reglab/statecodes huggingface dataset:
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 49-27-65 - Evaluation of coastal wetlands; charts; education of public; overall use plan

(a)
To implement the policy set forth in the chapter and to assist in the protection of coastal wetlands, the commission acting with the cooperation and assistance of the Gulf Regional Planning Commission and the Gulf Coast Research Laboratory shall evaluate the coastal wetlands and prepare charts at an appropriate scale showing the distribution of coastal wetlands as defined in this chapter. These charts will be provided to the offices of the chancery clerk of affected counties and to the Gulf Regional Planning Commission. The charts will be updated and reissued periodically as needed to provide a current inventory of coastal wetlands.
(b)
The commission shall promote the education of the public about scientific and economic knowledge concerning coastal wetlands.
(c)
In recognition of the national policy expressed in the Coastal Zone Management Act of 1972, Public Law 92-583, the commission is directed to include an overall plan for use of coastal and private wetlands in the Mississippi Coastal Zone Management Plan being prepared by the commission. The commission is further directed to identify and include in such plan specific coastal and private wetlands which should be set aside as estuarine sanctuaries.
Laws, 1973, ch. 385, § 13; Laws, 1994, ch. 578, § 48, 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 49-27-67 - 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.
Laws, 1973, ch. 385, § 14, 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 49-27-69 - 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".
Laws, 1973, ch. 385, § 15; Laws, 1994, ch. 578, § 49, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 28 - SHORELINE AND BEACH PRESERVATION DISTRICTS (§§ 49-28-1 — 49-28-49) › Section 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.
Laws, 1999, ch. 566, § 1, eff. 4/21/1999.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 28 - SHORELINE AND BEACH PRESERVATION DISTRICTS (§§ 49-28-1 — 49-28-49) › Section 49-28-3 - Petition for incorporation

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.
Laws, 1999, ch. 566, § 2, eff. 4/21/1999.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 28 - SHORELINE AND BEACH PRESERVATION DISTRICTS (§§ 49-28-1 — 49-28-49) › Section 49-28-5 - Hearing; adoption of resolution of findings and intention to create district

(1)
Upon the filing of a petition, the board of supervisors shall fix a time and place for a public hearing upon the question of the public convenience and necessity of the incorporation of the proposed district. The date fixed for the hearing shall be not more than thirty (30) days after the filing of the petition. The time, date and location of the hearing, the proposed boundaries of the district, and the purpose of the hearing shall be set forth in a notice to be signed by the clerk of the board of supervisors. The notice shall be published in a newspaper having general circulation within the proposed district once a week for at least three (3) consecutive weeks before the date of the hearing. The first publication of the notice shall be made not less than twenty-one (21) days before the date of the hearing and the last publication shall be made not more than seven (7) days before the date of the hearing.
(2)
If, at the public hearing, the board of supervisors finds (a) that the public convenience and necessity require the creation of the district and (b) that the creation of the district is economically sound and desirable, then the board of supervisors shall adopt a resolution making those findings and declaring its intention to create the district on a date to be specified in the resolution. The resolution shall also designate the name of the proposed district, define its territorial limits which shall be fixed by the board of supervisors pursuant to the hearing, and state whether or not the board of supervisors shall levy the ad valorem tax authorized in Section
49-28-27
and whether or not the board of supervisors proposes to make special assessments against benefited properties as outlined in Section
49-28-29
.
Laws, 1999, ch. 566, § 3, eff. 4/21/1999.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 28 - SHORELINE AND BEACH PRESERVATION DISTRICTS (§§ 49-28-1 — 49-28-49) › Section 49-28-7 - Publication of notice of intent to create district; referendum on creation of district

