reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 23 - OUTDOOR ADVERTISING (§§ 49-23-1 — 49-23-35) › Section 49-23-35 - Name or logo of owner of outdoor advertising to be posted upon sign if owner is not the landowner

There shall be posted upon every outdoor advertising sign, display or device erected or maintained adjacent to any highway constituting a part of the interstate or primary system of highways and restricted or regulated by Sections
49-23-1
through
49-23-33
, Mississippi Code of 1972, except those signs, displays or devices as specified in subsections (1)(a), (b), (c) and (f), and (2)(a), (b) and (c) of Section
49-23-5
, Mississippi Code of 1972, the name or logo of the owner of such sign, display or device if the owner of such outdoor advertising is separate and distinct from the owner of the real property upon which such outdoor advertising is located.
The name or logo of the owner shall be permanently written on each such outdoor advertising sign, display or device if it is the intention of the parties that ownership of such outdoor advertising is, and shall be, separate from the ownership of the real property upon which it is situated.
Each such outdoor advertising sign, display or device heretofore or hereafter erected or maintained without such notice of ownership being posted as aforesaid shall be construed to have attached to the real estate and to be owned by the owner of the real estate upon which the said outdoor advertising is located.
Laws, 1977, ch. 370, eff. 7/1/1977.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 25 - JUNKYARDS (§§ 49-25-1 — 49-25-23) › Section 49-25-1 - Short title

This chapter may be cited as the "Junkyard Control Law."
Codes, 1942, § 8059.5-31; Laws, 1966, ch. 399, § 1, eff. 6/16/1966.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 25 - JUNKYARDS (§§ 49-25-1 — 49-25-23) › Section 49-25-3 - Purposes of chapter

For the purpose of promoting the public safety, health, welfare, convenience and enjoyment of public travel, to protect the public investment in public highways, and to preserve and enhance the scenic beauty of lands bordering public highways, it is hereby declared to be in the public interest to regulate and restrict the establishment, operation, and maintenance of junkyards in areas adjacent to the interstate and primary highway systems within this state. The legislature hereby finds and declares that junkyards which do not conform to the requirements of this chapter are public nuisances.
Codes, 1942, § 8059.5-32; Laws, 1966, ch. 399, § 2, eff. 6/16/1966.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 25 - JUNKYARDS (§§ 49-25-1 — 49-25-23) › Section 49-25-5 - Definitions

(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."
Codes, 1942, § 8059.5-33; Laws, 1966, ch. 399, § 3, eff. 6/16/1966.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 25 - JUNKYARDS (§§ 49-25-1 — 49-25-23) › Section 49-25-7 - Prohibited operations; exceptions

No person shall establish, operate, or maintain a junkyard, any portion of which is within one thousand (1,000) feet of the nearest edge of the right-of-way of any interstate or primary highway, except the following:
(a)
Those which are screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main-traveled way of the system, or otherwise removed from sight.
(b)
Those located within areas which are zoned for industrial use under authority of law.
(c)
Those located within unzoned industrial areas, which areas shall be determined from actual land uses and defined by regulations to be promulgated by the State Highway Commission.
(d)
Those which are not visible from the main-traveled way of the system.
Codes, 1942, § 8059.5-34; Laws, 1966, ch. 399, § 4, eff. 6/16/1966.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 25 - JUNKYARDS (§§ 49-25-1 — 49-25-23) › Section 49-25-9 - Junkyards lawfully in existence

Any junkyard lawfully in existence on June 16, 1966, which is within one thousand (1,000) feet of the nearest edge of the right-of-way and visible from the main-traveled way of any highway on the interstate or primary system shall be screened, if feasible, by the state highway commission at locations on the highway right-of-way or in areas acquired for such purposes outside the right-of-way so as not to be visible from the main-traveled way of such highways.
Codes, 1942, § 8059.5-35; Laws, 1966, ch. 399, § 5, eff. 6/16/1966.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 25 - JUNKYARDS (§§ 49-25-1 — 49-25-23) › Section 49-25-11 - Regulatory authority

