may be expended under the authority of this section without additional action of the Legislature.

(b) The commission shall file an annual report detailing the receipts and expenditure of the bond forfeiture fund with the Chairmen of the House and Senate Appropriation Committees.

(4) If the commission finds that a facility has been abandoned or that services of a facility have been terminated, the commission may enter any orders regarding continued operations of that facility as it deems necessary to protect the public health, welfare and the environment.

(5)(a) There is created in the State Treasury a fund to be designated as the “Water Pollution Control Bond Forfeiture Fund.” Monies in the fund shall be used by the commission or any receiver appointed by the court to address or correct the noncompliance at the facility or to continue operation and maintenance of the facility for which the bond or other financial security was forfeited.

(b) Expenditures may be made from the fund upon requisition by the executive director of the department.

(c) The fund shall be treated as a special trust fund. Interest earned on the principal shall be credited by the Treasurer to the fund.

(d) The fund may receive monies from any available public or private source, including, but not limited to, proceeds from bond or other financial security forfeitures, interest, and funds from other judicial actions.

(6) An appeal from any decision of the commission under this section may be taken as provided in Section 49-17-41, Mississippi Code of 1972 .

(7) This section shall be applicable to new applications for water pollution control permits and to existing water pollution control permits upon application for reissuance or transfer of a permit.
Miss. Code Ann. § 49-15-37 — MS Code / Title 49 / Chapter 13 / Section 15-37
Miss. Code Ann. § 49-15-37
Status: in_force

The department may employ boats, crews and laborers to cultivate the state-owned reefs of the state, and dredge the oysters in the Mississippi Sound from places where they are too thick, and spread them on reefs where they are too thin, and carry shells from the factories and spread them in places where the oyster beds can be improved and enlarged. The department may open state-owned reefs to the public for harvest. The department may purchase other materials as may be equally suitable for the propagation of oysters. The department in cultivating the reefs, transplanting and spreading oysters and shells and other suitable materials, may expend any funds available for that purpose, as provided by Section 49-15-17(1)(e) . In taking seed oysters, care shall be used to not injure or destroy the merchantable oysters on the reefs from which they are taken. The seed oysters shall be tonged from the “conner” or seed reefs, unless it is practicable and safe to dredge those oysters. The department may establish new bedding grounds at those places within the boundaries of the state as it may determine, on advice of the director, or on advice of technical governmental experts, or competent aquatic biologists. On existing state-owned reefs in which oysters exist and in waters not of a safe sanitary quality as determined by the department, the department shall prohibit any person, firm or corporation from taking oysters from those areas. The department shall from time to time remove the oysters from the areas and relay or replant them in an approved area for a period of time under Section 49-15-36 before they may be harvested. Any funds received from the sale of the oysters shall be used in a like manner as those funds received under Section 49-15-17(1)(e) .

The department may issue permits to persons to remove oysters by dredging or otherwise from water bottoms which are not of a safe sanitary quality for oysters for human consumption. These areas may be designated as seed grounds, and permits to persons shall be issued only for the purpose of transplanting oysters to privately leased Mississippi territorial waters. The department may permit the transplanting of these seed oysters by a duly authorized public agency.

The department may, upon determining the water bottom from which oysters are to be removed is not of a safe, sanitary quality for oyster production for human consumption and has been unsafe for a period of at least one (1) year immediately preceding certification, and upon complying with the following requirements, permit the dredging of oysters from restricted public areas and relaying the oysters to private leased grounds in the State of Mississippi:

(a) Permittee must hold valid lease of oyster bedding grounds in the State of Mississippi;

(b) Permittee must be bonded in compliance with the permit system established by the department;

(c) Permittee must fulfill all permit requirements as established by the department;

(d) Permittee shall not move oysters from one restricted area to another restricted area;

(e) Permittee shall move oysters only to an area leased by the department; and

(f) Permittee shall not move oysters from the restricted area without the presence of an employee of the department at all times, from the dredging of the oysters from the restricted areas to their deposit on private leased grounds or to an onshore, molluscan depuration facility.

Harvesting of oysters shall be permitted only during daylight hours and with the most efficient gear possible consistent with conservation requirements of not damaging the reefs. This shall include permission to use two (2) dredges per boat on restricted areas and on private leased grounds.

Any person obtaining a permit to remove oysters from seed grounds shall post a penal bond of One Hundred Dollars ($100.00) per leased acre with the department to be forfeited upon any violation of this section. The bond may be approved by the director of the department if the director finds the bond to be secured by sufficient property or sureties.

The department shall regulate the amount and time of taking of oysters from seed areas and shall supervise the removal, planting and harvesting of oysters from the areas. The time set for the taking of oysters from restricted seed areas for relaying or replanting and the time set for the taking of oysters from private leased grounds shall be separated by not less than a period of time determined under Section 49-15-36 during which neither activity may be allowed.
Miss. Code Ann. § 49-19-147 — MS Code / Title 49 / Chapter 2 / Section 19-147
Miss. Code Ann. § 49-19-147
Status: in_force

The compact administrator, with the assistance of the advisory committee, shall be authorized to do any and all things necessary in order to effectuate the terms and provisions of the compact contained herein, and Sections 49-19-141 through 49-19-149 shall be entitled to a liberal interpretation in order to carry out the spirit and intent of interstate cooperation in fire control for the mutual benefit of the states participating therein. Among the powers conferred upon the compact administrator, but not limiting his powers thereto, shall be that of formulating and, in accordance with need, from time to time, revising a regional forest fire plan for the member states. It shall be the duty of the compact administrator of Mississippi in cooperation with those compact administrators in the member states to formulate and put in effect a forest fire plan for Mississippi and take such measures as may be necessary to integrate such forest fire plan with the forest fire plan formulated by the compact administrators.
Miss. Code Ann. § 49-8-15 — MS Code / Title 49 / Chapter 1 / Section 8-15
Miss. Code Ann. § 49-8-15
Status: in_force

A violation of this chapter is a Class I violation and is punishable as provided in Section 49-7-141, Mississippi Code of 1972 .
Miss. Code Ann. § 49-7-58.4 — MS Code / Title 49 / Chapter 7 / Section 7-58.4
Miss. Code Ann. § 49-7-58.4
Status: in_force

(1) The Commission on Wildlife, Fisheries and Parks and the Department of Wildlife, Fisheries and Parks shall have plenary power to regulate all commercial and noncommercial wild animal enclosures in order to conserve and protect native wildlife for all citizens to enjoy and to protect our recreational economy dependent on native wildlife resources.

(2) The Commission on Wildlife, Fisheries and Parks shall regulate any facility that prevents the free ingress and egress of native or nonnative cervids as the same are defined by the commission. The commission may promulgate rules and regulations requiring the issuance of permits and the payment of a reasonable fee therefor. Regulations promulgated under this authority must have a majority vote of the commission to be adopted.
Miss. Code Ann. § 49-7-55 — MS Code / Title 49 / Chapter 4 / Section 7-55
Miss. Code Ann. § 49-7-55
Status: in_force

It shall be unlawful for any restaurant, hotel, club, or other public eating place to knowingly have in its possession, or to offer for sale to its patrons any game birds, game animals, or game fish enumerated in this chapter, whether taken within or coming from without the state, except that any such public eating place may prepare and serve game birds, game animals, or game fish to any persons who have legally killed or taken same.
Miss. Code Ann. § 49-15-46 — MS Code / Title 49 / Chapter 5 / Section 15-46
Miss. Code Ann. § 49-15-46
Status: in_force

(1) Each vessel used to catch, take, carry or transport oysters from the reefs of the State of Mississippi, or engaged in transporting any oysters in any of the waters within the territorial jurisdiction of the State of Mississippi, for commercial use, shall annually, before beginning operations, be licensed by the department and pay the following license fee:

(a) Fifty Dollars ($50.00) on each in-state vessel or boat used for tonging oysters or gathering oysters by hand;

(b) One Hundred Dollars ($100.00) on each in-state vessel or boat used for dredging oysters;

(c) One Hundred Dollars ($100.00) on each out-of-state vessel or boat used for tonging oysters or gathering oysters by hand, or the license fee charged by the out-of-state licensing entity to Mississippi vessels or boats for tonging or gathering oysters, whichever is greater; or

(d) Two Hundred Dollars ($200.00) on each out-of-state vessel or boat used for dredging oysters, or the license fee charged by the out-of-state licensing entity to Mississippi vessels or boats for dredging oysters, whichever is greater.

(2) Each molluscan shellfish aquaculture operation shall annually, before beginning operations, be licensed by the department and pay the following license fee:

(a) Fifty Dollars ($50.00) on each resident molluscan shellfish aquaculture operation; or

(b) One Hundred Dollars ($100.00) on each nonresident molluscan shellfish aquaculture operation.

(3) The department may authorize the transfer of a vessel license to a different vessel provided that the owner of both vessels is the same titled owner.

(4) All oysters harvested in the State of Mississippi shall be tagged. Tags may be issued by the department or printed by the catcher in compliance with procedures and regulations adopted by the department. Such tags shall bear the catcher's name, the date and origin of the catch, the shell stock dealer's name and permit number. The department shall number all tags issued and shall maintain a record of those tags. The department, in its discretion, may adopt any regulations regarding the tagging of oysters and other shellfish.

(5) Each person catching or taking oysters from the waters of the State of Mississippi for personal use shall obtain a permit from the department and pay an annual recreational oyster permit fee of Ten Dollars ($10.00). Oysters caught under a recreational permit shall not be offered for sale. The limits on the allowable catch of oysters for recreational purposes shall be three (3) sacks per week. The department shall issue tags of a distinguishing color to designate recreationally harvested oysters, which shall be tagged on the same day of harvest in the manner prescribed in subsection (4) of this section for commercially harvested oysters or by regulation of the department.

