Mississippi coastal program

[From the U.S. Government Printing Office, www.gpo.gov]

MISSISSIPPI COASTAL PROGRAM

THIRD PRINTING

MISSISSIPPI DEPARTMENT OF WILDLIFE CONSERVATION
Bureau of Marine Resources

U.S. DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Office of Ocean and Coastal Resource Management

pis~~~~~~~~~~~~;

REVISED OCTOBER 1983-

INFORMATION TO READERS

This document is the third printing of the text of the
Mississippi Coastal Program, as approved by the
Mississippi Commission on Wildlife Conservation on
August 22, 1980. The program was approved by the
Associate Administrator, Office of Coastal Zone Manage-
ment, under the provisions of the Coastal Zone Management
Act on September 29, 1980. On October 1, the new rules
and regulations in Chapter VIII became effective.

This document is the result of several years of program
development. The basic structure of the program was set
by state legislation passed in early 1979, and was des-
cribed in a May, 1979 draft of the program. On March 21,
1980 a public hearing draft was issued. Three hearings,
one in each county, were held on April 21, 22, and 24,
1980. A Draft Environmental Impact Statement was released
on May 12, 1980 and an additional hearing was held on
June 16, 1980.

Based on comments received on the Draft Environmental
Impact Statement, hundreds of revisions were incorporated
into a Final Environmental Impact Statement which was
released in August of 1980. This document has been corrected
for the errata sheet which appeared with the August, 1980
publication. This printing incorporates all other revisions
to the Mississippi Coastal Program through October, 1983.

Please note that the rules, regulations, guidelines and
procedures found in Chapter Eight supercede the Wetlands
Law, Rules and Regulations adopted by the former Mississippi
Marine Resources Council on July 10, 1973 and amended
April 15, 1975.

As a final note, Appendices A through F represent a
compilation of statutes based on three sources: (i) the
Mississippi Code of 1972, (ii) Cumulative Supplements
to the Mississippi Code of 1972, (iii) legislation
passed during the 1979 session and (iv) HB 94 passed
during the 1980 session. The presentation of the
appendices is believed to be accurate. However, the
reader should note that they are designed for use
solely as reference materials for the Mississippi
Coastal Program. Editorial errors may have been made
during compilation.

