MCA Chapter 19

MCA Chapter 19
in effect

Miss. Code Ann. § 49-19-1 State forestry commission; membership; compensation; organization.

There shall be a State Forestry Commission composed of ten (10) members, who shall be qualified electors of the state. The Dean of the School of Forest Resources at Mississippi State University shall be an ex officio member of the commission, with full voting authority. The Governor shall appoint eight (8) members, with the advice and consent of the Senate, for a term of six (6) years. The Governor shall appoint one (1) member from each congressional district as constituted at the time the appointments are made and shall appoint the remainder of the members from the state at large. A member from a congressional district must be a certified tree farmer who owns eighty (80) or more acres of forest land or a person who derives a major portion of his or her personal income from forest-related business, industry or other related activities. Members of the commission from the state at large may or may not possess the same qualifications as members appointed from the congressional districts. The members of the commission shall receive no annual salary but each member of the commission shall receive a per diem plus expenses and mileage as authorized by law for each day devoted to the discharge of official duties. No member of the commission shall receive total per diem in excess of twenty-four (24) days’ compensation per annum. If a vacancy occurs in the office of an appointed member of the commission, the vacancy shall be filled by appointment for the balance of the unexpired term. The commission shall elect from its membership a chair, who shall preside over meetings, and a vice chair, who shall preside in the absence of the chair or when the chair is excused. The commission shall adopt rules and regulations governing times and places for meetings, and governing the manner of conducting its business. Each member of the commission shall take the oath prescribed by Section 268 of the Mississippi Constitution of 1890 and shall enter into a bond in the amount of Thirty Thousand Dollars ($30,000.00) to be approved by the Secretary of State, conditioned according to law and payable to the State of Mississippi before assuming the duties of office. Any appointment made to the commission contrary to this section shall be void, and it is unlawful for the State Fiscal Officer to pay any per diem or authorize the expenses of the appointee.

Miss. Code Ann. § 49-19-3 Selection and qualifications of state forester; other duties and powers of the commission [Paragraph (j) repealed effective June 30, 2022].

The duties and powers of the commission shall be: 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 him such office expenses incidental to the performance of his official duties as the commission, in its discretion, may deem necessary; and to charge him with the immediate direction and control, subject to the supervision and approval of the commission, of all matters relating to forestry as authorized herein. Any person appointed by the commission as State Forester shall have received a bachelor’s degree in forestry from an accredited school or college of forestry and shall be licensed and registered under the provisions of the Mississippi Foresters Registration Law (Section 73-36-1 et seq.) and in addition shall have had at least five (5) years’ administrative experience in a forestry-related field. To take such action and provide and maintain such organized means as may seem necessary and expedient to prevent, control and extinguish forest fires, including the enforcement of any and all laws pertaining to the protection of forests and woodland. To encourage forest and tree planting for the production of a wood crop, for the protection of water supply, for windbreak and shade, or for any other beneficial purposes contributing to the general welfare, public hygiene and comfort of the people. To cause to be made such technical investigations and studies concerning forest conditions, the propagation, care and protection of forest and shade trees, the care and management of forests, their growth, yield and the products and by-products thereof, and any other competent subject, including forest taxation, bearing on the timber supply and needs of the state, which the commission, in its discretion, may deem proper. To assist and cooperate with any federal or state department or institution, county, town, corporation or individual, under such terms as in the judgment of the commission will best serve the public interest, in the preparation and execution of plans for the protection, management, replacement, or extension of the forest, woodland and roadside or other ornamental tree growth in the state. To encourage public interest in forestry by means of correspondence, the public press, periodicals, the publication of bulletins and leaflets for general distribution, the delivery of lectures in the schools and other suitable means, and to cooperate to the fullest extent with the extension department services of the state colleges in promoting reforestation. It shall be the duty of the State Forester to cooperate with private timber owners in laying plans for the protection, management and replacement of forests and in aiding them to form protection associations. It shall be his duty to examine all timbered lands belonging to the state and its institutions and report to the commission upon their timber conditions and actual value, and also whether some of these lands may not be held as state forests. He shall be responsible for the protection and management of lands donated, purchased or belonging to the state or state institutions, and all other lands reserved by the state as state forests. To control the expenditure of any and all funds appropriated or otherwise made available for the several purposes set forth herein under suitable regulations and restrictions by the commission and to specifically authorize any officer or employee of the commission to incur necessary and stipulated expenses in connection with the work in which such person may be engaged. To submit annually to the Legislature a report of the expenditures, proceedings and results achieved, together with such other matters including recommendations concerning legislation as are germane to the aims and purposes of this chapter. To create, establish and organize the State of Mississippi into forestry districts for the most effective and efficient administration of the commission. To appoint, upon the State Forester’s recommendation, six (6) individuals who shall be designated Mississippi Forestry Commission Law Enforcement Officers with authority to bear arms, investigate and make arrests; however, the law enforcement duties and authority of the officers shall be limited to woods arson. The officers shall comply with applicable minimum educational and training standards for law enforcement officers. These officers may issue citations for any violation of those laws for recklessly or with gross negligence causing fire to burn the lands of another. A citation issued by a Forestry Commission law enforcement officer shall be issued on a uniform citation form consisting of an original and at least two (2) copies. Such citation shall show, among other necessary information, the name of the issuing officer, the name of the court in which the cause is to be heard and the date and time the person charged with a violation is to appear to answer the charge. The uniform citation form shall make a provision on it for information that will constitute a complaint charging the offense for which the citation was issued and, when duly sworn to and filed with a court of competent jurisdiction, prosecution may proceed under that complaint. For the purposes of this paragraph, the fact that any person is found to have a brush or debris pile or other material which is or was being burned and reasonable and prudent efforts were not taken to prevent the spread of the fire onto the lands of another shall be evidence that such person recklessly or with gross negligence caused the land to burn. This paragraph shall stand repealed on June 30, 2022.

