Senate Bill 2622

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTION 55-13-35, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CERTAIN HEIGHT RESTRICTIONS ON BUILDINGS AND OTHER STRUCTURES ADJACENT TO THE NATCHEZ TRACE PARKWAY SHALL NOT APPLY TO ANY BUILDING IN EXISTENCE ON JULY 1, 2003; TO DELETE THE PROVISIONS THAT EXEMPT FROM SUCH HEIGHT RESTRICTIONS CERTAIN BUILDINGS AND STRUCTURES FOR WHICH A BUILDING PERMIT WAS ISSUED BEFORE JULY 1, 1988, WHICH WERE IN EXISTENCE ON JULY 1, 1988, OR WHICH WERE CONSTRUCTED OR UNDER CONSTRUCTION BEFORE JULY 1, 2002; TO PROVIDE THAT THE MISSISSIPPI TRANSPORTATION COMMISSION SHALL ENFORCE SUCH RESTRICTIONS UPON THE REQUEST OF THE NATCHEZ TRACE PARKWAY SERVICE; TO AMEND SECTION 17-1-3, MISSISSIPPI CODE OF 1972, TO REQUIRE CITIES AND COUNTIES TO NOTIFY THE NATCHEZ TRACE PARKWAY SERVICE IF A PERMIT IS ISSUED FOR THE CONSTRUCTION OF A BUILDING WITHIN THE PROHIBITION PROVIDED IN SECTION 55-13-35, MISSISSIPPI CODE OF 1972; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 55-13-35, Mississippi Code of 1972, is amended as follows:

55-13-35. (1) It is unlawful to construct or erect a building, advertising structure or other structure, of more than three (3) stories or thirty-five (35) feet in height, whichever is lesser, within one thousand (1,000) feet of the outside boundary of the Natchez Trace Parkway. Such restrictions on buildings and structures shall apply notwithstanding that such area is located inside or outside a municipality and notwithstanding any other provisions of law to the contrary.

(2) * * * This section shall not apply to any building in existence on July 1, 2004.

(3) Upon the request of the Natchez Trace Parkway Service, the Mississippi Transportation Commission shall take appropriate action to enforce the restrictions and prohibitions in this section.

* * *

SECTION 2. Section 17-1-3, Mississippi Code of 1972, is amended as follows:

17-1-3. (1) Except as otherwise provided in Article VII of the Chickasaw Trail Economic Development Compact described in Section 57-36-1, for the purpose of promoting health, safety, morals, or the general welfare of the community, the governing authority of any municipality, and, with respect to the unincorporated part of any county, the governing authority of any county, in its discretion, are empowered to regulate the height, number of stories and size of building and other structures, the percentage of lot that may be occupied, the size of the yards, courts and other open spaces, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes, but no permits shall be required with reference to land used for agricultural purposes, including forestry activities as defined in Section 95-3-29(2)(c), or for the erection, maintenance, repair or extension of farm buildings or farm structures, including forestry buildings and structures, outside the corporate limits of municipalities. The governing authority of each county and municipality may create playgrounds and public parks, and for these purposes, each of such governing authorities shall possess the power, where requisite, of eminent domain and the right to apply public money thereto, and may issue bonds therefor as otherwise permitted by law.

(2) The governing authority of any municipality and the governing authority of any county shall notify the Natchez Trace Parkway Service if a permit is issued for the construction of a building within one thousand (1,000) feet of the outside boundary of the Natchez Trace Parkway.

SECTION 3. This act shall take effect and be in force from and after July 1, 2004.