Miss. Code Ann. § 49-7-34 — MS Code / Title 49 / Chapter 2 / Section 7-34
Miss. Code Ann. § 49-7-34
Status: in_force

(1) The Commission on Wildlife, Fisheries and Parks shall not prohibit the operation of a hunting enclosure for hunting or pursuing rabbit, fox or coyote, but the commission may prescribe regulations and require a permit for the operation of such hunting enclosures. Application for the permit shall be submitted to the Department of Wildlife, Fisheries and Parks. The department shall inspect and approve such hunting enclosure before issuing a permit. The permit fee shall be a reasonable amount, to be determined by the commission.

(2) Such hunting enclosure shall consist of an area fully enclosed by a fence. Such fence shall be constructed in such a manner as may be prescribed by the commission.

(3) A person who violates this section or any regulation pertaining to hunting enclosures is guilty of a Class II violation and is punishable as provided in Section 49-7-143, Mississippi Code of 1972 , and may, at the discretion of the commission, have his permit revoked for a period of twelve (12) months. A second or subsequent violation shall be punished by the maximum allowable fine as provided in Section 49-7-143 .
Miss. Code Ann. § 49-15-12 — MS Code / Title 49 / Chapter 10 / Section 15-12
Miss. Code Ann. § 49-15-12
Status: in_force

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

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

(b) The transfer of personnel shall be commensurate with the number and classification of positions (PINS) allocated to the Division of Marine Law Enforcement on January 1, 1999. The transfer shall also include direct support, clerical, data processing, communications and boating safety pins and resources.
Miss. Code Ann. § 49-31-9 — MS Code / Title 49 / Chapter 2 / Section 31-9
Miss. Code Ann. § 49-31-9
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

(k) “Waste minimization” means the reduction, to the extent feasible, of waste that is generated or subsequently treated, stored or disposed of. It includes any source reduction or recycling activity undertaken by a generator or facility operator that results in either (i) the reduction of total volume or quantity of waste, or (ii) the reduction of toxicity or other characteristics of hazardous waste, or both, so long as the reduction does not result in the displacement of pollutants from one medium to another and is consistent with the goal of minimizing present and future threats to human health and the environment.
Miss. Code Ann. § 49-13-19 — MS Code / Title 49 / Chapter 6 / Section 13-19
Miss. Code Ann. § 49-13-19
Status: in_force

Each person, firm or corporation, holding a commercial quail breeder's license shall keep permanent records in a suitable, permanently bound book of all birds' carcasses sold, to whom sold, the date of the sale, the address of the vendee or consignee and the number of carcasses sold, which record, as well as the premises of such licensed breeder, shall be subject to examination and inspection by any agent of the department or peace officer for violations of this chapter, without the issuance of any warrant upon displaying his credentials of authority to such breeder.
Miss. Code Ann. § 49-17-75 — MS Code / Title 49 / Chapter 10 / Section 17-75
Miss. Code Ann. § 49-17-75
Status: in_force

The commission contemplated by Article IV of the above compact shall consist of three (3) members, as follows: One legislator, who may either be a member of the Mississippi State Senate or the Mississippi House of Representatives, to be appointed by the Mississippi Commission on Interstate Co-operation, and two (2) executive officers or employees in the executive branch of the state government whose duties, experience and abilities qualify them for such a position, to be appointed by the governor. Each member of the commission must be a qualified voter of this state and shall serve for a term of four (4) years and be eligible to immediately succeed himself.
Miss. Code Ann. § 49-17-501 — MS Code / Title 49 / Chapter 1 / Section 17-501
Miss. Code Ann. § 49-17-501
Status: in_force

Sections 49-17-501 through 49-17-531 shall be known as and may be cited as the “Lead-Based Paint Activity Accreditation and Certification Act.”
Miss. Code Ann. § 49-31-21 — MS Code / Title 49 / Chapter 25 / Section 31-21
Miss. Code Ann. § 49-31-21
Status: in_force

(1) The department shall require waste minimization plans to be provided by each generator of hazardous waste who is regulated as a large quantity generator or a small quantity generator under Mississippi hazardous waste management regulations and each facility operator required to file a report under Section 313 of EPCRA. The generators and facility operators shall provide a plan for each site where waste is generated or chemicals are released.

(2) Waste minimization plans for large quantity generators and for facility operators required to file a report under Section 313 of EPCRA, shall include, at a minimum:

(a) A written policy describing ownership and management support for pollution prevention and waste minimization and implementation of the plan;

(b) The scope and objectives of the plan, including the evaluation of technologies, procedures and personnel training programs to ensure waste minimization;

(c) An explanation and documentation of waste minimization efforts completed or in progress before the first reporting date;

(d) An analysis of waste streams, and identification of opportunities to eliminate waste generation. The analysis shall include review of individual processes and facilities and other activities where wastes may be generated, evaluation of data on the types, amounts and hazardous and toxic constituents of waste generated, and potential waste minimization techniques applicable to those wastes;

(e) An identification of waste management costs;

(f) An identification of employee awareness and training programs to involve employees in waste minimization planning and implementation to the maximum extent feasible;

(g) The establishment of performance goals for the minimization of wastes which shall be expressed in numeric terms, to the extent practicable.

(3) The department shall develop appropriate, but less stringent, requirements for waste minimization plans to be prepared by small quantity generators.

(4) All generators and facility operators required to prepare a waste minimization plan shall update annually their waste minimization plan. The annual update shall include at a minimum:

(a) An analysis and quantification of progress made, if any, in waste minimization, relative to each performance goal established under subsection (2)(g) of this section; and

(b) Any amendments to the waste minimization plan and an explanation of the need for the amendments.

(5) For purposes of this section, a generator or facility operator shall permit the department or its designee to review the waste minimization plan.

(6) From the waste minimization plan and each annual update, the generator or facility operator shall submit to the department a certified report of the types and quantities of wastes generated, and the types and quantities of wastes minimized. To the extent practicable, the department shall coordinate the submission of this certified report with other reporting requirements placed on large quantity and small quantity hazardous waste generators and facility operators.

(7) The certified report shall include a narrative summary explaining the waste generation and minimization data, a description of goals and progress made in minimizing the generation of wastes, and a description of any impediments to the minimization of wastes.
Miss. Code Ann. § 49-7-34 — MS Code / Title 49 / Chapter 6 / Section 7-34
Miss. Code Ann. § 49-7-34
Status: in_force

(1) The Commission on Wildlife, Fisheries and Parks shall not prohibit the operation of a hunting enclosure for hunting or pursuing rabbit, fox or coyote, but the commission may prescribe regulations and require a permit for the operation of such hunting enclosures. Application for the permit shall be submitted to the Department of Wildlife, Fisheries and Parks. The department shall inspect and approve such hunting enclosure before issuing a permit. The permit fee shall be a reasonable amount, to be determined by the commission.

(2) Such hunting enclosure shall consist of an area fully enclosed by a fence. Such fence shall be constructed in such a manner as may be prescribed by the commission.

(3) A person who violates this section or any regulation pertaining to hunting enclosures is guilty of a Class II violation and is punishable as provided in Section 49-7-143, Mississippi Code of 1972 , and may, at the discretion of the commission, have his permit revoked for a period of twelve (12) months. A second or subsequent violation shall be punished by the maximum allowable fine as provided in Section 49-7-143 .
Miss. Code Ann. § 49-7-42 — MS Code / Title 49 / Chapter 3 / Section 7-42
Miss. Code Ann. § 49-7-42
Status: in_force

It is lawful at all times for any person, upon the issuance of a permit by the commission, to train bird dogs through the use of release pens and tamed and identified quail. The tamed quail shall be identified through the use of tags or dye. Permits shall be issued upon approval of the commission and upon payment of the sum of Three Dollars ($3.00) each. The permits shall be displayed openly upon each release pen. A permit shall be valid for a period of one (1) year from the date of issuance. The training of bird dogs and the taking of birds shall be conducted under the rules and regulations of the commission. The tamed and identified quail may be recaptured through the use of release pens when the pens have been properly identified by a permit attached thereto.
Miss. Code Ann. § 49-25-5 — MS Code / Title 49 / Chapter 4 / Section 25-5
Miss. Code Ann. § 49-25-5
Status: in_force

(a) The term “junk” shall mean old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.

(b) The term “automobile graveyard” shall mean any establishment or place of business which is maintained, used, or operated for storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicle parts.

(c) The term “junkyard” shall mean an establishment or place of business which is maintained, operated, or used for storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills.

(d) “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 state highway commission, and approved by the secretary of commerce, pursuant to the provisions of Title 23, United States Code, “Highway.”

(e) “Primary system” means that portion of connected main highways, as officially designated, or as may hereafter be so designated, by the state highway commission, and approved by the secretary of commerce, pursuant to the provisions of Title 23, United States Code, “Highways.”
Miss. Code Ann. § 49-19-17 — MS Code / Title 49 / Chapter 13 / Section 19-17
Miss. Code Ann. § 49-19-17
Status: in_force

The state and county boards of public education are directed to provide for proper courses of instruction by textbooks, or lectures on the general subject of forestry in all the public schools and colleges of this state; and they are further directed to provide for the celebration of arbor day by all public schools, on which day ornamental and shade trees, flowers, etc., are to be placed, where practicable, on the grounds surrounding all public schoolhouses.
Miss. Code Ann. § 49-15-317 — MS Code / Title 49 / Chapter 5 / Section 15-317
Miss. Code Ann. § 49-15-317
Status: in_force

Any charter or recreational fishing boat in the Gulf of Mexico over twenty-four (24) hours before returning to land may fillet any fish caught by its charter or recreational fishermen. The commission shall not adopt any rule or ordinance prohibiting or unduly restricting the filleting of fish by such charter or recreational fishing boats.
Miss. Code Ann. § 49-19-147 — MS Code / Title 49 / Chapter 8 / 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. § 49-35-5 — MS Code / Title 49 / Chapter 10 / Section 35-5
Miss. Code Ann. § 49-35-5
Status: in_force

The following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:

(a) “ Brownfield agreement ” means an agreement between the commission and a brownfield party for the remediation of a brownfield agreement site.

(b) “ Brownfield agreement site ” means brownfield property that is remediated under a brownfield agreement. The site shall consist of the brownfield property that is the subject of the application and any other brownfield property (i) for which the source of contamination is environmental contamination or activities on or under the brownfield property that is the subject of the application, and (ii) concerning which the commission determines that remediation is necessary.

(c) “ Brownfield party ” means any person who desires to execute and implement a brownfield agreement, including but not limited to, the record owner of the brownfield agreement site, a person who desires to either buy or sell the brownfield agreement site for the purpose of developing or redeveloping that site and the successors and assigns of these owners and persons, and local governments and other political subdivisions that desire to promote the development or redevelopment of the brownfield agreement site.

(d) “ Brownfield property ” means any property where use is limited by actual or potential environmental contamination, or the perception of environmental contamination, and that is or may be subject to remediation under any state environmental program or under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 USCS 9601 et seq. (1997) (CERCLA), but does not include any of the following:

(i) Those sites proposed by the United States Environmental Protection Agency for the National Priorities List (NPL) but not listed on the NPL or those sites listed on the NPL, except those NPL sites for which the United States Environmental Protection Agency has issued certificates of completion of the remediation set forth in the records of decision for those sites;

(ii) Those sites for which an order or enforcement action is issued or entered under CERCLA or Sections 3008(h), 3013(a) or 7003(c) of the Resource Conservation and Recovery Act of 1976, as amended, 42 USCS 6901 et seq. (1994 and Supp. 1997) (RCRA) and which is still in effect; and

(iii) Those sites undergoing corrective action under RCRA Section 3004(u), 3004(v) or 3008(h), except those sites that the United States Environmental Protection Agency determines have completed corrective action.

(e) “ Commission ” means the Commission on Environmental Quality.

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

(g) “ Engineering control ” means a modification to a brownfield agreement site to reduce or eliminate the potential for exposure to contaminants. These modifications may include, but are not limited to, physical or hydraulic control measures, capping, point of use treatment, or slurry walls, but shall not include the exclusive use of security fencing.

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

(i) “ Land-use restriction ” means the limitation on use of or access to a brownfield agreement site to reduce or eliminate the potential for exposure to contaminants. These restrictions may include, but are not limited to, deed restrictions, use restrictions, or restrictive zoning.

(j) “ Local government ” means a county or municipality within the State of Mississippi.

(k) “ Person ” means person as defined in Section 17-17-3 .

(l) “ Potentially responsible party ” means a person who is or may be liable for remediation under a remedial program.
Miss. Code Ann. § 49-15-45 — MS Code / Title 49 / Chapter 9 / Section 15-45
Miss. Code Ann. § 49-15-45
Status: reserved

Any municipality bounded by the Gulf of Mexico or Mississippi Sound, which has wholly or partly within its corporate limits, or in the waters adjacent thereto, a public oyster reef reserved for catching oysters exclusively by use of hand tongs, is hereby authorized to aid and cooperate with the department in enforcing all laws regulating the catching, taking and transporting of oysters, including all of the provisions of this chapter, and all regulations and ordinances of such department relating to such oyster reefs.
Miss. Code Ann. § 49-15-44 — MS Code / Title 49 / Chapter 11 / Section 15-44
Miss. Code Ann. § 49-15-44
Status: in_force

The department shall prohibit the sale or possession of illegal oysters. It is unlawful for any person, firm or corporation to possess or to engage in the sale of oysters not certified in this state, or to shuck or repack for sale any illegal oysters, unless that person, firm or corporation possesses a bill of sale, valid permit or affidavit of another state, properly dated, evidencing the legality of the sale or possession of the oysters in that state. Any person in possession of illegal oysters shall be subject to civil or criminal prosecution and shall be fined not less than One Hundred Dollars ($100.00) or punished as provided in Section 49-15-63 .
Miss. Code Ann. § 49-17-83 — MS Code / Title 49 / Chapter 10 / Section 17-83
Miss. Code Ann. § 49-17-83
Status: in_force

For the purposes of Sections 49-17-81 through 49-17-89 , the following words and phrases shall have the meaning ascribed in this section:

(a) “Administrator” means the Administrator of the United States Environmental Protection Agency.

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

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

(d) “Emergency fund” means the “Water Pollution Control Emergency Loan Fund” created under Section 49-17-86 .

(e) “Loan agreement” means an agreement by and among the commission, a political subdivision and the State Tax Commission to evidence the terms and provisions of a loan under Sections 49-17-81 through 49-17-89 .

(f) “Loan fund” means the Water Pollution Abatement Loan Fund created pursuant to Section 49-17-61 .

(g) “Municipal security” means a bond, note or other evidence of indebtedness issued by a political subdivision to evidence a loan pursuant to the provisions of Sections 49-17-81 through 49-17-89 .

(h) “Political subdivision” means any county, municipality, utility, district, political subdivision, or other governmental unit created under state law.

(i) “Project” means a publicly owned wastewater collection, treatment or disposal system including sludge disposal, renovation, repair and upgrading of existing systems, nonpoint source pollution control management programs and estuary conservation and management programs, and otherwise qualified under rules of the commission pursuant to the federal Water Quality Act of 1987.

(j) “Revolving fund” means the Mississippi Water Pollution Control Revolving Fund created under Section 49-17-85 .

