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 22-23-08-113 - Activities Affecting Coastal Wetlands

Universal Citation: MS Code of Rules 22-23-08-113

Current through March 14, 2024

113.01 Activities affecting coastal wetlands, but located outside of coastal wetlands must not affect the following characteristics to a greater extent than would otherwise be allowed under Chapter 08, Sections 100 through 112 and 114 through 117:

1. The natural supply of sediment and nutrients to the coastal wetlands.

2. The natural temperature regimes that are part of the ecosystem of coastal wetlands.

3. Salinity regimes.

4. Sediment transport processes.

5. Water flow and natural circulation.

6. The long-term biological productivity of the coastal wetlands' ecosystem

113.02 Activities in the Coastal Zone requiring a Section 404 permit from the U. S. Army Corps of Engineers for discharges into navigable waters of the United States, their tributaries, and adjacent wetlands are highly likely to affect coastal wetlands by altering the characteristics of the ecosystem. These activities may constitute regulated activities under M.C.A. § 49-27-5(c) (ii) and (iii). Where such activities are conducted outside of coastal wetlands, proper application to the U. S. Army Corps of Engineers constitutes sufficient notification to the Department and the Commission.

113.03 The activities listed below are not likely to affect coastal wetlands when located outside of the navigable waters of the United States, their tributaries, and adjacent wetlands. Therefore, the Commission will not assert authority over these activities under the Wetlands Act when these activities are conducted using generally accepted construction practices.

1. Road resurfacing, repairing and maintenance.

2. Repair and maintenance of sewer, water and drainage systems.

3. Installation of new drainage structures such as culverts, catch basins, inlets, and junction boxes where the tributary acreage involved is less than nine hundred (900) acres and where the point of outfall for drainage system is not altered.

4. Construction activities involving less than four (4) acres of land clearing where the path of drainage flow from the site to mean low water has an average slope of less than two (2) percent.

Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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