Miss. Code Ann. § 49-19-5 Acquisition and disposal of property.

The State Forestry Commission is hereby authorized and empowered to acquire and dispose of property of all kinds in accordance with the provisions of Section 29-1-1, in order to discharge the duties as set forth in Section 49-19-3, and subsequent germane general laws of the State of Mississippi. It is further authorized to sell, rent, lease, and dispose of any property acquired by the commission, all property to be sold or disposed of shall be sold or disposed of in the manner provided by law for the sale or disposition of surplus property by other state agencies. Any funds received from the sale, rental or lease of any property herein authorized, to be acquired, shall be paid into the State Treasury to the credit of a special account, and the commission is hereby authorized to use this fund for the replacement, repairs, and upkeep of any property authorized to be acquired and owned under this section.

Miss. Code Ann. § 49-19-7 Control pine beetle epidemics and other timber insects and pests.

The Mississippi Forestry Commission shall keep itself informed as to the known varieties of pine beetles and other timber insect pests and diseases, the origin, locality, nature and appearance thereof, the manner in which they are disseminated, and approved methods of treatment, control and eradication. The commission shall from time to time make rules and regulations for carrying out the provisions and requirements of this section, including rules and regulations under which its employees shall (1) inspect places, timber, and timber products, and other things and substances used or connected therewith, (2) investigate, control, eradicate and prevent the dissemination of pine beetles and other timber insect pests and diseases, and (3) supervise or cause the treatment, cutting and destruction of timber or timber products and other things infested or infected therewith. The commission’s employees shall have authority to carry out and execute the regulations and orders of the commission and shall have authority, under direction of the commission, to carry out provisions of this section. The Mississippi Forestry Commission and its employees shall have the authority to enter upon any and all timber lands for the purpose of carrying out the provisions of this section. All known varieties of pine beetles and other insect pests and diseases infesting or infecting or likely to infest or infect timber or timber products in this state shall be listed by the state forestry commission, and every such variety of pine beetle and every such insect pest or disease listed and all timber and timber products infested or infected therewith are hereby declared to be a public nuisance. Before entering upon any lands for the purpose of removing any infested or infected timber having a value in excess of one hundred dollars ($100.00), where the owner of such land will not cause the removal of such infested or infected timber, the forestry commission shall first secure an order of the chancery court in term time or in vacation authorizing the commission to effect such removal. Process on any resident owner in any such proceeding shall be served as other process, and process on any non-resident owner shall be had by mailing such process by registered mail, return receipt requested, to the last known address of such non-resident or by publication in three weekly issues of a newspaper published in the county where such timber land is located if no mailing address is known. Any hearing under provisions of this section may be set at any time five days after date of service of process, or in case of publication five days after completion of such publication. It is the purpose of this section to authorize and empower the state forestry commission to control disease or insect infections or infestations in timber and timber products within this state. It is not the purpose of this section to transfer any powers from the state plant board to the state forestry commission. Use of the word “timber” shall be deemed to refer to such trees as are normally used in the manufacture of lumber and the term “timber products” shall be deemed to refer to products manufactured from such trees normally used in the manufacture of lumber.

