Mississippi Administrative Code › Title 1 - Secretary of State › Part 11 - Public Lands › Chapter 2 - Tidelands › Rule 1-11-2.2 - Definitions

Current through June 25, 2024
As used in these rules, the following terms shall have the
				  definitions indicated.
A. Activity: (i) the dredging, excavating or removing of
				  soil, mud, sand, gravel, flora, fauna or aggregate of any kind from any public
				  trust tideland; (ii) the dumping, filling or depositing of any soil, stones,
				  sand, gravel, mud, aggregate of any kind of garbage, either directly or
				  indirectly, on or in any public trust tideland; (iii) killing or materially
				  damaging any flora or fauna on or in any public trust tideland; (iv) the
				  erection on public trust tideland of structures which materially affect the ebb
				  and flow of the tide; (v) the erection of any structure or structures on
				  suitable sites for water dependent industry; (vi) any exclusive use of the
				  public trust tidelands by anyone for some benefit; (vii) any use that alters
				  the character and, therefore, the value of the public trust tidelands; (viii)
				  any commercial use of the public trust tidelands (excluding commercial fishery
				  operations); (ix) any construction of buildings or wharves, docks, or permanent
				  or semi-permanent structures; and any exclusive economic use of
				  riparian/littoral public trust tidelands by the upland property owner not
				  specifically defined or "granted" as riparian/littoral "rights" pursuant to
				  M.C.A. §
									49-27-7(e).
B. Applicant: Any person making application for a lease of
				  public trust tidelands.
C. Aquaculture: The rearing of any plant or animal during all
				  or any part of its life cycle in an aquatic environment.
D. Assignee: A person to whom a transfer or assignment of
				  some interest in property is made.
E. BMR: Mississippi Department of Wildlife, Fisheries &
				  Parks, Bureau of Marine Resources.
F. Claimant: Any person who asserts an ownership interest in
				  public trust tidelands adverse to the State of Mississippi as Trustee.
G. Coastal Wetlands Law: Mississippi Coastal Wetlands
				  Protection Law, M.C.A. §
									49-27-1
				  et seq., effective from and after July 1, 1973.
H. Dry land: Land which is above the mean or ordinary high
				  tide line; fast lands or uplands.
I. Easement: A nonpossessory interest in public trust
				  tidelands created by a grant or agreement which confers the limited right,
				  liberty and privilege to use said public trust tidelands for a specific purpose
				  and during a specific time.
J. Ecology: Living things in relation to each other and to
				  their environment.
K. Lease: An interest in public trust tidelands designated by
				  a contract creating a landlord-tenant relationship between the State of
				  Mississippi as landlord or lessor and the applicant as tenant or lessee whereby
				  the Secretary of State, with the approval of the Governor, grants and transfers
				  to the applicant the use, possession and control of specified public trust
				  tidelands, for a determinate number of years, with conditions attached, at a
				  specified rental.
L. Leaseholder: Person who has an estate in public trust
				  tidelands from the State of Mississippi through an instrument of lease executed
				  with the Secretary of State; lessee.
M. Leasehold interest: The interest which the leaseholder has
				  in the value of the lease itself.
N. Leasehold value: The value of the leasehold
				  interest.
O. Littoral: Pertaining to property abutting an ocean, sea or
				  lake rather than a river or stream (see riparian).
P. Market value: The most probable price in terms of money
				  which a property should bring in a competitive and open market under all
				  conditions requisite to a fair sale, the buyer and seller, each acting
				  prudently, knowledgeably and assuming the price is not affected by undue
				  stimulus.
Q. Mean High Water: The arithmetic mean of all the high
				  waters occurring in a particular nineteen-year tidal epoch period or for a
				  shorter period of time after corrections are applied to the short term
				  observations to reduce these values to the equivalent nineteen-year
				  value.
R. Net adverse impact: Any degree of overall reduction or
				  loss of public trust tidelands and/or tidelands functions after mitigation is
				  completed.
S. Occupancy: Any act of possession.
T. Person: A natural person, partnership, joint stock
				  company, corporation, unincorporated association or society, or the state and
				  any agency thereof, or any county, municipality, or political subdivision, or
				  any other corporation of any character whatsoever.
U. Public access: Direct and free access by members of the
				  general public to the lands and waters and their waterbottoms which constitute
				  the public trust tidelands, or the portion thereof which is the subject of a
				  lease.
V. Reclamation: The process of restoring land which has
				  become submerged or artificially altered fast land to its original botanic
				  and/or geological condition.
W. Riparian: Pertaining to property abutting a river or
				  stream rather than the ocean or sea (see littoral).
X. Submerged land or submerged waterbottoms: Lands which
				  remain covered by waters, where the tides ebb and flow, at ordinary low
				  tides.
Y. Tidelands: Those lands which are daily covered and
				  uncovered by water by the action of the tides, up to the mean line of the
				  ordinary high tides.
Z. Upland: Land which is above the mean high tide line; dry
				  land or fast land.
AA. Use: To serve for any purpose of an occupant or
				  lessee.
Miss. Code Ann.
				  §§
										29-15-1
				  (Rev. 2007).