§ 51-39-1. Short title
This chapter shall be known and cited as the “Mississippi Storm Water Management District Act.”
§ 51-39-11. Adoption of resolution or ordinance authorizing district
If no petition requiring an election is filed or if three-fifths (3/5) of those voting in the election provided in Section 51-39-9 vote in favor of the creation of the district, the governing body shall adopt a resolution or ordinance authorizing the creation of the district.
§ 51-39-13. Payment of costs
All costs incident to the publication of the notices, election and all other costs of meeting the requirements of this chapter shall be paid by the governing body.
§ 51-39-15. Appeal of resolution or ordinance
Any party having an interest in the subject matter and aggrieved or prejudiced by the findings and adjudication of the governing body may appeal to the circuit court of the county in the manner provided by law for appeals from orders of the board of supervisors or municipal authorities in Section 11-51-75. However, if no […]
§ 51-39-17. Incorporation of district; incorporation agreement; publication of notice of incorporation; filing of required documents; issuance of certificate of incorporation
Within thirty (30) days following the adoption of the final authorizing resolution or ordinance, the designated representatives shall proceed to incorporate a district by filing for record in the office of the chancery clerk of the participating counties and/or the clerk of participating municipalities, as the case may be, and the Secretary of State an […]
§ 51-39-19. Amendment of incorporation agreement; withdrawal of member from district
The incorporation agreement of any district may be amended in the manner provided in this section. The board of the district shall first adopt a resolution proposing an amendment to the incorporation agreement. The amendment shall be set forth in full in the resolution and may include any matters which might have been included in […]
§ 51-39-21. Board of commissioners
All powers of the district shall be vested in the board of commissioners. If the district is composed of a single member, the governing body of that county or municipality shall serve as the board of commissioners of the district and shall exercise those powers and duties granted to the board under this chapter. If […]
§ 51-39-23. Board authorized to contract with members to provide support services
The board may contract with any member to provide support services. Any member may contract with or as part of their service contract with the district to provide any staff support, administrative and operational services as it deems advisable and on any terms as may be mutually agreed.
§ 51-39-25. Rights and powers of district
The district shall have all the rights and powers necessary or convenient to carry out the purposes of this chapter, including, but not limited to, the following: To sue and be sued in its own name; To adopt an official seal and alter the seal at its pleasure; To maintain an office or offices at […]
§ 51-39-27. Regulations and best management practices
Any regulations or best management practices adopted by the board under this chapter, shall be no more stringent or extensive in scope, coverage or effect than the regulations and best management practices promulgated or recommended by the United States Environmental Protection Agency. If federal regulations or recommended best management practices do not address any matter […]
§ 51-39-29. Power of eminent domain
The governing body of a member may exercise the power of eminent domain, upon written request of the board of commissioners, for the particular purpose of the acquisition of property for the district’s storm water management system. The power of eminent domain shall be exercised as provided in Chapter 27, Title 11, Mississippi Code of […]
§ 51-39-3. Legislative findings and declarations
The Legislature hereby finds and declares that: Storm water may contain contaminants which can degrade surface water quality; Due to the volume of water and the rate of flow, storm water runoff can pose a flood hazard to public and private property; The proper management of storm water is of concern to all citizens and […]
§ 51-39-31. Public agencies authorized to contract with district for facilities and services
Any public agency may, in accordance with a duly adopted resolution or ordinance, contract with the district for the district to acquire, construct or provide facilities and projects to be owned by the district for furnishing storm water management and related services to the public agency or to users within the boundaries of the public […]
§ 51-39-33. Storm water management plan
The district may at the direction of the governing bodies of the participating units of local government submit a storm water management plan as required state or federal environmental rules and regulations. The district may also provide services and facilities for implementation of the storm water management plan.
§ 51-39-35. Authority of public agencies to assist in attaining objectives of this chapter
For the purpose of attaining the objectives of this chapter, any public agency may, upon any terms as it may determine, do any of the following: Lend, contribute, or donate money to any district or perform services for the benefit of the district; Donate, sell, convey, transfer, lease or grant to any district, without the […]
§ 51-39-37. Property and revenue of district exempt from taxation
The property and revenue of the district shall be exempt from all state, county and municipal taxation.
§ 51-39-39. Filing of financial reports
Within ninety (90) days after the close of each fiscal year, the board of commissioners shall publish in a newspaper of general circulation in the county a sworn statement showing the financial condition of the district. The statement shall also be filed with the governing body of each member of the district.
§ 51-39-41. District not authorized to deny access to system to person holding appropriate permits
This chapter shall not be construed to authorize a district to deny access to the storm water management system or any portion of that system to any person holding a valid water pollution control permit or coverage under a general permit from the Environmental Quality Permit Board.
§ 51-39-43. Chapter constitutes full and complete authority for creation of district
This chapter, without reference to any other statute, shall be deemed to be full and complete authority for the creation of a district. No proceedings shall be required for the creation of a district other than those provided for and required in this chapter. All the necessary powers to be exercised by the governing body […]
§ 51-39-5. Definitions
Whenever used in this chapter, the following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise: “Board” means the board of commissioners of a district. “Cost of project” means: All costs of site preparation and other start-up costs; All costs of construction; All costs of real and […]