Miss. Code Ann. § 49-19-9 Fire protection services for Choctaw Indian lands.

The State Forestry Commission is hereby authorized to extend fire protection services to the Choctaw Indian lands located in Attala, Kemper, Leake, Neshoba, Newton, Jones and Scott Counties, Mississippi. The State Forestry Commission is authorized to accept from the Choctaw Agency adequate compensation for fire detection and suppression, which sum may be used by the forestry commission in its fire protection work.

Miss. Code Ann. § 49-19-11 Land adjacent to protective areas, etc.

The State Forestry Commission is hereby authorized to protect intermingled or adjacent state owned lands in the same manner and form as other lands within the state and the expenses thereof may be paid out of any appropriation made to the State Forestry Commission; provided such expenditures are not greater per acre in any year than the expenditures by the commission on account of the protection of any other lands than that owned by the State of Mississippi. The provisions of this section shall not be applicable to the protection of established state parks, state forests or other state owned lands when increased expenditure may be necessary for the protection thereof in the opinion of the State Forestry Commission. It is hereby made the duty of all agents and employees of the State Forestry Commission to report to the commission any timber or other trespass discovered by such agent or employees on state owned lands giving detailed information thereof in such report.

Miss. Code Ann. § 49-19-13 Part of severance tax may be donated by county.

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 received by the county the preceding year. Such money so appropriated shall be used by the state forestry commission for forestry work and protection in such county.

Miss. Code Ann. § 49-19-15 Appropriations.

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 departments of the state.

Miss. Code Ann. § 49-19-17 Study of forestry in schools and colleges.

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 celebration of arbor day by all public schools, on which day ornamental and shade trees, flowers, etc., are to be placed, where practicable, on the grounds surrounding all public schoolhouses.

Miss. Code Ann. § 49-19-19 Free commercial tree seedlings for farm owners and schools.

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 produce and make available to farm owners and to schools of this state, having lands contiguous to the school site suitable for reforestation, free commercial tree seedlings not to exceed five thousand (5,000) trees per farm owner per year, and not to exceed five thousand (5,000) trees per school, providing the farm owner or owners and school trustees desiring such seedlings enter into a cooperative agreement with the state forestry commission assuring the commission of the proper planting, care, and protection of all seedlings thus furnished from fire and wasteful cutting. The minimum number of seedlings furnished any consignee under this section shall not be less than one thousand (1,000). In its cooperative agreement, the Mississippi Forestry Commission may provide for the payment to it of a penalty of not exceeding Ten Dollars ($10.00) per thousand trees for each thousand or part thereof planted in violation of the purposes and intent of this section. The Mississippi Forestry Commission is hereby authorized to use such funds as it may have available in carrying out the intent and purposes of this section.

Miss. Code Ann. § 49-19-21 How moneys contributed by government spent.

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 commission as is directed by the federal government.

Miss. Code Ann. § 49-19-23 Federal funds; apportionment.

