House Bill 1618

AN ACT TO AMEND SECTION 49-27-9, MISSISSIPPI CODE OF 1972, TO REVISE APPLICATION FEES FOR A COASTAL WETLANDS PERMIT; 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 changed without a permit unless excluded in Section 49-27-7. Any person proposing to directly or indirectly change 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 of the following fees:

(a) Fifty Dollars ($50.00) for 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.

(b) Three Hundred Dollars ($300.00) for a private, single family construction project with a combined impact/shaded area exceeding fifteen hundred (1500) square feet.

(c) Five Hundred Dollars ($500.00) for projects associated with a commercial or industrial operation with a combined impact/shaded area not exceeding fifteen hundred (1500) square feet.

(d) One Thousand Dollars ($1,000.00) for 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.

(e) Five Thousand Dollars ($5,000.00) plus costs of a court reporter required for a public or an evidentiary hearing specific to the project for projects associated with a commercial or industrial operation with a combined impact/shaded area exceeding one (1) acre of impact to state waterbottoms, coastal wetlands or adjacent wetlands or any proposed off-shore petroleum exploration or development. 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 for any individual who seeks, without impact to coastal wetlands, 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%).

SECTION 2. This act shall take effect and be in force from and after July 1, 2004.