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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Yancey
HOUSE BILL NO. 984
AN ACT TO AMEND SECTION 17-1-17, MISSISSIPPI CODE OF 1972, TO 1
REVISE THE TIME FRAME FOR NOTICE OF A PUBLIC HEARING TO CHANGE 2
ZONING REGULATIONS, RESTRICTIONS AND BOUNDARIES THAT MAY BE 3
AMENDED, SUPPLEMENTED, CHANGED OR REPEALED; TO AUTHORIZE THE USE 4
OF CERTAIN SOCIAL MEDIA TO PROVIDE SUCH NOTICE UNDER CERTAIN 5
CIRCUMSTANCES; TO AMEND SECTION 11-51-75, MISSISSIPPI CODE OF 6
1972, TO PROVIDE THAT A WRITTEN NOTICE OF APPEAL CONCERNING SUCH 7
CHANGE OF ZONING REGULATIONS, RESTRICTIONS AND BOUNDARIES MUST BE 8
FILED WITHIN 20 DAYS, RATHER THAN 10 DAYS, OF THE RENDERING OF THE 9
DECISION BY THE BOARD OF SUPERVISORS OF A COUNTY OR THE GOVERNING 10
AUTHORITY OF A MUNICIPALITY FOR SUCH CHANGE; AND FOR RELATED 11
PURPOSES. 12
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 13
SECTION 1. Section 17-1-17, Mississippi Code of 1972, is 14
amended as follows: 15
17-1-17. * * * Notice of the public hearing to change zoning 16
regulations, restrictions and boundaries may from time to time be 17
amended, supplemented, changed, modified or repealed upon thirty 18
(30) days prior and fifteen (15) days prior to, a public hearing 19
will be placed on three (3) of the top public access social media 20
platforms specifying a time and place for the hearing in addition 21
to the notice to be given thirty (30) days and also fifteen (15) 22
days prior to the public hearing in an official paper or paper of 23
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general circulation in the municipality or county subject to the 24
proposed change. A copy of the proposed changes shall also be 25
available for public review in the local government office or 26
local library thirty (30) days prior to the scheduled public 27
hearing. If the local government has a website, the proposed 28
changes shall be posted on the website thirty (30) days prior to 29
the scheduled public hearing. The governing authorities or any 30
municipal agency or commission, which by ordinance has been 31
theretofore so empowered, may provide in such notice that the same 32
shall be held before the city engineer or before an advisory 33
committee of citizens as hereinafter provided and if the hearing 34
is held before the said engineer or advisory committee it shall 35
not be necessary for the governing body to hold such hearing but 36
may act upon the recommendation of the city engineer or advisory 37
committee. Provided, however, that any party aggrieved with the 38
recommendation of the city engineer or advisory committee shall be 39
entitled to a public hearing before the governing body of the 40
city, with due notice thereof after publication for the time and 41
as provided in this section. The governing authorities of a 42
municipality which had a population in excess of one hundred forty 43
thousand (140,000) according to the 1960 census, or of a 44
municipality which is the county seat of a county bordering on the 45
Gulf of Mexico and the State of Alabama or of a municipality which 46
had a population in excess of forty thousand (40,000) according to 47
the 1970 census and which is within a county bordering on the Gulf 48
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of Mexico may enact an ordinance restricting such hearing to the 49
record as made before the city engineer or advisory committee of 50
citizens as hereinabove provided. 51
In case of a protest against such change signed by the owners 52
of twenty percent (20%) or more, either of the area of the lots 53
included in such proposed change, or of those immediately adjacent 54
to the rear thereof, extending one hundred sixty (160) feet 55
therefrom or of those directly opposite thereto, extending one 56
hundred sixty (160) feet from the street frontage of such opposite 57
lots, such amendment shall not become effective except by the 58
favorable vote of three-fifths (3/5) of the members of the 59
legislative body of such municipality or county who are not 60
required by law or ethical considerations to recuse themselves. 61
SECTION 2. Section 11-51-75, Mississippi Code of 1972, is 62
amended as follows: 63
11-51-75. Any person aggrieved by a judgment or decision of 64
the board of supervisors of a county, or the governing authority 65
of a municipality, may appeal the judgment or decision to the 66
circuit court of the county in which the board of supervisors is 67
the governing body or in which the municipality is located. A 68
