reglab/housing_qa huggingface dataset:
MS Code § 49-27-17 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 27 - Coastal Wetlands Protection Act|§ 49-27-17. Application; notice to parties prior to date set for hearing; effect of failure to comply with section

 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:   All of those parties who are entitled to receive a copy of such application in accordance with Section 47-27-13 of this chapter; and   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.
MS Code § 49-27-19 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 27 - Coastal Wetlands Protection Act|§ 49-27-19. Application; appearance at hearing by person filing objection; applicant's burden of proof and right to hearing

 Any person who files a written objection pursuant to Section 49-27-15 may appear at the public hearing and be heard.   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.
MS Code § 49-27-21 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 27 - Coastal Wetlands Protection Act|§ 49-27-21. Public inspection of evidence, applications and related documents; record and transcription of oral testimony

 Documentary evidence offered at hearings and all applications and related documents shall be open for public inspection at the office of the commission at reasonable times. Oral testimony shall be recorded and shall not be required to be transcribed except in the event of appeal.
MS Code § 49-27-23 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 27 - Coastal Wetlands Protection Act|§ 49-27-23. Commission authorized to grant, issue, reissue, modify, deny, suspend, revoke, limit, or condition permits; expressed public policy to be considered in connection with permits; acquisition of permits; resolution of conflicts

 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.
MS Code § 49-27-27 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 27 - Coastal Wetlands Protection Act|§ 49-27-27. Permits to dredge new channels; considerations and restrictions

 In considering permits to dredge new channels by applicants under subsection (c) of Section 49-27-11, the commission shall take into consideration in addition to Section 47-27-23 the benefit of such channel to the public at large, or to surrounding landowners, and the extent of use projected for the channel, as well as the ecological, economic, commercial, recreational and aesthetic value of the wetlands affected. The commission shall, where practical, require applicants to use existing channels, so as to reduce the coastal wetlands affected.
MS Code § 49-27-29 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 27 - Coastal Wetlands Protection Act|§ 49-27-29. Conditions or limitations may be imposed on grant or modification of permit

 In granting or modifying any permit, the commission may impose conditions or limitations on the proposed activity designed to carry out the public policy set forth in this chapter. Permits shall be valid for not more than five (5) years from the date of issuance, except that permits issued to a governmental entity shall be valid for not more than ten (10) years. The commission may issue one (1) extension not to exceed two (2) years in length if the applicant requests it in writing before the expiration date of the permit.
MS Code § 49-27-31 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 27 - Coastal Wetlands Protection Act|§ 49-27-31. Performance bond may be required

 The commission may require a performance bond in an amount to be set by the commission with surety and satisfactory conditions securing to the state compliance with the conditions and limitations set forth in any permit.
MS Code § 49-27-33 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 27 - Coastal Wetlands Protection Act|§ 49-27-33. Suspension or revocation of permit after notice and hearing

 The commission, after reasonable notice in writing to the holder of a permit and after a hearing in the manner as provided in Sections 49-27-15 through 49-27-21 of this chapter, shall suspend or revoke a permit if it finds that the applicant has not substantially complied with one or more of the conditions or limitations set forth in the permit or has exceeded the scope of the activities as set forth in the application.
MS Code § 49-27-35 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 27 - Coastal Wetlands Protection Act|§ 49-27-35. Findings, reasons and descriptions to be recorded by council

 The commission shall state, upon its record, its findings and reasons for all actions taken pursuant to Sections 49-27-23 through 49-27-37. When a permit is granted or modified, the commission shall describe the public interest to be served by granting or modifying the permit. When a permit or modification is denied, the commission shall describe the public interest which would be adversely affected by granting or modifying the permit.
MS Code § 49-27-37 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 27 - Coastal Wetlands Protection Act|§ 49-27-37. Copy of order in issuance, denial, revocation or suspension of permit to be sent to parties; time; extensions

  The commission shall send a copy of any order in issuance, denial, revocation or suspension of a permit to the parties stated in Section 49-27-17, and such orders must be sent within ninety (90) days from the receipt of a complete application, or within ninety (90) days from an amendment to the application as provided by Section 49-27-11(2), in the case of granting or denying or thirty (30) days from the date of the hearing in the case of suspension or revocation, unless an extension is requested as provided in subsection (2) and approved by the commission.   An applicant may request, in writing, additional extensions up to ninety (90) days for the processing of an application.
MS Code § 49-27-39 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 27 - Coastal Wetlands Protection Act|§ 49-27-39. Appeal to chancery court; when council's order to be confirmed

 An appeal may be taken by the applicant, or any person or corporation, municipal corporation, county or interested community group who has been aggrieved by such order, from the denial, suspension or revocation of a permit or the issuance of a permit or conditional permit and who has filed written protest or objection as specified in Sections 49-27-9 through 49-27-21, within thirty (30) days after the mailing to the parties of the order of issuance, denial, suspension or revocation of any such permit, to the chancery court of any county having jurisdiction over the property which may be affected by any such proposed activity to be authorized by such permit.   If the court finds that the order appealed from is supported by substantial evidence, consistent with the public policy set forth in this chapter, is not arbitrary or capricious and does not violate constitutional rights, it shall affirm the council's order.
MS Code § 49-27-41 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 27 - Coastal Wetlands Protection Act|§ 49-27-41. Appeal to chancery court; complaint; return date; cost bond; record; appeal with supersedeas

