22 MAC Pt. 23, R. 11.5
Regulated activities which, in the judgment of the Executive Director or their delegate,
Cite as 22 Miss. Admin. Code Pt. 23, R. 11.5
Regulated activities which, in the judgment of the Executive Director or their delegate,
after an on-site inspection, have no harmful impact on the environment and which make no
substantial change in the wetlands may be authorized by a Certificate of Waiver or similar
authorization from the Executive Director or their delegate.
A. A Certificate of Waiver may be issued only if the activity complies with the applicable
provisions of all sections of these rules, regulations, guidelines and procedures.
B. Issuance and acceptance of a Certificate of Waiver does not relieve the applicant from the
requirements of obtaining a permit from the U. S. Army Corps of Engineers or the DEQ,
nor from the necessity of compliance with other applicable state or local laws, ordinances
and zoning regulations.
C. Activities described as eligible for a general, regional, or national permit or similar
authorization from the U. S. Army Corps of Engineers under Section 10 of the Rivers and
Harbors Act, Section 404 of the Clean Water Act, or any memorandum of understanding
or agreement with the U. S. Army Corps of Engineers, U. S. Coast Guard or other state or
federal agency having regulatory responsibility in coastal wetlands, provided such
agreement or authorization has previously been reviewed by relevant federal and state
agencies, are eligible for a Certificate of Waiver.
D. Emergency activities that are necessary to prevent loss of life, imminent destruction of
property or activities which eliminate hazards to the public well-being are eligible for a
Certificate of Waiver.
MISS. CODE ANN. ยงยง49-15-304, 49-27-7, 49-27-59, 57-15-6, 57-15-10.