MISSISSIPPI COASTAL PROGRAM

OCTOBER 1, 1980

REVISED OCTOBER, 1983

* ~~~~~~~~~~PREPARED BY

Bureau of Marine Resources
Department of Wildlife Conservation
P. 0. Drawer 959
USM - Gulf Park Campus
Long Beach, Mississippi 39560

This document was financed in part
through a federal grant from the
Office of Ocean and Coastal Resource
Management under the Coastal Zone
Management Act of 1972, as amended.

MISSISSIPPI COASTAL PROGRAM

TABLE OF CONTENTS

PAGE

INFORMATION TO READERS Inside Cover
Inside Cover
TITLE PAGE i

FUNDING CREDITS ii

TABLE OF CONTENTS iii

LIST OF FIGURES AND TABLES viii

GLOSSARY OF TERMS AND ABBREVIATIONS ix

MISSISSIPPI COASTAL PROGRAM

Chapter One: Program Summary I- 1
Section 1: Scope of the Mississippi Coastal Program I- 2
Section 2: Wetlands Management I- 5
Section 3: Fisheries Management I- 6
Section 4: Policy Coordination I- 7
Section 5: Special Management Areas I- 8
Section 6: Affirmative Management Activities I- 9
Chapter Two: Program Structure and Scope II- 1
Section 1: Administrative Structure II- 2
Section 2: Legal Basis for the Program II- 2
Section 3: Jurisdiction of the Coastal Program II- 6
Section 4: Scope of the Program II- 8
Section 5: Uses and Activities Subject to Management II-15
Chapter Three: Wetlands Management III- 1
Section 1: Wetlands Legislative History III- 2
Section 2: Wetlands Management Framework III- 3
Chapter Four: Fisheries Management IV- 1
Section 1: Fisheries Management Authorities IV- 2
Section 2: Problems in Fisheries Management IV- 3
Section 3: Improving the Fisheries Information Base IV- 4
Section 4: State/Federal/Interstate Organizational
Relationships IV- 6
Section 5: Methods for Enhancing Commercial and
Recreational Fisheries IV- 8

TABLE OF CONTENTS (Cont'd)

PAGE

Chapter Five: Policy Coordination V- 1
Section 1: Background V- 2
Section 2: Procedures V- 3
Chapter Six : Special Management Areas VI- 1
Section 1: Background on Special Management Areas VI- 2
Section 2: Industrial and Port Areas VI- 3
Section 3: Shorefront Access Areas VI- 9
Section 4: Urban Waterfronts VI-18
Chapter Seven: Affirmative Management Activities VII- 1
Section 1: Energy Facility Planning Process VII- 2
Section 2: Shoreline Erosion and Mitigation VII- 7
Section 3: Other Management Activities VII-12
Chapter Eight: Rules, Regulations, Guidelines and Procedures VIII- 1
Section 1: General VIII- 2
Part I: Introduction VIII- 2
A: Purpose and Organization VIII- 2
B: Organization and Operation of the
Bureau of Marine Resources VIII- 2
Part II: Promulgation Authority VIII- 3
A: Wetlands Management VIII- 3
B: Fisheries Management VIII- 3
C: Policy Coordination VIII- 3
D: Special Management Areas* VIII- 3
E: Scenic Preservation VIII- 3
F: National Interest VIII- 4
Part III: Definitions VIII- 4
Part IV: Revisions VIII- 6
A: Revisions at the Initiative of Missis-
sippi Commission on Wildlife
Conservation VIII- 6
B: Revisions at Initiative of Other Parties VIII- 7
C: Corrections VIII- 7
Section 2: Wetlands Management VIII- 8
Part I: General VIII- 8
A: Applicability VIII- 8
B: Permits Required VIII- 8
C: Application Procedure VIII- 8
D: Application Processing VIII-10
E: Basis for Decisions VIII-12
F: Appeals VIII-15
G: Permit Conditions VIII-15
H: Charge for Materials VIII-15
Part II: Exclusions VIII-16
A: Mississippi Code Section 49-27-7
Exclusions VIII-16
B: Construction on Suitable Sites for
Water Dependent Industry VIII-18
C: Notification Requirements VIII-18

TABLE OF CONTENTS (Cont'd)

PAGE

D: Findings on Mississippi Code
Section 49-27-7 Exclusions VIII-19
E: Findings for Construction on Suitable
Sites for Water Dependent Industry VIII-19
Part III: Guidelines for Regulated Activities VIII-21
A: Docks and Piers VIII-21
B: Boat Ramps VIII-22
C: Marinas, Boat Basins, and Boat Slips VIII-22
D: Bulkheads and Seawalls VIII-23
E: Cables, Pipelines and Transmission Lines VIII-23
F: Transportation VIII-24
G: Channels and Access Canals VIII-24
H: Dredged Material Disposal VIII-25
I: Impoundments and Other Water Level
Controls VIII-26
J: Drainage Canals or Ditches VIII-26
K: Oil and Gas Exploration and Production VIII-26
L: Other Mineral Extraction VIII-28
M: Facilities Requiring Water for Cooling
or Heating VIII-28
N: Activities Affecting Coastal Wetlands VIII-28
0: Filling Other than Dredged Material
Disposal VIII-30
Part IV: Coastal Wetlands Use Plan VIII-30
Part V: Actions Against Violators VIII-37
A: Introduction VIII-37
B: Proceeding in Violation of a Valid Permit VIII-37
C: Other Violations VIII-38
Section 3: Fisheries Management VIII-39
Section 4: Policy Coordination VIII-39
Part I: Overview VIII-39
A: Introduction VIII-39
B: Types of Actions VIII-39
C: Notification VIII-40
D: Weekly Log of Projects VIII-40
E: Coastal Program Agency Review VIII-40
F: Other Agencies VIII-41
G: Extent of Review VIII-41
Part II: Coastal Program Agency Responsibilities VIII-41
A: Bureau of Marine Resources VIII-41
B: Bureau of Pollution Control VIII-42
C: Department of Archives and History VIII-42
D: Bureau of Land and Water Resources VIII-42
Part III: Consistency of Findings and Enforcement VIII-42
A: Consistency Certification VIII-42
B: Conflict Resolution Procedure VIII-43
C: Federal Consistency Certification VIII-44
D: Enforcement VIII-47

TABLE OF CONTENTS (Cont'd)

PAGE

Part IV: State Agency Actions Subject to Review VIII-47
A: Bureau of Pollution Control VIII-47
B: Bureau of Geology and Energy Resources VIII-48
C: Bureau of Land and Water Resources VIII-48
D: Bureau of Parks and Recreation VIII-48
E: Department of Archives and History VIII-49
F: Secretary of State (Land Commissioner) VIII-49
G: Board of Health VIII-49
H: State Highway Department VIII-49
I: State Building Commission VIII-49
J: Institutions of Higher Learning VIII-50
K: Bureau of Marine Resources VIII-50
L: Department of Economic Development VIII-50
M: Oil and Gas Board VIII-50
N: Public Service Commission VIII-50
Part V: Federal Actions VIII-50
A: Direct Federal Activities and Develop-
ment Projects VIII-51
B: Federal Licenses and Permits VIII-52
C: Federal Assistance VIII-53
Section 5: Special Management Areas VIII-54
Part I: Introduction VIII-54
A: Purposes VIII-54
B: Limitations VIII-54
Part II: SMA Designations and Plans VIII-54
A: Designating Special Management Areas VIII-54--
B: Developing and Adopting SMA Plans VIII-55
C: Content of Plans VIII-55
Section 6: Guidelines for the Preservation of Natural
Scenic Qualities VIII-56
Part I: Introduction VIII-56
A: Purpose VIII-56
B: Applicability VIII-56
C: SMA Plans VIII-56
D: Professional Services VIII-56
Part II: General Guidelines VIII-56
A: Visual Access VIII-56
B: Visual Buffers VIII-57
C: Building Exteriors VIII-57
D: General Landscaping VIII-58
E: Site Furniture VIII-59
F: Utilities VIII-59
Part III: Guidelines for Scenic Areas VIII-59
A: Beaches VIII-59
B: Islands and Dunes VIII-60
C: Shorelines VIII-60

TABLE OF CONTENTS (Cont'd)

PAGE

Section 7: Guidelines for tne Consideration of the
National Interest VIII-61
Chapter Nine: Federal Requirements IX- 1
Section 1: Index to Federal Requirements IX- 2
Section 2: Uses to Management IX- 3
Section 3: Boundaries IX- 7
Section 4: Special Areas and Priorities of Use IX-10
Section 5: Authorities and Organization IX-12
Section 6: Participation in Program Development IX-13
Section 7: National Interest IX-24

APPENDICES

Appendix A: Coastal Wetlands Protection Law APP- 1
Appendix B: Mississippi Marine Resources Council
(now BMR) Enabling Legislation APP- 6
Appendix C: Mississippi Marine Conservation Commission
(now BMR) Enabling Legislation APP- 9
Appendix D: Air and Water Pollution Control Commission
(now Bureau of Pollution Control) Enabling
Legislation, Mississippi Air and Water
Pollution Control Law APP-16
Appendix E: Board of Water Commissioners (now Bureau
of Land and Water Resources) Enabling
Legislation, Water Resources Laws APP-22
Appendix F: Mississippi Department of Archives and History
Enabling Legislation, Antiquities Law APP-30
Appendix G: Attorney General's Opinion (May 31, 1978)
Detailing MMRC Authorities Under 1978 Wetlands
Management Amendment APP-35
Appendix H: Attorney General's Opinion (December 14, 1976)
Identifying Upland Activities Subject to
Management APP-44
Appendix I: Attorney General's Opinion (October 30, 1974)
Regarding Exempted Activities APP-47
Appendix J: Publications Used in Program Development APP-51

vii

LIST OF FIGURES

FIGURE TITLE PAGE

I-1 Coastal Program Jurisdiction I- 4
II-1 Department of Wildlife Conservation II- 3
II-2 Mississippi Coastal Area II- 7
III-1 Wetlands Permitting Procedure III- 7
V-1 Policy Coordination Review Procedure V- 5
VI-1 Industrial Port Areas VI- 5
VI-2 Shorefront Access Areas VI-12
VI-3 Deer Island Use Zones VI-14
VI-4 Urban Waterfronts VI-19
VII-1 Waterfront Erosion and Accretion Areas VII-11
VIII-1 Coastal Wetlands Use Map - Hancock County VIII-32
VIII-2 Coastal Wetlands Use Map - Harrison County VIII-33
VIII-3 Coastal Wetlands Use Map - Jackson County VIII-34
VIII-4 Coastal Wetlands Use Map - Coastal Waters VIII-35

LIST OF TABLES

TABLE TITLE PAGE

VI-1 Areas Requiring Access Improvements VI-16
VIII-1 Endangered or Threatened Vertebrates of
Mississippi VIII-61
IX-1 Federal Requirements IX- 3
IX-2 Federal Lands in Mississippi's Coastal Zone IX- 9
IX-3 Citizens Advisory Committee IX-14
IX-4 Presentations to Organizations IX-15
IX-5 State Agencies Consulted in Program
Development IX-17
IX-6 Intergovernmental Advisory Committee IX-18
IX-7 Federal Agencies Consulted in Program
Development IX-20

viii

GLOSSARY OF TERMS AND ABBREVIATIONS

1. BMR - Bureau of Marine Resources formed from consolidation of Mississippi
Marine Resources Council and Mississippi Marine Conservation Commission,
effective July 1, 1979.

2. CEIP - Coastal Energy Impact Program.

3. Coastal area - Harrison, Hancock and Jackson counties as well as all
adjacent coastal waters. Included in this definition are the barrier
islands.

4. DNR - Department of Natural Resources. DNR is governed by a seven member
commission created July 1, 1979, from consolidation of the following state
agencies: Mineral Lease Commission; Geological; Economic and Topographic
Survey; Fuel and Energy Management Committee; Board of Water Commissioners;
Air and Water Pollution Control Commission; all regional water authorities;
and park commissions. The DNR is presently divided into four Bureaus:
Bureau of Geology and Energy Resources; Bureau of Water Resources; Bureau
of Recreation and Parks; and Bureau of Pollution Control.

5. DWC - Department of Wildlife Conservation. DWC is governed by a five member
commission and was created July 1, 1979, due to consolidation of four state
agencies: Game and Fish Commission; Boat and Water Safety Commission;
Marine Resources Council; and the Marine Conservation Commission.

6. FCMA - Fisheries Conservation and Management Act.

7. FCZ - Fisheries Conservation Zone.

8. GSMFC - Gulf States Marine Fisheries Commission.

9. LNG - Liquified Natural Gas.

10. MCP - Mississippi Coastal Program - the M'ississippi Coastal Zone Management
Program, including all maps, illustrations, and descriptions pertaining to it.

11. MCWC - Mississippi Commission on Wildlife Conservation.

12. NMFS - National Marine Fisheries Service.

13. NOAA - National Oceanic and Atmospheric Administration.

14. 003 - Outer Continental Shelf.

15. OCZM - Office of Coastal Zone Management.

16. OSY - Optimal sustainable yield, used in connection with fisheries
management.

17. SMA - Special management area.

. ~NOTE: The definitions in the rules, regulations, guidelines, and procedures
provide a more detailed explanation of terms used in the program.

M P Document

CHAPTER ONE
PROGRAM SUMMARY
Contents
Section 1: Scope of the Mississippi Coastal Program
Section 2: Wetlands Management
Section 3: Fisheries Management
Section 4: Policy Coordination
Section 5: Special Management Areas
Section 6: Affirmative Management Activities

CHAPTER ONE: PROGRAM SUMMARY

SECTION 1: SCOPE OF THE MISSISSIPPI COASTAL PROGRAM

The Mississippi Coastal Program is built around ten goals:

1. To provide for reasonable industrial expansion in the coastal
area and to insure the efficient utilization of waterfront
industrial sites so-that suitable sites are conserved for
water dependent industry.

2. To favor the preservation of the coastal wetlands and eco-
systems, except where a specific alteration of a specific
coastal wetlands would serve a higher public interest in
compliance with the public purposes of the public trust in
which the coastal wetlands are held.

3. To protect, propogate, and conserve the state's seafood and
aquatic life in connection with the revitalization of the
seafood industry of the State of Mississippi.

4. To conserve the air and waters of the state, and to protect,
maintain, and improve the quality thereof for public use, for
the propogation of wildlife, fish and aquatic life, and for
domestic, agricultural, industrial, recreational, and other
legitimate beneficial uses.

5. To put to beneficial use to the fullest extent of which they
are capable the water resources of the state, and to prevent
the waste, unreasonable use, or unreasonable method of use
of water.

6. To preserve the state's historical and archeological resources,
to prevent their destruction, and to enhance these resources
wherever possible.

7. To encourage the preservation of natural scenic qualities in
the coastal area.

8. To consider the national interest involved in planning for
and in the siting of facilities in the coastal area.

9. To assist local governments in the provision of public
facilities services in a manner consistent with the coastal
program.

10. To insure the effective, coordinated implementation of public
policy in the coastal area of Mississippi comprised of Hancock,
Harrison and Jackson Counties.

1- 2

On the whole, these goals promote decisions that balance development
with the environment. These decisions are made by the Mississippi
0 ~ ~~Commission on Wildlife Conservation as well as a number of other
state agencies. The Commission on Wildlife Conservation acts through
the Bureau of Marine Resources (BMR)*. BMR is basically responsible
for the "wet" resources of the coastal area. It has direct regulatory
control over coastal wetlands, marine fisheries, and certain waterfront
industrial sites. Other agencies handle the management of coastal re-
sources on land. These are the Bureau of Pollution Control (air and
water pollution), the Bureau of Land and Water Resources (surface and
groundwaters) and the Department of Archives and History (historical
resources).

This two-tiered system is shown in Figure 1-1. (The drawing is highly
simplified for illustration purposes). It shows BMR's jurisdiction
running from the high tide line seaward. Above high tide, other agencies
have regulatory jurisdiction. To insure that the different agencies work
together, the coastal program establishes a policy coordination procedure-
an interagency review system to coordinate the actions of agencies operat-
ing on the coast.

The regulatory functions illustrated in Figure 1-1 are described in
Chapters 111, IV, and V. These figures are essential to managing coastal
resources. But management entails more than regulation. Management must
also involve affirmative efforts that promote activities which utilize
resources in compliance with the program. Accordingly, Chapters VI and
VII describe the enhancement efforts of the coastal program dealing with
0 ~ ~special management areas and affirmative management activities. By
regulating development away from fragile coastal resources while encouraging
development in areas capable of accommodating it through special area plann-
ing, the program will be able to achieve simultaneously the goals of
development and environmental preservation.

The remaining sections of this chapter describe the major parts of the
coastal program in summary form, and serve as a guide to the rest of
the program document.

*As a matter of law, the authorities described in this program are
exercised by the Mississippi Commission on Wildlife Conservation
acting through the Bureau of Marine Resources, a subdivision of
the Department of Wildlife Conservation. When the Department of
Wildlife Conservation or Bureau of Marine Resources are referred
to in this program, the reference should be understood to include
the authority of the Mississippi Commission on Wildlife Conserva-
tion, unless the context clearly indicates otherwise.

1-3

Figure I-1
COASTAL PROGRAM JURISDICTION

POLICY COORDINATION PROCEDURES

OTHER AGENCY REGULATION j... BMVR REGULATION

jr
z

HIGH MARSH TIDAL MARSH

SECTION 2: WETLANDS MANAGEMENT

Mississippi's coastal wetlands are an important resource, not just
for the state but the nation as well. Wetlands provide livelihoods
and recreation for coastal residents. They serve as habitats, and
supply nutrients for marine species. They are buffer zones for
hurricane protection and shelter for animals. Less widely known is
the fact that tidal marshes function as filters, removing pollutants
such as sewage and surface run-off which would otherwise move into
the Mississippi Sound, degrading the state's marine resources.

While coastal wetlands are important to the ecosystem, they have been
highly susceptible to destruction, mostly as a result of man's actions.
Many areas of wetlands have been lost through dredging for channels,
marinas, and ports, or have been filled to create new land. The dis-
posal of dredge material has resulted in a loss of considerable aquatic
habitat.

The Coastal Wetlands Protection Law (also referred to as the "Wetlands
Law", and provided in Appendix A) establishes the public policy of
preserving coastal wetlands in their natural state, except where an
alteration of a specific coastal wetland serves a higher public interest.
To carry out this policy, a permitting and compliance review procedure is
also authorized by the law. The permitting and review procedure governs
the regulated activities defined by the law. The most significant regulated
activities are dredging and filling in coastal wetlands. According to the
0 ~ ~~Wetlands Law, filling in coastal wetlands is regulated even if the source
of f ilIi ng i s outsi de of the coastal wetl ands. An example of this case
would be the uncontrolled erosion of upland fill material into coastal
wetlands.

The Wetlands Law was recently amended to include a new regulated activity:
the ere~ctioqn of structures on sites designated as-suitable for waterj depend-
entindsty. This new regulatedc activity was establihedtrerv
waterfr~onit sites for industries which genuinely require water access. By
conserving existing waterfront industrial sites, the long-term demand for
creating new sites can be reduced, thereby reducing the need for environ-
mentally and economically costly dredging.

Certain agencies, areas, and activities are not required to secure
permits to conduct regulated activities in coastal wetlands. However,
activities excluded from permits must nonetheless be conducted in compliance
with the state's wetlands protection policy.

Most notable among the exclusions are local port and development authorities.
This reflects the high priority that industrial and port development has in
Mississippi. Another exclusion allows water dependent industry to erect
structures on suitable sites for water dependent industry without a permit.

1-5

Decisions on permits under the Wetlands Law will be governed by two
major regulatory tools. The first is the wetlands use plan which
designates the types of activities that are allowable in specific I
coastal wetlands areas. The second regulatory tool is a set of
guidelines that describe how activities affecting coastal wetlands
should be conducted to minimize adverse impacts. The wetlands use
plan and the guidelines serve as the basis for permit decisions and
for reviewing other actions for compliance with the program.

Chapter III of the program describes wetlands management efforts in
detail. Wetlands management is implemented by the rules, regulations,
guidelines, and procedures in Chapter VIII.

SECTION 3: FISHERIES MANAGEMENT

Commnercial and recreational fishing both play important roles on the
Mississippi Coast. In 1979, commercial fishing brought an estimated
$33 million in dockside value to the Mississippi economy. Approximately,
3,680 people were employed in the commercial fishing industry in 1978.
Thousands more are employed in the fishing-related tourism industry.
In addition to generating income, fishing is one of the coast's most
enjoyed recreational opportunities.

The long term stability of the fisheries for the economic and recreational
benefit of the coast is of major concern in the coastal program. The thrust
of the program is to manage fishing so that the optimum sustainable yield of
the fisheries is maintained. Optimum sustainable yield is important. Fish-
ery productivity is damaged if the resource is over-harvested, but at the
same time, the coast would be deprived of employment and income if the
fisheries are not utilized at their optimum level.

Chapter IV describes the state's fisheries management efforts. The
regulatory management of fisheries is achieved through ordinances that
control the quantity and type of marine life harvested. These ordinances
work through regulations governing four major facets of fishing: (i) char-
acteristics of the catch such as fish size or shrimp count; (ii) equipment
characteristics such as net size and mesh and dredge size; (iii) geographic
areas within which certain fishing activities are permissible; and (iv)
seasons during which fishing may take place. The wetlands management
aspects of the program support fisheries management efforts by protecting
habitats.

The regulation of fishing activities through measures such as ordinances
is one way of conserving the marine resources, but there are affirmative
development efforts which, if employed, can enhance fisheries resources.
One such effort is the establishment and improvement of public oyster
reefs. In 1979, several natural reefs on the coast were expanded with
the placement of clam and oyster shells as cultch material. A developing
technology which holds promise for enhancing the industry is transferring
oysters from contaminated to sanitary waters for depuration and future
public harvesting. Private waterbottom leasing for oyster reefs is
currently underway.

1 -6

Other important affirmative efforts include creating artificial reefs
for improved recreational fishing, and an increased focus on the develop-
ment of mariculture. An ongoing research program supports all fisheries
management activities by providing a sound data base for making manage-
ment decisions.

SECTION 4: POLICY COORDINATION

Mississippi's authority to manage coastal wetlands and fisheries are
supplemented by the authorities of other state agencies; these agencies
are: the Bureau of Pollution Control, the Bureau of Land and Water Re-
sources, and the Department of Archives and History. Together with
BMR, these agencies, called the "coastal program agencies", are respon-
sible for managing coastal resources, for monitoring public decision-
making in the coastal area and for insuring that such decisions are made
in accordance with the program goals described in Section I of this
Chapter.

Section 57-15-6 of the Mississippi Code requires all state agencies to
carry out their responsibilities in the coastal area in compliance with
the program. To facilitate this, a review and policy coordination pro-
cedure governing state agencies has been developed, and is described in
Chapter V. When the program is approved under the Coastal Zone Management
Act, the procedure governing state agency actions will be binding on
federal actions as well.

Policy coordination will utilize the existing State A-95 clearinghouse
procedure. To accommodate the policy coordination requirements of the
coastal program, the A-95 system program coordination will be extended
to include state agency actions as well as those by federal agencies.
The policy coordination procedures are generally described in Chapter V
and are formalized in Chapter VIII.

Through policy coordination all state agencies will have the opportunity
to comment on public decisions affecting the coast. BMR will assemble
the comments of the coastal program agencies to develop a consolidated
coastal program consistency statement. If a coastal program agency makes
a regulatory objection to a proposed action,the policy coordination
procedures provide for a conflict resolution process. If this fails,
enforcement procedures are provided if an agency proceeds in a manner
contrary to the program.

It is the i~ntent of the coastal program policy coordination procedures
to promote thorough reviews of important actions in the coastal area
so that these reviews can fulfill review requirements of both state
and federal agencies. Once these review procedures are implemented,
BMR expects that new opportunities for federal/state and intrastate
coordination will arise. As these opportunities develop, BMR will

1-7

execute appropriate interagency agreements to strengthen and improve
policy coordination procdures, with the ultimate goal of establishing
a one-stop permitting system.

SECTION 5: SPECIAL MANAGEMENT AREAS

The public benefits of utilizing coastal resources must be balanced with
the public interest in their preservation. One means of achieving this
balance is by regulation to prevent development actions from adversely
affecting the public interest. But regulation is limited, and unless
accompanied by positive efforts to encourage sound development practices
in the coastal area, the balancing of public interests will not be
achieved.

To supplement regulation with affirmative management efforts, the program
designates "special management areas," and sets up a process for adopting
management plans for these areas. The designation of a special management
area does not (and by law cannot) impose regulations on an area over and
above what is authorized by existing statutes. The effect of a special
management area designation is quite the opposite. Area management plans
will apply the general regulatory provisions of the program to specific
sites.

Area management plans will improve the predictability of permit decisions
in designated areas, and will help resolve permit controversies in advance
of specific development proposals. When approved as part of this program,
special area management plans will serve as the basis for coastal wetlands
permit decisions, and will guide other public decisions as well. Specific
provisions of approved management plans will prevail over the general pro-
visions of the program. When approved by the federal government as part
of this program, area management plans will be recognized as official
state policy by federal agencies.

Three general categories of special management areas have been designated.
These are port and industrial areas, urban waterfronts and shorefront
access areas.

Specific industrial and port areas designated are: Port Bienville
Industrial Park, Pass Christian Industrial Park, Bayou Bernard Industrial
Park, Pascagoula River Industrial Area, Bayou Casotte Industrial Area,
and the proposed Moss Point Industrial Park.

Designated shorefront access areas are: the Harrison County beach, Bay
St. Louis-Waveland beach, Pascagoula beach, Deer Island; a group of
minor sites are designated as shorefront access areas we well.

Designated as urban waterfronts are: Downtown Waveland (at Coleman
Avenue); Bay St. Louis downtown commercial district; Pass Christian
harbor and scenic drive; Long Beach cormmercial area at Jeff Davis

1-8

Avenue, including the harbor and adjacent beachfront land; Gulfport
Harbor Square; Biloxi downtown redevelopment areas including cormmercial
40 ~~ and recreational small craft harbors; Pascagoula (along Front Street);
and Moss Point (along old Highway 63 from O'Leary Lake to the Moss
Point City limits).

Chapter VI and Chapter VIII describe special management areas and the
planning process in detail.

SECTION 6: AFFIRMATIVE MANAGEMENT ACTIVITIES

Along with the designation of special management areas, affirmative
management activities serve to complement the regulatory provisions of
the program. These activities are described briefly below; more detail
is provided in Chapter VII.

Energy facilities are likely developments in coastal regions because of
the availability of good water access to nearby outer continental shelf
development. They are economically attractive to any area, but energy
facilities can cause adverse environmental impacts such as water pollu-
tion, the loss of wetlands, and the degradation of natural scenic qualities.
Accordingly, it is important to plan for them. In addition to general
planning, the coastal program will provide assistance to local govern-
ments to plan and build facilities required as a result of energy
developments.

Shoreline erosion is a natural ongoing process caused by both wind and
water action. Erosion becomes a problem when man encroaches upon
these natural processes. The coastal program will address shoreline
problems throu~gh wetlands permitting, and will make unds available
through the~_r6gram-to -rest-ore-a-n-dpreserve beaches which have been
subjected to erosion forces. Because management information for
shoreline erosion is not complete, funding for erosion studies will be
considered under the program.

Marine fisheries research is addressed in the coastal program in three
ways. In-house scientific-technical support to provide assistance to
the operational divisions of the BMR is one of these. Extramural and
in-house research projects and the maintenance of a marine information
data base oriented toward management decisions are the other two ways
that marine fisheries research is addressed.

The coastal program includes a process for designating areas for pre-
servation or restoration. An area may be nominated by an agency,
organization or person. The coastal wetlands use plan provides for
perservation and restoration areas.

1-9

The development of one-stop ermitting to coordinate the processing
and issuing of permits anh- licenses in the coastal area is mandated
by Section 57-16-6 of the Mississippi Code. The policy coordination
procedures in the program, along with the use of joint applications
for wetlands permits provide a process for beginning one-stop per-
mitting. Future work during program implementation will involve
legal analyses, interagency agreements, and possibly new legisla-
tion.

The preservatin of natural scenic qualities on the coast is
encouraged through special area management plans, and through the
direct actions of state agencies. Chapter VIII, Section 6 provides
scenic guidelines for these activities. The guidelines are binding
on state agencies. Those individuals carrying out private develop-
ments are encouraged, but not required, to consider these guidelines.
In addition to developing these guidelines, BMR will render technical
assistance to public agencies to encourage the preservation of natural
scenic qualities.

Finally, public education efforts are described in Chapter VII. These
efforts will be geared generally toward providing the general public
with a better understanding of coastal resources, and specifically
toward target groups which require more technical information.

1-10

CHAPTER TWO
PROGRAM STRUCTURE AND SCOPE
Contents
Section 1: Administrative Structure
Section 2: Legal, Basis for the Program
Section 3: Jurisdiction of the Coastal Program
Section 4: Scope of the Program
Section 5: Uses and Activities Subject to Management

CHAPTER TWO: PROGRAM STRUCTURE AND SCOPE

SECTION 1: ADMINISTRATIVE STRUCTURE

The Mississippi Commission on Wildlife Conservation (MCWC) is responsible
under state law for implementing the Mississippi Coastal Program. MCWC
was created in 1978 by legislation which consolidated the functions of
16 state agencies into two new departments, the Department of Wildlife
Conservation (DWC) and the Department of Natural Resources (DNR). The
reorganization took effect July 1, 1979. Each of the two departments~
is governed by a statewide commission appointed to staggered terms by
the Governor. The Commission on Wildlife Conservation has five members,
while the Commission on Natural Resources has seven.

The legislation creating DWC did not establish new substantive authorities
for managing marine resources. However, it did provide a unified decision-
making structure to manage the marine resources of the state. When passed
in 1978, the reorganization legislation consolidated the Mississippi
Marine Resources Council and the Mississippi Marine Conservation Commission
into the Bureau of Marine Resources (BMR) and created a single administra-
tive entity responsible for the marine resources of the state. In carrying
out its responsibilities for implementing the Mississippi Coastal Program,
MCWC acts insofar as is practicable under the law through BMR which receives
and administers federal funding for the program.

To participate in the implementation of the coastal program, the Governor
of Mississippi has established the Coastal Program Advisory Committee.
This committee participates in permit reconsiderations (as described on
page VIII-15), and performs other advisory duties as the governor may
determine.

Figure Il-i illustrates this structure.

SECTION 2: LEGAL BASIS FOR THE PROGRAM

The authorities for implementing the Mississippi Coastal Program have
evolved over a period of years. This section provides an overview of
these authorities. More details and legal analyses are provided in
Chapters III, IV, and V. The Appendices include the text relevant to
statutes and Attorney General's opinions. Statutes cited refer to the
1972 Mississippi Codes and Supplements.

AUTHORITIES RELATED TO WETLANDS

Sections 49-27-1 through 49-27-67 of the Mississippi Code establish Missis-
sippi's public policy of wetlands protection, and provide for the regu-
lation of certain activities in state coastal wetlands. (See the Wetlands
Law, Appendix A.) This regulatory program is administered by BMR. The

11-2

Figure 11-1

DEPARTMEJNT OF WILDLIFE CONSERVATION

5 Member Coastal Program
Commnission on Advisory
Wildlife Conservation - -----Committee

Executive
Director

Administrative
* ~~~~~~~~~~~~~~~~~~~~~~~~~~Services

