Bill Text: MS HB984 | 2026 | Regular Session | Introduced
Bill Title: Notice of public hearing to change zoning regulations, restrictions and boundaries; revise time frame for.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2026-02-03 - Died In Committee [HB984 Detail]
Download: Mississippi-2026-HB984-Introduced.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Judiciary A
By: Representative Yancey
House Bill 984
AN ACT TO AMEND SECTION 17-1-17, MISSISSIPPI CODE OF 1972, TO REVISE THE TIME FRAME FOR NOTICE OF A PUBLIC HEARING TO CHANGE ZONING REGULATIONS, RESTRICTIONS AND BOUNDARIES THAT MAY BE AMENDED, SUPPLEMENTED, CHANGED OR REPEALED; TO AUTHORIZE THE USE OF CERTAIN SOCIAL MEDIA TO PROVIDE SUCH NOTICE UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 11-51-75, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A WRITTEN NOTICE OF APPEAL CONCERNING SUCH CHANGE OF ZONING REGULATIONS, RESTRICTIONS AND BOUNDARIES MUST BE FILED WITHIN 20 DAYS, RATHER THAN 10 DAYS, OF THE RENDERING OF THE DECISION BY THE BOARD OF SUPERVISORS OF A COUNTY OR THE GOVERNING AUTHORITY OF A MUNICIPALITY FOR SUCH CHANGE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 17-1-17, Mississippi Code of 1972, is amended as follows:
17-1-17. * * * Notice of the public hearing to
change zoning regulations, restrictions and boundaries may from time to time be
amended, supplemented, changed, modified or repealed upon thirty (30) days
prior and fifteen (15) days prior to, a public hearing will be placed on three (3)
of the top public access social media platforms specifying a time and place for
the hearing in addition to the notice to be given thirty (30) days and also
fifteen (15) days prior to the public hearing in an official paper or paper of
general circulation in the municipality or county subject to the proposed
change. A copy of the proposed changes shall also be available for public
review in the local government office or local library thirty (30) days prior
to the scheduled public hearing. If the local government has a website, the
proposed changes shall be posted on the website thirty (30) days prior to the
scheduled public hearing. The governing authorities or any municipal
agency or commission, which by ordinance has been theretofore so empowered, may
provide in such notice that the same shall be held before the city engineer or
before an advisory committee of citizens as hereinafter provided and if the
hearing is held before the said engineer or advisory committee it shall not be
necessary for the governing body to hold such hearing but may act upon the
recommendation of the city engineer or advisory committee. Provided, however,
that any party aggrieved with the recommendation of the city engineer or
advisory committee shall be entitled to a public hearing before the governing
body of the city, with due notice thereof after publication for the time and as
provided in this section. The governing authorities of a municipality which
had a population in excess of one hundred forty thousand (140,000) according to
the 1960 census, or of a municipality which is the county seat of a county
bordering on the Gulf of Mexico and the State of Alabama or of a municipality
which had a population in excess of forty thousand (40,000) according to the
1970 census and which is within a county bordering on the Gulf of Mexico may
enact an ordinance restricting such hearing to the record as made before the
city engineer or advisory committee of citizens as hereinabove provided.
In case of a protest against such change signed by the owners of twenty percent (20%) or more, either of the area of the lots included in such proposed change, or of those immediately adjacent to the rear thereof, extending one hundred sixty (160) feet therefrom or of those directly opposite thereto, extending one hundred sixty (160) feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fifths (3/5) of the members of the legislative body of such municipality or county who are not required by law or ethical considerations to recuse themselves.
SECTION 2. Section 11-51-75, Mississippi Code of 1972, is amended as follows:
11-51-75. Any person aggrieved by a judgment or decision of the board of supervisors of a county, or the governing authority of a municipality, may appeal the judgment or decision to the circuit court of the county in which the board of supervisors is the governing body or in which the municipality is located. A written notice of appeal to the circuit court must be filed with the circuit clerk within ten (10) days from the date at which session of the board of supervisors or the governing authority of the municipality rendered the judgment or decision; however, a written notice of appeal to the circuit court must be filed with the circuit clerk within twenty (20) days from the date at which the session of the board of supervisors or the governing authority of the municipality rendered the judgment or decision regarding any changes for any zoning restrictions, supplements, ordinances, amendments, regulations whether changed modified or repealed as provided under Section 17-1-17. Upon filing, a copy of the notice of appeal must be delivered to the president of the board of supervisors or to the mayor or city clerk of the municipality and, if applicable, to any party who was a petitioner before the board of supervisors or the governing authority of the municipality, and for appeals related to Section 17-1-17, a copy of the appeal shall also be filed with the city clerk's or the chancery clerk's office, whichever is appropriate.
(a) The notice of appeal filed in the circuit court with the circuit clerk shall contain the following:
(i) The name of the county board of supervisors or the name of the municipality as the appellee. If applicable, any party who was a petitioner before the board of supervisors or the governing authority of the municipality shall be named as an appellee.
(ii) A succinct statement of the reasons, or grounds, for the appeal.
(iii) A written description or designation of record which includes all matters that the appellant desires to be made part of the record.
(iv) Appellant must also deliver a copy of the notice of appeal and a written designation of the record, along with a list of all documents or transcripts in appellant's possession, to the clerk of the board of supervisors or to the clerk of the municipality.
(b) An appellee has ten (10) days from the filing of the notice of appeal with the circuit clerk to designate any other items or matters that appellee believes should be included in the designated record.
(c) The clerk of the board of supervisors or the municipal clerk must assemble a complete record of the proceedings to include all writings, matters, items, documents, plats, maps and transcripts of proceedings that were part of the record and deliver the complete record to the circuit clerk within thirty (30) days after the filing of the notice of appeal with the circuit clerk. The clerk of the board of supervisors or the municipal clerk shall certify that the record is accurate and complete and contains all writings, matters, items, documents, plats, maps and transcripts of proceedings designated by appellant and appellee in their designations of record.
(d) The circuit court, as an appellate court, either in term time or in vacation, shall hear and determine the same on the record and shall affirm or reverse the judgment. The circuit court shall enter an order establishing a briefing schedule and a hearing date, if any, for the parties to appear and present oral argument. If the judgment is reversed, the circuit court shall render such judgment or decision as the board of supervisors or the governing authority of the municipality ought to have rendered, and certify the same to the board of supervisors or the governing authority of the municipality. Costs shall be awarded as in other cases.
(e) No appeal to the circuit court shall be taken from any order of the board of supervisors or the governing authority of the municipality which authorizes the issuance or sale of bonds, but all objections to any matters relating to the issuance and sale of bonds shall be adjudicated and determined by the chancery court, in accordance with the provisions of Sections 31-13-5 through 31-13-11. And all rights of the parties shall be preserved and not foreclosed, for the hearing before the chancery court, or the chancellor in vacation.
SECTION 3. This act shall take effect and be in force from and after July 1, 2026.
