MCA Chapter 27

in effect

Miss. Code Ann. § 49-27-1 Title and citation of chapter.

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.”

Miss. Code Ann. § 49-27-3 Public policy declared.

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 higher public interest in compliance with the public purposes of the public trust in which coastal wetlands are held.

Miss. Code Ann. § 49-27-5 Definitions.

“Coastal wetlands” means all publicly-owned lands subject to the ebb and flow of the tide; which are below the watermark of ordinary high tide; all publicly-owned accretions above the watermark of ordinary high tide and all publicly-owned submerged water-bottoms below the watermark of ordinary high tide and includes the flora and fauna on the wetlands and in the wetlands. “Department” means the Department of Marine Resources. “Regulated activity” means any of the following activities: The dredging, excavating or removing of soil, mud, sand, gravel, flora, fauna or aggregate of any kind from any coastal wetland; The dumping, filling or depositing of any soil, stones, sand, gravel, mud, aggregate of any kind or garbage, either directly or indirectly, on or in any coastal wetlands; Killing or materially damaging any flora or fauna on or in any coastal wetland; The erection on coastal wetlands of structures which materially affect the ebb and flow of the tide; and The erection of any structure or structures on suitable sites for water dependent industry. “Dredging” means the removal or displacement by any means of soil, sand, gravel, shells or other material, whether of intrinsic value or not, from coastal wetlands. “Executive director” means the Executive Director of the Department of Marine Resources. “Filling” means either the displacement of waters by the deposition into coastal wetlands of soil, sand, gravel, shells or other material; or the artificial alteration of water levels or water currents by physical structures, drainage ditches or otherwise. “Person” means any 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. “Commission” means the Mississippi Commission on Marine Resources. “Water dependent industry” means those commercial, industrial or manufacturing activities which, for purposes basic to their existence must occur or locate on or adjacent to the estuaries, sounds, channels, shores or marshlands of the coast. “Suitable sites for water dependent industry” means those areas of land which are suitable for the development of water dependent industry because of their proximity to waters of navigable depth, size and configuration, topography, soil conditions and access to other means of transportation. After consultation with local governments, port authorities, development commissions, port and harbor commissions and other interested parties, and after full consideration of zoning ordinances duly adopted by local governments, the commission shall designate those sites it deems suitable for water dependent industry. The definition of “suitable sites for water dependent industry” shall be limited to, but not necessarily inclusive of, waterfront sites owned by county port authorities, development commissions and port and harbor commissions, and to areas that are now or are later made to be within one thousand (1,000) feet of the centerline of any natural or maintained channel having a depth of seven (7) feet or greater at mean low water. However, additional sites may be included in the definition of suitable sites for water dependent industry with the concurrence of the board of supervisors in the county affected.

Miss. Code Ann. § 49-27-6 Marinas; classification.

For purposes of this chapter, the following terms shall have the meanings ascribed to them in this section: “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 sewage collection facilities. “Public marina” means a marina that offers mooring spaces and docking facilities for lease by the general public. Public marinas include recreational and commercial marinas, and they require a “C” for commercial or “I” for industrial use designation. “Private single-family or multi-family pier” means a pier that is part of an adjacent single-family home subdivision or multi-family condominium or apartment development that provides mooring spaces and docking facilities restricted for use by only home owners or tenants of the adjacent development. Private single-family and multi-family piers with twelve (12) or fewer mooring spaces are compatible with a “G” for general use designation. Private single-family and multi-family piers with more than twelve (12) mooring spaces require a “C” for commercial use designation. Commercial vessels may not be moored in a multi-family pier. “Yacht club marina” means a marina that restricts mooring spaces and docking facilities to members only of a private association organization. Yacht clubs require a “C” for commercial or “I” for industrial use designation.

Miss. Code Ann. § 49-27-7 Chapter inapplicable to certain activities, areas and entities; exempt activities, areas and entities to adhere to declared public policy; exempt entities to notify commission of activities.

