reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › SOUTH CENTRAL INTERSTATE FOREST FIRE COMPACT (§§ 49-19-141 — 49-19-149) › Section 49-19-147 - Powers and duties of compact administrator

The compact administrator, with the assistance of the advisory committee, shall be authorized to do any and all things necessary in order to effectuate the terms and provisions of the compact contained herein, and Sections
49-19-141
through
49-19-149
shall be entitled to a liberal interpretation in order to carry out the spirit and intent of interstate cooperation in fire control for the mutual benefit of the states participating therein. Among the powers conferred upon the compact administrator, but not limiting his powers thereto, shall be that of formulating and, in accordance with need, from time to time, revising a regional forest fire plan for the member states. It shall be the duty of the compact administrator of Mississippi in cooperation with those compact administrators in the member states to formulate and put in effect a forest fire plan for Mississippi and take such measures as may be necessary to integrate such forest fire plan with the forest fire plan formulated by the compact administrators.
Codes, 1942, § 6046-44; Laws, 1954, ch. 181, § 4.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › SOUTH CENTRAL INTERSTATE FOREST FIRE COMPACT (§§ 49-19-141 — 49-19-149) › Section 49-19-149 - Giving and accepting assistance from member states

Among the other rights and powers conferred by Sections
49-19-141
to
49-19-149
, but not limiting the same, is the right and power of this state to go to the assistance of a member state and to accept aid and assistance from a member state, paying therefore under the terms and provisions of Articles IV and V of the compact contained herein; and the State of Mississippi pledges hereby that it will pay any sums due under this compact for the employment of personnel or otherwise where assistance is rendered to Mississippi by a member state. Articles IV and V are hereby ratified, confirmed and approved.
Codes, 1942, § 6046-45; Laws, 1954, ch. 181, § 5.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › SOUTHEASTERN INTERSTATE FOREST FIRE PROTECTION COMPACT (§§ 49-19-171 — 49-19-179) › Section 49-19-173 - When compact effective

When the governor shall have executed said compact on behalf of this state and shall have caused a verified copy thereof to be filed with the state secretary, and when the compact shall have been ratified by one or more of the states named in Section
49-19-171
, then the compact shall become operative and effective as between this state and such other state or states. The governor is hereby authorized and directed to take such action as may be necessary to complete the exchange of official documents as between this state and any other state ratifying the compact.
Codes, 1942, § 6046-52; Laws, 1954, ch. 180, § 2.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › SOUTHEASTERN INTERSTATE FOREST FIRE PROTECTION COMPACT (§§ 49-19-171 — 49-19-179) › Section 49-19-175 - State forester as compact administrator; advisory committee

The state forester of Mississippi shall act as "compact administrator" for the State of Mississippi and represent Mississippi in the Southeastern Interstate Forest Fire Protection Compact. The "advisory committee" shall be composed of four (4) members as follows:
(1)
One member of the senate,
(2)
one member of the house of representatives, each of whom shall be appointed by the Mississippi Commission on Interstate Cooperation,
(3)
the state forester or his successor, or a comparable official, in the event of amendment to the present law, who shall be appointed by the governor and shall serve as chairman of the advisory committee, and
(4)
one member shall be associated with forestry or forest products industries, to be appointed by the governor; each member shall serve for a term of four (4) years and be eligible to immediately succeed himself. Advisory committee members shall be reimbursed for all necessary travel expenses incurred while attending compact meetings provided the total expenditure of the four members does not exceed One Thousand Two Hundred Dollars ($1,200.00) per year.
Codes, 1942, § 6046-53; Laws, 1954, ch. 180, § 3; Laws, 1971, ch. 428, § 1, eff. 7/1/1971.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › SOUTHEASTERN INTERSTATE FOREST FIRE PROTECTION COMPACT (§§ 49-19-171 — 49-19-179) › Section 49-19-177 - Powers and duties of compact administrator

The compact administrator, with the assistance of the advisory committee, shall be authorized to do any and all things necessary in order to effectuate the terms and provisions of the compact contained herein and Sections
49-19-171
through
49-19-179
shall be entitled to a liberal interpretation in order to carry out the spirit and intent of interstate cooperation in fire control for the mutual benefit of the states participating therein. Among the powers conferred upon the compact administrator, but not limiting his powers thereto, shall be that of formulating and, in accordance with need, from time to time, revising a regional forest fire plan for the member states. It shall be the duty of the compact administrator of Mississippi in cooperation with those compact administrators in the member states to formulate and put in effect a forest fire plan for Mississippi and take such measures as may be necessary to integrate such forest fire plan with the forest fire plan formulated by the compact administrators.
Codes, 1942, § 6046-54; Laws, 1954, ch. 180, § 4.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › SOUTHEASTERN INTERSTATE FOREST FIRE PROTECTION COMPACT (§§ 49-19-171 — 49-19-179) › Section 49-19-179 - Giving and accepting assistance from member states