(1)
A certified copy of the adopted resolution shall be published in a newspaper having a general circulation within the proposed district once a week for at least three (3) consecutive weeks before the date specified in the resolution as the date upon which the board of supervisors intends to create the district. The first publication of the notice shall be made not less than twenty-one (21) days before the date specified, and the last publication shall be made not more than seven (7) days before the date.
(2)
If twenty percent (20%) or one hundred fifty (150), whichever is less, of the qualified electors of the county residing within the proposed district file a written petition with the board of supervisors on or before the date specified in the resolution under subsection (1) of this section protesting the creation of the district, the board of supervisors shall call an election on the question of the creation of the district. The election shall be held and conducted by the election commissioners of the county, as far as is practicable in accordance with the general laws governing elections. The election commissioners shall determine which of the qualified electors of the county reside within the proposed district, and only those qualified electors as reside within the proposed district shall be entitled to vote in the election. Notice of the election setting forth the time, place or places, and purpose of the election shall be published by the clerk of the board of supervisors. The notice shall be published for the time and in the manner provided in Section
49-28-5
for the publication of the resolution of intent. The ballot to be prepared for and used at the election shall be in substantially the following form:
"FOR CREATION OF ____________________ DISTRICT: ( )
AGAINST CREATION OF ____________________ DISTRICT: ( )."
Voters shall vote by placing a cross mark (x) or check mark (TICK) opposite their choice.
Laws, 1999, ch. 566, § 4, eff. 4/21/1999.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 28 - SHORELINE AND BEACH PRESERVATION DISTRICTS (§§ 49-28-1 — 49-28-49) › Section 49-28-9 - Adoption of resolution creating district

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.
Laws, 1999, ch. 566, § 5, eff. 4/21/1999.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 28 - SHORELINE AND BEACH PRESERVATION DISTRICTS (§§ 49-28-1 — 49-28-49) › Section 49-28-11 - Payment of costs for creation of district

If the creation of the district is initiated by petition, the board of supervisors may bear the costs of meeting the requirements of this chapter or may require the parties filing the petition to bear the costs. The board of supervisors may require the execution of a cost bond by the parties filing the petition. The bond shall be in an amount and with good sureties to guarantee the payment of any costs.
Laws, 1999, ch. 566, § 6, eff. 4/21/1999.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 28 - SHORELINE AND BEACH PRESERVATION DISTRICTS (§§ 49-28-1 — 49-28-49) › Section 49-28-13 - Appeals

Any party having an interest in the subject matter and aggrieved or prejudiced by the findings and adjudication of the board of supervisors may appeal to the circuit court of the county in the manner provided by law for appeals from orders of the board of supervisors. However, if no appeal is taken within fifteen (15) days after the date of the adoption of the resolution creating the district, the creation of the district shall be final and shall not be subject to attack in any court after that time.
Laws, 1999, ch. 566, § 7, eff. 4/21/1999.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 28 - SHORELINE AND BEACH PRESERVATION DISTRICTS (§§ 49-28-1 — 49-28-49) › Section 49-28-15 - District to be public corporation in perpetuity

Beginning on the date of the adoption of the resolution creating a district, the district shall be a public corporation in perpetuity under its corporate name and shall, in that name, be a body politic and corporate with power of perpetual succession.
Laws, 1999, ch. 566, § 8, eff. 4/21/1999.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 28 - SHORELINE AND BEACH PRESERVATION DISTRICTS (§§ 49-28-1 — 49-28-49) › Section 49-28-21 - Power of eminent domain

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.
Laws, 1999, ch. 566, § 11, eff. 4/21/1999.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 28 - SHORELINE AND BEACH PRESERVATION DISTRICTS (§§ 49-28-1 — 49-28-49) › Section 49-28-25 - Purposes for which special improvement bond issued; district empowered to do any act to secure bonds or make them more marketable

In addition to the purposes authorized by Section
49-28-23
, any district created under this chapter may issue negotiable special improvement bonds of the district in the manner provided in Section
49-28-23
, for any of the following purposes:
(a)
To refund the outstanding bonds of the district upon a finding by the board of commissioners that the refunding is in the public interest;
(b)
To improve or extend the structures or facilities of the district or to conduct projects of the district; and
(c)
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 (reference to the state or federal government as used in this section shall specifically include any agency thereof).
The district may make any covenants and do any acts and things as may be necessary, convenient and desirable to secure the bonds or make the bonds more marketable, notwithstanding that the covenants, acts or things may not be enumerated in this chapter or expressly authorized in this chapter. The board of commissioners, in issuing the negotiable special improvement bonds, shall have the power to do all things required or necessary in the issuance of those bonds and for their execution which are not inconsistent with the Mississippi Constitution of 1890.
Laws, 1999, ch. 566, § 13, eff. 4/21/1999.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 28 - SHORELINE AND BEACH PRESERVATION DISTRICTS (§§ 49-28-1 — 49-28-49) › Section 49-28-27 - Authorization for ad valorem tax on real property