(6) The department shall assess and collect a shell retention fee for the shells taken from waters within the territorial jurisdiction of the State of Mississippi as follows:

(a) Commercial and recreational harvesters--Fifteen Cents (15¢) per sack paid to the department on the day of harvest;

(b) Initial oyster processor, dealer or factory first purchasing the oysters--Fifteen Cents (15¢) per sack paid to the department no later than the tenth day of the month following the purchase, on forms submitted by the department;

(c) Commercial harvesters transporting their catch out of the state--Fifty Cents (50¢) per sack paid to the department on the day of harvest, in addition to the fees paid in paragraph (a) of this subsection; and

(d) Commercial harvesters not selling their oysters to a Mississippi dealer--Fifteen Cents (15¢) per sack paid to the department on the day of harvest, in addition to fees paid in paragraph (a) of this subsection.

Funds received from the shell retention fee shall be paid into the Oyster Production Preserve Account within the Seafood Fund pursuant to Section 49-15-17(1)(e) for use by the department to further oyster production in this state, which includes plantings of oysters and/or cultch materials.

(7) During open seasons, oysters may be taken only by hands, tongs and dredges.

(8) Vessels licensed under Section 49-15-46 may keep in whole, for personal consumption up to thirty-six (36) blue crabs (portunidae family), per day. This exemption for personal consumption does not apply to fish or crabs that are otherwise illegal to possess or catch.
Miss. Code Ann. § 49-26-3 — MS Code / Title 49 / Chapter 6 / Section 26-3
Miss. Code Ann. § 49-26-3
Status: in_force

The Legislature finds that channel maintenance is necessary to preserve and enhance the economic stability and recreational potential of the coastal region. The Legislature declares it to be a governmental responsibility to provide for proper channel maintenance. The Legislature further declares that channel maintenance projects are in the public interest. Those projects should be funded to promote the use of cost-efficient strategies, encourage coordination among federal, state and local governments and the private sector, provide for long-term solutions and minimize the impact of the environment to the extent possible.
Miss. Code Ann. § 49-15-93 — MS Code / Title 49 / Chapter 6 / Section 15-93
Miss. Code Ann. § 49-15-93
Status: in_force

Any person violating any provision of Sections 49-15-83 through 49-15-91 shall be guilty of a misdemeanor and upon conviction shall be punished as provided by Section 49-15-63, Mississippi Code of 1972 .
Miss. Code Ann. § 49-27-67 — MS Code / Title 49 / Chapter 18 / Section 27-67
Miss. Code Ann. § 49-27-67
Status: in_force

Any coastal wetlands now assessed for ad valorem taxes against the abutting landowner shall be excluded from the assessment of the said landowner's property upon proper application being made as otherwise provided by law.
Miss. Code Ann. § 49-28-33 — MS Code / Title 49 / Chapter 10 / Section 28-33
Miss. Code Ann. § 49-28-33
Status: in_force

All special assessments levied under this chapter shall be payable in equal annual installments over a period not to exceed twenty-five (25) years, as determined by the board of commissioners, with interest from the date of the confirmation of the assessment at a rate, to be fixed by the board of commissioners, which will produce sufficient funds for the payment of all or a specified portion of the principal of and interest on the bonds as they mature and accrue and for fees and expenses for a paying agent or trustee, or both for the bonds. The amount to be paid through the special assessments may be limited by the board of commissioners to the amounts needed for the purposes specified in this section. Any property owner who shall not have taken an appeal from the assessment, upon failure to pay the assessment in full within thirty (30) days from the date of confirmation, shall be deemed to have elected to pay the assessment in installments as provided in this section, and shall be deemed to have admitted the legality of the assessment, and the right to contest the validity of the assessment shall be waived. The installments of the assessment shall be due and payable at the same time that the annual real property tax becomes due and payable, commencing with the first county tax levy which is payable after the expiration of thirty (30) days from the date of confirmation of the assessment.
Miss. Code Ann. § 49-27-59 — MS Code / Title 49 / Chapter 10 / Section 27-59
Miss. Code Ann. § 49-27-59
Status: in_force

The commission shall adopt, promulgate and publish rules and regulations for the implementation of this chapter. Before becoming effective, such rules and regulations, and any changes, must be published once a week for at least three (3) consecutive weeks in a newspaper having general circulation throughout the State of Mississippi. Such rules and regulations shall provide procedure whereby an individual or organization may receive at their own expense copies of the applications provided for in Section 49-27-13 of this chapter.
Miss. Code Ann. § 49-2-29 — MS Code / Title 49 / Chapter 1 / Section 2-29
Miss. Code Ann. § 49-2-29
Status: in_force

(1) The Department of Environmental Quality shall develop a strategic plan for its operations. The strategic plan shall cover a five-year period. The plan shall include, at a minimum, the following:

(a) A clearly defined comprehensive statement of the mission, goals and objectives of the agency;

(b) Performance effectiveness objectives (measurable indicators of output and outcome) for each program in the department;

(c) A description of the department's internal management system used to evaluate its performance in relation to projected levels;

(d) Detailed plans and strategies for meeting current and future needs and achieving goals and objectives established for the department;

(e) A description of significant external factors which may affect any projected levels of performance, including an identification of priority and other service populations, or other service measures, under current law and how those populations are expected to change within the period of the plan;

(f) A detailed analysis of the use of current agency resources in meeting current needs and expected future needs, and additional resources that may be necessary to meet future needs;

(g) An analysis and estimate of the economic impact on the regulated community of regulations adopted by the Commission on Environmental Quality; and

(h) An analysis of any likely or expected changes in the services provided by the department due to changes in state or federal law.

(2) The department shall revise the plan biennially.

(3) Upon completion of the initial plan and each revision, the department shall provide copies to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Chairman of the Senate Environmental Protection, Conservation and Water Resources Committee, the Chairman of the House Conservation and Water Resources Committee, the Legislative Budget Office, the Performance Evaluation and Expenditure Review Committee, the Executive Director of the Department of Finance and Administration and the Legislative Reference Bureau.

(4) Except as otherwise provided in this subsection, the department shall develop the strategic plan before July 1, 1995. However, if the comparative risk assessment required under Section 49-2-31 is initiated before September 1, 1994, the department shall develop the strategic plan before July 1, 1996.
Miss. Code Ann. § 49-17-67 — MS Code / Title 49 / Chapter 3 / 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. § 49-33-13 — MS Code / Title 49 / Chapter 26 / Section 33-13
Miss. Code Ann. § 49-33-13
Status: in_force

This chapter shall not affect any right or remedy granted an owner under the United States or Mississippi Constitutions or the laws of the United States and the State of Mississippi. Nothing in this chapter shall be construed to preclude an owner from bringing a legal challenge and seeking remedies at law or equity arising out of any action of the State of Mississippi regardless of whether the action constituted a taking, an inverse condemnation, or resulted in a diminution in value of forty percent (40%) or less.
Miss. Code Ann. § 49-31-25 — MS Code / Title 49 / Chapter 28 / Section 31-25
Miss. Code Ann. § 49-31-25
Status: in_force

(1) There is imposed upon each large quantity generator and each small quantity generator that is regulated under the Mississippi hazardous waste management regulations and each facility operator, a pollution prevention fee. The fee upon each large quantity generator and each small quantity generator shall be measured by the quantity of hazardous waste which that generator generates annually. The fee upon each facility operator shall be measured by the quantity of chemicals which each facility releases annually and reports pursuant to Section 313 of EPCRA. For a fee payer that is both a large quantity hazardous waste generator and a facility operator, the fee shall be measured by adding the quantity of fugitive and stack air emissions reported under Section 313 of EPCRA plus the quantity of hazardous waste generated annually. For a fee payer that is both a small quantity hazardous waste generator and a facility operator, the fee shall be measured by the quantity of chemicals released as reported pursuant to Section 313 of EPCRA. The fee shall be assessed in an amount according to the following schedule:

TONS GENERATED/RELEASED

ANNUAL FEE

0.01

to

9.99

$ 250.00

10.00

to

99.99

$ 500.00

100.00

to

999.99

$ 1,500.00

1,000.00

to

9,999.99

$ 2,500.00

10,000.00

to

49,999.99

$ 10,000.00

50,000.00

and above

$ 50,000.00

The fee shall be due and payable to the department not later than September 1 of each year, or not later than a date specified by the department in the invoice which shall be no less than thirty (30) days following receipt of an invoice from the department, whichever is later. The fee shall be based on the quantity of hazardous waste generated and/or chemicals released during the preceding calendar year. The department shall annually prepare an invoice for the amount of the pollution prevention fee due from each generator or facility operator and furnish it to each generator or facility operator. The proceeds of the fee shall be deposited into the Environmental Protection Trust Fund created in Section 17-17-217 .

(2) From and after July 1, 1995, the department shall exclude from the calculation of the pollution prevention fee any hazardous waste recycled on-site or shipped off-site for recycling as reported on the Mississippi Annual Hazardous Waste Report or its equivalent and any chemicals recycled on-site or shipped off-site for recycling as reported under Section 313 of EPCRA. The hazardous waste generator or the facility operator shall submit any information the department deems necessary to substantiate that the hazardous waste or chemicals were recycled.

(3) At the discretion of the commission, a generator or facility operator shall be liable for a penalty not to exceed three (3) times the amount of the fee due and payable for failure to pay the fee on or before the due date, plus the amount necessary to reimburse the cost of collection.

