Mississippi Comprehensive Coastal Conservation and Restoration Act of 2026; enact.

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To: Ports and Marine
Resources
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Thompson, Wiggins

SENATE BILL NO. 2264

AN ACT ENTITLED THE "MISSISSIPPI COMPREHENSIVE COASTAL 1
CONSERVATION AND RESTORATION PLAN ACT OF 2026" TO DECLARE 2
LEGISLATIVE FINDINGS AND PURPOSE; TO CREATE A TECHNICAL ADVISORY 3
BOARD (TAB) TO DEVELOP AND ANNUALLY REVISE A COMPREHENSIVE PLAN 4
FOR RESTORATION, CONSTRUCTION, STORM PROTECTION, HABITAT 5
CONSTRUCTION AND RESTORATION, AND WATER QUALITY PROJECTS ON THE 6
MISSISSIPPI GULF COAST; TO PROVIDE FOR THE COMPOSITION OF THE 7
TECHNICAL ADVISORY BOARD AND ITS ORGANIZATION; TO PRESCRIBE THE 8
DUTIES AND RESPONSIBILITIES OF THE TECHNICAL ADVISORY BOARD; TO 9
REQUIRE STATE AND LOCAL AGENCIES TO COOPERATE WITH THE FUNCTIONS 10
OF THE TECHNICAL ADVISORY BOARD; TO REQUIRE AN ANNUAL REPORT; TO 11
AMEND SECTIONS 49-15-305, 49-2-13 AND 29-15-7, MISSISSIPPI CODE OF 12
1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES. 13
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 14
SECTION 1. This act shall be known and may be cited as the 15
"Mississippi Comprehensive Coastal Conservation and Restoration 16
Plan Act of 2026." 17
SECTION 2. (1) The purpose of this act is to create a 18
comprehensive plan for restoration, conservation, storm 19
protection, habitat creation and water quality projects on the 20
Mississippi Gulf Coast. The proposed plan shall establish 21
priorities, goals and expected results for these projects. The 22
plan will facilitate multiyear, long-term planning effort and 23
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provide coordination among state agencies and funding resources. 24
The plan will provide guidance to project applicants, state 25
agencies and other stakeholders. It is the intent of the 26
Legislature that the plan will be developed with input from the 27
Mississippi Department of Marine Resources (DMR), the Mississippi 28
Department of Environmental Quality (DEQ) and other public and 29
nonpublic entities as prescribed in this act. It is further the 30
intent of the Legislature that all future coastal conservation, 31
restoration, habitat, construction, water quality improvement and 32
other similar projects administered by DMR and DEQ shall meet the 33
goals and priorities of the plan. 34
(2) The Legislature finds that there is: 35
(a) A need for a comprehensive, tactical, strategic 36
plan to address coastal conservation, restoration, water quality, 37
habitat loss or other issues in the Mississippi Sound and 38
surrounding waterways; 39
(b) A need for formal collaboration between DMR, DEQ, 40
or other state agencies and offices involved in coastal 41
restoration and conservation projects; and 42
(c) A need for continuity and consistency in the design 43
and awarding of coastal conservation, restoration, habitat 44
construction, water quality improvement and other similar 45
projects. 46
SECTION 3. (1) There is hereby created a Technical Advisory 47
Board (TAB) to develop and annually revise a Comprehensive Coastal 48
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Conservation and Restoration plan for all future restoration, 49
conservation, storm protection, habitat construction and 50
restoration, and water quality projects on the Mississippi Gulf 51
Coast, and oversee implementation of the plan. Technical Advisory 52
Board members shall include: (a) a chairman knowledgeable with 53
the subject matter of Mississippi coastal restoration appointed by 54
the Governor; (b) a representative of the Department of 55
Environmental Quality appointed by the executive director; (c) a 56
representative of the Department of Marine Resources appointed by 57
the executive director; (d) a representative appointed by the 58
Secretary of State; (e) a representative of The University of 59
Southern Mississippi appointed by the President of The University 60
of Southern Mississippi; (f) a representative of Mississippi State 61
University appointed by the President of Mississippi State 62
University; (g) a representative from nonprofit environmental 63
groups appointed by the Governor; a member of the House of 64
Representatives appointed by the Speaker of the House; and a 65
member of the Mississippi Senate appointed by the Lieutenant 66
Governor, who shall serve as nonvoting members. 67
(2) The Technical Advisory Board shall be administered 68
within the Department of Marine Resources which shall provide 69
meeting space and clerical support. Appointments to the Technical 70
Advisory Board shall be made no later than sixty (60) days after 71
the effective date of this act by the appointing authority. The 72
Chairman of the Technical Advisory Board shall call the first 73
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meeting of the Technical Advisory Board no later than September 1, 74
2026, and the Technical Advisory Board shall organize for business 75
and adopt rules for operation. Any member of the TAB who is not a 76
public employee shall receive the per diem authorized by law and 77
mileage for attending meetings and necessary business as 78
authorized by the TAB to be paid from available appropriations. 79
SECTION 4. (1) The Technical Advisory Board shall develop a 80
Mississippi Comprehensive Coastal Conservation and Restoration 81
