Senate Bill 2309

(COMMITTEE SUBSTITUTE)

AN ACT TO AUTHORIZE AND REQUIRE LOCAL GOVERNMENTAL ENTITIES TO TRANSMIT LAND USE PLANS AND PROPOSALS TO THE MISSISSIPPI MILITARY INSTALLATION LOCATED WITHIN ITS JURISDICTION FOR REVIEW AND COMMENT ON THE EFFECT OF THE PROPOSAL ON ITS MISSION; TO PROVIDE THAT A REPRESENTATIVE OF THE AFFECTED MILITARY INSTALLATION SHALL SERVE AS AN EX OFFICIO NONVOTING MEMBER OF THE APPROPRIATE LOCAL PLANNING OR ZONING BOARD TO EXCHANGE INFORMATION IN ORDER TO ENCOURAGE COMPATIBLE LAND USE, PREVENT INCOMPATIBLE ENCROACHMENT AND FACILITATE THE CONTINUED PRESENCE OF MAJOR MILITARY INSTALLATIONS IN THIS STATE; AND FOR RELATED PURPOSES.

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

SECTION 1. Compatibility of development with military installations; exchange of information between local governments and military installations. (1) The Legislature finds that incompatible development of land close to military installations can adversely affect the ability of such an installation to carry out its mission. The Legislature further finds that such development also threatens the public safety because of the possibility of accidents occurring within the areas surrounding a military installation. In addition, the economic vitality of a community is affected when military operations and missions must relocate because of incompatible urban encroachment. Therefore, the Legislature finds it desirable for the local governments in the state to cooperate with military installations to encourage compatible land use, help prevent incompatible encroachment, and facilitate the continued presence of major military installations in this state.

(2) This section relating to compatibility of land development with military installations applies to specific affected local governments in proximity to and in association with specific military installations as follows:

(a) Naval Meteorology and Oceanography Command, associated with Hancock County.

(b) Camp McCain, associated with Grenada and Grenada County.

(d) Columbus Air Force Base, associated with Columbus and Lowndes County.

(e) Engineer Research and Development Center, associated with Vicksburg and Warren County.

(f) Gulfport Combat Readiness Training Center, associated with Gulfport and Harrison County.

(g) Keesler Air Force Base, associated with Biloxi, D'Iberville, and Harrison County.

(h) 186th Air Refueling Wing, associated with Meridian and Lauderdale County.

(i) Naval Air Station Meridian, associated with Meridian, Marion, Lauderdale County, Kemper County, and Noxubee County.

(j) Naval Construction Battalion Center Gulfport, associated with Gulfport, Long Beach, Diamondhead, Waveland, Harrison County, and Hancock County.

(k) Supervisor of Shipbuilding Gulf Coast associated with Pascagoula and Jackson County.

(l) Thompson Field Air National Guard Base, associated with Jackson, Flowood and Rankin County.

(m) Army Aviation Support Facility #1 at Hawkins Field, associated with Jackson and Hinds County.

(n) Army Aviation Support Facility #2 at the Tupelo Regional Airport, associated with Tupelo and Lee County.

(3) The Mississippi Military Communities Council established by executive order of the Governor on July 1, 2001, or Installation Commanders Council may recommend to the Legislature changes to the military installations and local governments specified in subsection (2) of this section based on a military base's potential for impacts from encroachment, and incompatible land uses and development.

(4) Each affected local government shall transmit to the commanding officer of the relevant associated installation or installations information relating to proposed changes to comprehensive plans, plan amendments, and proposed changes to land development regulations which, if approved, would affect the intensity, density, or use of the land adjacent to or in close proximity to the military installation. At the request of the commanding officer, affected local governments must also transmit to the commanding officer copies of applications for development orders requesting a variance or waiver from height or lighting restrictions or noise attenuation reduction requirements within areas defined in the local government's comprehensive plan as being in a zone of influence of the military installation. Each affected local government shall provide the military installation an opportunity to review and comment on the proposed changes within the applicable notice period. For jurisdictions without comprehensive plans or zoning, the local government shall transmit any plans or proposals that may affect the installation or its mission.

(5) The commanding officer or his or her designee may provide advisory comments to the affected local government on the impact such proposed changes may have on the mission of the military installation. Such advisory comments shall be based on appropriate data and analyses provided with the comments and may include:

(a) If the installation has an airfield, whether such proposed changes will be incompatible with the safety and noise standards contained in the Air Installation Compatible Use Zone (AICUZ) adopted by the military installation for that airfield;

(b) Whether such changes are incompatible with the Installation Environmental Noise Management Program (IENMP) of the United States Army;

(c) Whether such changes are incompatible with the findings of a Joint Land Use Study (JLUS) or Compatible Use Study for the area if one has been completed; and

(d) Whether the military installation's mission will be adversely affected by the proposed actions of the county or affected local government.

The commanding officer's comments, underlying studies, and reports shall be considered by the local government in the same manner as the comments received from other reviewing agencies.

(6) The affected local government shall take into consideration any comments and accompanying data and analyses provided by the commanding officer or his or her designee pursuant to subsection (4) of this section as they relate to the strategic mission of the base, public safety, and the economic vitality associated with the base's operations, while also respecting private property rights and not being unduly restrictive on those rights. The affected local government shall forward a copy of any comments regarding comprehensive plan amendments to the Mississippi Development Authority.

(7) To facilitate the exchange of information provided for in this section, a representative of a military installation acting on behalf of all military installations within that jurisdiction shall serve ex officio as a nonvoting member of the county's or affected local government's land planning or zoning board. The representative is not required to file a statement of financial interest pursuant solely due to his or her service on the county's or affected local government's land planning or zoning board.

(8) The commanding officer is encouraged to provide information about any community planning assistance grants that may be available to a county or affected local government through programs such as those of the federal Office of Economic Adjustment as an incentive for communities to participate in a joint planning process that would facilitate the compatibility of community planning and the activities and mission of the military installation.

SECTION 2. This act shall take effect and be in force from and after July 1, 2020.