MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Conservation and Water Resources

By: Representative Ellington

AN ACT TO AMEND SECTION 49-27-9, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE COMMISSION ON MARINE RESOURCES FROM ISSUING A PERMIT TO DEVELOP PROPERTY ON PROTECTED WETLANDS, WITHOUT WRITTEN APPROVAL OF THE PROPOSED SEPTIC SYSTEM PLANS AND/OR SEWERAGE CONNECTIONS FROM THE DEPARTMENT OF HEALTH; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 49-27-9, Mississippi Code of 1972, is amended as follows:

49-27-9. 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. No permit to build or develop property for commercial or residential use on wetlands protected by this chapter shall be issued by the commission without written approval from the Department of Health affirming that the proposed septic system plans and/or sewerage connections to be placed on the property are adequate to protect the wetlands.

SECTION 2. This act shall take effect and be in force from and after its passage.