Mississippi Administrative Code

Guidelines for Building Exteriors - In the case of large scale facilities, building mass should be broken into component units if doing so will permit some units to be better integrated into site topography. Roof form and silhouette should be varied and styled to harmonize with t…

Guidelines for General Landscaping - Natural vegetation should be preserved wherever practicable. It is the intent of this guideline to require the deliberate consideration of preserving natural vegetation through good design. Landscaping should be used to enhance, not replace, n…

Guidelines for Site Furniture - The shore environment is particularly sensitive to the visual intrusions caused by billboards, utility poles and transmission lines, fences, and similar fixtures. Fencing, wastebaskets, park benches and lighting fixtures should be designed and buil…

Guidelines for Utilities - Utility lines should be underground where practicable, and those located above ground should be designed and located so that they avoid scenic areas, blend with the surrounding landscape or are screened from public view. These guidelines recognize that …

Certain activities are excluded from the requirement to secure a permit based on the nature of the activity, the area where the activity would occur, or the entity proposing the activity. Notes 22 Miss. Code. R. 23-11-100 Adopted 10/22/2018

Activities that would otherwise be regulated must at all times adhere to the policy as set forth in M.C.A. § 49-27-3. Notes 22 Miss. Code. R. 23-11-101 Adopted 10/22/2018

Parties proposing to conduct excluded activities other than those listed in Subsections 104.03 and 104.04 of this chapter must notify the Department in accordance with Chapter 04. Notes 22 Miss. Code. R. 23-11-102 Adopted 10/22/2018

When an application for an excluded activity is received, the Department will prepare a set of findings as to whether the proposed activity is in compliance with the public policy of wetlands protection in Section 49-27-3 of the Mississippi Code. 103.01 These findings will be pre…

The following activities, areas, and entities are excluded from the need to secure a permit for regulated activities 104.01 The accomplishment of emergency decrees of any duly appointed health officer of a county or municipality or of the state, acting to protect the public healt…

Excluded activities proceeding without authorization under a Certificate of Exclusion or Certificate of Waiver are subject to enforcement action, as provided for in Chapter 12. Notes 22 Miss. Code. R. 23-11-105 Adopted 10/22/2018

The Department is responsible for inspection activities to ensure that the CWPA is upheld. Individuals are requested to report any apparent violations of the CWPA to the Department. Notes 22 Miss. Code. R. 23-12-100 Adopted 10/22/2018

If a permittee exceeds the scope of or does not substantially comply with one or more of the conditions or limitations set forth in a Permit, Certificate of Exclusion, Certificate of Waiver, or other authorization granted by the Commission, the Executive Director, or their design…

Procedures for action against a permittee or party proceeding without proper authorization will be halted if the affected party makes satisfactory arrangements to bring the activity into conformance with the permit or the apparent violation into compliance with the CWPA. The prep…

If a permittee proceeds contrary to a suspension or revocation of Permit, Certificate of Exclusion, or Certificate of Waiver, the Attorney General will be requested to initiate action immediately. Notes 22 Miss. Code. R. 23-12-103 Adopted 10/22/2018

Section 307 of the Coastal Zone Management Act authorizes states to review federal actions that may have reasonably foreseeable effects on coastal uses and resources of the state's coastal zone for consistency with the enforceable policies of the state coastal management program.…

Upon receipt of a consistency determination, as required under 15 C.F.R. § 930.34 (for activities conducted by federal agencies) or consistency certification as required under 15 C.F.R. § 930.57 (for activities authorized by federal agencies), 15 C.F.R. § 930.76 (for outer contin…

The Department must provide a copy of the consistency determination or certification to the Coastal Program Agencies at least thirty (30) days prior to the issuance of a concurrence with, conditional concurrence with, or objection to the federal action. Notes 22 Miss. Code. R. 23…

The following activities conducted by or on behalf of Federal agencies are subject to review under 15 C.F.R. § 930, Subpart C. Federal agencies are required to submit either a consistency determination or negative determination to the Department for each of the listed activities …

Except for Outer Continental Shelf (OCS) related permits and licenses described in detail in an OCS plan, applications for federal licenses or permits listed below or for renewal or amendments to such licenses or permits are subject to review in accordance with 15 C.F.R. § 930, S…

The submission and review of consistency certifications for OCS exploration, development, and production activities shall follow the requirements of 15 C.F.R. § 930, Subpart E. Notes 22 Miss. Code. R. 23-16-100 Adopted 10/22/2018

The Federal assistance activities to State and local government entities listed below are subject to review under 15 C.F.R. § 903, Subpart F. The applicant shall provide a consistency certification to the Department. Notes 22 Miss. Code. R. 23-17-100 Adopted 10/22/2018

Notice of concurrence with, conditional concurrence with, or objection to the consistency certification will be provided no later than sixty (60) days following receipt of the consistency certification. Coastal Program consistency may be presumed if no response is received within…

All State actions listed in this section are considered reviewable unless otherwise determined to be consistent. Agency actions not listed in this section are not subject to these policy coordination procedures. However, state agency actions taken pursuant to laws adopted after t…

