2 Miss. Code. R. 1-3-01-141.01

Current through October 31, 2024

Section 2-1-3-01-141.01 - APPLICATION

Anyone seeking a permit from the state to cultivate a nonnative plant species hereinafter referred to as "NPS", for the purposes of fuel production or purposes other than agriculture, as described in Miss. Code of 1972, § 69-25-10, must submit to the state a written application. An amended application for a permit will be required if the planting will exceed five percent (5%) of the acreage of the original permit. No permits shall be issued for any planting of plants that are on the state or federal noxious weed list. No permit shall be issued unless the applicant is the owner of the property or has written permission from the property owner to utilize the land for NPS plantings for the duration of the life of the permit. Separate permits are required for each nonnative plant species to be planted. Permits shall be good for one year and shall be required to be renewed by the permit holder for continued cultivation of the nonnative plant species. Each application must include the name and address of the applicant, the name of the plant to be cultivated, a legal description of the lands to be under cultivation and the estimated cost of removing and destroying such plants along with the basis for calculating such estimate. If the applicant is a corporation, partnership, or other business entity, the applicant must also provide in the application the name and address of a contact person. The applicant shall notify the department within 10 working days of any change of contact information. In evaluating the permit application, the Department along with representatives of Mississippi State University may visit the proposed growing location and meet with the prospective permit holder to determine if feasible measures can be taken to prevent the spread of the plant, or pests associated with said plant, into neighboring ecosystems. The permit will cover the following subjects, which may be conditions upon which the permit is granted, to-wit:

a. Measures must be taken to prevent spread by seed.

b. A buffer area, wide enough to properly mitigate plant spread into adjacent areas, shall be required. The fallow area may be used singularly or in combination with a berm surrounding the NPS planting.

c. Any equipment used on the site must be cleaned of all plant debris before being moved from the property.

d. Wildfire protection measures will be required to mitigate fire risk and damage to surrounding areas.

e. Measures must be taken to prevent infestation or spread of certain plant pests in the area.

f. A compliance agreement containing any additional terms needed to prevent plant or pest spread shall be signed and will be made an addendum to the permit.

Failure to abide by the terms of the permit will be considered to be a violation of these rules.

2 Miss. Code. R. 1-3-01-141.01