The State Highway Commission shall have the authority to promulgate rules and regulations governing the location, planting, construction and maintenance, including the materials used in screening or fencing required by this chapter.
Codes, 1942, § 8059.5-36; Laws, 1966, ch. 399, § 6, eff. 6/16/1966.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 25 - JUNKYARDS (§§ 49-25-1 — 49-25-23) › Section 49-25-13 - Authority to acquire interest in land in removal and screening of junkyards

When the State Highway Commission determines that the topography of the land adjoining the highways will not permit adequate screening of junkyards, or the screening of such junkyards would not be economically feasible, the State Highway Commission shall have the authority to acquire by gift, purchase, exchange, or condemnation such interests in lands as may be necessary to secure the removal or disposal of the junkyards, and to pay just compensation for the costs of relocation, removal or disposal thereof. When the state highway commission determines that it is in the best interest of the state, it may acquire such lands, or interest in lands, outside highway rights-of-way as may be necessary to provide adequate screening of such junkyards.
Codes, 1942, § 8059.5-37; Laws, 1966, ch. 399, § 7, eff. 6/16/1966.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 25 - JUNKYARDS (§§ 49-25-1 — 49-25-23) › Section 49-25-15 - Nonconforming junkyards; limitation upon continued existence

Any junkyard lawfully in existence on June 16, 1966, which does not conform to the exceptions contained in Section
49-25-7
, or that cannot be made to so conform by screening as provided in this chapter, shall be required to be removed under Section
49-25-13
by July 1, 1970, or as soon thereafter as funds are available for that purpose. Any junkyard located along any highway made a part of the interstate or primary system after June 16, 1966, shall be considered to have been lawfully established for the purposes of this chapter; and in the event any such junkyard does not conform to the exceptions in Section
49-25-7
, or cannot be made to so conform by screening as provided in this chapter, it shall be required to be removed under Section
49-25-13
by the end of the fourth year after it shall be determined that it is nonconforming or as soon thereafter as funds are available for that purpose.
Codes, 1942, § 8059.5-38; Laws, 1966, ch. 399, § 8, eff. 6/16/1966.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 25 - JUNKYARDS (§§ 49-25-1 — 49-25-23) › Section 49-25-17 - Enforcement provision

Any person, partnership or corporation that seeks to establish, or establishes, a junkyard within one thousand (1,000) feet of the nearest right-of-way line of any interstate or primary highway that does not come within one or more of the exceptions contained in Section
49-25-7
, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not exceeding Five Hundred Dollars ($500.00) for any such offense. Each day's presence of the junkyard within the prohibited distance shall be a separate offense for the purpose of the penalty provision. In addition thereto, the State Highway Commission may seek injunctive relief in the courts of the county in which said junkyard may be located to abate the said nuisance and to require the removal of all junk from the prohibited area.
Codes, 1942, § 8059.5-39; Laws, 1966, ch. 399, § 9, eff. 6/16/1966.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 25 - JUNKYARDS (§§ 49-25-1 — 49-25-23) › Section 49-25-19 - Interpretation

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.
Codes, 1942, § 8059.5-40; Laws, 1966, ch. 399, § 10, eff. 6/16/1966.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 25 - JUNKYARDS (§§ 49-25-1 — 49-25-23) › Section 49-25-21 - Agreements with United States authorized

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.
Codes, 1942, § 8059.5-41; Laws, 1966, ch. 399, § 11, eff. 6/16/1966.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 25 - JUNKYARDS (§§ 49-25-1 — 49-25-23) › Section 49-25-23 - Apportionment of federal funds

Federal funds appropriated to carry out the provisions of this chapter are to be apportioned to the commissioners' districts in the same manner as such federal funds are apportioned to the state, and matching state funds are to be apportioned to the commissioners' districts proportionately.
Codes, 1942, § 8059.5-42; Laws, 1966, ch. 399, § 12, eff. 6/16/1966.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 26 - CHANNEL MAINTENANCE ACT (§§ 49-26-1 — 49-26-7) › Section 49-26-1 - Short title

