Title 49, Conservation and Ecology

This chapter may be cited as the “Junkyard Control Law.”

The State Highway Commission shall have the authority to promulgate rules and regulations governing the location, planting, construction and maintenance, including the materials used in screening or fencing required by this chapter.

When the State Highway Commission determines that the topography of the land adjoining the highways will not permit adequate screening of junkyards, or the screening of such junkyards would not be economically feasible, the State Highway Commission shall have the authority to acq…

Any junkyard lawfully in existence on June 16, 1966, which does not conform to the exceptions contained in Section 49-25-7, or that cannot be made to so conform by screening as provided in this chapter, shall be required to be removed under Section 49-25-13 by July 1, 1970, or as…

Any person, partnership or corporation that seeks to establish, or establishes, a junkyard within one thousand (1,000) feet of the nearest right-of-way line of any interstate or primary highway that does not come within one or more of the exceptions contained in Section 49-25-7, …

Nothing in this chapter shall be construed to abrogate or affect the provisions of any lawful ordinance, regulation or resolution, which are more restrictive than the provisions of this chapter.

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 junkyards in areas adjacent to the interstate and primary systems, and to take action in…

Federal funds appropriated to carry out the provisions of this chapter are to be apportioned to the commissioners’ districts in the same manner as such federal funds are apportioned to the state, and matching state funds are to be apportioned to the commissioners’ districts propo…

For the purpose of promoting the public safety, health, welfare, convenience and enjoyment of public travel, to protect the public investment in public highways, and to preserve and enhance the scenic beauty of lands bordering public highways, it is hereby declared to be in the p…

(a) The term “junk” shall mean old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material. (b) The term “automobile grave…

(a) No person shall establish, operate, or maintain a junkyard, any portion of which is within one thousand (1,000) feet of the nearest edge of the right-of-way of any interstate or primary highway, except the following:(a) Those which are screened by natural objects, plantings, …

Any junkyard lawfully in existence on June 16, 1966, which is within one thousand (1,000) feet of the nearest edge of the right-of-way and visible from the main-traveled way of any highway on the interstate or primary system shall be screened, if feasible, by the state highway co…

This chapter shall be known and may be cited as the “Channel Maintenance Act.”

The Legislature finds that channel maintenance is necessary to preserve and enhance the economic stability and recreational potential of the coastal region. The Legislature declares it to be a governmental responsibility to provide for proper channel maintenance. The Legislature …

(1) The Department of Marine Resources, referred to in this chapter as “department,” shall serve as the primary state agency with regard to coordinating channel maintenance activities along the Mississippi Gulf Coast. (2) The department shall develop a comprehensive long-range ma…

The department shall identify federal funding mechanisms which could be used to fund projects regarding channel maintenance. The department shall coordinate with local governments and other interest groups to maximize the eligibility of projects for funding and to assist in the p…

This chapter is to be known as the “Coastal Wetlands Protection Act” and may also be cited by its common or popular name of “Wetlands Act.”

(1) A complete application shall include the following:(a) The name and address of the applicant;(b) The names and addresses of the present owners of record of adjacent land, as determined by current tax assessment rolls and of known claimants of riparian or water rights in or im…

(1) The commission may cause a copy of any application to be mailed immediately to the following parties:(1) The chief administrative officer in the municipality or municipalities where any part of the proposed activity will be located;(2) The president of the board of supervisor…

(1) (a) The department may schedule a hearing on any application; however, the department shall schedule a hearing on each application if, during the time period in which written objections are required to be filed, (i) a written request for a hearing is submitted by the applican…

(a) The following parties shall be notified of a hearing by the commission by mail prior to the date set for the hearing, but a failure to meet this requirement shall not invalidate any permit granted thereafter:(a) All of those parties who are entitled to receive a copy of such …

(a) Any person who files a written objection pursuant to Section 49-27-15 may appear at the public hearing and be heard. (b) The burden of proof shall be on the applicant, whether a hearing is held or not; provided, however, no application shall be denied without giving the appli…

Documentary evidence offered at hearings and all applications and related documents shall be open for public inspection at the office of the commission at reasonable times. Oral testimony shall be recorded and shall not be required to be transcribed except in the event of appeal.