This chapter shall not apply to the following activities, areas and entities: The accomplishment of emergency decrees of any duly appointed health officer of a county or municipality or of the state, acting to protect the public health; The conservation, repletion and research activities of the Commission on Marine Resources, the Mississippi Gulf Coast Research Laboratory, the Commission on Wildlife, Fisheries and Parks, and the Mississippi-Alabama Sea Grant Consortium when acting through the Mississippi Universities Marine Center; Hunting, erecting duck blinds, fishing, shellfishing and trapping when and where otherwise permitted by law; Swimming, hiking, boating or other recreation that causes no material harm to the flora and fauna of the wetlands; The exercise of riparian rights by the owner of the riparian rights, if the construction and maintenance of piers, boathouses and similar structures are constructed on pilings that permit a reasonably unobstructed ebb and flow of the tide. The riparian owner may reasonably alter the wetland at the end of his pier in order to allow docking of his vessels; The normal maintenance and repair of bulkheads, piers, roads and highways existing on the date of enactment of this chapter, and all interstate highways planned but not yet under construction; and financed in part by Federal Interstate Highway Trust Funds; Wetlands developed in the future by federal, state or county governments for the establishment of a superport or a pipeline buoy terminal for deep-draft, ocean-going vessels, including but not limited to, wetlands adjacent to Petit Bois Island and the Bayou Casotte Channel in Jackson County, Mississippi; The Biloxi Bridge and Park Commission, Biloxi Port Commission, Long Beach Port Commission, Pass Christian Port Commission, Pascagoula Port Commission, and any municipal or local port authorities; Wetlands used under the terms of the use permit granted by Chapter 395, Laws of 1954; Any activity affecting wetlands that is associated with or is necessary for the exploration, production or transportation of oil or gas when such activity is conducted under a current and valid permit granted by a duly constituted agency of the State of Mississippi; Activities of any mosquito control commission which is a political subdivision or agency of the State of Mississippi; The Fisherman’s Wharf in Biloxi and the Buccaneer State Park in Hancock County; Wetlands conveyed by the state for industrial development thereon pursuant to Section 211, Mississippi Constitution of 1890, and pursuant to Section 29-3-61, Mississippi Code of 1972; The activities of the Hancock County Port and Harbor Commission affecting wetlands within its jurisdiction; The activities of the Harrison County Development Commission affecting wetlands within its jurisdiction; The activities of the Jackson County Port Authority affecting wetlands within its jurisdiction; The activities of the Mississippi State Port at Gulfport affecting wetlands within its jurisdiction; and In the case of regulated activities which, in the judgment of the director or his delegate, after an on-site inspection, have no harmful impact on the environment and which make no substantial change in the wetlands, the director may issue a certificate of waiver, and no permit shall be required. All activities, areas and entities exempt from the regulatory provisions, whether by name or reference, when carrying out what would otherwise be regulated activities in coastal wetlands shall at all times adhere to the policy as set forth in Section 49-27-3. Each entity shall notify the commission of all such activities so that the commission may be fully advised of all activities in the coastal wetlands.

Miss. Code Ann. § 49-27-9 Permit required to conduct regulated activity; filing and form of application; fee.

No regulated activity shall affect any coastal wetlands without a permit unless excluded in Section 49-27-7. Any person proposing to conduct or cause to be conducted a regulated activity shall file an application for a permit with the commission in such form and with such information as the commission may prescribe. An application fee in an amount of Fifty Dollars ($50.00) for residential type regulated activity and Five Hundred Dollars ($500.00) for commercial and industrial type related activity shall accompany each application and shall be payable to the commission. No permit shall be required for a regulated activity as defined in Section 49-27-5(c)(v) if such activity is an activity by a water dependent industry, nor shall a permit be required pursuant to Section 49-27-5(c)(v) of any individual who seeks to construct a home, fishing camp or similar structure on his own property. If the commission determines that the activity, area or entity is exempt or requires no permit, and that the activity, area or entity complies with the notification requirement and the coastal wetland policy as required under Section 49-27-7, the commission may reduce the application fee by fifty percent (50%).

Miss. Code Ann. § 49-27-11 Application; contents.