This chapter shall be known and may be cited as the "Channel Maintenance Act."
Laws, 2000, ch. 604, § 1, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 26 - CHANNEL MAINTENANCE ACT (§§ 49-26-1 — 49-26-7) › Section 49-26-3 - Legislative findings and declarations

The Legislature finds that channel maintenance is necessary to preserve and enhance the economic stability and recreational potential of the coastal region. The Legislature declares it to be a governmental responsibility to provide for proper channel maintenance. The Legislature further declares that channel maintenance projects are in the public interest. Those projects should be funded to promote the use of cost-efficient strategies, encourage coordination among federal, state and local governments and the private sector, provide for long-term solutions and minimize the impact of the environment to the extent possible.
Laws, 2000, ch. 604, § 2, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 26 - CHANNEL MAINTENANCE ACT (§§ 49-26-1 — 49-26-7) › Section 49-26-5 - Duties and Department of Marine Resources

(1)
The Department of Marine Resources, referred to in this chapter as "department," shall serve as the primary state agency with regard to coordinating channel maintenance activities along the Mississippi Gulf Coast.
(2)
The department shall develop a comprehensive long-range management plan for channel maintenance activities. The plan shall at a minimum:
(a)
Identify areas in which channels are in need of maintenance;
(b)
Assess the short-term and long-term economic costs and benefits of the state's channels;
(c)
Promote channel sand bypassing to replicate the natural flow of sand; and
(d)
Recommend channel maintenance projects to the Legislature for funding which ensures the geographic coordination and sequencing of prioritized projects.
Laws, 2000, ch. 604, § 3, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 26 - CHANNEL MAINTENANCE ACT (§§ 49-26-1 — 49-26-7) › Section 49-26-7 - Identification and pursuit of federal funding alternatives

The department shall identify federal funding mechanisms which could be used to fund projects regarding channel maintenance. The department shall coordinate with local governments and other interest groups to maximize the eligibility of projects for funding and to assist in the preparation of appropriate financial assistance documentation.
Laws, 2000, ch. 604, § 4, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 27 - COASTAL WETLANDS PROTECTION ACT (§§ 49-27-1 — 49-27-71) › Section 49-27-1 - Title and citation of chapter

This chapter is to be known as the "Coastal Wetlands Protection Act" and may also be cited by its common or popular name of "Wetlands Act."
Laws, 1973, ch. 385, § 1, eff. 7/1/1973.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 27 - COASTAL WETLANDS PROTECTION ACT (§§ 49-27-1 — 49-27-71) › Section 49-27-3 - Public policy declared

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.
Laws, 1973, ch. 385, § 2, eff. 7/1/1973.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 27 - COASTAL WETLANDS PROTECTION ACT (§§ 49-27-1 — 49-27-71) › Section 49-27-4 - Danzler Tract in the Pascagoula River Marshes in Jackson County, Mississippi, designated the "Secretary of State Eric Clark Coastal Preserve."

(1)
The Mississippi Department of Marine Resources is authorized and directed to designate the Danzler Tract, nine hundred twenty-five (925) acres located in the Pascagoula River Marshes in Jackson County, Mississippi, acquired in 1997 with funds obtained by Secretary of State Eric Clark as trustee of the public trust tidelands and part of the Mississippi Coastal Preserves Program, as the "Secretary of State Eric Clark Coastal Preserve" in honor of his role in the development of the program.
(2)
The Mississippi Department of Marine Resources in conjunction with the Office of Secretary of State are further authorized to erect appropriate markers and signs indicating the location of the "Secretary of State Eric Clark Coastal Preserve" and other pertinent information on the mission, trail systems and visitor guidelines relating to the Mississippi Coastal Plain.
Added by Laws, 2023, ch. 464, SB 2530,§ 1, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 27 - COASTAL WETLANDS PROTECTION ACT (§§ 49-27-1 — 49-27-71) › Section 49-27-4.1 - "Big Island" located at 0 Mouth of Back Bay of Biloxi in Harrison County, Mississippi, designated "Gollott Island."

