22 Miss. Code. R. 23-07-105

The Coastal Wetlands Use Plan is divided into use districts. These districts and the allowable uses within each district are described below:

105.01 Industrial Development (I) Districts are coastal wetlands areas designated to accommodate water dependent industrial development. Allowable uses or activities in an industrial development district are the construction of piers, docks, wharfs, dolphins, bulkheads, skids, marine launchways, dry docks, graving docks, launching ramps, hoists, cranes, submarine cables or pipelines, water intake or effluent discharge structures, other similar structures necessary for water dependent industrial development. Uses allowed in C and G districts are also allowable.

105.02 Commercial Fishing, Recreational Marina, and Dockside Gaming (C) Districts are coastal wetlands areas designated to accommodate developments necessary to support commercial fishing or recreational marinas, dockside gaming and associated activities. Allowable uses or activities are commercial fishing and recreational marinas, dockside gaming, share front finfish and shellfish processing facilities, ice plants and boat repair facilities for commercial fishing and recreational use, the construction of piers, docks, dolphins, bulkheads, wharfs, launching ramps, hoists or cranes, other similar structures necessary for commercial fishing, dockside gaming and recreational marina use as well as dredging and filling necessary to accommodate these uses. Uses allowed in G districts are also allowable.

105.03 General Use (G) Districts are coastal wetlands areas where only minor alterations are allowed when such alterations do not adversely affect recreation, swimming, fishing, and the natural scenic qualities of the wetlands. Allowable uses or activities are the construction of piers, docks, bulkheads and other similar structures for non-commercial purposes; submarine cables and pipelines; launching ramps; oyster farming, transportation facilities developed under a plan reviewed and found to be consistent under Chapter 14 or Chapter 18; overhead transmission lines; beach nourishment activities; reasonable dredging necessary to accommodate the above uses. All wetlands not otherwise designated are considered general use areas.

105.04 Preservation (P) Districts are coastal wetlands areas where no permanent alterations are allowed except as described below. Allowable uses are activities such as fishing, oystering, swimming, hunting, trapping, scientific or educational pursuits and other passive recreation. Where a P district adjoins private property, the riparian owner may construct a pier to gain water access. Coastal wetlands designated for preservation are indicated by map code Pl and seagrass beds designated for preservation are indicated by map code P2. Projects intended to provide restoration or enhancement of coastal wetlands may be allowed within Preservation Districts. The use district for the project area will be changed to S6.

105.05 Special Use (S) Districts are areas of coastal wetlands which are leased and/or designated for certain specific uses. These uses and their corresponding map codes are described below.

105.05.01 S₁: Natural and artificial oyster reefs where seafood harvesting operations as provided for by law are allowed.

105.05.02 S₂: Leased coastal wetlands for oyster cultivation where only seafood harvesting by the leaseholder is allowed. Oyster leases granted by the Department become S2 designation on the Coastal Wetlands Use Plan Map.

105.05.03 S₃: Leased coastal wetlands for other purposes, where uses specified in a lease from the State of Mississippi are allowed, provided the activities have previously been reviewed and approved by the Commission. Leases let by the Secretary of State and the DEQ for projects reviewed and approved by the Commission become Special Use S₃ Districts on the Coastal Wetlands Use Plan Map. This designation is in addition to the existing use designation.

105.05.04 S₄: Areas of coastal wetlands designated for dredged material disposal other than beneficial use of dredged material.

105.05.05 S₅: Areas of coastal wetlands where navigation channels may be constructed and maintained.

105.05.06 S₆: Restoration and enhancement areas. Uses allowed in P districts are allowable unless otherwise prohibited.

105.06 Applicants proposing to conduct regulated activities which are not associated with a use allowed in the current use district may petition the Commission 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 Commission, based on findings and recommendations from the Department. 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:

105.06.01 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 wetlands protection;

105.06.02 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 held;

105.06.03 The adjustment would be temporary in order to allow a temporary activity in the public interest with the adjustment occurring in a prescribed period set by the Commission, at the end of which the area would revert to the original use designation.

105.06.04 There was a mistake in the original drafting of the Coastal Wetlands Use Plan.

Notes

22 Miss. Code. R. 23-07-105

Adopted 10/22/2018