(k) “State” means the State of Mississippi.
Miss. Code Ann. § 49-5-76 — MS Code / Title 49 / Chapter 1 / Section 5-76
Miss. Code Ann. § 49-5-76
Status: in_force

The Mississippi Commission on Wildlife, Fisheries and Parks may solicit and receive gifts, donations, contributions and other monies, including bequests and devises, on behalf of the Mississippi Wildlife, Fisheries and Parks Foundation and, upon receipt thereof, shall transfer and remit such gifts, donations, contributions and monies so received to the foundation for its use.
Miss. Code Ann. § 49-18-3 — MS Code / Title 49 / Chapter 7 / Section 18-3
Miss. Code Ann. § 49-18-3
Status: in_force

For the purposes of this chapter the term:

(a) “Damages” means damages of any kind for which liability may exist under the laws of this state resulting from, arising out of, or related to the discharge or threatened discharge of oil;

(b) “Discharge” means any emission (other than natural seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying or dumping;

(c) “Federal on-scene coordinator” means the federal official predesignated by the U.S. Environmental Protection Agency or the U.S. Coast Guard to coordinate and direct federal responses under subpart D, or the official designated by the lead agency to coordinate and direct removal under subpart E, of the National Contingency Plan;

(d) “National Contingency Plan” means the National Contingency Plan prepared and published under Section 311(d) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(d) ), as amended by the Oil Pollution Act of 1990, Pub.L. No. 101-380, 104 Stat. 484 (1990) ;

(e) “Oil” means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse and oil mixed with wastes other than dredged spoil; but does not include petroleum, including crude oil or any fraction thereof, which is specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of Section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9601 ) and which is subject to the provisions of that act;

(f) “Person” means an individual, corporation, partnership, association, state, municipality, commission, or political subdivision of a state, or any interstate body;

(g) “Removal costs” means the costs of removal that are incurred after a discharge of oil has occurred or, in any case in which there is a substantial threat of a discharge of oil, the costs to prevent, minimize or mitigate oil pollution from such an incident;

(h) “Responsible party” means a responsible party as defined under Section 1001 of the Oil Pollution Act of 1990, Pub.L. No. 101-380, 104 Stat. 484 (1990).
Miss. Code Ann. § 49-7-103 — MS Code / Title 49 / Chapter 5 / Section 7-103
Miss. Code Ann. § 49-7-103
Status: in_force

The following property is subject to forfeiture: any firearm, equipment, appliance, conveyance or other property used directly or indirectly in the hunting or catching or capturing or killing of deer at night with any headlight, lighting device or light amplifying device, or in fishing for, or killing or capturing fish by using a telephone, magneto, battery, or any other electrically operated device including but not limited to any all-terrain vehicle, trailer, boat, outboard motor, airplane, net, light, battery, magneto, wires, telephone device, or any other device or contrivance or other vehicle, or which may be used in the transportation of any dead or live deer taken, captured, or killed at night with or by means of a headlight, lighting device or light amplifying device, or any dead or live fish killed, stunned, captured, or taken by using a telephone, battery, magneto, or any other electrically operated device. No motor vehicle that is of the type required to be titled under the Mississippi Motor Vehicle Title Law is subject to forfeiture. Property subject to forfeiture shall be seized by any employee of the department or other officer of the law including any sheriff or deputy sheriff. Upon the seizure of such property proceedings shall be instituted pursuant to Sections 49-7-251 through 49-7-257 .
Miss. Code Ann. § 49-17-527 — MS Code / Title 49 / Chapter 1 / Section 17-527
Miss. Code Ann. § 49-17-527
Status: in_force

It is unlawful to:

(a) Fail or refuse to comply with any rule, regulation or order of the commission issued under Sections 49-17-501 through 49-17-531 ;

(b) Fail or refuse to establish, maintain, provide, copy, or permit access to records or reports as required by Sections 49-17-501 through 49-17-531 regulations adopted under Sections 49-17-501 through 49-17-531 ;

(c) Fail or refuse to permit entry or inspection as required by Sections 49-17-501 through 49-17-531 or regulations adopted under Sections 49-17-501 through 49-17-531 ;

(d) Obtain certification through fraudulent representation;

(e) Fail to obtain certification from the commission or the United States Environmental Protection Agency and perform work requiring certification at a job site; or

(f) Fraudulently obtain certification and engage in any lead-based paint activities requiring certification.
Miss. Code Ann. § 49-17-745 — MS Code / Title 49 / Chapter 10 / Section 17-745
Miss. Code Ann. § 49-17-745
Status: in_force

(1) The county authority shall have the power, duty and responsibility to exercise general supervision over the design, construction, operation and maintenance of water, wastewater and storm water systems.

(2) The county authority shall adopt rules and regulations regarding the design, construction or installation, operation and maintenance of water, wastewater and storm water systems.

(3) The county authority shall adopt rules and regulations regarding the use of decentralized treatment systems, individual on-site wastewater treatment systems and centralized wastewater treatment systems.

(4) The county authority shall adopt rules establishing performance standards for water, wastewater and storm water systems and the operation and maintenance of the same. Such rules and regulations shall include the implementation of a standard application form for the installation, operation and maintenance of such systems; application review; approval or denial procedures for any proposed system; inspection, monitoring and reporting guidelines; and enforcement procedures.

(5)(a) Before a building or development which requires the installation of a water, wastewater or storm water system is constructed, the system must be submitted to the county authority for certification that the system complies with the county authority requirements for such system.

(b) Before approving or renewing a water, wastewater or storm water related permit for a system within a county authority, the state agency must require certification that the system complies with the requirements of the county authority.

(6) Any system of any municipality, public agency or other persons which contracts with a county authority, shall be subject to the terms of that contract and the terms of this act.

(7) Notwithstanding the provisions of Section 51-39-1 et seq. , the county authority shall have the full power to adopt rules and regulations and to construct, maintain and operate facilities for the control of storm water quality and quantity. In addition, the provisions of Section 51-33-1 et seq. relating to drainage districts and flood control districts do not apply to the county authority.

(8) The county authority may control and operate the local retail water, wastewater or storm water services and may provide or be responsible for direct servicing of those services to residences, businesses and individuals; however, the county authority shall not provide the same service in an area provided by a public utility or person holding a certificate of public convenience and necessity issued by the Mississippi Public Service Commission for the provision of such services in the certificated area.
Miss. Code Ann. § 49-31-9 — MS Code / Title 49 / Chapter 28 / Section 31-9
Miss. Code Ann. § 49-31-9
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

(k) “Waste minimization” means the reduction, to the extent feasible, of waste that is generated or subsequently treated, stored or disposed of. It includes any source reduction or recycling activity undertaken by a generator or facility operator that results in either (i) the reduction of total volume or quantity of waste, or (ii) the reduction of toxicity or other characteristics of hazardous waste, or both, so long as the reduction does not result in the displacement of pollutants from one medium to another and is consistent with the goal of minimizing present and future threats to human health and the environment.
Miss. Code Ann. § 49-15-91 — MS Code / Title 49 / Chapter 11 / Section 15-91
Miss. Code Ann. § 49-15-91
Status: in_force

The commission may establish a maximum number of crab pots allowable per licensee.
Miss. Code Ann. § 49-39-5 — MS Code / Title 49 / Chapter 1 / 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. § 49-4-22 — MS Code / Title 49 / Chapter 4 / Section 4-22
Miss. Code Ann. § 49-4-22
Status: in_force

(1) Every court shall keep a record of the proceedings of every case in which a person is charged with any violation of game and fish laws or regulations.

(2) Unless otherwise sooner required by law, within forty-five (45) days after the conviction of a person upon a charge of violating any game or fish law or regulation the clerk of the court shall prepare and immediately forward to the Department of Wildlife, Fisheries and Parks an abstract of the record of the court and the abstract must be certified by the person so authorized to prepare the same to be true and correct.

(3) The abstract must be made upon a form approved by the Department of Wildlife, Fisheries and Parks, and shall include the name and address of the party charged, the number of the uniform citation, the nature of the offense, the date of hearing, the plea, the judgment, and if the fine was satisfied by prepayment or appearance bond forfeiture, and the amount of the fine or forfeiture, as the case may be.

(4) The Department of Wildlife, Fisheries and Parks shall keep copies of all abstracts for a period of at least three (3) years at its main office and the record shall be open to public inspection during reasonable business hours.
Miss. Code Ann. § 49-17-771 — MS Code / Title 49 / Chapter 13 / Section 17-771
Miss. Code Ann. § 49-17-771
Status: in_force

The state hereby covenants with the registered owners of any bonds of any county authority that so long as the bonds are outstanding and unpaid the state will not limit or alter the rights and powers of any county authority under this act to conduct the activities referred to herein in any way pertinent to the interests of the bondholders, including, without limitation, such county authority's right to charge and collect rates, fees, assessments and charges and to fulfill the terms of any covenants made with the registered owners of the bonds, or in any other way impair the rights and remedies of the registered owners of the bonds, unless provision for full payment of such bonds, by escrow or otherwise, has been made pursuant to the terms of the bonds or the resolution, trust indenture or security interest securing the bonds.
Miss. Code Ann. § 49-17-531 — MS Code / Title 49 / Chapter 15 / Section 17-531
Miss. Code Ann. § 49-17-531
Status: in_force

The commission may establish requirements for reciprocity for accreditation and certification of risk assessors, project designers, supervisors, renovators, dust sampling technicans 1 , inspectors and workers with other states that have established accreditation and certification programs that meet or exceed the requirements established by the commission for accreditation and certification in this state.
Miss. Code Ann. § 49-17-35 — MS Code / Title 49 / Chapter 13 / Section 17-35
Miss. Code Ann. § 49-17-35
Status: in_force

Any interested person shall have the right to request the commission to call a hearing for the purpose of taking action in respect to any matter within the jurisdiction of the commission by making a request therefor in writing. Upon receipt of any such request, the commission shall conduct such investigations as it deems necessary and may call a special hearing or may schedule such matter for its next regular meeting or hearing day, and after such hearings and with all convenient speed and in any event within thirty (30) days after the conclusion of such hearing shall take such action on the subject matter thereof as it may deem appropriate.
Miss. Code Ann. § 49-28-41 — MS Code / Title 49 / Chapter 9 / Section 28-41
Miss. Code Ann. § 49-28-41
Status: in_force

This chapter, without reference to any statute, is full and complete authority for the creation of the district and for the issuance of bonds. No proceedings shall be required for the creation of the district or for the issuance of bonds other than those provided for and required in this chapter. All necessary powers to be exercised by the board of supervisors and by the board of commissioners of the district in order to carry out this chapter are conferred under this section.
Miss. Code Ann. § 49-27-17 — MS Code / Title 49 / Chapter 5 / Section 27-17
Miss. Code Ann. § 49-27-17
Status: in_force

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

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

(b) All known present owners of record of adjacent land as reflected by current tax assessment rolls and all known claimants to water or riparian rights in or adjacent to the coastal wetlands affected.
Miss. Code Ann. § 49-19-7 — MS Code / Title 49 / Chapter 19 / Section 19-7
Miss. Code Ann. § 49-19-7
Status: in_force

(1) The Mississippi Forestry Commission shall keep itself informed as to the known varieties of pine beetles and other timber insect pests and diseases, the origin, locality, nature and appearance thereof, the manner in which they are disseminated, and approved methods of treatment, control and eradication. The commission shall from time to time make rules and regulations for carrying out the provisions and requirements of this section, including rules and regulations under which its employees shall (1) inspect places, timber, and timber products, and other things and substances used or connected therewith, (2) investigate, control, eradicate and prevent the dissemination of pine beetles and other timber insect pests and diseases, and (3) supervise or cause the treatment, cutting and destruction of timber or timber products and other things infested or infected therewith. The commission's employees shall have authority to carry out and execute the regulations and orders of the commission and shall have authority, under direction of the commission, to carry out provisions of this section.

(2) The Mississippi Forestry Commission and its employees shall have the authority to enter upon any and all timber lands for the purpose of carrying out the provisions of this section.

(3) All known varieties of pine beetles and other insect pests and diseases infesting or infecting or likely to infest or infect timber or timber products in this state shall be listed by the state forestry commission, and every such variety of pine beetle and every such insect pest or disease listed and all timber and timber products infested or infected therewith are hereby declared to be a public nuisance.

(4) Before entering upon any lands for the purpose of removing any infested or infected timber having a value in excess of one hundred dollars ($100.00), where the owner of such land will not cause the removal of such infested or infected timber, the forestry commission shall first secure an order of the chancery court in term time or in vacation authorizing the commission to effect such removal. Process on any resident owner in any such proceeding shall be served as other process, and process on any non-resident owner shall be had by mailing such process by registered mail, return receipt requested, to the last known address of such non-resident or by publication in three weekly issues of a newspaper published in the county where such timber land is located if no mailing address is known. Any hearing under provisions of this section may be set at any time five days after date of service of process, or in case of publication five days after completion of such publication.

(5) It is the purpose of this section to authorize and empower the state forestry commission to control disease or insect infections or infestations in timber and timber products within this state. It is not the purpose of this section to transfer any powers from the state plant board to the state forestry commission. Use of the word “timber” shall be deemed to refer to such trees as are normally used in the manufacture of lumber and the term “timber products” shall be deemed to refer to products manufactured from such trees normally used in the manufacture of lumber.
Miss. Code Ann. § 49-7-30 — MS Code / Title 49 / Chapter 1 / Section 7-30
Miss. Code Ann. § 49-7-30
Status: in_force

The season for taking nongame gross fish by hand or rope shall be from May 1 to July 15.
Miss. Code Ann. § 49-19-35 — MS Code / Title 49 / Chapter 6 / Section 19-35
Miss. Code Ann. § 49-19-35
Status: in_force

As used in this section:

(a) “ Biomass ” means bioenergy feedstocks from forest products manufacturing, including, without limitation:

(i) Forest products manufacturing residuals, including, without limitation:

1. Pulping liquors;

2. Pulping byproducts;

3. Woody manufacturing residuals;

4. Paper recycling residuals;

5. Wastewater and processed water treatment plant residuals; and

6. Anaerobic digester biogas;

(ii) Harvest residues, including, without limitation, trees or portions of harvested trees;

(iii) Downed wood from extreme weather events or natural disasters;

(iv) Nonhazardous landscape or right-of-way trimmings and municipal trimmings;

(v) Plant material removed for purposes of invasive or noxious plant species control;

(vi) Biowaste, including, without limitation, landfill gas;

(vii) Forest biomass derived from residues created as a byproduct of timber harvesting;

(viii) Forest management activities conducted for timber stand improvement or to increase yield, ecological restoration or to maintain or enhance forest health;

(ix) Biomass materials described by the United States Environmental Protection Agency as fuels under 40 CFR Statute 241.1 et seq., as it existed on January 1, 2023; and

(x) Other used wood products, including, without limitation, crates and pallets.

(b) “ Bioenergy with carbon capture and storage ” means the process of capturing and permanently storing carbon dioxide from biomass energy generation.
Miss. Code Ann. § 49-2-81 — MS Code / Title 49 / Chapter 1 / Section 2-81
Miss. Code Ann. § 49-2-81
Status: in_force

Sections 49-2-81 through 49-2-87 shall be known and may be cited as the Home-Generated Medical Sharps Disposal Act.
Miss. Code Ann. § 49-39-1 — MS Code / Title 49 / Chapter 3 / Section 39-1
Miss. Code Ann. § 49-39-1
Status: in_force

This chapter shall be known and may be cited as the “Mississippi Outdoor Stewardship Act.”
Miss. Code Ann. § 49-27-19 — MS Code / Title 49 / Chapter 8 / Section 27-19
Miss. Code Ann. § 49-27-19
Status: in_force

(a) Any person who files a written objection pursuant to Section 49-27-15 may appear at the public hearing and be heard.

(b) The burden of proof shall be on the applicant, whether a hearing is held or not; provided, however, no application shall be denied without giving the applicant a right to a hearing according to the provisions of this chapter.
Miss. Code Ann. § 49-7-58.4 — MS Code / Title 49 / Chapter 1 / 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. § 49-7-81 — MS Code / Title 49 / Chapter 6 / Section 7-81
Miss. Code Ann. § 49-7-81
Status: in_force

(1) It is unlawful to take or kill game fish in any manner other than by hook and line with one or more hooks, or by use of a trot or troll line. Dip or landing nets may be used when landing a fish caught by hook and line, trot or troll lines. Shad and minnows may only be taken as bait with the aid of a dip or landing net, cast nets, boat-mounted scoops and wire baskets by residents for personal use in sportfishing. However, in private ponds or borrow pits or overflow ponds which go dry in summer and cut off from the regular streams, dip nets may be used for capturing or rescuing game fish. It is unlawful to kill or take fish of any species at any time or anywhere by mudding, or by the use of lime, poison, dynamite, India berries, weeds and walnuts, giant powder, gunpowder, or any other explosive, and no nongame gross fish shall be taken by the use of nets, seines or traps for personal use without a commercial fishing license. It is unlawful to set any freshwater commercial fishing equipment so that it extends more than halfway across the width of any stream, channel, drain or other body of water, and if commercial fishing equipment is placed in water, each piece of equipment shall be placed at least one hundred (100) yards apart. The commission shall have the authority to fix the minimum size mesh for use in barrel nets, hoop nets and seines for use in the freshwaters of this state regulated by the Commission on Wildlife, Fisheries and Parks. This authority given the commission shall not be extended to the regulation of mesh size for use in marine waters. Notwithstanding anything in this or any other section to the contrary, any person in Mississippi fishing with barrel nets, hoop nets or seines in any waters of common boundary between Mississippi and another state may use a mesh size in such nets which is the same as the mesh size allowed in the other state, where the other state allows a mesh size in such nets which is smaller than the mesh size otherwise allowable in Mississippi.