Among the other rights and powers conferred by Sections
49-19-171
through
49-19-179
, but not limiting the same, is the right and power of this state to go to the assistance of a member state and to accept aid and assistance from a member state, paying therefor under the terms and provisions of Articles IV and V of the compact contained herein; and the State of Mississippi pledges hereby that it will pay any sums due under this compact for the employment of personnel or otherwise where assistance is rendered to Mississippi by a member state. Articles IV and V are hereby ratified, confirmed and approved.
Codes, 1942, § 6046-55; Laws, 1954, ch. 180, § 5.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › FOREST RESOURCES DEVELOPMENT PROGRAM (§§ 49-19-201 — 49-19-227) › Section 49-19-201 - Short title

Sections
49-19-201
through
49-19-227
shall be cited as the "Forest Resource Development Law of 1974".
Laws, 1974, ch. 326, § 1, eff. 3/5/1974.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › FOREST RESOURCES DEVELOPMENT PROGRAM (§§ 49-19-201 — 49-19-227) › Section 49-19-203 - Public policy stated

The legislature of the State of Mississippi recognizes that the growing demands on forests and related land resources cannot be met by intensive management of public lands and industrial forests alone, and declares that the development of forest resources on poorly stocked, idle and poorly managed lands in Mississippi is needed to insure that Mississippi shall continue to develop its forest economy.
The legislature declares the development of forest resources on suitable lands to be a public policy of the State of Mississippi. The legislature is mindful, in stating this policy, that continuous timber growth of commercially valuable species for needed forest products is in the public interest, and that such growth can be attained, to a considerable degree, by making financial assistance available to private non-industrial landowners for developing forest resources on desirable and suitable sites.
Laws, 1974, ch. 326, § 2, eff. 3/5/1974.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › FOREST RESOURCES DEVELOPMENT PROGRAM (§§ 49-19-201 — 49-19-227) › Section 49-19-205 - Definitions

For purposes of Sections
49-19-201
through
49-19-227
, the following words shall have the meaning ascribed herein unless the context requires otherwise:
(a)
"Commission" shall mean the state forestry commission.
(b)
"State forester" shall mean the forester appointed by the commission.
(c)
"Eligible owner" shall mean either (i) a private individual, group or association, or (ii) an agency of state, local or municipal government, but the term shall not mean or include private corporations manufacturing products or providing public utility services of any type or any subsidiary of such corporations; provided, however, only one (1) owner of land owned in joint tenancy or tenancy in common and only one (1) member or officer of any group or association shall be eligible to apply for or receive cost-share assistance to be expended for development of any or all lands owned by such owners or group or association.
(d)
"Eligible lands" shall mean (i) non-industrial private lands owned by a private individual, group or association, and (ii) lands owned by the State of Mississippi or any political subdivision thereof, but shall not include lands owned by private corporations which manufacture products or provide public utility services of any type or any subsidiary of such corporations.
(e)
"Cost-share assistance" shall mean the partial financial assistance in such amounts as the commission, in its discretion, shall determine, subject to the limitations of Sections
49-19-201
through
49-19-227
.
(f)
"Approved practice" shall mean and include planting, seeding, timber stand improvement, prescribed burning, site preparation, systematic planting of hardwood trees for game preservation and development, or such other forest resource development practice as the commission shall approve or determine proper generally or with regard to any particular applicant.
(g)
"Forest development fund" shall mean the special fund established in the State Treasury, designated as the Forest Resource Development Fund, created by Section
49-19-227
.
Laws, 1974, ch. 326, § 3, eff. 3/5/1974.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › FOREST RESOURCES DEVELOPMENT PROGRAM (§§ 49-19-201 — 49-19-227) › Section 49-19-207 - Administration of law

The commission shall serve as administrator of the provisions of Sections
49-19-201
through
49-19-227
, and shall serve as the disbursing agency for funds to be expended from and deposited to the credit of the forest development fund.
Laws, 1974, ch. 326, § 4(1), eff. 3/5/1974.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › FOREST RESOURCES DEVELOPMENT PROGRAM (§§ 49-19-201 — 49-19-227) › Section 49-19-209 - Employment of personnel; purchase of supplies and equipment