Bureau of Mlarine Bureau of Fisheries
Resources and Wildlife

Wetlands Management Freshwater Fisheries
Saltwater Fisheries Management
Management Game Management
Coastal Programs -Natural Heritage Program
Scientific-Statistical (Museum)
Section Boat and Water Safety
Marine Enforcement Patrol
Boat Registration

11-3

regulated activities include: (i) the dr_edging, excavatjipg or removing
of soil, mud, sand, gravel, flora, .faun~ or aggregate of any kind from'
any coastal wetland; (ii) the dumping, filling or depositin.g of any soil,
stones, sand, gravel, mud, aggregate of any kind or garbage, either
directly or indirectly, on or in any coastal wetlands; (iii) ki1lingopr
materially damainpg any flora or fauna on or in any coastal wetlands;
(iv) the erection on coa.t~al-wet]andas of structuerps which materially affect
the ebb Enid-_flow of the tide; and (v) the erection of any structure or
structures on suitable sites for water dependent industry.

The Wetlands Law prohibits the conduct of any regulated activity without
a permit. Certain activities, areas, and entities are not required to
secure permits for regulated activities; however, all parties or agencies
so excluded are still required to comply with the publicpolicy of pro-
tecting the wetlands.

AUTHORITIES RELATED TO FISHERIES

Sections 49-15-1 through 49-15-69 serves as the basis for fisheries
management. (See Appendix C). These statutes establish broad authority
for regulating the state's fisheries, the expressed intent of the
legislature being to grant "full and ample authority to take such action
as may be necessary in order to help protect, conserve, and revitalize
seafood life in the State of Mississippi." BMR has administrative
responsibility for marine fisheries management.

In addition to regulating the fishing industry, BMR has the authority to I
enhance the productivity of the state's fisheries by affirmative efforts
such as creating new reefs, upgrading existing reefs, and transplanting
oysters. Since 1977, when the agency was called the Marine Conservation
Commission, BMR has leased waterbottoms for oyster cultivation. In
addition to these developmental efforts, BMR maintains an active research
program in marine affairs.

NETWORKED AUTHORITIES

The wetlands and fisheries authorities are administered directly by BMR.
However, other agencies exercise authorities to implement the coastal
program, and these other authorities are made part of the coastal
program by virtue of Section 57-15-6. (See Appendix B). This section
states that the coastal program should be a statement of consolidated
state policy, "incorporating all applicable constitutional provisions,
laws, and regulations of the State of Mississippi." This section further
requires that all state agencies carry out their responsibilities in
compliance with the program. This concept, often called networking,
relies on authorities administered through several other agencies: the
Bureau of Pollution Control (in DNR), the Bureau of Land and Water
Resources (in DNR), and the Department of Archives and History. To-
gether with BMR, these agencies are collectively referred to as the
"coastal program agencies." i

11-4

The effect of Section 57-15-6 is to require all state agencies to consider
in their decision making, the breadth of concerns spelled out in the
statutory goals of the coastal program. This is in contrast to the situation
prior to the enactment of this section when each agency carried out its
own narrowly focused policies without the need to comply to broader state
concerns.

Described below are the authorities which supplement the authorities exercised
directly by BMR in implementing the program.

Pollution Control

Sections 49-17-1 through 49-17-43 of the Mississippi Code constitute the
Mississippi Air and Water Pollution Control Law (see Appendix D). The
authorities under these statutes, previously exercised by the Air and Water
Pollution Control Commission, are now exercised through the Bureau of
Pollution Control (BPC).

BPC develops and administers air and water quality standards, and
administers a permit system for air and wr 6Tuo--T-.he requirements
of the Clean Wa-te-r---AE-and the Clean Air Act are enforced by BPC under
the authorities of the Mississippi Air and Water Pollution Control Law,
and are incorporated into the coastal program. In addition to its other
functions under state law, BPC administers the National Pollution Discharge
Elimination System in Mississippi.

Surface and Groundwaters Authorities

Chapters three and four of Title 51 of the Mississippi Code grant two
major authorities implemented by the Bureau of Land and Water Resources:
to allocate the surface water which can be withdrawn from Mississippi's
streams, riversnd -coast-Ywaters, and to control the use of groundwaters.
The statute establishing these authorities are found in Appendix E.

Cultural Resources Authorities

One of the goals of the Mississippi Coastal Program is to preserve the
cultural resources of the state in accordance with the public policy expressed
in Mississippi Code Section 39-7-3. This goal will be carried out by the
Department of Archives and History under the authority of the Antiquities
Law of Mississippi (Appendix F). Under this law, designated state
arc-olh6giaT-landmarks "may not be taken, altered, damaged, destroyed,
salvaged or excavated without a contract or permit" from the Board of
Archives and History (Section 39-7-11). The law applies to landmarks
belonging to the state, or to any county, city, or political subdivision;
it also provides that important sites situated on private lands may be
designated as state archeological landmarks with the written consent of
the private landowner.

Other Authorities

Several other authorities in addition to those described above are useful
for program implementation. Section 57-15-5 provides for binding inter-
agency agreements to cary out public policy. Section 57-T--6 provides
the authority to purchase rea and peirsonal property, where necessary
to iFlplement the coastal program, as authorized-from time to time by the
legislature. The development of one-stop permitting is mandated to
coordinate the issuance of permits and licenses. Finally, BMR is di-
rected to develop long-term plans for waterfront industrial sitesand
spoil disposal. This mandate is carried out through special management
area planning.

SECTION 3: JURISDICTION OF THE COASTAL PROGRAM

OVERALL JURISDICTION

Section 57-15-6 of the Mississippi Code established Hancock, Harrison,
and Jackson Counties as the coastal area in which the Mississippi Coastal
Program is binding. The coastal area includes these counties, as well
as all adjacent coastal waters. Included in this definition are the
barrier islands of the coast, and all waters to the extent of the three
mile limit (see Figure 11-2). The provisions of the program apply to
all state agency actions in the coastal area.

Excluded from the coastal area are lands owned, leased, held in trust,
or whose use is otherwise by law subject solely to the discretion of the
Federal Government, its officers, or agents. However, with the approval
of this program under the Coastal Zone Management Act, federal activities
affecting the coastal area must be conducted or supported in a manner which
is consistent with the program to the maximum extent practicable.

BOUNDARIES OF ADJACENT STATES

The Alabama coastal zone boundary is established along the 10 foot (MSL)
.Zntour in Mobile and Baldwin Counties ana exTlpn ' t- +he nnrthern "'rjt
of these counties on each sitP of the mobile River svstem. This boundary
was established by Alabama legislative action in 1976 prior to the de-
lineation of Mississippi's proposed boundary. Established by legislation
in 1978, Louisiana's northernmost coastal zone boundary extends to Inter-
state Highway 10 along the western boundary of Mississippi.

LANDWARD EXTENT OF THE COASTAL AREA

To enforce the permitting procedures established in the program in an
effective way, and to insure that all activities having direct and signi-
ficant impacts on coastal waters are included, the coastal area can be

