Current through March 14, 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.
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.