A complete application shall include the following: The name and address of the applicant; 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 immediately adjacent to the coastal wetland, or a certification that after diligent search and inquiry the names and addresses could not be found; A detailed description of the proposed activity and a map, drawn to an appropriate and uniform scale showing by section, township and range, or by latitudinal and longitudinal coordinator, the location and area of the coastal wetlands to be affected, indicating the location and area of existing and proposed fill, excavation or other regulated activities; showing the location, width, depth and length of any proposed channel and dredge spoil disposal site; showing all existing and proposed structures, sewage collection and treatment facilities, utility installations, roadways and related appurtenances or facilities, including those on adjacent uplands; describing the type of equipment to be used and the means of equipment access to the activity site; An estimate of the cost of the activity; The primary and secondary purposes of the project, including contemplated future projects; A description of any public benefit to be derived from the proposed project dependent upon the proposed activity; A complete description of measures to be taken to reduce detrimental off-site effects to the coastal wetlands during and after the proposed activity; The completion date of the proposed activity and of the project dependent upon the activity; An appropriate written report or statement of the environmental impact of the proposed regulated activity and of the final project dependent on it upon the affected coastal wetlands and the life dependent upon them, provided that an environmental impact statement treating the same activity in the same area and supplied to another federal or state agency for considering a permit shall satisfy this requirement if submitted by the applicant; and A certification that a permit from the Mississippi Commission on Environmental Quality has been applied for or that such permit is not required; that a permit from the United States Corps of Engineers has been applied for or that such permit is not required; that permits or other certificates of compliance with applicable municipal or county building codes and zoning ordinances have been applied for or are not required. If the applicant alters or amends the information provided in compliance with paragraph (c) of subsection (1) of this section, the review periods provided for in Sections 49-27-15 and 49-27-37 shall begin on the date that the new information is provided to the department. The date of receipt for a completed application begins on the date of the last amendment made in accordance to paragraph (c) of subsection (1) of this section. Any person filing an application to dredge an existing channel for navigational purposes shall complete an application for such activities in accordance with application procedures required in this section.

Miss. Code Ann. § 49-27-13 Application; copy may be mailed to parties.

The commission may cause a copy of any application to be mailed immediately to the following parties: The chief administrative officer in the municipality or municipalities where any part of the proposed activity will be located; The president of the board of supervisors of any county where any part of the proposed activity will be located; The Executive Director of the Department of Wildlife, Fisheries and Parks; The county attorney of any county in which any part of the proposed activity will be located or in any county which may be affected by such activity; The district attorney of any judicial district in which any part of the proposed activity will be located or of any district which may be affected by such activity; and The Director of the Gulf Regional Planning Commission.

Miss. Code Ann. § 49-27-15 Application; notice of date for filing objections; hearing and notice of hearing; payment of publication fees and costs of providing notice to public.

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 applicant, or (ii) a hearing is requested or written objections are submitted to the application by a political subdivision, an agency, or five (5) or more persons affected by the application. At such hearing, any person may present oral or written comments on the application. Not later than sixty (60) days from the receipt of a complete application, the commission shall publish notice of the time period in which written objections to any application must be filed. The hearing must be held within twenty (20) days after the time period in which objections are required to be filed ends, unless a later date for the hearing is agreed to by all parties. Notice of the date on or before which objections must be filed shall be published once a week for at least three (3) consecutive weeks in at least one (1) newspaper of general circulation in the county in which the affected wetlands are located. The last publication of such notice shall be made not more than seven (7) days prior to such date. The published notice shall describe the site of the proposed activity and shall give a general description of the proposed regulated activity. Further, notice shall be given describing the date, time and place for the hearing by United States mail, postage prepaid, to each of the objectors and to the applicant at the address furnished to the commission by the parties, and by causing a copy of such notice to be published at least one time in one (1) newspaper having a general circulation in the county in which the affected wetlands are located. An applicant shall pay the publication fees and the costs of providing notice to the public.

Miss. Code Ann. § 49-27-17 Application; notice to parties prior to date set for hearing; effect of failure to comply with section.

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: All of those parties who are entitled to receive a copy of such application in accordance with Section 47-27-13 of this chapter; and All known present owners of record of adjacent land as reflected by current tax assessment rolls and all known claimants to water or riparian rights in or adjacent to the coastal wetlands affected.

Miss. Code Ann. § 49-27-19 Application; appearance at hearing by person filing objection; applicant’s burden of proof and right to hearing.

Any person who files a written objection pursuant to Section 49-27-15 may appear at the public hearing and be heard. 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 applicant a right to a hearing according to the provisions of this chapter.