written notice of appeal to the circuit court must be filed with 69
the circuit clerk within ten (10) days from the date at which 70
session of the board of supervisors or the governing authority of 71
the municipality rendered the judgment or decision; however, a 72
written notice of appeal to the circuit court must be filed with 73
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the circuit clerk within twenty (20) days from the date at which 74
the session of the board of supervisors or the governing authority 75
of the municipality rendered the judgment or decision regarding 76
any changes for any zoning restrictions, supplements, ordinances, 77
amendments, regulations whether changed modified or repealed as 78
provided under Section 17-1-17. Upon filing, a copy of the notice 79
of appeal must be delivered to the president of the board of 80
supervisors or to the mayor or city clerk of the municipality and, 81
if applicable, to any party who was a petitioner before the board 82
of supervisors or the governing authority of the municipality, and 83
for appeals related to Section 17-1-17, a copy of the appeal shall 84
also be filed with the city clerk's or the chancery clerk's 85
office, whichever is appropriate. 86
(a) The notice of appeal filed in the circuit court 87
with the circuit clerk shall contain the following: 88
(i) The name of the county board of supervisors or 89
the name of the municipality as the appellee. If applicable, any 90
party who was a petitioner before the board of supervisors or the 91
governing authority of the municipality shall be named as an 92
appellee. 93
(ii) A succinct statement of the reasons, or 94
grounds, for the appeal. 95
(iii) A written description or designation of 96
record which includes all matters that the appellant desires to be 97
made part of the record. 98
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(iv) Appellant must also deliver a copy of the 99
notice of appeal and a written designation of the record, along 100
with a list of all documents or transcripts in appellant's 101
possession, to the clerk of the board of supervisors or to the 102
clerk of the municipality. 103
(b) An appellee has ten (10) days from the filing of 104
the notice of appeal with the circuit clerk to designate any other 105
items or matters that appellee believes should be included in the 106
designated record. 107
(c) The clerk of the board of supervisors or the 108
municipal clerk must assemble a complete record of the proceedings 109
to include all writings, matters, items, documents, plats, maps 110
and transcripts of proceedings that were part of the record and 111
deliver the complete record to the circuit clerk within thirty 112
(30) days after the filing of the notice of appeal with the 113
circuit clerk. The clerk of the board of supervisors or the 114
municipal clerk shall certify that the record is accurate and 115
complete and contains all writings, matters, items, documents, 116
plats, maps and transcripts of proceedings designated by appellant 117
and appellee in their designations of record. 118
(d) The circuit court, as an appellate court, either in 119
term time or in vacation, shall hear and determine the same on the 120
record and shall affirm or reverse the judgment. The circuit 121
court shall enter an order establishing a briefing schedule and a 122
hearing date, if any, for the parties to appear and present oral 123
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ST: Notice of public hearing to change zoning
regulations, restrictions and boundaries; revise
time frame for.
argument. If the judgment is reversed, the circuit court shall 124
render such judgment or decision as the board of supervisors or 125
the governing authority of the municipality ought to have 126
rendered, and certify the same to the board of supervisors or the 127
governing authority of the municipality. Costs shall be awarded 128
as in other cases. 129
(e) No appeal to the circuit court shall be taken from 130
any order of the board of supervisors or the governing authority 131
of the municipality which authorizes the issuance or sale of 132
bonds, but all objections to any matters relating to the issuance 133
and sale of bonds shall be adjudicated and determined by the 134
chancery court, in accordance with the provisions of Sections 135
31-13-5 through 31-13-11. And all rights of the parties shall be 136
preserved and not foreclosed, for the hearing before the chancery 137
court, or the chancellor in vacation. 138
SECTION 3. This act shall take effect and be in force from 139
and after July 1, 2026. 140