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 08 - Requirements for Conducting Regulated Activities › Section 22-23-08-115 - Dockside Casinos

Current through June 25, 2024
115.01 Must not be
				located in areas that could impact sensitive coastal wetlands.
115.02 Must be located in areas that require
				minimal dredging and provisions must be made to provide sufficient upland
				disposal areas to store maintenance dredging material for a minimum of fifty
				(50) years or the life of the project.
115.03 Marinas and boat slips associated with
				a dockside casino must be designed to conform to the marina guidelines listed
				in Chapter 08, 102.
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 22-23-08-116 - Intake and Discharge Structures

Current through June 25, 2024
116.01 Must not be
				located in critical habitat or sensitive coastal wetlands areas.
116.02 Only minimal dredging or filling
				necessary to create/maintain serviceable intake/discharge structures will be
				allowed.
116.03 Thermal discharges
				must not be located in critical habitat or sensitive coastal wetlands area.
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 22-23-08-117 - Dredging/Excavation

Current through June 25, 2024
117.01 Dredging or excavation of sensitive
				coastal wetlands is not authorized.
117.02 Dredged or excavated material must not
				be placed in coastal wetlands unless prior or concurrent authorization is
				obtained.
117.03 A minimum ten-foot
				(10-foot) buffer must be maintained between dredging/excavation and any
				wetlands.
117.04 The
				dredging/excavation process must avoid creating sinks or sumps.
				Dredging/excavation depth is limited to that of the parent body of water
				(navigational depth of the adjacent waterway).
117.05 A minimum 3:1 (horizontal: vertical)
				side slope must be maintained in the dredged/excavated area.
117.06 Best Management Practices must be used
				at all times during the authorized activity to minimize turbidity at the
				dredged/excavated site and contaminated runoff into wetlands at the removed
				material disposal site(s). Acceptable methods include but are not limited to:
				the installation of turbidity screens around the immediate project site, staged
				construction, staked hay bales, staked filter cloth, sodding, seeding, and
				mulching.
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 22-23-08-118

Current through June 25, 2024
Variances to the Requirements for Regulated Activities may be
				  granted at the discretion of the Commission, based on findings and
				  recommendations from the Department. To petition for a variance to the
				  requirements, an applicant must identify the requirement(s) to which a variance
				  is requested and must specifically justify the request. A public hearing held
				  as part of a permit or decision process required under state or federal law,
				  and that is referenced in Chapter 05, will be sufficient to meet the
				  requirements of this section, if the hearing has addressed the issue of a
				  variance. Approval of a variance must be based on one or more of the
				  following
118.01 The impacts on Coastal
				Wetlands would be no worse than if the requirements were followed.
118.02 The variance would be temporary, with
				restoration to conform with the requirements taking place within a period
				specified in a permit, which period must be no less than thirty (30) days nor
				more than one hundred and twenty (120) days following completion of the
				activity.
118.03 No feasible,
				alternative sites or construction techniques are available; there is a
				significant public benefit in the activity; and a public hearing has been held;
118.04 The activity requires a
				waterfront location; there is a significant public benefit in the activity; and
				a public hearing has been held.
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 22-23-09-100

Current through June 25, 2024
The Department will find the following to be water dependent
				  industry:
100.01 Activities that meet
				the definition in M.C.A. §
									49-27-5(i).
100.02 Water access facilities, including
				piers, docks, wharfs, dolphins, skids, marine launchways, dry docks, graving
				docks, launching ramps, hoists, and cranes; also included are water intake
				structures, effluent discharge structures, and attendant pipeline corridors
				fifty (50) feet or less in width.
100.03 Ports and associated facilities, both
				public and private, including water access facilities, fuel terminals,
				warehouses in support of port operations, bulk material handling facilities for
				both dry and liquid materials, tanks and silos used in material transfer
				operations from or to waterborne transport, grain elevators, open storage areas
				in support of port operations, trailer marshaling yards, any facilities
				designed to accommodate cargo moving in domestic or international waterborne
				commerce, and facilities constructed as part of a corridor from the waterfront
				to an inland activity which either ships or receives goods and raw materials by
				waterborne commerce.
100.04 Vessels
				approved for casino gaming purposes and adjacent facilities required by
				dockside gaming regulations under M.C.A §
									75-76-1
et seq.
and §
									97-33-1.
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 22-23-09-102

