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.

Statutes affected:
As Introduced: 49-27-5
As Passed by the House: 49-27-5
Approved by the Governor: 49-27-5