Bill Text: MS SB2893 | 2026 | Regular Session | Engrossed
Bill Title: Land use/zoning changes by local governments; revise procedure and time limitations.
Sponsorship: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2026-03-30 - Died In Conference [SB2893 Detail]
Download: Mississippi-2026-SB2893-Engrossed.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Municipalities; Judiciary, Division A
By: Senator(s) Fillingane, England, Gillespie Isom
Senate Bill 2893
(As Passed the Senate)
AN ACT TO AMEND SECTIONS 17-1-15 AND 17-1-17, MISSISSIPPI CODE OF 1972, TO REVISE THE PROCEDURE AND TIME LIMITATIONS FOR NOTICE OF PUBLIC HEARINGS BY COUNTIES AND MUNICIPALITIES TO MAKE ZONING CHANGES IN SUCH COUNTY OR MUNICIPALITY; TO AMEND SECTIONS 11-51-75, 11-51-77 AND 11-51-85, MISSISSIPPI CODE OF 1972, TO REVISE THE PROCEDURE AND TIME LIMITATIONS FOR APPEAL OF THE DECISION OF A COUNTY OR MUNICIPALITY REGARDING ZONING RESTRICTIONS, SUPPLEMENTS, ORDINANCES, AMENDMENTS OR REGULATIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 17-1-15, Mississippi Code of 1972, is amended as follows:
17-1-15. The governing
authority of each municipality and county shall provide for the manner in which
the comprehensive plan, zoning ordinance (including the official zoning map)
subdivision regulations and capital improvements program shall be determined,
established and enforced, and from time to time, amended, supplemented or
changed. However, no such plan, ordinance (including zoning boundaries),
regulations or program shall become effective until after a public hearing, in
relation thereto, at which parties in interest, and citizens, shall have an
opportunity to be heard. * * * At least fifteen (15) days' notice of the time and place of such
hearing shall be published in an official paper, or a paper of general
circulation, in such municipality or county. Notice of the
public hearing to change zoning regulations may from time to time be amended,
supplemented, changed, modified or repealed. Both upon thirty (30) days prior
to and fifteen (15) days prior to the day of a public hearing, notice of the
public hearing shall be placed on three (3) of the most-accessed interactive
computer services, which are, as of the effective date of this act, Facebook,
Instagram and X, specifying a time and place for said hearing. In addition to
the interactive-computer-services requirement, notice shall be given both
thirty (30) days prior to and fifteen (15) days prior to the day of a public
hearing in a local, official newspaper located within such county or
municipality. A copy of the proposed changes shall also be available for
public review in the local government office and the local library, if
practicable, 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 as well. In the
event the local government has an ordinance requiring the public display of
signage prior to any proposed zoning changes, the required sign shall be
displayed thirty (30) days prior to the day of the public hearing.
SECTION 2. Section 17-1-17, Mississippi Code of 1972, is amended as follows:
17-1-17. Zoning
regulations, restrictions and boundaries may, from time to time, be amended,
supplemented, changed, modified or repealed * * *.
Notice of the public hearing to change zoning regulations may from time to
time be amended, supplemented, changed, modified or repealed. Both upon thirty
(30) days prior to and fifteen (15) days prior to the day of a public hearing,
notice of the public hearing shall be placed on three (3) of the most-accessed
interactive computer services, which are, as of the effective date of this act,
Facebook, Instagram and X, specifying a time and place for said hearing. In
addition to the interactive-computer-services requirement, notice shall be
given both thirty (30) days prior to and fifteen (15) days prior to the day of
a public hearing in a local, official newspaper located within such county or
municipality. A copy of the proposed changes shall also be available for
public review in the local government office and the local library, if
practicable, 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 as well. In the
event the local government has an ordinance requiring the public display of
signage prior to any proposed zoning changes, the required sign shall be
displayed thirty (30) days prior to the day of the 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 3. Section 11-51-75, Mississippi Code of 1972, is amended as follows:
11-51-75. (1) 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 * * * twenty (20) days from the date
at which session of the board of supervisors or the governing authority of the
municipality rendered the judgment or decision. 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.
(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.
