HB 1122 — Agricultural operation activities; prohibit local governments from regulating.

HB1122 (As SentPassed tothe Governor)House) - 2018 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Representatives Johnson (87th), Dixon, Walker House Bill 1122 (As SentPassed tothe Governor)House) AN ACT TO AMEND SECTION 17-1-1, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERMS "AGRICULTURAL OPERATION," "FORESTRY ACTIVITY" AND "TRADITIONAL FARM PRACTICES" FOR PURPOSES OF LOCAL LAND USE REGULATIONS;

     (3)  Local land use regulation ordinances involving activities being conducted on lands regulated by the Mississippi Department of Environmental Quality, the Mississippi Department of Agriculture or Commerce or the Mississippi Forestry Commission, shall be governed by the provisions of those agencies' statutes or the regulations promulgated by those agencies.

     (2)  (a)  No governing authority of any municipality or of any county shall adoptenact or impose any ordinance, regulation, rule or policy that prohibits or restricts agriculturalactivities operation, forestry activity or traditional farm practices on agricultural land or land that is otherwise unclassifiedclassified if the land is used for an agricultural operation, forestry activity or traditional farm practices.  Additionally, if the activities being conducted on the land are regulated by the Mississippi Department of Environmental Quality, the Mississippi Department of Agriculture andor Commerce or the Mississippi Forestry Commission, the provisions of those agencies' statutes or the regulations promulgated by those agencies shall govern.

              (b) SECTION However,4.  aThis governingact authorityshall oftake anyeffect municipalityand orbe ofin anyforce countyfrom mayand enactafter orJuly impose1, ordinances,2018, regulations, rules or policies that prohibit or restrict agricultural, forestry or traditional farm practices or the erection of any building, structure or improvement upon land with such agricultural, forestry or traditional farm practices or lands governed by the Mississippi Department of Environmental Quality, the Mississippi Department of Agriculture and Commerceshall orstand therepealed Mississippion ForestryJune Commission30, if2018. such land is under Federal Aviation Administration Part 77 restrictions or if such activity, building, structure or improvement creates obstruction to navigable airspace.

          (c)  Paragraph (a) of this subsection shall not affect any ordinance, regulation, rule, or policy that is in effect, adopted, or amended prior to the effective date of this act.  Additionally, paragraph (a) of this subsection shall not be construed to affect the discretion of a county or municipal governing authority to reclassify property from one zone to another as otherwise permitted by law.

     SECTION 4.  This act shall take effect and be in force from and after its passage.