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Bill > HB594


MS HB594

MS HB594
Coastal Wetlands Protection Act; revise definitions to include "ordinary high water mark".


summary

Introduced
01/18/2021
In Committee
02/26/2021
Crossed Over
02/04/2021
Passed
04/01/2021
Dead
Signed/Enacted/Adopted
04/16/2021

Introduced Session

2021 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 define the "ordinary high water mark" (OHWM) 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. It revises the definition of "coastal wetlands" to mean all publicly-owned lands below the OHWM, including accretions above the OHWM and submerged water bottoms. The bill also clarifies that OHWM is not the same as mean high water and should only be used for the purpose of regulating activities within coastal wetlands, not for determining the boundary between private property and public trust tidelands.

Committee Categories

Agriculture and Natural Resources, Transportation and Infrastructure

Sponsors (1)

Last Action

Approved by Governor (on 04/16/2021)

bill text


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