MISSISSIPPI LEGISLATURE

2005 Regular Session

To: Marine Resources

By: Representative Frierson, Read

House Bill 667

AN ACT TO AMEND SECTION 49-27-9, MISSISSIPPI CODE OF 1972, TO REVISE THE TYPES OF FEES CHARGED BY THE COMMISSION ON MARINE RESOURCES; 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.  (1)  No * * * coastal wetlands shall be altered without a permit unless excluded in Section 49-27-7.  Any person proposing to alter, directly or indirectly, any coastal wetlands or adjacent waters shall file an application for a permit with the commission in such form and with such information as the commission may prescribe.  Applicants shall submit one (1) of the following fees:

(a)  Private, single family construction project for recreational access or shoreline alterations with a combined impact/shaded area not exceeding fifteen hundred (1500) square feet................................... $   50.00;

(b)  Private, single family construction project with a combined impact/shaded area exceeding fifteen hundred (1500) square feet$  300.00;

(c)  Projects associated with a commercial or industrial operation with a combined impact/shaded area not exceeding fifteen hundred (1500) square feet$  500.00;

(d)  Projects associated with a commercial or industrial operation with a combined impact/shaded area exceeding fifteen hundred (1500) square feet and not exceeding one (1) acre

..................................................... $1,000.00;

(e)  Projects associated with a commercial or industrial operation with a combined impact/shaded area exceeding one (1) acre of impacts to state water bottoms, coastal wetlands or adjacent wetlands, or any proposed off-shore petroleum exploration or development, including costs of court reporter required for public or evidentiary hearing specific to the project...................... $5,000.00.

The appropriate fee shall be submitted along with the application and made payable to the Department of Marine Resources.  No permit shall be required under this chapter of any individual who seeks to construct, without impacts to coastal wetlands, a home, fishing camp or similar structure on his own property.

     (2)  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%).

     (3)  The commission shall waive the herein specified application fee charges of any project of a federal, state or local governmental entity.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2005.