Current through June 25, 2024
In cases where a permit is required for the erection of
				  structures on suitable sites for water dependent industry, because the
				  structure is being built by a non-water dependent industry, the Department will
				  consider the following in making its recommendations, along with comments
				  received through the policy coordination procedures.
102.01 Factors in favor of granting a permit:
102.01.01 Technical and economic
				requirements; great weight will be given to granting permits for expansions of
				industries located on the waterfront, where such expansion involves the use of
				product outputs; by products, or common production facilities.
102.01.02 Where failure to grant permit would
				render site unsuitable for beneficial uses.
102.01.03 Where the proposed structure would
				not impair future waterfront industrial development of the site.
102.01.04 Good faith plans for waterfront
				uses (plans for speculative wetland filling will not be considered "good
				faith").
102.01.05 Uncommonly high
				ratios of new jobs to the area of the site proposed for development.
102.01.06 Where a special area management
				plans provides for the activity in question.
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 10 - Guidelines for the Preservation of Natural Scenic Qualities › Section 22-23-10-100

Current through June 25, 2024
Guidelines for Beaches - Permanent structures should not be
				  built on the open beach except for facilities such as piers, public restrooms,
				  and lifeguard stations. Beaches should be well supplied with trash receptacles
				  and sanitary facilities. When additional parking is needed in high use beach
				  areas, the new parking areas should be set back from the beach, and safety
				  devices for highway crossings should be used where appropriate. The parking
				  lots should be marked and concealed with plantings, trees, earth mounds and
				  berms.
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 10 - Guidelines for the Preservation of Natural Scenic Qualities › Section 22-23-10-101

Current through June 25, 2024
Guidelines for Islands and Dunes - Any structure should blend
				  visually with the natural landscape and should not extend above the natural
				  silhouette of the island, excluding lighthouses and aids to navigation. Except
				  for low, visually unobstructing access facilities such as piers, structures
				  should not be built seaward of primary dunes, and should not destroy primary
				  dune vegetation. New development should not destroy dune vegetation, prevent
				  natural movement of sand, or conflict with the visual dune forms. Vehicular and
				  pedestrian traffic in dune areas should be channeled to those locations
				  designed to handle the usage.
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 10 - Guidelines for the Preservation of Natural Scenic Qualities › Section 22-23-10-102

Current through June 25, 2024
Guidelines for Shorelines - Development, particularly tall
				  structures, should be set back from the edge of natural coastal waters, rivers
				  and bayous to preserve the visual quality of the waterbody, and to protect
				  shoreline vegetation. New structures should not extend seaward farther than
				  adjacent structures in the area. Facilities that are not dependent on a
				  waterfront location should be located away from the shoreline, for
				  environmental as well as aesthetic reasons. The natural appearance and visual
				  attractiveness of the shoreline should be maintained. The upland vegetation
				  against which wetlands are generally viewed should be maintained in the natural
				  state, and structures built at the edge of coastal wetlands in predominantly
				  undeveloped areas should be designed to blend with the surrounding
				  area.
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 10 - Guidelines for the Preservation of Natural Scenic Qualities › Section 22-23-10-103

Current through June 25, 2024
Guidelines for Visual Access - Sites in areas of scenic
				  importance or traditionally public viewing points should be avoided by new
				  developments. This is particularly true for large scale developments. The
				  provision of public access to the shore, both physical and visual is
				  encouraged. Easements for public viewing and waterfront access at property
				  sidelines should be considered. Where visual buffer areas are created by design
				  or as a result of building setbacks, public access should be provided to these
				  open lands for passive recreational use and view access. Institutional
				  developments easily lend themselves to this type of access. Highways and other
				  public facilities near the shore should be carefully designed to take advantage
				  of waterfront views. Public access areas should be provided in port areas and
				  small craft harbors, subject to safety and security requirements. Public
				  facilities such as restaurants and fish houses should be provided to allow the
				  public to enjoy the sights and activities of ports and
				  harbors.
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 10 - Guidelines for the Preservation of Natural Scenic Qualities › Section 22-23-10-104

