22 MAC Pt. 23, R. 9.2
The following are water dependent industries to the extent that they comply with the
Cite as 22 Miss. Admin. Code Pt. 23, R. 9.2
The following are water dependent industries to the extent that they comply with the
siting criteria below:
A. Commercial and sportfishing facilities, including finfish and shellfish processing plants
and large commercial docking facilities.
B. Shipbuilding and repair for barges, cargo vessels, combat ships, dredges, tugboats,
floating dry docks, ferry boats, landing ships, marine lighters, marine rigging, passenger-
cargo vessels, trawlers, sailing vessels, submarine tenders tankers, towboats, houseboats,
and other marine vessels and transportation.
C. Fabrication of steel and concrete structural assemblies or components requiring water
transport because of their size, including barge sections, ship sections, large metal buoys,
offshore platforms and subassemblies, bridge sections, hoists, trusses, beams, and other
such structural components.
D. Commercial, industrial or manufacturing activities that receive or ship raw materials or
products by waterborne commerce.
E. Siting Criteria
1. The production site is on the landward side of its water access facility and has its
smaller dimension on the waterfront. The production site is that area occupied by
manufacturing facilities, including material storage yards, piping, conveyors,
other handling facilities used in production, and outbuildings housing related
manufacturing activities. Administration and other detached buildings not
integrally related with production processes must be located either within the
production site or on its landward side. The waterfront is the general shoreline of
the site, notwithstanding inlets, finger canals, and the like. On corner lots, and on
other parcels having more than one shoreline, the waterfront is a shoreline on
which a water access facility is located.
2. To the extent that technical, safety, or economic requirements prevent compliance
with these guidelines, a water dependent industry may site in accordance with
such requirements in lieu of the criteria in the Guidelines for Water Dependent
Industries. Technical requirements must be based on professionally accepted
design standards or on physical requirements that stem from the size, weight, or
configuration of raw materials or finished products. Safety requirements must be
based on either laws, rules, regulations or ordinances promulgated by a public
entity, or on safety standards promulgated by trade, industrial, or engineering
associations. Economic requirements are considered when compliance with these
guidelines will preclude an activity’s products from being competitive in its usual
markets. The demonstration that compliance with these guidelines is simply more
costly than other alternatives will not in and of itself be considered economic
requirement.
3. Where existing roads, rail lines, structures, or other physical barriers prevent an
activity from complying with these guidelines by restricting the size of the area
available for production facilities, structures may be built in a larger area to the
extent necessary to accommodate the production facilities.
4. Where a suitable site for water dependent industry is covered by special
management area plans incorporated into the Mississippi Coastal Program, and
where the plan specifically treats water dependency criteria, the provisions of the
special management area plan will be used in lieu of the siting criteria in these
guidelines.
MISS. CODE ANN. §§49-15-304, 49-27-59, 57-15-6, 57-15-10.