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 09 - Water Dependent Industry › Section 22-23-09-101

Current through June 25, 2024
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 barges,
				cargo vessels, combat ships, dredges, tugboats, floating dry docks, ferry
				boats, landing ships, marine lighters, marine rigging, passenger-cargo vessels,
				trawlers, sailing vessels, submarine tenders tankers, towboats, houseboats, and
				other marine vessels and transportation.
101.03 Fabrication of steel and concrete
				structural assemblies or components requiring water transport because of their
				size, including barge sections, ship sections, large metal buoys, offshore
				platforms and subassemblies, bridge sections, hoists, trusses, beams, and other
				such structural components.
101.04
				Commercial, industrial or manufacturing activities that receive or ship raw
				materials or products by waterborne commerce.
101.05 Siting Criteria
101.05.01 The production site is on the
				landward side of its water access facility and has its smaller dimension on the
				waterfront. The production site is that area occupied by manufacturing
				facilities, including material storage yards, piping, conveyors, other handling
				facilities used in production, and outbuildings housing related manufacturing
				activities. Administration and other detached buildings not integrally related
				with production processes must be located either within the production site or
				on its landward side. The waterfront is the general shoreline of the site,
				notwithstanding inlets, finger canals, and the like. On corner lots, and on
				other parcels having more than one shoreline, the waterfront is a shoreline on
				which a water access facility is located.
101.05.02 To the extent that technical,
				safety, or economic requirements prevent compliance with these guidelines, a
				water dependent industry may site in accordance with such requirements in lieu
				of the criteria in the Guidelines for Water Dependent Industries. Technical
				requirements must be based on professionally accepted design standards or on
				physical requirements that stem from the size, weight, or configuration of raw
				materials or finished products. Safety requirements must be based on either
				laws, rules, regulations or ordinances promulgated by a public entity, or on
				safety standards promulgated by trade, industrial, or engineering associations.
				Economic requirements are considered when compliance with these guidelines will
				preclude an activity's products from being competitive in its usual markets.
				The demonstration that compliance with these guidelines is simply more costly
				than other alternatives will not in and of itself be considered economic
				requirement.
101.05.03 Where
				existing roads, rail lines, structures, or other physical barriers prevent an
				activity from complying with these guidelines by restricting the size of the
				area available for production facilities, structures may be built in a larger
				area to the extent necessary to accommodate the production facilities.
101.05.04 Where a suitable site
				for water dependent industry is covered by special management area plans
				incorporated into the Mississippi Coastal Program, and where the plan
				specifically treats water dependency criteria, the provisions of the special
				management area plan will be used in lieu of the siting criteria in these
				guidelines.