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 04 - Coastal Wetlands Permit Application Procedures › Section 22-23-04-100

Current through June 25, 2024
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
				  applications shall be subject to the procedures outlined in Chapter 04, Chapter
				  05, and Chapter 06. Entities and activities excluded by M.C.A. §
									49-27-7
				  or §
									49-27-9
				  will be subject to the procedures outlined in Chapter 11.
100.01 Permit applications must be submitted
				to the Department on prescribed forms. One (1) copy of the application must be
				submitted along with an application fee payable to the Department. In
				accordance with M.C.A. §
									49-27-15,
				an applicant must pay the publication fees and the costs of providing notice to
				the public.
100.02 Multiple
				regulated activities associated with the same project must be included on one
				permit application.
100.03 As
				required by M.C.A. §
									49-27-11,
				an application must include:
100.03.01 The
				name and address of the applicant.
100.03.02 The names and addresses of the
				present owners of record of adjacent land, as determined by current tax
				assessment rolls and of known claimants of riparian or water rights in or
				immediately adjacent to the coastal wetland, or a certification that after
				diligent search and inquiry the names and addresses could not be found.
100.03.03 A detailed description
				of the proposed activity and a map, drawn to an appropriate and uniform scale
				showing by section, township and range, or by latitudinal and longitudinal
				coordinates, the location and area of the coastal wetlands to be affected,
				indicating the location and area of existing and proposed fill, excavation or
				other regulated activities; showing the location, width, depth and length of
				any proposed channel and dredge spoil disposal site; showing all existing and
				proposed structures, sewage collection and treatment facilities, utility
				installations, roadways and related appurtenances or facilities, including
				those on adjacent uplands; describing the type of equipment to be used and the
				means of equipment access to the activity site.
100.03.04 An estimate of the cost of the
				activity.
100.03.05 The primary and
				secondary purposes of the project, including contemplated future projects.
100.03.06 A description of any
				public benefit to be derived from the proposed project dependent upon the
				proposed activity.
100.03.07 A
				complete description of measures to be taken to reduce detrimental off-site
				effects to the coastal wetlands during and after the proposed activity.
100.03.08 The completion date of
				the proposed activity and of the project dependent upon the activity.
100.03.09 An appropriate written
				report or statement of the environmental impact of the proposed regulated
				activity and of the final project dependent on it upon the affected coastal
				wetlands and the life dependent upon them, provided that an environmental
				impact statement treating the same activity in the same area and supplied to
				another federal or state agency for considering a permit will satisfy this
				requirement if submitted by the applicant.
100.03.10 A certification that a permit from
				the Mississippi Commission on Environmental Quality has been applied for or
				that such permit is not required; that a permit from the United States Corps of
				Engineers has been applied for or that such permit is not required; that
				permits or other certificates of compliance with applicable municipal or county
				building codes and zoning ordinances have been applied for or are not required.
				The use of the joint Department/U.S. Army Corps of Engineers form is sufficient
				to meet this certification requirement as it applies to a permit from the U.S.
				Army Corps of Engineers and the DEQ Office of Pollution Control.