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 22-23-11-104

Current through June 25, 2024
The following activities, areas, and entities are excluded
				  from the need to secure a permit for regulated activities
104.01 The accomplishment of emergency
				decrees of any duly appointed health officer of a county or municipality or of
				the state, acting to protect the public health.
104.02 The conservation, repletion and
				research activities of the Mississippi Commission on Marine Resources, the
				Mississippi Gulf Coast Research Laboratory, the Commission on Wildlife,
				Fisheries and Parks, and the Mississippi-Alabama Sea Grant Consortium when
				acting through the Mississippi Universities Marine Center.
104.03 Hunting, erecting duck blinds,
				fishing, shellfishing and trapping when and where otherwise permitted by law.
104.04 Swimming, hiking, boating
				or other recreation that causes no material harm to the flora and fauna of the
				wetlands.
104.05 The exercise of
				riparian rights by the owner of the riparian rights, if the construction and
				maintenance of piers, boathouses, and similar structures are constructed on
				pilings that permit a reasonably unobstructed ebb and flow of the tide. The
				riparian owner may reasonably alter the wetland at the end of his pier in order
				to allow docking of his vessels.
104.06 The normal maintenance and repair of
				bulkheads, piers, roads and highways existing on the date of enactment of the
				Coastal Wetlands Protection Act, and all interstate highways planned but not
				yet under construction; and financed in part by Federal Interstate Highway
				Trust Funds.
104.07 Wetlands
				developed in the future by federal, state or county governments for the
				establishment of a superport or a pipeline buoy terminal for deep-draft,
				oceangoing vessels, including but not limited to, wetlands adjacent to Petit
				Bois Island and the Bayou Casotte Channel in Jackson County, Mississippi.
104.08 The Biloxi Bridge and Park
				Commission, Biloxi Port Commission, Long Beach Port Commission, Pass Christian
				Port Commission, Pascagoula Port Commission, and any municipal or local port
				authorities.
104.09 Wetlands used
				under the terms of the use permit granted by Chapter 395, Laws of 1954.
104.10 Any activity affecting
				wetlands that is associated with or is necessary for the exploration,
				production or transportation of oil or gas when such activity is conducted
				under a current and valid permit granted by a duly constituted agency of the
				State of Mississippi.
104.11
				Activities of any mosquito control commission which is a political subdivision
				or agency of the State of Mississippi.
104.12 The Fisherman's Wharf in Biloxi and
				the Buccaneer State Park in Hancock County.
104.13 Wetlands conveyed by the state for
				industrial development thereon pursuant to Section 211, Mississippi
				Constitution of 1890, and pursuant to Section
				29-3-61,
				Mississippi Code of 1972.
104.14
				The activities of the Hancock County Port and Harbor Commission affecting
				wetlands within its jurisdiction.
104.15 The activities of the Harrison County
				Development Commission affecting wetlands within its jurisdiction.
104.16 The activities of the Jackson County
				Port Authority affecting wetlands within its jurisdiction.
104.17 The activities of the Mississippi
				State Port at Gulfport affecting wetlands within its jurisdiction.
104.18 The construction of a water dependent
				industry on suitable sites for water dependent industry. This exemption does
				not cover other regulated activities such as dredging and filling as defined in
				Chapter 03.
104.19 The construction
				of a home, fishing camp, or similar structure by an individual on their own
				property when that property is a suitable site for water dependent industry.
				This exemption does not cover other regulated activities such as dredging and
				filling as defined in Chapter 03.
104.20 Regulated activities which, in the
				judgment of the Executive Director or his/her delegate, after an on-site
				inspection, have no harmful impact on the environment and which make no
				substantial change in the wetlands. These activities may be authorized by a
				Certificate of Waiver or similar authorization from the Executive Director or
				his/her delegate.
104.20.01 A Certificate of
				Waiver may be issued only if the activity complies with the applicable
				provisions of all sections of these rules, regulations, guidelines and
				procedures.
104.20.02 Issuance and
				acceptance of a Certificate of Waiver does not relieve the applicant from the
				requirements of obtaining a permit from the U. S. Army Corps of Engineers or
				the DEQ, nor from the necessity of compliance with other applicable state or
				local laws, ordinances and zoning regulations.
104.20.03 Activities described as eligible
				for a general, regional, or national permit or similar authorization from the
				U. S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act,
				Section 404 of the Clean Water Act, or any memorandum of understanding or
				agreement with the U. S. Army Corps of Engineers, U. S. Coast Guard or other
				state or federal agency having regulatory responsibility in coastal wetlands,
				provided such agreement or authorization has previously been reviewed by
				relevant federal and state agencies, are eligible for a Certificate of Waiver.
104.20.04 Emergency activities
				that are necessary to prevent loss of life, imminent destruction of property or
				activities which eliminate hazards to the public well-being are eligible for a
				Certificate of Waiver.