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MISSISSIPPI LEGISLATURE REGULAR SESSION 2021 By MISSISSIPPI LEGISLATURE REGULAR SESSION 2021 By: Senator(s) Seymour To: Veterans and Military Affairs; County Affairs SENATE BILL NO. 2731 1 AN ACT TO PROVIDE THAT COUNTIES AND MUNICIPALITIES IN THIS 2 STATE ARE ENCOURAGED TO COOPERATE WITH MILITARY INSTALLATIONS TO 3 ENCOURAGE COMPATIBLE LAND USE AND HELP PREVENT INCOMPATIBLE 4 ENCROACHMENT NEAR MILITARY INSTALLATIONS AND FACILITATE THE 5 CONTINUED PRESENCE OF MAJOR MILITARY INSTALLATIONS IN THIS STATE; 6 TO PROVIDE THE COUNTIES, MUNICIPALITIES AND MILITARY INSTALLATIONS 7 TO WHICH THIS ACT APPLIES; TO ENCOURAGE COUNTIES AND 8 MUNICIPALITIES TO PROVIDE MILITARY INSTALLATIONS WITH INFORMATION 9 RELATING TO LAND USE AND DEVELOPMENT WHICH WOULD AFFECT THE USE OF 10 LAND ADJACENT TO OR IN CLOSE PROXIMITY TO MILITARY INSTALLATIONS; 11 AND FOR RELATED PURPOSES. 12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 13 SECTION 1. (1) The Legislature finds that incompatible 14 development of land close to military installations can adversely 15 affect the ability of such installations to carry out their 16 missions. The Legislature further finds that such development 17 also threatens the public safety because of the possibility of 18 accidents occurring within the areas surrounding a military 19 installation. In addition, the economic vitality of a community 20 is affected when military operations and missions must relocate 21 because of incompatible urban encroachment. Therefore, the 22 Legislature finds it desirable for counties and municipalities in S. B. No. 2731 *SS36/R429.2* ~ OFFICIAL ~ G1/2 21/SS36/R429.2 PAGE 1 (rdd\tb) 23 the state to cooperate with military installations to encourage 24 compatible land use, help prevent incompatible encroachment, and 25 facilitate the continued presence of major military installations 26 in the state. 27 (2) Certain major military installations, due to their 28 mission and activities, have a greater potential for experiencing 29 compatibility and coordination issues than others. This section 30 applies to specific affected counties and municipalities in 31 proximity to and in association with specific military 32 installations, as follows: 33 (a) Naval Meteorology and Oceanography Command, 34 associated with Hancock County, Mississippi. 35 (b) Camp McCain, associated with the City of Grenada, 36 Mississippi, and Grenada County, Mississippi. 37 (c) Camp Shelby, associated with the City of 38 Hattiesburg, Mississippi, Forrest County, Mississippi, and Perry 39 County, Mississippi. 40 (d) Columbus Air Force Base, associated with the City 41 of Columbus, Mississippi, and Lowndes County, Mississippi. 42 (e) Engineer Research and Development Center, 43 associated with the City of Vicksburg, Mississippi, and Warren 44 County, Mississippi. 45 (f) Gulfport Combat Readiness Training Center, 46 associated with the City of Gulfport, Mississippi, and Harrison 47 County, Mississippi. S. B. No. 2731 *SS36/R429.2* ~ OFFICIAL ~ 21/SS36/R429.2 PAGE 2 (rdd\tb) 48 (g) Keesler Air Force Base, associated with the City of 49 Biloxi, Mississippi, the City of D'Iberville, Mississippi, and 50 Harrison County, Mississippi. 51 (h) 186th Air Refueling Wing, associated with the City 52 of Meridian, Mississippi, and Lauderdale County, Mississippi. 53 (i) Naval Air Station Meridian, associated with the 54 City of Meridian, Mississippi, the City of Marion, Mississippi, 55 Lauderdale County, Mississippi, Kemper County Mississippi, and 56 Noxubee County, Mississippi. 57 (j) Naval Construction Battalion Center Gulfport, 58 associated with the City of Gulfport, Mississippi, the City of 59 Long Beach, Mississippi, the City of Diamondhead, Mississippi, the 60 City of Waveland, Mississippi, Harrison County, Mississippi, and 61 Hancock County, Mississippi. 62 (k) Supervisor of Shipbuilding Gulf Coast associated 63 with the City of Pascagoula, Mississippi, and Jackson County, 64 Mississippi. 65 (l) Thompson Field Air National Guard Base, associated 66 with the City of Jackson, Mississippi, the City of Flowood, 67 Mississippi, and Rankin County, Mississippi. 68 (m) Army Aviation Support Facility Number 1 at Hawkins 69 Field, associated with the City of Jackson, Mississippi, and Hinds 70 County, Mississippi. S. B. No. 2731 *SS36/R429.2* ~ OFFICIAL ~ 21/SS36/R429.2 PAGE 3 (rdd\tb) 71 (n) Army Aviation Support Facility Number 2 at the 72 Tupelo Regional Airport, associated with the City of Tupelo, 73 Mississippi, and Lee County, Mississippi. 