Mississippi Administrative Code

Coastal Wetlands from the seaward limit of tidal marsh to the limit of the territorial sea, exclusive of dredge material disposal islands and other accretions above mean high tide. Notes 22 Miss. Code. R. 23-03-130 Adopted 10/22/2018

A marina that restricts mooring spaces and docking facilities to members only of a private association organization. Yacht clubs require a "C" for commercial or "I" for industrial use designation. Notes 22 Miss. Code. R. 23-03-131 Adopted 10/22/2018

Unless excluded by M.C.A. § 49-27-7 or § 49-27-9 of the Mississippi Code, every person proposing to conduct or cause to be conducted a regulated activity or an activity on a suitable site for water dependent industry must make application for and secure a permit. These applicatio…

Upon receipt of an application requiring a permit to conduct regulated activities, the Department may provide a copy of the application to the affected public officials listed in M.C.A. § 49-27-13, and must provide a copy of the application to the Coastal Program Agencies at leas…

The Department must publish notice of a date by which written objections to any application must be filed. 101.01 Publication must be no later than sixty (60) days from the receipt of a completed application. 101.02 Notice must be published once a week for at least three (3) cons…

102.01 The Department may schedule a hearing on any application. 102.02 The Department must schedule a hearing on an application if, during the time period in which written objections are required to be filed: 102.02.01 A written request for a hearing is submitted by the applican…

The Commission must base all of its decisions generally on the rules, guidelines, and procedures found in Title 22, Part 23, and specifically on the findings and recommendations of the Department. Notes 22 Miss. Code. R. 23-06-100 Adopted 10/22/2018

The basis of the Commission's decisions must be made a part of its minutes. Notes 22 Miss. Code. R. 23-06-101 Adopted 10/22/2018

In making recommendations for regulated activities, the Department will evaluate the proposed activity against the public policy of coastal wetlands protection in Section 49-27-3 of the Mississippi Code. Preference is to be given to preserving the coastal wetlands in their natura…

In evaluating the public interest and making recommendations for regulated activities, the Department will consider and make findings on the following: 103.01 Applicable legislative and judicial statements of public interest. 103.02 The Coastal Wetlands Use Plan: Permits will be …

All uses in coastal wetlands being legally conducted as of the adoption of Title 22, Part 23 are allowed to continue to the extent provided under existing legal authorization. Normal repair and maintenance of existing and functioning structures above the watermark of mean high ti…

In granting a permit, the Commission may provide for such conditions as may be necessary to ensure compliance with the Coastal Program. Notes 22 Miss. Code. R. 23-06-105 Adopted 10/22/2018

As a condition of granting a permit, the Commission may require mitigation as a means of minimizing net adverse impacts on coastal wetlands. The magnitude of any mitigation requirement must be reasonably related to the magnitude of the activity under consideration. 106.01 Where a…

The Commission may require a performance bond in an amount to be set by the Commission with surety and satisfactory conditions securing to the state compliance with the conditions and limitations set forth in any permit. Notes 22 Miss. Code. R. 23-06-107 Adopted 10/22/2018

Any permit granted will expire on such date and on such terms and conditions as determined by the Commission for such permit. Notes 22 Miss. Code. R. 23-06-108 Adopted 10/22/2018

In accordance with M.C.A. § 49-27-61, the Commission will charge Fifty Cents (50 cent(s)) per cubic yard for any sand or gravel removed from wetlands and Twenty-five Cents (25 cent(s)) per cubic yard for any other materials removed from Coastal Wetlands by a permittee or his agen…

An applicant, or any person, corporation, municipal corporation, county, or interested community group authorized by M.C.A. § 49-27-39 to take an appeal to Chancery Court may request the Commission to reconsider a permit decision. A copy of such request must be provided to the Co…

The Department maintains a digital map that depicts the Coastal Wetlands Use Plan that serves as the basis for permitting. Notes 22 Miss. Code. R. 23-07-100 Adopted 10/22/2018

The Coastal Wetlands Use Plan depicted on this map and presented in this Chapter is binding only on wetlands below the watermark of Mean High Tide. Notes 22 Miss. Code. R. 23-07-101 Adopted 10/22/2018

A permit will not be issued for a regulated activity unless that activity is associated with a use allowed in the Coastal Wetlands Use Plan. Notes 22 Miss. Code. R. 23-07-102 Adopted 10/22/2018

The Commission will not consider the exclusions listed in Chapter 11 to be in compliance with the public policy of wetlands protection unless the activity in question is allowable under the coastal wetlands use plan. Notes 22 Miss. Code. R. 23-07-103 Adopted 10/22/2018

Special Management Area plans adopted pursuant to Chapter 21 shall override the Coastal Wetlands Use Plan. Notes 22 Miss. Code. R. 23-07-104 Adopted 10/22/2018

The Coastal Wetlands Use Plan is divided into use districts. These districts and the allowable uses within each district are described below: 105.01 Industrial Development (I) Districts are coastal wetlands areas designated to accommodate water dependent industrial development. A…

Docks, Piers, Boat Shelters (including boathouses), and Hoists: 100.01 Must be constructed in a manner that will not affect the ebb and flow of the tide. All structures must be configured to minimize adverse environmental impacts. 100.02 Must be of sufficient length to reach navi…