(4) From and after July 1, 1995, the department shall exclude from any calculation of pollution prevention fee any hazardous waste or chemical for which a Title V permit fee is assessed to the same generator or facility operator.
Miss. Code Ann. § 49-17-747 — MS Code / Title 49 / Chapter 15 / Section 17-747
Miss. Code Ann. § 49-17-747
Status: in_force

(1) Any public agency or person, pursuant to a duly adopted resolution of the governing body of such public agency or person, may enter into contracts with the county authority or county authorities under the terms of which the county authority will manage, operate and contract for usage of its systems and facilities, or other services, for such person or public agency.

(2) Any public agency or person may enter into contracts with the county authority for the county authority to purchase or sell, by installments over such terms as may be deemed desirable, or otherwise, to any person or any systems. Any public agency may sell, donate, convey, or otherwise dispose of water, wastewater and storm water facilities or systems; or any equipment, personal property or any other things, deemed necessary for the construction, operation, and maintenance to the county authority without the necessity of appraisal, advertising, or bidding. This section creates an alternative method of disposal of public property.

(3) Any public agency is authorized to enter into operating agreements with the county authority, for such terms and upon such conditions as may be deemed desirable, for the operation of any of its systems of any person by the county authority or by any person contracting with the county authority to operate such systems.

(4) Any public agency may lease to or from the county authority, for such term and upon such conditions as may be deemed desirable, any of its systems.

(5) Any municipality or county may donate office space, equipment, supplies, and materials to the authority.

(6) Any such contract may contain provisions requiring any public agency or other person to regulate the quality and strength of the material to be handled by the wastewater or storm water systems and may also provide that the county authority shall have the right to use any streets, alleys and public ways and places within the jurisdiction of a public agency or other person during the term of the contract. Such contracts may obligate the public agency to make payments to the county authority or to a trustee in amounts which shall be sufficient to enable the county authority to defray the expenses of administering, operating and maintaining its respective systems, to pay interest and principal (whether at maturity upon redemption or otherwise) on bonds of the county authority, issued under this act and to fund reserves for debt service, for operation and maintenance and for renewals and replacements, to fulfill the requirements of any rate covenant with respect to debt service coverage contained in any resolution, trust indenture or other security agreement relating to the bonds of the county authority issued under this act or to fulfill any other requirement relating to bonds issued pursuant to this act.

(7) Any public agency shall have the power to enter into such contracts with the county authority as in the discretion of the governing body of the public agency would be in the best interest of the public agency. Such contracts may include a pledge of the full faith and credit of such public agency and/or the avails of any special assessments made by such public agency against property receiving benefits, as now or hereafter are provided by law. Any such contract may provide for the sale, or lease to, or use of by the county authority, of the systems or any part thereof, of the public agency; and may provide that the county authority shall operate its systems or any part thereof of the public agency; and may provide that any public agency shall have the right to continued use and/or priority use of the systems or any part thereof during the useful life thereof upon payment of reasonable charges therefor; and may contain provisions to assure equitable treatment of persons or public agencies who contract with the county authority under this act; and may contain such other provisions and requirements as the parties thereto may determine to be appropriate or necessary. Such contracts may extend over any period of time, notwithstanding any provisions of law to the contrary, and may extend beyond the life of the respective systems or any part thereof or the term of the bonds sold with respect to such facilities or improvements thereto.

(8) The obligations of a public agency arising under the terms of any contract referred to in this act, whether or not payable solely from a pledge of revenues, shall not be included within the indebtedness limitations of the public agency for purposes of any constitutional or statutory limitation or provision. To the extent provided in such contract and to the extent such obligations of the public agency are payable wholly or in part from the revenues and other monies derived by the public agency from the operation of its systems or of its combined systems, or any part thereof, such obligations shall be treated as expenses of operating such systems.

(9) Contracts referred to in this section may also provide for payments in the form of contributions to defray the cost of any purpose set forth in the contracts and as advances for the respective systems or any part thereof subject to repayment by the county authority. A public agency may make such contributions or advances from its general fund or surplus fund or from special assessments or from any monies legally available therefor.

(10) Payments made, or to be made, to the county authority by a public agency or other person under a contract for any of its treatment systems, or any part thereof, shall not be subject to approval or review by the Mississippi Public Service Commission.

(11) Subject to the terms of a contract or contracts referred to in this act, the county authority is hereby authorized to do and perform any and all acts or things necessary, convenient or desirable to carry out the purposes of such contracts, including the fixing, charging, collecting, maintaining and revising of rates, fees and other charges for the services rendered to any user of any of the systems operated or maintained by the county authority, whether or not such systems are owned by the county authority.

(12) No provision of this act shall be construed to prohibit any public agency, otherwise permitted by law to issue bonds, from issuing bonds in the manner provided by law for the construction, renovation, repair or development of any of the county authority's systems, or any part thereof, owned or operated by such public agency.
Miss. Code Ann. § 49-15-303 — MS Code / Title 49 / Chapter 2 / Section 15-303
Miss. Code Ann. § 49-15-303
Status: in_force

The advisory commission shall have the following powers and duties:

(a) To advise the department regarding marine resources within the jurisdiction of the department;

(b) To advise the executive director on whether to execute contracts, grants and cooperative agreements with any public or private institution, federal or state agency or any subdivision thereof to carry out the duties of the commission; and

(c) To advise the department on whether to adopt, amend or repeal any rules and regulations necessary for the operation of the department necessary for the protection, conservation and propagation of seafood, and necessary for the management of commercial and recreational taking of seafood.
Miss. Code Ann. § 49-23-19 — MS Code / Title 49 / Chapter 23 / 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. § 49-7-39 — MS Code / Title 49 / Chapter 1 / Section 7-39
Miss. Code Ann. § 49-7-39
Status: in_force

(1) The commission shall establish a special hunting season for youth under the age of sixteen (16) and for handicapped persons in the Natchez State Park. The commission shall also establish a primitive weapon season in the Natchez State Park. The selection of participants in the primitive weapon season shall be by public drawing from all qualified applications. The commission shall set the number of permits to be issued and the length of the special seasons.

(2) The commission may also establish a special hunting season for youth and handicapped persons or a primitive weapon season as provided in this section in any other state park under the jurisdiction of the department but shall only do so upon the recommendation of the staff of the department as approved by the commission. The commission shall select participants and set the number of permits to be issued and the length of the special seasons.

(3) 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.

(4) The commission shall establish and regulate a special hunting season for youth under the age of sixteen (16) to run concurrently with the primitive weapons season on deer.
Miss. Code Ann. § 49-17-516 — MS Code / Title 49 / Chapter 11 / Section 17-516
Miss. Code Ann. § 49-17-516
Status: in_force

(1) After July 1, 2009, it is unlawful for an individual who does not possess a valid lead-based paint renovator certificate to direct a lead-based paint renovation activity and/or conduct testing to determine the presence of lead-based paint on components affected by renovation activities.

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

(a) Have a high school diploma or its equivalent and one (1) year of experience as a lead-based paint abatement or renovation worker or two (2) years of experience in a related field, as determined by the commission or in the building trades;

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

(c) Have successfully completed an accredited abatement worker or supervisor course, or have successfully completed an EPA, HUD or EPA/HUD model renovation training course and have taken an accredited refresher renovator training 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. § 49-7-29 — MS Code / Title 49 / Chapter 6 / Section 7-29
Miss. Code Ann. § 49-7-29
Status: in_force

(1) This section shall be known as the “Mississippi Wholesale Minnow Dealers Law.”

(2) Definitions. For the purposes of this section, the following definitions shall apply:

(a) The term “ wholesale minnow dealer ” means any person selling minnows to a person for resale.

(b) The term “ person ” means any person, firm or corporation.

(c) The term “ minnow ” shall only mean golden shiner (Notemigonus crysoleucas), fathead minnow (Pimephales promelas), goldfish (Carassius auratus), common carp or Israeli carp (Cyprinus carpio), emerald shiner (Notropis atherinoides), western mosquitofish (Gambusia affinis), eastern mosquitofish (Gambusia holbrooki) and gulf killfish (Fundulus grandis).

(3) The department shall license wholesale minnow dealers, as required under this section. However, bona fide residents of Mississippi growing minnows on their own property within the State of Mississippi shall be exempt from these license requirements.

(4) It is unlawful for any person except those exempted by subsection (3) to sell minnows at wholesale within the State of Mississippi without a commercial fishing license.

(5) A resident wholesale minnow dealer shall certify that he is a resident of the state and shall apply to the department for a commercial fishing license.

(6) A nonresident wholesale minnow dealer shall apply to the department for a nonresident commercial fishing license. This nonresident license fee shall be set by the department.

(7) Each sale of minnows in violation of this section shall be punishable as a Class I violation as provided in Section 49-7-141 .

(8) A copy of the commercial fishing license shall be carried at all times in each vehicle which transports minnows into or within the State of Mississippi. Each violation of this subsection shall be punishable as a Class I violation as provided in Section 49-7-141 . However, no person charged with violating this subsection shall be convicted if he produces in court, or files with the clerk of the court before the date of appearance, proof that he held a valid commercial fishing license at the time that he was charged with a violation.
Miss. Code Ann. § 49-17-705 — MS Code / Title 49 / Chapter 13 / Section 17-705
Miss. Code Ann. § 49-17-705
Status: in_force

Words and phrases used in this act shall have meanings as follows:

(a) “ Act ” means the Mississippi Gulf Coast Region Utility Act.

(b) “ Bonds ” mean interim notes having a maturity of three (3) years or less, revenue bonds and other certificates of indebtedness of the authority issued under the provisions of this act.

(c) “ County authority ” means a county utility authority created in the Gulf Coast Region under this act.

(d) “ Fiscal year ” means the period of time beginning on October 1 of each year and ending on September 30 of each year.

