MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Local and Private

By: Senator(s) Cuevas (By Request)

AN ACT TO AUTHORIZE THE BOARD OF SUPERVISORS OF HANCOCK COUNTY TO DESIGNATE A WATERFRONT ECONOMIC DEVELOPMENT AREA; TO DECLARE THAT THE USE OF SUCH AREA FOR WATERFRONT ECONOMIC DEVELOPMENT WOULD SERVE A HIGHER PUBLIC INTEREST CONSISTENT WITH SECTION 49-27-3, MISSISSIPPI CODE OF 1972 AND THE USE OF PUBLIC TRUST TIDELANDS; TO DECLARE THAT CERTAIN USES ARE ALLOWABLE IN THE AREA DESIGNATED IN ADDITION TO THE COASTAL WETLANDS USE PLAN; TO PROVIDE FOR FOSTERING THE ECONOMIC DEVELOPMENT IN AND ADJACENT TO THE AREA; AND FOR RELATED PURPOSES.

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

SECTION 1. The Board of Supervisors of Hancock County may designate all or part of the following area of tidelands belonging to the State of Mississippi as a waterfront economic development area; an area extending seventy hundred fifty (750) yards from he shoreline along South Beach Boulevard between Sand Bayou and Bayou Caddy, and within three thousand (3,000) feet of the intersection of Lakeshore Road and South Beach Boulevard.

SECTION 2. It is hereby declared that the use of any area designated under Section 1 for waterfront economic development will serve a higher public interest in accordance with the purposes of this act and with the public policy of the state as set forth in Section 49-27-3, Mississippi Code of 1972, and the public trust doctrine.

SECTION 3. In addition to those uses currently authorized by the Coastal Wetlands Use Plan in Section 2, Part IV of Chapter 8 of the Mississippi Coastal Program promulgated by the Mississippi Commission on Marine Resources, the following shall be allowable uses in any area designate under Section 1; commercial fishing and recreational marinas; ice plants; boat repair facilities for commercial fishing and recreational use; cruise vessels as defined in Section 27-109-1, Mississippi Code of 1972; the construction of piers, docks, dolphins, bulkheads, wharfs, launching ramps, hoists or cranes, other similar structures necessary for the uses described above; as well as dredging and filling necessary to accommodate those uses. The additional uses described above shall become allowable in the waterfront economic development area upon delivery to the Mississippi Commission on Marine Resources of a certified copy of the resolution or order by which the Board of Supervisors of Hancock County designates such an area.

SECTION 4. To foster economic development in and adjacent to the designated waterfront economic development area, the Hancock County Board of Supervisors, acting directly or through any public agency in the county, may formulate or contract for planning and feasibility studies, may encourage and solicit proposals for developments, may apply for and receive grants from state and federal sources for planning and construction activities to promote the economic development of the area, and may expend funds as otherwise provided by law in support of such activities.

SECTION 5. Notwithstanding any provisions of law to the contrary, the Hancock County Board of Supervisors, or any private person may apply for an secure leases from the Secretary of State in any area designated under Section 1, in accordance with the procedures and terms established by the Secretary of State for tidelands leases.

SECTION 6. Utilization of any tidelands in the area designated under Section 1 shall be in such a manner so as not to obstruct any existing navigation channel. Title to the tidelands shall remain vested in the State of Mississippi.

SECTION 7. This act shall take effect and be in force from and after its passage.