The commission may grant, issue, reissue, modify, deny, suspend or revoke permits and may prescribe limitations and conditions on permits. When taking such action on any permit, the commission shall consider the effect of the proposed activity with reference to the public policy …

In considering permits to dredge new channels by applicants under subsection (c) of Section 49-27-11, the commission shall take into consideration in addition to Section 47-27-23 the benefit of such channel to the public at large, or to surrounding landowners, and the extent of u…

In granting or modifying any permit, the commission may impose conditions or limitations on the proposed activity designed to carry out the public policy set forth in this chapter. Permits shall be valid for not more than five (5) years from the date of issuance, except that perm…

It is declared to be the public policy of this state to favor the preservation of the natural state of the coastal wetlands and their ecosystems and to prevent the despoliation and destruction of them, except where a specific alteration of specific coastal wetlands would serve a …

The commission may require a performance bond in an amount to be set by the commission with surety and satisfactory conditions securing to the state compliance with the conditions and limitations set forth in any permit.

The commission, after reasonable notice in writing to the holder of a permit and after a hearing in the manner as provided in Sections 49-27-15 through 49-27-21 of this chapter, shall suspend or revoke a permit if it finds that the applicant has not substantially complied with on…

The commission shall state, upon its record, its findings and reasons for all actions taken pursuant to Sections 49-27-23 through 49-27-37. When a permit is granted or modified, the commission shall describe the public interest to be served by granting or modifying the permit. Wh…

(1) The commission shall send a copy of any order in issuance, denial, revocation or suspension of a permit to the parties stated in Section 49-27-17, and such orders must be sent within ninety (90) days from the receipt of a complete application, or within ninety (90) days from …

(a) An appeal may be taken by the applicant, or any person or corporation, municipal corporation, county or interested community group who has been aggrieved by such order, from the denial, suspension or revocation of a permit or the issuance of a permit or conditional permit and…

(1) The Mississippi Department of Marine Resources is authorized and directed to designate the Danzler Tract, nine hundred twenty-five (925) acres located in the Pascagoula River Marshes in Jackson County, Mississippi, acquired in 1997 with funds obtained by Secretary of State Er…

(1) The Mississippi Department of Marine Resources is authorized and directed to designate the “Big Island”, 57 acres located at the physical address of 0 Mouth of Back Bay of Biloxi in Harrison County, Mississippi, as “Gollott Island” in honor of the role of Senator Thomas A. Go…

Such appeal shall be brought by a complaint in writing, stating fully the reasons therefor, signed by an authorized party, and shall be served at least twelve (12) days before the return date upon the commission and upon all parties having an interest adverse to the appellant as …

Upon the filing of an appeal, the clerk of the chancery court shall serve notice thereof upon the commission, whereupon the commission shall within sixty (60) days, or within such additional time as the court may for cause allow, from the service of such notice certify to the cha…

If, upon hearing such appeal, it appears to the court that any testimony has been improperly excluded by the commission or that the facts disclosed by the record are insufficient for the equitable disposition of the appeal, it shall refer the case back to the commission to take s…

Such appeal shall have precedence in the order of trial, and the chancellor may order the granting, denial, revocation, suspension or limitation of any permit or may remand to the council for such order.

Appeals may be taken from the chancery court to the Supreme Court in the manner as now required by law, except that if a supersedeas is desired by the party appealing from the chancery court, he may apply therefor to the chancellor thereof, who shall award a writ of supersedeas w…

(a) “Coastal wetlands” means all publicly-owned lands subject to the ebb and flow of the tide; which are below the ordinary high water mark; all publicly-owned accretions above the ordinary high water mark and all publicly-owned submerged water-bottoms below the ordinary high wat…

(1) (a) If a person in violation of this chapter submit s a proper application for any unauthorized work and the commission determines that the work has been conducted in accordance with the public policy as set forth in Section 49-27-3, the commission shall issue after-the-fact …

Jurisdiction and venue for judicial actions brought pursuant to this chapter shall lie in any county or counties in which the alleged violation occurs or in which property affected by such violation is located.

(a) Any person who performs or causes to be performed any activity regulated by this chapter for which a permit has not been obtained, violates any provision of this chapter, regulation promulgated pursuant to this chapter or any condition of a permit, shall be liable to the Stat…

(a) In addition to civil liability under this chapter, a violation of this chapter is a misdemeanor and shall be punished by a fine of not less than One Hundred Dollars ($100.00) and not more than One Thousand Dollars ($1,000.00) or by imprisonment of not more than thirty (30) da…

The commission shall adopt, promulgate and publish rules and regulations for the implementation of this chapter. Before becoming effective, such rules and regulations, and any changes, must be published once a week for at least three (3) consecutive weeks in a newspaper having ge…

(a) For purposes of this chapter, the following terms shall have the meanings ascribed to them in this section:(a) “Marina” means a facility providing more than twelve (12) mooring spaces for boats that may provide supplies and services including electricity, fresh water, fuel or…