22 MAC Pt. 23, R. 7.3
Applicants proposing to conduct regulated activities which are not associated with a use
Cite as 22 Miss. Admin. Code Pt. 23, R. 7.3
Applicants proposing to conduct regulated activities which are not associated with a use
allowed in the current use district may petition the Executive Director for a change to the use
district by specifically justifying the request. Adjustments to the Coastal Wetlands Use Plan may
be granted at the discretion of the Executive Director, based on findings and recommendations
from the Department and the Advisory Commission. Hearings and notices thereof must be in
accordance with Chapter 05. Notification must provide the general public or governmental
entities an opportunity to comment or object to the activity and include the opportunity for a
public hearing. Approval of an adjustment must be based on one (1) or more of the following
criteria:
A. No significant environmental impacts would occur as a result of the use allowed; no
feasible, alternative sites in the use designation being requested are available; the general
public and governmental entities were notified of the activity; no significant conflicts
with surrounding uses or public access to Coastal Wetlands would occur; and the activity
does not adversely affect the public interest in protecting Coastal Wetlands;
B. There is a significant public benefit in the activity; impacts to public access and adverse
environmental impacts have been minimized; the general public and governmental
entities were notified of the project; and a public hearing was conducted;
C. The adjustment would be for a temporary activity in the public interest with the
adjustment occurring in a prescribed period set by the Executive Director, at the end of
which the area would revert to the original use designation.
D. There was a mistake in the original drafting of the Coastal Wetlands Use Plan.
MISS. CODE ANN. ยงยง25-43-1 e. seq.,49-15-304, 49-27-13, 49-27-59, 57-15-6, 57-15-10
CHAPTER 08: REQUIREMENTS FOR CONDUCTING REGULATED ACTIVITIES