Mississippi · Regulations

Part 23: THE MISSISSIPPI COASTAL PROGRAM

94 sections

22 MAC Pt. 23, R. 1.1This Part provides for the regulation of Coastal Wetlands and the implementation of
22 MAC Pt. 23, R. 2.1The Executive Director has determined that the regulation of certain activities within
22 MAC Pt. 23, R. 2.2The Executive Director is authorized to prepare and implement a coastal program,
22 MAC Pt. 23, R. 2.3The Executive Director has determined that certain mandatory requirements must be
22 MAC Pt. 23, R. 3.1Definitions
22 MAC Pt. 23, R. 4.1
22 MAC Pt. 23, R. 4.2Permit applications must be submitted to the Department on prescribed forms and must
22 MAC Pt. 23, R. 4.3Upon receipt of an application and application fee, the Department will evaluate the
22 MAC Pt. 23, R. 5.1Upon receipt of a permit application to conduct regulated activities, the Department
22 MAC Pt. 23, R. 5.2The Department may schedule a hearing on any application and will schedule a hearing
22 MAC Pt. 23, R. 6.1The Executive Director must base all decisions on the rules, guidelines, and procedures
22 MAC Pt. 23, R. 6.2In making recommendations for regulated activities, the Department will evaluate the
22 MAC Pt. 23, R. 6.3In evaluating the public interest and making recommendations regarding regulated
22 MAC Pt. 23, R. 6.4All uses in Coastal Wetlands previously authorized as of the adoption of Title 22, Part
22 MAC Pt. 23, R. 6.5Failed structures that are not serving the purpose for which they were constructed must
22 MAC Pt. 23, R. 6.6As a condition of granting a permit, the Advisory Commission may recommend that the
22 MAC Pt. 23, R. 6.7An applicant, or any person, corporation, municipal corporation, county, or interested
22 MAC Pt. 23, R. 7.1The Department maintains a digital map that depicts the Coastal Wetlands Use Plan that
22 MAC Pt. 23, R. 7.2The Coastal Wetlands Use Plan is divided into use districts
22 MAC Pt. 23, R. 7.3Applicants proposing to conduct regulated activities which are not associated with a use
22 MAC Pt. 23, R. 8.1Docks, Piers, Boat Shelters (including boathouses), and Hoists:
22 MAC Pt. 23, R. 8.2Boat Ramps:
22 MAC Pt. 23, R. 8.3Marinas, Boat Basins, and Boat Slips:
22 MAC Pt. 23, R. 8.4Bulkheads, Seawalls, Breakwaters, Groins and Jetties:
22 MAC Pt. 23, R. 8.5Cables, Pipelines and Transmission Lines:
22 MAC Pt. 23, R. 8.6Transportation:
22 MAC Pt. 23, R. 8.7Channels and Access Canals:
22 MAC Pt. 23, R. 8.8Dredged Material Disposal:
22 MAC Pt. 23, R. 8.9Tidal Marsh and Watershed Impoundments:
22 MAC Pt. 23, R. 8.10Drainage Canals or Ditches:
22 MAC Pt. 23, R. 8.11Oil and Gas Exploration and Production:
22 MAC Pt. 23, R. 8.12Other Mineral Extraction:
22 MAC Pt. 23, R. 8.13Facilities Requiring Water for Cooling or Heating:
22 MAC Pt. 23, R. 8.14Activities Affecting Coastal Wetlands:
22 MAC Pt. 23, R. 8.15Filling Other Than Dredged Material Disposal:
22 MAC Pt. 23, R. 8.16Dockside Casinos:
22 MAC Pt. 23, R. 8.17Intake and Discharge Structures:
22 MAC Pt. 23, R. 8.18Dredging/Excavation:
22 MAC Pt. 23, R. 8.19Variances to the Requirements for Regulated Activities may be granted at the
22 MAC Pt. 23, R. 9.1The Department will find the following to be water dependent industry:
22 MAC Pt. 23, R. 9.2The following are water dependent industries to the extent that they comply with the
22 MAC Pt. 23, R. 9.3In cases where a permit is required to build structures on suitable sites for water
22 MAC Pt. 23, R. 10.1Guidelines for Beaches:
22 MAC Pt. 23, R. 10.2Guidelines for Islands and Dunes:
22 MAC Pt. 23, R. 10.3Guidelines for Shorelines:
22 MAC Pt. 23, R. 10.4Guidelines for Visual Access:
22 MAC Pt. 23, R. 10.5Guidelines for Visual Buffers:
22 MAC Pt. 23, R. 10.6Guidelines for Building Exteriors:
22 MAC Pt. 23, R. 10.7Guidelines for General Landscaping:
22 MAC Pt. 23, R. 10.8Guidelines for Site Furniture:
22 MAC Pt. 23, R. 10.9Guidelines for Utilities:
22 MAC Pt. 23, R. 11.1Certain activities are excluded from the requirement to secure a permit based on:
22 MAC Pt. 23, R. 11.2Excluded activities must adhere to the public policy of Coastal Wetlands protection
22 MAC Pt. 23, R. 11.3Parties proposing to conduct excluded activities other than those listed in Miss
22 MAC Pt. 23, R. 11.4When an application for an excluded activity is received, the Department will prepare
22 MAC Pt. 23, R. 11.5Regulated activities which, in the judgment of the Executive Director or their delegate,
22 MAC Pt. 23, R. 11.6Excluded activities proceeding without authorization under a Certificate of Exclusion
22 MAC Pt. 23, R. 12.1The Department is responsible for conducting inspections to ensure that the CWPA is
22 MAC Pt. 23, R. 12.2
22 MAC Pt. 23, R. 12.3Procedures for action against a permittee or party proceeding without proper
22 MAC Pt. 23, R. 12.4If a permittee proceeds contrary to a suspension or revocation of Permit, Certificate of
22 MAC Pt. 23, R. 13.1Federal actions that may have reasonably foreseeable effects on coastal uses and
22 MAC Pt. 23, R. 14.1All State actions listed in this section are considered reviewable unless otherwise
22 MAC Pt. 23, R. 14.2Agencies proposing reviewable actions must submit such actions for review at least
22 MAC Pt. 23, R. 15.1The Department will provide a copy of the notification to the Coastal Program
22 MAC Pt. 23, R. 15.2Based upon Coastal Program Agency review and the consistency certification
22 MAC Pt. 23, R. 15.3If a state agency and the Department disagree, the Department will utilize any
22 MAC Pt. 23, R. 15.4If no Coastal Program Agency has objected to the proposed action on the basis of
22 MAC Pt. 23, R. 15.5Conditional Consistency Certifications may be issued by the Department when
22 MAC Pt. 23, R. 15.6A Consistency Certification may be withheld if a Coastal Program Agency finds that
22 MAC Pt. 23, R. 15.7
22 MAC Pt. 23, R. 15.8
22 MAC Pt. 23, R. 15.9If an agency proceeds with its proposed action over an adverse determination from a
22 MAC Pt. 23, R. 15.10If a Consistency Certification is withheld for any reason, the agency proposing the
22 MAC Pt. 23, R. 16.1The Coastal Program Agencies must review the applications, notifications, and
22 MAC Pt. 23, R. 16.2The Coastal Program Agencies must:
22 MAC Pt. 23, R. 16.3If a Coastal Program Agency has not commented within the allotted review time there
22 MAC Pt. 23, R. 16.4Agencies other than Coastal Program Agencies are encouraged to review and
22 MAC Pt. 23, R. 17.1The purposes of special management area (SMA) designation are:
22 MAC Pt. 23, R. 17.2A SMA designation does not authorize the imposition of new regulatory authorities
22 MAC Pt. 23, R. 17.3Those SMAs identified in the PROGRAM as of the date these procedures and
22 MAC Pt. 23, R. 17.4The responsible local government and the Executive Director, acting through the
22 MAC Pt. 23, R. 17.5SMA Plans must define the boundaries of the area, and provide a clear description of
22 MAC Pt. 23, R. 17.6SMA Plans must recognize environmental and economic factors, and where a plan is
22 MAC Pt. 23, R. 17.7SMA Plans must specify the implementation responsibilities of local, state, and federal
22 MAC Pt. 23, R. 18.1The Executive Director may from time to time make revisions to these rules,
22 MAC Pt. 23, R. 18.2
22 MAC Pt. 23, R. 18.3Where the proposed revision concerns the regulation of suitable sites for water
22 MAC Pt. 23, R. 18.4Following the public hearing, the Executive Director will consider the proposed
22 MAC Pt. 23, R. 18.5Before becoming effective, any revision must be published at least once a week for
22 MAC Pt. 23, R. 18.6The Executive Director may make revisions to these rules, regulations, guidelines and
22 MAC Pt. 23, R. 18.7Parties other than the Executive Director desiring to revise or contest the making of
22 MAC Pt. 23, R. 18.8The Executive Director may issue corrections to these rules, regulations, guidelines,
22 MAC Pt. 23, R. 19.1Each chapter and subchapter of Title 22, Part 23 is hereby declared separable, and