reglab/statecodes huggingface dataset:
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 02 - Justification and Authority › Section 22-23-02-105

Current through June 25, 2024
The Commission is authorized by M.C.A. §
									49-27-23
				  to grant, issue, reissue, modify, deny, suspend or revoke permits and to limit
				  or condition issued permits in keeping with a consideration of the public
				  policy expressed in M.C.A. §
									49-27-3.
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 02 - Justification and Authority › Section 22-23-02-106

Current through June 25, 2024
The Commission has determined that certain mandatory
				  requirements must be satisfied in order for an impact or activity to be
				  authorized or for any activity or agency action to be deemed consistent with
				  the PROGRAM.
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 03 - Definitions › Section 22-23-03-100 - ACCESS PIER

Current through June 25, 2024
A pier or similar structure roughly perpendicular to the
				  shoreline necessary to link docks, piers, boat shelters, hoists, and similar
				  structures to land.
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 03 - Definitions › Section 22-23-03-101 - BENEFICIAL USE OF DREDGED MATERIAL

Current through June 25, 2024
The use of dredged material for the restoration, enhancement,
				  or protection of coastal habitats and ecosystems in accordance with M.C.A.
				  §
									49-27-61.
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 03 - Definitions › Section 22-23-03-102 - COASTAL PROGRAM AGENCIES

Current through June 25, 2024
The Mississippi Department of Marine Resources, the
				  Mississippi Department of Environmental Quality-Office of Pollution Control,
				  the Mississippi Department of Environmental Quality-Office of Land and Water
				  Resources, and the Mississippi Department of Archives and History. These
				  agencies have administrative responsibilities for implementing the goals of the
				  coastal program.
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 03 - Definitions › Section 22-23-03-103 - COASTAL WETLANDS

Current through June 25, 2024
All publicly-owned lands subject to the ebb and flow of the
				  tide; which are below the watermark of mean high tide (MHT); all publicly-owned
				  accretions above the watermark of mean high tide and all publicly-owned
				  submerged water-bottoms below the watermark of mean high tide and includes the
				  flora and fauna on the wetlands and in the wetlands.
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 03 - Definitions › Section 22-23-03-104 - COASTAL ZONE

Current through June 25, 2024
Hancock, Harrison, and Jackson Counties seaward to the
				  State's jurisdictional limits.
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 03 - Definitions › Section 22-23-03-107 - DREDGING

Current through June 25, 2024
The removal or displacement by any means of soil, sand,
				  gravel, shells or other material
,
whether of intrinsic value
				  or not, from coastal wetlands or areas in the Coastal Zone below MHT.
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 03 - Definitions › Section 22-23-03-108 - EXCAVATION

Current through June 25, 2024
The removal or displacement of soil above MHT which results
				  in the affected area being made subject to regular tidal inundation.
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 03 - Definitions › Section 22-23-03-110 - FAILED STRUCTURE

Current through June 25, 2024
A structure that has deteriorated to the point that it no
				  longer provides the intended and original function.
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 03 - Definitions › Section 22-23-03-111 - FAILING STRUCTURE

Current through June 25, 2024
A structure that has structural weaknesses but that still
				  provides the intended and original function.
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 03 - Definitions › Section 22-23-03-112 - FILLING

Current through June 25, 2024
The displacement of waters by deposition of soil, sand,
				  gravel, shells, or other material into Coastal Wetlands or the Coastal Zone; or
				  the artificial alteration of water levels or water currents by physical
				  structures, drainage ditches or otherwise.
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 03 - Definitions › Section 22-23-03-113 - MAINTENANCE

Current through June 25, 2024
Care or upkeep of facilities or structures in order to
				  preserve their condition, purpose, and or function.
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 03 - Definitions › Section 22-23-03-114 - MARINA

Current through June 25, 2024
A facility providing more than twelve (12) mooring spaces for
				  boats that may provide supplies and services including electricity, fresh
				  water, fuel or sewage collection facilities.
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 03 - Definitions › Section 22-23-03-115 - MEAN HIGH TIDE

Current through June 25, 2024
The arithmetic mean of all the high waters occurring in a
				  particular nineteen-year (19-year) tidal epoch period or for a shorter period
				  of time after corrections are applied to the short term observations to reduce
				  these values to the equivalent nineteen-year (19-year) value.
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 03 - Definitions › Section 22-23-03-116 - MEAN LOW WATER