101.01 Must be located in areas which do not require the destruction of sensitive coastal wetlands, and which require minimum dredging to reach adequate water depths; both initial and maintenance dredging must be considered. 101.02 Storm water runoff from boat ramp approaches and…

Marinas, Boat Basins, and Boat Slips: 102.01 Must be located in areas that will have minimal adverse impact on wetlands, water quality, wildlife and marine resources, or sensitive coastal wetlands, and where minimal initial and maintenance dredging will be required. 102.02 Design…

Bulkheads, Seawalls, Breakwaters, Groins and Jetties: 103.01 For erosion control, nonstructural methods must be used in preference to structural methods. Vegetation as a nonstructural method is preferred to structural methods of sloping (3:1) rip-rap, and rip-rap is preferred to …

Cables, Pipelines and Transmission Lines 104.01 Permanent open water canals in coastal wetlands for installation of cables, pipelines and transmission lines are not authorized. Where temporary dredging or excavation is required in coastal wetlands, all dredged/excavated areas mus…

Transportation: 105.01 Bridging must be used in preference to filling to create roadbeds, railways, and other transportation facilities. Suitable erosion control methods must be used on bridge approaches. 105.02 Structures must be designed to preserve natural water flow and circu…

Channels and Access Canals 106.01 Must be designed to ensure adequate flushing and must not create stagnant pockets; they must use existing drainage patterns to maximum advantage; they must be of uniform depth or become gradually shallower proceeding from the receiving body of wa…

Dredged Material Disposal 107.01 All dredged material will be viewed as a potential reusable resource, and all disposal plans must include provisions for access to such resources. 107.02 Dredged material suitable for beach replenishment, habitat restoration and enhancement, const…

Tidal Marsh and Watershed Impoundments 108.01 New tidal marsh impoundments are prohibited except where a proposed impoundment is part of a plan adopted by the Commission following the same procedures used for promulgating regulations. 108.02 Proposals to repair or replace existin…

Drainage Canals or Ditches 109.01 Must not be extended through coastal wetlands or tidally-influenced marshes (except where land subsidence has severely lowered the developed lands). Rather, they must terminate at the landward edge of the coastal wetlands or tidally-influenced ma…

Oil and Gas Exploration and Production 110.01 Directional drilling from existing sites, canals, bayous, deeper bay waters, or non-marsh locations must be used in preference to temporary roads. Temporary roadbeds (preferably plank roads) to provide access from land must be used in…

111.01 Extractions of marine mineral resources (sand, gravel, shell, phosphates, etc.) from coastal wetlands within one thousand five hundred (1,500) feet of tidal marshes or within one (1) mile of the base of live reefs is prohibited except for obtaining cultch material or mater…

112.01 Once-through cooling systems must not be used in areas where fishery organisms are concentrated, specifically in estuaries, inlets, and small coastal embayments. 112.02 Intake and discharge facilities must be sited in areas of low organism concentrations. 112.03 Intakes mu…

113.01 Activities affecting coastal wetlands, but located outside of coastal wetlands must not affect the following characteristics to a greater extent than would otherwise be allowed under Chapter 08, Sections 100 through 112 and 114 through 117: 1. The natural supply of sedimen…

114.01 Permanent filling of coastal wetlands below the mean high tide line because of potential adverse and cumulative environmental impacts is not authorized. 114.02 Permanent filling of coastal wetlands above the mean high tide line for the purpose of constructing public access…

115.01 Must not be located in areas that could impact sensitive coastal wetlands. 115.02 Must be located in areas that require minimal dredging and provisions must be made to provide sufficient upland disposal areas to store maintenance dredging material for a minimum of fifty (5…

116.01 Must not be located in critical habitat or sensitive coastal wetlands areas. 116.02 Only minimal dredging or filling necessary to create/maintain serviceable intake/discharge structures will be allowed. 116.03 Thermal discharges must not be located in critical habitat or s…

117.01 Dredging or excavation of sensitive coastal wetlands is not authorized. 117.02 Dredged or excavated material must not be placed in coastal wetlands unless prior or concurrent authorization is obtained. 117.03 A minimum ten-foot (10-foot) buffer must be maintained between d…

Variances to the Requirements for Regulated Activities may be granted at the discretion of the Commission, based on findings and recommendations from the Department. To petition for a variance to the requirements, an applicant must identify the requirement(s) to which a variance …

The Department will find the following to be water dependent industry: 100.01 Activities that meet the definition in M.C.A. § 49-27-5(i). 100.02 Water access facilities, including piers, docks, wharfs, dolphins, skids, marine launchways, dry docks, graving docks, launching ramps,…

The following are water dependent industries to the extent that they comply with the siting criteria below: 101.01 Commercial and sportfishing facilities, including finfish and shellfish processing plants and large commercial docking facilities. 101.02 Shipbuilding and repair for…

In cases where a permit is required for the erection of structures on suitable sites for water dependent industry, because the structure is being built by a non-water dependent industry, the Department will consider the following in making its recommendations, along with comments…

Guidelines for Beaches - Permanent structures should not be built on the open beach except for facilities such as piers, public restrooms, and lifeguard stations. Beaches should be well supplied with trash receptacles and sanitary facilities. When additional parking is needed in …

Guidelines for Islands and Dunes - Any structure should blend visually with the natural landscape and should not extend above the natural silhouette of the island, excluding lighthouses and aids to navigation. Except for low, visually unobstructing access facilities such as piers…