(2) It is unlawful for any person to catch or destroy fish by the use of dynamite, gunpowder or other explosive substance.

(3) It is unlawful for any person to use a telephone, battery or any other electrically operated device for the purpose of killing or capturing fish.

(4) It is unlawful for any person to use any chemical of any kind in any stream or any lake where the public fishes for the purpose of killing or taking fish, except that this provision shall not be construed to apply to any owner of any fish pond using such chemical in his own private pond.

(5) It is unlawful for any person to poison any fish by mingling in the water any substance calculated and intended to stupefy or destroy fish.

(6) It is unlawful for any person to fish any equipment in the waters of the state of any size or type that is not allowed by the commission.

(7) Any hoop net, barrel net, seine, gill net, slat baskets, trammel net or untagged commercial fishing gear or devices being fished in public waters may be seized and held as evidence and shall be subject to forfeiture.

(8) Any person violating the provisions of subsections (2), (3), (4), (5) and (6) of this section is guilty of a Class I violation and, upon conviction, shall be punished as provided in Section 49-7-141 .
Miss. Code Ann. § 49-15-65 — MS Code / Title 49 / Chapter 9 / Section 15-65
Miss. Code Ann. § 49-15-65
Status: in_force

The justice courts of the respective counties or county courts shall have original jurisdiction of any prosecution or suit brought under authority of this chapter, or of any violation of any ordinance duly enacted by the commission. However, from each decision or judgment, whether from a fine or imprisonment, there shall be allowed an appeal, and such appeals and trials shall be had as now provided by law.
Miss. Code Ann. § 49-7-78 — MS Code / Title 49 / Chapter 7 / Section 7-78
Miss. Code Ann. § 49-7-78
Status: in_force

For purposes of this section, the term “ canned hunts ” means the practice of providing a hunting opportunity under controlled conditions in which native game animals hunted may not have a reasonable opportunity to avoid the hunter. Canned hunts are prohibited in the state. The commission shall adopt regulations it deems necessary to prohibit and control such hunts. Nothing in this section shall prohibit the operation of private shooting preserves or commercial wildlife enclosures as authorized by statute.
Miss. Code Ann. § 49-25-21 — MS Code / Title 49 / Chapter 17 / Section 25-21
Miss. Code Ann. § 49-25-21
Status: in_force

The State Highway Commission is hereby authorized to enter into agreements with the United States Secretary of Commerce as provided by Title 23, United States Code, relating to the control of junkyards in areas adjacent to the interstate and primary systems, and to take action in the name of the state to comply with the terms of such agreement.
Miss. Code Ann. § 49-15-413 — MS Code / Title 49 / Chapter 7 / Section 15-413
Miss. Code Ann. § 49-15-413
Status: in_force

Each violation of the rules and regulations set forth in Title 22 of the Administrative Code or violations of the statutes set forth in Chapters 15 and 27 of Title 49, and Chapter 21 of Title 59, Mississippi Code of 1972 , shall be subject to the imposition of a civil penalty up to Ten Thousand Dollars ($10,000.00).
Miss. Code Ann. § 49-17-531 — MS Code / Title 49 / Chapter 1 / 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. § 49-27-23 — MS Code / Title 49 / Chapter 2 / 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.
Miss. Code Ann. § 49-15-96 — MS Code / Title 49 / Chapter 7 / Section 15-96
Miss. Code Ann. § 49-15-96
Status: in_force

Vessels licensed under Section 49-15-64.5 may keep in whole, for personal consumption only the following types of fish which are caught in the shrimp nets or trawls of the vessel: white trout; croaker, black drum, and ground mullet (Family Sciaenidae); sheepshead (Family Sparidae); gafftopsail catfish (Family Ariidae); and flounder (Family Bothidae and Family Pleuronectidae ). The cumulative total of fish shall not exceed twenty-five (25) pounds. In addition, a vessel may keep three (3) dozen blue crabs (portunidae family). This exemption for personal consumption does not apply to fish or crabs that are otherwise illegal to possess or catch.
Miss. Code Ann. § 49-17-1 — MS Code / Title 49 / Chapter 5 / Section 17-1
Miss. Code Ann. § 49-17-1
Status: in_force

Sections 49-17-1 through 49-17-43 may be cited as the “Mississippi Air and Water Pollution Control Law.”
Miss. Code Ann. § 49-15-31 — MS Code / Title 49 / Chapter 4 / Section 15-31
Miss. Code Ann. § 49-15-31
Status: in_force

(1) The department may construct, maintain and operate all patrol stations, camps and related facilities as may be deemed necessary by the department.

(2) If a regulatory agency of a foreign state establishes a station or checkpoint through which Mississippi residents must pass for license, permit or catch inspection, or otherwise, the department shall establish similar stations or checkpoints through which residents of the foreign states shall be required to pass.
Miss. Code Ann. § 49-28-43 — MS Code / Title 49 / Chapter 19 / Section 28-43
Miss. Code Ann. § 49-28-43
Status: in_force

Within ninety (90) days after the close of each fiscal year, the board of commissioners shall publish in a newspaper of general circulation in the county in which the district is located a sworn statement showing the financial condition of the district, including the revenues and expenses of the district for the fiscal year just ended. The statement shall also be furnished to the board of supervisors of the county in which the district lies.
Miss. Code Ann. § 49-23-9 — MS Code / Title 49 / Chapter 4 / Section 23-9
Miss. Code Ann. § 49-23-9
Status: in_force

(1) In addition to the authority set out in this chapter, the commission shall have authority to promulgate rules and regulations regarding the configuration and location of outdoor advertising signs provided for in Section 49-23-5 . At a minimum, the rules and regulations shall conform to the national standards promulgated pursuant to Title 23 of the United States Code and the standards set out in an agreement entered into under Section 49-23-27 .

(2)(a) For signs erected prior to July 1, 2003, the maximum size of any outdoor sign or other advertising device shall be one thousand two hundred (1,200) square feet;

(b) For sign structures erected on or after July 1, 2003, the maximum area for any one (1) sign face shall be six hundred seventy-two (672) square feet, the maximum height shall be fourteen (14) feet and the maximum length shall be forty-eight (48) feet, inclusive of any border and trim on the sign face, but excluding any embellishment on, and cut-out extension of, the sign face, the base or apron, supports and other structural members. The height of sign structures erected on or after April 15, 2008, or any replacements thereof shall not exceed forty (40) feet above the level of the road grade unless the grade of the land adjacent to the road is higher than the level of the road grade, then the height of the sign structure may exceed forty (40) feet above the level of the road grade but shall not exceed forty (40) feet above the grade of the site where the sign is placed. Any embellishment on or cut-out extension of any sign face shall not exceed twenty percent (20%) of the square footage of such sign face.

(3) The area of any sign face shall be measured by the smallest square, rectangle, triangle or circle or combination thereof which will encompass the entire sign.

(4) Sign structures erected on or after July 1, 2003, may contain one (1) or two (2) signs per face and may use only a side-by-side, back-to-back or V-type configuration and no other; provided, however, that if two (2) signs are used facing the same direction, the aggregate total area shall not exceed six hundred seventy-two (672) square feet.

(5) All illuminated outdoor signs or other advertising devices shall be so illuminated as to adhere to the customary practices of the industry in Mississippi and in conformance with national standards. No lighting devices shall be used which in any way imitate any traffic control device, railroad sign or signal, or highway directional signs.

(6) All outdoor signs and other advertising devices located within one-half ( 1 / 2 ) mile of an intersection of two (2) or more primary highways, or a primary highway and the Great River Road, or an interchange on the interstate system shall be erected and/or maintained with a minimum spacing between structures of five hundred (500) feet, unless separated by another commercial building or structure, other than outdoor advertising, in which case outdoor advertising may be permitted on one or more sides of building or buildings. The minimum spacing requirement of five hundred (500) feet between structures shall not apply to signs in existence on April 15, 2008.

(7) No two (2) signs shall be spaced less than five hundred (500) feet apart, except as to signs in existence on April 15, 2008, which shall not be removed by Sections 49-23-1 through 49-23-29 . This spacing limitation shall apply to areas within incorporated cities, towns, villages and in zoned and unzoned industrial or commercial areas.
Miss. Code Ann. § 49-31-7 — MS Code / Title 49 / Chapter 9 / Section 31-7
Miss. Code Ann. § 49-31-7
Status: in_force

The purposes of this chapter are:

(a) To establish state policy with regard to the role of pollution prevention and recycling in waste management;

(b) To promote pollution prevention, reuse and recycling of waste in lieu of treatment or disposal of waste;

(c) To require all state agencies to aid and promote the development of recycling through the establishment of recycling programs;

(d) To require all state agencies to aid and promote the development of recycling through the establishment of policies for the procurement of goods containing recycled materials;

(e) To establish statewide pollution prevention and waste reduction goals;

(f) To provide for the creation and administration of the Mississippi Multimedia Pollution Prevention Program;

(g) To promote pollution prevention through the requirement of educational curricula for primary and secondary schools;

(h) To foster the education of the general public and the training of waste management professionals to reduce the production of waste, to prevent pollution and to encourage recycling;

(i) To establish and maintain a cooperative state program of planning and technical and financial assistance for the use of pollution prevention and recycling in waste management;

(j) To mandate waste minimization planning by certain generators and facility operators for the reduction of waste;

(k) To encourage the development of pollution prevention and recycling programs as a means of managing waste and conserving resources through planning, grants, technical assistance and other incentives;

(l) To encourage local governments to develop and implement recycling programs within their jurisdictions to return valuable materials to productive use and to protect capacity at waste management facilities;

(m) To further the development of the state's recycling industry by promoting the successful development of markets for recycled items; and

(n) To provide for the funding of the Mississippi Multimedia Pollution Prevention Program through the establishment of a pollution prevention fee.
Miss. Code Ann. § 49-11-7 — MS Code / Title 49 / Chapter 1 / Section 11-7
Miss. Code Ann. § 49-11-7
Status: in_force

Each license issued by the department shall designate whether or not the preserve or commercial wildlife enclosure is open to the public on a commercial basis, or is restricted to a membership or other limited group. In the latter case, the license shall specify that the area is a restricted shooting preserve or commercial wildlife enclosure. The department shall maintain accurate listings of the names and addresses of the licensees and the location of the property. These lists shall be made available in their entirety to anyone requesting a copy, and shall specify whether the preserves or enclosures are public or private.
Miss. Code Ann. § 49-17-68 — MS Code / Title 49 / Chapter 6 / Section 17-68
Miss. Code Ann. § 49-17-68
Status: in_force

The Pollution Emergency Fund is hereby created in the State Treasury. All fines, penalties or other money recovered or collected by the commission under Sections 17-17-29 and 49-17-43 shall be deposited into appropriate accounts in such fund. The commission is further authorized to receive and accept additional funds from any other source to be deposited into the Pollution Emergency Fund. The commission is authorized to utilize any funds in the Pollution Emergency Fund for the purpose of mitigation, abatement, clean-up or other remedial actions and related technical investigations involving the introduction of pollutants, including hazardous wastes, upon or into the land, air or waters of this state and may be used for the purpose of providing the required state matching funds to assist the U.S. Environmental Protection Agency in furtherance of its remedial clean-up program. When the acceptance of such funds by the commission is conditioned on the return of those funds to the grantor after use and recovery, such funds shall be returned to the grantor.
Miss. Code Ann. § 49-17-103 — MS Code / Title 49 / Chapter 2 / Section 17-103
Miss. Code Ann. § 49-17-103
Status: in_force

Upon compliance with procedures prescribed herein, and subject to the provisions hereinafter stated in Sections 49-17-105 through 49-17-123 , any municipality is hereby authorized and empowered:

(a) To acquire, purchase, construct, operate, maintain and replace pollution control facilities;

(b) To enlarge, expand and improve existing pollution control facilities;

(c) To issue bonds for the purpose of defraying the cost of facilities contemplated by subsections (a) and (b) above;

(d) To enter into agreements with any industry situated in the municipality to construct, operate, maintain, repair and replace said facilities;

(e) To enter into a lease/sale with an industry for the lease and/or sale of such facilities to such industry;

(f) To accept any state or federal grant that may be available to defray any part of the cost of such facilities. Provided, however, the agreements contemplated by subsections (d) and (e) above shall contain terms and conditions under which the industry shall pay to the municipality, or trustee, if any, for the bonds contemplated by subsection (c) above, such sums of money and at such periods as will equal the aggregate of principal, interest and redemption premium, if any, due on the bonds and also the costs, if any, to the municipality of operating, maintaining, insuring, repairing and replacing such facilities, or portions thereof, including a reasonable amount for reserves. Provided, further, any agreement contemplated by subsection (e) above shall further contain terms and conditions pursuant to which the said facilities shall be conveyed to the industry.
Miss. Code Ann. § 49-23-25 — MS Code / Title 49 / Chapter 13 / Section 23-25
Miss. Code Ann. § 49-23-25
Status: in_force

In order to provide information in the specific interest of the traveling public, the State Highway Commission is hereby authorized to maintain maps and to permit informational directories and advertising pamphlets to be made available at safety rest areas, and to establish information centers at safety rest areas for the purpose of informing the public of places of interest within the state and providing such other information as may be considered desirable.
Miss. Code Ann. § 49-39-1 — MS Code / Title 49 / Chapter 15 / Section 39-1
Miss. Code Ann. § 49-39-1
Status: in_force

This chapter shall be known and may be cited as the “Mississippi Outdoor Stewardship Act.”
Miss. Code Ann. § 49-15-109 — MS Code / Title 49 / Chapter 11 / Section 15-109
Miss. Code Ann. § 49-15-109
Status: in_force

The commissioner shall keep accurate accounts of all receipts and disbursements and shall report to the Governor and the Legislature of the State of Mississippi on or before the tenth day of February in each year, setting forth in detail the transactions conducted by it during the twelve (12) months preceding January 1st of that year, and shall make recommendations for any legislative action deemed by it advisable, including amendments to the statutes of the State of Mississippi which may be necessary to carry out the intent and purposes of the compact between the signatory states.

The auditor of the State of Mississippi is hereby authorized and empowered from time to time to examine the accounts and books of the commission, including its receipts, disbursements, and such other items referring to its financial standing as such auditor may deem proper, and to report the results of such examination to the Governor of the state.
Miss. Code Ann. § 49-35-51 — MS Code / Title 49 / Chapter 4 / Section 35-51
Miss. Code Ann. § 49-35-51
Status: in_force

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

(a) “ NPL property subject to restoration ” means any property on a site that is (i) proposed by the United States Environmental Protection Agency for the National Priorities List (NPL) but not listed on the NPL; or (ii) listed on the NPL, except those NPL sites for which the United States Environmental Protection Agency has issued certificates of completion of the remediation set forth in the records of decision for those sites.

(b) “ Bona fide prospective purchaser ” means a person who acquires ownership of a facility located on NPL property subject to restoration and who establishes the criteria set forth in 42 USCS Section 9601(40) .

(c) “ Owner of NPL property subject to restoration ” means a person who has purchased or otherwise is the owner of record, other than any person or entity who caused the contamination, of NPL property subject to restoration.
Miss. Code Ann. § 49-35-7 — MS Code / Title 49 / Chapter 19 / Section 35-7
Miss. Code Ann. § 49-35-7
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(iv) A schedule of remediation activities;

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

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

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

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

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

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

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

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

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

(8) The applicant brownfield party and the commission may agree to remediation of a brownfield property which is not the subject of the application to a risk level of unrestricted use.
Miss. Code Ann. § 49-28-37 — MS Code / Title 49 / Chapter 27 / Section 28-37
Miss. Code Ann. § 49-28-37
Status: in_force

If the owners of a majority of the front footage of the property to be assessed under the front foot rule, or if the owners of a majority of the area of the property to be assessed under the area rule, as described in Section 49-28-35 , file a written protest objecting to the assessments authorized under this chapter, then the board of commissioners shall not proceed with the special assessment.
Miss. Code Ann. § 49-15-7 — MS Code / Title 49 / Chapter 3 / Section 15-7
Miss. Code Ann. § 49-15-7
Status: in_force

All shells of dead oysters, clams and other shellfish; and all of the oyster shells, clam shells, mussel shells, dead reef shells, and cay shells, being upon or under the bottom of, or under the tidewaters within the territorial jurisdiction of the State of Mississippi, and all beds, banks and accumulations of such shells within such territorial jurisdiction on or under the bottoms of such waters, or surrounded by such waters, being the property of the State of Mississippi are hereby further declared to be the property of the State of Mississippi under the jurisdiction of the department.
Miss. Code Ann. § 49-15-100 — MS Code / Title 49 / Chapter 6 / Section 15-100
Miss. Code Ann. § 49-15-100
Status: in_force

(1) It is unlawful for any person, firm or corporation to set a gill or trammel net in the marine waters of the state north of Highway 90.

