MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Local and Private

By: Senator(s) Boyd, Jackson (11th)

Senate Bill 3089

AN ACT TO EXEMPT CERTAIN TRACTS OF LAND IN PANOLA COUNTY, MISSISSIPPI, FROM THE REQUIREMENTS OF THE MISSISSIPPI INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEM LAW CONTAINED IN SECTIONS 41-67-5 THROUGH 41-67-7, MISSISSIPPI CODE OF 1972, PROVIDED THE TRACTS ARE AT LEAST 1-1/2 ACRES AND MEET CERTAIN OTHER CONDITIONS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  A tract of land located in Panola County, Mississippi, may be exempt from the requirements of the Mississippi Individual On-Site Wastewater Disposal System Law contained in Sections 41-67-5 through 41-67-7, Mississippi Code of 1972, if the tract is at least one and one-half (1-1/2) acres, and the following conditions are met:

          (a)  All wastewater is contained on the tract;

          (b)  No watercourse, as defined in Section 51-3-3(h), Mississippi Code of 1972, of the state or of the United States is affected by the exemption; and

          (c)  The tract meets all county ordinances, including, but not limited to, those concerning flood plains, setbacks, easements, E-911 address, International Residential Code, manufactured home MH-5 regulations, land development standards, land use regulations and a functioning wastewater system;

     (2)  An exemption under this section shall not require fees paid to, or affidavits or documents obtained from, the Mississippi Department of Health.

     (3)  When the landowner of the tract in question meets the conditions in this section, the Panola County Land Development Office shall issue a certificate of occupancy, which shall act as a permanent authorization for the acquisition of all permanent public utility connections, including, but not limited to, those available through any public or private water associations.

     (4)  Nothing in this section shall preclude utility providers from requiring the landowner to pay associated membership fees and related costs.

     SECTION 2.  This act shall take effect and be in force from and after its passage.