The state forester is authorized to employ such professional and clerical assistance as is needed to implement the provisions of Sections
49-19-201
through
49-19-227
, and to compensate such individuals from funds appropriated for such purpose.
The state forester is authorized to purchase equipment, supplies and materials and to maintain and transport equipment as is needed to implement the provisions of Sections
49-19-201
through
49-19-227
, and to defray the expenses of such purchase and transportation from any funds appropriated for such purpose.
Laws, 1974, ch. 326, § 4(2, 3), eff. 3/5/1974.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › FOREST RESOURCES DEVELOPMENT PROGRAM (§§ 49-19-201 — 49-19-227) › Section 49-19-211 - Rules and regulations

The commission shall adopt and promulgate such rules and regulations as are necessary for the implementation of Sections
49-19-201
through
49-19-227
. The commission is authorized to conduct public hearings or otherwise seek the advice, counsel and recommendations of interested owners, associations, industrialists or other persons or groups. Adequate notice of any public hearing must be provided within the general area of the site of the hearing.
The commission shall publish such rules and regulations and shall make the same available upon request.
Laws, 1974, ch. 326, § 4(4), eff. 3/5/1974.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › FOREST RESOURCES DEVELOPMENT PROGRAM (§§ 49-19-201 — 49-19-227) › Section 49-19-213 - Utilization of funds to assist in implementing approved practices

The commission is authorized to use the money in the forest development fund to assist in implementing approved practices, on a cost-sharing basis as provided in Sections
49-19-201
through
49-19-227
, on eligible lands in the State of Mississippi. However, no cost-share assistance shall be provided an eligible owner to implement any approved practice on any land or lands if the owner receives federal funds for such practice and is using such federal funds for any forest resource development practice on said land or lands. Eligible owners may use federal funds on other lands.
Laws, 1974, ch. 326, § 5(1), eff. 3/5/1974.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › FOREST RESOURCES DEVELOPMENT PROGRAM (§§ 49-19-201 — 49-19-227) › Section 49-19-215 - Eligible owners to be encouraged to use own resources or to employ private vendors

(1)
The commission shall actively and diligently encourage all eligible owners to use their own resources or to employ the resources of private vendors to implement approved practices.
(2)
The commission shall not enter into active competition with eligible owners or private vendors for the on-the-ground job of implementing any approved practice as it is the intent of the Legislature to encourage private business, forest industries and the forestry community to participate in the economic development which will be provided by Sections
49-19-201
through
49-19-227
.
Laws, 1974, ch. 326, § 5(2, 3), eff. 3/5/1974.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › FOREST RESOURCES DEVELOPMENT PROGRAM (§§ 49-19-201 — 49-19-227) › Section 49-19-217 - When commission may act as vendor; charge for services

If an eligible owner cannot provide his own resources or procure a private vendor to implement any approved practice, the commission, in its discretion, may act as vendor by utilizing employees, equipment, materials and supplies of the commission. In such event, the commission shall charge the eligible owner a sum equal to the established rate of the commission for providing such service. Payments for such charge shall be collected, received, and recorded in the same manner as other sales and services funds received by the commission.
Laws, 1974, ch. 326, § 5(4), eff. 3/5/1974.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › FOREST RESOURCES DEVELOPMENT PROGRAM (§§ 49-19-201 — 49-19-227) › Section 49-19-219 - Powers and duties of commission

The commission shall have the following powers and duties to implement the provisions of Sections
49-19-201
through
49-19-227
:
(a)
To determine which approved practices shall be eligible for cost-share assistance;
(b)
To establish maximum sums, subject to the provisions of Section
49-19-221
, which any one (1) eligible owner may receive for implementation of an approved practice;
(c)
To review periodically the costs of forest development practices and to make such adjustment as, in the discretion of the commission, is necessary in the Thirty-seven Dollars and Fifty Cents ($37.50) per acre assistance allowed in Section
49-19-221
;
(d)
Upon request of the forestry commission, the attorney general of the State of Mississippi shall institute proper legal proceedings to recover any or all of the cost-share assistance provided an eligible owner if the commission shall determine that the owner failed to implement any portion of or all of the practice approved by the commission for such owner and if the commission determines that legal proceedings are necessary and proper.
(e)
To determine, before approving any cost-share assistance for any eligible owner that such approved practice is reasonable and is comparable to the actual cost of implementing such practice in the general area in which the land is located. Should the commission determine that the submitted cost of implementing the approved practice is not reasonable, the commission shall approve cost-share assistance in an amount which is determined by the commission to be reasonable for the implementation of the approved practice in the general area in which the land is located.
Laws, 1974, ch. 326, § 6, eff. 3/5/1974.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › FOREST RESOURCES DEVELOPMENT PROGRAM (§§ 49-19-201 — 49-19-227) › Section 49-19-221 - Limitation on amount of cost-share assistance; allocation of funds for reforestation of sixteenth section school trust lands