(1)
The board of supervisors of the county in which a district exists, may, according to the terms of the resolution and upon receipt of a resolution of the board of commissioners adopted by a three-fifths (3/5) majority of that board requesting the funds, levy a special tax, not to exceed four (4) mills annually, on all taxable real property in the district. The avails of the tax shall be paid over to the board of commissioners of the district to be used either for the support of the district, planning, design, construction, operation, maintenance or improvement of projects of the district or for the retirement of any bonds issued by the district, or for any combination of those uses.
(2)
The proceeds derived from two (2) mills of the levy authorized in this section shall be included in the ten percent (10%) increase limitation under Section
27-39-321
, and the proceeds derived from any additional millage levied under this subsection in excess of two (2) mills shall be excluded from that limitation for the first year of such additional levy and shall be included within that limitation in any year thereafter.
(3)
Following the initial tax levy, the special tax levy under this subsection may be increased only when the board of supervisors, after receipt of the resolution of the board of commissioners requesting an increase and stating the proposed amount of the increase and the purposes for which the additional revenues shall be used, has determined the need for additional revenues, adopts a resolution declaring its intention to increase the levy and has held an election on the question of increasing the tax levy prescribed in this section. The notice calling for an election shall state the purposes for which the additional revenues shall be used and the amount of the tax levy to be imposed for those purposes. The tax levy may be increased only if the proposed increase is approved by a three-fifths (3/5) majority of those voting within the district. Only those qualified electors of the county which reside in the district may vote in the election. Subject to specific provisions of this paragraph to the contrary, the publication of notice and manner of holding the election within the district shall be as prescribed by law for the holding of elections for the issuance of bonds by the board of supervisors. The election shall be held only within the district.
Laws, 1999, ch. 566, § 14, eff. 4/21/1999.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 28 - SHORELINE AND BEACH PRESERVATION DISTRICTS (§§ 49-28-1 — 49-28-49) › Section 49-28-29 - Special assessments

In addition to the sources of funding provided for in Sections
49-28-1
through
49-28-27
, the board of commissioners, if approved by the board of supervisors in the resolution creating the district, may levy and collect special assessments on certain property located in the district to provide funds for the purposes for which bonds may be issued under Sections
49-28-23
and
49-28-25
. The board of commissioners may pledge the receipts from the special assessments to secure the payment of the principal of, premium, if any, and interest on any bonds authorized to be issued under this chapter. Special assessments may be levied on the property within the boundaries of the district at the time the special assessments are levied. Any special assessments authorized under this section shall be levied and collected in the manner provided in Chapter 41, Title 21, Mississippi Code of 1972. The board may secure bonds of the district solely from the receipts of special assessments, or may pledge such receipts in addition to the pledge of receipts from any tax levy authorized in this chapter, or from any combination of monies from the special assessments and tax levies. Bonds issued under Section
49-28-23
or Section
49-28-25
shall be payable as to principal, premium, if any, and interest solely from the sources authorized in this chapter.
Laws, 1999, ch. 566, § 15, eff. 4/21/1999.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 28 - SHORELINE AND BEACH PRESERVATION DISTRICTS (§§ 49-28-1 — 49-28-49) › Section 49-28-31 - Special assessments; bonds secured by pledge thereof

Any bonds secured by a pledge of the special assessments shall mature at any time or times, not exceeding twenty-five (25) years from the date of the bonds, and may be in fully registered form or in bearer form, as determined by the board of commissioners.
Laws, 1999, ch. 566, § 16, eff. 4/21/1999.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 28 - SHORELINE AND BEACH PRESERVATION DISTRICTS (§§ 49-28-1 — 49-28-49) › Section 49-28-33 - Special assessments; payment