Miss. Code Ann. § 49-27-21 Public inspection of evidence, applications and related documents; record and transcription of oral testimony.

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.

Miss. Code Ann. § 49-27-23 Commission authorized to grant, issue, reissue, modify, deny, suspend, revoke, limit, or condition permits; expressed public policy to be considered in connection with permits; acquisition of permits; resolution of conflicts.

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 expressed in Section 49-27-3 of this chapter. A permittee under this chapter must obtain a permit from the Mississippi Commission on Environmental Quality if required by that commission under Sections 49-17-29 through 49-17-43, and nothing in this chapter is intended to waive the requirements and standards of such commission. A Mississippi Commission on Environmental Quality permit granted to an applicant under this chapter shall be proof of the applicant’s meeting any water quality standard considered by the commission under this chapter. Any conflict under this chapter between the commission and the Commission on Environmental Quality shall be resolved in favor of the Commission on Environmental Quality. The commission may undertake studies regarding water quality and submit the results of such studies to the Commission on Environmental Quality.

Miss. Code Ann. § 49-27-25 Repealed.

Repealed by Laws of 1989, ch. 331, § 2, eff from and after July 1, 1989. [En Laws, 1973, ch. 385, § 6(b)]

Miss. Code Ann. § 49-27-27 Permits to dredge new channels; considerations and restrictions.

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 use projected for the channel, as well as the ecological, economic, commercial, recreational and aesthetic value of the wetlands affected. The commission shall, where practical, require applicants to use existing channels, so as to reduce the coastal wetlands affected.

Miss. Code Ann. § 49-27-29 Conditions or limitations may be imposed on grant or modification of permit.

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 permits issued to a governmental entity shall be valid for not more than ten (10) years. The commission may issue one (1) extension not to exceed two (2) years in length if the applicant requests it in writing before the expiration date of the permit.

Miss. Code Ann. § 49-27-31 Performance bond may be required.

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.

Miss. Code Ann. § 49-27-33 Suspension or revocation of permit after notice and hearing.

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 one or more of the conditions or limitations set forth in the permit or has exceeded the scope of the activities as set forth in the application.

Miss. Code Ann. § 49-27-35 Findings, reasons and descriptions to be recorded by council.

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. When a permit or modification is denied, the commission shall describe the public interest which would be adversely affected by granting or modifying the permit.

Miss. Code Ann. § 49-27-37 Copy of order in issuance, denial, revocation or suspension of permit to be sent to parties; time; extensions.

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 an amendment to the application as provided by Section 49-27-11(2), in the case of granting or denying or thirty (30) days from the date of the hearing in the case of suspension or revocation, unless an extension is requested as provided in subsection (2) and approved by the commission. An applicant may request, in writing, additional extensions up to ninety (90) days for the processing of an application.

Miss. Code Ann. § 49-27-39 Appeal to chancery court; when council’s order to be confirmed.

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 who has filed written protest or objection as specified in Sections 49-27-9 through 49-27-21, within thirty (30) days after the mailing to the parties of the order of issuance, denial, suspension or revocation of any such permit, to the chancery court of any county having jurisdiction over the property which may be affected by any such proposed activity to be authorized by such permit. If the court finds that the order appealed from is supported by substantial evidence, consistent with the public policy set forth in this chapter, is not arbitrary or capricious and does not violate constitutional rights, it shall affirm the council’s order.

Miss. Code Ann. § 49-27-41 Appeal to chancery court; complaint; return date; cost bond; record; appeal with supersedeas.

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 designated under subsection (a) of Section 49-27-39. Such appeals shall be brought to the next return day of the court after the filing of such appeal or may be returned to a day set by fiat of the court. A cost bond must be posted with sufficient sureties payable to the state in the sum of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), to be fixed in the order appealed from and to be filed with and approved by the executive director of the commission, who shall forthwith certify the same, together with a certified copy of the transcription record of the proceedings in the matter to the chancery court to which the appeal is taken, which shall thereupon become the record of the cause. An appeal to the chancery court as provided herein shall not stay the execution of an order of the commission. Any party aggrieved by an order of the commission may petition the chancery court for an appeal with supersedeas and the chancellor shall grant a hearing on the petition, and upon good cause shown may grant the appeal with supersedeas in which case the appellant shall be required to post a bond with sufficient sureties according to law in an amount to be determined by the chancellor.