74 (3) The Mississippi Military Communities Council or 75 Installation Commanders Council may recommend to the Legislature 76 changes to the military installations and counties and 77 municipalities specified in subsection (2) of this section based 78 on the potential for impacts from encroachment on a military base, 79 and incompatible land uses and development. 80 (4) (a) (i) Each affected county or municipality is 81 encouraged to transmit to the commanding officer of the relevant 82 associated military installation or installations information 83 relating to proposed changes to comprehensive plans, plan 84 amendments, and proposed changes to land development regulations 85 which, if approved, would affect the intensity, density, or use of 86 the land adjacent to or in close proximity to the military 87 installation. At the request of the commanding officer, an 88 affected county or municipality is encouraged to also transmit to 89 the commanding officer copies of applications for development 90 orders requesting a variance or waiver from height or lighting 91 restrictions or noise attenuation reduction requirements within 92 areas defined in a county's or municipality's comprehensive plan 93 as being in a zone of influence of the military installation. An 94 affected county or municipality is encouraged to provide the 95 military installation an opportunity to review and comment on the S. B. No. 2731 *SS36/R429.2* ~ OFFICIAL ~ 21/SS36/R429.2 PAGE 4 (rdd\tb) 96 proposed changes. For a county or municipality without a 97 comprehensive plan or zoning, the county or municipality is 98 encouraged to transmit any plans or proposals that may affect the 99 military installation or its mission. 100 (ii) The commanding officer or his or her designee 101 may provide advisory comments to the affected county or 102 municipality on the impact such proposed changes may have on the 103 mission of the military installation. Such advisory comments 104 shall be based on appropriate data and analyses provided with the 105 comments and may include: 106 1. If the installation has an airfield, 107 whether such proposed changes will be incompatible with the safety 108 and noise standards contained in the Air Installation Compatible 109 Use Zone (AICUZ) adopted by the military installation for that 110 airfield; 111 2. Whether such changes are incompatible with 112 the Installation Environmental Noise Management Program (IENMP) of 113 the United States Army; 114 3. Whether such changes are incompatible with 115 the findings of a Joint Land Use Study (JLUS) or Compatible Use 116 Study for the area if one has been completed; and 117 4. Whether the military installation's 118 mission will be adversely affected by the proposed actions of the 119 county or municipality. S. B. No. 2731 *SS36/R429.2* ~ OFFICIAL ~ 21/SS36/R429.2 PAGE 5 (rdd\tb) 120 The county or municipality is encouraged to consider the 121 commanding officer's comments, underlying studies, and reports in 122 the same manner as the comments received from other reviewing 123 agencies. 124 (iii) The affected county or municipality is 125 encouraged to take into consideration any comments and 126 accompanying data and analyses provided by the commanding officer 127 or his or her designee pursuant to this subsection (4) as they 128 relate to the strategic mission of the military installation, 129 public safety, and the economic vitality associated with the 130 installation's operations, while also respecting private property 131 rights and not being unduly restrictive on those rights. 132 (iv) The commanding officer is encouraged to 133 provide information about any community planning assistance grants 134 that may be available to a county or municipality through programs 135 such as those of the federal Office of Economic Adjustment as an 136 incentive for communities to participate in a joint-planning 137 process that would facilitate the compatibility of community 138 planning and the activities and mission of the military 139 installation. 140 SECTION 2. This act shall take effect and be in force from 141 and after July 1, 2021. S. B. No. 2731 *SS36/R429.2* ~ OFFICIAL ~ 21/SS36/R429.2 ST: Counties and municipalities; encourage to PAGE 6 (rdd\tb) exchange information with military installations relating to land use and development. .
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