II-6

~~~~~~~~~~~~~~~IV

v~~~~~~~~~~~~~~~~~~~~~~~~~~ +

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~IfI
4~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-

7a,

-~~~~~~~~~~~~~~~~~~~Fgr 11-- 2 I
MISSISI PP C OSA ARE

I~~~~~~~~~~~~~~~~~~~~Bra of M ain ResPourcs

I - ~~~~~~~~~~~~~~~~~~~~~~~~ .,~~~~~~~~~~~cl
f~~~~~~~~~~~p~~~~~~~~~~~t -- N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 000

limited to three coast counties. No known tidal influence extends beyond
the three coast counties; therefore, this is a sufficiently extensive
designation of a coastal area. Also, this designation has the administra-
tive advantage of being coterruinous with political boundaries.

While the Mississippi Coastal Program is binding on all state agency
actions in the coastal area, some of the regulatory provisions of the
program have more specifically defined landward jurisdictions. (See
Figure I-i.) These are summarized below:

1. Wetlands Regulation - This regulatory iurisdiction iq limited
'to areas below the watermark of ordinary hiah tide, except in
two situations: where upland activities are filling into
coastal wetlands, and where structures are being erected on
suitable sites for water dependent industry. Chapter III
and Appendixes A and H provide additional information.

2. Groundwater Reciulation - Jurisdiction in this case is limited
to desiqnated capacity use areas; however, capacity use areas
can be designated anywhere in the coastal area. No such areas
are currently designated (see Chapter V and Appendix E).

3. Regulation of Cultural Resources - This authority is applicable
only to designated state archeological landmarks, described
in Chapter V. Appendix F provides statutory information.

4. Water Oiialitv Cprtification in Wetlands - The Bureau of Pollution
Control certifies water quality for U. S. Army Corps of Engineers'
404 permits. This authority is limited to the _waters of the
United States. This is described more fully in Corps of Engineers'
regulations.

SECTION 4: SCOPE OF THE PROGRAM

During the development of the Mississippi Coastal Program, a number of
studies and surveys were completed to determine the important issues
requiring management attention in the coastal area. These studies and
surveys, itemized in Appendix ~J, served as the basis for determining
the goals of the coastal program, and were legislated in Section 57-15-6.
This section of the program describes these goals, and provides an over-
view of the Mississippi Coastal Program's management efforts aimed at
achieving each goal.

GOAL #1: To provide for reasonable industrial-expansion in the coastal
area and to insure the efficient utilization of waterfront
industrial sites so that suitable sites are conserved for
water dependent industry.

The coastal area contributes 12.7 percent of Mississippi's manufacturing
output. The most intense industrial center on the coast is the Pascagoula-
Moss Point area. Many other industrial areas in Harrison and Hancock

11-8

Counties provide jobs for coast residents. All three counties work
actively to increase industrial development, either through the expan-0
sion of existing industries or the location of new facilities.

While it is eagerly sought, industrial development creates conflicts -
conflicts between preservation and development as well as conflicts be-
tween the various components of economic development. Development
necessarily uses, displaces, or replaces natural resources, and there-
fore conflicts with resource preservation goals. Another source of
development conflict is between the various types of development, such
as tourism and industrial development. A basic source of these conflicts
is the competing demand for coast resources. Both tourism and the
fishing industry are dependent on water quality and productivity; but
industrial development is often dependent on the privilege of reducing
that quality and productivity.

As a matter of state policy, industrial development must play a major
role in the management of coastal resources. Accordingly, the thrust
of the coastal program is to plan for industrial development activities
in areas designated for such use, and to regulate the effects of such
development to insure that the impacts on marine resources are minimized.
The state's coastal program efforts include long term planning for water-
front industrial development and for spoil disposal. This planning is
mandated by Section 57-15-6 of the Mississippi Code.

To carry out this planning, industrial and port areas are designated
as special management areas in Chapter VI. The program provides for
assistance to local governments to plan for and develop these areas in0
a manner compatible with the coastal program. Once developed and for-
mally adopted, these area management plans will serve as the basis for
permit decisions.

Wetlands management efforts will help conserve the waterfront industrial
development potential of the coast by reserving suitable sites for water
dependent industry. A permitting procedure for development on these
sites (see Chapter VIII) will deter non-water dependent industries
from locating on waterfront sites, and will deter water dependent uses
from occupying more water frontage than necessary. By reserving suitable
sites for water dependent industry, and limiting their development to
activities genuinely requiring water access, the coast can get the maxi-
mum use out of existing waterfront sites, and can reduce the long-term
demand for new sites which would be created at the expense of coastal
resources.

The goal of conserving waterfront industrial sites will be furthered by
the requirement that all state permitting actions comply with the coastal
program. This will bolster wetlands permitting as a tool to manage the
use of waterfront sites and access to water by establishing waterfront
dependency criteria as a standard for other permits such as effluent
discharges and water diversions when they involve development on de-
signated waterfront sites.

11-9

GOAL #2: To favor the preservation of the coastal wetlands and eco-
systems, except where a specific alteration of a specific
coastal wetlands would serve a higher public interest in
compliance with the public purposes of the public trust
in which the coastal wetlands are held.

Mississippi's coastal wetlands, by law, include tidal marshes and water-
bottoms. Because of their value and productivity, these resources have
a high priority in the coastal program. Situated in Mississippi are
some 436,000 acres of coastal wetlands, of which 65,453 acres are tidal
marsh seaward of ordinary high tide. The life cycles of a number of the
state's commercially and recreationally valuable seafood are tied to
coastal wetlands, and particularly to the tidal marshes. Tidal marshes
provide a filtering effect on pollutants. Another important aspect of
tidal marshes is the buffer they provide against storm waves before they
reach upland areas.

Unfortunately, these areas are just as fragile and susceptible to destruc-
tion and damage as they are important to the coastal ecosystem. Most of
the destruction and loss has resulted because of man's actions. Many
areas of coastal wetlands have been lost through dredqingqfbr:channe ls,
marinas a ndS, or have been filled for new land development. The
Disposal of dredge materi.Al has resulted in a loss of considerable
aquatic habitat.

The primary reason for damage to coastal wetlands is that the multiple
uses of the wetlands are in competition. Preservation and development
conflict simultaneously and the competition between the two is readily
apparent in the short term. The long-term competition among uses for the
wetlands is not so readily apparent; one use of the wetlands in the
present often precludes future uses. For example, the industrial develop-
ment of coastal wetlands, along with the creation of channels and docks,
will prevent the use of that area for other purposes and will render
adjacent areas undesirable for all but industrial uses.

The declared public policy of the state is to preserve coastal wetlands,
and to allow their alteration only where the higher public interest can
be demonstrated. Many uses can lay some claim to serving the public
interest. Decisions as to the validity of these claims are made through
the management efforts described in Chapter III, Wetlands Manngomrnat, and
formally structured in hapter VIII.

Chapter VIII includes a coastal wetlands use plan and guidelines for
specific activities affecting coastal wetlands.

The wetlands use plan and guidelines serve as the basis for permit
decisions, and they are designed to be the application of public policy
in coastal wetlands. Clearly, preservation for biological productivity
is the dominant public interest in the wetlands. However, wetlands
permitting decisions recognize other aspects of the public interest
such as navi n, recreation, protaf-tinn frnm -_nsion and other hazards,
and the preservation o scenic aualities, many of which themselves
directly relate to healthy, productive wetlands ecosystems.

11-10

GOAL #3: To protect, propagate, and conserve the state's seafood and
aquatic life in connection with the revitalization of the
seafood industry of the State of Mississippi.

Protection of the state's seafood is vital to the Mississippi Coast.
Commnercial fisheries brought approximately $33 million dockside value
income to the Coast in 1979. Pascagoula, Biloxi and Gulfport are the
leading fisheries processing centers employing many local residents.
Employment figures tell only part of the story. Fishing is an important
magnet for the local tourism industry, and sportsfishing is enjoyed by
thousands of coastal residents.

Marine fisheries in Mississippi have experienced fluctuations in yield.
While the optimum sustainable yield has nearly been reached for some
harvestable species, the yield of others has been unstable. Additional
impediment to fisheries utilization are inadequacy of shore facilities
for both commnercial and sportsfishing activities, and conflicts between
commnercial and sport interests.

In addition to its internal conflicts, the seafood industry faces
threats from outside of the industry. A major threat to the seafood
industry is the detuto-~ eorebs on which the fisheries
depend - the wetlands. While some development of the wetlands carries
with it public benefits, destruction of the wetlands is contrary to the
best interest of the seafood industry. In this case, the seafood industry
is but one party with a claim to the wetlands, but the economic voice
of the seafood industry is neither as strong nor as organized as many
competing uses.

In response to these issues, the coastal program includes the goal of
protecting, propagating, and conserving the state's fisheries resources.
The program will carry out this goal in several ways. First, the state's
fisheries will be managed by BMR as described in Chapter IV. Second,
the resource base of the state's fisheries - the wetlands - will be pro-
tected through wetlands management efforts.

BMR is primarily responsible for fisheries management. But in addition
to BMR's efforts, the Bureau of Pollution Control will assist in the
protection and propagation of the fisheries through its pollution control
authority, as described in Chapter V: Policy Coordination. The authority
to control water pollution is particularly important to fisheries
interests because of the devastating effect water pollution has had on
the oyster industry through the closing of major oyster reefs.

GOAL #4: To conserve the air and waters of the state, and to protect,
maintain, and improve the quality thereof for public use, for
the propogation of wildlife, fish and aquatic life, and for
domestic, agricultural, industrial, recreational, and other
legitimate beneficial uses.

The air and waters of the coast have been the object of increasing levels
of pollution over the years. ~Pollution has resulted in threats to human
health, and has adversely impacted the coastal ernnomy through its effects
on the tourism and the seafood industries. Domestic sewage discharges and
industrial waste have been finding their way directly or indirectly into
coastal waters, in some cases with inadequate or no treatment. The dis-
charge of a large volume of treated wastewater from proposed regional
treatment acilities will significantly contribute to changesfin water
composition in certain near-shore ecosystems. Other pollution problems
include thermal dischares and the disposal of dredge spoil.

While not considered as serious a problem as water quality, the air quality
of the coastal area has decreased as the coast has developed.

The management program responds to this goal by incorporating the air and
water quality criteria and permitting systems of the Bureau of Pollution
Control. The management of air and water quality is described in Chapter V:
Policy Coordination.

GOAL #5: To put to beneficial use,to the fullest extent of which they
are capable,the water resources of the state, and to prevent
the waste, unreasonable use, or unreasonable method of use of
water.

The Mississippi Coast has been blessed with an abundant supply of both
groundwater and surface waters. But over the years, heavy demands have
depleted some groundwaters to the point where surface waters are being
La.-pp-ed. J-ackso County is nearing a critical point with its water supply
because ofinteinse industrial and municipal drawdowns on groundwater. This
is not as serious a problem in Hancock and Harrison Counties.

The immediate solution to groundwater supply problems is the utilization
of surface water, but this has its disadvantages. Directing surface
water supplies to industrial and municipal use can deprive estuaries of
freshwater, thereby altering hydrological and salinity conditions.

The Bureau of Land and Water Resources administers a regulatory system
for surface and groundwater utilization. This is described fully in Chapter
V: Policy Coordination.

The regulation of surface and groundwater utilization will help prevent the
waste of water resources. However, by its prohibitive approach, regulation
does not provide affirmative guidance to encourage the beneficial use of
water resources. In the coastal program, this affirmative approach is
provided in part by the designation of industrial and port areas as special
management areas, and in part through assistance programs to local govern-
ments.

The solution to water supply problems has traditionally been a concern of
local governments, and much time and money has been spent at the local
level to develop water supplies. The coastal program will assist local
governments in addressing water supply problems in an environmentally sound

11-12

way by providing financial assistance for planning and design work. As
water demands continue to grow, the program will assist in meeting these
demands with particular emphasis being placed on water reuse alternatives.

Under the auspices of the coastal program, Coastal Energy Impact Program
Funds (CEIP) can be used to provide funds for eligible water supply projects.

GOAL #6: To preserve the state's historical and archeological resources,
to prevent their destruction, and to enhance these resources
wherever possible.

Historical and archeological resources are valuable to the coast, in part
because of their economic importance for tourism, but more because of the
contribution they make to the quality of life in the area. In some cases,
these sites are our only links to past civilizations and historic events.

Fortunately, the area's major historic sites are preserved in perpetuity
because of their public ownership. A number of archeological sites are
also publically owned, and are therefore protected by the Mississippi
Antiquities Law (see Appendix F).

Designated state archeological sites (including historical sites) are sub-
ject to the control of the Department of Archives and History, whose
authority has been incorporated into the program as described in Chapter
V. Improved protection of these sites will be achieved through the policy
coordination procedure which requires agencies operating in the coastal
area to comply with the coastal program goal of historical and archeological
preservation.

GOAL #7: To encourage the preservation of natural scenic qualities in the
coastal area.

The greatest scenic rosource of the Gulf Coast is the land/water interface
with its wide expanses of tidal marsh and its thickly wooded lands proceeding
to the water's edge. Modifications to the shoreline's adjacent lands, par-
ticularly major developments and facilities, can destroy this scenic beauty.

Other natural scenic resources of the coast include its wnndpd natura-1
areas and its numerous large (and sometime historic) oak trees. Scenic
preservation guidelines have been developed and are prFovided-in Chapter
VIII. These guidelines will be enforced through the policy coordination
procedure described in Chapter V.

The guidelines will help preserve the r~Mgi~,ning sc.-enic v~istas of the coast;
but much has already been destroyed and would be irretrievable without
affirmative efforts to enhance the visual quality of the coastal area.
Accordingly, the designation of special management areas will assist local
governments and state agencies in developing and implementing projects
for scenic improvements as part of the overall development of special
management areas. In addition, BMR will provide general technical
assistance to public agencies for the preservation of natural scenic
qualities.

11-13

GOAL #8: To consider the national-interest involved in planning for and
* ~~~~~in the siting of facilities in the coastal area.

During the development-,of Mississippi's Coastal Program, efforts were
made to identify uses and national resources for which there is a pre-
valent national interest. These were: (i) national defense and aerospace;
(ii) energy production and transmission; (iii) recreation; (iv) transporta-
tion, ports and navigation; (v) air and water quality; (vi) endangered
flora and fauna; (vii) living marine resources; (viii) land resources and
conservation; (ix) wetlands; (x) floodplains, erosion hazard areas, barrier
islands; (xi) historic and cultural resources; and (xii) wild and scenic river

Resource management policies incorporated into the program parallel
national interest considerations (i.e., air and water quality, living marine
resources, wetlands, and historic and cultural resources). Other national
interest considerations enter the coastal program decision-making process
through the policy coordination procedures described in Chapter V and
formalized in Chapter VIII. Through these procedures, BMR will review
the actions of state agencies in the coastal area for the consideration
of the national interest.

GOAL #9: To assist local governments in the provision of public facili-
ties and services in a manner consistent with the coastal pro-
gram.

Major public works projects are necessary for the development of the
coast, but the construction of these facilities can be harmful to the
0 ~ ~environment because of construction impacts, physical disturbances in
sensitive areas, and effluent discharges.

Major public facilities and services of concern to the program include
streets, roads, bridges, sewage systems, drainage systems, and water
supply systems. While these facilities are the ones of prime importance
to the management program, other facilities will be considered as well,
but only to the extent that they can demonstrate a clear link to the
goals of the coastal program. These include: public buildings, recreation
facilities, parking facilities, airports, rail lines, and solid waste
disposal facilities.

The coastal program will provide technical and financial assistance to
local governments to supplement their traditional role in providing
facilities and services. CEIP funds are available under the auspices
of the coastal program to construct eligible public facilities. This
assistance will be administered as described in Chapter VII: Affirmative
Management Activities. In assisting local governments, special manage-
ment areas will be emphasized. The participation of the program in these
areas will help direct major developments toward the overall goals of
the coastal program.

GOAL #10: To insure the effective, coordinated implementation of public
policy in the coastal area of Mississippi comprised of Han-
le ~~~~cock, Harrison and Jackson Counties.

11-14

Mississippi Code Section 57-15-6 establishing this goal requires all
state agencies to conduct their activities in the coastal area in com-
pliance with this coastal program. This mandate for coordinated public i
policy will be implemented through the policy coordination procedures
in Chapter V. In effect, all state agencies with regulatory and other
authorities in the coastal area will be operating under the same set of
policies expressed in this program.

With approval of the program under Section 306 of the Coastal Zone Manage-
ment Act, this coordination of public policy will extend to federal activi-
ties in the coastal area as well.

SECTION 5: USES AND ACTIVITIES SUBJECT TO MANAGEMENT

Uses and activities were determined to be subject to management under the
coastal program based on their effect on water quality, water quantity,
bottom disturbances, water pollution, sedimentation (runoff), shoreline
erosion, marine aquatic life, and historical and archeological sites.
Uses and activities subject to the coastal program are listed below
under the appropriate chapter headings.

WETLANDS MANAGEMENT (CHAPTER III)

The following are subject to the coastal program if they occur in coastal
wetlands, or if they cause the displacement of coastal waters, artificially
alter water-levels or currents, or kill or materially damage the flora and
fauna of coastal wetlands.
Docks and piers
Boat ramps
Marinas and small craft harbors
Erosion control structures
Cables, pipelines and transmission lines
Roadways
Railroads
Airports
Channels and access canals
Marsh impoundments
Watershed impoundments
Drainage canals and ditches
Oil and gas exploration and production
Mineral extraction
Facilities requiring water for heating or cooling
Construction on suitable sites for water dependent industry
Ports
Sand, gravel, and shell mining
Power plants
Sanitary landfills
Effluent discharges

Dredging, and dredged material disposal
Filling
Is_~ ~ Site clearing
Pile driving

FISHERIES MANAGEMENT (CHAPTER IV)

Finfishing
Shrimping
Mariculture
Shellfishing
Leasing of waterbottoms for oyster farms
Live bait dealerships

POLICY COORDINATION (CHAPTER V)

When conducted or supported by state or federal agencies in the coastal
area, the following are subject to the program.