Current through June 25, 2024
The arithmetic mean of all the low waters occurring in a
				  particular nineteen-year (19-year) tidal epoch period or for a shorter period
				  of time after corrections are applied to the short term observations to reduce
				  these values to the equivalent nineteen-year (19-year) value.
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 03 - Definitions › Section 22-23-03-117 - MISSISSIPPI COASTAL PROGRAM (PROGRAM)

Current through June 25, 2024
The consolidated statement of State policy in the coastal
				  area, as prescribed by M.C.A. §
									57-15-1
et seq.,
including all narratives, descriptive materials,
				  maps, figures, and tables.
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 03 - Definitions › Section 22-23-03-118 - MISSISSIPPI COASTAL WETLANDS PROTECTION ACT (CWPA)

Current through June 25, 2024
MCA. §§
									49-27-1
et seq.
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 03 - Definitions › Section 22-23-03-119 - PERSON

Current through June 25, 2024
Any natural person, partnership, joint stock company,
				  corporation, unincorporated association or society, or the state and any agency
				  thereof, or any county, municipality or political subdivision, or any other
				  corporation of any character whatsoever.
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 03 - Definitions › Section 22-23-03-120 - PRIVATE SINGLE-FAMILY OR MULTI-FAMILY PIER

Current through June 25, 2024
A pier that is part of an adjacent single-family home
				  subdivision or multi-family condominium or apartment development that provides
				  mooring spaces and docking facilities restricted for use by only home owners or
				  tenants of the adjacent development. Private single-family and multi-family
				  piers with twelve (12) or fewer mooring spaces are compatible with a "G" for
				  general use designation. Private single-family and multi-family piers with more
				  than twelve (12) mooring spaces require a "C" for commercial use designation.
				  Commercial vessels may not be moored in a multi-family pier.
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 03 - Definitions › Section 22-23-03-121 - PUBLIC BEACH

Current through June 25, 2024
Any beach which has been dedicated to the public or in which
				  the public has a right of use by easement, prescription, custom, government
				  ownership, or any other act, law or instrument.
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 03 - Definitions › Section 22-23-03-122 - PUBLIC MARINA

Current through June 25, 2024
A marina that offers mooring spaces and docking facilities
				  for lease by the general public. Public marinas include recreational and
				  commercial marinas, and they require a "C" for commercial or "I" for industrial
				  use designation.
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 03 - Definitions › Section 22-23-03-123 - REGULATED ACTIVITIES

Current through June 25, 2024
The dredging, excavating or removing of sediment, mud, sand,
				  gravel, flora, fauna, or aggregate of any kind from any coastal wetlands; the
				  dumping, filling or depositing of any soil, stones, sand, gravel, mud,
				  aggregate of any kind or garbage, either directly or indirectly, on or in any
				  coastal wetlands; killing or materially damaging any flora or fauna on or in
				  any coastal wetlands; the erection on coastal wetlands of structures which
				  materially affect the ebb and flow of the tide; and the erection of any
				  structure on suitable sites for water dependent industry. The use of the term
				  "indirectly" in this definition covers the possibility of activities located
				  outside of coastal wetlands that cause dumping, filling, or depositing in
				  coastal wetlands.
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 03 - Definitions › Section 22-23-03-124 - REPAIR

Current through June 25, 2024
Restoring facilities or structures to their original
				  condition, purpose, and function.
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 03 - Definitions › Section 22-23-03-125 - SENSITIVE COASTAL WETLANDS

Current through June 25, 2024
Coastal Wetlands containing submerged aquatic vegetation,
				  emergent marsh vegetation, shellfish beds, fishing reefs, and hard banks
				  containing reef building organisms.
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 03 - Definitions › Section 22-23-03-127 - SUITABLE SITES FOR WATER DEPENDENT INDUSTRY

Current through June 25, 2024
Those areas of land which are suitable for the development of
				  water dependent industry because of their proximity to waters of navigable
				  depth, size and configuration, topography, soil conditions and access to other
				  means of transportation. The definition is limited to, but does not necessarily
				  include, waterfront sites owned by county port authorities, development
				  commissions and port and harbor commissions, and to areas that are now or are
				  later made to be within one thousand (1,000) feet of the centerline of any
				  natural or maintained channel having a depth of seven (7) feet or greater at
				  mean low water. However, additional sites may be included in the definition of
				  suitable sites for water dependent industry with the concurrence of the board
				  of supervisors in the county affected.
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 03 - Definitions › Section 22-23-03-128 - TIDAL MARSH

