2005 Regular Session
To: Ports and Marine Resources
By: Senator(s) Gollott
AN ACT TO AMEND SECTION 49-27-23, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT THE COMMISSION ON MARINE RESOURCES MAY MODIFY PERMITS; TO AMEND SECTIONS 49-27-29 AND 49-27-35, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 49-27-23, Mississippi Code of 1972, is amended as follows:
49-27-23. The commission may grant, issue, reissue, modify, deny, suspend or revoke permits and may prescribe limitations and conditions on permits. When taking such action on any permit, the commission shall consider the effect of the proposed activity with reference to the public policy expressed in Section 49-27-3 of this chapter. A permittee under this chapter must obtain a permit from the Mississippi Commission on Environmental Quality if required by that commission under Sections 49-17-29 through 49-17-43, and nothing in this chapter is intended to waive the requirements and standards of such commission. A Mississippi Commission on Environmental Quality permit granted to an applicant under this chapter shall be proof of the applicant's meeting any water quality standard considered by the commission under this chapter. Any conflict under this chapter between the commission * * * and the Commission on Environmental Quality shall be resolved in favor of the Commission on Environmental Quality. The commission may undertake studies regarding water quality and submit the results of such studies to the Commission on Environmental Quality.
SECTION 2. Section 49-27-29, Mississippi Code of 1972, is amended as follows:
49-27-29. In granting or modifying any permit, the commission may impose conditions or limitations on the proposed activity designed to carry out the public policy set forth in this chapter. Upon the expiration of a coastal wetlands permit issued under this chapter, the commission may extend the permit in time.
SECTION 3. Section 49-27-35, Mississippi Code of 1972, is amended as follows:
49-27-35. The commission shall state, upon its record, its findings and reasons for all actions taken pursuant to Sections 49-27-23 through 49-27-37. When a permit is granted or modified, the commission shall describe the public interest to be served by granting or modifying the permit. When a permit or modification is denied, the commission shall describe the public interest which would be adversely affected by granting or modifying the permit.
SECTION 4. This act shall take effect and be in force from and after its passage.