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.
Laws, 1999, ch. 566, § 17, eff. 4/21/1999.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 28 - SHORELINE AND BEACH PRESERVATION DISTRICTS (§§ 49-28-1 — 49-28-49) › Section 49-28-37 - Written protest objecting to assessments

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.
Laws, 1999, ch. 566, § 19, eff. 4/21/1999.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 28 - SHORELINE AND BEACH PRESERVATION DISTRICTS (§§ 49-28-1 — 49-28-49) › Section 49-28-39 - Financial assistance or cooperation from state or federal government

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.
Laws, 1999, ch. 566, § 20, eff. 4/21/1999.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 28 - SHORELINE AND BEACH PRESERVATION DISTRICTS (§§ 49-28-1 — 49-28-49) › Section 49-28-41 - Chapter as full and complete authority

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.
Laws, 1999, ch. 566, § 21, eff. 4/21/1999.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 28 - SHORELINE AND BEACH PRESERVATION DISTRICTS (§§ 49-28-1 — 49-28-49) › Section 49-28-43 - Publication of financial statement

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.
Laws, 1999, ch. 566, § 22, eff. 4/21/1999.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 28 - SHORELINE AND BEACH PRESERVATION DISTRICTS (§§ 49-28-1 — 49-28-49) › Section 49-28-45 - Validation of bonds

Any bonds issued under the provisions of this chapter may be submitted for validation under the provisions of Chapter 13, Title 31, Mississippi Code of 1972.
Laws, 1999, ch. 566, § 23, eff. 4/21/1999.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 28 - SHORELINE AND BEACH PRESERVATION DISTRICTS (§§ 49-28-1 — 49-28-49) › Section 49-28-47 - Chapter to be liberally construed

This chapter shall be liberally construed for the purposes herein set out, the powers hereby granted being additional, cumulative and supplemental to any power granted to a board of supervisors by any general or local and private act of the Legislature.
Laws, 1999, ch. 566, § 24, eff. 4/21/1999.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 28 - SHORELINE AND BEACH PRESERVATION DISTRICTS (§§ 49-28-1 — 49-28-49) › Section 49-28-49 - Severability

If any provisions of this chapter shall be held to be invalid by any court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
Laws, 1999, ch. 566, § 25, eff. 4/21/1999.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 29 - ENVIRONMENTAL PROTECTION COUNCIL [Repealed] (§ 49-29-1) › Section 49-29-1 - through 49-29-11 - [Repealed]

Repealed by Laws of 1993, ch. 516, § 10, eff. 6/30/1993.
§ 49-29-1. [Laws, 1981, ch. 544, § 1; repealed by Laws, 1981, ch. 544, § 8; Laws, 1988, ch. 594, § 1; Am Laws, 1989, ch. 333, § 1] § 49-29-3. [Laws, 1981, ch. 544, § 2; repealed by Laws, 1981, ch. 544, § 8; Laws, 1988, ch. 594, § 2] § 49-29-5. [Laws, 1981, ch. 544, § 3; repealed by Laws, 1981, ch. 544, § 8; Laws, 1988, ch. 594, § 3] § 49-29-7. [Laws, 1981, ch. 544, § 4; repealed by Laws, 1981, ch. 544, § 8; Laws, 1988, ch. 594, § 4; Laws, 1989, ch. 476, § 1; Laws, 1990, ch. 506, § 4] § 49-29-9. [Laws, 1981, ch. 544, § 5; repealed by Laws, 1981, ch. 544, § 8; Laws, 1988, ch. 594, § 5] § 49-29-11. [Laws, 1989, ch. 333, § 2; Am Laws, 1991, ch. 398, § 1]
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 31 - MISSISSIPPI MULTIMEDIA POLLUTION PREVENTION ACT (§§ 49-31-1 — 49-31-43) › GENERAL PROVISIONS (§§ 49-31-1 — 49-31-27) › Section 49-31-1 - Short title

This chapter shall be known and may be cited as the "Mississippi Multimedia Pollution Prevention Act."
Laws, 1990, ch. 507, § 1; Laws, 1994, ch. 637 § 1, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 31 - MISSISSIPPI MULTIMEDIA POLLUTION PREVENTION ACT (§§ 49-31-1 — 49-31-43) › GENERAL PROVISIONS (§§ 49-31-1 — 49-31-27) › Section 49-31-3 - Legislative findings