 Such appeal shall be brought by a complaint in writing, stating fully the reasons therefor, signed by an authorized party, and shall be served at least twelve (12) days before the return date upon the commission and upon all parties having an interest adverse to the appellant as designated under subsection (a) of Section 49-27-39. Such appeals shall be brought to the next return day of the court after the filing of such appeal or may be returned to a day set by fiat of the court. A cost bond must be posted with sufficient sureties payable to the state in the sum of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), to be fixed in the order appealed from and to be filed with and approved by the executive director of the commission, who shall forthwith certify the same, together with a certified copy of the transcription record of the proceedings in the matter to the chancery court to which the appeal is taken, which shall thereupon become the record of the cause. An appeal to the chancery court as provided herein shall not stay the execution of an order of the commission. Any party aggrieved by an order of the commission may petition the chancery court for an appeal with supersedeas and the chancellor shall grant a hearing on the petition, and upon good cause shown may grant the appeal with supersedeas in which case the appellant shall be required to post a bond with sufficient sureties according to law in an amount to be determined by the chancellor.
MS Code § 49-27-43 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 27 - Coastal Wetlands Protection Act|§ 49-27-43. Appeal to chancery court; service upon commission; certification of record

 Upon the filing of an appeal, the clerk of the chancery court shall serve notice thereof upon the commission, whereupon the commission shall within sixty (60) days, or within such additional time as the court may for cause allow, from the service of such notice certify to the chancery court the record in the case, which record shall include a transcript of all testimony, all objections, all exhibits or copies thereof, all pleadings, proceedings, orders, findings and opinions entered in the case; provided, however, that the parties and the commission may stipulate that only a specified portion of the record shall be certified to the court as the record on appeal.
MS Code § 49-27-45 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 27 - Coastal Wetlands Protection Act|§ 49-27-45. Appeal to chancery court; when case to be referred back to commission

 If, upon hearing such appeal, it appears to the court that any testimony has been improperly excluded by the commission or that the facts disclosed by the record are insufficient for the equitable disposition of the appeal, it shall refer the case back to the commission to take such evidence as it may direct and report the same to the court with the commission's findings of fact and conclusions of law.
MS Code § 49-27-47 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 27 - Coastal Wetlands Protection Act|§ 49-27-47. Appeal to chancery court; precedence; powers of chancellor

 Such appeal shall have precedence in the order of trial, and the chancellor may order the granting, denial, revocation, suspension or limitation of any permit or may remand to the council for such order.
MS Code § 49-27-49 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 27 - Coastal Wetlands Protection Act|§ 49-27-49. Appeal to Supreme Court

 Appeals may be taken from the chancery court to the Supreme Court in the manner as now required by law, except that if a supersedeas is desired by the party appealing from the chancery court, he may apply therefor to the chancellor thereof, who shall award a writ of supersedeas without additional bond if, in his judgment, material damage is not likely to result thereby, but otherwise he shall require such supersedeas bond as he deems proper which shall be liable to the state or applicant for such damage.
MS Code § 49-27-51 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 27 - Coastal Wetlands Protection Act|§ 49-27-51. After-the-fact authorization for work upon proper application; civil and criminal actions; who may initiate

    If a person in violation of this chapter submit s 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.   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.     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.   The Attorney General, commission, district attorney or county attorney may initiate action to enjoin any person in violation of this chapter.
MS Code § 49-27-53 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 27 - Coastal Wetlands Protection Act|§ 49-27-53. Jurisdiction and venue for judicial actions

 Jurisdiction and venue for judicial actions brought pursuant to this chapter shall lie in any county or counties in which the alleged violation occurs or in which property affected by such violation is located.
MS Code § 49-27-55 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 27 - Coastal Wetlands Protection Act|§ 49-27-55. Civil liability of violators; restoration; punitive damages; mandatory injunction; jurisdiction of circuit or county court; remedies preserved

 Any person who performs or causes to be performed any activity regulated by this chapter for which a permit has not been obtained, violates any provision of this chapter, regulation promulgated pursuant to this chapter or any condition of a permit, shall be liable to the State of Mississippi for the restoration of all affected coastal wetlands to their condition prior to such violation, insofar as such restoration is possible, and for any and all damages to the wetlands. The appropriate chancery court by writ of mandatory injunction shall allow a reasonable time for completion of the restoration and may, in its discretion, order as punitive damages a sum not to exceed Five Hundred Dollars ($500.00) per day for each day such violation has existed. The chancery court may further order as punitive damages a sum not to exceed Five Hundred Dollars ($500.00) per day for each day that the violation exists beyond the date set by the court in its injunction for the restoration of the wetland. If injunctive relief is not sought, the appropriate circuit or county court shall have jurisdiction over any action for damages and/or punitive damages as set forth in this paragraph.   Nothing in this chapter shall preclude other statutory or common law remedies by public or private parties against violators or nonviolators of this chapter.
MS Code § 49-27-57 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 27 - Coastal Wetlands Protection Act|§ 49-27-57. Fines and penalties