Plan ("Plan") for all future coastal conservation and restoration 82
projects. 83
(2) The plan shall establish planning goals, a planning 84
scope, identifying issues of concern, a process to develop the 85
planning framework, including analyzing existing data and 86
information, creating resiliency and water quality improvement 87
strategies and implementation of the plan. 88
(3) The plan shall incorporate short-term and long-term 89
project-monitoring requirements and criteria parallel to the plan 90
goals and priorities to ensure projects are performing as 91
intended. 92
(4) The plan shall establish priorities and goals to guide 93
project applicants and state agencies in project ranking, 94
selection and award. The plan may also provide guidance on 95
specific projects that fit within the plan. 96
(5) The plan shall be revised every five (5) years. 97
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(6) The intent of the Legislature is to develop an adaptable 98
plan that will accommodate changing coastal conditions and their 99
impacts on the coastal environment and the infrastructure 100
protected by the state's natural storm protection resources. The 101
plan will also create continuity among the funding sources 102
available to state agencies for coastal restoration, conservation, 103
habitat construction, and water quality improvement projects. 104
SECTION 5. (1) The Technical Advisory Board shall prepare 105
an annual report on the current state of identified areas of 106
concern and status of monitoring efforts to evidence whether 107
priorities and goals of the plan are being met. 108
(2) The administration expenses of the Technical Advisory 109
Board in carrying out its duties under this act shall not exceed 110
one percent (1%) of the amount of the funds administered by the 111
Technical Advisory Board under this act. 112
SECTION 6. Section 49-15-305, Mississippi Code of 1972, is 113
amended as follows: 114
49-15-305. (1) The Governor shall appoint the Executive 115
Director of the Department of Marine Resources, with the advice 116
and consent of the Senate, who shall serve at the will and 117
pleasure of the Governor. The executive director shall be 118
knowledgeable and experienced in marine resources management. 119
(2) The executive director of the department shall have the 120
following powers and duties: 121
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(a) To supervise and direct all administrative, 122
inspection and technical activities and personnel of the 123
department; 124
(b) To employ qualified professional personnel in the 125
subject matter or fields, and any other technical and clerical 126
staff as may be required for the operation of the department; 127
(c) To coordinate all studies in the State of 128
Mississippi concerned with the supply, development, use and 129
conservation of marine resources; 130
(d) To prepare and deliver to the Legislature and the 131
Governor on or before January 1 of each year, and at any other 132
times as may be required by the Legislature or Governor, a full 133
report of the work of the department, including a detailed 134
statement of expenditures of the department and any 135
recommendations the department may have; 136
(e) To enter into cooperative agreements with any 137
federal or state agency or subdivision thereof, or any public or 138
private institution located inside or outside the State of 139
Mississippi, or any person, corporation or association in 140
connection with studies and investigations pertaining to marine 141
resources, provided the agreements do not have a financial cost in 142
excess of the amounts appropriated for the purposes by the 143
Legislature; * * * 144
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(f) To carry out all regulations and rules adopted by 145
the department and enforce all licenses and permits issued by the 146
department * * *; and 147
(g) To carry out all responsibilities required of the 148
Department of Marine Resources under the Mississippi Comprehensive 149
Coastal Conservation and Restoration Plan Act of 2026. 150
SECTION 7. Section 49-2-13, Mississippi Code of 1972, is 151
amended as follows: 152
49-2-13. The executive director shall have the following 153
powers and duties: 154
(a) To administer the policies of the commission within 155
the authority granted by the commission; 156
(b) To supervise and direct all administrative and 157
technical activities of the department; 158
(c) To organize the administrative units of the 159
department in accordance with the plan adopted by the commission 160
and, with commission approval, alter such organizational plan and 161
reassign responsibilities as he may deem necessary to carry out 162
the policies of the commission; 163
(d) To coordinate the activities of the various offices 164
of the department; 165
(e) To employ, subject to the approval of the 166
commission, qualified professional personnel in the subject matter 167
or fields of each office, and such other technical and clerical 168
staff as may be required for the operation of the department; 169
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(f) To recommend to the commission such studies and 170
investigations as he may deem appropriate, and to carry out the 171
approved recommendations in conjunction with the various offices; 172
(g) To merge and coordinate functions and duties where 173
possible to eliminate the possibility of two (2) separate 174