(1)
An eligible owner shall receive cost-share assistance as the commission, in its discretion, shall determine and approve, but the commission shall approve no assistance in an amount which exceeds either (a) a sum equal to seventy-five percent (75%) of the owner's actual cost incurred in implementing the approved practice approved by the commission for that owner on a particular tract of land or lands, except that with respect to sixteenth section school trust lands the commission may approve up to one hundred percent (100%) cost-share for any school district that has less has than Ten Thousand Dollars ($10,000.00) in its Forestry Escrow Fund, or (b) a sum equal to Thirty-seven Dollars and Fifty Cents ($37.50) per acre of land on which the approved practice is implemented by the owner; provided, however, that no eligible owner, in any one (1) fiscal year, shall receive a sum total for all approved practices implemented by the owner of more than Ten Thousand Dollars ($10,000.00); except that with respect to sixteenth section trust lands the commission, at its discretion, may exceed said monetary limit in order to provide a total forest improvement program within any county.
(2)
The limitation of Thirty-seven Dollars and Fifty Cents ($37.50) per acre, as set forth in item (b) of subsection (1) of this section, may be changed by the commission pursuant to the authorization of subparagraph (c) of Section
49-19-219
.
(3)
During the reforestation of sixteenth section school trust lands classified as forest lands, no more than an average of twenty-five percent (25%) of Forest Resource Development Program funds will be spent on the reforestation of these school trust lands.
(4)
It is the intent of this section that the Mississippi Forestry Commission by 1995 bring to maximum productivity all sixteenth section land.
Laws, 1974, ch. 326, § 7; Laws, 1986, ch. 511, § 2, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › FOREST RESOURCES DEVELOPMENT PROGRAM (§§ 49-19-201 — 49-19-227) › Section 49-19-223 - Application for cost-share assistance; payment

(1)
Any eligible owner who wishes to receive cost-share assistance shall file an application with the commission stating the practice to be implemented, the approximate cost of such practice and a description of the land or lands upon which the practice is to be implemented. The application shall be accompanied by a statement of intent stating (a) that the owner intends to utilize the cost-share assistance for long range timber growing and improvement, (b) that the owner is not receiving or using federal funds for implementation of any approved practice on the same acre of land or lands described in the application, and (c) that the owner if an owner in joint tenancy or tenancy in common or if a member of a group or association owning the lands, has no knowledge of any application which has been filed for cost-share assistance to be used on the lands described in the application.
(2)
The commission, upon completion of the approved practice, shall tender all approved sums of the cost-share assistance to the owner.
Laws, 1974, ch. 326, § 8, eff. 3/5/1974.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › FOREST RESOURCES DEVELOPMENT PROGRAM (§§ 49-19-201 — 49-19-227) › Section 49-19-225 - Implementation of approved practice on publicly owned land

Any agency, department, board, commission or other subdivision of government of the State of Mississippi or any political subdivision thereof is authorized to implement an approved practice on any lands suitable for forestry purposes owned by such political entity or owned by the State of Mississippi and supervised or managed by such entity. The governing authorities of such entity shall engage the assistance of the county forester of the county in which the land is located in the preparation of an application for submission to the commission. The commission shall treat any such political entity as an individual owner for purposes of considering applications, granting cost-share assistance and approving the practice implemented.
Laws, 1974, ch. 326, § 9, eff. 3/5/1974.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › FOREST RESOURCES DEVELOPMENT PROGRAM (§§ 49-19-201 — 49-19-227) › Section 49-19-227 - Forest resource development fund

There is hereby created in the State Treasury a special fund to be designated the Forest Resource Development Fund, fiscal management and responsibility for which is hereby vested in the State Forestry Commission and which shall consist of that portion of the privilege tax on timber and timber products as authorized by Section
27-25-11
, Mississippi Code of 1972, and any funds appropriated specifically therefor by the Legislature. The Legislature shall appropriate such sums as it may deem necessary including any proceeds of general obligation bonds which may be authorized by the Legislature for the support of the Forest Resources Development Program provided for under Sections
49-19-201
through
49-19-227
. Those funds appropriated by the Legislature remaining in the special fund at the end of any fiscal year shall lapse into the General Fund, but other funds shall remain in the special fund.
Laws, 1974, ch. 326, § 10; Laws, 1997, ch. 561, § 1, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › MISSISSIPPI PRESCRIBED BURNING ACT (§§ 49-19-301 — 49-19-307) › Section 49-19-301 - Short title

Sections
49-19-301
through
49-19-307
may be cited as the "Mississippi Prescribed Burning Act."
Laws, 1992, ch. 348, § 1, eff. 3/1/1993.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › MISSISSIPPI PRESCRIBED BURNING ACT (§§ 49-19-301 — 49-19-307) › Section 49-19-303 - Legislative findings; purpose