(1)
The Mississippi Department of Marine Resources is authorized and directed to designate the "Big Island", 57 acres located at the physical address of 0 Mouth of Back Bay of Biloxi in Harrison County, Mississippi, as "Gollott Island" in honor of the role of Senator Thomas A. Gollott in the development of the Mississippi Gulf Coast. Big Island is more particularly described as Patent No. 1211672 Big Island Lot 2 of Section
22-7-9
A Swamp and Overflowed land located at the mouth of the Back Bay of Biloxi. The Mississippi Department of Marine Resources is further authorized and directed to designate the breakwater improvements on the south side of the island as "Godfather Point".
(2)
The Mississippi Department of Marine Resources in conjunction with the Office of the Secretary of State are further authorized to erect appropriate markers and signs indicating the location of "Gollott Island" and "Godfather Point" and other pertinent information on the mission, trail systems and visitor guidelines relating to the Mississippi Coastal Plain.
Added by Laws, 2023, ch. 464, SB 2530,§ 2, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 27 - COASTAL WETLANDS PROTECTION ACT (§§ 49-27-1 — 49-27-71) › Section 49-27-6 - Marinas; classification

For purposes of this chapter, the following terms shall have the meanings ascribed to them in this section:
(a)
"Marina" means a facility providing more than twelve (12) mooring spaces for boats that may provide supplies and services including electricity, fresh water, fuel or sewage collection facilities.
(b)
"Public marina" means a marina that offers mooring spaces and docking facilities for lease by the general public. Public marinas include recreational and commercial marinas, and they require a "C" for commercial or "I" for industrial use designation.
(c)
"Private single-family or multi-family pier" means a pier that is part of an adjacent single-family home subdivision or multi-family condominium or apartment development that provides mooring spaces and docking facilities restricted for use by only home owners or tenants of the adjacent development. Private single-family and multi-family piers with twelve (12) or fewer mooring spaces are compatible with a "G" for general use designation. Private single-family and multi-family piers with more than twelve (12) mooring spaces require a "C" for commercial use designation. Commercial vessels may not be moored in a multi-family pier.
(d)
"Yacht club marina" means a marina that restricts mooring spaces and docking facilities to members only of a private association organization. Yacht clubs require a "C" for commercial or "I" for industrial use designation.
Laws, 2004, ch. 428, § 1; Laws, 2005, ch. 424, § 1, eff. 3/21/2005.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 27 - COASTAL WETLANDS PROTECTION ACT (§§ 49-27-1 — 49-27-71) › Section 49-27-9 - Permit required to conduct regulated activity; filing and form of application; fee

(1)
No regulated activity shall affect any coastal wetlands without a permit unless excluded in Section
49-27-7
. Any person proposing to conduct or cause to be conducted a regulated activity shall file an application for a permit with the commission in such form and with such information as the commission may prescribe. An application fee in an amount of Fifty Dollars ($50.00) for residential type regulated activity and Five Hundred Dollars ($500.00) for commercial and industrial type related activity shall accompany each application and shall be payable to the commission. No permit shall be required for a regulated activity as defined in Section
49-27-5(c)(v)
if such activity is an activity by a water dependent industry, nor shall a permit be required pursuant to Section
49-27-5(c)(v)
of any individual who seeks to construct a home, fishing camp or similar structure on his own property.
(2)
If the commission determines that the activity, area or entity is exempt or requires no permit, and that the activity, area or entity complies with the notification requirement and the coastal wetland policy as required under Section
49-27-7
, the commission may reduce the application fee by fifty percent (50%).
Laws, 1973, ch. 385, § 5(a); Laws, 1979, ch. 492, § 3; Laws, 1980, ch. 302; Laws, 1986, ch. 408, § 2; Laws, 1994, ch. 578, § 29; Laws, 2000, ch. 394, § 1, eff. 4/17/2000.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 27 - COASTAL WETLANDS PROTECTION ACT (§§ 49-27-1 — 49-27-71) › Section 49-27-13 - Application; copy may be mailed to parties