Miss. Code Ann. § 49-27-43 Appeal to chancery court; service upon commission; certification of record.

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 chancery court the record in the case, which record shall include a transcript of all testimony, all objections, all exhibits or copies thereof, all pleadings, proceedings, orders, findings and opinions entered in the case; provided, however, that the parties and the commission may stipulate that only a specified portion of the record shall be certified to the court as the record on appeal.

Miss. Code Ann. § 49-27-45 Appeal to chancery court; when case to be referred back to commission.

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 such evidence as it may direct and report the same to the court with the commission’s findings of fact and conclusions of law.

Miss. Code Ann. § 49-27-47 Appeal to chancery court; precedence; powers of chancellor.

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.

Miss. Code Ann. § 49-27-49 Appeal to Supreme Court.

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 without additional bond if, in his judgment, material damage is not likely to result thereby, but otherwise he shall require such supersedeas bond as he deems proper which shall be liable to the state or applicant for such damage.

Miss. Code Ann. § 49-27-51 After-the-fact authorization for work upon proper application; civil and criminal actions; who may initiate.

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 authorization for the work. For conducting the work without first obtaining a current and valid permit and other violations of this chapter, the commission may order and levy a penalty of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) per day for each day the violation has existed for residential type regulated activity and a penalty of not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00) per day for each day the violation has existed for commercial and industrial type regulated activity. If the person continues the violation, the Attorney General of the State of Mississippi at the request of the commission, a district attorney having jurisdiction, or a county attorney having jurisdiction may initiate the civil or criminal actions, or both civil and criminal actions, as described in this chapter against the person. The Attorney General, commission, district attorney or county attorney may initiate action to enjoin any person in violation of this chapter.

Miss. Code Ann. § 49-27-53 Jurisdiction and venue for judicial actions.

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.

Miss. Code Ann. § 49-27-55 Civil liability of violators; restoration; punitive damages; mandatory injunction; jurisdiction of circuit or county court; remedies preserved.

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 State of Mississippi for the restoration of all affected coastal wetlands to their condition prior to such violation, insofar as such restoration is possible, and for any and all damages to the wetlands. The appropriate chancery court by writ of mandatory injunction shall allow a reasonable time for completion of the restoration and may, in its discretion, order as punitive damages a sum not to exceed Five Hundred Dollars ($500.00) per day for each day such violation has existed. The chancery court may further order as punitive damages a sum not to exceed Five Hundred Dollars ($500.00) per day for each day that the violation exists beyond the date set by the court in its injunction for the restoration of the wetland. If injunctive relief is not sought, the appropriate circuit or county court shall have jurisdiction over any action for damages and/or punitive damages as set forth in this paragraph. Nothing in this chapter shall preclude other statutory or common law remedies by public or private parties against violators or nonviolators of this chapter.

Miss. Code Ann. § 49-27-57 Fines and penalties.

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) days, or both. In the case of continuing violations, each day shall constitute a separate charge; however, separate violations under this chapter need not be severed for trial when an identity of parties and location exists. It shall be a misdemeanor to materially harm or disturb scientific devices and recording instruments left in coastal wetlands by authorized agencies of the state or federal government, and a violation of this subsection shall be punishable by a fine of not more than Five Hundred Dollars ($500.00) or imprisonment of not more than thirty (30) days or both.

Miss. Code Ann. § 49-27-59 Rules and regulations.

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 general circulation throughout the State of Mississippi. Such rules and regulations shall provide procedure whereby an individual or organization may receive at their own expense copies of the applications provided for in Section 49-27-13 of this chapter.

Miss. Code Ann. § 49-27-61 Charges for materials removed under permit; alternative for dredge material disposal.