Current through June 25, 2024
Areas of vegetated lands from the watermark of MHT seaward to
				  a point where the vegetation ceases to exist.
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 03 - Definitions › Section 22-23-03-129 - WATER DEPENDENT INDUSTRY

Current through June 25, 2024
Those commercial, industrial, or manufacturing activities
				  which, for purposes basic to their existence, must occur or locate on or
				  adjacent to the estuaries, sounds, channels, shores or marshlands of the coast.
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 03 - Definitions › Section 22-23-03-130 - WATER BOTTOMS

Current through June 25, 2024
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.
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 03 - Definitions › Section 22-23-03-131 - YACHT CLUB MARINA

Current through June 25, 2024
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.
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 05 - Public Notice and Hearings › Section 22-23-05-100

Current through June 25, 2024
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
				  least thirty (30) days prior to issuance of a permit to allow for their review
				  in accordance with Chapter 20.
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 05 - Public Notice and Hearings › Section 22-23-05-101

Current through June 25, 2024
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) consecutive weeks in at least one (1) newspaper of
				general circulation in the county of the affected wetlands.
101.03 The last publication must be made not
				more than seven (7) days prior to the date by which written objections must be
				filed.
101.04 The published notice
				must describe the site of the proposed activity and give a description of the
				proposed regulated activity.
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 05 - Public Notice and Hearings › Section 22-23-05-102 - Hearings

Current through June 25, 2024
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 applicant.
102.02.02 A hearing is requested or written
				objections are submitted to the application by a political subdivision, an
				agency, or five (5) or more persons affected by the application.
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 22-23-06-100

Current through June 25, 2024
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.
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 22-23-06-102

Current through June 25, 2024
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 natural state, and the burden of demonstrating the higher
				  public interest in altering coastal wetlands rests with the party proposing the
				  alteration.
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 22-23-06-104

Current through June 25, 2024
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 tide does
				  not require a permit. All structures below the watermark of mean high tide
				  require prior authorization before repair or alteration and any alteration of
				  location, size, or configuration of an existing structure requires prior
				  authorization. Failed structures that are not serving the purpose for which
				  they were constructed must conform to current guidelines. Failing structures
				  may be granted authorization for repairs in their original location, size,
				  configuration and design at the discretion of the Executive Director or their
				  delegate
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 22-23-06-105

Current through June 25, 2024
In granting a permit, the Commission may provide for such
				  conditions as may be necessary to ensure compliance with the Coastal
				  Program.
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 22-23-06-106

Current through June 25, 2024
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 an area management plan is in
				force, the Commission will not require mitigation above and beyond that called
				for in the plan. In the absence of an area management plan, mitigation will be
				determined on a case-by-case basis.
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 22-23-06-107

Current through June 25, 2024
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.
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 22-23-06-108

Current through June 25, 2024
Any permit granted will expire on such date and on such terms
				  and conditions as determined by the Commission for such
				  permit.
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 22-23-06-109

Current through June 25, 2024
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 agent under the terms of any permit issued. This regulation does not
				  authorize or promote the direct sale of material from coastal wetlands. The
				  purpose of this regulation is to ensure that the State of Mississippi is fairly
				  compensated for materials removed from Coastal Wetlands in conjunction with the
				  conduct of a regulated activity.
109.01 There will be no charge levied by the
				Commission for the removal of one hundred (100) cubic yards or less of any
				material removed from wetlands by a permittee or his agent under the terms of
				any permit issued.
109.02 The
				Commission may waive these charges on any project of a governmental agency or
				any project wherein expenditures are made as the result of a governmental grant
				or governmental bond proceeds.
109.03 Any party participating in the
				beneficial use of dredge materials programs under M.C.A. §
									49-27-61(2)
				 will be exempt from these
				charges.
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 22-23-06-110

