MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Transportation

By: Representative Compretta

AN ACT TO AMEND SECTION 65-1-51, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE MISSISSIPPI TRANSPORTATION COMMISSION TO ACQUIRE BY GIFT, PURCHASE OR OTHERWISE, WETLANDS CREDITS FROM AN APPROVED ORGANIZATION WITH A PLAN ESTABLISHING A WETLAND MITIGATION BANK; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 65-1-51, Mississippi Code of 1972, is amended as follows:

65-1-51. The Mississippi Transportation Commission may acquire by gift, purchase or otherwise, and may have the Mississippi Department of Transportation improve and maintain strips of land necessary for the restoration, preservation and enhancement of scenic beauty adjacent to the state highway rights-of-way. The commission may acquire and have the Transportation Department develop publicly owned and controlled rest and recreation areas and sanitary and other facilities within or adjacent to the highway right-of-way reasonably necessary to accommodate the traveling public.

The Mississippi Transportation Commission, in its discretion, may acquire by gift, purchase or otherwise, including the exercise of eminent domain, public or privately owned wetlands and other lands suitable for creation as wetlands for the purpose of mitigating wetland losses and replacing those wetlands purchased and damaged or eliminated by development and use, on a basis not to exceed that required by the Federal Highway Administration as a condition for receiving federal aid funds, provided that some governmental agency or approved organization agrees, without compensation, to accept title to the lands acquired and maintain such lands as wetlands in perpetuity. However, the commission shall replace those coastal wetlands purchased and damaged or eliminated by development and use on the basis required by the "Coastal Wetlands Protection Law" and regulations promulgated thereunder by the Mississippi Commission on Marine Resources.

The Mississippi Transportation Commission, in its discretion, may acquire by gift, purchase or otherwise, wetlands credits from an approved organization with a plan establishing a wetland mitigation bank. The commission shall, if possible, acquire credits on wetlands within the State of Mississippi before acquiring credits on wetlands located outside the State of Mississippi.

SECTION 2. This act shall take effect and be in force from and after July 1, 2000.