The Legislature finds that:
(a)
Inefficient and improper methods of managing waste create hazards to public health, cause pollution of the air and water resources and constitute a waste of natural resources;
(b)
Problems in preventing pollution are statewide in scope and necessitate state action in improving methods and processes to promote more efficient methods of managing and reducing the waste generated in the state;
(c)
The economic and population growth of our state and improvements in the standard of living enjoyed by our population have required increased industrial production which, coupled with expanding commercial and agricultural operations, have resulted in a rise in the amounts of waste generated;
(d)
State government should take a proactive role to assist business, industry, academic institutions, governmental entities and the citizens of the state in the development of a coordinated pollution prevention program that addresses the need for both environmental protection and economic growth;
(e)
There are significant opportunities for business, industry, academic institutions and governmental entities to eliminate or reduce the generation of waste at the source through cost-effective pollution prevention technologies and procedures. Use of these technologies and procedures offers business, industry, academic institutions and governmental entities savings in materials, waste management and liability costs;
(f)
The opportunities for pollution prevention are often not realized because existing regulations focus more upon treatment and disposal than pollution prevention and do not emphasize multimedia management of waste; and
(g)
Pollution prevention is the ultimate goal in waste management. The use of pollution prevention policies and technologies as an integral part of the waste management system, thereby reducing the need for the creation of additional management capacity, is strongly endorsed.
Laws, 1990, ch. 507, § 2; Laws, 1994, ch. 637 § 2, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 31 - MISSISSIPPI MULTIMEDIA POLLUTION PREVENTION ACT (§§ 49-31-1 — 49-31-43) › GENERAL PROVISIONS (§§ 49-31-1 — 49-31-27) › Section 49-31-5 - Legislative intent

(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.
Laws, 1990, ch. 507, § 3; Laws, 1994, ch. 637 § 3, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 31 - MISSISSIPPI MULTIMEDIA POLLUTION PREVENTION ACT (§§ 49-31-1 — 49-31-43) › GENERAL PROVISIONS (§§ 49-31-1 — 49-31-27) › Section 49-31-7 - Purposes of chapter

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.
Laws, 1990, ch. 507, § 4; Laws, 1994, ch. 637 § 4, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 31 - MISSISSIPPI MULTIMEDIA POLLUTION PREVENTION ACT (§§ 49-31-1 — 49-31-43) › GENERAL PROVISIONS (§§ 49-31-1 — 49-31-27) › Section 49-31-9 - Definitions

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.
Laws, 1990, ch. 507, § 5; Laws, 1994, ch. 637 § 5, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 31 - MISSISSIPPI MULTIMEDIA POLLUTION PREVENTION ACT (§§ 49-31-1 — 49-31-43) › GENERAL PROVISIONS (§§ 49-31-1 — 49-31-27) › Section 49-31-13 - Comprehensive study of status of pollution prevention and recycling activities

(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.
Laws, 1990, ch. 507, § 7; Laws, 1994, ch. 637 § 7; Laws, 2006, ch. 587, § 7, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 31 - MISSISSIPPI MULTIMEDIA POLLUTION PREVENTION ACT (§§ 49-31-1 — 49-31-43) › GENERAL PROVISIONS (§§ 49-31-1 — 49-31-27) › Section 49-31-15 - State agencies, branches and institutions to establish recycling programs and source reduction programs