Current through June 25, 2024
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 Commission,
				  which will consider the request and may secure any additional information it
				  deems necessary, either through the Department or through testimony from
				  interested parties. Any party named may appeal from the Commission's decision
				  to Chancery Court in accordance with M.C.A. §
									49-27-39
				  through §
									49-27-49.
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 07 - Coastal Wetlands Use Plan › Section 22-23-07-100

Current through June 25, 2024
The Department maintains a digital map that depicts the
				  Coastal Wetlands Use Plan that serves as the basis for
				  permitting.
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 07 - Coastal Wetlands Use Plan › Section 22-23-07-101

Current through June 25, 2024
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.
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 07 - Coastal Wetlands Use Plan › Section 22-23-07-102

Current through June 25, 2024
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.
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 07 - Coastal Wetlands Use Plan › Section 22-23-07-103

Current through June 25, 2024
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.
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 07 - Coastal Wetlands Use Plan › Section 22-23-07-104

Current through June 25, 2024
Special Management Area plans adopted pursuant to Chapter 21
				  shall override the Coastal Wetlands Use Plan.
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 08 - Requirements for Conducting Regulated Activities › Section 22-23-08-100

Current through June 25, 2024
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
				navigational depths adequate for their proposed use in order to minimize the
				necessity of dredging.
100.03 Must
				be constructed in a manner that does not restrict access to public beach areas.
100.04 Must not create a hazard to
				navigation in waterways.
100.05
				Mooring pilings and buoys require authorization and must be constructed in
				accordance with the requirements for docks, piers, boat shelters and boat
				hoists.
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 08 - Requirements for Conducting Regulated Activities › Section 22-23-08-101 - Boat Ramps

Current through June 25, 2024
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 parking areas must not be directed down the boat ramp or be
				allowed to damage sensitive coastal wetlands.
101.03 Must be designed so that they do not
				interrupt the natural movement or supply of sediments.
101.04 Fill material for boat ramp surfaces
				must be the minimum necessary to meet project requirements.
101.05 Must consist of environmentally
				acceptable materials, demonstrate sound design and construction so that they
				could reasonably be expected to be safe and effective, and minimize adverse
				impacts.
101.06 See also
				Requirements for Dredging and Excavation (Chapter 08, 117).
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 08 - Requirements for Conducting Regulated Activities › Section 22-23-08-103

Current through June 25, 2024
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 vertical seawalls. Vertical face bulkheads
				may be used only in low energy areas such as canals, bayous, tidal rivers,
				protected ports and harbors.
103.02
				Structural methods may be used only when there is a reasonable probability of
				controlling erosion at the immediate site, and where the structure will not
				significantly increase erosion in nearby areas.
103.03 Vertical face structures must be
				aligned no further waterward than the current mean high tide line, and
				constructed so that reflective wave energy does not damage adjacent wetlands
				habitat.
103.04 Vertical face
				structures intended to replace failed erosion control structures that are
				beyond repair shall not extend more than 24" waterward from the base of a
				failed structure.
103.05
				Breakwaters, groins and jetties must be constructed in a manner that allows for
				tidal flow and flushing.
103.06
				Rock breakwaters, groins and jetties must have sloping sides appropriate to the
				proposed location and purpose.
103.07 Breakwaters, groins and jetties must
				not adversely alter tidal circulation patterns, sediment transport processes,
				the natural supply of sediment and nutrients to the coastal wetlands or the
				long-term biological productivity of the coastal wetlands' ecosystem.
103.08 Breakwaters, groins and
				jetties must not be constructed in areas of sensitive coastal wetlands.
103.09 Groins and jetties to trap
				sediments are allowed only as a means to reduce shoaling of navigable channels
				and boat basins.
103.10 See also
				Requirements for Filling Other Than Dredged Material Disposal (Chapter 08,
				114).
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 08 - Requirements for Conducting Regulated Activities › Section 22-23-08-104

