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 09 - Water Dependent Industry
Section 22-23-09-101

Universal Citation: MS Code of Rules 22-23-09-101

Current through December 27, 2023

The following are water dependent industries to the extent that they comply with the siting criteria below:

101.01 Commercial and sportfishing facilities, including finfish and shellfish processing plants and large commercial docking facilities.

101.02 Shipbuilding and repair for barges, cargo vessels, combat ships, dredges, tugboats, floating dry docks, ferry boats, landing ships, marine lighters, marine rigging, passenger-cargo vessels, trawlers, sailing vessels, submarine tenders tankers, towboats, houseboats, and other marine vessels and transportation.

101.03 Fabrication of steel and concrete structural assemblies or components requiring water transport because of their size, including barge sections, ship sections, large metal buoys, offshore platforms and subassemblies, bridge sections, hoists, trusses, beams, and other such structural components.

101.04 Commercial, industrial or manufacturing activities that receive or ship raw materials or products by waterborne commerce.

101.05 Siting Criteria

101.05.01 The production site is on the landward side of its water access facility and has its smaller dimension on the waterfront. The production site is that area occupied by manufacturing facilities, including material storage yards, piping, conveyors, other handling facilities used in production, and outbuildings housing related manufacturing activities. Administration and other detached buildings not integrally related with production processes must be located either within the production site or on its landward side. The waterfront is the general shoreline of the site, notwithstanding inlets, finger canals, and the like. On corner lots, and on other parcels having more than one shoreline, the waterfront is a shoreline on which a water access facility is located.

101.05.02 To the extent that technical, safety, or economic requirements prevent compliance with these guidelines, a water dependent industry may site in accordance with such requirements in lieu of the criteria in the Guidelines for Water Dependent Industries. Technical requirements must be based on professionally accepted design standards or on physical requirements that stem from the size, weight, or configuration of raw materials or finished products. Safety requirements must be based on either laws, rules, regulations or ordinances promulgated by a public entity, or on safety standards promulgated by trade, industrial, or engineering associations. Economic requirements are considered when compliance with these guidelines will preclude an activity's products from being competitive in its usual markets. The demonstration that compliance with these guidelines is simply more costly than other alternatives will not in and of itself be considered economic requirement.

101.05.03 Where existing roads, rail lines, structures, or other physical barriers prevent an activity from complying with these guidelines by restricting the size of the area available for production facilities, structures may be built in a larger area to the extent necessary to accommodate the production facilities.

101.05.04 Where a suitable site for water dependent industry is covered by special management area plans incorporated into the Mississippi Coastal Program, and where the plan specifically treats water dependency criteria, the provisions of the special management area plan will be used in lieu of the siting criteria in these guidelines.

Adopted 10/22/2018

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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