(2)(a) For a first offense, a violation of this section is punishable by a fine of not less than Two Thousand Dollars ($2,000.00), nor more than Four Thousand Dollars ($4,000.00) and the department may initiate forfeiture proceedings for the net and catch. For subsequent violations, a person is subject to a fine of not less than Four Thousand Dollars ($4,000.00), nor more than Ten Thousand Dollars ($10,000.00) and shall forfeit nets and catch. 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.

(b) The penalties for a violation of this section shall not be suspended or reduced.
Miss. Code Ann. § 49-17-513 — MS Code / Title 49 / Chapter 6 / Section 17-513
Miss. Code Ann. § 49-17-513
Status: in_force

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

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

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

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

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

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

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

(c) Demonstrate to the satisfaction of the commission that the applicant is familiar with and capable of complying fully with all applicable federal and state laws and regulations.
Miss. Code Ann. § 49-31-1 — MS Code / Title 49 / Chapter 5 / Section 31-1
Miss. Code Ann. § 49-31-1
Status: in_force

This chapter shall be known and may be cited as the “Mississippi Multimedia Pollution Prevention Act.”
Miss. Code Ann. § 49-19-407 — MS Code / Title 49 / Chapter 13 / Section 19-407
Miss. Code Ann. § 49-19-407
Status: in_force

The Executive Directors of the Mississippi Forestry Commission, the Mississippi Development Authority, the MSU Forest and Wildlife Research Center, and the Cooperative Extension Service shall establish a procedure and guidelines for the coordination of outreach and education programs. It shall be the duty of each agency to cooperate and to promote a coordinated outreach and education program to increase the utilization of private nonindustrial forest landowner forest resources and increase profitability for such resources.
Miss. Code Ann. § 49-15-61 — MS Code / Title 49 / Chapter 8 / 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. § 49-15-81 — MS Code / Title 49 / Chapter 11 / Section 15-81
Miss. Code Ann. § 49-15-81
Status: in_force

(1) The term “ saltwater minnow ” as used in this section shall mean any species within the families Cyprinodontidae, Fundulidae or Poeciliidae.

(2) Before beginning operations to catch or transport saltwater minnows for sale, fishermen must obtain a saltwater live bait license and pay a fee according to the following schedule: A resident shall pay a fee of Fifty Dollars ($50.00), a nonresident shall pay a fee of One Hundred Dollars ($100. 00) or if the nonresident's domicile state charges more than One Hundred Dollars ($100.00) for residents of Mississippi to engage in a like activity, then that applicant shall pay the same fee or fees that the applicant's domicile state charges residents of Mississippi.

(3) All minnow traps placed in or on the marine waters of the State of Mississippi shall have a corrosion resistant metal or plastic tag attached to the trap to permanently mark the minnow traps for ownership. The tag used to mark the traps shall be legibly and permanently stamped with letters containing the applicable licensed minnow fishermen's full name. The minimum height of the letters shall be at least three-sixteenths ( 3 / 16 ) of an inch. The tags shall be supplied by the minnow fisherman.

(4) Licensed live bait catcher boats and licensed live bait dealers involved in the transporting of minnows are exempt from the commercial minnow licensing requirement in subsection (2) of this section.
Miss. Code Ann. § 49-19-217 — MS Code / Title 49 / Chapter 1 / Section 19-217
Miss. Code Ann. § 49-19-217
Status: in_force

If an eligible owner cannot provide his own resources or procure a private vendor to implement any approved practice, the commission, in its discretion, may act as vendor by utilizing employees, equipment, materials and supplies of the commission. In such event, the commission shall charge the eligible owner a sum equal to the established rate of the commission for providing such service. Payments for such charge shall be collected, received, and recorded in the same manner as other sales and services funds received by the commission.
Miss. Code Ann. § 49-15-34 — MS Code / Title 49 / Chapter 1 / Section 15-34
Miss. Code Ann. § 49-15-34
Status: in_force

(1) The department shall require all boats used under regulation of this chapter which are also used in waters of other states and required by those states to pay licenses or fees for the same purposes as licenses and fees are required under this chapter to purchase a license which reflects that the licensed boats are used inside and outside the territorial waters of Mississippi. Upon the issuance of that license, the licensed boat, if used exclusively for commercial fishing or charter boats which have been licensed and authorized by the United States Coast Guard under 46 CFR Sections 24 - 26 and 46 CFR Sections 175-187 , shall be deemed to be in the business of interstate transportation, but this shall in no way affect the collection of other licenses and fees by the department which would otherwise be due under this chapter. The department shall assess and collect an annual license fee of Twenty Dollars ($20.00) on each boat engaged in operations under this subsection.

(2) Notwithstanding the provisions of this chapter, the department shall establish a transport permit to land seafood in this state which is legally taken outside of the Mississippi territorial waters without obtaining a license under this chapter. The department by regulation shall require the registration of those landings. The department may establish a permit fee in an amount not to exceed the amount of the license fee established in Section 49-15-28(1) . This subsection shall not be construed to supersede Section 49-15-71 .
Miss. Code Ann. § 49-7-78 — MS Code / Title 49 / Chapter 4 / Section 7-78
Miss. Code Ann. § 49-7-78
Status: in_force

For purposes of this section, the term “ canned hunts ” means the practice of providing a hunting opportunity under controlled conditions in which native game animals hunted may not have a reasonable opportunity to avoid the hunter. Canned hunts are prohibited in the state. The commission shall adopt regulations it deems necessary to prohibit and control such hunts. Nothing in this section shall prohibit the operation of private shooting preserves or commercial wildlife enclosures as authorized by statute.
Miss. Code Ann. § 49-33-17 — MS Code / Title 49 / Chapter 2 / Section 33-17
Miss. Code Ann. § 49-33-17
Status: in_force

All the provisions of this chapter are subject to Sections 11-46-1 et seq., 49-2-9 , 49-2-13 , 49-17-17 , 17-17-1 , 41-67-3 and 41-67-15, Mississippi Code of 1972 .
Miss. Code Ann. § 49-7-38.1 — MS Code / Title 49 / Chapter 5 / Section 7-38.1
Miss. Code Ann. § 49-7-38.1
Status: in_force

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

(2) The commission may establish and regulate special youth hunts for all nonmigratory game birds and animals outside of the open season on wildlife management areas and on private lands for youth under the age of eighteen (18) who are deemed to have a life threatening illness. This permit may be for any number of days in length but only for the class of persons deemed to have a life threatening illness by the commission. The commission shall select participants, set the cost of permits, if any, the number of permits to be issued and the length of the special permit.
Miss. Code Ann. § 49-15-405 — MS Code / Title 49 / Chapter 10 / Section 15-405
Miss. Code Ann. § 49-15-405
Status: in_force

(1) If the alleged violator requests a formal hearing within thirty (30) days from the receipt of the finding and imposed fine, or within fifteen (15) days from the receipt of the executive director's decision following the information settlement, the executive director shall designate a representative of the Attorney General's office to preside over the hearing and render a finding and recommendation as provided in this section.

(2) A duly qualified court reporter shall be in attendance and shall make a full and complete transcript of the proceedings. The hearing shall be closed unless the alleged violator requests a public hearing. The hearing officer shall have the right and duty to impose reasonable restrictions as he may deem necessary or appropriate to ensure orderly, expeditious and impartial proceedings, and shall admit all relevant and material evidence except evidence which is unduly repetitious. Hearsay shall be admissible to the extent permitted by the hearing officer.

(3) For purposes of such hearing, the hearing officer is hereby empowered to require the attendance of witnesses, administer oaths and hear testimony, either oral or documentary, for and against the alleged violator. The hearing officer shall have the authority to issue subpoenas to compel the attendance of witnesses and the production of books, papers, records or other documentary evidence at a hearing. Subpoenas to be issued shall be delivered to the sheriff of the county where they are to be executed and the sheriff shall serve them. In case of the failure of any person to comply with any subpoena issued by the hearing officer, the hearing officer may invoke the aid of any court of general jurisdiction of this state. The court may thereupon order such person to comply with the requirements of the subpoena. Failure to comply with the order of the court may be treated as contempt thereof.

(4) At the conclusion of the hearing, the hearing officer shall issue a written recommendation incorporating his findings of facts and conclusions of law regarding whether a violation has occurred and the appropriate penalty, if any, that he may assess not to exceed Ten Thousand Dollars ($10,000.00) per violation.

(5) The hearing officer's recommendation shall then be forwarded to the executive director who will make the final decision regarding whether a violation has occurred and the appropriate penalty, if any.

(6) The executive director's final decision shall be delivered to the alleged violator.
Miss. Code Ann. § 49-31-13 — MS Code / Title 49 / Chapter 28 / Section 31-13
Miss. Code Ann. § 49-31-13
Status: in_force

(1) The department shall complete a comprehensive study of the status of pollution prevention and recycling activities in Mississippi. The study shall address, but not be limited to, the following:

(a) The types and quantities of wastes generated in the state, the existing system for management of wastes, and pollution prevention and recycling efforts to date in the state;

(b) The advisability, feasibility and potential impacts of waste stream reduction through statutory restraints;

(c) The identification of key business, industry, academic institutions and governmental entities which should receive priorities in technical assistance;

(d) The establishment of the program priorities, objectives, missions and goals for pollution prevention and recycling in the state, including a methodology for assessing the efficiency and effectiveness of the program in attaining program goals and objectives;

(e) The development of a methodology to assess progress in minimizing waste, preventing pollution and recycling in the state; and

(f) Any other information deemed necessary by the department to carry out the purposes of this chapter.

(2) The study shall be presented to the Chairman of the Conservation and Water Resources Committee of the Mississippi House of Representatives and the Environmental Protection, Conservation and Water Resources Committee of the Mississippi Senate by the second day of each legislative session.
Miss. Code Ann. § 49-19-31 — MS Code / Title 49 / Chapter 8 / Section 19-31
Miss. Code Ann. § 49-19-31
Status: in_force

(1) There is hereby created a Joint Study Committee on Forestry in Mississippi. The committee shall study and make recommendations, including recommended legislation regarding the Forestry Commission, coordination of forestry policy, the coordination of overlapping conservation practices by state agencies, the seedling shortage and other matters related to the forestry industry.

(2) The committee shall be composed of the following members:

(a) The Chairman of the Senate Forestry Committee, Chairman of the Senate Agriculture Committee, and two (2) members of the forestry committee appointed by the Lieutenant Governor.

(b) The Chairman of the House Agriculture Committee and three (3) members of the agriculture committee appointed by the Speaker of the House of Representatives.

(c) The Chairman of the Senate Forestry Committee and the Chairman of the House Agriculture Committee shall serve as co-chairs of the committee.

(3) The members of the joint committee shall be paid from the contingent expense funds of their respective houses in the same manner as provided for committee meetings when the Legislature is not in session and shall obtain the approval of their respective management committees for per diem and travel expense expenditures of the committee.

(4) The committee shall utilize clerical and legal staff employed by the Legislature and may utilize any assistance made available to it by any state agency.

(5) Upon presentation of its final report the committee shall be dissolved.
Miss. Code Ann. § 49-28-3 — MS Code / Title 49 / Chapter 3 / Section 28-3
Miss. Code Ann. § 49-28-3
Status: in_force

A petition for the incorporation of a shoreline and beach preservation district may be submitted to the board of supervisors of a county, referred to in this chapter as “board of supervisors,” signed by not less than twenty-five (25) owners of real property residing within the boundaries of the proposed district. The petition shall include: (a) a statement of the necessity for the creation of the proposed district; (b) the proposed corporate name for the district; (c) the proposed boundaries of the district, which shall not include any property used for industrial purposes, unless the owner of that property submits a written request to the board of supervisors to be included in the district; (d) an estimate of the cost of special improvement projects to be conducted and maintained by the district; however the estimate shall not serve as a limitation upon the financing of any project; (e) a statement of whether or not the board of supervisors of the county shall exercise the authority to levy the tax outlined in Section 49-28-27 ; and (f) a statement of whether or not the board of supervisors of the county shall exercise the authority to make assessments as outlined in Section 49-28-29 . The petition shall be signed in person by the petitioners, with their respective residence addresses. The petition shall be accompanied by a sworn statement of the person or persons circulating the petition stating that the person or persons witnessed the signature of each petitioner, that each signature is the signature of the person it purports to be, and that, to the best of the person's or persons' knowledge, each petitioner was at the time of signing an owner of real property within and a resident of the proposed district.
Miss. Code Ann. § 49-19-217 — MS Code / Title 49 / Chapter 10 / Section 19-217
Miss. Code Ann. § 49-19-217
Status: in_force

If an eligible owner cannot provide his own resources or procure a private vendor to implement any approved practice, the commission, in its discretion, may act as vendor by utilizing employees, equipment, materials and supplies of the commission. In such event, the commission shall charge the eligible owner a sum equal to the established rate of the commission for providing such service. Payments for such charge shall be collected, received, and recorded in the same manner as other sales and services funds received by the commission.
Miss. Code Ann. § 49-7-91 — MS Code / Title 49 / Chapter 5 / Section 7-91
Miss. Code Ann. § 49-7-91
Status: in_force

(1) It is unlawful for any person, firm, or corporation to fish commercially at any time in Muddy Bayou, in Warren County, Mississippi.

(2) The department may enforce this section and seize and confiscate all commercial nets and seines used in Muddy Bayou, in Warren County, Mississippi, or on any part of the bayou, either along the length or at its two (2) openings in and to Eagle Lake and Steele Bayou.

(3) Any person violating this section is guilty of a misdemeanor and shall be fined not less than Ten Dollars ($10.00), nor more than One Hundred Dollars ($100.00), or be imprisoned not more than three (3) months, or both; and in addition the department shall seize and confiscate all commercial nets and seines used for such purpose, and dispose of the same at private sale and place the proceeds to the credit of the State Game and Fish Fund.
Miss. Code Ann. § 49-17-527 — MS Code / Title 49 / Chapter 2 / Section 17-527
Miss. Code Ann. § 49-17-527
Status: in_force

It is unlawful to:

(a) Fail or refuse to comply with any rule, regulation or order of the commission issued under Sections 49-17-501 through 49-17-531 ;

(b) Fail or refuse to establish, maintain, provide, copy, or permit access to records or reports as required by Sections 49-17-501 through 49-17-531 regulations adopted under Sections 49-17-501 through 49-17-531 ;

(c) Fail or refuse to permit entry or inspection as required by Sections 49-17-501 through 49-17-531 or regulations adopted under Sections 49-17-501 through 49-17-531 ;

(d) Obtain certification through fraudulent representation;

(e) Fail to obtain certification from the commission or the United States Environmental Protection Agency and perform work requiring certification at a job site; or

(f) Fraudulently obtain certification and engage in any lead-based paint activities requiring certification.
Miss. Code Ann. § 49-13-5 — MS Code / Title 49 / Chapter 1 / Section 13-5
Miss. Code Ann. § 49-13-5
Status: in_force

Any person, firm or corporation may engage in the business of propagating pen-raised quail for the commercial sale for consumption thereof by complying with the provisions of this chapter and may thereafter sell either live quail or the carcasses of such pen-raised quail either within or without this state.
Miss. Code Ann. § 49-28-33 — MS Code / Title 49 / Chapter 27 / 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. § 49-17-531 — MS Code / Title 49 / Chapter 7 / Section 17-531
Miss. Code Ann. § 49-17-531
Status: in_force

The commission may establish requirements for reciprocity for accreditation and certification of risk assessors, project designers, supervisors, renovators, dust sampling technicans 1 , inspectors and workers with other states that have established accreditation and certification programs that meet or exceed the requirements established by the commission for accreditation and certification in this state.
Miss. Code Ann. § 49-17-81 — MS Code / Title 49 / Chapter 1 / Section 17-81
Miss. Code Ann. § 49-17-81
Status: in_force

Sections 49-17-81 through 49-17-89 shall be known and cited as the “Mississippi Water Pollution Control Revolving Fund and Emergency Loan Fund Act.”
Miss. Code Ann. § 49-17-516 — MS Code / Title 49 / Chapter 4 / 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. § 49-15-100 — MS Code / Title 49 / Chapter 2 / Section 15-100
Miss. Code Ann. § 49-15-100
Status: in_force

(1) It is unlawful for any person, firm or corporation to set a gill or trammel net in the marine waters of the state north of Highway 90.