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 the state treasurer to the several counties in which such national forest lands are or may be, in proportion to the area of such national forest lands in each, as determined by the forest service of the United States Department of Agriculture. The several sums so apportioned to each county shall be paid over by the state treasurer to the county depository within sixty (60) days after receipt thereof, and fifty percent (50%) of such funds received by the county shall be expended for the benefit of the public schools, and the remaining fifty percent (50%) of such funds shall, in the discretion of the board of supervisors, be expended for the benefit of the public roads or of the public schools of the school districts within which national forest lands may be located. In any area affected not having a school located therein, all of such funds may be expended on roads. In counties containing one hundred sixty thousand, two hundred fifty-three (160,253) acres of national forest lands located solely within three (3) supervisors districts, if the board of supervisors elects to apportion fifty percent (50%) of the funds so received to public roads, the funds shall be expended upon the public roads within the supervisors district or districts within which the national forest lands are located. In counties containing one hundred sixty thousand, two hundred fifty-three (160,253) acres of national forest lands located solely within three (3) supervisors districts, that portion of the funds allocated to public schools may, within the discretion of the county school board, be expended for the public schools within the county wherein the national forest lands are located. In any county wherein there is located a national forest traversed by the Chickasawhay River and in which U. S. Highways 84 and 45 intersect, all such funds so received shall be expended in such manner as the board of supervisors shall determine in the public interest for the maintenance of public roads and support of the public schools.

Miss. Code Ann. § 49-19-25 Fires declared nuisances; abandoned open cisterns and wells declared nuisances; abatement.

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 existence of such fire on land other than his own is hereby required to control or extinguish it immediately, and if said person, firm or corporation shall wilfully refuse, neglect or fail to do so, any organized fire suppression agency recognized by the Mississippi Forestry Commission, may summarily abate the nuisance thus constituted by controlling or extinguishing the fire. The cost of abating such nuisance, with all costs and reasonable attorney’s fees to be allowed by the court, may be recovered from the person, firm or corporation responsible for such nuisance by civil action in the proper court, action for said recovery to be filed by the agency abating the nuisance. This section shall not impair any remedy now allowed by law. Any open cistern or well, which has been abandoned or is no longer used for the purpose of a cistern or well is hereby declared to be a public nuisance by reason of its menace to life and property, and the Mississippi Forestry Commission is hereby authorized to seal such cistern or well upon request of the landowner. A reasonable fee shall be charged for this purpose and all fees collected shall be handled in the same manner as other service charges collected by the commissioner.

Miss. Code Ann. § 49-19-27 Tree Seedling Revolving Fund; reforestation.

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. The Tree Seedling Revolving Fund shall be funded by monies received from the sale of contract seedlings to Mississippi landowners. Monies collected from the sales shall be deposited into the Tree Seedling Revolving Fund. The State Treasurer shall make disbursements for payment of production or purchase of seedlings upon requisition by the Forestry Commission and upon the issuance of warrants by the Department of Finance and Administration. The Tree Seedling Revolving Fund is created to supplement the State Forestry Commission’s seedling production capacity and not for its replacement.

Miss. Code Ann. § 49-19-31 Joint Study Committee on Forestry.

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 practices by state agencies, the seedling shortage and other matters related to the forestry industry. The committee shall be composed of the following members: The Chairman of the Senate Forestry Committee, Chairman of the Senate Agriculture Committee, and two (2) members of the forestry committee appointed by the Lieutenant Governor. The Chairman of the House Agriculture Committee and three (3) members of the agriculture committee appointed by the Speaker of the House of Representatives. The Chairman of the Senate Forestry Committee and the Chairman of the House Agriculture Committee shall serve as co-chairs of the committee. The members of the joint committee shall be paid from the contingent expense funds of their respective houses in the same manner as provided for committee meetings when the Legislature is not in session and shall obtain the approval of their respective management committees for per diem and travel expense expenditures of the committee. The committee shall utilize clerical and legal staff employed by the Legislature and may utilize any assistance made available to it by any state agency. Upon presentation of its final report the committee shall be dissolved.

Miss. Code Ann. § 49-19-33 Southern Regional Fire Training Center renamed the Richard (Dick) Allen Building.

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 Richard (Dick) Allen Building which states the background, accomplishments and service to Mississippi of Richard Allen as Executive Director of the State Forestry Commission.

Miss. Code Ann. § 49-19-51 Repealed.