(e) “ Gulf Coast Region ” means the areas encompassed by the Counties of George, Hancock, Harrison, Jackson, Pearl River and Stone.

(f) “ Municipality ” means any incorporated city, town or village of the State of Mississippi, whether operating under general law or under special charter, lying wholly or partly within the Gulf Coast Region.

(g) “ Person ” means the State of Mississippi, a county, a municipality, any public agency, or any other city, town, village or political subdivision or governmental agency, governmental instrumentality of the State of Mississippi or of the United States of America, or any private utility, individual, co-partnership, association, firm, trust, estate or any other entity whatsoever.

(h) “ Project ” means the construction, development or acquisition by the county authority or county authorities of any infrastructure for water, wastewater and storm water systems or services and includes upgrading or repair of existing systems.

(i) “ Public agency ” means any county, municipality, state board or commission owning or operating properties, district created pursuant to the general laws or local and private laws of the State of Mississippi, or other political subdivision of the State of Mississippi having the power to own and operate waterworks, water supply systems, sewerage systems, sewage treatment systems or other facilities or systems for the collection, transportation and treatment of water, wastewater and storm water.

(j) “ Storm water ” means any flow occurring during or following any form of natural precipitation and resulting from that precipitation.

(k) “ System ” or “ systems ” means any plants, structures, facilities and other real and personal property, used or useful in the generation, storage, transportation or supply of water, and the collection, transportation, treatment or disposal of wastewater and storm water, including, but not limited to, tanks, lakes, streams, ponds, pipes, trunk lines, mains, sewers, conduits, pipelines, pumping and ventilating stations, plants and works, connections and any other real and personal property and rights therein necessary, useful or convenient for the purposes of the utility board or authorities in connection therewith.

(l) “ Wastewater ” means water being disposed of by any person and which is contaminated with waste or sewage, including industrial, municipal and any other wastewater that may cause impairment of the quality of the waters in the state.

(m) “ Water ” means potable water, service water and groundwater.

(n) “ Utility board ” means the Mississippi Gulf Coast Region Utility Board.
Miss. Code Ann. § 49-25-17 — MS Code / Title 49 / Chapter 2 / Section 25-17
Miss. Code Ann. § 49-25-17
Status: in_force

Any person, partnership or corporation that seeks to establish, or establishes, a junkyard within one thousand (1,000) feet of the nearest right-of-way line of any interstate or primary highway that does not come within one or more of the exceptions contained in Section 49-25-7 , shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not exceeding Five Hundred Dollars ($500.00) for any such offense. Each day's presence of the junkyard within the prohibited distance shall be a separate offense for the purpose of the penalty provision. In addition thereto, the State Highway Commission may seek injunctive relief in the courts of the county in which said junkyard may be located to abate the said nuisance and to require the removal of all junk from the prohibited area.
Miss. Code Ann. § 49-17-411 — MS Code / Title 49 / Chapter 1 / Section 17-411
Miss. Code Ann. § 49-17-411
Status: in_force

No person shall own, install or operate an underground storage tank without complying with the applicable regulations of the commission.
Miss. Code Ann. § 49-17-27 — MS Code / Title 49 / Chapter 1 / 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. § 49-17-14 — MS Code / Title 49 / Chapter 5 / Section 17-14
Miss. Code Ann. § 49-17-14
Status: in_force

(1) “ Title V program ” means, as used in Sections 49-17-1 through 49-17-45 , the air operating permit program mandated in Title V of the 1990 amendments to the federal Clean Air Act, codified in 42 USCS Section 7661, et seq.

(2) There is created in the State Treasury a fund to be designated as the “Air Operating Permit Program Fee Trust Fund,” referred to hereinafter as the “fund.”

(3) The fund shall be treated as a special trust fund. Interest earned on the principal therein shall be credited by the Treasurer to the fund.

(4) The fund may receive monies from any available public or private source including, but not limited to, collection of fees, interest, grants, taxes, public and private donations and judicial actions.

(5) To facilitate the proper administration of the fund, the commission is authorized to promulgate rules and regulations for the administration of the fund.

(6) The commission shall expend or utilize monies in the fund by an annual appropriation approved by the Legislature to pay all reasonable direct and indirect costs associated with the development and administration of the Title V program including, but not limited to, the reasonable costs of the following activities as they relate to the Title V program:

(a) Preparing generally applicable regulations or guidance regarding the permit program or its implementation or enforcement;

(b) Reviewing and acting on any application for a permit, permit modification or permit renewal, including the development of an applicable requirement as part of the processing of a permit, or permit modification or renewal;

(c) Administering the permit program, including the supporting and tracking of permit applications, compliance certification, and related data entry;

(d) Implementing and enforcing the terms of any Title V permit (not including any court costs or other costs associated with an enforcement action), including adequate resources to determine which sources are subject to the program;

(e) Emissions and ambient monitoring;

(f) Modeling, analyses, or demonstrations;

(g) Preparing inventories and tracking emissions;

(h) Providing direct and indirect support to sources under the Small Business Stationary Source Technical and Environmental Compliance Assistance Program under Section 507 of the federal Clean Air Act in determining and meeting their obligations under this section; and

(i) Providing funding to the Advisory Council created in Section 49-17-16 in an amount reasonably sufficient to meet the Advisory Council's obligations under Sections 49-17-1 through 49-17-45 .

(7) Monies in the fund at the end of the fiscal year shall be retained in the fund for use in the next succeeding fiscal year. If the fund balance at the end of the fiscal year exceeds thirty-three percent (33%) of the projected annual costs of administering the program, the assessment rates may be adjusted to reduce the future projected fund balance. If necessary, the assessment rates shall be adjusted during the setting of the next fee schedule.

(8) At no time shall a fee be assessed that results in a projected ending fund balance of more than the current annual cost of administering the Title V program.

(9) No such fees shall be utilized by the Department of Environmental Quality or any other person for any purpose or purposes other than those purposes required by Sections 49-17-1 through 49-17-45 , as they relate to the Title V program.
Miss. Code Ann. § 49-19-5 — MS Code / Title 49 / Chapter 13 / 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. § 49-35-15 — MS Code / Title 49 / Chapter 19 / Section 35-15
Miss. Code Ann. § 49-35-15
Status: in_force

(1) Except as provided under subsection (5) of this section and Section 49-35-13(2) , a brownfield party who executes a brownfield agreement shall be relieved of liability to all persons other than the United States for: (a) remediation of the brownfield agreement site other than the remediation required by the brownfield agreement; and (b) all costs reasonably related to the remediation other than the remediation and costs required by the brownfield agreement or this article. However, this article shall not affect the right of any person to seek relief against any party to the brownfield agreement who may have liability with respect to a brownfield agreement site, except as provided in this section.

(2) The liability protection provided under this section applies to the following persons to the same extent as to a brownfield party:

(a) Any person under the direction or control of the brownfield party who directs or contracts for remediation or redevelopment of the brownfield agreement site;

(b) Any current owner and any future owner of the brownfield agreement site;

(c) Any person who develops, redevelops or lawfully occupies the brownfield agreement site;

(d) Any successor or assign of any person to whom the liability protection provided under this section applies; and

(e) Any lender or fiduciary that provided financing for remediation or redevelopment of the brownfield agreement site.

(3) A person who conducts an environmental assessment on a brownfield agreement site and who is not otherwise a potentially responsible party shall not become a potentially responsible party as a result of conducting the environmental assessment, unless that person increases the risk of harm to public health or the environment by failing to exercise due diligence and reasonable care in performing the environmental assessment.

(4) The liability protection provided under this section shall become effective upon execution of a brownfield agreement and shall remain effective, unless the commission removes the liability protection under Section 49-35-13(2) .

(5) A brownfield party who completes the remediation required under a brownfield agreement and any other person who receives liability protection under this section shall not be required to perform additional remediation on or under the brownfield agreement site unless:

(a) The brownfield party provides to the commission false information or fails to disclose to the commission relevant information about environmental contamination on or under the brownfield agreement site that forms a basis for the brownfield agreement or that is offered to demonstrate compliance with the brownfield agreement;

(b) New information becomes available after execution of the brownfield agreement indicating the existence of previously unknown contaminants or an area of previously unknown environmental contamination that has not been remediated to standards required by applicable federal or state law other than this article. The brownfield agreement may be amended to include remediation of any previously unknown contaminants and any additional areas in the same brownfield agreement site;

(c) The level of risk to public health or the environment resulting from the brownfield agreement site is increased beyond the level that forms a basis for the risk-based remediation requirements in the brownfield agreement due to changes in exposure conditions, including (i) a change in land use at the site or contiguous to the site that increases the probability of exposure to contaminants on or under the brownfield agreement site or (ii) the failure of remediation to mitigate risks to the extent required to make the brownfield agreement site fully protective of public health and the environment as provided in the brownfield agreement;

(d) The department obtains new information after execution of the brownfield agreement about a contaminant on or under the brownfield agreement site that increases the risk to public health or the environment on or under the brownfield agreement site beyond the level that is the basis for the risk-based remediation requirements in the brownfield agreement and in a manner or to a degree not anticipated in the brownfield agreement; or

(e) A brownfield party fails to file a timely and proper notice of brownfield agreement site under Section 49-35-17 .

