Definitions

Definitions A. ACCESS PIER - A pier or similar structure roughly perpendicular to the shoreline necessary to link docks, piers, boat shelters, hoists, and similar structures to land. B. ADVISORY COMMISSION - The Mississippi Advisory Commission on Marine Resources. C. BENEFICIAL USE OF DREDGED MATERIAL - The use of dredged material for the restoration, enhancement, or protection of coastal habitats and ecosystems in accordance with Miss. Code Ann. §49-27-61. D. COASTAL PROGRAM AGENCIES - The Mississippi Department of Marine Resources, the Mississippi Department of Environmental Quality-Office of Pollution Control, the Mississippi Department of Environmental Quality-Office of Land and Water Resources, and the Mississippi Department of Archives and History. These agencies have administrative responsibilities for implementing the goals of the coastal program. E. COASTAL WETLANDS - All publicly-owned lands subject to the ebb and flow of the tide; which are below the ordinary high water mark; all publicly-owned accretions above the ordinary high water mark and all publicly-owned submerged water-bottoms below the ordinary high water mark and includes the flora and fauna on the wetlands and in the wetlands. F. COASTAL ZONE - Hancock, Harrison, and Jackson Counties seaward to the State’s jurisdictional limits. G. DEPARTMENT - The Mississippi Department of Marine Resources. H. DREDGING - The removal or displacement by any means of soil, sand, gravel, shells or other material, whether of intrinsic value or not, from coastal wetlands or areas in the Coastal Zone below the ordinary high water mark. I. EXCAVATION - The removal or displacement of soil above the ordinary high water mark which results in the affected area being made subject to regular tidal inundation. J. EXECUTIVE DIRECTOR - The Executive Director of the Department of Marine Resources. K. FAILED STRUCTURE - A structure that has deteriorated to the point that it no longer provides the intended and original function. L. FAILING STRUCTURE - A structure that has structural weaknesses but that still provides the intended and original function. M. FILLING - The displacement of waters by deposition of soil, sand, gravel, shells, or other material into Coastal Wetlands or the Coastal Zone; or the artificial alteration of water levels or water currents by physical structures, drainage ditches or otherwise. N. MAINTENANCE - Care or upkeep of facilities or structures in order to preserve their condition, purpose, and or function. O. MAJOR COASTAL RIVERS AND STREAMS - The Pearl River, Jourdan River, Catahoula Creek, Hickory Creek, Wolf River, Little Biloxi River, Biloxi River, Tuxachanie Creek, Tchoutacabouffa River, Black Creek, Pascagoula River, Big Cedar Creek, Escatawpa River, and Big Creek. P. MARINA - A facility providing more than twelve (12) mooring spaces for boats that may provide supplies and services including electricity, fresh water, fuel or sewage collection facilities. Q. MEAN HIGH WATER - The arithmetic mean of all the high waters occurring in a particular nineteen-year (19-year) tidal epoch period; or for a shorter period of time after corrections are applied to the short term observations to reduce these values to the equivalent nineteen-year (19-year) value. R. MEAN LOW WATER - The arithmetic mean of all the low waters occurring in a particular nineteen-year (19-year) tidal epoch period or for a shorter period of time after corrections are applied to the short term observations to reduce these values to the equivalent nineteen-year (19-year) value. S. MISSISSIPPI COASTAL PROGRAM (PROGRAM) - The consolidated statement of State policy in the coastal area, as prescribed by Miss. Code Ann. §57-15-1 et seq., including all narratives, descriptive materials, maps, figures, and tables. T. MISSISSIPPI COASTAL WETLANDS PROTECTION ACT (CWPA) - Miss. Code Ann.