 In addition to civil liability under this chapter, a violation of this chapter is a misdemeanor and shall be punished by a fine of not less than One Hundred Dollars ($100.00) and not more than One Thousand Dollars ($1,000.00) or by imprisonment of not more than thirty (30) days, or both.   In the case of continuing violations, each day shall constitute a separate charge; however, separate violations under this chapter need not be severed for trial when an identity of parties and location exists.   It shall be a misdemeanor to materially harm or disturb scientific devices and recording instruments left in coastal wetlands by authorized agencies of the state or federal government, and a violation of this subsection shall be punishable by a fine of not more than Five Hundred Dollars ($500.00) or imprisonment of not more than thirty (30) days or both.
MS Code § 49-27-59 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 27 - Coastal Wetlands Protection Act|§ 49-27-59. Rules and regulations

 The commission shall adopt, promulgate and publish rules and regulations for the implementation of this chapter. Before becoming effective, such rules and regulations, and any changes, must be published once a week for at least three (3) consecutive weeks in a newspaper having general circulation throughout the State of Mississippi. Such rules and regulations shall provide procedure whereby an individual or organization may receive at their own expense copies of the applications provided for in Section 49-27-13 of this chapter.
MS Code § 49-27-61 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 27 - Coastal Wetlands Protection Act|§ 49-27-61. Charges for materials removed under permit; alternative for dredge material disposal

    The commission shall charge Fifty Cents (50¢) per cubic yard for any sand or gravel removed from wetlands and Twenty-five Cents (25¢) per cubic yard for any other materials removed from coastal wetlands by a permittee or his agent under the terms of any permit issued.   There shall be no charge levied by the commission for the removal of one hundred (100) cubic yards or less of any material removed from wetlands by a permittee or his agent under the terms of any permit issued.   The commission may waive these charges on any project of a governmental agency or any project wherein expenditures are made as the result of a governmental grant or governmental bond proceeds.   Any party participating in the beneficial use of dredge materials programs under subsection (2) shall be exempt from these charges.     The department shall require any party permitted to conduct dredging activities of over two thousand five hundred (2,500) cubic yards to participate in the department programs involving beneficial use of dredge materials, provided the material is suitable and a beneficial use site is available. If approved by the executive director, or his designee, a party may deposit acceptable dredge materials in a designated location for a fee not to exceed fifty percent (50%) of the fair market cost to transport and dispose of the material in an approved upland site.The department shall consider in-kind services for offsetting depositional charges.
MS Code § 49-27-63 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 27 - Coastal Wetlands Protection Act|§ 49-27-63. Inspections

 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.
MS Code § 49-27-65 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 27 - Coastal Wetlands Protection Act|§ 49-27-65. Evaluation of coastal wetlands; charts; education of public; overall use plan

 To implement the policy set forth in the chapter and to assist in the protection of coastal wetlands, the commission acting with the cooperation and assistance of the Gulf Regional Planning Commission and the Gulf Coast Research Laboratory shall evaluate the coastal wetlands and prepare charts at an appropriate scale showing the distribution of coastal wetlands as defined in this chapter. These charts will be provided to the offices of the chancery clerk of affected counties and to the Gulf Regional Planning Commission. The charts will be updated and reissued periodically as needed to provide a current inventory of coastal wetlands.   The commission shall promote the education of the public about scientific and economic knowledge concerning coastal wetlands.   In recognition of the national policy expressed in the Coastal Zone Management Act of 1972, Public Law 92-583, the commission is directed to include an overall plan for use of coastal and private wetlands in the Mississippi Coastal Zone Management Plan being prepared by the commission. The commission is further directed to identify and include in such plan specific coastal and private wetlands which should be set aside as estuarine sanctuaries.
MS Code § 49-27-67 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 27 - Coastal Wetlands Protection Act|§ 49-27-67. Exclusion from assessment for ad valorem taxes

 Any coastal wetlands now assessed for ad valorem taxes against the abutting landowner shall be excluded from the assessment of the said landowner's property upon proper application being made as otherwise provided by law.
MS Code § 49-27-69 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 27 - Coastal Wetlands Protection Act|§ 49-27-69. Disposition of fees and other sums

 All fees and other sums received by the commission pursuant to this chapter shall be deposited to the credit of the "Seafood Fund".
MS Code § 49-28-1 (2020)
2020 Mississippi Code|Title 49 - Conservation and Ecology|Chapter 28 - Shoreline and Beach Preservation Districts|§ 49-28-1. Eligibility for status as shoreline and beach preservation district; purpose of district

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