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Mississippi Code

Miss. Code Ann. § 19-5-173 (2026)

Board of commissioners; power to enact regulations

✓ current as of July 2026
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The board of commissioners shall have the power to make regulations to secure the general health of those residing in the district; to prevent, remove and abate nuisances; to regulate or prohibit the construction of privy-vaults and cesspools, and to regulate or suppress those already constructed; and to compel and regulate the connection of all property with sewers.

Codes, 1942, § 2998.7-25; Laws, 1972, ch. 536, § 5; Laws, 1973, ch. 370, § 1; ch. 396, § 1, eff. 3/28/1973.

Notes of Decisions
Cited in 4 cases, 2003–2005 · leading case: Green v. Cleary Water, Sewer & Fire Dist., 910 So. 2d 1022 (Miss. 2005).
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Green v. Cleary Water, Sewer & Fire Dist., 910 So. 2d 1022 (Miss. 2005). · cites it 5× “Cleary argues that it is granted such authority under Miss.Code Ann. § 19-5-173 [4] and § 19-5-175.”
Green v. Cleary Water, Sewer & Fire Dist., 910 So. 2d 1 (Miss. Ct. App. 2004). · cites it 2× “See Miss.Code Ann. § 19-5-173 (Rev.2003). The Mississippi On-Site Wastewater Disposal System Law, while not mentioning sewer districts, does not expressly prevent sewer districts from regulating the use or maintenance of individual on-site wastewater disposal systems.”
Harold Green v. Cleary Water, Sewer & Fire Dist. (Miss. 2003). · cites it 3× “4 Miss. Code Ann. § 19-5-173 (Rev. 2003) states: The board of commissioners shall have the power to make regulations to secure the general health of those residing in the district; to prevent, remove and abate nuisances; to regulate or prohibit the construction of privy-vaults…”
Green v. Cleary Water, Sewer & Fire Dist., 239 F. Supp. 2d 608 (S.D. Miss. 2003). “Although the Court expresses no opinion on an interpretation of the statutes in question, the Court does find the statutes to be fairly susceptible to an interpretation that the District has exceeded its authority.”
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