The commission may cause a copy of any application to be mailed immediately to the following parties:
(1)
The chief administrative officer in the municipality or municipalities where any part of the proposed activity will be located;
(2)
The president of the board of supervisors of any county where any part of the proposed activity will be located;
(3)
The Executive Director of the Department of Wildlife, Fisheries and Parks;
(4)
The county attorney of any county in which any part of the proposed activity will be located or in any county which may be affected by such activity;
(5)
The district attorney of any judicial district in which any part of the proposed activity will be located or of any district which may be affected by such activity; and
(6)
The Director of the Gulf Regional Planning Commission.
Laws, 1973, ch. 385, § 5(e); Laws, 1994, ch. 578, § 30; Laws, 2005, ch. 359, § 1, eff. 3/15/2005.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 27 - COASTAL WETLANDS PROTECTION ACT (§§ 49-27-1 — 49-27-71) › Section 49-27-15 - Application; notice of date for filing objections; hearing and notice of hearing; payment of publication fees and costs of providing notice to public

(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.
Laws, 1973, ch. 385, § 5(f); Laws, 1974, ch. 401, § 4; Laws, 1994, ch. 578, § 31; Laws, 2004, ch. 331, § 1; Laws, 2009, ch. 354, § 2; Laws, 2011, ch. 410, § 1, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 27 - COASTAL WETLANDS PROTECTION ACT (§§ 49-27-1 — 49-27-71) › Section 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:
(a)
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
(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.
Laws, 1973, ch. 385, § 5(g); Laws, 1974, ch. 401, § 5; Laws, 1994, ch. 578, § 32, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 27 - COASTAL WETLANDS PROTECTION ACT (§§ 49-27-1 — 49-27-71) › Section 49-27-19 - Application; appearance at hearing by person filing objection; applicant's burden of proof and right to hearing

(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.
Laws, 1973, ch. 385, § 5(h)(i), eff. 7/1/1973.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 27 - COASTAL WETLANDS PROTECTION ACT (§§ 49-27-1 — 49-27-71) › Section 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.
Laws, 1973, ch. 385, § 5(j); Laws, 1974, ch. 401, § 6; Laws, 1994, ch. 578, § 33, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 27 - COASTAL WETLANDS PROTECTION ACT (§§ 49-27-1 — 49-27-71) › Section 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.
Laws, 1973, ch. 385, § 6(a); Laws, 1974, ch. 401, § 7; Laws, 1994, ch. 578, § 34; Laws, 2005, ch. 338, § 1, eff. 3/14/2005.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 27 - COASTAL WETLANDS PROTECTION ACT (§§ 49-27-1 — 49-27-71) › Section 49-27-25 - [Repealed]

