Any person who performs or causes to be performed any activity regulated by this chapter for which a permit has not been obtained, violates any provision of this chapter, regulation promulgated pursuant to this chapter or any condition of a permit, shall be liable to the State of Mississippi for the restoration of all affected coastal wetlands to their condition prior to such violation, insofar as such restoration is possible, and for any and all damages to the wetlands. The appropriate chancery court by writ of mandatory injunction shall allow a reasonable time for completion of the restoration and may, in its discretion, order as punitive damages a sum not to exceed Five Hundred Dollars ($500.00) per day for each day such violation has existed. The chancery court may further order as punitive damages a sum not to exceed Five Hundred Dollars ($500.00) per day for each day that the violation exists beyond the date set by the court in its injunction for the restoration of the wetland. If injunctive relief is not sought, the appropriate circuit or county court shall have jurisdiction over any action for damages and/or punitive damages as set forth in this paragraph.
Nothing in this chapter shall preclude other statutory or common law remedies by public or private parties against violators or nonviolators of this chapter.
Structure Mississippi Code
Title 49 - Conservation and Ecology
Chapter 27 - Coastal Wetlands Protection Act
§ 49-27-1. Title and citation of chapter
§ 49-27-3. Public policy declared
§ 49-27-6. Marinas; classification
§ 49-27-13. Application; copy may be mailed to parties
§ 49-27-27. Permits to dredge new channels; considerations and restrictions
§ 49-27-29. Conditions or limitations may be imposed on grant or modification of permit
§ 49-27-31. Performance bond may be required
§ 49-27-33. Suspension or revocation of permit after notice and hearing
§ 49-27-35. Findings, reasons and descriptions to be recorded by council
§ 49-27-39. Appeal to chancery court; when council's order to be confirmed
§ 49-27-43. Appeal to chancery court; service upon commission; certification of record
§ 49-27-45. Appeal to chancery court; when case to be referred back to commission
§ 49-27-47. Appeal to chancery court; precedence; powers of chancellor
§ 49-27-49. Appeal to Supreme Court
§ 49-27-53. Jurisdiction and venue for judicial actions
§ 49-27-57. Fines and penalties
§ 49-27-59. Rules and regulations
§ 49-27-65. Evaluation of coastal wetlands; charts; education of public; overall use plan
§ 49-27-67. Exclusion from assessment for ad valorem taxes