Current through June 25, 2024
Guidelines for Visual Buffers - Facilities with strong
				  utilitarian or harsh visual character should be buffered by trees, or other
				  plantings, fencing, earth berms, and creative grading. Within industrial areas,
				  individual sites do not require vegetated buffers to divide them. Tree planting
				  and other vegetative screening should be employed at public edges to reduce the
				  visual impact. Campgrounds should provide for privacy in individual sites
				  through ample vegetative planting and screening. Mobile home courts and parks
				  should be similarly planted and screened; units should be clustered, and common
				  open space provided. No trailers should be allowed in beach
				  areas.
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 10 - Guidelines for the Preservation of Natural Scenic Qualities › Section 22-23-10-105

Current through June 25, 2024
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 the
				  surrounding landscape and to blend with the natural tree line. Except in highly
				  developed areas, structures should reflect the natural surroundings and typical
				  colors of existing coastal architecture. Earth colors and sky blue can be
				  universally used for general surfaces; black, navy blue, and battleship gray
				  are appropriate for industrial or similar building types that are meant to
				  recede visually. Building materials and texture should reflect surrounding
				  natural materials. Articulation of elements on facades and the use of wood or
				  slatting of synthetic materials are ways in which this can be accomplished.
				  Administration buildings and all structures whose design is not restricted by
				  operational criteria should be designed to blend with surroundings, in terms of
				  height, silhouette, mass, materials, and color. Blighted and derelict
				  facilities should be removed, restored or rehabilitated for new uses to reduce
				  the degradation of natural scenic qualities.
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 10 - Guidelines for the Preservation of Natural Scenic Qualities › Section 22-23-10-106

Current through June 25, 2024
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, natural scenic
				  qualities. Living plant materials should be used to harmonize structures with
				  the landscape. Unsightly facilities should be masked with foreground plantings
				  to be made less readily visible from the shore or water. Earth berms, mounds
				  and other topographic modifications should be used to mask unsightly
				  structures; where this would blend with the surrounding terrain. Where hilly or
				  rolling topography occurs naturally, earth forming should be used to enclose
				  and conceal utilitarian structures and facilities. Plantings should be used to
				  stabilize shoreline erosion and to screen development along roads and other
				  access routes. Species, planting patterns, massing, and plant heights should be
				  compatible with the structural masses they are intended to disguise or enhance.
				  Thinning of trees is preferable to clear cutting. Natural shrubbery and trees
				  such as live oaks should be preserved when practicable, and where removed,
				  replaced with other vegetation equally effective with respect to natural scenic
				  qualities. Special consideration should be given in the design of new
				  developments for maintenance, care and long range health of the natural
				  vegetation. Cluster and planned unit developments should be encouraged to
				  ensure preservation of natural scenic qualities. These developments should be
				  guided by long range plans that integrate the public natural areas in different
				  developments to form a continuous public system of open space. Planting of
				  mature plant specimens should be done in urban fringe areas to maintain
				  vegetative continuity. Tree preservation ordinances, sign ordinances, and
				  minimum landscape ordinances for commercial structures should be adopted for
				  urban and semi urban areas.
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 10 - Guidelines for the Preservation of Natural Scenic Qualities › Section 22-23-10-107

Current through June 25, 2024
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 built
				  of materials which reflect the character of the coast, both in historic and
				  architecturally valuable urban areas and in new developments. Signage controls
				  should be applied in all commercial areas to limit height, size, and lettering
				  coverage of signs on buildings and those along roadsides and
				  highways.
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 10 - Guidelines for the Preservation of Natural Scenic Qualities › Section 22-23-10-108

Current through June 25, 2024
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 it is not practicable to locate high voltage transmission lines
				  underground.
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 11 - Excluded Activities › Section 22-23-11-100

Current through June 25, 2024
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.
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 11 - Excluded Activities › Section 22-23-11-101

Current through June 25, 2024
Activities that would otherwise be regulated must at all
				  times adhere to the policy as set forth 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 11 - Excluded Activities › Section 22-23-11-102

