House Bill 662

AN ACT TO AMEND SECTION 49-27-61, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DEPARTMENT OF MARINE RESOURCES MAY ALLOW ANY PARTIES PERMITTED TO CONDUCT DREDGING ACTIVITIES TO BECOME INVOLVED IN BENEFICIAL USE OF DREDGE MATERIALS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 49-27-61, Mississippi Code of 1972, is amended as follows:

49-27-61. (1) The commission shall charge Fifty Cents (50¢) per cubic yard for any sand or gravel removed from wetlands and Twenty-five Cents (25¢) per cubic yard for any other materials removed from coastal wetlands by a permittee or his agent under the terms of any permit issued. There shall be no charge levied by the commission for the removal of one hundred (100) cubic yards or less of any material removed from wetlands by a permittee or his agent under the terms of any permit issued. The commission shall waive the herein specified charges within this subsection on any project of a governmental agency or any project wherein expenditures are made as the result of a governmental grant or governmental bond proceeds.

(2) The department may allow any parties permitted to conduct dredging activities to participate in the Department of Marine Resources programs involving beneficial use of dredge materials. Said parties may, upon approval by the executive director of the department or his designee, apply for approval to deposit acceptable dredge materials into a designated location for a fee not to exceed fifty percent (50%) of the fair market cost to transport and dispose of the material in an approved upland site. In-kind services shall be considered for offsetting deposition charges. Any party participating in the beneficial use programs shall be exempt from the charges provided in subsection (1) of this section.

SECTION 2. This act shall take effect and be in force from and after July 1, 2005.