In accordance with M.C.A. § 57-15-6 all state agencies must carry out their responsibilities in the coastal area in compliance with the PROGRAM unless otherwise prohibited by law. Some of these actions are reviewable and therefore subject to the entire review procedure. Some may …

Agencies proposing reviewable actions must submit such actions for review at least sixty (60) days prior to such action, provided that surface mining permits issued through the DEQ will have a forty-five-day (45-day) review period so that reviews under these policy coordination p…

The Department will provide a copy of the notification to the Coastal Program Agencies at least thirty (30) days prior to a determination of Coastal Zone Consistency. The Coastal Program Agencies must review the proposed action in accordance with their responsibilities as describ…

Based upon Coastal Program Agency review and the consistency certification procedures in Chapter 19, the Department will notify the state agency whether or not the Coastal Program has determined the activity to be consistent to the maximum extent practicable with the PROGRAM. 101…

In the event of disagreement, the Department will utilize any remaining portion of the review period to attempt to resolve its differences with the state agency. This Chapter pertains only to the review of state agency actions listed in Chapter 18. Notes 22 Miss. Code. R. 23-19-1…

The Department will issue a Coastal Program Consistency Certification if no Coastal Program Agency has objected to the proposed action on the basis of regulatory policies, guidelines, or statutes. If a Coastal Program Agency has not commented within the allotted review time, its …

Conditional Consistency Certifications may be issued by the Department if requested by a Coastal Program Agency based on regulatory policies, guidelines, or statutes. The proposed action will be considered in compliance with the PROGRAM only if the specified conditions are met. A…

A Consistency Certification may be withheld without prejudice if a Coastal Program Agency finds that there is insufficient information to make a determination whether a proposed activity complies with the provisions of the PROGRAM for which such agency has statutory responsibilit…

If a Coastal Program Agency objects to a proposed action on the basis that it does not comply with the provisions of the PROGRAM for which that agency has statutory responsibilities, then such action will not be considered in compliance with the PROGRAM. The agency proposing the …

At times, an action subject to review may not be ready for a determination of coastal program consistency because the notification is insufficiently specific about the activity's location and impacts. In this case, reviewing agencies must request from the applicant the additional…

If an agency proceeds with its proposed action over an adverse determination from a Coastal Program Agency, or if an agency refuses to comply with any required conditions, the Department will prepare a set of findings describing the proposed actions and their conflicts with the P…

If a Consistency Certification is withheld for any reason, the agency proposing the reviewable action may elect to utilize the Conflict Resolution Procedure described below: 109.01 The agency proposing the reviewable action must submit a written request to the Department to utili…

The Coastal Program Agencies must review the applications, notifications, and certifications provided in accordance with Chapter 05, Chapter 13, and Chapter 18 and will determine whether a proposed activity complies with the provisions of the coastal program for which such agenci…

The Coastal Program Agencies must: 101.01 State whether they object or do not object to issuance of a permit for the proposed regulated activities and, in the case of an objection, state the specific reasons for this objection. 101.02 Request any additional information or time ne…

If a Coastal Program Agency has not commented within the allotted review time, its concurrence with the proposed activity will be assumed. Notes 22 Miss. Code. R. 23-20-102 Adopted 10/22/2018

Agencies other than Coastal Program Agencies are encouraged to review and comment on proposed actions, but such comments will be considered as informational comments. Notes 22 Miss. Code. R. 23-20-103 Adopted 10/22/2018

The purposes of special management area designation are: 100.01 To apply the general provisions of the coastal program to specific geographical areas 100.02 To streamline regulatory decisions in these areas through planning for and resolving permit conflicts in advance of individ…

A SMA designation does not authorize the imposition of new regulatory authorities. SMA designations are not mandatory and will not be construed to require local governments to agree to a plan for an area. SMA plans will not be adopted by the Commission without the concurrence of …

Those SMAs identified in the PROGRAM as of the date these procedures and guidelines are adopted, are designated as SMAs. The following process will be used to designate additional SMAs. 102.01 An area may be nominated by a concerned agency, organization, or person. The nomination…

The responsible local government and the Commission, acting through the Department, will enter into an agreement to develop a SMA Plan. The agreement may be at the initiative of either party. The agreement must state the scope of work to be performed, the responsibilities of the …

SMA Plans must define the boundaries of the area, and provide a clear description of how the physical development of the area is to be managed. Notes 22 Miss. Code. R. 23-21-104 Adopted 10/22/2018

SMA Plans must recognize environmental and economic factors, and where a plan is intended to prevail over the more general provisions of the PROGRAM, the plan must include analyses of environmental impacts and alternatives comparable to that ordinarily required for permit decisio…

SMA Plans must specify the implementation responsibilities of local, state, and federal agencies, and include any interagency agreements and similar instruments necessary for carrying out the plan. Notes 22 Miss. Code. R. 23-21-106 Adopted 10/22/2018

Each chapter and subchapter of this Part is separable. If any chapter, subchapter or part is held invalid or unconstitutional, the balance of the Part remains in full force and effect. Notes 22 Miss. Code. R. 23-23-100 Adopted 10/22/2018