Repealed by Laws of 1989, ch. 331, § 2, eff. 7/1/1989.
Laws, 1973, ch. 385, § 6(b).
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 27 - COASTAL WETLANDS PROTECTION ACT (§§ 49-27-1 — 49-27-71) › Section 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.
Laws, 1973, ch. 385, § 6(c); Laws, 1994, ch. 578, § 35, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 27 - COASTAL WETLANDS PROTECTION ACT (§§ 49-27-1 — 49-27-71) › Section 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.
Laws, 1973, ch. 385, § 6(d); Laws, 1994, ch. 578, § 36; Laws, 2005, ch. 338, § 2, eff. 3/14/2005.
Amended by Laws, 2018, ch. 373, HB 1041,§ 1, eff. 7/1/2018.
Amended by Laws, 2016, ch. 386, HB 1124, 1, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 27 - COASTAL WETLANDS PROTECTION ACT (§§ 49-27-1 — 49-27-71) › Section 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.
Laws, 1973, ch. 385, § 6(e); Laws, 1994, ch. 578, § 37; Laws, 2001, ch. 415, § 1, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 27 - COASTAL WETLANDS PROTECTION ACT (§§ 49-27-1 — 49-27-71) › Section 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.
Laws, 1973, ch. 385, § 6(f); Laws, 1974, ch. 401, § 8; Laws, 1994, ch. 578, § 38, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 27 - COASTAL WETLANDS PROTECTION ACT (§§ 49-27-1 — 49-27-71) › Section 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.
Laws, 1973, ch. 385, § 6(g); Laws, 1994, ch. 578, § 39; Laws, 2005, ch. 338, § 3, eff. 3/14/2005.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 27 - COASTAL WETLANDS PROTECTION ACT (§§ 49-27-1 — 49-27-71) › Section 49-27-37 - Copy of order in issuance, denial, revocation or suspension of permit to be sent to parties; time; extensions

(1)
The commission shall send a copy of any order in issuance, denial, revocation or suspension of a permit to the parties stated in Section
49-27-17
, and such orders must be sent within ninety (90) days from the receipt of a complete application, or within ninety (90) days from an amendment to the application as provided by Section
49-27-11(2)
, in the case of granting or denying or thirty (30) days from the date of the hearing in the case of suspension or revocation, unless an extension is requested as provided in subsection (2) and approved by the commission.
(2)
An applicant may request, in writing, additional extensions up to ninety (90) days for the processing of an application.
Laws, 1973, ch. 385, § 6(h); Laws, 1994, ch. 578, § 40; Laws, 2004, ch. 314, § 1; Laws, 2006, ch. 305, § 1; Laws, 2009, ch. 354, § 3; Laws, 2011, ch. 394, § 2, eff. 7/1/2011.
Amended by Laws, 2014, ch. 328, HB 941, 1, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 27 - COASTAL WETLANDS PROTECTION ACT (§§ 49-27-1 — 49-27-71) › Section 49-27-39 - Appeal to chancery court; when council's order to be confirmed

(a)
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.
(b)
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.
Laws, 1973, ch. 385, § 7(a)(b), eff. 7/1/1973.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 27 - COASTAL WETLANDS PROTECTION ACT (§§ 49-27-1 — 49-27-71) › Section 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.
Laws, 1973, ch. 385, § 7(c); Laws, 1994, ch. 578, § 41, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 27 - COASTAL WETLANDS PROTECTION ACT (§§ 49-27-1 — 49-27-71) › Section 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.
Laws, 1973, ch. 385, § 7(d); Laws, 1994, ch. 578, § 42, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 27 - COASTAL WETLANDS PROTECTION ACT (§§ 49-27-1 — 49-27-71) › Section 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.
Laws, 1973, ch. 385, § 7(e); Laws, 1994, ch. 578, § 43, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 27 - COASTAL WETLANDS PROTECTION ACT (§§ 49-27-1 — 49-27-71) › Section 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.
Laws, 1973, ch. 385, § 7(f), eff. 7/1/1973.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 27 - COASTAL WETLANDS PROTECTION ACT (§§ 49-27-1 — 49-27-71) › Section 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.
Laws, 1973, ch. 385, § 7(g), eff. 7/1/1973.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 27 - COASTAL WETLANDS PROTECTION ACT (§§ 49-27-1 — 49-27-71) › Section 49-27-51 - After-the-fact authorization for work upon proper application; civil and criminal actions; who may initiate