(1)
The application of prescribed burning is a landowner property right and a land management tool that benefits the safety of the public, the environment and the economy of Mississippi. Pursuant thereto, the Legislature finds that:
(a)
Prescribed burning reduces naturally occurring vegetative fuels within wild land areas. Reduction of the fuel load reduces the risk and severity of major catastrophic wildfire, thereby reducing the threat of loss of life and property, particularly in urbanizing areas.
(b)
Most of Mississippi's natural communities require periodic fire for maintenance of their ecological integrity. Prescribed burning is essential to the perpetuation, restoration and management of many plant and animal communities. Significant loss of the state's biological diversity will occur if fire is excluded from fire-dependent systems.
(c)
Forest lands constitute significant economic, biological and aesthetic resources of statewide importance. Prescribed burning on forest land prepares sites for reforestation, removes undesirable competing vegetation, expedites nutrient cycling and controls or eliminates certain forest pathogens.
(d)
The state manages hundreds of thousands of acres of land for parks, wildlife management areas, forests and other public purposes. The use of prescribed burning for management of public lands is essential to maintain the specific resource values for which these lands were acquired.
(e)
Proper training in the use of prescribed burning is necessary to ensure maximum benefits and protection for the public.
(f)
As Mississippi's population continues to grow, pressures from liability issues and nuisance complaints inhibit the use of prescribed burning.
(2)
It is the purpose of Sections
49-19-301
through
49-19-307
to authorize and promote the continued use of prescribed burning for ecological, silvicultural and wildlife management purposes.
Laws, 1992, ch. 348, § 2, eff. 3/1/1993.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › MISSISSIPPI PRESCRIBED BURNING ACT (§§ 49-19-301 — 49-19-307) › Section 49-19-305 - Definitions

As used in Sections
49-19-301
through
49-19-307
unless the context requires otherwise:
(a)
"Prescribed burning" means the controlled application of fire to naturally occurring vegetative fuels for ecological, silvicultural and wildlife management purposes under specified environmental conditions and the following of appropriate precautionary measures which cause the fire to be confined to a predetermined area and accomplishes the planned land management objectives.
(b)
"Certified prescribed burn manager" means an individual or county forester who successfully completes the certification program approved by the Mississippi Forestry Commission.
(c)
"Prescription" means a written plan for starting and controlling a prescribed burn to accomplish the ecological, silvicultural and wildlife management objectives.
Laws, 1992, ch. 348, § 3, eff. 3/1/1993.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › MISSISSIPPI PRESCRIBED BURNING ACT (§§ 49-19-301 — 49-19-307) › Section 49-19-307 - Regulation of prescribed burns; liability

(1)
No property owner or his agent, conducting a prescribed burn pursuant to the requirements of this section, shall be liable for damage or injury caused by fire or resulting smoke unless negligence is proven.
(2)
Prescribed burning conducted under the provisions of this section shall:
(a)
Be accomplished only when at least one (1) certified prescribed burn manager is supervising the burn or burns that are being conducted;
(b)
Require that a written prescription be prepared and notarized prior to prescribed burning;
(c)
Require that a burning permit be obtained from the Mississippi Forestry Commission; and
(d)
Be considered in the public interest and shall not constitute a public or private nuisance when conducted pursuant to state air pollution statutes and rules applicable to prescribed burning.
(3)
The Mississippi Forestry Commission shall have the authority to promulgate rules for the certification of prescribed burn managers and guidelines for a prescribed burn prescription.
(4)
Nothing in this section shall be construed to limit the civil or criminal liability as provided in Section
97-17-13
and Section
95-5-25
, Mississippi Code of 1972.
Laws, 1992, ch. 348, § 4, eff. 3/1/1993.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › RESTRICTIONS ON OUTDOOR BURNING (§ 49-19-351) › Section 49-19-351 - Restrictions on outdoor burning during drought or wildfire conditions; penalties

(1)
In this section, "drought or wildfire conditions" means the existence of a deficit of moisture creating severe conditions with increased wildfire occurrences as determined by the State Forestry Commission through use of drought indices or models or the existence of extreme wildfire conditions.
(2)
If the State Forestry Commission determines that drought or wildfire conditions exist in a county, the commission shall notify the board of supervisors of that county. The commission may recommend that a temporary outdoor burning ban or other restrictions be adopted by the board of supervisors.
(3)
The board of supervisors may, by order, prohibit or restrict outdoor burning in all or part of the unincorporated parts of the county if drought or wildfire conditions have been determined to exist by the State Forestry Commission. An order must specify the period during which burning is restricted. The State Forestry Commission shall notify the board of supervisors when the drought or wildfire conditions no longer exist. Any order issued under this section shall expire upon the determination that the drought or wildfire conditions no longer exist.
(4)
Any person who knowingly and willfully violates an order under this section is guilty of a misdemeanor and may be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00).
(5)
The sheriff of the county shall enforce the order and may cite persons for violations of an order under this section.
Laws, 2000, ch. 420, § 1, eff. 4/17/2000.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › FORESTRY INVENTORY AND STRATEGIC PLANNING LAW (§§ 49-19-401 — 49-19-409) › Section 49-19-401 - [Repealed]

