MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Conservation and Water Resources; Appropriations

By: Representative Ellington

AN ACT TO PROVIDE FOR THE CREATION OF A CHANNEL MAINTENANCE AND BEACH NOURISHMENT PROGRAM; TO EXPRESS THE FINDINGS OF THE LEGISLATURE; TO REQUIRE THE DEVELOPMENT OF A CHANNEL MAINTENANCE AND BEACH NOURISHMENT PLAN BY THE DEPARTMENT OF MARINE RESOURCES; TO REQUIRE THE DEPARTMENT OF MARINE RESOURCES TO IDENTIFY AND PURSUE FEDERAL FUNDING ALTERNATIVES; AND FOR RELATED PURPOSES.

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

SECTION 1. This act shall be known and may be cited as the "Channel Maintenance and Beach Nourishment Act."

SECTION 2. The Legislature finds that coastal erosion poses a threat to the economy, property and general welfare of the people of the State of Mississippi. Channel maintenance is necessary to preserve and enhance the economic stability and recreational potential of the coastal region. The Legislature declares it to be a governmental responsibility to manage and protect Mississippi's beaches by reducing the effects of coastal erosion and to provide for proper channel maintenance. The Legislature further declares that channel maintenance and beach nourishment projects are in the public interest. Those projects should be funded to promote the use of cost-efficient strategies, encourage coordination among federal, state and local governments and the private sector, provide for long-term solutions and minimize the impact of the environment to the extent possible.

SECTION 3. (1) The Department of Marine Resources, referred to in this act as "department," shall serve as the primary state agency with regard to coordinating channel maintenance and beach nourishment activities along the Mississippi Gulf Coast.

(2) The department shall develop a comprehensive long-range management plan for the preservation and nourishment of Mississippi's beaches and for channel maintenance activities. The plan shall at a minimum:

(a) Identify areas in which coastal erosion is threatening the state's beaches and areas where channels are in need of maintenance;

(b) Identify the causes of coastal erosion, estimate erosion rates, and project the long-term erosion potential for identified beaches;

(c) Evaluate the impacts of near-shore development on coastal erosion and channel maintenance needs;

(d) Assess the short-term and long-term economic costs and benefits of the state's beaches and channels;

(e) Recommend appropriate management measures for the beaches threatened by coastal erosion, including beach nourishment projects;

(f) Promote channel sand by-passing to replicate the natural flow of sand; and

(g) Recommend channel maintenance and beach nourishment projects to the Legislature for funding which ensures the geographic coordination and sequencing of prioritized projects.

SECTION 4. (1) The department shall identify federal funding mechanisms which could be used to fund projects regarding channel maintenance and beach nourishment. The department shall coordinate with local governments and other interest groups to maximize the eligibility of projects for funding and to assist in the preparation of appropriate financial assistance documentation.

(2) The department may apply for, receive and expend federal, state, local and any other public or private funds for channel maintenance and beach nourishment.

SECTION 5. This act shall take effect and be in force from and after July 1, 2000.