Current through June 25, 2024
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 must be backfilled with the removed
				material after installation of the appropriate structure, with care taken to
				maintain the original wetland elevation in both the dredged/excavated area and
				removed material disposal area. Removed material must be temporarily stockpiled
				in discontinuous banks so that sheet flow is not disrupted. Appropriate erosion
				control measures must be employed during the crossing of wetland areas.
104.02 After dredging/excavation
				and backfilling is complete, all impacted coastal wetlands must be re-vegetated
				with indigenous species. If the areas have not revegetated to pre-project
				conditions within one (1) year of the completion of the project, restoration of
				the impacted area will be required.
104.03 In open water areas, removed material
				must be deposited in discontinuous piles on opposite sides of the dredge area,
				which must be backfilled after project completion. After the project is
				complete the impacted area must be restored to pre-construction conditions, and
				all excess removed material must be beneficially utilized in accordance with
				M.C.A. §
									49-27-61
				or deposited in upland areas.
104.04 Alignments of new projects must be
				designed to use existing rights-of-way and topographic features, wherever
				feasible.
104.05 Projects must be
				aligned along the least environmentally damaging route. Sensitive coastal
				wetlands must be avoided when possible. If sensitive coastal wetlands cannot be
				avoided, the applicant must demonstrate that the alternative proposed is the
				least damaging most practicable alternative.
104.06 Projects must be aligned to avoid
				shipwrecks and areas of unique historical and cultural interest.
104.07 Must be buried at least ten (10) feet
				below authorized channel depth within maintained channels and four (4) feet
				below the mud line outside maintained channels.
104.08 See also Requirements for Dredging and
				Excavation (Chapter 08, 117). 105 Transportation:
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 08 - Requirements for Conducting Regulated Activities › Section 22-23-08-105

Current through June 25, 2024
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 circulation regimes and to prevent excessive
				shoaling or erosion.
105.03 Except
				for the construction of replacement bridges and approaches, transportation
				improvement projects must generally follow existing alignments in coastal
				wetlands.
105.04 Transportation
				facilities must be designed to accommodate other public utilities, thus
				avoiding other unnecessary coastal wetland alteration. An example would be the
				use of existing rights-of-way and bridges to accommodate cables, transmission
				lines or pipelines.
105.05 Roadway
				embankments and fill areas must be stabilized by utilizing appropriate erosion
				devices and/or techniques in order to minimize erosion and water quality
				degradation problems. Culverts are required, where appropriate, in order to
				maintain normal tidal influence and minimize disruption of drainage patterns.
105.06 All streams must be bridged
				or provided with culverts to prevent alterations to tidal influence and natural
				drainage patterns.
105.07 Culverts
				or similar structures must be installed under the road at appropriate intervals
				(never more than two hundred and fifty (250) feet apart) to prevent blockage of
				surface drainage or tidal flow, with all culvert openings being subsequently
				maintained.
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 08 - Requirements for Conducting Regulated Activities › Section 22-23-08-106

Current through June 25, 2024
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 water; they must be
				no deeper than the parent body of water (navigational depth of adjacent
				waterway) and where feasible, must be aligned with prevailing summer winds to
				increase circulation.
106.02
				Alignments must make maximum use of natural or existing channels to minimize
				initial and maintenance dredging requirements.
106.03 Alignments must avoid sensitive
				coastal wetlands, nursery and spawning areas, and archeological and historical
				sites. A submerged aquatic vegetation (grassbed) or an archeological survey may
				be required.
106.04 Permanent
				dredged material disposal sites must be designated for initial construction as
				well as future maintenance dredging for all canal or channel projects.
106.05 Construction must be
				conducted in a manner that minimizes turbidity and dispersal of dredged
				materials into adjacent coastal wetlands, and on schedules that minimize
				interference with fish and shellfish migration and spawning.
106.06 Designs must not significantly alter
				tidal circulation patterns or sediment transport processes, create change in
				salinity regimes, or change related nutrient and aquatic life distribution
				patterns.
106.07 New canals for
				waterfront lots must be constructed from the mean high tide line landward and
				must be open to a major waterway at two (2) or more points.
106.08 Dead end canals are not permitted
				except where water flow is sufficient to flush the canal on a regular basis.
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 08 - Requirements for Conducting Regulated Activities › Section 22-23-08-107