(6) Upon completion of the brownfield agreement, the brownfield party may petition the commission to determine that the performance of the brownfield agreement has been completed. If the commission determines after conducting an inspection of the brownfield agreement site that the brownfield party has completed the brownfield agreement, the commission shall issue an order. Following issuance of an order by the commission, the executive director shall issue a “no further action” letter. The letter shall include the following statement: “Based upon the information provided by (brownfield agreement party) concerning property located at (location), it is the opinion of the Commission on Environmental Quality that (brownfield agreement party) has successfully and satisfactorily implemented and completed the approved brownfield agreement. No further action is required to assure that the remediation required under the brownfield agreement is protective of public health and the environment in accordance with the existing and proposed uses of this property.”
Miss. Code Ann. § 49-27-69 — MS Code / Title 49 / Chapter 11 / 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. § 49-27-31 — MS Code / Title 49 / Chapter 15 / Section 27-31
Miss. Code Ann. § 49-27-31
Status: in_force

The commission may require a performance bond in an amount to be set by the commission with surety and satisfactory conditions securing to the state compliance with the conditions and limitations set forth in any permit.
Miss. Code Ann. § 49-31-17 — MS Code / Title 49 / Chapter 1 / Section 31-17
Miss. Code Ann. § 49-31-17
Status: in_force

The Mississippi Department of Environmental Quality and the Mississippi Development Authority shall assist and actively promote the recycling industry in the state. Assistance and promotion of the recycling industry shall include, but is not limited to:

(a) Identification and analysis, in cooperation with the Department of Environmental Quality, of components of the state's recycling industry and present and potential markets for recyclable materials in the state or other states;

(b) Provision of information on the availability and benefits of using recycled materials to business, industry, academic institutions and governmental entities within the state;

(c) Distribution of any material prepared in implementing this section to business, industry, academic institutions, governmental entities and the general public upon request; and

(d) Active promotion of the present markets and development of the potential markets of recyclable materials through the resources of the Mississippi Department of Environmental Quality and the Mississippi Development Authority.
Miss. Code Ann. § 49-19-115 — MS Code / Title 49 / Chapter 9 / Section 19-115
Miss. Code Ann. § 49-19-115
Status: in_force

(1) The boards of supervisors of all counties are hereby directed to levy a special tax to be known as “the forest acreage tax.” Such tax shall be Two Cents (2¢) per acre on all timbered and uncultivatable lands in the county in order to receive the financial and supervisory cooperation of the State Forestry Commission in carrying out organized forest fire control and other provisions of Sections 49-19-111 through 49-19-117 .

(2) In addition to the tax levied under subsection (1) of this section, the boards of supervisors of all counties are hereby directed to levy an additional forest acreage tax on all timbered and uncultivatable lands in the county beginning October 1, 1989, and continuing for three (3) succeeding years in the following amounts:

Total Acreage

Increase

Tax

Fiscal year ending September 30, 1990․․․․․․․․․․․․․․․․․․․․․․․․․․

3¢ per acre

5¢ per acre

Fiscal year ending September 30, 1991․․․․․․․․․․․․․․․․․․․․․․․․․․

2¢ per acre

7¢ per acre

Fiscal year ending September 30, 1992․․․․․․․․․․․․․․․․․․․․․․․․․․

2¢ per acre

9¢ per acre

Upon completion of the third year, the total acreage tax shall remain at the Nine Cents (9¢) per acre per year.

(3) Uncultivatable lands shall not include bogs, unreclaimed strip mine areas, coastal beach sands, tidal and freshwater marshes, beaver ponds and flood or flowage easements.

(4) Those homeowners described in Section 27-33-67(2) , who qualify for the exemptions allowed in Article 1, Chapter 33, Title 27, Mississippi Code of 1972 , shall be exempt from any forest acreage tax levied pursuant to this section.

(5) The provisions of this section and the tax levy required herein shall not be applicable to any counties which were not levying such forest acreage tax on January 1, 1989.
Miss. Code Ann. § 49-25-3 — MS Code / Title 49 / Chapter 6 / Section 25-3
Miss. Code Ann. § 49-25-3
Status: in_force

For the purpose of promoting the public safety, health, welfare, convenience and enjoyment of public travel, to protect the public investment in public highways, and to preserve and enhance the scenic beauty of lands bordering public highways, it is hereby declared to be in the public interest to regulate and restrict the establishment, operation, and maintenance of junkyards in areas adjacent to the interstate and primary highway systems within this state. The legislature hereby finds and declares that junkyards which do not conform to the requirements of this chapter are public nuisances.
Miss. Code Ann. § 49-17-403 — MS Code / Title 49 / Chapter 11 / 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. § 49-19-3 — MS Code / Title 49 / Chapter 8 / Section 19-3
Miss. Code Ann. § 49-19-3
Status: repealed

The duties and powers of the commission shall be:

(a) To appoint a State Forester, who shall serve at the will and pleasure of the commission and who is qualified to perform the duties as set forth herein; and to pay him such salary as is provided by the Legislature, and allow him such office expenses incidental to the performance of his official duties as the commission, in its discretion, may deem necessary; and to charge him with the immediate direction and control, subject to the supervision and approval of the commission, of all matters relating to forestry as authorized herein. Any person appointed by the commission as State Forester shall have received a bachelor's degree in forestry from an accredited school or college of forestry and shall be licensed and registered under the provisions of the Mississippi Foresters Registration Law ( Section 73-36-1 et seq. ) and in addition shall have had at least five (5) years' administrative experience in a forestry-related field.

(b) To take such action and provide and maintain such organized means as may seem necessary and expedient to prevent, control and extinguish forest fires, including the enforcement of any and all laws pertaining to the protection of forests and woodland.

(c) To encourage forest and tree planting for the production of a wood crop, for the protection of water supply, for windbreak and shade, or for any other beneficial purposes contributing to the general welfare, public hygiene and comfort of the people.

(d) To cause to be made such technical investigations and studies concerning forest conditions, the propagation, care and protection of forest and shade trees, the care and management of forests, their growth, yield and the products and by-products thereof, and any other competent subject, including forest taxation, bearing on the timber supply and needs of the state, which the commission, in its discretion, may deem proper.

(e) To assist and cooperate with any federal or state department or institution, county, town, corporation or individual, under such terms as in the judgment of the commission will best serve the public interest, in the preparation and execution of plans for the protection, management, replacement, or extension of the forest, woodland and roadside or other ornamental tree growth in the state.

(f) To encourage public interest in forestry by means of correspondence, the public press, periodicals, the publication of bulletins and leaflets for general distribution, the delivery of lectures in the schools and other suitable means, and to cooperate to the fullest extent with the extension department services of the state colleges in promoting reforestation. It shall be the duty of the State Forester to cooperate with private timber owners in laying plans for the protection, management and replacement of forests and in aiding them to form protection associations. It shall be his duty to examine all timbered lands belonging to the state and its institutions and report to the commission upon their timber conditions and actual value, and also whether some of these lands may not be held as state forests. He shall be responsible for the protection and management of lands donated, purchased or belonging to the state or state institutions, and all other lands reserved by the state as state forests.

(g) To control the expenditure of any and all funds appropriated or otherwise made available for the several purposes set forth herein under suitable regulations and restrictions by the commission and to specifically authorize any officer or employee of the commission to incur necessary and stipulated expenses in connection with the work in which such person may be engaged.

(h) To submit annually to the Legislature a report of the expenditures, proceedings and results achieved, together with such other matters including recommendations concerning legislation as are germane to the aims and purposes of this chapter.

(i) To create, establish and organize the State of Mississippi into forestry districts for the most effective and efficient administration of the commission.

(j) [Repealed]
Miss. Code Ann. § 49-17-73 — MS Code / Title 49 / Chapter 2 / Section 17-73
Miss. Code Ann. § 49-17-73
Status: in_force

When the governor shall have executed the compact on behalf of this state and shall have caused a verified copy thereof to be filed with the state secretary, and when such compact shall have been ratified by one or more of the states named in Section 49-17-71 , then compact shall become operative and effective as between this state and such other state or states. The governor is hereby authorized and directed to take such action as may be necessary to complete the exchange of official documents as between this state and any other state ratifying the compact.
Miss. Code Ann. § 49-39-5 — MS Code / Title 49 / Chapter 8 / Section 39-5
Miss. Code Ann. § 49-39-5
Status: in_force

(1) There is established the Board of Trustees of the Mississippi Outdoor Stewardship Trust Fund, which shall consist of the following members:

(a) Four (4) members appointed by the Governor from geographically diverse areas;

(b) Three (3) members appointed by the Lieutenant Governor from geographically diverse areas;

(c) The Executive Director of the Mississippi Soil and Water Conservation Commission, as an ex officio, nonvoting member;

(d) The Executive Director of the Mississippi Department of Marine Resources, as an ex officio, nonvoting member;

(e) The Executive Director of the Mississippi Department of Wildlife, Fisheries and Parks, as an ex officio, nonvoting member;

(f) The Secretary of State, as an ex officio, nonvoting member;

(g) The Commissioner of Agriculture and Commerce, as an ex officio, nonvoting member;

(h) The Chairs of the Senate and House Appropriations Committees, as ex officio, nonvoting members;

(i) The Chairs of the Senate Finance Committee and House Ways and Means Committee, as ex officio, nonvoting members; and

(j) The Chairs of the Senate and House Wildlife, Fisheries and Parks Committees, as ex officio, nonvoting members.

One (1) of the members to be appointed by the Governor shall be appointed only after consideration of recommendations for those appointments made by the Speaker of the House of Representatives to the Governor. One (1) of the members to be appointed by the Lieutenant Governor shall be appointed only after consideration of recommendations for those appointments made by the Speaker of the House of Representatives to the Lieutenant Governor.

(2) The members of the board appointed by the Governor and Lieutenant Governor shall be appointed from the following private sectors: forestry, conservation, agriculture, business, marine resources, hunting or fishing. Such members shall be and shall remain Mississippi residents during their tenure on the board and shall possess a demonstrated knowledge of and commitment to public lands, land conservation and outdoor recreation. These seven (7) appointments shall be subject to the advice and consent of the Mississippi State Senate.

