Can the Mississippi Soil and Water Conservation Commission accept federal money for flood-control studies and design work, and can it operate in counties inside Mississippi River levee districts without those counties' permission?

Plain-English summary

The Executive Director of the Mississippi Soil and Water Conservation Commission asked two questions. First, can the Commission take federal money to fund geologic and hydrologic studies and to design flood-control solutions, all in furtherance of the legislative policy in Section 69-27-3 of preventing flood damage? Second, in counties that are inside a Mississippi River levee district, does Section 69-27-5 require the county board of supervisors to formally agree (with 30 days' notice) before the Commission can do that work there?

The AG's answer to the first question is yes, conditionally. Section 69-27-13(f) and (g) give the Commission broad authority to seek, receive, and administer federal funds. Section 69-27-13(j) lets the Commission "study, classify and evaluate land use needs and problems" and "make recommendations leading to adoption of land use policy and broad guidelines." If the Commission determines that the geologic/hydrologic studies and the flood-control modeling and design fit within those statutory categories, the work is authorized. Whether they fit is a fact question for the Commission's board, not the AG.

The answer to the second question is yes. Section 69-27-5 says: "None of the provisions of this article shall apply to any county which is in whole or in part within a levee district bordering on the Mississippi River, unless an order has been passed by the board of supervisors of such county after thirty (30) days notice by publication of its intention so to do." That gates Commission activity in any levee-district county on the local board's affirmative consent through a noticed order.

The opinion notes that Article XI of the Mississippi Constitution establishes levee districts and boards of levee commissioners. Its conclusion on the county-order requirement rests on the quoted text of Section 69-27-5.

What this means for you

Soil and Water Conservation Commission staff and board members

The opinion says Section 69-27-13(f) and (g) give the Commission general authority to receive and administer federal and other funds for its duties. Whether the proposed studies and flood-control modeling or design fall within subsection (j)'s land-use work is a factual determination for the Commission. The AG expressly declines to make it.

County supervisors in a Mississippi River levee district

Section 69-27-5 says the Commission's authority under this article applies in a county wholly or partly within a Mississippi River levee district only after the board of supervisors passes an order following 30 days' published notice of its intention.

Federal grant program managers

The opinion distinguishes the Commission's general authority to receive and administer federal funds from whether the specific proposed activities fit its statutory duties. It does not approve the proposed studies or design work without the Commission's factual determination under subsection (j).

Common questions

Q: Did the AG approve the proposed geologic and hydrologic studies?
A: The AG said the Commission may conduct them if it determines they concern "land use needs and problems in the State of Mississippi" under Section 69-27-13(j). The AG said that fit is a factual question it cannot decide.

Q: Did the AG approve flood-control modeling and design?
A: Only conditionally. The Commission must determine whether that work is part of "recommendations leading to adoption of land use policy and broad guidelines" under subsection (j).

Q: Can the Commission work in a county within a Mississippi River levee district without a county order?
A: The AG says its authority under the article applies there only if the board of supervisors passes an order after 30 days' notice by publication of its intention.

Background and statutory framework

Section 69-27-3 identifies flood control and prevention of flood damage among the Legislature's soil and water conservation policies. Section 69-27-13(f) and (g) give the Commission general authority to receive and administer federal and other funds for its duties. Subsection (j) concerns study and evaluation of land-use needs and recommendations for land-use policy. The AG leaves whether the proposed work falls within subsection (j) to the Commission as a factual matter.

Section 69-27-5 withholds the article's application in a county wholly or partly within a levee district bordering the Mississippi River unless its board of supervisors passes an order after 30 days' published notice. The AG applies that condition to the Commission's authority to act in those counties.

Citations and references

Constitution:

• Miss. Const. art. XI, §§ 228-229 (levee districts; boards of levee commissioners)

Statutes:

• Miss. Code Ann. § 7-5-25 (AG opinion authority)
• Miss. Code Ann. § 69-27-3 (soil and water conservation policy)
• Miss. Code Ann. § 69-27-5 (levee district counties consent requirement)
• Miss. Code Ann. § 69-27-13 (Commission powers and duties)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2025/12/N.-Ivy-December-16-2025-Activities-of-Mississippi-Soil-and-Water-Conservation-Commission.pdf

Original opinion text

December 16, 2025

Mr. Nick Ivy, Executive Director
Mississippi Soil and Water Conservation Commission
680 Monroe Street
Jackson, Mississippi 39202

Re: Activities of Mississippi Soil and Water Conservation Commission

Dear Mr. Ivy:

The Office of the Attorney General has received your request for an official opinion.