Current through June 25, 2024
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.
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 11 - Excluded Activities › Section 22-23-11-103

Current through June 25, 2024
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 prepared within forty-five (45) days of receipt of a complete
				application.
103.02 Such findings
				will be based on the decision factors in Chapter 06.
103.03 Conditions may be placed on these
				findings in order to ensure compliance with the public policy of wetlands
				protection when the excluded activity is conducted.
103.04 The results of or a copy of the
				findings will be provided to the party proposing the excluded activity through
				a Certificate of Exclusion, which will include any conditions necessary to
				ensure compliance.
103.05 Findings
				on exclusions will be used by the Department and the Commission to carry out
				their respective administrative responsibilities under the Coastal Wetlands
				Protection Act particularly under M.C.A. §
									49-27-3
				and under the wetlands management authority in M.C.A. §
				47-15-5.
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 11 - Excluded Activities › Section 22-23-11-105

Current through June 25, 2024
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.
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 12 - Enforcement › Section 22-23-12-100

Current through June 25, 2024
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.
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 12 - Enforcement › Section 22-23-12-101

Current through June 25, 2024
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 designee, or if any party
				  or parties conduct or cause to be conducted a regulated activity or excluded
				  activity without first applying for and being granted the required
				  authorization, the following procedures must be followed:
101.01 The Department will issue a notice by
				mail and/or by posting the notice at the site of the regulated activity in
				question. The notice will request the affected party to cease any regulated
				activity and to contact the Department to resolve the apparent violation. The
				notice will also inform the affected party that the apparent violation will be
				brought before the next meeting of the Commission.
101.02 Upon recommendation from the
				Department, the Commission may:
101.02.01
				Suspend or revoke the Permit, Certificate of Exclusion, or Certificate of
				Waiver after proper notice and hearing provided for in the CWPA. Notice of the
				suspension or revocation must be sent to the permittee within thirty (30) days
				from the date of the hearing.
101.02.02 Require restoration of all affected
				Coastal Wetlands to their condition prior to the violation.
101.02.03 Levy a fine as allowed by the CWPA.
101.02.04 Issue an after-the-fact
				Permit, Certificate of Exclusion, or Certificate of Waiver after proper
				application for such in accordance with the application procedures in Chapter
				04.
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 12 - Enforcement › Section 22-23-12-102

Current through June 25, 2024
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 preparation
				  and submittal of an after-the-fact permit application will be considered as a
				  satisfactory arrangement.
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 12 - Enforcement › Section 22-23-12-103

Current through June 25, 2024
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.
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 13 - Federal Consistency Reviews › Section 22-23-13-100

Current through June 25, 2024
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. This
				  authority provides states with a role in federal decision making processes and
				  ensures that state enforceable policies pertaining to effects to uses and
				  resources of the state coastal zone are considered by federal agencies. The
				  federal rules governing state reviews can be found at 15 C.F.R. Part 930 and
				  are controlling for the processes and standards for state reviews. The
				  categories of activities subject to review and notification procedures for each
				  are listed in Chapters 14 through 17 below.
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 13 - Federal Consistency Reviews › Section 22-23-13-101

Current through June 25, 2024
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 continental
				  shelf plans), and
				  15 C.F.R. §
										930.94 (for federal assistance to state and
				  local governments) along with any necessary data and information required under
				  15 C.F.R. §
										930.58, the Department will make findings on
				  the decision factors listed in Chapter 06 and notify the federal agency and
				  applicant whether the Coastal Program concurs with, conditionally concurs with,
				  or objects to the federal action.
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 13 - Federal Consistency Reviews › Section 22-23-13-102

Current through June 25, 2024
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.
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 14 - Activities Proposed by Federal Agencies › Section 22-23-14-100

Current through June 25, 2024
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 below:
100.01 U.S. Army Corps of Engineers:
100.01.01 Dredging, channel works,
				breakwaters, other navigation works, erosion control structures, flood
				protection, beach replenishment, and dams within the coastal zone.
100.01.02 Proposed federal acquisitions
				within the coastal zone.
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 15 - Federal Licenses and Permits › Section 22-23-15-100