(3)(a) Two (2) persons initially appointed by the Governor and two (2) persons initially appointed by the Lieutenant Governor shall serve terms ending June 30, 2025. The other two (2) persons initially appointed by the Governor and the remaining person initially appointed by the Lieutenant Governor shall serve terms ending June 30, 2026.

After the expiration of the initial terms, each such appointment shall be for a term of four (4) years from the expiration of the previous term.

(b) A majority of the voting members of the board shall constitute a quorum for the conduct of meetings, and all actions of the board shall require a majority vote of the voting members of the board.

(c) The board shall annually elect one (1) voting member to serve as chairman and one (1) voting member to serve as vice chairman. The vice chairman shall act as chairman in the absence or disability of the chairman, or if there is a vacancy in the office of chairman.

(4) The members of the board appointed by the Governor and Lieutenant Governor shall receive a per diem as provided in Section 25-3-69 , plus travel and necessary expenses incidental to the attendance at each board meeting, including mileage, as provided in Section 25-3-41 .

(5) No board member shall use his official position to obtain, or attempt to obtain, pecuniary benefit for himself other than that compensation provided for by law, or to obtain, or attempt to obtain, pecuniary benefit for any relative or any business with which he is associated, as provided in Section 25-4-105 .

(6) The board shall not approve any funding to any entity of which a voting member of the board is an executive, member or employee.

(7) The Department of Finance and Administration shall provide the office space, staff and other support necessary for the board to perform its duties.
Miss. Code Ann. § 49-5-75 — MS Code / Title 49 / Chapter 5 / 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. § 49-7-97 — MS Code / Title 49 / Chapter 3 / Section 7-97
Miss. Code Ann. § 49-7-97
Status: in_force

Any public officer who wilfully fails to perform any duty imposed by law or by any lawful rule or regulation of the commission, is guilty of a misdemeanor, and upon conviction thereof shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or be imprisoned not more than six (6) months, or both.
Miss. Code Ann. § 49-23-29 — MS Code / Title 49 / Chapter 15 / Section 23-29
Miss. Code Ann. § 49-23-29
Status: in_force

Federal funds appropriated to carry out the provisions of Sections 49-23-1 through 49-23-29 are to be apportioned to the commissioners' districts in the same manner as said federal funds are apportioned to the state, and matching state funds are to be apportioned to the commissioners' districts proportionately.
Miss. Code Ann. § 49-27-49 — MS Code / Title 49 / Chapter 10 / Section 27-49
Miss. Code Ann. § 49-27-49
Status: in_force

Appeals may be taken from the chancery court to the Supreme Court in the manner as now required by law, except that if a supersedeas is desired by the party appealing from the chancery court, he may apply therefor to the chancellor thereof, who shall award a writ of supersedeas without additional bond if, in his judgment, material damage is not likely to result thereby, but otherwise he shall require such supersedeas bond as he deems proper which shall be liable to the state or applicant for such damage.
Miss. Code Ann. § 49-15-84.1 — MS Code / Title 49 / Chapter 15 / Section 15-84.1
Miss. Code Ann. § 49-15-84.1
Status: in_force

(1) The commission may establish a closed season for the use of crab traps in the public waters of this state. The commission may designate the closed season as not less than ten (10) days nor more than thirty (30) days per year. Any crab trap remaining in the public waters after the expiration to the seventh day of a closed season may be considered as abandoned under the regulations established by the commission.

(2) The commission shall adopt rules to govern the removal and disposal of abandoned crab traps as necessary to enhance:

(a) The conservation and management of crab resources;

(b) Boating safety;

(c) The cleanliness of the beds and bottoms of the public waters of the state; and

(d) Enforcement of this chapter.

(3) Abandoned crab traps are litter and are subject to immediate removal and disposal.
Miss. Code Ann. § 49-15-61 — MS Code / Title 49 / Chapter 15 / 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. § 49-15-303 — MS Code / Title 49 / Chapter 15 / Section 15-303
Miss. Code Ann. § 49-15-303
Status: in_force

The advisory commission shall have the following powers and duties:

(a) To advise the department regarding marine resources within the jurisdiction of the department;

(b) To advise the executive director on whether to execute contracts, grants and cooperative agreements with any public or private institution, federal or state agency or any subdivision thereof to carry out the duties of the commission; and

(c) To advise the department on whether to adopt, amend or repeal any rules and regulations necessary for the operation of the department necessary for the protection, conservation and propagation of seafood, and necessary for the management of commercial and recreational taking of seafood.
Miss. Code Ann. § 49-27-33 — MS Code / Title 49 / Chapter 15 / Section 27-33
Miss. Code Ann. § 49-27-33
Status: in_force

The commission, after reasonable notice in writing to the holder of a permit and after a hearing in the manner as provided in Sections 49-27-15 through 49-27-21 of this chapter, shall suspend or revoke a permit if it finds that the applicant has not substantially complied with one or more of the conditions or limitations set forth in the permit or has exceeded the scope of the activities as set forth in the application.
Miss. Code Ann. § 49-19-215 — MS Code / Title 49 / Chapter 5 / Section 19-215
Miss. Code Ann. § 49-19-215
Status: in_force

(1) The commission shall actively and diligently encourage all eligible owners to use their own resources or to employ the resources of private vendors to implement approved practices.

(2) The commission shall not enter into active competition with eligible owners or private vendors for the on-the-ground job of implementing any approved practice as it is the intent of the Legislature to encourage private business, forest industries and the forestry community to participate in the economic development which will be provided by Sections 49-19-201 through 49-19-227 .
Miss. Code Ann. § 49-27-55 — MS Code / Title 49 / Chapter 11 / 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. § 49-17-27 — MS Code / Title 49 / Chapter 6 / 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. § 49-35-23 — MS Code / Title 49 / Chapter 17 / Section 35-23
Miss. Code Ann. § 49-35-23
Status: in_force

This article shall not:

(a) Affect the authority of local governments to regulate land use under applicable statutes. The use or uses of the brownfield agreement site and any land-use restrictions or engineering controls in the brownfield agreement shall be consistent with local land-use regulations adopted under applicable statutes;

(b) Amend, modify, repeal, or otherwise alter any provision of law available to the commission relating to enforcement of violations of federal or state law within its jurisdiction, including civil and criminal penalties;

(c) Prevent or impede the immediate response of the department or responsible party to an emergency that involves an imminent or actual release of a contaminant that threatens public health or the environment;

(d) Relieve a person receiving liability protection under this section from any liability for environmental contamination later caused or made worse by that person on or under a brownfield agreement site;

(e) Affect the right of any person who may have liability with respect to the brownfield agreement site to seek contribution from any other person who may have liability with respect to the brownfield agreement site and who does not have liability protection under this article;

(f) Prevent the commission from enforcing specific numerical remediation standards, monitoring, or compliance requirements specifically required by the federal government to be enforced as a condition for the department to receive or maintain program authorization, delegation, primacy, or federal funds;

(g) Create a defense against the imposition of criminal and civil penalties or other administrative enforcement remedies authorized by law and imposed as the result of the illegal disposal of solid waste or a regulated substance or for the pollution of the land, air, or waters of this state on or under a brownfield agreement site;

(h) Relieve a person of any liability for failure to exercise due diligence and reasonable care in performing an environmental assessment; or

(i) Create or convey any real or personal property rights, tangible or intangible, to any person.
Miss. Code Ann. § 49-35-19 — MS Code / Title 49 / Chapter 25 / Section 35-19
Miss. Code Ann. § 49-35-19
Status: in_force

(1) Any land-use restriction or engineering control in a brownfield agreement and in a notice of brownfield agreement site filed under this section may be enforced by:

(a) Any current owner of the brownfield agreement site;

(b) The commission, by initiating an administrative proceeding or by filing a civil action, without first having exhausted all available administrative remedies;

(c) Any local government having jurisdiction over any part of the brownfield agreement site by filing a civil action, without the local government having first exhausted all available administrative remedies; or

(d) Any person provided liability protection under this article who will lose liability protection if the land-use restriction or engineering control is violated.

(2) Adjacent property owners may enforce any land-use restriction contained in a brownfield agreement or in a notice of brownfield agreement site filed under this section.

(3) A land-use restriction or engineering control shall not be declared unenforceable due to lack of privity of estate or contract, due to lack of benefit to particular land, or due to lack of any property interest in particular brownfield property within the brownfield agreement site. Any person who owns or leases brownfield property within the brownfield agreement site subject to a land-use restriction or engineering control under this section shall abide by the land-use restriction or engineering control.
Miss. Code Ann. § 49-28-31 — MS Code / Title 49 / Chapter 7 / Section 28-31
Miss. Code Ann. § 49-28-31
Status: in_force

Any bonds secured by a pledge of the special assessments shall mature at any time or times, not exceeding twenty-five (25) years from the date of the bonds, and may be in fully registered form or in bearer form, as determined by the board of commissioners.
Miss. Code Ann. § 49-27-43 — MS Code / Title 49 / Chapter 6 / Section 27-43
Miss. Code Ann. § 49-27-43
Status: in_force

Upon the filing of an appeal, the clerk of the chancery court shall serve notice thereof upon the commission, whereupon the commission shall within sixty (60) days, or within such additional time as the court may for cause allow, from the service of such notice certify to the chancery court the record in the case, which record shall include a transcript of all testimony, all objections, all exhibits or copies thereof, all pleadings, proceedings, orders, findings and opinions entered in the case; provided, however, that the parties and the commission may stipulate that only a specified portion of the record shall be certified to the court as the record on appeal.
Miss. Code Ann. § 49-37-5 — MS Code / Title 49 / Chapter 11 / 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. § 49-39-3 — MS Code / Title 49 / Chapter 37 / 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. § 49-11-17 — MS Code / Title 49 / Chapter 2 / Section 11-17
Miss. Code Ann. § 49-11-17
Status: in_force

The operating licenses issued by the department shall entitle licensees, and their guests or customers, to recover the total number of each species of game released on the premises each year.
Miss. Code Ann. § 49-25-19 — MS Code / Title 49 / Chapter 23 / Section 25-19
Miss. Code Ann. § 49-25-19
Status: in_force

Nothing in this chapter shall be construed to abrogate or affect the provisions of any lawful ordinance, regulation or resolution, which are more restrictive than the provisions of this chapter.
Miss. Code Ann. § 49-35-3 — MS Code / Title 49 / Chapter 3 / Section 35-3
Miss. Code Ann. § 49-35-3
Status: in_force

The Legislature finds:

(a) There are properties in Mississippi, often referred to as “brownfields,” that are contaminated or are perceived to be contaminated by past activities, but are potential locations for redevelopment.