Questions Presented

1. Does the Mississippi Soil and Water Conservation Commission (the "Commission") have authority under Mississippi Code Annotated Section 69-27-13 to administer federal funds to undertake geologic and hydrologic studies and to undertake modeling/design of flood control solutions, all to carry out the policy in Section 69-27-3?

2. Where these activities would be conducted in a county within a levee district, does Section 69-27-5 require an order of that county's board of supervisors after 30 days' notice?

Brief Response

1. Yes, if the Commission determines that the subject studies fall within the category of "land use needs and problems in the State of Mississippi" and that the modeling/design of flood control solutions are part of "recommendations leading to adoption of land use policy and broad guidelines for meeting the needs and problems so identified," as set forth in Section 69-27-13(j).

2. Yes. Provisions affording the Commission authority to act would only apply to counties within a levee district when "an order [is] passed by the board of supervisors of such county after thirty (30) days notice by publication of its intention to do so." Miss. Code Ann. § 69-27-5.

Applicable Law and Discussion

You first ask if the Commission has authority under Section 69-27-13 to administer federal funds to undertake geologic and hydrologic studies and to undertake modeling/design of flood control solutions, all to carry out the policy in Section 69-27-3.

Section 69-27-3(d) sets forth that "[i]t is . . . the policy of the legislature to provide for the conservation of the water and soil resources of this state . . . and thereby to . . . control floods," among other things, including "alleviat[ing] and prevent[ing] flood damage." Section 69-27-3(c) provides appropriate corrective methods for carrying out this legislative policy, such as "appropriate water and soil conserving practices be[ing] adopted and carried out."

The Commission has been given specific duties and powers to achieve such policy under Section 69-27-13, including but not limited to:

> (a) To offer any assistance as may be appropriate to the commissioners of soil and water conservation districts in the carrying out of their powers and programs.
> ...
> (d) To secure the cooperation and assistance of the United States and any of its agencies and of agencies of this state in the work of the districts.
> ...
> (f) To seek and receive grants of monies, and other assets, from any source to carry out this article.
> (g) To distribute any appropriated or other funds or assets under its control, from state, federal or other governmental agencies or political subdivisions, or from private grants, including matching funds to districts.
> ...
> (j) To study, classify and evaluate land use needs and problems in the State of Mississippi; to make recommendations leading to adoption of land use policy and broad guidelines for meeting the needs and problems so identified.
> ...
> (l) To enter into and to authorize the executive director to execute with the approval of the commission, contracts, grants, cooperative agreements and memoranda of understanding with any federal or state agency or subdivision thereof, or any public or private institution location inside or outside the State of Mississippi, or any person, corporation or association in connection with carrying out the purposes of this article.

(emphasis added).

As shown, Sections 69-27-13(f) and (g) clearly provide the Commission with the general authority to receive and administer federal and other funds to conduct its duties. Section 69-27-13(j) provides the Commission with the authority to "study, classify and evaluate land use needs and problems in the State of Mississippi; to make recommendations leading to adoption of land use policy and broad guidelines for meeting the needs and problems so identified." Accordingly, if the Commission determines that the subject studies fall within the category of "land use needs and problems in the State of Mississippi" and that the modeling/design of flood control solutions are part of "recommendations leading to adoption of land use policy and broad guidelines for meeting the needs and problems so identified," then the answer to your first question is yes. Such determination is ultimately factual and thus cannot be made by this office. See Miss. Code Ann. § 7-5-25 (granting the Attorney General the authority to opine upon prospective matters of Mississippi law only).

As to your second question, in order to carry out any acts for which the Commission does have authority, Section 69-27-5 provides:

> None of the provisions of this article shall apply to any county which is in whole or in part within a levee district bordering on the Mississippi River, unless an order has been passed by the board of supervisors of such county after thirty (30) days notice by publication of its intention so to do.

It is thus the opinion of this office that all provisions providing the Commission with authority to act would only apply to counties within a levee district when "an order [is] passed by the board of supervisors of such county after thirty (30) days notice by publication of its intention to do so." Miss. Code Ann. § 69-27-5. We note that levees are exclusively addressed in Article XI of the Constitution of the State of Mississippi, which establishes levee districts and boards of levee commissioners. See MISS. CONST., ART. XI §§ 228-229.

If this office may be of any further assistance to you, please do not hesitate to contact us.

Sincerely,

LYNN FITCH, ATTORNEY GENERAL

By: /s/ Maggie Kate Bobo
Maggie Kate Bobo
Special Assistant Attorney General