organizational entities performing the same or similar functions, 175
including, but not limited to, functions of audit, inspection, 176
collection, personnel, motor vehicles, accounting, data 177
processing, payroll and any other such administrative, procedural 178
or enforcement function; 179
(h) To coordinate all studies in the State of 180
Mississippi concerned with the supply, development, use and 181
conservation of natural resources within the jurisdiction of the 182
department; 183
(i) To prepare and deliver to the Legislature and the 184
Governor on or before January 1 of each year, and at such other 185
times as may be required by the Legislature or Governor, a full 186
report of the work of the department and the offices thereof, 187
including a detailed statement of expenditures of the department 188
and any recommendations the commission may have; 189
(j) To issue, modify or revoke any and all orders under 190
authority granted by the commission which include, but are not 191
limited to those which (i) prohibit, control or abate discharges 192
of contaminants and wastes into the air and waters of the state; 193
(ii) require the construction of new disposal systems or 194
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air-cleaning devices or any parts thereof, or the modification, 195
extension or alteration of existing disposal systems or 196
air-cleaning devices or any parts thereof, or the adoption of 197
other remedial measures to prevent, control or abate air and water 198
pollution or to cause the proper management of solid wastes; (iii) 199
impose penalties pursuant to Section 17-17-29 and Section 49-17-43 200
which have been agreed upon with alleged violators; and (iv) 201
require compliance with the conditions of any permit issued by the 202
Permit Board created in Section 49-17-28 and all regulations of 203
the commission; 204
(k) With the approval of the commission, to enter into 205
contracts, grants and cooperative agreements with any federal or 206
state agency or subdivision thereof, or any public or private 207
institution located inside or outside the State of Mississippi, or 208
any person, corporation or association in connection with carrying 209
out the provisions of this chapter, provided the agreements do not 210
have a financial cost in excess of the amounts appropriated for 211
such purposes by the Legislature; * * * 212
(l) With the approval of the commission, to enter into 213
a contract(s) with any person or any public or private corporate 214
entity to assist with the review, evaluation and processing of 215
permit application(s) and/or certification application(s). Any 216
person or entity requesting additional assistance for review, 217
evaluation, and processing of an application for permit(s) or 218
certification(s) must agree to pay all additional costs associated 219
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with such review, evaluation, and processing. The executive 220
director shall submit an annual report on the following to the 221
Chairs of the House and Senate Accountability, Efficiency and 222
Transparency Committees: 223
(i) The backlog of permit applications and/or 224
certification applications that exist on July 1, 2024; 225
(ii) The backlog of permit applications and/or 226
certification applications that exist when the report is 227
submitted; 228
(iii) The average price of permits and/or 229
certifications that are being expedited; 230
(iv) The types of permits and/or certifications 231
that are being expedited; 232
(v) What persons or public or private corporate 233
entities are being used to assist with the review, evaluation and 234
processing of permit applications and/or certification 235
applications; 236
(vi) How much the persons or public or private 237
corporate entities have been paid through the program; and 238
(vii) How many people leave the department for 239
employment with the persons or public or private corporate 240
entities that are being used to assist with the review, evaluation 241
and processing of permit applications and/or certification 242
applications. 243
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This paragraph (1) shall stand repealed on July 1, 244
2028 * * *; and 245
(m) To carry out all responsibilities required of the 246
Mississippi Department of Environmental Quality under the 247
Mississippi Comprehensive Coastal Conservation and Restoration 248
Plan Act of 2026. 249
SECTION 8. Section 29-15-7, Mississippi Code of 1972, is 250
amended as follows: 251
29-15-7. (1) The Secretary of State, in cooperation with 252
other state agencies, shall prepare a Preliminary Map of Public 253
Trust Tidelands. The preliminary map shall depict the boundary as 254
the current mean high water line where shoreline is undeveloped 255
and in developed areas or where there have been encroachments, 256
such maps shall depict the boundary as the determinable mean high 257
water line nearest the effective date of the Coastal Wetlands 258
Protection Act. 259
(2) The state recognizes that the boundary of the public 260
trust tidelands is ambulatory and that the natural inland 261
expansion of tide waters over land not previously subject to the 262
ebb and flow of the tide increases the land subject to the public 263
trust, while natural accretion, the gradual and imperceptible 264
accumulation of land by natural causes, and natural reliction, the 265