(2) A copy of the zoning appeal shall be filed with the city clerk or the chancery clerk, whichever is appropriate. The requirement of this subsection shall not affect the perfection of the appeal under this section for purposes of the twenty-day-filing deadline.
SECTION 4. Section 11-51-77, Mississippi Code of 1972, is amended as follows:
11-51-77. (1) (a)
Any person aggrieved by a decision of the board of supervisors or the municipal
authorities of a city, town or village, as to the assessment of taxes, may,
within * * * twenty (20) days after the
adjournment of the meeting at which such decision is made, appeal to the
circuit court of the county, upon giving bond, with sufficient sureties, in
double the amount of the matter in dispute, but never less than One Hundred
Dollars ($100.00), payable to the state, and conditioned to perform the
judgment of the circuit court, and to be approved by the clerk of such board,
who, upon the filing of such bond, shall make a true copy of any papers on file
relating to such controversy, and file such copy certified by him, with said
bond, in the office of the clerk of the circuit court, on or before its next
term. The controversy shall be tried anew in the circuit court at the first
term, and be a preference case, and, if the matter be decided against the
person who appealed, judgment shall be rendered on the appeal bond for damages
at the rate of ten percent (10%) on the amount in controversy and all costs.
If the matter be decided in favor of the person who appealed, judgment in his
favor shall be certified to the board of supervisors, or the municipal
authorities, as the case may be, which shall conform thereto, and shall pay the
costs.
(b) A copy of the zoning appeal shall also be filed with the city clerk or the chancery clerk's office, whichever is appropriate. The requirement of this paragraph (b) shall not affect the perfection of the appeal under this subsection for purposes of the twenty-day-filing deadline.
(2) A political subdivision may appeal an assessment of taxes as provided in this subsection (2). Only the county attorney, the district attorney, or the Attorney General, if the state, county or municipality be aggrieved by a decision of the board of supervisors or the municipal authorities of a city, town, or village as to the assessment of taxes, may, within twenty (20) days after the adjournment of the meeting at which such decision is made, or within twenty (20) days after the adjournment of the meeting at which the assessment rolls are corrected in accordance with the instructions of the Department of Revenue, or within twenty (20) days after the adjournment of the meeting of the board of supervisors at which the approval of the roll by the Department of Revenue is entered, appeal to the circuit court of the county in like manner as in the case of any person aggrieved as provided in subsection (1) of this section, except no bond shall be required, and such appeal may be otherwise governed by the provisions of this section.
SECTION 5. Section 11-51-85, Mississippi Code of 1972, is amended as follows:
11-51-85. (1) Either
party may appeal to the circuit court of the county from the judgment of any
justice court judge if appeal be demanded and bond given within * * *
twenty (20) days after the rendition of the judgment. The party taking
the appeal shall give bond with a sufficient surety, to be approved by the
clerk of the justice court payable to the opposite party, in the penalty of
double the amount of the judgment, or double the value of the property
involved, and all costs accrued and likely to accrue in the case, and in no
case to be less than One Hundred Dollars ($100.00), conditioned for the payment
of such judgment as the circuit court may render against him; and the appeal,
when demanded and bond given, shall operate as a supersedeas of execution on such
judgment. Any defendant against whom a civil judgment may have been entered by
a justice court judge who, by reason of his poverty, is not able to give bond
may nevertheless appeal from such judgment on his making an affidavit that, by
reason of his poverty, he is unable to give bond or other security to obtain
such appeal, but the appeal in such case shall not operate as a supersedeas of
the judgment. The clerk of the justice court shall at once make up a
transcript of the record and properly transmit the same to the clerk of the
circuit court, within fifteen (15) days after the bond has been filed. In
counties where there is a county court, appeals from justice courts shall be to
the county court.
(2) A copy of the zoning appeal shall also be filed with the city clerk or the chancery clerk's office, whichever is appropriate. The requirement of this subsection shall not affect the perfection of the appeal under this section for purposes of the twenty-day-filing deadline.
SECTION 6. This act shall take effect and be in force from and after July 1, 2026, and shall stand repealed on June 30, 2026.