The commission shall charge Fifty Cents (50¢) per cubic yard for any sand or gravel removed from wetlands and Twenty-five Cents (25¢) per cubic yard for any other materials removed from coastal wetlands by a permittee or his agent under the terms of any permit issued. There shall be no charge levied by the commission for the removal of one hundred (100) cubic yards or less of any material removed from wetlands by a permittee or his agent under the terms of any permit issued. The commission may waive these charges on any project of a governmental agency or any project wherein expenditures are made as the result of a governmental grant or governmental bond proceeds. Any party participating in the beneficial use of dredge materials programs under subsection (2) shall be exempt from these charges. The department shall require any party permitted to conduct dredging activities of over two thousand five hundred (2,500) cubic yards to participate in the department programs involving beneficial use of dredge materials, provided the material is suitable and a beneficial use site is available. If approved by the executive director, or his designee, a party may deposit acceptable dredge materials in a designated location for a fee not to exceed fifty percent (50%) of the fair market cost to transport and dispose of the material in an approved upland site.The department shall consider in-kind services for offsetting depositional charges.

Miss. Code Ann. § 49-27-63 Inspections.

The commission shall, from time to time, inspect the coastal wetlands to determine whether violations have been or are being committed. The commission or any authorized employee of the Department of Marine Resources may enter at reasonable times upon any private or public property in the performance of duty to enforce the Coastal Wetlands Protection Act.

Miss. Code Ann. § 49-27-65 Evaluation of coastal wetlands; charts; education of public; overall use plan.

To implement the policy set forth in the chapter and to assist in the protection of coastal wetlands, the commission acting with the cooperation and assistance of the Gulf Regional Planning Commission and the Gulf Coast Research Laboratory shall evaluate the coastal wetlands and prepare charts at an appropriate scale showing the distribution of coastal wetlands as defined in this chapter. These charts will be provided to the offices of the chancery clerk of affected counties and to the Gulf Regional Planning Commission. The charts will be updated and reissued periodically as needed to provide a current inventory of coastal wetlands. The commission shall promote the education of the public about scientific and economic knowledge concerning coastal wetlands. In recognition of the national policy expressed in the Coastal Zone Management Act of 1972, Public Law 92-583, the commission is directed to include an overall plan for use of coastal and private wetlands in the Mississippi Coastal Zone Management Plan being prepared by the commission. The commission is further directed to identify and include in such plan specific coastal and private wetlands which should be set aside as estuarine sanctuaries.

Miss. Code Ann. § 49-27-67 Exclusion from assessment for ad valorem taxes.

Any coastal wetlands now assessed for ad valorem taxes against the abutting landowner shall be excluded from the assessment of the said landowner’s property upon proper application being made as otherwise provided by law.

Miss. Code Ann. § 49-27-69 Disposition of fees and other sums.

All fees and other sums received by the commission pursuant to this chapter shall be deposited to the credit of the “Seafood Fund”.

Miss. Code Ann. § 49-27-71 Derelict vessel defined; jurisdiction; standing; notice; derelict vessel removal; emergency removal; cost recovery; court process; department authorities.