Current through June 25, 2024
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, Subpart
				  D. As required at
				  15 C.F.R. §
										930.57, Federal license and permit applicants
				  must provide a consistency certification that the proposed activity is
				  consistent with the enforceable policies of the coastal program, along with any
				  necessary data and information required at
				  15 C.F.R. §
										930.58. The certification must be provided to
				  the DMR.
100.01 Environmental
				Protection Agency:
100.01.01 Permits and
				licenses required under Sections 402 and 404 of the Federal Water Pollution
				Control Act of 1972 and Amendments.
100.01.02 Permits and applications for
				reclassification of land areas under regulations for the prevention of
				significant deterioration (PSD) of air quality.
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 16 - OCS Exploration, Development, and Production Activities › Section 22-23-16-100

Current through June 25, 2024
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.
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 17 - Federal Assistance to State and Local Governments › Section 22-23-17-100

Current through June 25, 2024
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.
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 17 - Federal Assistance to State and Local Governments › Section 22-23-17-101

Current through June 25, 2024
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 the sixty-day
				  (60-day) comment period.
101.01
				Environmental Protection Agency
101.01.01
				66.418 - Construction Grants for Wastewater Treatment Works
101.01.02 66.460 - Nonpoint Source
				Implementation Grants
101.01.03
				66.468 - Capitalization Grants for Drinking Water State Revolving Funds
101.01.04 66.475 - Gulf of Mexico
				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 18 - State Agency Actions Subject to Review › Section 22-23-18-100

Current through June 25, 2024
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 the
				  promulgation of these procedures will be subject to review until a
				  determination is made to the contrary.
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 18 - State Agency Actions Subject to Review › Section 22-23-18-101

Current through June 25, 2024
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 be considered consistent, and therefore subject only to notification.
				  State agencies are encouraged to determine by interagency agreement those
				  actions that are consistent. Any reference to state agencies also includes
				  their boards and commissions.
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 18 - State Agency Actions Subject to Review › Section 22-23-18-102

Current through June 25, 2024
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
				  procedures do not conflict with the statutory review time for such permits.
				  Reviewable actions are listed below:
102.01 Department of Environmental
				Quality-Office of Pollution Control:
102.01.01
				Issuance of new air or water pollution permits.
102.01.02 Renewal of such permits.
102.01.03 Substantive regulatory changes,
				including but not limited to changes in the designation of water quality areas,
				and modifications to water quality parameters for these areas.
102.01.04 Financial assistance administered
				through the Office of Pollution Control.
102.01.05 The review and approval of plans
				and specifications for sewage collection systems for new subdivisions,
				extensions of municipal systems, and for new or expanded privately or publicly
				owned wastewater treatment facilities.
102.01.06 Procedural changes in rules and
				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 19 - State Agency Action Consistency Certification › Section 22-23-19-100

Current through June 25, 2024
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 described in 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 19 - State Agency Action Consistency Certification › Section 22-23-19-101

Current through June 25, 2024
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.
101.01 Concurrence must be in the form of a
				Coastal Program Consistency Certification.
101.02 In the event of an objection on
				grounds of inconsistency with the PROGRAM, the Department will accompany the
				objection with reasons and supporting information. The response will describe:
101.02.01 How the proposed activity will be
				inconsistent with specific elements of the PROGRAM.
101.02.02 Alternative measures, if feasible,
				which could be adopted by the state agency to make the proposed action
				consistent.
101.02.03 The nature
				and necessity of additional information that would be necessary to determine
				the consistency of the activity or development.
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 19 - State Agency Action Consistency Certification › Section 22-23-19-102

Current through June 25, 2024
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.
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 19 - State Agency Action Consistency Certification › Section 22-23-19-103

Current through June 25, 2024
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
				  concurrence with the proposed activity will be assumed.
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 19 - State Agency Action Consistency Certification › Section 22-23-19-104

Current through June 25, 2024
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
				  conditioned consistency certification allows a proposed action to proceed
				  without the need for additional review, provided that the specified conditions
				  are met.
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 19 - State Agency Action Consistency Certification › Section 22-23-19-105

