11 Miss. Code. R. 7-3.4 - Permitting Requirements

A. No materials shall be placed in a watercourse that will impede or block the natural flow of water without first obtaining a permit from the Permit Board and other appropriate federal, state, and local authorities. Additionally, any activity involving the discharge of dredged or fill material or any other construction in any state waters that are also subject to federal regulation under Section 404 of the 1972 Clean Water Act and/or Section 10 of the Rivers and Harbors Appropriation Act of 1899 shall be conducted in accordance with appropriate provisions of those federal statutes.

B. A permit issued by the Permit Board does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, State, or local laws or regulations. No impoundment may be constructed that will adversely affect riparian or other beneficial water uses or plans for the proper utilization of state waters, or that will cause flooding of upstream property unless the owner of the proposed dam has legally acquired the right to do so.

C. Any dam that impounds a watercourse with a continuous flow shall be designed so that the established minimum flow for the stream (as established by the Commission) is maintained.

D. The owner and/or any person responsible for the construction, enlargement, repair, or alteration of a dam on a watercourse lying, in whole or in part, within a levee district duly constituted under the laws of the State of Mississippi, shall first obtain permission for the work from the board of the levee district and shall provide proof of such permission with the application to the Board.

E. In addition to the general conditions contained herein, the Board may place special conditions on any authorization to construct or modify a dam.

F. A Surface Water Use Permit may also be required for any person to impound and store water behind a dam.

G. Within thirty (30) days after substantial completion of a high or significant hazard dam, the owner shall submit one complete set of as-built plans to the Board. The submittal also shall include a letter signed by the professional engineer responsible for the project, stating that the dam was constructed in accordance with the Board approved plans and specifications. For low hazard dams, the owner should submit a written notice of completion stating the dam was constructed in accordance with the approved application.

Notes

11 Miss. Code. R. 7-3.4

Miss. Code Ann. §§ 51-3-1, et seq., 49-2-1, et seq. and 49-17-1, et seq.

Amended 7/13/2018