It shall be the duty of each state agency, the judicial branch of state government, the state institutions of higher learning and community colleges to:
(a)
Establish a program, in cooperation with the Department of Environmental Quality and the Department of Finance and Administration, for the collection of recyclable materials as determined by the Department of Environmental Quality, generated in state offices throughout the state.
(b)
Provide procedures for collecting and storing recyclable materials, containers for storing recyclable materials and contractual arrangements with buyers of recyclable materials.
(c)
Evaluate the amount of recyclable materials recycled and make all necessary modifications to the recycling program to ensure that recyclable materials, as determined by the Department of Environmental Quality, are effectively and practically recycled.
(d)
Establish and implement, in cooperation with the Department of Environmental Quality and the Department of Finance and Administration, a source reduction program for materials, as determined by the Department of Environmental Quality, used in the course of agency operations. The program shall be designed and implemented to achieve the maximum feasible source reduction of waste as a result of agency operations.
Laws, 1990, ch. 507, § 8; Laws, 2006, ch. 587, § 8, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 31 - MISSISSIPPI MULTIMEDIA POLLUTION PREVENTION ACT (§§ 49-31-1 — 49-31-43) › GENERAL PROVISIONS (§§ 49-31-1 — 49-31-27) › Section 49-31-17 - Mississippi Department of Environmental Quality and the Mississippi Development Authority to assist and promote recycling industry

The Mississippi Department of Environmental Quality and the Mississippi Development Authority shall assist and actively promote the recycling industry in the state. Assistance and promotion of the recycling industry shall include, but is not limited to:
(a)
Identification and analysis, in cooperation with the Department of Environmental Quality, of components of the state's recycling industry and present and potential markets for recyclable materials in the state or other states;
(b)
Provision of information on the availability and benefits of using recycled materials to business, industry, academic institutions and governmental entities within the state;
(c)
Distribution of any material prepared in implementing this section to business, industry, academic institutions, governmental entities and the general public upon request; and
(d)
Active promotion of the present markets and development of the potential markets of recyclable materials through the resources of the Mississippi Department of Environmental Quality and the Mississippi Development Authority.
Laws, 1990, ch. 507, § 9; Laws, 1991, ch. 494 § 4; Laws, 2006, ch. 587, § 9, eff. 7/1/2006.
Amended by Laws, 2017, ch. 404, HB 1330, 7, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 31 - MISSISSIPPI MULTIMEDIA POLLUTION PREVENTION ACT (§§ 49-31-1 — 49-31-43) › GENERAL PROVISIONS (§§ 49-31-1 — 49-31-27) › Section 49-31-19 - Department of Education to develop waste minimization awareness program; advisory role of Department of Environmental Quality; program of student instruction in minimization of waste

(1)
On or before July 1, 2007, the Department of Education with advice of the Department of Environmental Quality is directed to develop or select curriculum, including materials and resource guides, for a waste minimization awareness program at the elementary and secondary levels of education.
(2)
In order to orient students and their families to the minimization of waste and to encourage the participation of schools, communities and families in waste minimization programs, the school board of each school district in the state shall provide a program of student instruction in the minimization of waste materials. The instruction shall be provided at both the elementary and secondary levels of education.
Laws, 1990, ch. 507, § 10; Laws, 2006, ch. 587, § 10, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 31 - MISSISSIPPI MULTIMEDIA POLLUTION PREVENTION ACT (§§ 49-31-1 — 49-31-43) › GENERAL PROVISIONS (§§ 49-31-1 — 49-31-27) › Section 49-31-23 - [Repealed]

Repealed by Laws of 2002, ch. 483, § 5, eff. 7/1/2002.
Laws, 1990, ch. 507, § 13; Laws, 1994, ch. 637 § 9, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 31 - MISSISSIPPI MULTIMEDIA POLLUTION PREVENTION ACT (§§ 49-31-1 — 49-31-43) › GENERAL PROVISIONS (§§ 49-31-1 — 49-31-27) › Section 49-31-27 - [Repealed]

Repealed by Laws of 1994, ch. 637, § 11, eff. 7/1/1994.
Laws, 1990, ch. 507, § 16.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 31 - MISSISSIPPI MULTIMEDIA POLLUTION PREVENTION ACT (§§ 49-31-1 — 49-31-43) › TASK FORCE ON RECYCLING (§§ 49-31-41 — 49-31-43) › Section 49-31-41 - [Repealed]

Laws, 2004, ch. 536, § 3, eff. 7/1/2004.
Repealed by Laws, 2017, ch. 402, SB 2572, 10, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 31 - MISSISSIPPI MULTIMEDIA POLLUTION PREVENTION ACT (§§ 49-31-1 — 49-31-43) › TASK FORCE ON RECYCLING (§§ 49-31-41 — 49-31-43) › Section 49-31-43 - [Repealed]