(2)(a) For a first offense, a violation of this section is punishable by a fine of not less than Two Thousand Dollars ($2,000.00), nor more than Four Thousand Dollars ($4,000.00) and the department may initiate forfeiture proceedings for the net and catch. For subsequent violations, a person is subject to a fine of not less than Four Thousand Dollars ($4,000.00), nor more than Ten Thousand Dollars ($10,000.00) and shall forfeit nets and catch. 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.

(b) The penalties for a violation of this section shall not be suspended or reduced.
Miss. Code Ann. § 49-15-405 — MS Code / Title 49 / Chapter 7 / Section 15-405
Miss. Code Ann. § 49-15-405
Status: in_force

(1) If the alleged violator requests a formal hearing within thirty (30) days from the receipt of the finding and imposed fine, or within fifteen (15) days from the receipt of the executive director's decision following the information settlement, the executive director shall designate a representative of the Attorney General's office to preside over the hearing and render a finding and recommendation as provided in this section.

(2) A duly qualified court reporter shall be in attendance and shall make a full and complete transcript of the proceedings. The hearing shall be closed unless the alleged violator requests a public hearing. The hearing officer shall have the right and duty to impose reasonable restrictions as he may deem necessary or appropriate to ensure orderly, expeditious and impartial proceedings, and shall admit all relevant and material evidence except evidence which is unduly repetitious. Hearsay shall be admissible to the extent permitted by the hearing officer.

(3) For purposes of such hearing, the hearing officer is hereby empowered to require the attendance of witnesses, administer oaths and hear testimony, either oral or documentary, for and against the alleged violator. The hearing officer shall have the authority to issue subpoenas to compel the attendance of witnesses and the production of books, papers, records or other documentary evidence at a hearing. Subpoenas to be issued shall be delivered to the sheriff of the county where they are to be executed and the sheriff shall serve them. In case of the failure of any person to comply with any subpoena issued by the hearing officer, the hearing officer may invoke the aid of any court of general jurisdiction of this state. The court may thereupon order such person to comply with the requirements of the subpoena. Failure to comply with the order of the court may be treated as contempt thereof.

(4) At the conclusion of the hearing, the hearing officer shall issue a written recommendation incorporating his findings of facts and conclusions of law regarding whether a violation has occurred and the appropriate penalty, if any, that he may assess not to exceed Ten Thousand Dollars ($10,000.00) per violation.

(5) The hearing officer's recommendation shall then be forwarded to the executive director who will make the final decision regarding whether a violation has occurred and the appropriate penalty, if any.

(6) The executive director's final decision shall be delivered to the alleged violator.
Miss. Code Ann. § 49-4-39 — MS Code / Title 49 / Chapter 4 / Section 4-39
Miss. Code Ann. § 49-4-39
Status: in_force

(1) As used in this section:

(a) “ Boat ” means a vessel used by a guide or outfitter for taking paying customers on recreational freshwater fishing excursions.

(b) “ Guide ” means a person who advises or shows the way to others on a boat.

(c) “ Outfitter ” means an establishment that sells freshwater fishing services.

(d) “ Captain ” or “ skipper ” means a person who is at the helm, controls or steering of a boat.

(e) “ Boat mate ” and “ crew ” mean one or more employees assisting the guide, outfitter, captain or skipper on a boat.

(2) The commission may regulate hunting, fishing and wildlife viewing, guide and outfitter services. The commission shall have the following powers and duties:

(a) Prescribe the form and type of licenses;

(b) Prescribe an annual distinguishable decal for each boat;

(c) Except as otherwise provided in this section, establish fees for the types of licenses; the fee for guide and outfitter services annual licenses shall not be less than Five Hundred Dollars ($500.00) for residents and shall not be less than Two Thousand Dollars ($2,000.00) for nonresidents;

(d) Require one-year proof of residency and a valid sportsman's license for residents;

(e) Require a valid nonresident fishing license for nonresidents;

(f) Require First Aid/CPR certification; and

(g) Exercise all powers to make regulations for enforcement and safety of such services.

(3) A fishing guide, outfitter, skipper or captain that uses a boat to provide fishing guide services shall obtain an annual boat license and decal for a fee of at least Twenty-five Dollars ($25.00). In order to obtain a boat license and decal, an applicant must register the boat being used with the department and provide to the department a copy of the driver's license of the guide, outfitter, skipper or captain and proof of liability insurance and such other information as the department may require by regulation.

(4) A violation of this section or any regulation created by the commission exercising its powers to regulate safety and services is a Class II violation and is punishable as provided in Section 49-7-143 .
Miss. Code Ann. § 49-19-175 — MS Code / Title 49 / Chapter 4 / Section 19-175
Miss. Code Ann. § 49-19-175
Status: in_force

The state forester of Mississippi shall act as “compact administrator” for the State of Mississippi and represent Mississippi in the Southeastern Interstate Forest Fire Protection Compact. The “advisory committee” shall be composed of four (4) members as follows: (1) One member of the senate, (2) one member of the house of representatives, each of whom shall be appointed by the Mississippi Commission on Interstate Cooperation, (3) the state forester or his successor, or a comparable official, in the event of amendment to the present law, who shall be appointed by the governor and shall serve as chairman of the advisory committee, and (4) one member shall be associated with forestry or forest products industries, to be appointed by the governor; each member shall serve for a term of four (4) years and be eligible to immediately succeed himself. Advisory committee members shall be reimbursed for all necessary travel expenses incurred while attending compact meetings provided the total expenditure of the four members does not exceed One Thousand Two Hundred Dollars ($1,200.00) per year.
Miss. Code Ann. § 49-17-501 — MS Code / Title 49 / Chapter 7 / Section 17-501
Miss. Code Ann. § 49-17-501
Status: in_force

Sections 49-17-501 through 49-17-531 shall be known as and may be cited as the “Lead-Based Paint Activity Accreditation and Certification Act.”
Miss. Code Ann. § 49-11-19 — MS Code / Title 49 / Chapter 8 / Section 11-19
Miss. Code Ann. § 49-11-19
Status: in_force

Operators may establish shooting limitations and restrictions on the age, sex and number of each species of released game that may be taken by each person.
Miss. Code Ann. § 49-35-5 — MS Code / Title 49 / Chapter 23 / Section 35-5
Miss. Code Ann. § 49-35-5
Status: in_force

The following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:

(a) “ Brownfield agreement ” means an agreement between the commission and a brownfield party for the remediation of a brownfield agreement site.

(b) “ Brownfield agreement site ” means brownfield property that is remediated under a brownfield agreement. The site shall consist of the brownfield property that is the subject of the application and any other brownfield property (i) for which the source of contamination is environmental contamination or activities on or under the brownfield property that is the subject of the application, and (ii) concerning which the commission determines that remediation is necessary.

(c) “ Brownfield party ” means any person who desires to execute and implement a brownfield agreement, including but not limited to, the record owner of the brownfield agreement site, a person who desires to either buy or sell the brownfield agreement site for the purpose of developing or redeveloping that site and the successors and assigns of these owners and persons, and local governments and other political subdivisions that desire to promote the development or redevelopment of the brownfield agreement site.

(d) “ Brownfield property ” means any property where use is limited by actual or potential environmental contamination, or the perception of environmental contamination, and that is or may be subject to remediation under any state environmental program or under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 USCS 9601 et seq. (1997) (CERCLA), but does not include any of the following:

(i) Those sites proposed by the United States Environmental Protection Agency for the National Priorities List (NPL) but not listed on the NPL or those sites listed on the NPL, except those NPL sites for which the United States Environmental Protection Agency has issued certificates of completion of the remediation set forth in the records of decision for those sites;

(ii) Those sites for which an order or enforcement action is issued or entered under CERCLA or Sections 3008(h), 3013(a) or 7003(c) of the Resource Conservation and Recovery Act of 1976, as amended, 42 USCS 6901 et seq. (1994 and Supp. 1997) (RCRA) and which is still in effect; and

(iii) Those sites undergoing corrective action under RCRA Section 3004(u), 3004(v) or 3008(h), except those sites that the United States Environmental Protection Agency determines have completed corrective action.

(e) “ Commission ” means the Commission on Environmental Quality.

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

(g) “ Engineering control ” means a modification to a brownfield agreement site to reduce or eliminate the potential for exposure to contaminants. These modifications may include, but are not limited to, physical or hydraulic control measures, capping, point of use treatment, or slurry walls, but shall not include the exclusive use of security fencing.

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

(i) “ Land-use restriction ” means the limitation on use of or access to a brownfield agreement site to reduce or eliminate the potential for exposure to contaminants. These restrictions may include, but are not limited to, deed restrictions, use restrictions, or restrictive zoning.

(j) “ Local government ” means a county or municipality within the State of Mississippi.

(k) “ Person ” means person as defined in Section 17-17-3 .

(l) “ Potentially responsible party ” means a person who is or may be liable for remediation under a remedial program.
Miss. Code Ann. § 49-15-31 — MS Code / Title 49 / Chapter 10 / Section 15-31
Miss. Code Ann. § 49-15-31
Status: in_force

(1) The department may construct, maintain and operate all patrol stations, camps and related facilities as may be deemed necessary by the department.

(2) If a regulatory agency of a foreign state establishes a station or checkpoint through which Mississippi residents must pass for license, permit or catch inspection, or otherwise, the department shall establish similar stations or checkpoints through which residents of the foreign states shall be required to pass.
Miss. Code Ann. § 49-19-175 — MS Code / Title 49 / Chapter 8 / Section 19-175
Miss. Code Ann. § 49-19-175
Status: in_force

The state forester of Mississippi shall act as “compact administrator” for the State of Mississippi and represent Mississippi in the Southeastern Interstate Forest Fire Protection Compact. The “advisory committee” shall be composed of four (4) members as follows: (1) One member of the senate, (2) one member of the house of representatives, each of whom shall be appointed by the Mississippi Commission on Interstate Cooperation, (3) the state forester or his successor, or a comparable official, in the event of amendment to the present law, who shall be appointed by the governor and shall serve as chairman of the advisory committee, and (4) one member shall be associated with forestry or forest products industries, to be appointed by the governor; each member shall serve for a term of four (4) years and be eligible to immediately succeed himself. Advisory committee members shall be reimbursed for all necessary travel expenses incurred while attending compact meetings provided the total expenditure of the four members does not exceed One Thousand Two Hundred Dollars ($1,200.00) per year.
Miss. Code Ann. § 49-17-761 — MS Code / Title 49 / Chapter 13 / Section 17-761
Miss. Code Ann. § 49-17-761
Status: in_force

Bonds issued under the provisions of this act shall not be deemed to constitute, within the meaning of any constitutional or statutory limitation, an indebtedness of the county authority. Such bonds shall be payable solely from the revenues or assets of the county authority pledged therefor. Each bond issued under this act shall contain on the face thereof a statement to the effect that such county authority shall not be obligated to pay the same nor the interest thereon except from the revenues or assets pledged therefor.
Miss. Code Ann. § 49-15-47 — MS Code / Title 49 / Chapter 1 / Section 15-47
Miss. Code Ann. § 49-15-47
Status: in_force

(1) It is unlawful for any person, firm or corporation to discharge solid or human waste from any vessel while the vessel is used to harvest or transport oysters in the marine waters of the state.

(2) Each vessel used to harvest or transport oysters is required to have an approved functional marine sanitation device (MSD), portable toilet or other sewage disposal receptacle designed to contain human sewage. The approved marine sanitation device (MSD), portable toilet or other sewage disposal receptacle shall:

(a) Be used only for the purpose intended.

(b) Be secured while on board and located to prevent contamination of shell stock by spillage or leakage.

(c) Be emptied only into an approved sewage disposal system.

(d) Be cleaned before being returned to the vessel.

(e) Not be cleaned with equipment used for washing or processing food.

(3) The use of other receptacles for sewage disposal may be approved by the department if the receptacles are:

(a) Constructed of impervious, cleanable materials and have tight-fitting lids; and

(b) Meet the requirements listed in subsection (2).

(4) Any person, firm or corporation violating the provisions of this chapter, shall, on conviction, be fined not less than Five Thousand Dollars ($5,000.00), and the license of the convicted party shall be revoked for one (1) year. For conviction of a second offense, the fine shall be not less than Ten Thousand Dollars ($10,000.00), and the license of the convicted party shall be revoked for two (2) years. For a conviction of a third offense, the fine shall be not less than One Hundred Thousand Dollars ($100,000.00), and the license of the convicted party shall be permanently revoked.

(5) Upon issuance of a citation for a violation of this section, the vessel shall be removed from the oyster reef and any oysters on board the vessel shall be confiscated and disposed of by the department. The vessel shall not be permitted to harvest from any state-owned or private reefs until the vessel is properly equipped as determined by an inspection by the department.
Miss. Code Ann. § 49-33-15 — MS Code / Title 49 / Chapter 28 / Section 33-15
Miss. Code Ann. § 49-33-15
Status: in_force

The provisions of this chapter are severable, and if any provision of this chapter is held invalid by a court of competent jurisdiction, the invalidity shall not affect the other provisions of this chapter that can be given effect without the invalid provision.
Miss. Code Ann. § 49-5-14 — MS Code / Title 49 / Chapter 4 / Section 5-14
Miss. Code Ann. § 49-5-14
Status: in_force

In addition to the powers and duties now conferred upon the Commission on Wildlife, Fisheries and Parks, the commission may, in its discretion, establish the land in Yalobusha County or Grenada County necessary and requisite for the construction and maintenance thereon of a fox preserve or refuge. The commission also may enter into contracts with private landowners for the purpose of designating certain portions of land in Yalobusha County and Grenada County as a fox preserve or refuge.
Miss. Code Ann. § 49-17-765 — MS Code / Title 49 / Chapter 2 / Section 17-765
Miss. Code Ann. § 49-17-765
Status: in_force

The county authority may, in any authorizing resolution of the board of directors, trust indenture or other security instrument relating to its bonds issued pursuant to this act, provide for the appointment of a trustee who shall have such powers as are provided therein to represent the registered owners of any issue of bonds in the enforcement or protection of their rights under any such resolution, trust indenture or security instrument. The county authority may also provide in such resolution, trust indenture or other security instrument that the trustee, or in the event that the trustee so appointed shall fail or decline to so protect and enforce such registered owners' rights then such percentage of registered owners as shall be set forth in, and subject to the provisions of, such resolution, trust indenture or other security interest, may petition the court of proper jurisdiction for the appointment of a receiver of the county authority's systems, the revenues of which are pledged to the payment of the principal of and interest on the bonds of such registered owners. Such receiver may exercise any power as may be granted in any such resolution, trust indenture or security instrument to enter upon and take possession of, acquire, construct or reconstruct or operate and maintain such system, fix charges for services of the system and enforce collection thereof, and receive all revenues derived from such system or facilities and perform the public duties and carry out the contracts and obligations of such county authority in the same manner as such county authority itself might do, all under the direction of such court.
Miss. Code Ann. § 49-19-147 — MS Code / Title 49 / Chapter 11 / 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. § 49-35-31 — MS Code / Title 49 / Chapter 9 / 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. § 49-4-8 — MS Code / Title 49 / Chapter 3 / Section 4-8
Miss. Code Ann. § 49-4-8
Status: in_force

The Department of Wildlife, Fisheries and Parks shall have the following powers and duties:

(a) To conserve, manage, develop and protect the wildlife of the State of Mississippi.

(b) To take charge and have full jurisdiction and control over all state parks.

(c) To cooperate with other entities and agencies in developing and implementing such plans as necessary for the conservation, protection, beautification and improvement of the quality of the environment and living natural resources.
Miss. Code Ann. § 49-28-33 — MS Code / Title 49 / Chapter 9 / 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. § 49-17-729 — MS Code / Title 49 / Chapter 11 / Section 17-729
Miss. Code Ann. § 49-17-729
Status: in_force

(1) All powers of the Harrison County Utility Authority shall be exercised by a consolidated board consisting of the Board of Directors of the Harrison County Wastewater and Solid Waste Management District and the additional director provided under this section for a total of seven (7) directors. Upon consolidation, the Board of Supervisors of Harrison County shall appoint one (1) additional director who shall be a resident of the unincorporated area from the county. The director shall serve at the will and pleasure of the board of supervisors. The consolidated board shall consist of the mayor of each city participating in the authority and the directors appointed by the board of supervisors. Each director may appoint a delegate to represent him at a meeting of the board.

