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MS HB823

MS HB823
Coastal Wetlands Protection Act; revise definitions to include "ordinary high water mark".


summary

Introduced
02/13/2020
In Committee
05/12/2020
Crossed Over
03/11/2020
Passed
Dead
06/09/2020

Introduced Session

2020 Regular Session

Bill Summary

An Act To Amend Section 49-27-5, Mississippi Code Of 1972, To Amend The Coastal Wetlands Protection Act To Define "ordinary High Water Mark" To Mean A Mark On The Shore Determined By The Department Staff, Established By Fluctuations In Water Level And Indicated By Physical And Biological Characteristics Including, But Not Limited To, Water Stains, Changes In The Character Of The Soil, Scour Lines, Presence Of Debris Lines, Changes In Plant Communities And Other Appropriate Means That Consider The Characteristics Of The Surrounding Area; To Revise The Definition Of "coastal Wetlands" To Mean All Publicly Owned Lands Subject To The Ebb And Flow Of The Tide; Which Are Below The Ordinary High Water Mark; All Publicly Owned Accretions Above The Ordinary High Water Mark And All Publicly Owned Submerged Water Bottoms Below The Ordinary High Water Mark And Includes The Flora And Fauna On The Wetlands And In The Wetlands; And For Related Purposes.

AI Summary

This bill amends the Coastal Wetlands Protection Act in Mississippi to revise the definition of "coastal wetlands" to include the area below the "ordinary high water mark" (OHWM). The OHWM is defined as a mark on the shore determined by the Department of Marine Resources staff, based on fluctuations in water level and physical and biological characteristics like water stains, soil changes, and plant communities. The bill clarifies that the OHWM is not the same as mean high water and should not be used to determine the boundary between private property and public trust tidelands. The bill also makes other changes to the definitions and regulatory activities related to coastal wetlands in Mississippi.

Committee Categories

Agriculture and Natural Resources, Transportation and Infrastructure

Sponsors (1)

Last Action

Died In Committee (on 06/09/2020)

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