(b) Brownfields development and redevelopment is impaired by the potential liability associated with the actual or perceived risk of contamination.

(c) The safe development or redevelopment of brownfields will benefit the citizens of Mississippi in many ways, including improving the tax base of local governments and creating job opportunities for citizens in the vicinity of brownfields.

(d) The reduction of public health and environmental hazards on existing brownfield sites is essential to creating a better quality of life for the citizens of this state.

(e) This article will provide incentives for the voluntary cleanup of brownfield property without use of taxpayer funds.
Miss. Code Ann. § 49-19-141 — MS Code / Title 49 / Chapter 7 / Section 19-141
Miss. Code Ann. § 49-19-141
Status: in_force

The governor on behalf of this state is hereby authorized to execute a compact, in substantially the following form, with any one or more of the states of Arkansas, Louisiana, Oklahoma, and Texas, and the legislature hereby signifies in advance its approval and ratification of such compact:

SOUTH CENTRAL INTERSTATE FOREST FIRE PROTECTION COMPACT

Article I.

The purpose of this compact is to promote effective prevention and control of forest fires in the south central region of the United States by the development of integrated forest fire plans, by the maintenance of adequate forest fire fighting services by the member states, by providing for mutual aid in fighting forest fires among the compacting states of the region and with states which are party to other regional forest fire protection compacts or agreements, and for more adequate forest development.

Article II.

This compact shall become operative immediately as to those states ratifying it whenever any two (2) or more of the states of Arkansas, Louisiana, Mississippi, Oklahoma, and Texas which are contiguous have ratified it and Congress has given consent thereto. Any state not mentioned in this article which is contiguous with any member state may become a party to this compact, subject to approval by the legislature of each of the member states.

Article III.

In each state, the state forester or officer holding the equivalent position who is responsible for forest fire control shall act as compact administrator for that state and shall consult with like officials of the other member states and shall implement cooperation between such states in forest fire prevention and control.

The compact administrators of the member states shall organize to coordinate the services of the member states and provide administrative integration in carrying out the purposes of this compact.

There shall be established an advisory committee of legislators, forestry commission representatives, and forestry or forest products industries representatives which shall meet from time to time with the compact administrators. Each member state shall name one member of the senate and one member of the house of representatives, and the governor of each member state shall appoint one representative who shall be the chairman of the state forestry commission or comparable official and one representative who shall be associated with forestry or forest products industries to comprise the membership of the advisory committee. Action shall be taken by a majority of the compacting states, and each state shall be entitled to one vote.

The compact administrators shall formulate and, in accordance with need, from time to time, revise a regional forest fire plan for the member states.

It shall be the duty of each member state to formulate and put in effect a forest fire plan for that state and take such measures as may be necessary to integrate such forest fire plan with the regional forest fire plan formulated by the compact administrators.

Article IV.

Whenever the state forest fire control agency of a member state requests aid from the state forest fire control agency of any other member state in combating, controlling or preventing forest fires, it shall be the duty of the state forest fire control agency of that state to render all possible aid to the requesting agency which is consonant with the maintenance of protection at home.

Article V.

Whenever the forces of any member state are rendering outside aid pursuant to the request of another member state under this compact, the employees of such state shall, under the direction of the officers of the state to which they are rendering aid, have the same powers (except the power of arrest), duties, rights, privileges and immunities as comparable employees of the state to which they are rendering aid.

No member state or its officers or employees rendering outside aid pursuant to this compact shall be liable on account of any act or omission on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith: Provided, that nothing herein shall be construed as relieving any person from liability for his own negligent act or omission, or as imposing liability for such negligent act or omission upon any state.

All liability, except as otherwise provided hereinafter, that may arise either under the laws of the requesting state or under the laws of the aiding state or under the laws of a third state on account of or in connection with a request for aid, shall be assumed and borne by the requesting state.

Any member state rendering outside aid pursuant to this compact shall be reimbursed by the member state receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, transportation, wages, salaries, and maintenance of employees and equipment incurred in connection with such request: Provided, that nothing herein contained shall prevent any assisting member state from assuming such loss, damage, expense or other cost or from loaning such equipment or from donating such service to the receiving member state without charge or cost.

Each member state shall provide for the payment of compensation and death benefits to injured employees and the representatives of deceased employees in case employees sustain injuries or are killed while rendering outside aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within such state.

For the purposes of this compact the term employee shall include any volunteer or auxiliary legally included within the forest fighting forces of the aiding state under the laws thereof.

The compact administrators shall formulate procedures for claims and reimbursement under the provisions of this article, in accordance with the laws of the member states.

Article VI.

Ratification of this compact shall not be construed to affect any existing statute so as to authorize or permit curtailment or diminution of the forest fighting forces, equipment, services or facilities of any member state.

Nothing in this compact shall be construed to limit or restrict the powers of any state ratifying the same to provide for the prevention, control and extinguishment of forest fires, or to prohibit the enactment or enforcement of state laws, rules or regulations intended to aid in such prevention, control and extinguishment in such state.

Nothing in this compact shall be construed to affect any existing or future cooperative relationship or arrangement between the United States Forest Service and a member state or states.

Article VII.

The compact administrators may request the United States Forest Service to act as the primary research and coordinating agency of the South Central Interstate Forest Fire Protection Compact in cooperation with the appropriate agencies in each state, and the United States Forest Service may accept the initial responsibility in preparing and presenting to the compact administrators its recommendations with respect to the regional fire plan. Representatives of the United States Forest Service may attend meetings of the compact administrators.

Article VIII.

The provisions of article IV and V of this compact which relate to mutual aid in combating, controlling or preventing forest fires shall be operative as between any state party to this compact and any other state which is party to a regional forest fire protection compact in another region: Provided, that the legislature of such other state shall have given its assent to such mutual aid provisions of this compact.

Article IX.

This compact shall continue in force and remain binding on each state ratifying it until the legislature or the governor of such state takes action to withdraw therefrom. Such action shall not be effective until six (6) months after notice thereof has been sent by the chief executive of the state desiring to withdraw to the chief executives of all states then parties to the compact.
Miss. Code Ann. § 49-19-115 — MS Code / Title 49 / Chapter 2 / Section 19-115
Miss. Code Ann. § 49-19-115
Status: in_force

(1) The boards of supervisors of all counties are hereby directed to levy a special tax to be known as “the forest acreage tax.” Such tax shall be Two Cents (2¢) per acre on all timbered and uncultivatable lands in the county in order to receive the financial and supervisory cooperation of the State Forestry Commission in carrying out organized forest fire control and other provisions of Sections 49-19-111 through 49-19-117 .

(2) In addition to the tax levied under subsection (1) of this section, the boards of supervisors of all counties are hereby directed to levy an additional forest acreage tax on all timbered and uncultivatable lands in the county beginning October 1, 1989, and continuing for three (3) succeeding years in the following amounts:

Total Acreage

Increase

Tax

Fiscal year ending September 30, 1990․․․․․․․․․․․․․․․․․․․․․․․․․․

3¢ per acre

5¢ per acre

Fiscal year ending September 30, 1991․․․․․․․․․․․․․․․․․․․․․․․․․․

2¢ per acre

7¢ per acre

Fiscal year ending September 30, 1992․․․․․․․․․․․․․․․․․․․․․․․․․․

2¢ per acre

9¢ per acre

Upon completion of the third year, the total acreage tax shall remain at the Nine Cents (9¢) per acre per year.

(3) Uncultivatable lands shall not include bogs, unreclaimed strip mine areas, coastal beach sands, tidal and freshwater marshes, beaver ponds and flood or flowage easements.

(4) Those homeowners described in Section 27-33-67(2) , who qualify for the exemptions allowed in Article 1, Chapter 33, Title 27, Mississippi Code of 1972 , shall be exempt from any forest acreage tax levied pursuant to this section.

(5) The provisions of this section and the tax levy required herein shall not be applicable to any counties which were not levying such forest acreage tax on January 1, 1989.
Miss. Code Ann. § 49-7-31 — MS Code / Title 49 / Chapter 2 / Section 7-31
Miss. Code Ann. § 49-7-31
Status: in_force

(1) The open season on deer shall be as follows:

(a) With bow and arrow: October 1 through the Friday prior to Thanksgiving.

(b) With guns and with dogs: from the Saturday prior to Thanksgiving through December 1.

(c) With primitive weapons and without dogs: December 2 through December 15.

(d) With guns and without dogs: December 16 through December 23. However, the commission may allow hunting statewide or in specific areas with any legal weapon which it may designate without dogs after the end of the last season for hunting deer with guns and with dogs, but the season with legal designated weapons and without dogs shall not extend beyond January 31.