Construction of sewer systems
Establishments whfose operation would increase waste discharges
into the state's waters
Construction or use of any new outlet for discharging wastes
Emission of any waste, product, or substance likely to cause
air pollution
Construction of any equipment which will cause the issuance of
air contaminants
Surface water ap roaons
Groundwater -wells in excess of 50,000 GPD
Watershed impoundments
Oil, gas, said,-gravel, and shell leasing on state lands and
in coastal waters
Alterations to historical and archeological sites
Lease or sale of coastal wetlands
'Highway construction
The issuance or renewal of permits, licenses, leases, or similar
instruments
Promulgation of rules and regulations
Granting of financial assistance
Planning programs
Research programs
Property acquisition or clearing
Construction projects

.O~~~~~~~~~~11-16
II-16

* ~CHAPTER THREE
WETLANDS MANAGEMENT
Contents
Section 1: Wetlands Legislative History
Section 2: Management Framework

CHAPTER THREE: WETLANDS MANAGEMENT i

SECTION 1: WETLANDS LEGISLATIVE HISTORY

ENABLING LEGISLATION

In 1970, the Mississippi Legislature created the Mississippi Marine
Resources Council with the broad purpose of exploring, developing,
conserving, and marketing the underwater natural resources of the
state, particularly those lying offshore in the state's coastal
waters. This enabling legislation set the stage for managing marine
resources in a comprehensive fashion. Subsequent legislation created
the legal tools to carry out this broad mandate.

WETLANDS LAW
In 1973, the legislature passed the Coastal WetlandsPoeto a
(also called the Wetlands Law) and de'signated what was- then the-Mis-
sissippi Marine Resources Council as the agency vested with permitting
authority regarding activities affecting the state's coastal waters and
wetlands (Appendix A). This law gave the Mississippi Marine Resources
Council the ability to protect coastal wetlands through enforceable
permitting proceduresregulating activities defined in the Wetlands
Law. The law also included a list of agencies, activities, and areas
bound by the wetlands protection policy but exempt from permits.

In 1974, an amendment to the Coastal Wetlands Law significantly stream-
lined the permitting procedures by allowing permit waivers for minor
projects. Projects coming under a certificate of waiver are exempt
from the need to secure a permit under the Wetlands Law.

FURTHER DEVELOPMENT OF WETLANDS AUTHORITIES

Senate Bill 2498 passed in 1978 strengthened wetlands management by
amending Mississippi Code Section 57-15-5 to state that "the Council
shall have responsibility for the general management of the state's
wetlands." An Attorney General's opinion of May 31, 1978 (Appendix H)
describes the implications of this authority.

During the 1978 session, the legislature also passed Senate Bill 2306.
This Bill consolidated a number of existing state agencies into two
new departments: the Department of Natural Resources (DNR) and the
Department of Wildlife Conservation (DWC). The Marine Conservation
Commission, the Game and Fish Commission, the Boat and Water Safety
Commission, and the Marine Resources Council were consolidated to
form DWC. Under the terms of this reorganization, all authority former-
ly vested in MMRC was transferred to the Mississippi Commission on
Wildlife Conservation acting through the Bureau of Marine Resources.

111-2

The reorganization di'd not alter basic authorities, rather, it
provided for the authorities of the consolidated agencies to be
assumed by the new Commission on Wildlife Conservation. Together,
these authorities help form a comprehensive set of tools for coastal
resource management. In this respect, the reorganization has strength-
ened management authorities by establishing a single decision-making
structure for activities affecting the coastal wetlands.

1979 LEGISLATION

While the statutes enacted prior to 1979 provide most of the necessary
authorities for coastal wetlands management, House Bill 974, passed in 1979,
strengthened and expanded the authorities available for effective
management. House Bill 974 amended Sections 49-27-5(c) of the Mississippi
Code by ext n,,ding the definition of a regulated activity to include the erecti
of structure5,,on sites suitable for water dependent industry. By controlling
such uses, the) rogram will be able to manage an important coastal resource -
waterfront industrial sites - in conformance with the coastal program goal of
conserving suitable sites for water dependent industry. If such sites are
reserved for industries requiring waete access for their operation, the un-
necessary utilization of these sites canT be avoided and the long term demand
for creating new waterfront sites can be minimized.

House Bill 974 created Mississippi Code Section 57-15-6 to provide for
a~comprehensive coastal program, one element of which is wetlands manage-
ment. This legislation requires all state agencies to comply with the
~coastal program as they carry out their responsibilities in the coastal
-area. It clearly makes coastal wetlands protection a factor in decision-
making and requires state agencies to comply with the public policy of
coastal wetlands protection. At the same time the permitting functions of
BMR must consider the broad range of policies expressed in the legislation.
In effect, House Bill 974 created a comprehensive program by giving all state
agencies the responsibility for coastal wetlands protection, even though
BMR will exercise the primary administrative responsibility.

Appendixes A and B provide the text of Mississippi Code Titles 49 and 57,
updated to include the provisions of House Bill 974 in 1979. Appendix A
is also updated to reflect House Bill 94, passed in 1980. This Bill
amended 49-27-9 to clarify the permit requirement for waterfront industrial
si tes.

SECTION 2: WETLANDS MANAGEMENT FRAMEWORK

ACTIVITIES SUBJECT TO MANAGEMENT

Three types of activities are subject to management under the Wetlands
Law. The first type is regulated activities physically located in

111-3

coastal wetlands; the second type is indirect regulated.'activities -
those activities affecting coastal wetlands by indirect dumping,
filling or depositing materials in coastal wetlands; the third type
is the erection of structures on sites suitable for water dependent
-industry.

Reculated Activities in Coastal Wetlands

The following activities conducted in coastal wetlands are subject
to the management program: (i) the dredging, excavating or removing
of soil, mud, sand, gravel, flora, fauna or aggregate of any kind
from any coastal wetland; (ii) the dumping, filling or depositing of
any soil, stones, sand, gravel, mud aggregate of any kind or garbage,
either directly or indirectly, on or in any coastal wetlands; (iii)
killing or materially damaging any flora or fauna on or in any coastal
wetland; (iv) the erection on coastal wetlands of structures which
materially affect the ebb and flow of the tide; and (v) the erection
of any structure or structures on suitable sites for water dependent
industry. (Mississippi Code Section 49-27-5)

Indirect Regulated Activities

The Wetlands Law recognizes that-indirect dumping; filling, or deposit-
ing of materials on or in coastal wetlands is a regulated activity.
(Section 49-27-5(c)(ii)). For simplicity, these activities will be
referred to as "indirect filling" in the discussion which follows.

A December 14, 1976 Attorney General's opinion helps to clarify that
the use of the term "indirectly" extends the authority of the Wetlands
Law beyond the coastal wetlands when indirect filling is taking place
(see Appendix H). In that opinion, the Attorney General considered
the question of whether the Marine Resources Council (now BMR) had
jurisdiction over the act of filling in an upland area for a sub-
division where the fill material was eroding into and filling adjacent
coastal wetlands.

The Attorney General's opinion concluded that the Wetlands Ilw annpiis
to the filling or depositing of any soil, sand, gravel, etc. indirect.-
ly on or in the coastal wetlands.

"This contemplates affirmative action by the owner of
property adjacent to coastal wetlands to cause an
artificial erosion into the coastal wetlands, which
would bring such an activity within the jurisdiction
of the Mississippi Marine Resources Council."

Further, the opinion states that whether the erosion is natural or
artificial is a factual determination to be made by the Mississippi
Marine Resources Council (now Mississippi Commission on Wildlife
Conservation).

III-4

Applying similar reasoning to the alteration of drainage patterns /
affecting the coastal wetlands, such alteration would comprise a
regulated activity by virtue of Section 49-27-5(e) which includes
in the definition of "filling" the displacement of waters and
artificial alterations to water levels or currents. The language
of 49-27-5(c) would include the displacement of waters as regulated
activity comprising "...filling..., either directly or indirectly,
on or in any coastal wetlands;..."

House Bill 974, passed in 1979, reinforces the Attorney General's
opinion of December 14, 1976 by changing the language of the statute
to show clearly that the Wptlands Law is not limited only to activities
in the coastal wetlands. but that it encompasses activities affecting
coastal wetlands throuah indirect fillinc. House Bill 974 changed
Mississippi Code Section 49-27-9 by deleting the qualifier "upon any
coastal wetland" as it applied to permit requirements for regulated
activities.

Indirect filling within the meaning of the Wetlands Law can be the
result of activities such asfilling for construction of roads,
bridges, parking lots, subdivisions, and individual buildings; clear-
ing land in a way that exposes unvegetated soil subject to erosion
into-coastal wetlandsi and constructing or modifying drainage systems
in a way that alters the flow of water to coastal wetlands. While
these, and similar, activities are not automatically regulated,
parties engaged in these activities should be aware of the possibility
of indirect filling and its ensuing permit requirements.

Chapter VIII, Section 2, Part III.N. provides additional detail on
indirect regulated activities. The Mississippi Bureau of Pollution
Control plays a role in regulating indirect activities. BPC issues
the state's water quality certification to the U. S. Army Corps of
Engineers for Section 404 permits. This certification (usually
called "401") provides for the effective management of activities
located in non-tidal wetlands but which have an impact on coastal
waters. BPC will participate in wetlands permitting decisions
through policy coordination procedures in Chapter I, Section 4.

Construction of Suitable Sites for

Section 49-27-5(c)(v) of the Mississippi Code defines as a regulated
activity the erection of any structure or structures on suitable sites
for water dependent industry. The law limits suitable sites for water
dependent industry to waterfront sites owned by county port authorities,
development commissions and port and harbor commissions and to areas
that are now or are later made to be within one thousand (1,000) feet
of the centerline of any natural or maintained channel having a depth
of seven (7) feet or greater at mean low water. Additional sites may
be included as suitable sites for water dependent industry with the
concurrence of the board of supervisors in the county affected.

In designating suitable sites for water dependent industry, BMR
actively consulted local development officials, zoning ordinances,
and development plans. In addition, BMR examined the locations
of existing navigable channels, the extent of available land, the
characteristics of this land, and its access to other means of
transportation. This resulted in the identification of candidate
sites to be designated as suitable for water dependent industry.

In identifying these sites, BMR weighed most heavily the sites' prox-
imity to waters-~of navigable depth, the intention being to avoid the
designation of new-sites which would require new major dredging pro-
jects-. In addition, sites were considered only if the use of such
sites would not conflict with local zoning ordinances.

The final designated site selection followed additional discussions
with local development authorities to determine which areas were already
developed or were in the process of being developed. In Hancock and
Harrison Counties, the final designation of sites (and the designation
of additional sites in the future) is covered by interagency agreement.
The designations in Jackson County are listed in the program without
an intervening agreement.

In requiring permits for regulated activities, Section 49-27-9 excludes
certain industrial activities from the need to acquire a permit for
<~building on designated waterfront industrial sites if they meet the
requirements for water dependent industry. In doing so, the law
encourages water dependent industry to locate on suitable sites by
avoiding new regulatory requirements for such industry. Conversely,
the law requires regulatory scrutiny of non-water dependent industry
seeking to locate on waterfront sites designated as suitable for water
dependent industry as a means of conserving these sites.

PERMIT PROCEDURES

The Wetlands Law prohibits the conduct of a regulated activity
unless a permit has been issued or the activity is conducted under
a valid exclusion. The permitting procedures administered through
BMR are described below, and are illustrated in Figure IV-1.

Upon receipt of a joint application for a permit*, the BMR staff
reviews the application to determine if all information necessary for
an evaluation is included. The application is then checked to deter-
mine if a waiver or exclusion is in order. If a permit for the project
is required, the processing procedure begins. The law allows 90 days
from this determination to act on the permit request.

*A joint application form is used by the Corps of Engineers, the Bureau
of Marine Resources, and the Bureau of Pollution Control.

I11-6

FIGURE 111-1
WETLANDS PERMITTING PROCEDURE

APPLICATION RECEIVED

BMR ISSUES WAIVER A
OR LEXCLUSION
EXCLUSION FINDING E AT

PERMIT
REQUIRED

PUBLIC NOTICE

SUBMIT FOR REVIEW TO
LOCAL OFFICIALS &
TO POLICY COORDINATION
(A-g5)

NOTICE OF PUBLIC HEARING HEARING RECEIVE
TO PUBLIC AND APPLICANT RE OJECTIONS

HEARING NOT
4,; +~~~~~~ REQUIRED
PUBLIC HEARING I STAFF FINDINGS
AND RECOMMENDATIONS
i~~~~~~~
J,
DECISION BY
COMMISSION ON
WILDLIFE CONSERVATION

,
PERMIT ISSUED,
ISSUED CONDITIONALLY,
OR DENIED

I
APPEAL TO CHANCERY COURT

III-7

Within 60 days of receipt of a completed application, BMR issues a
Itublic notice describing the project and stating that written ojbect-
ions to the permit will be considered. Interested parties have seven
days from the date of the last publication of the notice to file
written objections. In addition to the public notice, copies of the
application are sent to a number of state, county, and municipal
organizations and individuals, as required by Section 49-27-31 of
the Wetlands Law. The application is also circulated for review
by other state agencies in accordance with the policy coordination
procedures described in Chapter V.

If a written objection is filed, or if the applicant requests a hear-
ing, a public hearinc must be helrL within 20 days after thp cln-mre
date for written objections, unless a later date for the hearing is
agredd to by all parties. Notice of a public hearing is published
and is given to all parties listed in Section 49-27-13 and all known
present owners of record of adjacent lands. Documentary evidence
offered at the hearing and all related documents become part of the
administrative record.

Based on the application contents, on comments received from interest-
ed parties on the comments of state agencies resulting from the policy
coordination procedure in Chapter V, and on an independent site inspect-
ion, the BMR staff will evaluate the proposed activity in accordance
with the regulations in Chapter VIII, Section 2. The staff will pre-
pare findings and recommendaction to the Commission on Wildlife
Conservation. The Commission makes the decision to issue or deny a
permit for a proposed activity. This decision may be appealed
through chancery court.

DECISION-MAKING CRITERIA

Chapter VIII includes two important tools for making decisions about
activities affecting coastal wetlands. The first of these is the coastal
wetlands use plan. It specifies allowable uses in the state's wetlands,
and shows where activities may take place in the coastal wetlands. Only
uses allowable under the use plan may receive a wetlands permit; how-
ever, exceptions to.hs.n may-4e-4b-ol-ed through a formal revision
procedu described in rhaoter VIII, Section 1.