Laws, 2002, ch. 571, § 1, eff. 7/1/2002.
Repealed by Laws, 2018, ch. 395, HB 1096,§ 6, eff. 7/1/2018.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › FORESTRY INVENTORY AND STRATEGIC PLANNING LAW (§§ 49-19-401 — 49-19-409) › Section 49-19-403 - [Repealed]

Laws, 2002, ch. 571, § 2; Laws, 2005, ch. 445, § 1; Laws, 2006, ch. 571, § 1, eff. 7/1/2006.
Repealed by Laws, 2018, ch. 395, HB 1096,§ 6, eff. 7/1/2018.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › FORESTRY INVENTORY AND STRATEGIC PLANNING LAW (§§ 49-19-401 — 49-19-409) › Section 49-19-405 - [Repealed]

Laws, 2002, ch. 571, § 3, eff. 7/1/2002.
Repealed by Laws, 2018, ch. 395, HB 1096,§ 6, eff. 7/1/2018.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › FORESTRY INVENTORY AND STRATEGIC PLANNING LAW (§§ 49-19-401 — 49-19-409) › Section 49-19-407 - Coordinated Outreach and Education Programs

The Executive Directors of the Mississippi Forestry Commission, the Mississippi Development Authority, the MSU Forest and Wildlife Research Center, and the Cooperative Extension Service shall establish a procedure and guidelines for the coordination of outreach and education programs. It shall be the duty of each agency to cooperate and to promote a coordinated outreach and education program to increase the utilization of private nonindustrial forest landowner forest resources and increase profitability for such resources.
Laws, 2002, ch. 571, § 4, eff. 7/1/2002.
Amended by Laws, 2018, ch. 395, HB 1096,§ 9, eff. 7/1/2018.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › FORESTRY INVENTORY AND STRATEGIC PLANNING LAW (§§ 49-19-401 — 49-19-409) › Section 49-19-408 - [Repealed]

Laws, 2005, ch. 444, § 1, eff. 3/23/2005.
Repealed by Laws, 2018, ch. 395, HB 1096,§ 6, eff. 7/1/2018.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › FORESTRY INVENTORY AND STRATEGIC PLANNING LAW (§§ 49-19-401 — 49-19-409) › Section 49-19-409 - [Repealed]

Repealed by Laws of 2005, ch. 398, § 1, eff. 3/16/2005.
Laws, 2002, ch. 571, § 5, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 20 - MISSISSIPPI RIVER TIMBERLANDS CONTROL ACT (§ 49-20-1) › Section 49-20-1 - through 49-20-37 - [Repealed]

Repealed by Laws of 2006, ch. 319, § 1 eff. 3/6/2006.
§ 49-20-1. [Laws, 1991, ch. 326 § 1, eff. 3/15/1991.] § 49-20-3. [Laws, 1991, ch. 326 § 2, eff. 3/15/1991. § 49-20-5. [Laws, 1991, ch. 326 § 3, eff. 3/15/1991.] § 49-20-6. [Laws, 1995, ch. 322, § 1, eff. 3/9/1995.] § 49-20-7. [Laws, 1991, ch. 326 § 4, eff. 3/15/1991.] § 49-20-9. [Laws, 1991, ch. 326 § 5, eff. 3/15/1991.] § 49-20-11. [Laws, 1991, ch. 326 § 6, eff. 3/15/1991.] § 49-20-13. [Laws, 1991, ch. 326 § 7, eff. 3/15/1991.] § 49-20-15. [Laws, 1991, ch. 326 § 8, eff. 3/15/1991.] § 49-20-17. [Laws, 1991, ch. 326 § 9, eff. 3/15/1991.] § 49-20-19. [Laws, 1991, ch. 326 § 10, eff. 3/15/1991.] § 49-20-21. [Laws, 1991, ch. 326 § 11, eff. 3/15/1991.] § 49-20-23. [Laws, 1991, ch. 326 § 12, eff. 3/15/1991.] § 49-20-25. [Laws, 1991, ch. 326 § 13, eff. 3/15/1991.] § 49-20-27. [Laws, 1991, ch. 326 § 14, eff. 3/15/1991.] § 49-20-29. [Laws, 1991, ch. 326 § 15, eff. 3/15/1991.] § 49-20-31. [Laws, 1991, ch. 326 § 16, eff. 3/15/1991.] § 49-20-33. [Laws, 1991, ch. 326 § 17, eff. 3/15/1991.] § 49-20-35. [Laws, 1991, ch. 326 § 18, eff. 3/15/1991.] § 49-20-37. [Laws, 1991, ch. 326 § 19, eff. 3/15/1991.]
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 21 - INTERSTATE ENVIRONMENTAL COMPACT (§§ 49-21-1 — 49-21-3) › Section 49-21-3 - Construction

