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 12 - Enforcement
Section 22-23-12-101

Universal Citation: MS Code of Rules 22-23-12-101

Current through March 14, 2024

If a permittee exceeds the scope of or does not substantially comply with one or more of the conditions or limitations set forth in a Permit, Certificate of Exclusion, Certificate of Waiver, or other authorization granted by the Commission, the Executive Director, or their designee, or if any party or parties conduct or cause to be conducted a regulated activity or excluded activity without first applying for and being granted the required authorization, the following procedures must be followed:

101.01 The Department will issue a notice by mail and/or by posting the notice at the site of the regulated activity in question. The notice will request the affected party to cease any regulated activity and to contact the Department to resolve the apparent violation. The notice will also inform the affected party that the apparent violation will be brought before the next meeting of the Commission.

101.02 Upon recommendation from the Department, the Commission may:

101.02.01 Suspend or revoke the Permit, Certificate of Exclusion, or Certificate of Waiver after proper notice and hearing provided for in the CWPA. Notice of the suspension or revocation must be sent to the permittee within thirty (30) days from the date of the hearing.

101.02.02 Require restoration of all affected Coastal Wetlands to their condition prior to the violation.

101.02.03 Levy a fine as allowed by the CWPA.

101.02.04 Issue an after-the-fact Permit, Certificate of Exclusion, or Certificate of Waiver after proper application for such in accordance with the application procedures in Chapter 04.

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