House Bill 1041

AN ACT TO AMEND SECTION 49-27-51, MISSISSIPPI CODE OF 1972, TO REVISE THE COASTAL WETLANDS PROTECTION ACT TO ALLOW THE EXECUTIVE DIRECTOR TO ISSUE AN AFTER-THE-FACT AUTHORIZATION FOR WORK UPON PROPER APPLICATION; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 49-27-51, Mississippi Code of 1972, is amended as follows:

49-27-51. (1) (a) If a person in violation of this chapter submits a proper application for any unauthorized work and the commission determines that the work has been conducted in accordance with the public policy as set forth in Section 49-27-3, the commission shall issue after-the-fact authorization for the work.

(b) For conducting the work without first obtaining a current and valid permit and other violations of this chapter, the commission may order and levy a penalty of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) per day for each day the violation has existed for residential type regulated activity and a penalty of not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00) per day for each day the violation has existed for commercial and industrial type regulated activity.

(c) For work that has been conducted outside of the parameters of a previously issued permit, but in accordance with the United States Army Corps of Engineers general permits for minor structures and activities, the executive director may, upon proper application by the applicant, issue after-the-fact authorization for the unauthorized work. For activities authorized under this subsection, the executive director may levy a penalty in accordance with subsection (1)(b) of this section.

(2) If the person continues the violation, the Attorney General of the State of Mississippi at the request of the commission, a district attorney having jurisdiction, or a county attorney having jurisdiction may initiate the civil or criminal actions, or both civil and criminal actions, as described in this chapter against the person.

(3) The Attorney General, commission, district attorney or county attorney may initiate action to enjoin any person in violation of this chapter.

SECTION 2. This act shall take effect and be in force from and after July 1, 2010.