The second important decision-making tool is the set of ug.uidelines.
These guidelines state how regulated activities should takep'. Like
the coastal wetlands use plan, the gu~idj.ejes are binding on.-PejriY.
decisions. However, variances from the guidelines could be granted
through the permit process without the need for formal revision
procedures.

ENFORCEMENT

The Attorney General at the request of MCWC, a district attorney, or
county attorney may initiate civil and/or criminal actions against

111-8

an alledged violator of the Wetlands Law, and secure an injunction
against any person or persons believed to be in violation of the law.
Chapter VIII, Section 2, Part V specifies the procedures and criteria
that MCWC will use in requesting action from the Attorney General.
Any person who violates the Wetlands Law is liable for restoring the
affected coastal wetlands to-their prior condition, and the courts
may order up to $500 per day for each violation as punitive damages.
Each day of a continuing violation consitutes a separate offense. Also,
a violation of the law constitutes a misdemeanor punishable by a fine of
not less than $100 nor more than $1,000 and/or imprisonment.

EXCLUSIONS

The Wetlands Law recognizes a number of activities, areas and entities
excluded from the requirements to obtain a state wetlands permit, but
which nonetheless are required to comply with the public policy of
wetlands protection as expressed in Mississippi Code Section 49-27-3.
The exclusions, as found in the statute and quoted in the regulations
found in Chapter VIII, are summarized below:

1. Activities - Emergency decrees; conservation and
research activities; hunting, erecting of duck
blinds, fishing, shellfishing, trapping, swimming,
boating, and Qther rec tivits
exercise of ri pariaats where the eb andflow
of the-tide is not unreasonably obstructed; normal
maintenance and repair operations; all interstate
highways; and oil and gas activities when permitted
by another state agency;

2. Areas - Coastal wetlands developed in connection
with a superport; wetlands under a use permit
granted by Chapter 395 of Laws of 1954 (an exist-
ing power plant ash pond); wetlands conveyed by
the state for industrial deve--Opriiei pu-r-su"ant-:o
Section nii of the Mississippi Constitution and
Section 29-J-61 of the Mississippi Code; coastal
wetlands within five feet of private property;

3. Entities - Activities conducted by certain
entities on wetlands within their perspective
jurisdiction are excluded. These entities are
the Biloxi Bridge and Park Commission; local
port commissions, port authorities, development
commissions, and port and harbor commissions;
mosquito control commissions, state park
commission, and the Mississippi State Port at
Gulfport;

4. Regulated Activities Covered by a Certificate
of Waiver; and

111-9

5. The Erection of structures on suitable sites
for water dependent industry, if such activity
is a water dependent industry.

Applicability of the Wetlands Law to Exclusions

Mississippi Code Section 49-27-7 clearly requires the activities of
exclusions in the Wetlands Law to comply with the public policy of
wetlands protection in Section 49-27-3, and requires that BMR be
notified of such activities.

An Attorney General's opinion of October 30, 1974, (Appendix I)
reinforces the applicability of the wetlands policy to the
exclusions. The opinion stated that MMRC (now BMR)

. . . as the administering agency of the Wetlands Law,
may decide whether unnecessary alteration of wetlands
-is aking place Dv an exempt party, thdLi is, to an
extent greater than is requi-re-db the activity which
the Legislature has decided is a "higher public interest".
Whether the "exempt authority" is being exceeded then
becomes a factual matter to be determined-b-ti-Douncil
(now the Commission on Wildlife Conservation).

This concept was supported and strengthened by a 1978 amendment to
Mississippi Code Section 57-15-5. The amendment gave MMRC (now BMR)
the "responsibility for the gener1 waaynt.of the state's wetlands".
An Attorney General's opinion of May 31, 1978, stated that thls-amend-
ment

. . . adds to the prior enactment so that the activities
of exempt parties or agencies in the wetlandiiuist-be
conducted not only in accordance with the pub Ec olicy
expressed in Section 49-27-3 but, under the new managerial
functions of the Council, must also be conducted in a manner
consistent with the manaement plan . . .

Thus, the exclusions in the Wetlands Law are required to follow the
public policy of wetlands protection, and required to do so in con-
formance to a management plan. This management plan is embodied in
the rules and regulations for coastal wetlands ifn Chapter-VIII.

Certificate of Waiver

The Wetlands Law provides that a Certificate of Waiver may be issued for
projects which are considered minor in nature. The Certificate of Waiver
is issued to an applicant after an _n-i_ inpscijon reveals that the
proposed regulated activity will have no direct or significant impact on
the environment and will make no substantial change in the coastal wet-
lands. The regulations provided in Chapter VIII identify projects which
qualify for a Certificate of Waiver.

111-10

This procedure has been in effect since 1974. Experience has shown
that the procedure has greatly reduced time delays for applicants,
and conserves staff time as well. Waiver guidelines parallel the
guidelines used by the Corps ofEng in thoir gpneral Dermit
under Section 404 of the Clean Water Act.-

Water Dependent Industry

Activities of water dependent industries do not require permits to
erect structures on suitable sites for water dependent industry.
This exclusion is fully detailed in the regulations in Chapter VIII.
This exclusion does not relieve the exempted activity from the require-
ments of having a permit for all other regulated activities described
in 49-27-5(c)(i) through (iv) (e.g., dredging, filling, dumping).
Water dependent industries, when conducting an exempted activity, must
still conform to public policy and notification procedures.

JURISDICTION OF THE CORPS OF ENGINEERS

The coastal wetlands permitting function of BMR is often confused with
the U.S. Army Corps of Engineers wetlands permitting efforts. State.l
law limits BMR's jurisdiction to the watermark nf nrdinyr hig_ tide.
~ ~-vt-lfie Corps f_Engjneers' jurisdictinn ic much more extensive.
ti ns toaTl waters of the United States. and include- t- land
above the waterfnar-k--offordinarv hiah tide.

* ~CHAPTER FOUR
FISHERIES MANAGEMENT

Contents
Section I.: Fisheries Management Authorities

Section 2: Problems in Fisheries Management
Section 3: Improving the Fisheries Information Base
Section 4: State/Federal/ Interstate Organizational
Relationship
Section 5: Methods for Enhancing Commercial and Recreational
Fishing

CHAPTER FOUR: FISHERIES MANAGEMENT

SECTION 1: FISHERIES MANAGEMENT AUTHORITIES

Section 49-15-1 of the Mississippi Code states, in part:

...The public policy of this state shall be to recognize the
need for a concerted effort to work toward the protection,
propagation and conservation of its seafood and aquatic life
in connection with the revitalization of the seafood industry
of the State of Mississippi, which is one of the state's major
economic resources and affords a livelihood to thousands of
its citizens; and in this connection, it is the intent of the
legislature to provide a modern, sound, comprehensive and
workable law to be administered by specialists, who are vested
with full and ample authority to take such action as may be
necessary in order to help protect, conserve and revitalize
seafood life in the State of Mississippi.

Appendix C provides the text of the state's seafood statutes. The major
authorities included in these statutes are to:

1. Set the standards of measurement to be used in determining
Teil catch sizes;

2. Regulate the opening and closing of season for the taking
ct -ommercial purposes of shrimp, crabs, oysters, and
fish.

3. Regulate the size and taking regulations for all types of
seafood and culling rgTulation-s~-o-'fsters;

4. Acquire and dispose of shells, seed oysters, and other
materials to effectuate the growth of oysters;

5. Establish enforcement procedures and penalties for
violations;

6. Establish minimum specifications for crab traps and
require that these traps be marked with appropriate
buoys identifying the owners.

7. Prohibit the use of double rigged vessels in the waters
of the Mississippi Sound lying between the mainland and
the island chain south of the mainland;

8. Establish an open season for menhaden consistent with
the statutory directive of such open season;

IV-2

9. Require all boats used in any operation affected by the
regulations of the statutory authority of the commission
is ~~~~or by the rules and regulations promulgated by the
commission to be licensed even though such boats may
operate in other-territorial waters. Where any vessel
is operating in the waters of Mississippi and some other
state, that vessel is deemed to be operating in interstate
commerce; and

10. Enact all regulations necessary for the protection, conserva-
tion, or propagation of all shrimnp., oysters, commercial 1,fish
and crabs in the waters of the Stat-eof-Mississl~pi.T7'

The authorities described above rest with the Commission on Wildlife
Conservation, and are exercised insofar as practicable through BMR.
In addition to the direct exercise of fisheries management authority,
several other regulatory authorities will assist in protecting
and enhancing the coast's fisheries in a less direct manner.

~The Wetlands Management Chapter (Chapter III) protects the ecological
fintegrity of the fisheries resource base. The proper management of the
Iwetlands will maintain the supply of nutrients to the estuaries on which
the commercial fisheries depend.

The enforcement of water quality standards will also help protect fisheries.
These standards are, in part, designed to maintain water quality suitable
Vk for marine life. The authority for this enforcement rests with the Bureau
of Pollution Control of the Department of Natural Resources.

The State Board of Health controls the construction of septic tanks in
areas where the public health will be endangered. This control serves to
moderate the amount of untreated sewage effluent finding its way into
coastal waters. Other functions of the Board of Health are to control
~sanitation in the seafood industry, and to determine whether waters are
sanitary enough for the taking of oysters for human consumption. The
Board of Health is oblioed 'to conduct its activities in a -manner con-
sistent with the program by virtue of Section' 57-15-6 of the tlississippi
Code.

SECTION 2: PROBLEMS IN FISHERIES MANAGEMENT

One of the most significant problems confronting Mississippi's fishermen
is the conflict between sport and commercial interests. This problem is,
in part, due to the limited resources that cannot support unlimited ex-
ploitation by both recreational and commercial fishermen. Another
problem is that there is no licensing procedure for saltwater recreational
fishermen. This results in an inadequate data base for recreational

IV-3

fishing decision-making. If the data base were known, then a reason-
able optimum sustainable yield (OSY) could be determined. A related
problem stems from the lack of sound baseline information. To
implement effective fisheries management, it is imperative to know
the dimensions of the available resource base.

' The destruction of the marine habitat - specifically the coastal
wetlandsft upon which fisi'erie are so dependent - creates problems in
sustaining a high fisheries yield. While some development in the wet-
lands is in the public interest, the loss of valuable nutrients is
harmful to the fishing industry and must be considered.

A number of organizations are designed to assist in fisheries manage-
ment. But in most cases, marine fishermen and their interests are
not adequately represented on fisheries management groups. This is
particularly true in relation to the representation that other
interests have on these groups.

1 A prble relating to both commercial and recreational fisheries is
ther lackof adequate access to the state's coastal resources. The
~coasj'_~ublTcarihn ramps, piers, marinas, and restroom facilities
re limited. Presently, fishermen often have to drive long distances
o reach these facilities. In addition, problems of fuel costs, avail-
bility of ice, availability of dock space, and monetary considerations
must be addressed.

SECTION 3: IMPROVING THE FISHERIES INFORMATION BASE

Orderly and productive fisheries management occurs only when objectives
are clearly defined, resource management problems are well identified,
research to resolve problems is carried through to substantial completion,
and indicated management solutions are implemented.

Defining the objectives of a fisheries management program is not a task
to be taken lightly. Oifferent sectors make up the fishing interests
in the coastal area. Within the narrow context of one sector, the overall
objective may simply be to provide for "better fishing". While no one
would take issue with such an objective, "better fishing" has different
connotations to each sector. To the commercial fishermen, better
fishing requires an increase in total landings and/or increase in
harvest per unit of effort required. Similarly, better fishing to
much of the recreational sector merely implies a decrease in the time
between bites. Yet another element which must be considered in the
recreational fishery is that a reasonable possibility o~f catching
large fish of quality instead of quantity should be provided.

IV-4

These objectives are within reach of a well-organized fisheries
management program which would strive to develop and enhance those
factors which contribute to better fishing while regulating those
factors which are detrimental to the resource. The principal factors
which fall into these categories are:

1. Habi_ tat egradation - the determination of safe
concentrations of toxicants and the regulation
of discharges to aTloTbTle levels.

2. Habitat destruction - diversion of water flows,
ditching annd--df'raining, dredgng and tqi-lling,
alteration of barrier islands, dam construction,
substrate removal, vegetation removal, bulkhead
construction, jetties, breakwaters, and similar
structures.

3. Habitat creation - including marsh creation from dredged
spoils, creation of seagrass beds, and artificial reef
construction.

Emphasis on habitat conservation, protection, creation, and enhancement
in a fisheries management program would promote maximum productivity for
all species. Nonetheless, harvest factors must be accounted for in order
to assure that existing stocks are not being subjected to excessive fish-
ing pressure.

Effective harvest management is difficult, primarily because there is
little knowledge regarding the harvest sector, in particularly the
recreational fishery. There is a related lack of knowledge regarding
the distribution of existing fish populations (stocks). This vital
management information should be acquired for in any sound fisheries
management program. The information needed can be prioritized on the
basis of its relative contribution to the management efforts as follows:

1. First order information is considered to be the minimum
information necessary for rational fisheries management.
Such information would encompass: (i) the distribution
and abundance of the stocks of each species to be manag-
ed and the fishing and habitat pressures to which these
stocks are subject; (ii) the capacity to measure changes
in abundance and fishing pressure; and (iii) the ability
to quantify expected surpluses and/or deficits.

2. Second order information would allow more effective
management through stocking programs, areal catch limita-
tions, and similar tools. This would require the follow-
ing additional information: (i) life history knowledge;
(ii) size and age structure of stocks; and (iii) behavior
of each stock (migrations, etc.).

IV-5

3. Third order information would provide a predictive
capability for a multi-species fishery. It would
enable management personnel to assess the effects
of major environmental and wetlands modification
activities upon year-class strength, spawning
success, and recruitment. Such an effort would
require in-depth information regarding: (i) eco-
logical relationships between and among species
with particular emphasis on overlap, competition,
and predation as well as critical habitat identifi-
cation; (ii) knowledge of density dependent and
independent population factors (growth rates,
specific mortality, intraspecific competition, etc.);
and (iii) the prerequisities for development of
a population model for each fishery stock.

SECTION 4: STATE/FEDERAL/INTERSTATE ORGANIZATIONAL RELATIONSHIP

TERRITORIAL SEA MANAGEMENT

The Gulf States Marine Fisheries Commission (GSMFC) was created by
Texas, Louisiana, Mississippi, Alabama, and Florida. These states
recognized that some species of fish are depleted, and that since man~y
stocks migrated beyond a single state's boundary, corrective action wouldW
require some form of interstate agreement. GSMFC was therefore established
by mutual state action, and was ratified by the U. S. Congress.

