Return to Public trust Tidelands

This section presents the user with the most frequently asked questions and the appropriate responses relative to Public Trust Tidelands.

Questions?

Our Most Frequently Asked Questions:

1. How do I know if I need a tidelands lease?

2. If I have any questions about the process, how do I contact your office?

3. Where is your office located?

4. How do I get a lease?

5. What does a lease cost?

6. Are there any exemptions?

Answers!

to our most Frequently Asked Questions:

1. How do I know if I need a tidelands lease?

Answer:
You must first determine if your proposed project is located on public trust tidelands. Generally, these are all lands naturally subject to tidal influence, up to the line of mean high tide, regardless of the navigability of the waters over them. Every use, other than non-commercial uses eligible for a "General Permit" from the Mississippi Department of Marine Resources, requires a lease from this office.

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2. If I have any questions about the process, how do I contact your office?

Answer:
The coast office is located in Gulfport, at the Wetzel law office, which is at the northwest corner of the intersection of 17th Street and 24th Avenue (1701 24th Avenue, 39501). We are on the first floor. Mailing address: Post Office Box 97, Gulfport, MS 39502. Attn: Margaret Bretz, Telephone: 228-864-0254, Fax: 228-864-0325, e-mail: mbretz@sos.state.ms.us

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3. Where is your office located?

Answer:
The coast office is currently located in Gulfport, at the Wetzel law office, which is at the northeast corner of the intersection of 17th Street and 24th Avenue (1701 24th Avenue, 39501). We are on the first floor.

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4. How do I get a lease?

Answer:
First, if the project is adjacent to the shore, you must be the owner of the adjacent land, or must have the owner's permission for the project. Use the attached application. Since every lease requires the lessee to comply with all applicable laws, statutes, regulations, etc., you will probably also need a permit for the project from the Mississippi Department of Marine Resources (DMR). Contact the Department's Coastal Ecology Division at 228-374-5000, or write or visit the DMR at Suite 101, 1141 Bayview Avenue, Biloxi, MS 39530.

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5. What does a lease cost?

Answer:
The minimum rate is seven cents per square foot per year, but generally we obtain an appraisal of the fair market annual rent.

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6.Are there any exemptions?

Answer:
Public projects of a federal, state, or local governmental entity which serve a higher public purpose of promoting the conservation, reclamation, preservation of the tidelands and submerged lands, public use for fishing, recreation or navigation, or the enhancement of public access to such lands shall be exempt from any use or rental fees. However, a lease is still required. No lease is required for a non-commercial purpose which is eligible for a "General Permit" from the DMR.

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