This chapter shall not be construed to authorize the impairment of any constitutional right guaranteed to any person under the constitution of this state nor shall it be construed to authorize the legislature or any other authority to assume any power not possessed by it under the constitution of this state.
Codes, 1942, § 7106-162; Laws, 1971, ch. 458, § 2, eff. 3/29/1971.
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 49-23-1 - Legislative intent

The Legislature hereby finds and declares that the erection and maintenance of outdoor advertising signs, displays and devices in areas adjacent to state controlled routes should be controlled in order to protect the public investment in such highways, to promote the safety and recreational value of public travel, and to preserve natural beauty. Any advertising device subject to Sections
49-23-1
through
49-23-29
, and found to be in violation thereof, is subject to removal under the state's police power where not contrary to provisions provided herein. It is the intention of the Legislature in such sections to provide a statutory basis for regulation of outdoor advertising consistent with the public policy declared by Congress in areas adjacent to state controlled routes.
Codes, 1942, § 8059.5-01; Laws, 1966, ch. 497, § 1; Laws, 1978, ch. 531, § 1; Laws, 2008, ch. 517, § 1, eff. 5/8/2008.
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 49-23-7 - Regulations pertaining to advertising

The State Highway Commission is hereby authorized to promulgate regulations governing the issuance of permits for the erection and maintenance of outdoor advertising coming within the exceptions contained in subsections (a), (d) and (e) of Section
49-23-5
, consistent with the safety and welfare of the traveling public, and as may be necessary to carry out the policy of the state declared in Section
49-23-1
, and consistent with the national standards promulgated by the secretary of commerce pursuant to Title 23, United States Code, provided that such regulations shall not contain any definition more restrictive than those set forth in Section
49-23-3
; nor shall they be more restrictive than the provisions set forth in Section
49-23-9
.
Codes, 1942, § 8059.5-04; Laws, 1966, ch. 497, § 4, eff. 6/15/1966.
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 49-23-13 - Bond required; amount

All persons, partnerships, corporations or other business entities engaging in the outdoor advertising business, except persons erecting signs for personal activities or business, which includes but is not limited to the erection, maintenance and selling of advertising space on and along the highways and public roads of Mississippi, shall be required to provide the Mississippi State Highway Commission a bond under the rules and regulations as promulgated by the highway commission, but provided said bond does not exceed One Thousand Dollars ($1,000.00) in amount.
Codes, 1942, § 8059.5-07; Laws, 1966, ch. 497, § 7, eff. 6/15/1966.
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 49-23-15 - Removal of nonconforming advertising

Any sign, display or device lawfully erected which does not conform to Sections
49-23-1
through
49-23-29
shall be required to be removed before the end of the fifth year after it becomes nonconforming.
Codes, 1942, § 8059.5-08; Laws, 1966, ch. 497, § 8, eff. 6/15/1966.
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 49-23-17 - Compensation for removal of advertising

(1)
The Mississippi Transportation Commission is authorized to acquire by purchase, gift or condemnation, all advertising devices and any property rights pertaining thereto, when such advertising devices are required to be removed under the provisions of Section
49-23-15
. Just compensation shall be paid for the acquisition and for the removal of any outdoor advertising lawfully erected as defined in Section 131 of Title 23, United States Code, as amended, that is required to be removed under the provisions of Section
49-23-15
. The use of amortization for whatever period shall not constitute just compensation.
(2)
If any political subdivision or other governmental agency requires the removal of any outdoor advertising sign lawfully erected, just compensation shall be paid to the owner of the sign for the cost of removal plus the fair market value of the sign removed. The use of amortization for whatever period shall not constitute just compensation.
(3)
Damages resulting from any taking in eminent domain shall be ascertained in the manner presently provided by law, or in such manner as the Legislature may hereafter provide, and shall be limited to:
(a)
The taking from the owner of such sign, display or device of all right, title, leasehold and interest in such sign, display or device; and
(b)
The taking from the owner of the real property on which the sign, display or device is located, of the right to erect and maintain such signs, displays and devices thereon, less enhancement of the property remaining by reason of removal of such sign, display or device and special benefits resulting therefrom.
(4)
This section shall not apply to any on-premises sign ordinance adopted by a political subdivision or other governmental agency before May 15, 1992.
Codes, 1942, § 8059.5-09; Laws, 1966, ch. 497, § 9; Laws, 1980, ch. 344; Laws, 1992, ch. 570, § 1; Laws, 1994, ch. 460, § 1; Laws, 1994, ch. 630, § 3, eff. 4/8/1994.
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 49-23-19 - Unlawful advertising