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

(3) In addition to any other powers and rights conferred upon such board of directors, the board is granted and may exercise all powers and rights granted pursuant to Sections 49-17-739 through 49-17-773 to promote the health, welfare and prosperity of the general public, including the power and right to regulate and control solid waste within its jurisdictional boundaries.
Miss. Code Ann. § 49-7-68 — MS Code / Title 49 / Chapter 3 / Section 7-68
Miss. Code Ann. § 49-7-68
Status: in_force

(1) For purposes of this section:

(a) “ Computer-assisted remote hunting ” means the use of a computer or any other device, equipment or software to remotely control the aiming and discharge of archery equipment, firearms or primitive firearms to take any game animal or bird.

(b) “ Facility for computer-assisted remote hunting ” means the real property and improvements on the property to facilitate computer-assisted remote hunting.

(2)(a) It is unlawful for a person to engage in computer-assisted remote hunting.

(b) It is unlawful for a person to provide or operate a facility for computer-assisted remote hunting if the game animal or bird being hunted is located in this state.

(3) A person violating this section is guilty of a Class I offense and shall be punished as provided under Section 49-7-141 . Each game animal or bird killed in the violation of this section is a separate offense.
Miss. Code Ann. § 49-26-1 — MS Code / Title 49 / Chapter 26 / Section 26-1
Miss. Code Ann. § 49-26-1
Status: in_force

This chapter shall be known and may be cited as the “Channel Maintenance Act.”
Miss. Code Ann. § 49-17-503 — MS Code / Title 49 / Chapter 4 / Section 17-503
Miss. Code Ann. § 49-17-503
Status: in_force

The purpose of Sections 49-17-501 through 49-17-531 is to provide for the accreditation of lead-based paint activities training programs, procedures and requirements for certification of persons engaged in lead-based paint activities and development and implementation of work practice standards for lead-based paint activities in target housing, child-occupied facilities and other facilities regulated under Section 402 of the federal Toxic Substances Control Act. It is the intent of Sections 49-17-501 through 49-17-531 that the cost of the administration and enforcement of Sections 49-17-501 through 49-17-531 shall be borne fully by federal grants and fees for accreditation, certification, renovation projects and abatement projects.
Miss. Code Ann. § 49-4-7 — MS Code / Title 49 / Chapter 1 / Section 4-7
Miss. Code Ann. § 49-4-7
Status: in_force

The commission shall establish and appoint advisory committees for Parks and Recreation and Wildlife and Fisheries. The advisory committees shall aid the commission in formulating policies, discussing problems and considering other matters related to these areas as designated by the commission.

The department is designated as the single state agency to receive and expend any federal funds made available for matters within the jurisdiction of the department.

The department shall be responsible for conserving, managing, developing and protecting the wildlife and freshwater fisheries resources of the state. The department shall coordinate all functions of state government related to wildlife and fisheries resources that are within the jurisdiction of the department.
Miss. Code Ann. § 49-23-25 — MS Code / Title 49 / Chapter 5 / Section 23-25
Miss. Code Ann. § 49-23-25
Status: in_force

In order to provide information in the specific interest of the traveling public, the State Highway Commission is hereby authorized to maintain maps and to permit informational directories and advertising pamphlets to be made available at safety rest areas, and to establish information centers at safety rest areas for the purpose of informing the public of places of interest within the state and providing such other information as may be considered desirable.
Miss. Code Ann. § 49-27-51 — MS Code / Title 49 / Chapter 5 / 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. § 49-17-28 — MS Code / Title 49 / Chapter 17 / Section 17-28
Miss. Code Ann. § 49-17-28
Status: in_force

(1) There is created a Permit Board for the purpose of issuing, reissuing, modifying, revoking or denying, under the conditions, limitations and exemptions prescribed in Section 49-17-29 : (a) permits to control or prevent the discharge of contaminants and wastes into the air and waters of the state; (b) permits required under the Solid Wastes Disposal Law of 1974 (Title 17, Chapter 17); (c) permits required under Sections 51-3-1 through 51-3-55 ; (d) water quality certifications required by Section 401 of the federal Clean Water Act; and (e) all other permits within the jurisdiction of the Permit Board. The membership of the Permit Board shall be composed of the Chief of the Bureau of Environmental Health of the State Board of Health, or his designee; the Executive Director of the Department of Wildlife, Fisheries and Parks, or his designee; the Head of the Office of Land and Water Resources of the Department of Environmental Quality, or his designee; the Supervisor of the State Oil and Gas Board, or his designee; the Executive Director of the Department of Marine Resources, or his designee; the Head of the Office of Geology and Energy Resources of the Department of Environmental Quality, or his designee; the Commissioner of Agriculture and Commerce, or his designee; a retired professional engineer knowledgeable in the engineering of water wells and water supply systems, to be appointed by the Governor for a term concurrent with that of the Governor and until his successor is appointed and qualified; and a retired water well contractor, to be appointed by the Governor for a term concurrent with that of the Governor and until his successor is appointed and qualified. The retired professional engineer and the retired water well contractor shall only vote on matters pertaining to the Office of Land and Water Resources.

(2) Members of the Permit Board who are officers and employees of the state shall receive no compensation for their services on the board, but other board members shall receive per diem compensation as provided in Section 25-3-69 . All board members shall be reimbursed for actual and necessary expenses, including mileage, incurred in the performance of their official duties as provided in Section 25-3-41 .

(3) In implementing the authority granted under this section for the Permit Board to act on water quality certifications required by Section 401 of the federal Clean Water Act, the Permit Board shall authorize the Executive Director of the Department of Environmental Quality to make decisions on issuance, reissuance, denial, modification and revocation of water quality certifications on projects which the department has received no written adverse comments. The Permit Board may authorize the executive director to make decisions on water quality certifications for other projects. A decision of the executive director made under this authority shall be a decision of the Permit Board and shall be subject to a formal hearing and an appeal as provided in Section 49-17-29 .
Miss. Code Ann. § 49-5-103 — MS Code / Title 49 / Chapter 2 / Section 5-103
Miss. Code Ann. § 49-5-103
Status: in_force

The Legislature finds and declares all of the following:

(a) That it is the policy of the Mississippi Department of Wildlife, Fisheries and Parks to manage certain nongame wildlife for human enjoyment, for scientific purposes, and to insure their perpetuation as members of ecosystems;

(b) That species or subspecies of wildlife indigenous to this state which may be found to be endangered within the state should be accorded protection in order to maintain and to the extent possible enhance their numbers;

(c) That the state should assist in the protection of species or subspecies of wildlife which are deemed to be endangered by prohibiting the taking, possession, transportation, exportation, processing, sale or offer for sale or shipment within this state of species or subspecies of wildlife listed on the United States' Lists of Endangered Fish and Wildlife as set forth herein unless such actions will assist in preserving or propagating the species or subspecies; and

(d) That funding may be made available to the department annually by appropriations from the General Fund or from other sources separate and apart from the Fisheries and Wildlife Fund for management of nongame and endangered species.
Miss. Code Ann. § 49-8-19 — MS Code / Title 49 / Chapter 7 / Section 8-19
Miss. Code Ann. § 49-8-19
Status: in_force

This chapter shall not apply to livestock regulated by the Mississippi Department of Agriculture and Commerce.
Miss. Code Ann. § 49-25-19 — MS Code / Title 49 / Chapter 8 / 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. § 49-15-75 — MS Code / Title 49 / Chapter 9 / Section 15-75
Miss. Code Ann. § 49-15-75
Status: in_force

(1) It shall be unlawful for any person, firm or corporation using a purse seineor having a purse seine aboard a boat or vessel within the territorial waters of the State of Mississippi to catch in excess of five percent (5%) by weight in any single set of the net or to possess in excess of ten percent (10%) by weight of the total catch any of the following species: spotted seatrout (Cynscion nebulosus); bluefish (Pomatomus saltatrix); Spanish mackerel (Scomberomorus maculatus); king mackerel (Scomberomorus cavalla); dolphin (Corphaena hippurus); pompano (Trachinotus carolinus); cobia (Rachycentron canadum); or jack crevalle (Caranx hippos).

(2) A person, firm or corporation convicted of a violation of this section shall be punished as provided in Section 49-15-63, Mississippi Code of 1972 .
Miss. Code Ann. § 49-19-19 — MS Code / Title 49 / Chapter 11 / Section 19-19
Miss. Code Ann. § 49-19-19
Status: in_force

(1) To encourage better land use, to assist in controlling headwaters, to prevent soil erosion, to help increase community and individual farm incomes, and to assist schools in forest education and timber management, the Mississippi Forestry Commission is hereby authorized to produce and make available to farm owners and to schools of this state, having lands contiguous to the school site suitable for reforestation, free commercial tree seedlings not to exceed five thousand (5,000) trees per farm owner per year, and not to exceed five thousand (5,000) trees per school, providing the farm owner or owners and school trustees desiring such seedlings enter into a cooperative agreement with the state forestry commission assuring the commission of the proper planting, care, and protection of all seedlings thus furnished from fire and wasteful cutting. The minimum number of seedlings furnished any consignee under this section shall not be less than one thousand (1,000).

(2) In its cooperative agreement, the Mississippi Forestry Commission may provide for the payment to it of a penalty of not exceeding Ten Dollars ($10.00) per thousand trees for each thousand or part thereof planted in violation of the purposes and intent of this section.

(3) The Mississippi Forestry Commission is hereby authorized to use such funds as it may have available in carrying out the intent and purposes of this section.
Miss. Code Ann. § 49-27-15 — MS Code / Title 49 / Chapter 13 / Section 27-15
Miss. Code Ann. § 49-27-15
Status: in_force

(1)(a) The department may schedule a hearing on any application; however, the department shall schedule a hearing on each application if, during the time period in which written objections are required to be filed, (i) a written request for a hearing is submitted by the applicant, or (ii) a hearing is requested or written objections are submitted to the application by a political subdivision, an agency, or five (5) or more persons affected by the application. At such hearing, any person may present oral or written comments on the application. Not later than sixty (60) days from the receipt of a complete application, the commission shall publish notice of the time period in which written objections to any application must be filed.

(b) The hearing must be held within twenty (20) days after the time period in which objections are required to be filed ends, unless a later date for the hearing is agreed to by all parties. Notice of the date on or before which objections must be filed shall be published once a week for at least three (3) consecutive weeks in at least one (1) newspaper of general circulation in the county in which the affected wetlands are located. The last publication of such notice shall be made not more than seven (7) days prior to such date. The published notice shall describe the site of the proposed activity and shall give a general description of the proposed regulated activity. Further, notice shall be given describing the date, time and place for the hearing by United States mail, postage prepaid, to each of the objectors and to the applicant at the address furnished to the commission by the parties, and by causing a copy of such notice to be published at least one time in one (1) newspaper having a general circulation in the county in which the affected wetlands are located.

(2) An applicant shall pay the publication fees and the costs of providing notice to the public.
Miss. Code Ann. § 49-28-39 — MS Code / Title 49 / Chapter 15 / Section 28-39
Miss. Code Ann. § 49-28-39
Status: in_force

The board of commissioners of any district created under this chapter shall have the authority to enter into cooperative agreements with the state or federal government, or both, to obtain financial assistance in the form of loans or grants as may be available from the state or federal government, or both. The board of commissioners may execute and deliver at private sale notes or bonds as evidence of the indebtedness in the form and subject to the terms and conditions as may be imposed by the state or federal government, or both. The board of commissioners may pledge the income and revenues of the district, or the income and revenues from any part of the area embraced in the district, in payment thereof. The district may do all things necessary to secure the financial aid or cooperation of the state or federal government, or both, in the planning, design, construction, operation, maintenance or improvement of projects of the district.
Miss. Code Ann. § 49-5-61 — MS Code / Title 49 / Chapter 1 / Section 5-61
Miss. Code Ann. § 49-5-61
Status: in_force

(1) The Mississippi Commission on Wildlife, Fisheries and Parks shall be the Wildlife Heritage Committee and shall exercise the duties and authority granted to such committee pursuant to Sections 49-5-69 through 49-5-98 , and pursuant to any other laws of the State of Mississippi.

(2) Wherever the term “ Wildlife Heritage Committee ” appears in the laws of the State of Mississippi, it shall be construed to mean the Mississippi Commission on Wildlife, Fisheries and Parks, unless the context clearly means to refer to the former Wildlife Heritage Committee.
Miss. Code Ann. § 49-33-15 — MS Code / Title 49 / Chapter 2 / Section 33-15
Miss. Code Ann. § 49-33-15
Status: in_force

The provisions of this chapter are severable, and if any provision of this chapter is held invalid by a court of competent jurisdiction, the invalidity shall not affect the other provisions of this chapter that can be given effect without the invalid provision.
Miss. Code Ann. § 49-7-68 — MS Code / Title 49 / Chapter 1 / Section 7-68
Miss. Code Ann. § 49-7-68
Status: in_force

(1) For purposes of this section:

(a) “ Computer-assisted remote hunting ” means the use of a computer or any other device, equipment or software to remotely control the aiming and discharge of archery equipment, firearms or primitive firearms to take any game animal or bird.

(b) “ Facility for computer-assisted remote hunting ” means the real property and improvements on the property to facilitate computer-assisted remote hunting.

(2)(a) It is unlawful for a person to engage in computer-assisted remote hunting.

(b) It is unlawful for a person to provide or operate a facility for computer-assisted remote hunting if the game animal or bird being hunted is located in this state.

(3) A person violating this section is guilty of a Class I offense and shall be punished as provided under Section 49-7-141 . Each game animal or bird killed in the violation of this section is a separate offense.
Miss. Code Ann. § 49-35-23 — MS Code / Title 49 / Chapter 2 / 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. § 49-7-33.1 — MS Code / Title 49 / Chapter 5 / Section 7-33.1
Miss. Code Ann. § 49-7-33.1
Status: in_force

(1)(a) The Commission on Wildlife, Fisheries and Parks shall allow the taking of deer with the use of supplemental feed and may place any reasonable conditions or restrictions on such taking.

(b) The Commission on Wildlife, Fisheries and Parks shall establish a zone or zones of contiguous counties for the management and implementation of a program to allow the taking of deer with the use of supplemental feed.

(c) The commission shall allow the taking of deer with the use of supplemental feed on private lands only.

(2) The commission shall take any action it deems necessary and use its emergency powers to prevent the introduction of disease, to control disease, to eradicate disease, and to manage the taking of deer with the use of supplemental feed.

(3)(a) The Department of Wildlife, Fisheries and Parks shall study and analyze all relevant data and issues with regard to the taking of deer with the supplemental feed program, including, but not limited to, the impact that the program has upon the health and density of deer populations and other wildlife, its effect on surrounding habitat, the effectiveness of wildlife law enforcement, the extent to which hunters who participate in the program are successful in harvesting deer and are supportive of the program, the perception of the program by the general public, and the extent to which the program has a favorable impact on economic development and tourism.

(b) The department shall file annual progress reports with the Legislature. The department shall file a final report with recommendations on the feasibility of continuing the taking of deer with the use of supplemental feed.

(4) A violation of this section or any regulation of the commission promulgated under this section shall be punishable as a Class II violation as defined in Section 49-7-143 , and if the violator is a nonresident, then upon conviction, he or she shall lose the opportunity to obtain a nonresident license as defined in Section 49-7-8 .
Miss. Code Ann. § 49-15-1.1 — MS Code / Title 49 / Chapter 10 / Section 15-1.1
Miss. Code Ann. § 49-15-1.1
Status: in_force

The State of Mississippi hereby assents to the provisions of the Pittman-Robertson Wildlife Restoration Act [ 16 USCS Section 699 et seq. ] and the Dingell-Johnson Sport Fish Restoration Act [ 16 USCS Section 777 et seq. ]. The Commission on Marine Resources may perform any acts as may be necessary to ensure the conservation of fish and marine life. Revenue from saltwater license sales shall be controlled only by the Department of Marine Resources and used only when exercising responsibilities specific to the management of the state's fish and marine resources for which the department has authority under state law.
Miss. Code Ann. § 49-19-305 — MS Code / Title 49 / Chapter 18 / Section 19-305
Miss. Code Ann. § 49-19-305
Status: in_force

As used in Sections 49-19-301 through 49-19-307 unless the context requires otherwise:

(a) “Prescribed burning” means the controlled application of fire to naturally occurring vegetative fuels for ecological, silvicultural and wildlife management purposes under specified environmental conditions and the following of appropriate precautionary measures which cause the fire to be confined to a predetermined area and accomplishes the planned land management objectives.