Current through June 25, 2024
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 responsibilities, and if the
				  Consistency Certification cannot be reasonably conditioned. A reviewing agency
				  making such a finding must state specifically the additional information
				  necessary to make a determination.
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 19 - State Agency Action Consistency Certification › Section 22-23-19-106

Current through June 25, 2024
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 action may
				  use the Conflict Resolution Procedure in subsection 109 of this chapter to
				  resolve coastal program compliance disputes.
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 19 - State Agency Action Consistency Certification › Section 22-23-19-107

Current through June 25, 2024
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
				  information necessary for a determination from the applicant. The action will
				  proceed subject to further coordination with agency requesting
				  same.
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 19 - State Agency Action Consistency Certification › Section 22-23-19-108

Current through June 25, 2024
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 PROGRAM.
				  This set of findings will be provided to the Attorney General with a request
				  for appropriate action. A copy of the findings will also be provided to the
				  agency involved in the proposed action.
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 19 - State Agency Action Consistency Certification › Section 22-23-19-109

Current through June 25, 2024
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 utilize the Conflict
				Resolution Procedure.
109.02 When
				an agency elects to utilize this Conflict Resolution Procedure, the objecting
				Coastal Program Agency must reduce its objection to writing, specifying in
				clear and concise terms the issues that must be resolved to achieve compliance
				with the PROGRAM. Representatives of the conflicting agencies must meet to
				resolve the specified issues. A representative of the Department will be made
				available upon request to assist in the resolution.
109.03 If such a meeting does not result in
				resolution, the governing body of the agency objecting to the action will
				determine whether the proposed action is consistent with its regulatory
				authorities. If the governing body of a Coastal Program Agency objects to the
				proposed action, then it will be considered out of compliance with the PROGRAM.
109.04 Any interested party may
				petition the governing body of the objecting Coastal Program Agency, or the
				Commission to hold a hearing on an action determined to be inconsistent to hear
				any new information that should be brought to bear on the subject. The
				Commission may, in its discretion, hold such a hearing. If held by the
				Commission, the Commission will state its recommendations for the record.
				However, a Coastal Program Agency commenting within the purview of its primary
				jurisdiction will prevail in its regulatory comments.
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 20 - Coastal Program Agency Responsibilities › Section 22-23-20-100

Current through June 25, 2024
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 agencies
				  have statutory responsibilities.
100.01 Department of Marine Resources:
100.01.01 The Department will keep a written
				record of all coastal program agency comments, and will prepare a consistency
				certification based on these comments. The Department is responsible for
				monitoring consistent action notifications to ensure that the proposed actions
				are in conformance with interagency agreements and prior reviews.
100.01.02 The Department will review and
				comment with respect to wetlands protection, as stated in M.C.A. §
										49-27-3.
				The Department will base this review on the rules, regulations, guidelines, and
				procedures in Title 22, Part 23.
100.01.03 The Department will review and
				comment with respect to the efficient utilization of waterfront sites, as
				stated in M.C.A. §
										57-15-6(1)(a).
				The Department will base this review on the water dependent industry
				guidelines.
100.01.04 The
				Department will review and comment with respect to seafood conservation as
				stated in M.C.A. §
										49-15-1.
100.01.05 The Department will review and
				comment with respect to the preservation of natural scenic qualities, as stated
				in M.C.A. §
										57-15-6(1)(d)
				and in accordance with the guidelines.
100.01.06 The Department will review and
				comment with respect to the national interest as stated in M.C.A. §
										57-15-6(1)(c).
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 20 - Coastal Program Agency Responsibilities › Section 22-23-20-101

Current through June 25, 2024
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 needed to complete their analysis of the application.
101.03 State specifically any
				conditions they require to be included in a permit, if issued, including the
				policies, guidelines, or statutes on which these conditions are based.
101.04 Include any information
				they request that the Department and/or Commission consider when determining
				whether to issue, deny, or conditionally approve a permit application.
101.05 Consider the direct effects
				of the proposed action, as well as the indirect or induced effects. If, in the
				opinion of the reviewing agency, unintended induced effects can be reasonably
				expected, the reviewing agency will consider these effects in its review.