(e) The commission shall establish an extended season with primitive weapons and bow and arrow without dogs from February 1 through February 15 for the area south of U.S. Highway 84 and east of Mississippi Highway 35 only for legal bucks. Any antlered deer taken in this area during any open season under this section must be a legal buck as defined in this paragraph. For purposes of this paragraph, the term “ legal buck ” means a deer with antlers of four (4) points or more with a minimum inside spread of ten (10) inches or a minimum main beam length of thirteen (13) inches. The commission may regulate the taking of deer with antlers of four (4) points or less under this paragraph for the proper management of antlered deer. The commission may delay the opening date and change the length of bow and arrow season in paragraph (a) in this area.

(f) With guns and with dogs: December 24 through a date fixed by the commission that will provide a total of thirty-nine (39) days of hunting deer with guns and with dogs when added to the number of days provided for hunting deer with guns and with dogs in paragraph (b).

(g) When the open season on deer ends on a Friday, the commission shall have the authority to extend the season until thirty (30) minutes after sunset on the following Sunday.

(2) The commission may set and regulate the deer seasons on wildlife management areas which it administers.

(3)(a) The commission may allow the harvesting of antlerless deer in the districts or zones upon the recommendation of the executive director based upon good and substantial quantitative data and research evaluations that demonstrate that the harvesting is necessary to properly manage the herd.

(b) The commission, only upon the recommendation of the executive director, may allow the harvesting of antlerless deer during the deer season with guns and with dogs by a majority vote of the commission.

(c) Nothing in this subsection prohibits the harvesting of either-sex deer by landowners or leaseholders on private lands under the deer management assistance program prescribed or approved by the executive director.

(4) The commission may provide a special permit for the harvesting of deer when they are depredating and destroying crops. The department shall supervise the harvesting and provide for the salvaging of the meat of the animals. The commission may authorize the department to assist any farmer in this state, who sustains crop damage by wildlife, in eradication of the problem wildlife.

(5)(a) During any open season on deer with primitive weapons after November 30, a person may use any legal weapon of choice on private lands only, if the person is:

(i) The title owner of the land;

(ii) The lessee of the hunting rights on the land;

(iii) A member of a hunting club leasing the hunting rights on the land; or

(iv) A guest of a person specified in subparagraph (i), (ii) or (iii).

(b) If the person is required to have a hunting license, the person must have a primitive weapon license, Sportsman's License or a Lifetime Sportsman's License.

(6) The commission shall establish and regulate special hunts during velvet hunting season, outside of the regular open season on deer, as provided in Section 49-7-31.6 .
Miss. Code Ann. § 49-35-17 — MS Code / Title 49 / Chapter 19 / Section 35-17
Miss. Code Ann. § 49-35-17
Status: in_force

(1) A brownfield party entering into a brownfield agreement shall submit to the department for its approval a proposed notice of brownfield agreement site before execution of the brownfield agreement as provided in Section 49-35-11 .

(2) A notice of brownfield agreement site (a) shall be entitled “Notice of Brownfield Agreement Site”, (b) shall include a survey plat of the brownfield agreement site described in the brownfield agreement that has been prepared and certified by a professional land surveyor, (c) shall include a legal description of the brownfield agreement site, and (d) shall identify the following:

(i) The location and dimensions of the areas of potential environmental contamination with respect to permanently surveyed benchmarks;

(ii) The type, location, and quantity of contaminants known to exist on or under the brownfield agreement site;

(iii) All land-use restrictions on the current or future use of the brownfield agreement site. These land-use restrictions may apply to activities on or under the brownfield agreement site, including, but not limited to, use of groundwater, building, filling, grading, excavating, and mining; and

(iv) All engineering controls included in the brownfield agreement.

(3)(a) Within fifteen (15) days after the brownfield agreement is executed, the brownfield party shall file a certified copy of the brownfield agreement and the notice of the brownfield agreement site in the office of the chancery clerk of the county in which the site is located. The chancery clerk shall record and enter the notice of the brownfield agreement site and the brownfield agreement in the land records in accordance with Section 89-5-33 and collect the fees provided in Section 25-7-9 . Any deed or other instrument conveying an interest in brownfield property shall state in the deed or instrument that the property is brownfield property and subject to a brownfield agreement, unless the notice is canceled under subsection (4) of this section.

(b) If the notice has not been canceled under subsection (4) of this section, the seller of brownfield property shall disclose in the contract for the purchase of the brownfield property that the property is brownfield property and subject to a brownfield agreement.

(4) If a brownfield party remediates a brownfield agreement site to a risk level of unrestricted use, the brownfield party may petition the commission to cancel the notice of brownfield agreement site. If the commission issues an order canceling the notice, the current owner of the brownfield agreement site shall file a statement issued by the executive director in accordance with the commission's order canceling the notice in the office of the chancery clerk in any county in which the brownfield agreement site is located. The executive director's statement shall contain the names of the owners of the brownfield agreement site as shown in the notice of brownfield agreement site and reference the book and page where the notice is recorded. After collecting the proper fee fixed in Section 25-7-9 , the chancery clerk shall record the executive director's statement as provided in subsection (3) of this section. The chancery clerk shall make a marginal entry on the notice of brownfield agreement site showing the date of cancellation and the book and page where the executive director's statement is recorded, and the chancery clerk shall sign the entry.
Miss. Code Ann. § 49-13-17 — MS Code / Title 49 / Chapter 8 / Section 13-17
Miss. Code Ann. § 49-13-17
Status: in_force

In case of the resale or disposition of quail carcasses originally purchased or received from a licensed quail producer and in turn sold or donated by another person, a record of each subsequent change of ownership must be made. The following information must be recorded by the present owner about the owner who receives the quail: name and address of the person or business to which the quail carcasses were transferred, the date of the transfer and the kind and number of quail transferred. The record of the quail transfer of ownership must be kept by the person or business selling or donating the quail for a period of one (1) year following the ownership transfer and shall, upon request, be available for inspection by a representative of the department.
Miss. Code Ann. § 49-35-13 — MS Code / Title 49 / Chapter 25 / Section 35-13
Miss. Code Ann. § 49-35-13
Status: in_force

(1) Any material failure of a brownfield party or the agents or employees of a brownfield party to comply with the brownfield agreement constitutes a violation of this section by the brownfield party. If a brownfield party violates this section the commission shall issue an order requiring the brownfield party to correct the violation in an appropriate time period established by the order.

(2) If the brownfield party fails to comply with an order issued under subsection (1) of this section, the brownfield party shall be subject to removal of all liability protection afforded by the brownfield agreement under Section 49-35-15 and shall be subject to civil penalties under Section 49-17-43 .

(3) This section shall not create a defense against the imposition of criminal or civil penalties or other administrative remedies authorized by law for violations of law caused by the brownfield party while implementing or failing to implement the brownfield agreement.
Miss. Code Ann. § 49-28-27 — MS Code / Title 49 / Chapter 6 / Section 28-27
Miss. Code Ann. § 49-28-27
Status: in_force

(1) The board of supervisors of the county in which a district exists, may, according to the terms of the resolution and upon receipt of a resolution of the board of commissioners adopted by a three-fifths ( 3 / 5 ) majority of that board requesting the funds, levy a special tax, not to exceed four (4) mills annually, on all taxable real property in the district. The avails of the tax shall be paid over to the board of commissioners of the district to be used either for the support of the district, planning, design, construction, operation, maintenance or improvement of projects of the district or for the retirement of any bonds issued by the district, or for any combination of those uses.

(2) The proceeds derived from two (2) mills of the levy authorized in this section shall be included in the ten percent (10%) increase limitation under Section 27-39-321 , and the proceeds derived from any additional millage levied under this subsection in excess of two (2) mills shall be excluded from that limitation for the first year of such additional levy and shall be included within that limitation in any year thereafter.

(3) Following the initial tax levy, the special tax levy under this subsection may be increased only when the board of supervisors, after receipt of the resolution of the board of commissioners requesting an increase and stating the proposed amount of the increase and the purposes for which the additional revenues shall be used, has determined the need for additional revenues, adopts a resolution declaring its intention to increase the levy and has held an election on the question of increasing the tax levy prescribed in this section. The notice calling for an election shall state the purposes for which the additional revenues shall be used and the amount of the tax levy to be imposed for those purposes. The tax levy may be increased only if the proposed increase is approved by a three-fifths ( 3 / 5 ) majority of those voting within the district. Only those qualified electors of the county which reside in the district may vote in the election. Subject to specific provisions of this paragraph to the contrary, the publication of notice and manner of holding the election within the district shall be as prescribed by law for the holding of elections for the issuance of bonds by the board of supervisors. The election shall be held only within the district.
Miss. Code Ann. § 49-27-23 — MS Code / Title 49 / Chapter 6 / Section 27-23
Miss. Code Ann. § 49-27-23
Status: in_force

The commission may grant, issue, reissue, modify, deny, suspend or revoke permits and may prescribe limitations and conditions on permits. When taking such action on any permit, the commission shall consider the effect of the proposed activity with reference to the public policy expressed in Section 49-27-3 of this chapter. A permittee under this chapter must obtain a permit from the Mississippi Commission on Environmental Quality if required by that commission under Sections 49-17-29 through 49-17-43 , and nothing in this chapter is intended to waive the requirements and standards of such commission. A Mississippi Commission on Environmental Quality permit granted to an applicant under this chapter shall be proof of the applicant's meeting any water quality standard considered by the commission under this chapter. Any conflict under this chapter between the commission and the Commission on Environmental Quality shall be resolved in favor of the Commission on Environmental Quality. The commission may undertake studies regarding water quality and submit the results of such studies to the Commission on Environmental Quality.