(b) “Certified prescribed burn manager” means an individual or county forester who successfully completes the certification program approved by the Mississippi Forestry Commission.

(c) “Prescription” means a written plan for starting and controlling a prescribed burn to accomplish the ecological, silvicultural and wildlife management objectives.
Miss. Code Ann. § 49-1-37 — MS Code / Title 49 / Chapter 1 / Section 1-37
Miss. Code Ann. § 49-1-37
Status: in_force

The edible portions of all game or fur-bearing animals, game birds, and fish seized under the provisions of this chapter or any other law for the protection of wild animals, birds, or fish, shall be disposed of by the department or under its direction to needy recipients, charitable institutions within the state and to local law enforcement agencies having facilities to prepare food for prisoners. Skins or pelts of fur-bearing animals, taken illegally, may be seized and sold by order of the department, and the funds received for same shall be paid into the Fisheries and Wildlife Fund. Nongame birds, fish and animals or parts thereof, and the plumes or skins of game birds of foreign species shall be disposed of by the department, or under its direction, by gift to scientific institutions, or, in the discretion of the department, they shall be kept by it for scientific or educational purposes, or may be destroyed. The officer disposing of any such animals, birds, fish or parts thereof, shall take a receipt from the donee for any such gift, which receipt shall be filed in the office of the department, and the department shall keep a permanent record of such gifts.
Miss. Code Ann. § 49-19-215 — MS Code / Title 49 / Chapter 11 / 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. § 49-7-54 — MS Code / Title 49 / Chapter 5 / Section 7-54
Miss. Code Ann. § 49-7-54
Status: in_force

(1) It is unlawful to import and translocate live white-tailed deer into this state, except that university research facilities may import live white-tailed deer upon prior approval of the commission. The commission shall establish regulations governing the importation of white-tailed deer with emphasis on preventing the introduction of diseases.

(2) A person who violates this section is guilty of a Class I violation and shall be punished as provided in Section 49-7-141 .
Miss. Code Ann. § 49-31-1 — MS Code / Title 49 / Chapter 28 / Section 31-1
Miss. Code Ann. § 49-31-1
Status: in_force

This chapter shall be known and may be cited as the “Mississippi Multimedia Pollution Prevention Act.”
Miss. Code Ann. § 49-4-7 — MS Code / Title 49 / Chapter 3 / Section 4-7
Miss. Code Ann. § 49-4-7
Status: in_force

The commission shall establish and appoint advisory committees for Parks and Recreation and Wildlife and Fisheries. The advisory committees shall aid the commission in formulating policies, discussing problems and considering other matters related to these areas as designated by the commission.

The department is designated as the single state agency to receive and expend any federal funds made available for matters within the jurisdiction of the department.

The department shall be responsible for conserving, managing, developing and protecting the wildlife and freshwater fisheries resources of the state. The department shall coordinate all functions of state government related to wildlife and fisheries resources that are within the jurisdiction of the department.
Miss. Code Ann. § 49-17-1 — MS Code / Title 49 / Chapter 10 / Section 17-1
Miss. Code Ann. § 49-17-1
Status: in_force

Sections 49-17-1 through 49-17-43 may be cited as the “Mississippi Air and Water Pollution Control Law.”
Miss. Code Ann. § 49-8-11 — MS Code / Title 49 / Chapter 8 / Section 8-11
Miss. Code Ann. § 49-8-11
Status: in_force

The department shall have the following powers and duties:

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

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

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

(d) To seize any wild animal possessed in violation of this chapter or regulations.
Miss. Code Ann. § 49-5-52 — MS Code / Title 49 / Chapter 2 / Section 5-52
Miss. Code Ann. § 49-5-52
Status: in_force

The wildlife management area formerly known as the Tuscumbia Wildlife Management Area, located in Alcorn County, Mississippi, shall be named the Harvey Moss Wildlife Management Area at Tuscumbia.

The Department of Finance and Administration shall erect appropriate signs and markers in a prominent place at the wildlife management area to indicate the name of the area.
Miss. Code Ann. § 49-17-63 — MS Code / Title 49 / Chapter 3 / Section 17-63
Miss. Code Ann. § 49-17-63
Status: in_force

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

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

All such loans in aid of construction shall be made subject to the availability of funds.
Miss. Code Ann. § 49-7-58.4 — MS Code / Title 49 / Chapter 4 / 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. § 49-19-351 — MS Code / Title 49 / Chapter 7 / Section 19-351
Miss. Code Ann. § 49-19-351
Status: in_force

(1) In this section, “ drought or wildfire conditions ” means the existence of a deficit of moisture creating severe conditions with increased wildfire occurrences as determined by the State Forestry Commission through use of drought indices or models or the existence of extreme wildfire conditions.

(2) If the State Forestry Commission determines that drought or wildfire conditions exist in a county, the commission shall notify the board of supervisors of that county. The commission may recommend that a temporary outdoor burning ban or other restrictions be adopted by the board of supervisors.

(3) The board of supervisors may, by order, prohibit or restrict outdoor burning in all or part of the unincorporated parts of the county if drought or wildfire conditions have been determined to exist by the State Forestry Commission. An order must specify the period during which burning is restricted. The State Forestry Commission shall notify the board of supervisors when the drought or wildfire conditions no longer exist. Any order issued under this section shall expire upon the determination that the drought or wildfire conditions no longer exist.

(4) Any person who knowingly and willfully violates an order under this section is guilty of a misdemeanor and may be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00).

(5) The sheriff of the county shall enforce the order and may cite persons for violations of an order under this section.
Miss. Code Ann. § 49-17-27 — MS Code / Title 49 / Chapter 8 / 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. § 49-35-9 — MS Code / Title 49 / Chapter 13 / 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. § 49-35-11 — MS Code / Title 49 / Chapter 5 / Section 35-11
Miss. Code Ann. § 49-35-11
Status: in_force

(1) If the commission finds that the proposed brownfield agreement complies with this article and regulations, the commission, by order, shall approve the proposed brownfield agreement. After approval of the brownfield agreement, the executive director and the brownfield party shall execute the brownfield agreement.

(2) The commission may enter into a brownfield agreement as proposed by the department or may modify that agreement before entering into it. The commission subsequently may modify any brownfield agreement by entry of an order. The commission orders issued under this article shall be reviewable as provided in Section 49-17-41 . The commission may disapprove a proposed brownfield agreement or decline to enter into a brownfield agreement by entry of an order. In the order, the commission shall state the reasons for disapproval of the agreement or declining to enter into the agreement.

(3) Until the executive director issues a “no further action” letter under Section 49-35-15 , approval from the commission shall be required for any sale, conveyance or other change in surface ownership of any portion of the brownfield agreement site owned by the brownfield party desiring to make the change in ownership, if the new surface owner will perform any obligations under the brownfield agreement. That brownfield party and the new surface owner jointly shall provide information satisfactory to the commission that the new surface owner has the financial, managerial and technical resources to complete performance of the brownfield agreement obligations to be transferred and that the new surface owner agrees to complete this performance. If the commission determines that the new surface owner has the financial, managerial, and technical resources to complete this performance and has agreed to do so, the commission shall issue an order approving the transfer.

(4) Except for orders issued under subsections (1) and (2) of this section and Section 49-35-13(2) , the commission, under any conditions it may prescribe, may authorize the executive director to issue any orders required under this article. A decision by the executive director shall be a decision of the commission and shall be reviewable as provided under Section 49-17-41 .
Miss. Code Ann. § 49-15-25 — MS Code / Title 49 / Chapter 10 / Section 15-25
Miss. Code Ann. § 49-15-25
Status: in_force

The department may appoint an advisory council of persons who may fairly be regarded as representative of all the various segments of the industry. This council shall aid the department in formulating policies and discussing problems related to the administration of this chapter and the advancement and protection of the industry.
Miss. Code Ann. § 49-17-429 — MS Code / Title 49 / Chapter 4 / Section 17-429
Miss. Code Ann. § 49-17-429
Status: in_force

No person may install, alter or remove an underground storage tank after July 1, 1990, without first having been certified by the Commission on Natural Resources. The commission shall adopt rules and regulations setting forth the requirements for such certification which shall include but not be limited to a certification examination.
Miss. Code Ann. § 49-35-33 — MS Code / Title 49 / Chapter 33 / Section 35-33
Miss. Code Ann. § 49-35-33
Status: in_force

The Legislature finds:

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

(b) The safe development or redevelopment of brownfields would 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.

(c) Owners and prospective developers and redevelopers of brownfields, local governments in which brownfields are located and federal and state government agencies should be encouraged to provide capital and labor to improve brownfields so that the property can be determined to be safe or made safe for appropriate future use.

(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) Section 49-35-27, Mississippi Code of 1972 , requires the Department of Environmental Quality to conduct a survey of incentive programs in other states for cleanup of contaminated sites by January 1, 1999. The department has conducted its survey and filed its report showing incentives provided in other states.
Miss. Code Ann. § 49-15-25 — MS Code / Title 49 / Chapter 8 / Section 15-25
Miss. Code Ann. § 49-15-25
Status: in_force

The department may appoint an advisory council of persons who may fairly be regarded as representative of all the various segments of the industry. This council shall aid the department in formulating policies and discussing problems related to the administration of this chapter and the advancement and protection of the industry.
Miss. Code Ann. § 49-19-35 — MS Code / Title 49 / Chapter 5 / Section 19-35
Miss. Code Ann. § 49-19-35
Status: in_force

As used in this section:

(a) “ Biomass ” means bioenergy feedstocks from forest products manufacturing, including, without limitation:

(i) Forest products manufacturing residuals, including, without limitation:

1. Pulping liquors;

2. Pulping byproducts;

3. Woody manufacturing residuals;

4. Paper recycling residuals;

5. Wastewater and processed water treatment plant residuals; and

6. Anaerobic digester biogas;

(ii) Harvest residues, including, without limitation, trees or portions of harvested trees;

(iii) Downed wood from extreme weather events or natural disasters;

(iv) Nonhazardous landscape or right-of-way trimmings and municipal trimmings;

(v) Plant material removed for purposes of invasive or noxious plant species control;

(vi) Biowaste, including, without limitation, landfill gas;

(vii) Forest biomass derived from residues created as a byproduct of timber harvesting;

(viii) Forest management activities conducted for timber stand improvement or to increase yield, ecological restoration or to maintain or enhance forest health;

(ix) Biomass materials described by the United States Environmental Protection Agency as fuels under 40 CFR Statute 241.1 et seq., as it existed on January 1, 2023; and

(x) Other used wood products, including, without limitation, crates and pallets.

(b) “ Bioenergy with carbon capture and storage ” means the process of capturing and permanently storing carbon dioxide from biomass energy generation.
Miss. Code Ann. § 49-15-25 — MS Code / Title 49 / Chapter 11 / Section 15-25
Miss. Code Ann. § 49-15-25
Status: in_force

The department may appoint an advisory council of persons who may fairly be regarded as representative of all the various segments of the industry. This council shall aid the department in formulating policies and discussing problems related to the administration of this chapter and the advancement and protection of the industry.
Miss. Code Ann. § 49-17-123 — MS Code / Title 49 / Chapter 17 / Section 17-123
Miss. Code Ann. § 49-17-123
Status: in_force

Nothing in Sections 49-17-101 through 49-17-123 shall be construed as granting authority for participation under the provisions of Chapter 471, Laws of 1971, as now or hereafter amended or participation in state appropriations for pollution control purposes.
Miss. Code Ann. § 49-31-5 — MS Code / Title 49 / Chapter 9 / Section 31-5
Miss. Code Ann. § 49-31-5
Status: in_force

(1) It is the intent of the Legislature to promote pollution prevention, require state agency recycling programs, encourage the recycling industry and promote public education on waste management issues.

(2) The Legislature declares it to be the policy of the State of Mississippi that the generation of waste should be reduced or eliminated at the source, whenever feasible; waste that is generated should be recycled or reused whenever feasible; waste that cannot be reduced or recycled should be treated in an environmentally safe manner; and disposal or other permitted release into the environment should be employed only as a last resort and should be conducted in an environmentally safe manner.

(3) The state's goal is to reduce the quantity of waste generated within Mississippi by a minimum of twenty-five percent (25%) by January 1, 1996. For purposes of measuring the reduction of hazardous waste, the department shall use as a baseline the quantity of hazardous waste generated, as reported for the 1989 calendar year. For purposes of measuring the reduction of nonhazardous solid waste, the department shall use as a baseline information submitted to the State Tax Commission pursuant to Section 17-17-219 for the 1992 calendar year. For other wastes, the department shall establish a baseline.
Miss. Code Ann. § 49-7-305 — MS Code / Title 49 / Chapter 7 / Section 7-305
Miss. Code Ann. § 49-7-305
Status: in_force

(1) Hunting incident reports shall be exempt from disclosure or dissemination under the Mississippi Public Records Act of 1983 in accordance with the provisions of Section 45-29-1 .

(2) Upon written request of any person involved in the hunting incident, the representative of his estate, the surviving spouse or surviving next of kin, the commission may disclose to the requesting party or the requestor's legal counsel or insurance representative any information contained in the report.

(3) The commission shall charge a minimum reproduction fee of Ten Dollars ($10.00) plus any other costs associated with the request for the report.
Miss. Code Ann. § 49-19-145 — MS Code / Title 49 / Chapter 6 / Section 19-145
Miss. Code Ann. § 49-19-145
Status: in_force

The state forester of Mississippi shall act as “compact administrator” for the State of Mississippi and represent Mississippi in the South Central Interstate Forest Fire Protection Compact. The “advisory committee” shall be composed of four (4) members as follows: (1) One member of the senate, (2) one member of the house of representatives, each of whom shall be appointed by the Mississippi Commission on Interstate Cooperation, (3) the state forester or his successor, or a comparable official, in the event of amendment to the present law, who shall be appointed by the governor and shall serve as chairman of the advisory committee, and (4) one member who shall be associated with forestry or forest products industries, to be appointed by the governor; each member shall serve for a term of four (4) years and be eligible to immediately succeed himself.
Miss. Code Ann. § 49-28-21 — MS Code / Title 49 / Chapter 26 / Section 28-21
Miss. Code Ann. § 49-28-21
Status: in_force

The board of supervisors may, upon petition by the board of commissioners of the district, exercise the power of eminent domain on behalf of the district wherever and whenever public necessity and convenience so requires.
Miss. Code Ann. § 49-15-44 — MS Code / Title 49 / Chapter 6 / Section 15-44
Miss. Code Ann. § 49-15-44
Status: in_force

The department shall prohibit the sale or possession of illegal oysters. It is unlawful for any person, firm or corporation to possess or to engage in the sale of oysters not certified in this state, or to shuck or repack for sale any illegal oysters, unless that person, firm or corporation possesses a bill of sale, valid permit or affidavit of another state, properly dated, evidencing the legality of the sale or possession of the oysters in that state. Any person in possession of illegal oysters shall be subject to civil or criminal prosecution and shall be fined not less than One Hundred Dollars ($100.00) or punished as provided in Section 49-15-63 .
Miss. Code Ann. § 49-37-7 — MS Code / Title 49 / Chapter 33 / Section 37-7
Miss. Code Ann. § 49-37-7
Status: in_force

(1) There is created the Mississippi Statewide Scientific Information Management System Coordinating Council, hereinafter referred to as “coordinating council,” for the purpose of developing a strategic plan for a statewide scientific information management system and serving as a coordinating entity for all aspects of scientific information management.

(2)(a) The council shall consist of the following voting members: the Executive Director of the Department of Environmental Quality; the Executive Director of the Department of Economic and Community Development; the Executive Director of the Department of Wildlife, Fisheries and Parks; the Executive Director of the Department of Marine Resources; the State Health Officer; the State Forester; the Executive Director of the Department of Transportation; the Chairman of the Mississippi Water Resources Advisory Council; the Vice-President for Research and Sponsored Programs at each university on the Mississippi Research Consortium; the Vice-President for Agriculture, Forestry and Veterinary Medicine at Mississippi State University; the State Director of Technology Transfer; the Center Director of the National Aeronautics and Space Administration, Stennis Space Center; the District Chief, Mississippi District, United States Geological Survey; the Executive Director of the Mississippi Automated Resource Information System; the Executive Director of the Department of Information Technology Services; the President of the Institute of Technology Development; and two (2) representatives of the private sector user community appointed by the Governor.

