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 - Sec. 22-23-04-100

Universal Citation: MS Code of Rules 22-23-04-100

§ 22-23-04-100.

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.

100.04 Upon receipt of an application, the Department will make a determination as to which of the following categories the proposed activity falls into:

100.04.01 Regulated activity. Applications for regulated activities are subject to the application evaluation procedures in Chapter 04, Chapter 05, and Chapter 06.

100.04.02 Excluded activity or entity. Applications submitted by excluded entities or for excluded activities as defined in Chapter 11 are subject to the application evaluation procedures in Chapter 11.

100.04.03 Non-regulated activity subject to Federal Consistency review. These applications are subject to the application evaluation procedures in Chapter 13, Chapter 14, Chapter 15, Chapter 16, and Chapter 17 of this Part.

100.04.04 State agency action subject to review. These applications are subject to the application evaluation procedures in Chapter 18 of this Part.

100.04.05 An application for multiple activities that fall within more than one of the above categories is subject to the application evaluation procedures for the category requiring the more stringent review. The categories, in order of stringency from least to greatest are: state agency action subject to review, non-regulated activity subject to Federal Consistency review, excluded activity or entity, regulated activity.

(Adopted October 22, 2018)
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