Laws, 2004, ch. 536, § 4, eff. 7/1/2004.
Repealed by Laws, 2017, ch. 404, HB 1330, 6, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 33 - MISSISSIPPI AGRICULTURAL AND FORESTRY ACTIVITY ACT (§§ 49-33-1 — 49-33-19) › Section 49-33-1 - Short title

This chapter shall be known and may be cited as the "Mississippi Agricultural and Forestry Activity Act."
Laws, 1994, ch. 647, § 3; reenacted and amended, Laws, 1995, ch. 379, § 1, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 33 - MISSISSIPPI AGRICULTURAL AND FORESTRY ACTIVITY ACT (§§ 49-33-1 — 49-33-19) › Section 49-33-3 - Purpose

The purpose of this chapter is to establish the policy of the State of Mississippi as allowing owners of property classified as forest or agricultural land and owners of timber, wood and forest products on forest land owned by another to conduct forestry or agricultural activities, or if the State of Mississippi prohibits or severely limits such forestry or agricultural activities, to compensate the owners for their loss.
Laws, 1994, ch. 647, § 4; reenacted and amended, Laws, 1995, ch. 379, § 2, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 33 - MISSISSIPPI AGRICULTURAL AND FORESTRY ACTIVITY ACT (§§ 49-33-1 — 49-33-19) › Section 49-33-5 - Declaration of policy

It is declared the policy of the State of Mississippi to conserve, protect and encourage the continued use, development and improvement of forest and agricultural land within the state for the production of agricultural products and timber, wood and forest products including nongame species. The vital and significant contributions of forestry and agricultural activities to the economy of the State of Mississippi and the use of land in the state as forest and agricultural lands are essential factors in providing for the favorable quality of life in the State of Mississippi.
Laws, 1994, ch. 647, § 5; reenacted and amended, Laws, 1995, ch. 379, § 3, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 33 - MISSISSIPPI AGRICULTURAL AND FORESTRY ACTIVITY ACT (§§ 49-33-1 — 49-33-19) › Section 49-33-9 - Inverse condemnation

(1)
Right of action: Any action by the State of Mississippi that constitutes an inverse condemnation of forest or agricultural land, timber, wood or forest products, including nongame species or personal property rights associated with conducting forestry or agricultural activities, shall give the owner a cause of action under Section
11-46-1
et seq. for the payment of awards against the entity or entities causing the inverse condemnation, notwithstanding any provision of this chapter to the contrary. The owner shall have the right to file an inverse condemnation action before any court having jurisdiction over the county in which the forest or agricultural land is located. A determination that a use is noxious in fact or possesses a demonstrable harm to the public health and safety is not binding upon a court of law and a judicial review of the action shall be de novo.
(2)
Subsequent repeal or rescission by the state: The entity sued in any inverse condemnation action shall have the right to repeal the action complained of in the suit before a decision becoming final. Such repeal shall entitle the owner to recover its damages arising out of the action before the repeal, and, in the discretion of the court, its costs of litigation (including reasonable attorney and expert witness fees). Subsequent repeal of the action by the state after a decision has become final shall not entitle the state to refuse payment, obtain a return of payment (if made) or result in ownership in the property by the state (absent a taking of one hundred percent (100%) of the property).
(3)
Payment of awards for inverse condemnation: Payment of awards for inverse condemnation shall be made by the entity or entities as determined by the court subject to applicable limits provided in Section
11-46-15
. Payment shall not result in ownership in the property by the state (absent a taking of one hundred percent (100%) of the property). If more than one (1) entity is involved, the payment shall be made in the percentage of liability as allocated by the trier of fact in the inverse condemnation action. If any county, municipality, or political subdivision of the state whose actions constitute inverse condemnation as defined in this chapter are unable to pay the costs awarded, then the action causing the inverse condemnation shall be rescinded within sixty (60) days after the judgment of the court.
Laws, 1994, ch. 647, § 7; reenacted and amended, Laws, 1995, ch. 379, § 5, eff. 7/1/1995.