Variances to the Requirements for Regulated Activities may be granted at the

Variances to the Requirements for Regulated Activities may be granted at the discretion of the Executive Director, based on findings and recommendations from the Department. To petition for a variance to the requirements, an applicant must identify the requirement(s) to which a variance is requested and must specifically justify the request. A public hearing held as part of a permit or decision process required under state or federal law, and that is referenced in Chapter 05, will be sufficient to meet the requirements of this section, if the hearing has addressed the issue of a variance. Approval of a variance must be based on one or more of the following: A. The impacts on Coastal Wetlands would be no worse than if the requirements were followed; B. The variance would be temporary, with restoration to conform with the requirements taking place within a period specified in a permit, which period must be no less than thirty (30) days nor more than one hundred and twenty (120) days following completion of the activity; C. No feasible, alternative sites or construction techniques are available; there is a significant public benefit in the activity; and a public hearing has been conducted ; D. The activity requires a waterfront location; there is a significant public benefit in the activity; and a public hearing has been conducted . MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10. CHAPTER 09: WATER DEPENDENT INDUSTRY