(1)
(a)
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.
(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.
Laws, 1973, ch. 385, § 8(a)(b); Laws, 1974, ch. 401, § 9; Laws, 1982, ch. 313; Laws, 1994, ch. 578, § 44; Laws, 2009, ch. 500, § 1, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 27 - COASTAL WETLANDS PROTECTION ACT (§§ 49-27-1 — 49-27-71) › Section 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.
Laws, 1973, ch. 385, § 8(c), eff. 7/1/1973.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 27 - COASTAL WETLANDS PROTECTION ACT (§§ 49-27-1 — 49-27-71) › Section 49-27-55 - Civil liability of violators; restoration; punitive damages; mandatory injunction; jurisdiction of circuit or county court; remedies preserved

(a)
Any person who performs or causes to be performed any activity regulated by this chapter for which a permit has not been obtained, violates any provision of this chapter, regulation promulgated pursuant to this chapter or any condition of a permit, shall be liable to the State of Mississippi for the restoration of all affected coastal wetlands to their condition prior to such violation, insofar as such restoration is possible, and for any and all damages to the wetlands. The appropriate chancery court by writ of mandatory injunction shall allow a reasonable time for completion of the restoration and may, in its discretion, order as punitive damages a sum not to exceed Five Hundred Dollars ($500.00) per day for each day such violation has existed. The chancery court may further order as punitive damages a sum not to exceed Five Hundred Dollars ($500.00) per day for each day that the violation exists beyond the date set by the court in its injunction for the restoration of the wetland. If injunctive relief is not sought, the appropriate circuit or county court shall have jurisdiction over any action for damages and/or punitive damages as set forth in this paragraph.
(b)
Nothing in this chapter shall preclude other statutory or common law remedies by public or private parties against violators or nonviolators of this chapter.
Laws, 1973, ch. 385, § 8(d)(e); Laws, 1989, ch. 420, § 1, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 27 - COASTAL WETLANDS PROTECTION ACT (§§ 49-27-1 — 49-27-71) › Section 49-27-57 - Fines and penalties

(a)
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.
(b)
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.
(c)
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.
Laws, 1973, ch. 385, § 9, eff. 7/1/1973.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 27 - COASTAL WETLANDS PROTECTION ACT (§§ 49-27-1 — 49-27-71) › Section 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.
Laws, 1973, ch. 385, § 10; Laws, 1994, ch. 578, § 45, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 27 - COASTAL WETLANDS PROTECTION ACT (§§ 49-27-1 — 49-27-71) › Section 49-27-61 - Charges for materials removed under permit; alternative for dredge material disposal

(1)
(a)
The commission shall charge Fifty Cents (50¢) per cubic yard for any sand or gravel removed from wetlands and Twenty-five Cents (25¢) per cubic yard for any other materials removed from coastal wetlands by a permittee or his agent under the terms of any permit issued.
(b)
There shall be no charge levied by the commission for the removal of one hundred (100) cubic yards or less of any material removed from wetlands by a permittee or his agent under the terms of any permit issued.
(c)
The commission may waive these charges on any project of a governmental agency or any project wherein expenditures are made as the result of a governmental grant or governmental bond proceeds.
(d)
Any party participating in the beneficial use of dredge materials programs under subsection (2) shall be exempt from these charges.
(2)
The department shall require any party permitted to conduct dredging activities of over two thousand five hundred (2,500) cubic yards to participate in the department programs involving beneficial use of dredge materials, provided the material is suitable and a beneficial use site is available. If approved by the executive director, or his designee, a party may deposit acceptable dredge materials in a designated location for a fee not to exceed fifty percent (50%) of the fair market cost to transport and dispose of the material in an approved upland site. The department shall consider in-kind services for offsetting depositional charges.
Laws, 1973, ch. 385, § 11; Laws, 1988, ch. 408, § 3; Laws, 1994, ch. 578, § 46; Laws, 2005, ch. 371, § 2; Laws, 2010, ch. 412, § 1, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 27 - COASTAL WETLANDS PROTECTION ACT (§§ 49-27-1 — 49-27-71) › Section 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.
Laws, 1973, ch. 385, § 12; Laws, 1994, ch. 578, § 47; Laws, 2009, ch. 320, § 1, eff. 7/1/2009.