Repealed by Laws of 2017, ch. 310, § 1, effective upon passage and approved March 9, 2017. § 49-19-51 . [Codes, 1942, § 6046-11; Laws, 1944, ch. 240, § 2.] § 49-19-53 . [Codes, 1942, § 6046-10; Laws, 1944, ch. 240, § 1.] § 49-19-55 . [Codes, 1942, § 6046-12; Laws, 1944, ch. 240, § 3.] § 49-19-57 . [Codes, 1942, § 6046-13; Laws, 1944, ch. 240, § 4.] § 49-19-59 . [Codes, 1942, § 6046-14; Laws, 1944, ch. 240, § 5.] § 49-19-61 . [Codes, 1942, § 6046-15; Laws, 1944, ch. 240, § 6.] § 49-19-63 . [Codes, 1942, § 6046-16; Laws, 1944, ch. 240, § 7.] § 49-19-65 . [Codes, 1942, § 6046-22; Laws, 1944, ch. 240, § 13.] § 49-19-67 . [Codes, 1942, § 6046-17; Laws, 1944, ch. 240, § 8.] § 49-19-69 . [Codes, 1942, § 6046-21; Laws, 1944, ch. 240, § 12.] § 49-19-71 . [Codes, 1942, § 6046-18; Laws, 1944, ch. 240, § 9.] § 49-19-73 . [Codes, 1942, § 6046-19; Laws, 1944, ch. 240, § 10; Laws, 1974, ch. 569 § 21, eff from and after passage (approved April 24, 1974).] § 49-19-75 . [Codes, 1942, § 6046-20; Laws, 1944, ch. 240, § 11.] § 49-19-77 . [Codes, 1930, § 6168; 1942, § 6026; Laws, 1926, ch. 161.] Editor’s Notes — Laws of 2017, ch. 310, § 1, effective from and after March 9, 2017, provides: “SECTION 1. The Forest Harvesting Act, Sections 49-19-51, 49-19-53, 49-19-55, 49-19-57, 49-19-59, 49-19-61, 49-19-63, 49-19 65, 49-19-67, 49-19-69, 49-19-71, 49-19-73, 49-19-75 and 49-19-77, Mississippi Code of 1972, which require leaving pine and hardwood seed trees when harvesting timber for commercial purposes, is hereby repealed.” Former § 49-19-51 provided that §§ 49-19-51 through 49-19-75 be cited as the “Forest Harvesting Law” and required state agencies make interpretations and applications that most nearly complied with the intent and purposes set forth in former § 49-19-53 . Former § 49-19-53 provided the legislative intent and purposes of the Forest Harvesting Law (§§ 49-19-51 through 49-19-75 ). Former § 49-19-55 related to cutting tress for naval stores and required that a certain number of trees be left standing. Former § 49-19-57 related to cutting pine trees for commercial purposes. Former § 49-19-59 related to cutting hardwood trees for commercial purposes. Former § 49-19-61 related to cutting timber on forest lands containing both pine and hardwood timber. Former § 49-19-63 related to trees left standing for seed trees. Former § 49-19-65 required the state forestry commission to publicize the Forest Harvesting Act (§§ 49-19-51 through 49-19-75 ). Former § 49-19-67 related to the applicability of §§ 49-19-51 through 49-19-75 . Former § 49-19-69 provided that §§ 49-19-51 through 49-19-75 were not applicable to timber cutting contracts entered into prior to the effective date of §§ 49-19-51 through 49-19-75 . Former § 49-19-71 related to the enforcement of §§ 49-19-51 through 49-19-75 by the forestry commission. Former § 49-19-73 required law enforcement officers cooperate with the state forestry commission to enforce the provisions of §§ 49-19-51 through 49-19-75 . Former § 49-19-75 provided penalties for violations of §§ 49-19-51 through 49-19-75 . Former § 49-19-77 encouraged owners of forested lands that were going to be cut, denuded or bled for turpentine to leave seed trees standing.

Miss. Code Ann. § 49-19-111 Promotion of forestry education, timber management and forest fire control.