Definitions.As used in the section, unless the context clearly indicates otherwise: “Derelict” means (i) grounded; (ii) allowed to remain in an unseaworthy or dilapidated condition; or (iii) submerged or in immediate danger of sinking. A ship submerged for one hundred (100) years or more is not derelict. “Vessel” means vessels and, for purposes of this section, also includes floatable buildings and structures, whether or not they are used for navigation. Jurisdiction.In the waters of Harrison, Hancock and Jackson Counties, a person must not leave derelict any vessel on the coastal wetlands, marine waters, or on public or privately owned lands without the owner’s permission. Standing.Only a party with standing may initiate the derelict vessel procedures in this section. For purpose of this section, the following parties have standing: The owner of the property where the vessel came to rest or to which the vessel was made fast; Any harbormaster, police department, municipality or agent of the state that agrees to accept or process a derelict vessel; or Any professional marine salvager when the salvager is engaged by a person with standing. Notice.Any party with standing may initiate the notice process by filing an application to remove the derelict vessel with the department. Upon receipt of the application, and review, the department may initiate the following notice process: A department officer will post notice on the vessel in a prominent location so as to be visible to an approaching person, requiring the vessel to be removed within seven (7) days of the notice. The notice must include a space for the owner of the vessel to respond. If the owner responds with a signature in the space or written response to the department requesting an extension of time, then the owner will have an additional five (5) days to remove the vessel. The department must attempt to contact the owner of the vessel and any lien holders of record by other available means. The owner is presumed to be the person to whom the vessel is registered. Derelict vessel removal.(a) After the initial notice period described in subsection (4) has lapsed, the derelict vessel may be removed by the department or the party with standing. Emergency removal.Any derelict vessel within any designated navigation channel or within one hundred (100) yards of the boundaries of any state, county or municipal port may be declared a hazard to navigation and subject to immediate removal and disposal by the department. Any derelict vessel that is leaking any hazardous substances, chemicals or fuels may be declared an environmental hazard and subject to immediate removal and disposal by the department. The owners of a vessel removed in accordance with this subsection are liable for the costs associated with the salvage and disposal of the vessel and any damages to the flora and fauna within the affected area. The department is not liable for damages resulting from relocation or removal unless the damage results from gross negligence or willful misconduct. Cost recovery.(a) Any party with standing may seek full cost recovery from the owner of the derelict vessel for any expense incurred as a result of, or incidental to, removing the vessel. The owner of the vessel is liable for the costs of removal, storage and restoration of affected lands. If ownership of the vessel transfers under subsection (5)(c), then the original owner is liable for double the costs of removal, storage, restoration of affected lands, attorneys’ fees, and all costs of court. Court process.(a) The chancery court of the county in which the vessel is located has jurisdiction over all matters concerning derelict vessels under this section, including injunctions and demands for damages. Department authorities.(a) The department is authorized to enter into contracts with individuals, firms and corporations for the removal of vessels. The salvage value, if any, of the vessel may be used to offset the costs of the removal of the vessel and the restoration of the affected area. The department may enter into noncompetitive contracts or agreements with any state or federal entity for the removal of vessels. Prior to disposition of the vessel, the department or the party with standing must inquire of the Department of Wildlife, Fisheries and Parks as to the status of the vessel in regard to the Mississippi Boating Law of 1960, Section 59-21-1 et seq. The inquiry must provide the description of the vessel, including the vessel registration number. Upon request of the Department of Wildlife, Fisheries and Parks, satisfactory evidence must be furnished as to dereliction in compliance with this section. The Department of Wildlife, Fisheries and Parks will advise the inquirer of proper registration procedures, where indicated, depending on the method of disposition of the vessel. On registration, title to the derelict vessel vests with the person or governmental agency that registered it. No liabilities incurred by the vessel or the vessel owner transfer along with the title. Any vessel transferred under this subsection may be disposed of without additional notice to the original owner of the vessel. Any value retrieved from the sale or disposal of the vessel offsets the costs of removal and storage attributed to the original owner. Any person who acts in good faith and without malicious intent in the processing, storage or movement of any derelict vessel pursuant to this section is immune from civil liability for damage to the vessel. The owner of the vessel is also liable for a fine of Five Hundred Dollars ($500.00) per day. However, no fine will be charged if the vessel is reclaimed by the owner and all expenses paid before the title transfers under this section. The chancery court may, in its discretion, order damages up to Five Hundred Dollars ($500.00) per day for every day the vessel was left abandoned or derelict, beginning on the day of the first posting of notice. If the vessel was removed prior to the title transferring under subsection (5), then no such damages will be assessed. The vessel owner is liable for reasonable attorneys’ fees and all costs of court. If a party with standing desires to require the owner to remove the vessel, then he may apply to the chancery court for a writ of mandatory injunction ordering the owner to remove the vessel. The chancery court must allow a reasonable time for removal and restoration of the affected lands. The chancery court may order further damages not to exceed Five Hundred Dollars ($500.00) per day for each day that the violation exists beyond the date set by the court in an injunction for the removal of the vessel and restoration of the affected lands. Any court-ordered reimbursed costs or damages in excess of the actual costs of removal and restoration must be deposited in a special fund in the State Treasury known as the “Derelict Vessel Fund” administered by the department. Any funds deposited in the fund must be used to cover the administrative costs and removal costs incurred by the department for the removal of vessels. Any remaining funds must be used to cover the costs of removing additional derelict vessels. The Commission on Marine Resources shall adopt rules and regulations necessary and appropriate to carry out this section. The commission may also enter into interstate or intrastate efforts toward this end, and may seek and utilize aid from all federal, state, and local sources in this endeavor. The State of Mississippi, the Commission on Marine Resources, the department, and their employees and representatives shall not be liable for any damages resulting from the removal, sale or disposal of any vessel declared derelict or hazardous under this section.