Members of the coordinating council not appointed by the Governor shall serve a term concurrent with their term of office in their respective position. Nonappointed members may designate an alternate to serve in their stead and the alternate shall have the authority to act for the designating member.

Members of the council appointed by the Governor shall serve four-year terms.

(b) In addition to the members of the coordinating council specified in paragraph (a) of this subsection, the coordinating council may invite, as participating members, representatives of any other state and federal organizations, or individuals possessing appropriate expertise or who have a viable interest in the development and implementation of the statewide scientific information management system.

(c) The Chairman of the Senate Environmental Protection, Conservation and Water Resources Committee and one (1) member of that committee appointed by the chairman may attend meetings of the coordinating council. The Speaker of the House of Representatives may designate the Chairman of the House Conservation and Water Resources Committee and one (1) member of that committee to attend any meeting of the coordinating council. The appointing authorities may designate alternate members from their respective houses to serve when the regular designees are unable to attend such meetings of the coordinating council. The legislative designees shall have no jurisdiction or vote on any matter within the jurisdiction of the coordinating council. For attending meetings of the coordinating council, the legislators shall receive per diem and expenses which shall be paid from the contingent expense funds of their respective houses in the same amounts as provided for committee meetings when the Legislature is not in session; however, no per diem and expenses for attending meetings of the coordinating council will be paid while the Legislature is in session. No per diem and expenses will be paid except for attending meetings of the coordinating council without prior approval of the proper committee in their respective houses.

(d) Original appointments to the coordinating council shall be made no later than October 1, 1999. The Governor shall require adequate disclosure of potential conflicts of interest by appointed members of the coordinating council. Vacancies on the coordinating council shall be filled by appointment in the same manner as the original appointments.

(e) The coordinating council shall elect from its membership a chairperson to preside over meetings and vice-chairperson to preside in the absence of the chairperson or when the chairperson shall be excused. The coordinating council shall adopt procedures governing the manner of conducting its business. A majority of the members shall constitute a quorum to do business.

(f) Members of the coordinating council shall serve without compensation, except as otherwise provided in paragraph c of this subsection. At the direction of the chairman of the coordinating council and contingent upon the availability of sufficient funds, each member may receive reimbursement for reasonable expenses, including travel expenses in accordance with rates established pursuant to Section 25-3-41, Mississippi Code of 1972 , incurred in attending meetings of the coordinating council.

(3) The coordinating council shall convene before November 15, 1999.

(4) The coordinating council shall not employ any permanent staff, rent or occupy independent office space or otherwise establish a full-time office.

(5) In conducting its activities under this chapter, the coordinating council may elicit the support of and participation by any state or local governmental agency as may be necessary or appropriate. All state and local governmental agencies shall provide support or participation as requested.

(6) The coordinating council may exercise those duties and powers necessary to carry out the purposes of this chapter, including, but not limited to, the following functions:

(a) Conduct, or cause to be conducted any studies, analyses or evaluations related to the development and implementation of a scientific information management system;

(b) Apply and contract for and accept any grants, public or private funds, gifts or proceeds in furtherance of the activities of the coordinating council;

(c) Authorize the Executive Director of the Department of Environmental Quality to enter into all contracts or execute all instruments, on behalf of the coordinating council, and do all acts necessary, desirable or convenient to carry out any power expressly granted to the council in this chapter; and

(d) Expend or distribute any funds or assets in its custody or under its control appropriate in carrying out the purposes of this chapter.
Miss. Code Ann. § 49-27-63 — MS Code / Title 49 / Chapter 19 / Section 27-63
Miss. Code Ann. § 49-27-63
Status: in_force

The commission shall, from time to time, inspect the coastal wetlands to determine whether violations have been or are being committed. The commission or any authorized employee of the Department of Marine Resources may enter at reasonable times upon any private or public property in the performance of duty to enforce the Coastal Wetlands Protection Act.
Miss. Code Ann. § 49-19-209 — MS Code / Title 49 / Chapter 13 / Section 19-209
Miss. Code Ann. § 49-19-209
Status: in_force

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

The state forester is authorized to purchase equipment, supplies and materials and to maintain and transport equipment as is needed to implement the provisions of Sections 49-19-201 through 49-19-227 , and to defray the expenses of such purchase and transportation from any funds appropriated for such purpose.
Miss. Code Ann. § 49-17-765 — MS Code / Title 49 / Chapter 1 / Section 17-765
Miss. Code Ann. § 49-17-765
Status: in_force

The county authority may, in any authorizing resolution of the board of directors, trust indenture or other security instrument relating to its bonds issued pursuant to this act, provide for the appointment of a trustee who shall have such powers as are provided therein to represent the registered owners of any issue of bonds in the enforcement or protection of their rights under any such resolution, trust indenture or security instrument. The county authority may also provide in such resolution, trust indenture or other security instrument that the trustee, or in the event that the trustee so appointed shall fail or decline to so protect and enforce such registered owners' rights then such percentage of registered owners as shall be set forth in, and subject to the provisions of, such resolution, trust indenture or other security interest, may petition the court of proper jurisdiction for the appointment of a receiver of the county authority's systems, the revenues of which are pledged to the payment of the principal of and interest on the bonds of such registered owners. Such receiver may exercise any power as may be granted in any such resolution, trust indenture or security instrument to enter upon and take possession of, acquire, construct or reconstruct or operate and maintain such system, fix charges for services of the system and enforce collection thereof, and receive all revenues derived from such system or facilities and perform the public duties and carry out the contracts and obligations of such county authority in the same manner as such county authority itself might do, all under the direction of such court.
Miss. Code Ann. § 49-28-37 — MS Code / Title 49 / Chapter 18 / Section 28-37
Miss. Code Ann. § 49-28-37
Status: in_force

If the owners of a majority of the front footage of the property to be assessed under the front foot rule, or if the owners of a majority of the area of the property to be assessed under the area rule, as described in Section 49-28-35 , file a written protest objecting to the assessments authorized under this chapter, then the board of commissioners shall not proceed with the special assessment.
Miss. Code Ann. § 49-17-111 — MS Code / Title 49 / Chapter 11 / Section 17-111
Miss. Code Ann. § 49-17-111
Status: in_force

Prior to undertaking the financing of any pollution control facility, the governing board shall obtain a finding of the pollution authority that the pollution control facilities are necessary and that the design thereof will result in the elimination, mitigation and/or prevention of air or water pollution.
Miss. Code Ann. § 49-11-17 — MS Code / Title 49 / Chapter 1 / 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. § 49-15-22 — MS Code / Title 49 / Chapter 15 / Section 15-22
Miss. Code Ann. § 49-15-22
Status: in_force

Each person employed as a marine patrol officer by the Mississippi Department of Marine Resources who retires for superannuation or for reason of disability under the Public Employees' Retirement System may, upon his request, be allowed to retain, as his personal property, one (1) side arm which was issued to him during his service, if funds are available for this purpose.
Miss. Code Ann. § 49-28-9 — MS Code / Title 49 / Chapter 27 / Section 28-9
Miss. Code Ann. § 49-28-9
Status: in_force

If no petition requiring an election is filed or if three-fifths ( 3 / 5 ) of those voting in the election provided in Section 49-28-7 vote in favor of the creation of the district, the board of supervisors shall adopt a resolution creating the district as described in the resolution of intent.
Miss. Code Ann. § 49-17-703 — MS Code / Title 49 / Chapter 10 / Section 17-703
Miss. Code Ann. § 49-17-703
Status: in_force

In the spirit of the report of the Governor's Commission on Recovery, Rebuilding and Renewal, the Legislature finds that there is a need for consolidation of water, wastewater and storm water services in order to reduce costs, promote resilience in the event of a disaster, improve the quality of the natural environment, and improve the planning and delivery of quality water, wastewater and storm water services within the areas of the Counties of George, Hancock, Harrison, Jackson, Pearl River and Stone. It is further declared that there is the need for the planning, acquisition, construction, maintenance, operation and coordination of water, wastewater and storm water services in order to ensure protection of the waters of the state and to ensure the delivery of water, wastewater and storm water services to citizens of the Gulf Coast Region. The creation of the Mississippi Gulf Coast Region Utility Act is determined to be necessary and essential to the accomplishment of these purposes. To facilitate the purposes of the act, the Gulf Coast Region Utility Board, the George County Utility Authority, the Hancock County Utility Authority, the Harrison County Utility Authority, the Jackson County Utility Authority, the Pearl River County Utility Authority and the Stone County Utility Authority are created herein.
Miss. Code Ann. § 49-19-115 — MS Code / Title 49 / Chapter 3 / 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. § 49-17-413 — MS Code / Title 49 / Chapter 11 / Section 17-413
Miss. Code Ann. § 49-17-413
Status: in_force

(1) The commission shall promulgate rules and regulations governing underground storage tanks, which shall include, but not be limited to:

(a) Notification of abandoned underground storage tanks;

(b) Registration of underground storage tanks currently under operation;

(c) Standards for underground storage tanks. The commission shall distinguish in such standards between requirements appropriate for new tanks, for tanks in existence on the date of the promulgation of the standards and for abandoned tanks. These standards shall include, but not be limited to, design, construction, installation, release detection, and compatibility standards;

(d) Release detection, prevention and corrective action;

(e) Tank closure requirements;

(f) Standards for monitoring, testing, reporting and record keeping;

(g) Requirements for financial responsibility. The commission shall adopt requirements to insure financial responsibility for corrective action and compensation of third parties required by releases arising from the operation of an underground storage tank, except that such requirements shall not exceed those established by the United States Environmental Protection Agency (EPA). Financial responsibility may be established by any one (1) or combination of the following: insurance; guarantee; surety bond; letter of credit; qualification as a self-insurer; for owners of underground storage tanks containing motor fuels, use of the Mississippi Groundwater Protection Trust Fund; or any other financial assurance mechanism which shall be allowed under EPA regulations governing underground storage tanks; and

(h) Requirements to implement the National Energy Policy Act of 2005 (EPACT), 42 USC 15801 .

(2) Variances and temporary emergency variances may be granted by the commission from any regulation adopted pursuant to Section 49-17-401 et seq.
Miss. Code Ann. § 49-2-7 — MS Code / Title 49 / Chapter 2 / Section 2-7
Miss. Code Ann. § 49-2-7
Status: in_force

The Department of Environmental Quality shall be the Mississippi Department of Natural Resources with the exception of the Office of Parks and Recreation, and shall retain all powers and duties granted by law to the Mississippi Department of Natural Resources with the exception of the Office of Parks and Recreation, and wherever the term “Mississippi Department of Natural Resources” appears in any law the same shall mean the Department of Environmental Quality. The Executive Director of the Department of Environmental Quality may assign to the appropriate offices any powers and duties deemed appropriate to carry out the lawful duties of the department.

The department shall be composed of the following offices:

(a) Office of Geology and Energy Resources;

(b) Office of Land and Water Resources; and

(c) Office of Pollution Control.

Each office shall be composed of the administrative units set forth in the consolidation plan adopted by the commission, subject to changes by the executive director, with approval of the commission, as hereinafter set forth.

The department is designated as the single state department to receive and expend any federal funds being received or expended by any agency transferred to the department by Chapter 484, Laws of 1978, and to receive and expend any federal funds made available for matters within the jurisdiction of the department.

The department shall be responsible for conserving, managing, developing and protecting the natural resources of the State of Mississippi within the jurisdiction of the department, with the exception of functions of the Office of Recreation and Parks. The department shall coordinate all functions of state government related to natural resources within the jurisdiction of the department. The department shall not exercise any of its authority or powers granted under the provisions of this section in a manner which would be inconsistent with the provisions of Section 29-1-1 .
Miss. Code Ann. § 49-31-5 — MS Code / Title 49 / Chapter 26 / Section 31-5
Miss. Code Ann. § 49-31-5
Status: in_force

(1) It is the intent of the Legislature to promote pollution prevention, require state agency recycling programs, encourage the recycling industry and promote public education on waste management issues.

(2) The Legislature declares it to be the policy of the State of Mississippi that the generation of waste should be reduced or eliminated at the source, whenever feasible; waste that is generated should be recycled or reused whenever feasible; waste that cannot be reduced or recycled should be treated in an environmentally safe manner; and disposal or other permitted release into the environment should be employed only as a last resort and should be conducted in an environmentally safe manner.

(3) The state's goal is to reduce the quantity of waste generated within Mississippi by a minimum of twenty-five percent (25%) by January 1, 1996. For purposes of measuring the reduction of hazardous waste, the department shall use as a baseline the quantity of hazardous waste generated, as reported for the 1989 calendar year. For purposes of measuring the reduction of nonhazardous solid waste, the department shall use as a baseline information submitted to the State Tax Commission pursuant to Section 17-17-219 for the 1992 calendar year. For other wastes, the department shall establish a baseline.
Miss. Code Ann. § 49-7-147 — MS Code / Title 49 / Chapter 1 / Section 7-147
Miss. Code Ann. § 49-7-147
Status: in_force

(1) No person shall intentionally:

(a) Interfere with or attempt to prevent the lawful taking of wildlife by another;

(b) Attempt to disturb wildlife, or attempt to affect their behavior with the intent to prevent their lawful taking by another; or

(c) Harass another person who is engaged in the lawful taking of wildlife or in the preparation for such taking.

(2) Any person who violates subsection (1) is guilty of a Class II violation, punishable as provided in Section 49-7-143, Mississippi Code of 1972 .
Miss. Code Ann. § 49-27-3 — MS Code / Title 49 / Chapter 4 / 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. § 49-11-29 — MS Code / Title 49 / Chapter 6 / Section 11-29
Miss. Code Ann. § 49-11-29
Status: in_force

This chapter shall not apply to the operation of fox, coyote and rabbit enclosures as set forth in Section 49-7-34, Mississippi Code of 1972 , and shall not be construed to regulate the operation of fox, coyote and rabbit enclosures.
Miss. Code Ann. § 49-7-71 — MS Code / Title 49 / Chapter 4 / Section 7-71
Miss. Code Ann. § 49-7-71
Status: in_force

It shall be unlawful for any person to disturb the traps of another or to take any fur-bearing animals from them unless specifically authorized by the owner and any person so doing shall be guilty of larceny, or trespass as the case may be, and punishable as provided by law.
Miss. Code Ann. § 49-39-1 — MS Code / Title 49 / Chapter 9 / Section 39-1
Miss. Code Ann. § 49-39-1
Status: in_force

This chapter shall be known and may be cited as the “Mississippi Outdoor Stewardship Act.”
Miss. Code Ann. § 49-17-117 — MS Code / Title 49 / Chapter 11 / Section 17-117
Miss. Code Ann. § 49-17-117
Status: in_force

The proceeds from the sale of any bonds issued under authority of Sections 49-17-101 through 49-17-123 shall be applied only for the purpose for which the bonds were issued; provided, however, that any premium and accrued interest received in any such sale shall be applied to the payment of the principal of or the interest on the bonds sold; and provided, further, that if for any reason any portion of the proceeds shall not be needed for the purpose for which the bonds were issued, such unneeded portion of the proceeds shall be applied to the payment of the principal of or interest on the bonds. The cost of acquiring any pollution control facilities shall be deemed to include the following: the actual cost of the construction of any part of any pollution control facilities which may be constructed, including architect's, engineer's and legal fees; the purchase price of any land necessary therefor; the purchase price of any part of any pollution control facilities that may be acquired by purchase; all expenses in connection with the authorization, sale and issuance of the bonds to finance such acquisition; and the interest on the bonds for a reasonable time prior to construction, during construction, and for not exceeding one (1) year after completion of the construction.
Miss. Code Ann. § 49-15-7 — MS Code / Title 49 / Chapter 10 / Section 15-7
Miss. Code Ann. § 49-15-7
Status: in_force

All shells of dead oysters, clams and other shellfish; and all of the oyster shells, clam shells, mussel shells, dead reef shells, and cay shells, being upon or under the bottom of, or under the tidewaters within the territorial jurisdiction of the State of Mississippi, and all beds, banks and accumulations of such shells within such territorial jurisdiction on or under the bottoms of such waters, or surrounded by such waters, being the property of the State of Mississippi are hereby further declared to be the property of the State of Mississippi under the jurisdiction of the department.