MISSISSIPPI LEGISLATURE

2005 Regular Session

To: Marine Resources

By: Representative Frierson, Read

House Bill 667

(As Passed the House)

AN ACT TO AMEND SECTION 49-27-9, MISSISSIPPI CODE OF 1972, TO REVISE THE PROCESS TO FILE AN APPLICATION PERMIT FOR CERTAIN ACTIVITIES ON COASTAL WETLANDS; 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 any coastal wetlands or adjacent waters as identified in the coastal wetlands map established by Section 49-27-65 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.

     (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.