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 March 14, 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.