For the purpose of providing assistance to all farm woodland and timber landowners in the state, including private ownership, and to promote the growing, managing and harvesting of timber thereon, and to provide organized forest fire protection in all counties, and to encourage the production and growth of timber on all lands suitable therefor, and for the better management thereof, and to encourage greater private ownership and promote forest education and timber management and forest fire control, the State Forestry Commission is hereby authorized to carry out the provisions of Sections 49-19-111 through 49-19-117.

Miss. Code Ann. § 49-19-113 Forestry districts and areas to be created.

In order to carry out further the program herein authorized, the state forestry commission be and it is hereby authorized to organize, divide or set up forest districts and areas throughout the state, which districts and areas shall be so organized, divided or set up in accordance with the distribution of forest land and the location of political boundaries as to best serve the interest of the state as a whole. The commission shall appoint a district forester and assistant district forester for each district and shall appoint an area forester for each forest area, all of whom shall be charged with the duty of directing forestry education, timber management, forest fire control and other necessary forestry conservation activities and practices as the commission shall deem necessary.

Miss. Code Ann. § 49-19-115 Forest acreage tax. [Repealed effective June 30, 2020].

The board 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 cooperation of the State Forestry Commission in carrying out organized forest fire control and other provisions of Sections 49-19-111 through 49-19-117. In addition to the tax levied under subsection (1) of this section, the board of supervisors of all counties are hereby directed to levy an additional forest acreage tax on all timbered and uncultivatable lands in the county beginning October 1, 1989, and continuing for three (3) succeeding years in the following amounts: Click to view Upon completion of the third year, the total acreage tax shall remain at the Nine Cents (9¢) per acre per year. Uncultivatable lands shall not include bogs, unreclaimed strip mine areas, coastal beach sands, tidal and freshwater marshes, beaver ponds and flood or flowage easements. Those homeowners described in Section 27-33-67(2), who qualify for the exemptions allowed in Article 1, Chapter 33, Title 27, Mississippi Code of 1972, shall be exempt from any forest acreage tax levied pursuant to this section. The provisions of this section and the tax levy required herein shall not be applicable to any counties which were not levying such forest acreage tax on January 1, 1989. This section shall be repealed on June 30, 2020. Total Acreage Increase Tax Fiscal year ending September 30, 1990 3¢ per acre 5¢ per acre Fiscal year ending September 30, 1991 2¢ per acre 7¢ per acre Fiscal year ending September 30, 1992 2¢ per acre 9¢ per acre

Miss. Code Ann. § 49-19-117 Use of funds by State Forestry Commission.

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 purpose and intent of Sections 49-19-111 through 49-19-117. The State Forestry Commission is hereby authorized to use state funds appropriated for the purpose of Sections 49-19-111 through 49-19-117 in addition to any funds made available from county forest acreage taxes, federal funds and other sources. The State Forestry Commission is hereby authorized to expend the funds herein provided in such manner as to most effectively carry out the provisions of Sections 49-19-111 through 49-19-117. The forest acreage tax levied at the rate of Two Cents (2¢) per acre under Section 49-19-115(1) shall be utilized on an economical and practical basis in order to foster, encourage, promote and bring about forestry education, timber management and organized forest fire control throughout the State of Mississippi. The additional forest acreage tax levied under Section 49-19-115(2) shall be utilized by the State Forestry Commission to purchase fire support equipment, including transport trucks, tractors and other related fire support equipment. The additional forest acreage tax levied under Section 49-19-115(2) shall be appropriated under the appropriation process.

Miss. Code Ann. § 49-19-141 South Central Interstate Forest Fire Protection Compact authorized.

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 such compact:

Miss. Code Ann. § 49-19-143 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 49-19-141, 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.

Miss. Code Ann. § 49-19-145 State forester as compact administrator.

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 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 who 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 49-19-171 Southeastern Interstate Forest Fire Protection Compact authorized.

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 legislature hereby signifies in advance its approval and ratification of such compact:

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 49-19-201 Short title.

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

Miss. Code Ann. § 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.

