Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 23 - RULES AND REGULATIONS FOR THE COASTAL WETLANDS PROTECTION LAW AND THE MISSISSIPPI COASTAL PROGRAM › Chapter 06 - Application Evaluation › Section 22-23-06-103

Current through June 25, 2024
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 granted only for projects allowed by the Use Plan. The Plan is divided
				into use districts with specific allowable uses within each district as
				specified in Chapter 07. Changes to the Use Plan may be granted at the
				discretion of the Commission, based on findings and recommendations from the
				Department. The process for requesting and justifying a change to the Use Plan
				is described in Chapter 07.
103.03
				Requirements for Conducting Regulated Activities: The applicable requirements
				for conducting regulated activities as specified in Chapter 08 must be followed
				unless the applicant specifically requests and justifies a variance. Variances
				may be granted at the discretion of the Commission, based on findings and
				recommendations from the Department. The process for requesting and justifying
				a variance is described in Chapter 08.
103.04 Precedent setting effects and existing
				or potential cumulative impacts of similar or other development in the project
				area.
103.05 The extent to which
				the proposed activity would directly and indirectly affect the biological
				integrity and productivity of coastal wetlands communities and ecosystems.
103.06 The full extent of the
				project, including impacts induced by the project, both intended and unintended
				but reasonably anticipated.
103.07
				The extent of any adverse impact that can be avoided through project
				modifications, safeguards, or other conditions, (e.g., piers in lieu of channel
				dredging).
103.08 The extent of
				alternative sites available to reduce unavoidable project impacts.
103.09 The extent to which a proposed
				activity requires a waterfront location: Upon notice from parties proposing to
				erect structures on suitable sites for water dependent industry as defined in
				M.C.A. §
									49-27-5(i),
				the Department will make a finding as to whether the proposed activity is the
				construction of a home, fish camp, or similar structure by an individual on his
				own property, or as to whether the proposed activity is a water dependent
				industry within the meaning of M.C.A. §
									49-27-5(i)
				of the Mississippi Code. Chapter 09 specifies that certain activities and
				facilities will be considered to be water dependent and provides guidelines for
				evaluating applications for non-water dependent facilities on suitable sites
				for water dependent industry.
103.10 The preservation of natural scenic
				qualities: Private parties and local governments are encouraged, but not
				required to consider the guidelines in Chapter 10 when planning projects
				involving regulated activities. Where a conflict arises between these
				guidelines and a Special Management Area as designated and approved under
				Chapter 21, the provisions of the Special Management Area Plan will prevail.
103.11 The national interest: The
				following aspects of the national interest will be considered.
103.11.01 The need for national defense and
				to establish and maintain facilities necessary to accomplish national defense
103.11.02 The National Energy
				Policy
103.11.03 The need to
				improve public recreational opportunities
103.11.04 The national need for
				transportation, including ports and navigation
103.11.05 The protection of federally listed
				endangered flora and fauna. The Department will consult with the Mississippi
				Natural Heritage Program and the U. S. Fish and Wildlife Service concerning
				projects that may affect endangered flora and fauna
103.11.06 The consideration of wild and
				scenic rivers and the coordination of activities affecting such rivers with
				efforts under the Wild and Scenic Rivers Act
103.11.07 The reduction of the loss of life
				and property damage from natural hazards, including flooding and erosion. In
				this connection, consideration will be given to protecting the physical
				integrity of Mississippi's barrier islands so that they may continue to shelter
				the coastal area from devastation