Any advertising device or outdoor advertising erected which is contrary to the provisions of Sections
49-23-1
through
49-23-29
or regulations lawfully adopted hereunder is hereby declared to be a public nuisance. The state highway commission shall give thirty (30) days' notice by certified mail to the owner of such advertising device and landowner to remove same if it is a prohibited device or cause it to conform to regulations if it is an authorized device. Failure to receive the notice shall not prohibit the State Highway Commission from removing the unlawful outdoor advertising device. If the owner of the outdoor advertising device fails or refuses to remove same within thirty (30) days as required in the notice, the State Highway Commission may proceed to secure the removal of same as authorized in Section
49-23-21
.
Codes, 1942, § 8059.5-10; Laws, 1966, ch. 497, § 10, eff. 6/15/1966.
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 49-23-21 - Injunctive relief

In addition to the remedies provided in Sections
49-23-1
through
49-23-29
, Mississippi Code of 1972, and which may otherwise exist under the laws of this state, the State Highway Commission is authorized to petition the chancery court of any county where any unlawful or unauthorized outdoor advertising sign, device or display may exist for injunctive or other appropriate relief. The owner or owners of each and every outdoor advertising sign, device or display shall be deemed to be doing business within this state in each and every county in which such owner or owners shall have erected, or cause to be erected, or maintained, and there shall continue to exist, an outdoor advertising sign, device or display. Once jurisdiction over the parties is obtained, such chancery court shall have such jurisdiction over the parties as is necessary in order to determine if any of said owner or owners' outdoor advertising is in violation of the provisions of this chapter, and to enforce the provisions of this chapter, as to each and every outdoor advertising sign, device or display of such owner or owners within this state, wheresoever located. However, any such action shall be res adjudicata only as to the outdoor advertising signs, devices or displays specifically made a part of such action; and the State Highway Commission shall be authorized and empowered to maintain any and all other actions as to other outdoor advertising of such owner or owners wheresoever located, but not specifically made a part of a previous action. The court may award costs of any action brought under this section, including court costs, expenses and reasonable attorney's fees, to the prevailing party.
Codes, 1942, § 8059.5-11; Laws, 1966, ch. 497, § 11; Laws, 1977, ch. 433; Laws, 1980, ch. 347, eff. 7/1/1980.
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 49-23-23 - Interpretation

Nothing in Sections
49-23-1
through
49-23-29
, shall be construed to abrogate or affect the provisions of any lawful ordinance, regulation or resolution, which are more restrictive than the provisions of such sections.
Codes, 1942, § 8059.5-12; Laws, 1966, ch. 497, § 12, eff. 6/15/1966.
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 49-23-25 - Advertising in safety rest area

In order to provide information in the specific interest of the traveling public, the State Highway Commission is hereby authorized to maintain maps and to permit informational directories and advertising pamphlets to be made available at safety rest areas, and to establish information centers at safety rest areas for the purpose of informing the public of places of interest within the state and providing such other information as may be considered desirable.
Codes, 1942, § 8059.5-13; Laws, 1966, ch. 497, § 13, eff. 6/15/1966.
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 49-23-27 - Agreements with the 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 outdoor advertising in areas adjacent to the interstate and primary highway systems, including the establishment of information centers at safety rest areas, and to take action in the name of the state to comply with the terms of such agreement, provided that the state highway commission shall not have power to enter into any agreement calling for more restrictive control of outdoor advertising than that provided for in Sections
49-23-1
through
49-23-29
.
Codes, 1942, § 8059.5-14; Laws, 1966, ch. 497, § 14, eff. 6/15/1966.
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 49-23-29 - Apportionment of federal funds

Federal funds appropriated to carry out the provisions of Sections
49-23-1
through
49-23-29
are to be apportioned to the commissioners' districts in the same manner as said federal funds are apportioned to the state, and matching state funds are to be apportioned to the commissioners' districts proportionately.
Codes, 1942, § 8059.5-15; Laws, 1966, ch. 497, § 15, eff. 6/15/1966.
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 49-23-31 - and 49-23-33 - [Repealed]

Repealed by Laws of 1978, ch. 346, § 1, eff. 7/1/1978.
§ 49-23-31. [Codes, 1942, § 8159; Laws, 1938, ch. 200] § 49-23-33. [Codes, 1942, § 2021; Laws, 1932, ch. 284]