Miss. Code Ann. § 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: “Commission” shall mean the state forestry commission. “State forester” shall mean the forester appointed by the commission. “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. “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. “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. “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. “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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 49-19-215 Eligible owners to be encouraged to use own resources or to employ private vendors.

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. 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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: To determine which approved practices shall be eligible for cost-share assistance; 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; 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; 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. 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.

Miss. Code Ann. § 49-19-221 Limitation on amount of cost-share assistance; allocation of funds for reforestation of sixteenth section school trust lands.

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. 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. 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. It is the intent of this section that the Mississippi Forestry Commission by 1995 bring to maximum productivity all sixteenth section land.

Miss. Code Ann. § 49-19-223 Application for cost-share assistance; payment.

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. The commission, upon completion of the approved practice, shall tender all approved sums of the cost-share assistance to the owner.

Miss. Code Ann. § 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.

Miss. Code Ann. § 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.

Miss. Code Ann. § 49-19-303 Legislative findings; purpose.

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: 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. 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. 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. 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. Proper training in the use of prescribed burning is necessary to ensure maximum benefits and protection for the public. As Mississippi’s population continues to grow, pressures from liability issues and nuisance complaints inhibit the use of prescribed burning. 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.

Miss. Code Ann. § 49-19-305 Definitions.

As used in Sections 49-19-301 through 49-19-307 unless the context requires otherwise: “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. “Certified prescribed burn manager” means an individual or county forester who successfully completes the certification program approved by the Mississippi Forestry Commission. “Prescription” means a written plan for starting and controlling a prescribed burn to accomplish the ecological, silvicultural and wildlife management objectives.

Miss. Code Ann. § 49-19-307 Regulation of prescribed burns; liability.

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. Prescribed burning conducted under the provisions of this section shall: Be accomplished only when at least one (1) certified prescribed burn manager is supervising the burn or burns that are being conducted; Require that a written prescription be prepared and notarized prior to prescribed burning; Require that a burning permit be obtained from the Mississippi Forestry Commission; and 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. 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. 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.

Miss. Code Ann. § 49-19-351 Restrictions on outdoor burning during drought or wildfire conditions; penalties.

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. 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. 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. 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). The sheriff of the county shall enforce the order and may cite persons for violations of an order under this section.

Miss. Code Ann. § 49-19-401 Repealed.

Repealed by Laws, 2018, ch. 395, § 6, eff from and after July 1, 2018. § 49-19-401 . [Laws, 2002, ch. 571, § 1, eff from and after July 1, 2002.] Editor's Notes — Former § 49-19-401 provided the short title of Chapter 571, Laws of 2002.

Miss. Code Ann. § 49-19-403 Repealed.

Repealed by Laws, 2018, ch. 395, § 6, eff from and after July 1, 2018. § 49-19-403 . [Laws, 2002, ch. 571, § 2; Laws, 2005, ch. 445, § 1; Laws, 2006, ch. 571, § 1, eff from and after July 1, 2006.] Editor's Notes — Former § 49-19-403 created the Mississippi Institute for Forest Inventory and provided for the appointment of the institute directory, creation of an advisory board, and institute membership.

Miss. Code Ann. § 49-19-405 Repealed.

Repealed by Laws, 2018, ch. 395, § 6, eff from and after July 1, 2018. § 49-19-405 . [Laws, 2002, ch. 571, § 3, eff from and after July 1, 2002.] Editor's Notes — Former § 49-19-405 prescribed the duties and responsibilities of the Mississippi Institute for Forest Inventory.

Miss. Code Ann. § 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.

Miss. Code Ann. § 49-19-408 Repealed.

Repealed by Laws, 2018, ch. 395, § 6, eff from and after July 1, 2018. § 49-19-408 . [Laws, 2005, ch. 444, § 1, eff from and after passage (approved Mar. 23, 2005).] Editor's Notes — Former § 49-19-408 provided limited immunity from criminal trespass for persons conducting forest inventory on private lands.

Miss. Code Ann. § 49-19-409 Repealed.

Repealed by Laws of 2005, ch. 398, § 1, effective from and after passage March 16, 2005. [Laws, 2002, ch. 571, § 5, eff from and after July 1, 2002.]