GSMFC promotes dialogue between the states on fishery matters, sti-
mulates research on problems of mutual concern, represents the states
before Congress, and secures contracts to conduct management and research
work. However, GSMFC is without any authority except as the states
might agree to take a unified course of action. Unless a unanimous
decision is reached, problems cannot be resolved through this organi-
zation. Thus, it is not an appropriate vehicle to resolve major
interstate fishing issues.

FISHERIES CONSERVATION ZONE MANAGMENT

Established by Public Law 94-265, the Fishery Conservation and Management
Act (FCMA) of 1976 was adopted by Congress in response to the widespread
concern that the survival of certain stocks of fish off the coast of this
country is threatened,,arid that other such stocks have been so substanti-
ally depleted that they could face similar danger. FCM'A made it the
policy of the United States to establish a "workable and effective"
fisheries management and conservation program based upon the best
scientific information available, involving interested states and
citizens, and drawing on federal, state, and academic capabilities to
carry out research, administration, management and enforcement.

IV-6

Initiated in March of 1977, the management program adopted as its
boundary the already familiar 200 mile limit, also known as the
Fisheries Conservation Zone (FCZ). The FCMA provides for the
management authority for all species in this zone.

The entities responsible for this massive management effort are the
respective regional management councils. Each council is charged with
the development of fishery management plans for the species within the
ocean waters of its region. These councils are also required to submit
periodic reports to the Secretary of Commerce; to review and revise
assessments of optimum yield and allowable foreign fishing; to conduct
public hearings on development of fishery management plans and on the
administration of the act; to establish scientific and statistical
committees and necessary advisory panels; and to undertake any
activities necessary to carry out FCMA.