increase of land by permanent withdrawal or retrocession of tidal 266
waters by natural causes, diminish the land subject to the public 267
trust and increase the property owned by the contiguous upland 268
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owner. Likewise, the state recognizes the common law doctrine as 269
it pertains to such tidelands, submerged lands and riparian and 270
littoral rights and declares such to be the law of this state. 271
(3) The preliminary map shall be transmitted to each of the 272
chancery clerks of the coastal counties, and each chancery clerk 273
shall post such map in a public place in his office. The 274
Secretary of State shall also cause to be published in a newspaper 275
of general circulation within each coastal county a notice 276
announcing that a copy of the Preliminary Map of Public Trust 277
Tidelands is available for public inspection at the office of the 278
chancery clerk of that county, and shall post a similar notice in 279
at least three (3) public places in each coastal county in this 280
state. The preliminary map shall also be open to public 281
inspection at the Office of the Secretary of State. 282
(4) The Secretary of State shall allow sixty (60) days after 283
publication of the preliminary map for submission of comments 284
and/or additional documentation and may, at his discretion, revise 285
the map accordingly. Within twenty (20) days of the completion of 286
the period for submission of comments, the Secretary of State 287
shall have incorporated any revisions to the Preliminary Map of 288
Public Trust Tidelands and certify its final adoption. The 289
certified map as finally adopted shall be published as provided 290
hereinabove. The final certified map shall be duly recorded in 291
the land records of the chancery clerks office in Hancock, 292
Harrison and Jackson Counties. Upon recordation, the certified 293
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map shall be final to those properties not subject to the trust. 294
The Secretary of State shall issue to all consenting property 295
owners a certificate stating that the described property does not 296
lie within the boundary of the public trust tidelands and is not 297
subject to the trust. The Secretary of State shall duly file such 298
certificates with the proper chancery clerks office for 299
recordation. In addition, the certified map shall be placed in 300
the Secretary of State's permanent register which shall be open to 301
public inspection. Within one hundred twenty (120) days of final 302
adoption of the certified map, the Secretary of State shall 303
determine those property owners whose lands are subject of the 304
public trust and are in violation of such trust. The Secretary of 305
State shall notify all such owners by certified mail and shall 306
include an explanation of the procedure available to the occupant 307
to resolve any dispute with respect to this map. The notice shall 308
also inform occupants that after three (3) years the boundary as 309
set forth in the certified map shall become final unless the 310
occupant has submitted a contrary claim to the office of the 311
Secretary of State. Such property owner shall have six (6) months 312
to negotiate and settle differences with the Secretary of State. 313
The Secretary of State may allow extensions at his discretion. A 314
boundary determination shall be final upon agreement of the 315
Secretary of State and the owner and an instrument setting forth 316
the boundary agreement shall be duly executed and recorded in the 317
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chancery court where the property is located. Any such boundary 318
agreement shall be binding on the state and other parties thereto. 319
(5) If any dispute as to the location of the boundary of the 320
public trust cannot be negotiated and settled between the affected 321
property owners and the Secretary of State within six (6) months 322
after notice by the state of its claim, either the state or a 323
person claiming an interest in the property may apply to the 324
chancery court of the county in which the property is located for 325
a resolution of the dispute and a determination of the location of 326
the boundary. All persons having an interest in the property 327
subject to the dispute shall be made a party to such proceeding. 328
In any such action, the state shall have the burden of proof by a 329
preponderance of evidence that any such land is subject to the 330
trust. 331
(6) Nothing in this section is intended to preclude any 332
party from pursuing remedies otherwise available at law, including 333
but not limited to those provided in Sections 11-17-1 et seq., 334
except that if no action is taken by the occupant within three (3) 335
years of receipt of notice as described above, the boundary as 336
determined by the certified map shall become final. 337
(7) In addition to the duties charged to the Secretary of 338
State under this section, he shall carry out all responsibilities 339
required of the Office of the Secretary of State under the 340
Mississippi Comprehensive Coastal Conservation and Restoration 341
Plan Act of 2026. 342
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ST: Mississippi Comprehensive Coastal
Conservation and Restoration Act of 2026; enact.
SECTION 9. This act shall take effect and be in force from 343
and after July 1, 2026. 344