Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 01 - Plant Diseases, Insects and Weeds › Non-Native Plant Species › Section 2-1-3-01-141.01 - APPLICATION

Current through June 25, 2024
Anyone seeking a permit from the state to cultivate a
						nonnative plant species hereinafter referred to as "NPS", for the purposes of
						fuel production or purposes other than agriculture, as described in
Miss. Code of 1972
, §
											69-25-10,
						must submit to the state a written application. An amended application for a
						permit will be required if the planting will exceed five percent (5%) of the
						acreage of the original permit. No permits shall be issued for any planting of
						plants that are on the state or federal noxious weed list. No permit shall be
						issued unless the applicant is the owner of the property or has written
						permission from the property owner to utilize the land for NPS plantings for
						the duration of the life of the permit. Separate permits are required for each
						nonnative plant species to be planted. Permits shall be good for one year and
						shall be required to be renewed by the permit holder for continued cultivation
						of the nonnative plant species. Each application must include the name and
						address of the applicant, the name of the plant to be cultivated, a legal
						description of the lands to be under cultivation and the estimated cost of
						removing and destroying such plants along with the basis for calculating such
						estimate. If the applicant is a corporation, partnership, or other business
						entity, the applicant must also provide in the application the name and address
						of a contact person. The applicant shall notify the department within 10
						working days of any change of contact information. In evaluating the permit
						application, the Department along with representatives of Mississippi State
						University may visit the proposed growing location and meet with the
						prospective permit holder to determine if feasible measures can be taken to
						prevent the spread of the plant, or pests associated with said plant, into
						neighboring ecosystems. The permit will cover the following subjects, which may
						be conditions upon which the permit is granted, to-wit:
a. Measures must be taken to prevent spread
					 by seed.
b. A buffer area, wide
					 enough to properly mitigate plant spread into adjacent areas, shall be
					 required. The fallow area may be used singularly or in combination with a berm
					 surrounding the NPS planting.
c.
					 Any equipment used on the site must be cleaned of all plant debris before being
					 moved from the property.
d.
					 Wildfire protection measures will be required to mitigate fire risk and damage
					 to surrounding areas.
e. Measures
					 must be taken to prevent infestation or spread of certain plant pests in the
					 area.
f. A compliance agreement
					 containing any additional terms needed to prevent plant or pest spread shall be
					 signed and will be made an addendum to the permit.
Failure to abide by the terms of the permit will be
						considered to be a violation of these rules.