Current through June 25, 2024
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, construction, or other
				purposes (sanitary landfill, agricultural soil improvement, etc.) must be used
				immediately for such purposes or stockpiled in designated beneficial use
				staging areas or other nonwetland areas for later use.
107.03 All projects involving the removal of
				over two thousand five hundred (2500) cubic yards of dredged material must
				evaluate the dredged material in accordance with approved procedures to
				determine suitability.
107.04 All
				dredged material determined to be suitable for beneficial uses must participate
				in the Department programs involving beneficial use.
107.05 If dredged material is not suitable
				for beneficial use, then existing upland disposal areas must be used to the
				fullest extent possible. Examples include raising the height of containment
				embankments to increase the holding capacity of the disposal area, and the
				application of modern engineering techniques to render the material suitable
				for useful purposes.
107.06
				Disposal dikes for non-beneficial use and upland disposal areas must be shaped
				and stabilized immediately upon construction to minimize erosion and dike
				failure, and out-falls must be positioned to empty back into the dredged area.
107.07 Areas containing sensitive
				coastal wetlands must not be used for dredged material disposal.
107.08 Toxic and highly organic materials
				must be disposed of in a manner that prevents their harmful release into the
				environment.
107.09 New dredged
				material disposal proposals must include a maintenance plan for the shorter of
				fifty (50) years or the life of the project.
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 08 - Requirements for Conducting Regulated Activities › Section 22-23-08-108

Current through June 25, 2024
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 existing impoundment structures will be allowed only if all other
				applicable guidelines are met and the use for which the impoundment was
				originally created is its current use.
108.03 Impoundments of rivers and bayous
				alter the quality, quantity and timing of freshwater flows into estuaries as
				well as block migration of fishery resources. Such 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.
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 08 - Requirements for Conducting Regulated Activities › Section 22-23-08-109

Current through June 25, 2024
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 marshes, to allow
				filtration through the coastal wetlands.
109.02 A spreader canal, or a canal designed
				to disperse water over the landscape in more natural sheet flow, may be used
				along the uplands adjacent to marsh.
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 08 - Requirements for Conducting Regulated Activities › Section 22-23-08-111 - Other Mineral Extraction

Current through June 25, 2024
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 material for beach replenishment.
111.02 Extraction of marine mineral resources
				(sand, gravel, shell, phosphates, etc.) within sensitive coastal wetlands is
				prohibited except for obtaining cultch material or material for beach
				replenishment.
111.03 If extraction
				of marine mineral resources is allowed under this section, site reclamation and
				restoration is required.
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 08 - Requirements for Conducting Regulated Activities › Section 22-23-08-112 - Facilities Requiring Water for Cooling or Heating

Current through June 25, 2024
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 must
				be designed to minimize impingement. If offshore intakes are employed, velocity
				caps or similar means must be used to produce horizontal intake currents with a
				maximum velocity of one-half (1/2) foot per second (fps) at the intake
				screen.
112.04 All discharges must
				meet the requirements in the "State of Mississippi Water Quality Criteria for
				Intrastate, Interstate, and Coastal Waters", which can be accessed at:
				http://www.deq.state.ms.us/mdeq.nsf/page/WQSB_Water_Quality_Standards
				.
112.05 Industrial water reuse is
				encouraged to minimize adverse impacts from intake and discharge lines that may
				be situated in coastal wetlands.
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 08 - Requirements for Conducting Regulated Activities › Section 22-23-08-113 - Activities Affecting Coastal Wetlands

Current through June 25, 2024
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 sediment and
				nutrients to the coastal wetlands.
2. The natural temperature regimes that are
				part of the ecosystem of coastal wetlands.
3. Salinity regimes.
4. Sediment transport processes.
5. Water flow and natural circulation.
6. The long-term biological
				productivity of the coastal wetlands' ecosystem
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 08 - Requirements for Conducting Regulated Activities › Section 22-23-08-114 - Filling Other Than Dredged Material Disposal

Current through June 25, 2024
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 facilities is authorized provided the applicant
				demonstrates a higher public interest.
114.03 Sensitive coastal wetlands must not be
				filled.
114.04 Fill material must
				be nontoxic and either stabilized or of sufficient size as to not be displaced
				during typical storm tides. Beach nourishment does not require
				stabilization.
114.05 Fill
				proposals to eliminate existing poor water quality conditions (filling of
				deadend canals, keyhole boat slips, etc.) will be considered.
114.06 See also Boat Ramps (Chapter 08, 101),
				Bulkheads and Seawalls (Chapter 08, 103), Transportation (Chapter 08, 105), Oil
				and Gas Exploration and Production (Chapter 08, 110)
,
and
				Activities Affecting Coastal Wetlands (Chapter 08, 113).