Title 49, Conservation and Ecology

(1) The boards of supervisors of all counties are hereby directed to levy a special tax to be known as “the forest acreage tax.” Such tax shall be Two Cents (2¢) per acre on all timbered and uncultivatable lands in the county in order to receive the financial and supervisory coop…

(1) All forest acreage taxes assessed and collected by such levy as provided for in Section 49-19-115 shall be remitted to the forest acreage account in the State Treasury and shall be expended by the Forestry Commission as the commission may deem necessary in carrying out the pu…

(1) There is created in the State Treasury a special fund to be known as the Volunteer Fire Department Equipment Conversion Revolving Fund. The revolving fund shall consist of monies received from charges for work and services performed for volunteer fire departments by the commi…

(1) There is created in the State Treasury a special fund to be known as the Camden State Forest Revolving Fund. The revolving fund shall be funded by monies received from timber sales, leases, and any other source, and monies collected from these income sources shall be deposite…

The boards of supervisors of the several counties are hereby authorized, in their discretion, to appropriate and pay to the state forestry commission from the general fund of the county each year a sum of money not exceeding twenty-five per cent of the forest severance tax receiv…

The governor on behalf of this state is hereby authorized to execute a compact, in substantially the following form, with any one or more of the states of Arkansas, Louisiana, Oklahoma, and Texas, and the legislature hereby signifies in advance its approval and ratification of su…

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 49-19-141, then the compact s…

The state forester of Mississippi shall act as “compact administrator” for the State of Mississippi and represent Mississippi in the South Central Interstate Forest Fire Protection Compact. The “advisory committee” shall be composed of four (4) members as follows: (1) One member …

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 libera…

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 pro…

The state forestry fund when made available by proper appropriation by the Legislature, shall be expended by the commission in carrying out and enforcing all laws pertaining to the protection of forests as the commission may direct, the vouchers to be drawn and paid as by other d…

The state and county boards of public education are directed to provide for proper courses of instruction by textbooks, or lectures on the general subject of forestry in all the public schools and colleges of this state; and they are further directed to provide for the celebratio…

The governor on behalf of this state is hereby authorized to execute a compact, in substantially the following form, with any one or more of the States of Alabama, Florida, Georgia, Kentucky, North Carolina, South Carolina, Tennessee, Virginia, and West Virginia, and the legislat…

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 s…

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 o…

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…

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…

(1) To encourage better land use, to assist in controlling headwaters, to prevent soil erosion, to help increase community and individual farm incomes, and to assist schools in forest education and timber management, the Mississippi Forestry Commission is hereby authorized to pro…

Sections 49-19-201 through 49-19-227 shall be cited as the “Forest Resource Development Law of 1974”.

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 …

(a) 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 commi…

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.

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 …

All moneys received from the United States government for protection of forest lands, for reforestation of denuded areas, for extension of national forests, and to promote the continuous production of timber shall be credited to said state forestry fund, and expended by the commi…

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 ow…

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…

(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 vend…

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 sh…

(a) 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 Sect…

(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 i…

(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 …

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…

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 tim…

All moneys paid to the State of Mississippi by the United States, on account of national forest lands in Mississippi, established under the provisions of the Weeks Law, so-called, being an Act of Congress, approved March 1, 1911, and amendments thereto, shall be apportioned by th…

(a) Any fire on any forested, cutover, brush lands or grass lands burning uncontrolled is hereby declared a public nuisance by reason of its menace to life and property. Any person, firm or corporation negligently or wilfully and maliciously responsible for the starting or the ex…

(1) There is created in the State Treasury a fund designated as the Tree Seedling Revolving Fund. The State Forestry Commission shall use the fund to contract for the production or purchase of tree seedlings, for resale to Mississippi landowners for reforestation. (2) The Tree Se…

(1) There is created in the State Treasury a special fund to be known as the Forest Improvement Revolving Fund. Money in the revolving fund shall be used by the State Forestry Commission, upon appropriation by the Legislature, to assist in the reforestation and growth improvement…

(a) The duties and powers of the commission shall be:(a) To appoint a State Forester, who shall serve at the will and pleasure of the commission and who is qualified to perform the duties as set forth herein; and to pay him such salary as is provided by the Legislature, and allow…

Sections 49-19-301 through 49-19-307 may be cited as the “Mississippi Prescribed Burning Act.”

(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 occurri…

(a) 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 envir…

(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…

(1) There is hereby created a Joint Study Committee on Forestry in Mississippi. The committee shall study and make recommendations, including recommended legislation regarding the Forestry Commission, coordination of forestry policy, the coordination of overlapping conservation p…

The Southern Regional Fire Training Center Building located in Pearl, Mississippi, shall be renamed the Richard (Dick) Allen Building. The Department of Finance and Administration shall prepare or have prepared a distinctive plaque, to be placed in a prominent place within the Ri…

(a) As used in this section:(a) “Biomass” means bioenergy feedstocks from forest products manufacturing, including, without limitation:(i) Forest products manufacturing residuals, including, without limitation:1. Pulping liquors;2. Pulping byproducts;3. Woody manufacturing residu…

(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 wi…