22 Miss. Code. R. 23-08-113 - Activities Affecting Coastal Wetlands

113.01 Activities affecting coastal wetlands, but located outside of coastal wetlands must not affect the following characteristics to a greater extent than would otherwise be allowed under Chapter 08, Sections 100 through 112 and 114 through 117:

1. The natural supply of sediment and nutrients to the coastal wetlands.

2. The natural temperature regimes that are part of the ecosystem of coastal wetlands.

3. Salinity regimes.

4. Sediment transport processes.

5. Water flow and natural circulation.

6. The long-term biological productivity of the coastal wetlands' ecosystem

113.02 Activities in the Coastal Zone requiring a Section 404 permit from the U. S. Army Corps of Engineers for discharges into navigable waters of the United States, their tributaries, and adjacent wetlands are highly likely to affect coastal wetlands by altering the characteristics of the ecosystem. These activities may constitute regulated activities under M.C.A. § 49-27-5(c) (ii) and (iii). Where such activities are conducted outside of coastal wetlands, proper application to the U. S. Army Corps of Engineers constitutes sufficient notification to the Department and the Commission.

113.03 The activities listed below are not likely to affect coastal wetlands when located outside of the navigable waters of the United States, their tributaries, and adjacent wetlands. Therefore, the Commission will not assert authority over these activities under the Wetlands Act when these activities are conducted using generally accepted construction practices.

1. Road resurfacing, repairing and maintenance.

2. Repair and maintenance of sewer, water and drainage systems.

3. Installation of new drainage structures such as culverts, catch basins, inlets, and junction boxes where the tributary acreage involved is less than nine hundred (900) acres and where the point of outfall for drainage system is not altered.

4. Construction activities involving less than four (4) acres of land clearing where the path of drainage flow from the site to mean low water has an average slope of less than two (2) percent.

Notes

22 Miss. Code. R. 23-08-113

Adopted 10/22/2018