Senate Bill 2709

(As Passed the Senate)

AN ACT TO AMEND SECTION 17-1-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT MUNICIPAL AND COUNTY ORDINANCES INVOLVING THE PLACEMENT, SCREENING OR HEIGHT OF AMATEUR RADIO ANTENNA STRUCTURES SHALL REASONABLY ACCOMMODATE AMATEUR COMMUNICATIONS AND SHALL CONSTITUTE THE MINIMUM PRACTICABLE REGULATION TO ACCOMPLISH THE LEGITIMATE PURPOSES OF ADDRESSING HEALTH, SAFETY, WELFARE AND AESTHETIC CONSIDERATIONS; AND FOR RELATED PURPOSES.

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

SECTION 1. 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) Municipal and county land use regulation ordinances involving the placement, screening or height of amateur radio antenna structures shall reasonably accommodate amateur communications and shall constitute the minimum practicable regulation to accomplish the governing authorities' legitimate purposes of addressing health, safety, welfare and aesthetic considerations. Judgments as to the types of reasonable accommodation to be made and the minimum practicable regulation necessary to address these purposes shall be determined by local governing authorities within the parameters of the law.

SECTION 2. This act shall take effect and be in force from and after July 1, 2006.