§ 49-27-1 et seq. U. ORDINARY HIGH WATER MARK (OHWM) - A mark on the shore determined by the department staff, established by fluctuations in water level and indicated by physical and biological characteristics including, but not limited to, water stains, changes in the character of the soil, scour lines, presence of debris lines, changes in plant communities and other appropriate means that consider the characteristics of the surrounding area. The determination of OHWM shall not be made by the department staff during high tide where the above referenced characteristics are not observable. OHWM is not the same as mean high water and shall not be used for determination of the boundary between private property and public trust tidelands or for any purpose other than regulated activity as defined in this section. V. PERSON - Any natural person, partnership, joint stock company, corporation, unincorporated association or society, or the state and any agency thereof, or any county, municipality or political subdivision, or any other corporation of any character whatsoever. W. PRIVATE SINGLE-FAMILY OR MULTI-FAMILY PIER - A pier that is part of an adjacent single-family home subdivision or multi-family condominium or apartment development that provides mooring spaces and docking facilities restricted for use by only homeowners or tenants of the adjacent development. Private single-family and multi-family piers with twelve (12) or fewer mooring spaces are compatible with a "G" for general use designation. Private single-family and multi-family piers with more than twelve (12) mooring spaces require a "C" for commercial use designation. Commercial vessels may not be moored in a multi-family pier. X. PUBLIC BEACH - Any beach which has been dedicated to the public or in which the public has a right of use by easement, prescription, custom, government ownership, or any other act, law or instrument. Y. PUBLIC MARINA - A marina that offers mooring spaces and docking facilities for lease by the general public. Public marinas include recreational and commercial marinas, and they require a “C” for commercial or “I” for industrial use designation. Z. REGULATED ACTIVITIES - The dredging, excavating or removing of sediment, mud, sand, gravel, flora, fauna, or aggregate of any kind from any coastal wetlands; the dumping, filling or depositing of any soil, stones, sand, gravel, mud, aggregate of any kind or garbage, either directly or indirectly, on or in any coastal wetlands; killing or materially damaging any flora or fauna on or in any coastal wetlands; the erection on coastal wetlands of structures which materially affect the ebb and flow of the tide; and the erection of any structure on suitable sites for water dependent industry. The use of the term “indirectly” in this definition covers the possibility of activities located outside of coastal wetlands that cause dumping, filling, or depositing in coastal wetlands. AA. REPAIR - Restoring facilities or structures to their original condition, purpose, and function. BB. SENSITIVE COASTAL WETLANDS - Coastal Wetlands containing submerged aquatic vegetation, emergent marsh vegetation, shellfish beds, fishing reefs, and hard banks containing reef building organisms. CC. SMA - A Special Management Area designated under Chapter 17. DD. SUITABLE SITES FOR WATER DEPENDENT INDUSTRY - Those areas of land which are suitable for the development of water dependent industry because of their proximity to waters of navigable depth, size and configuration, topography, soil conditions and access to other means of transportation. The definition is limited to, but does not necessarily include, waterfront sites owned by county port authorities, development commissions and port and harbor commissions, and to areas that are now or are later made to be within one thousand (1,000) feet of the centerline of any natural or maintained channel having a depth of seven (7) feet or greater at mean low water. However, additional sites may be included in the definition of suitable sites for water dependent industry with the concurrence of the board of supervisors in the county affected. EE. TIDAL MARSH - Areas of vegetated lands from the ordinary high water mark seaward to a point where the vegetation ceases to exist. FF. WATER DEPENDENT INDUSTRY - Those commercial, industrial, or manufacturing activities which, for purposes basic to their existence, must occur or locate on or adjacent to the estuaries, sounds, channels, shores or marshlands of the coast. GG. WATERBOTTOMS - Coastal Wetlands from the seaward limit of tidal marsh to the limit of the territorial sea, exclusive of dredge material disposal islands and other accretions above the ordinary high water mark. HH. YACHT CLUB MARINA - A marina that restricts mooring spaces and docking facilities to members only of a private association organization. Yacht clubs require a “C” for commercial or “I” for industrial use designation. MISS. CODE ANN. §§49-15-304, 49-27-1 et seq., 57-15-6, and 57-15-10. CHAPTER 04 COASTAL WETLANDS PERMIT APPLICATION PROCEDURES