MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Environment Prot, Cons and Water Res; Accountability, Efficiency, Transparency
By: Senator(s) Simmons (13th)
AN ACT TO AMEND SECTION 17-1-21, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT LOCAL ZONING ORDINANCES AND REGULATIONS DO NOT SUPERSEDE MINING PERMITS ISSUED BY THE MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 17-1-21, Mississippi Code of 1972, is amended as follows:
17-1-21. (1) Except as otherwise provided in Article VII of the Chickasaw Trail Economic Development Compact described in Section 57-36-1, whenever the provisions of any other statute or local ordinance or regulation require a greater width or size of yards, courts or other open spaces, or require a lower height of building, or a less number of stories, or a greater percentage of lot to be left unoccupied, or impose other standards higher than are required by the regulations made under the authority of Sections 17-1-1 through 17-1-27, inclusive, the provisions of such other statute, or local ordinance or regulation shall govern; otherwise the provisions of the regulations made under the authority of Sections 17-1-1 through 17-1-27, inclusive, shall be controlling.
(2) Local ordinances and regulations shall not prohibit, control, supersede or impair mining permits issued by the Mississippi Department of Environmental Quality under the exclusive jurisdiction granted the department under Section 53-7-17.
SECTION 2. This act shall take effect and be in force from and after July 1, 2017.