.The councils have been designed so that they are autonomous from both
the federal and state governments. The voting members consist of
each state's principal fisheries management official designated by the
Governor of that state; then regional director of National Marine
Fisheries Service for the area concerned; a "qualified individual"
from each state, selected by the Secretary of Commerce from nominations
by state governors; and other "qualified individuals" who will be
appointed at large, the number of which will vary with the number of
states in the council regions. These too, are appointed by the Secretary
of Commerce from state governors' nominations.

* ~~~The fishery management plan of each regional council must conform to six
national standards:

1. Conservation and management measures must prevent over-
fishing but achieve optimum yield for each fishery;

2. Such measures must be based on the best scientific
information available;

3. An individual stock of fish must be managed as a unit
throughout its range to the extent practicable;

4. The measures must, where practicable, promote efficiency
in the use of fishery resources;

5. They must take into account and allow for variations
about fisheries, fishery resources, and catches; and

6. Where practicable, they must minimize costs and avoid
unnecessary duplications.

Enforcement is the joint responsibility of the National Marine Fisheries
Service (dockside) and the United States Coast Guard (at sea).

IV-7

The development of management and research concepts will depend
to a large extent upon cooperation between the National Marine
Fisheries Service and the Scientific and Statistical Committee
of the Regional Council in the determination of optimal sus-
tainable yields (OSY). The determination of (OSY) for a given
fish stock is the basis of any effective fishery management plan.
The primary source of data for OSY is the National Marine
Fisheries Service (NMFS); thus NMFS constitutes a major artery
between the federal government and the regional councils.

INFORMATION MANAGEMENT

NMFS has two separate organizations in the Southeast that serve the
South Atlantic and Gulf of Mexico states. One is the Southeast
Regional Office centered in St. Petersburg, Florida. The other is
the Southeast Fisheries Center headquartered in Miami, Florida. The
two Directors report to the National Oceanic and Atmospheric Admin-
istration's (NOAA) Assistant Administrator for NMFS in Washington, D.C.

The Southeast Regional Office is concerned with state conservation
agencies, recreational interests, the fishing industry, and the general
public. It is responsible for planning, organizing, and implementing
fishery management and conservation programs. The region also provides
administrative and technical support to the Regional Management Council;
its Regional Statistical Office in Little Rock, Arkansas publishes the
familiar "Mississippi Landings" and "Gulf Coast Shrimp Data."

The Pascagoula Mississippi Laboratory of NMFS develops biological and
economic information to support development of underutilized fisheries
in the Gulf of Mexico. Current activities include:

1. Assessment and monitoring of Gulf of Mexico resources
with emphasis on status, yield potential and abundance
of groundfish stocks.

2. Coordinating development of new fisheries.

3. Development of new and improved techniques for
efficient and selective harvests.

SECTION 5: METHODS FOR ENHANCING COMMERCIAL AND RECREATIONAL FISHERIES

There are numerous methods and procedures through which a state can
improve and enhance the quality and quantity of fisheries in the

Mississippi Sound. Overall enhancement of the fishery will, in turn,
make more fish available to be caught by the sport fishermen and for
commercial harvest. Following are examples of the activities that
will be pursued during the implementation of the coastal program:

1. Revision of ordinances - Presently, there are only a few
ordinances which deal with recreational fishing. The vast
majority of existing ordinances refer to commercial fishing.
In addition, the recodification of existing ordinances will
be investigated.

2. Licensing - The licensing of saltwater sport fisher-
men as freshwater fishermen are now licensed) is
another potential action that will provide for more
control over individual species, better enforcement,
and will provide for an assessment of recreational
fishing to be made. This will require new legislation.

3. A,11ocation of funds for reserach and development -
Pre-sint , funds or research-come froms--everal different
sources and are applied to various research efforts. Most
research monies come from federal sources and unfortunately
federal funding is not adequate to cover all areas of needed
fisheries management. Increased demand on the natural
resources and public accessibility indicate a need for added
funds which would be a tremendous help to resource managers.
Newly allocated funds can provide an understanding of the
biological, economic and social aspects of marine fishing.
Particular emphasis should be given to stock assessment,
including natural and fishing mortality, growth, and
characteristics and value of the industry.

4. Imoved coin among local, state and federal agencies -
Presently, there is a severe overlapping of authorities and
jurisdiction among existing agencies. This situation produces
overlapping research as well as a waste of funds.

5. Increase public access - Mississippi lacks adequate public
facilities su~cfa as boat launching ramps and piers. These
conditions do not provide the angler with suitable opportunity
to enjoy the sport of fishing. Funds derived from saltwater
fishing licenses could be used to build launching ramps, marinas
and other facilities. However, the decision to build such
facilities must be made with the constraints of optimum sustain-
able yield in mind.

'X-6. Protection of natural habitats - All fisheries resources are
dependent o6na sound environment. It is essential that con-
tinued steps be taken to prevent the loss and degradation of
the coastal wetlands.

IV-9

),7. jIncreas-e-the productivity of coastal water_ - Enhancement
measures are needed to increase the productivity of the
marine environment. One method is to restore lost coastal
wetlands while reducing the impact of polluting activities
in the coastal environment. The establishment of areas
as estarine sanctuaries is another affirmative management
technique. Other very important methods to increase the
productivity of the coastal waters thereby improving fishing
is to (i) create reefs, such as the sunken liberty ships
now in the Gulf which enhance fishing and (ii) to develop
mariculture in the Mississippi Sound.

8. Future technological advances in net, boat and equipment
design need to be encouraged. This effort, which could be
achieved by research grants, will greatly benefit the
commercial fishermen.

9. The commercial fishermen would also benefit from the
creation of a fishermen's market.

10. Establish educational prognms_- Mississippi needs to
institute programs which will inform the public about
the importance of the marine environment. The programs
should include up-to-date changes in laws that pertain
to the environment and fisheries.

11. New sales outlets and the utilization of fish species not
presently being harvested would help boost the fishing
economy.

IV-10

CHAPTER FIVE
POLICY COORDINATION
Contents
Section 1: Background
Section 2: Procedures

V-1

CHAPTER FIVE: POLICY COORDINATION

SECTION 1: BACKGROUND

LEGISLATIVE MANDATE

Mississippi Code Section 57-15-6(2) states that the coastal program, built
around the ten goals described in Chapter II, should comprise a statement
of consolidated state policy in the coastal area, incorporating all
applicable constitutional provisions, laws and regulations of the State
of Mississippi. Section 57-15-6(3) provides the authority to carry out
the coastal program. In relevent part, this statute states that:

In addition to the powers and duties now conferred upon them
by law, all state agencies shall carry out their responsibili-
ties in the coastal area in compliance with the coastal program

To carry out this mandate, Section 57-15-6(3) provides for procedures to
review and coordinate decisions affecting the coastal area. The policy
coordination procedures described in this chapter are designed to
accomplish this. Formal procedures are provided in Chapter VIII, Section
4.

COASTAL PROGRAM AGENCIES

Only four state agency offices are charged with the primary administrative
responsibilities for the coastal program: BMR, the Bureau of Pollution
Control (in DNR), the Bureau of Land and Water Resources (in DNR), and the
Department of Archives and History. These agencies are responsible for re-
viewing decisions that affect the coastal area, and for commenting on such
decisions so that they are made in accordance with the program's goals.
Collectively, these agencies will be referred to as the "coastal program
agencies". Their responsibilities for policy coordination are described
below.

The Bureau of Marine Resources is responsible for reviewing and commenting
on proposed state and federal actions with respect to the following aspects
of the coastal program:

1. Wetlands protection, as stated in Mississippi Code
Section 49-27-3;

2. The efficient utilization of waterfront sites, as stated
in Mississippi Code Section 57-15-6(1)(a);

3. Seafood conservation, as stated in Mississippi Code
Section 49-15-1;

4. Preservation of natural scenic qualities, as stated in
Mississippi Code Section 57-15-6(1)(d);

V-2

5. National interest, as stated in Mississippi Code Section
57-15-6(1)(c), and as described in Part I.C.

In addition to these substantive responsibilities,BMR, is charged with
managing the policy coordination procedures described in this chapter, and
has the responsibility to provide assistance to local governments.

The Bureaul-of.-Pollution Control is responsible for reviewing and commenting
on proposed state and federal actions with respect to preserving air and
water quality, as stated in Mississippi Code Section 49-17-3. In ex-
ercising this responsibility, the Bureau of Pollution Control establishes
as coastal program standards, the provisions of the Clean Water Act and
the Clean Air Act, as well as the provisions of state laws and regulations
implementing these Acts. In addition, BPC is responsible for the state's
water quality certification of Corps of Engineers 404 wetlands permits.

The Department of Archives and History reviews and comments on proposed
state and federal actions for their impact on historical and archeological
resources, as stated in Mississippi Code Section 51-3-1.

SCOPE OF POLICY COORDINATION

Through policy coordination procedures, the coastal program incorporates
applicable laws and regulations of the state, many of which are not
under the jurisdiction of BMR. So that the coastal program will not
conflict with the jurisdiction of other coastal program agencies, each
coastal program agency determines whether a proposed activity complies
with the provisions of the coastal program for which it has statutory
responsibilities.

BMR does not have authority over other agencies in the exercise of
their primary responsibilities. However, all state agencies are
required by law to carry out their responsibilities in the coastal
area in compliance with the coastal program, unless otherwise prohibited
by law. In addition, federal agencies will be bound by these policy
coordination procedures under Section 307 of the Coastal Zone Management
Act, upon approval of the coastal program under Section 306 of that Act.
Chapter VIII, Section 4 provides special coordination procedures for
federal actions.

The procedures described in this chapter are for coordination among
state and federal agencies. Private parties and local governments will
be affected only if they are currently affected by state or federal licenses
or permits. These policy coordination procedures will not create new
regulatory permits.

SECTION 2: PROCEDURES

Because it is familiar and operational, the state's A-95 notification will
be used for policy coordination under the coastal program. The State A-95

V-3

Clearinghouse currently operates under the Governor's office as the
statewide notification and review system for federal assistance pro-
grams in Mississippi. On a weekly basis, the state clearinghouse
compiles the projects submitted and publishes a weekly log of projects
to serve as notice to interested agencies. Any agency or other interested
party wishing to review and comment can seure a_ opy of the full project
description and forward comments to the state clearinghouse. On the
basis of these comments, the clearinghouse formulates the state's review
of the project.

For the purpose of coastal program coordination, the A-95 system will be
extended to include the review of actions by state agencies, as well as
the actions of federal agencies. There are a few leqal and procedural
differences between state and federal policy coordination in the castal
program. Separate provisions for state and federal actions are provided
in Chapter VIII, Section 4, and therefore will not be discussed here.

Wthile A-95 providep fnr a full rpUview of each project, not all actions
require the same degree of scrutiny to insure consistency with the
program. For this reason, two differpn+_tvDes of activities are
recognized:

1. Reviewable actions: These are state and federal actions that
have a dirprt and cinnificant imnihact on rnatal waters, or
that otherwise affect the qoals of the coastal nroqram.
Reviewable actions will be subject to the full review and
policy coordination procedures. These actions are specifically
listed in Chapter VIII, Parts IV and V.

2. Consistent actions: Those actions listed in Parts IV and V
ot Chapter VIII that have been deterned +-n hp consistent with
the program by interagency agreement with the commission or
by ni-er review iinnrir rniehs pn-lu rnnrollntion Drnrpdures.
Full review and formal consistency certification are not
required for consistent actions. However, agencies proposing
consistent actions shall insure that these actions are consis-
tent with the program.

Chapter VIII, Section 4, Parts IV and V list state and federal actions
that are subject to review or to notification. If an action is not
listed, it does not require notice and review through the policy
coordination procedures. However, as with consistent actions, proposing
these actions shall insure that they are consistent with the program.

Figure V-1 illustrates how the policy coordination system will work
through A-95. An agency proposing an action must first determine
whether the proposed action is reviewable or consistent to determine
whether simple notice or full review is necessary. Consistent actions
will redqure only a notice to the A-95 clearinghouse tating that
the propnsea action is detined as consistent, and citing the basis
of that determination.

V-4

Figure V-1

POLICY COORDINATION REVIEW PROCEDURE

I Proposed
Action

11
Submit To
A-95 For
Weekly Log

Consistent
I Reviewable

Interested Agencies
Review, BMR Issues
Public Notice, If
Necessary

Regulatory
/Comments Objection By
_ Prepared / Coastal Program

Is\ / Agency

No Regulatory Objection
Prom Ceastal Program /
Agencies

A-95 Consistency Resolved Confli
Comment Certification

Not
Comments To Resolved
Agency And/Or
Applicant

I)~l Enforcement
Proceed l| Action

V-5

Both reviewable and consistent actions will appear on the weekly log of
projects distributed across the state. -BMR will monitor this log to
insure that all actions listed as consistent are properly categorized.
eh ureau will also monitor the log to examine projects for which it has
�tatutory review responsibilities and will comment accordingly. The
otie-r three coastal program agencies are responsible for monitoring the
log for those projects that require review under their respective statutory
responsibilities.

Reviewing agencies have a 60 day review period from the time the proposed
action is suDmittea to the state clearinghouse. For surface mining per-
mitting, this period is 45 days because of statutory limitations. If at
the end of the review period, an agency has failed to comment, that agency's
concurrence can be conclusively presumed.

LIMITATIONS AND CONFLICT RESOLUTION

A reviewing agency may make three types of comments for policy coordina-
tion purposes:

1. Regulatory Comments: An agency may make regulatory comments
ththe extent that it has statutory authority incorporated into
the coastal program to regulate or otherwise control an activity.
Regulatory comments shall serve as the basis for BMR to issue
a consistency certification. By virtue of their enforceability
through existing regulatory procedures, regulatory comments must 0
be complied with if a prime agency is to be in compliance with
the coastal program. A reviewing agency shall indicate in its
review if it is making regulatory comments.

2. Mandatory Considerations: These are issupc- nolicipg. or guidelines
which must bp rnnniilrad.. An agency proposing an action hat the
discretion to balance mandatory considerations amonq other factors
for which it hag rqnonnihility. (Scenic guidelines and national
interest are such considerations). To be in compliance with the
coastal program, an agency proposing an action must consider
in its decision-making the mandatory consideration comments
received through the policy coordination procedures.

3. Informational Comments: Informational comments may be made, with-
out limitation, through the policy coordination procedures. An
agency may, in its discretion, consider informational comments
and determine how to evaluate them with respect to other decision-
making factors.

If no coastal program agency objects to the proposed action on the basis of
regulatory comments, BMR shall issue a consistency certification. If a
coastal program agency has not commented within the allotted review time,
its concurrence with the proposed activity will be assumed.

V-6

In the event of a conflict between coastal Drociram aciencies and thp
agency proposing an action, the conflict resolution orocedures in ChaDter
VIII, Section 4 are available. If this does not result in a resolution,
V~e governing body of the agency objecting to the action will determine
whether the proposed action is consistent with its regulatory authorities.
If after such determination the governing body of a coastal program
agency objects to a proposed action,then the proposed action shall be
considered inconsistent with the coastal program.

TIMING OF REVIEWS

The purpose of the policy coordination procedures is to insure that all
actions affecting the coastal area are taken in a manner consistent
with the program. Accordingly, proposed actions should be reviewed
at the earliest possible stage in decision-making. The differentiation
of reviewable and consistent actions encourages early review, because
once reviewed in an early stage, a project can proceed withoug having
to be reviewed again at the succeeding stages, provided that no major
changes have taken place in the proposed activity.

SCOPE OF REVIEW

Policy coordination reviews are to be made by considering the effects
of the proposed action the broadest sense. The immediate direct
effects of the proposed action must be considered along with the impacts
that will be induced by the action. The consideration of induced effects
is especially important where infrastructure investments are being
considered. Often, unintended effects are induced. If, in the opinion
of the reviewing coastal program agency, these unintended effects can
be reasonably expected, the reviewing agency can consider these effects
in its review.

It is the intent of these policy coordination procedures to provide a
single review system sufficiently broad to satisfy the review requirements
of all state or federal agencies. For example, the construction of a
single facility may require a number of different permits from both state
and federal agencies. The policy coordination procedure can serve as the
single review mechanism to gather the comments of all concerned agencies
for all of the permits in question. In its development of one-stop permitting,
BMR will utilize the policy coordination procedures for conducting simultaneous
reviews, with the ultimate aim of reaching concurrent decisions.

ENFORCEMENT

State agencies are required to abide by the provisions of the coastal
program as a matter of state law. If a state agency proceeds with an
action that has been determined to be out of compliance with the
coastal program as a result of these policy coordination procedures,
BMR will inform the Attorney General for appropriate action.

V- 7

CHAPTER SIX
SPECIAL MANAGEMENT AREAS
Contents
Section 1: Background on Special Management Areas
Section 2: Industrial and Port Areas
Section 3: Shorefront Access Areas
Section 4: Urban Waterfronts

VI-1

CHAPTER SIX: SPECIAL MANAGEMENT AREAS

SECTION 1: BACKGROUND ON SPECIAL MANAGEMENT AREAS

Special management areas (SMAs) are areas designated because their
economic or recreational opportunities can be effectively realized
in an environmentally sound way through site specific planning and
management. The purpose of special management designations are:

1. To apply the general provisions of the coastal program
to specific geographical areas.

2. To streamline regulatory decisions in these areas through
planning for and resolving per-mt conflicts in advance of
individual development projects being implemented.

3. To coordinate regulatory decisions with the affirmative
deveTopment efforts of the coastal program and of
local governments.

4. To prvide asusistance to local governments to plan
for public facilities and services in areas whose
use is historically, economically, and culturally tied
to coastal waters.

SMA designations do not impose new regulatory authority. SMA designations
are voluntary; they require the agreement of the local governments. More-
over, SMAs will require the efforts of local governments if their oppor-
tunities are to be fully realized.

During the course of coastal program implementation, SMA plans will be
developed for each designated SMA, as funds and staff time permit.*
Once completed and officially adoped as art of the costa progm,
a SMA plan will be an authoritative interpretation of the coastal
program as it applies to a specific site. In permit decisions by the
state, the plan will prevail over the more general provisions of the
coastal program. Furthermore, as official policy, SMA plans will be
recognized by federal agencies in their actions.

The guidelines in Section 5 of Chapter VIII spell out the formal decision-
making process for SMA plans to become part of the Coastal Program.
Simply put, this process has five steps:

1. BMR entrs into an agreement with a governmental entity
t.p eoip a SMA pia-n for a specific site.

*As of August 1980, no SMA plans had been developed.

VI-2

2. Appropriate fed~erl agencies will be ronsulted for participation
in plan development. BMR and the local government's staff will
jointly develop the plan in cooperation with federal agencies.
Public meetings or hearings may be held during the course of
plan development.

3. The draft SMA plan from step two will be submitted to the local
governing authority, MCWC, and federal agencies for concurrence.

4. A-public hearing will be held on the draft plan prior to
its formal adoption.

5. Based on public hearing comments, the draft plan will be
revised as appropriate, and then submitted to__the-ro's
Governing authority and MCWC for final approval. Upon final
approval by MCWC, the SMA plan becomes state policy as an
official part of the Mississippi Coastal Program.

A distinguishing characteristic of SMA plans is that there will be a
marriage of regulation and affirmative development efforts. The two
go hand in hand in a SMA plan. Through properly planned development
efforts, the need for regulation is reduced to a minimum. However, for
SMA plans to be used in permit decisions, they must be completed with
the same content and level of details as would be required for regulatory
purposes. The decisions that go into the plans will have to be based on
the same criteria that would be used for permit decisions at both the
federal and state level. This sets a deliberately high standard for
SMA plans, but high standards are required for SMA plans to be used
effectively in decision-making.

The use of SMP plans is not limited to permit decisions. It will be
clear from the discussion of designated SMA's in the following sections
that local governments play a major role in the physical development and
management of SMA's. In this light, SMA plans can be used by local
governments to guide their development decisions, and to coordinate
the permitting procedures of state and federal agencies with these
decisions.

The remainder of this chapter describes each of the three types of
special management areas designated: (i) industrial and port areas,
(ii) shorefront access areas, and (iii) urban wtaerfronts. Specific
sites are designated for each type of area, and a description of how
the program will be involved in managing each area is provided.

SECTION 2: INDUSTRIAL AND PORT AREAS

The following industrial and port areas are designated as special
management areas and are illustrated in Figure VI-1. These SMA designations
apply to general areas. The specific boundaries and development limits of
these areas will be determined by SMA plans.

VI-3

1. Port Bienville Industrial Park: Covering 2,600 acres
of county-owned lands, 1,650 acres are divided into
industrial sites. A 12 foot channel provides the site
with access to the Mississippi Sound and the Intra-
coastal Waterway via the Pearl River. This park is
located approximately 30 miles east of New Orleans,
Louisiana. By highway, the park is 16 miles from
Interstate 1-10 and 1-59. The industrial park is
managed by the Hancock County Port and Harbor Commission.

2. Pass Christian Industrial Park: This site, covering 190
acres is located north of Pass Christian. Commonly referred
to as Bayou Portage, the site is provided with access to
the Bay of St. Louis by 8' x 100' channel. A 12' x 160'
canal off Bayou Portage creates a number of moderately
sized waterfront lots. This industrial park is managed
by the Harrison County Development Commission.

3. Bayou Bernard Industrial Park: Encompassing a total of
1,450 acres, this waterfront industrial area is located
on Bayou Bernard and just south of Interstate 10 and east
of Highway 49. The park is served by a 12' x 15o' canal
from Big Lake in Back Bay Biloxi to Bayou Bernard and has
approximately 500 acres of waterfront sites remaining for
new development.

4. Pascagoula River: Together with the Bayou Casotte Industrial
Area described in number five below, the Pascagoula River
Industrial Area is managed by the Jackson County Port Authority.
This area includes the massive shipbuilding facilities on
both the west and east banks, the grain elevator, public
terminals, and several industrial sites on the west bank of
the river. The area is served by a 38' channel upstream of
the bridge. South of the shipyard is a large spoil island
which Jackson County intends to develop.

5. Bayou Casotte: The most intense concentration of heavy
industries on the coast, the Bayou Casotte Industrial Area
is served by a 38' channel, with studies underway to deepen
it. The area is heavily developed, but potential industrial
sites exist on both sides of the channel, including the area
known as Greenwood Island. In connection with Bayou Casotte's
development, the possibilities of channel depth and realignment
at Petit Bois Island need to be examined.

VI-4

BAY~~~~~~~~~~~~~~~~~~~~~~~~~~~~OU BEL

N~~N

N INDUSTRAL PAR-kI

7'~~~~~ ~ ~~~~~~~~~R OFLA-'a B A O AOT

IEITVILI-i~~~~~~~~~~~~~~~~~~~~~~~~~~~~ VTI PARK

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~- - - - - - - - - - - - -- - - --

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~v~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~I

K RORT B~~~~~~~~~~~~~~~~~~~~~~~~~~~~IENDUL) NSTRIAL ADPOTAREAS

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~~~~~~~~~~~~~~~ -~~~~~~~~~~~~~~~~~~~~~~~~~~
- -- - N N - ~~~~~~~~~~~~~~~~ ~~~ .4,04*., --~~~~~~~~~scl

St n~~~~~~~~~~~~a0StSSo ,., 0~~~~~~~~~~~~~~~~~~~~~~~~~~1,00

6. Proposed Moss Point Industrial Park: Moss Point and Jackson
County are planning to develop an industrial park on the
Escatawpa River near the new Highway 63 bridge. In planning
for this park, the development potential of land sections
16 through 22 along the Escatawpa River should be investigated,
with particular reference to the sequence of development. An
additional consideration in this area is the effect of the Mobile
(Tanner William) Reservoir on water levels at the site.

MANAGEMENT CONCERNS

The development of industrial and port areas require balancing environ-
mental and developmental goals. Discussed below are the industrial and
port management concerns that must be considered area management plans.

Wetlands Protection

Waterfront industrial development and port operations, by their very
nature, require physical access to the water. Inevitably, this results
in wetlands alterations. The environmental problems of industrial develop-
ment are compounded by the fact that many existing channels, roads, rail-
roads and utility systems were built before the current awareness of the
0 ~ ~~importance of wetlands. As a result, infrastructure was often built with
the intent of utilizing, not preserving wetlands because they were regard-
ed as cheap, unproductive, insect-breeding eyesores. In an effort to make
efficient use of existing public investment, new industrial and port
development is likely to put strong development pressure on presently
unspoiled wetlands. Area management plans can be used to direct develop-
ment to minimize this harm to the wetlands and to provide for appropriate
mitigation measures.

Industrial Expansion and Efficient Waterfront Utilization

Waterfront industrial sites and ports are costly - both environmentally
and economically. Accordingly, it is important to minimize the need for
new waterfront sites by utilizing existing waterfront space as fully as
possible. High utilization of waterfront sites will mean that the great-
est development potential will be realized for a given level of wetlands
destruction. This holds impacts to a minimum, and can save money by
reducing the growth in demand for dredging. Regulations under the Wetlands
Protection Law can encourage high waterfront utilization; but area manage-
ment plans provide a more affirmative way to encourage this and to direct
development away from sensitive resources. Through this type of planning,
the need for regulation can be reduced.

V1-6

In promoting the efficient utilization of waterfront sites, care must
be taken to insure that safety is considered. Safety requirements
are often such that buffer areas are necessary. Sound planning can
help minimize the loss of development potential due to safety require-
ments.

Conservation of Water Resources Air and Water Quality

Uncontrolled industrial effluent and emissions are major threats to the
environment. Also, industrial water consumption can be a threat because
of the large quantities of water diverted for process and cooling purposes.
Existing regulatory efforts cover these problems; these efforts can be
coordinated with affirmative planning and development efforts so that
industrial development can take advantage of consolidated pollution control
and industrial water reuse, and can make water supply systems more cost
effective.

Historical and Archeological Preservation

Industrial and port development often occurs in proximity to historical
and archeological sites. Area management plans, on a detailed basis,
can identify such sites so that development patterns can avoid disturbing
such sites.

Scenic Preservation

Any development tends to disturb natural scenic qualities, and because of
sheer size, industrial and port development tends to be more pronounced in
its scenic impact. Area management plans can be used to program scenic
preservation and mitigation measures into development proposals. At the
same time, area management plans can take advantage of the visual opportuni-
ties that some developments offer.

National Interest

Economic development as well as natural preservation issues involve the
national interest. Area management plans will promote a balanced approach
to these often conflicting interests. Energy development is a major issue
of national interest involved in industrial and port development because
many industrial concerns in the coastal area support the offshore oil and
gas industry. Area management plans will reduce development conflicts and
permit delays, thereby expediting this vital national interest. Another
major issue of national interest is the consideration of impacts on
threatened and endangered species. SMA plans can help minimize these impacts.

Local Governmental Assistance and Policy Coordination

Local governments are heavily involved in industrial port development.
The coastal program can assist these governments in planning suchS
developments in a manner compatible with sound resource management.

VI-7

Also, since area management plans will be developed with the participation
of federal and state regulatory agencies, the plans will serve as the common
policy basis on which funding decisions will be made.

MANAGEMENT RESPONSE

During program implementation, area management plans will be developed in
conjunction with local authorities for each designated industrial and
port area. (BMR will program funds in its annual budget for area manage-
ment plans to be developed during that budget year.) Each industrial or
port area plan will have three major elements:

1. An area development plan: This would show the limits of develoo-
and -ould-estaab1i-sh guidelines for the development that is
planned in the area._Because of the uncertainty associated with
development in a specific area, there will have to be some flexi-
bility in the development plan within a designated area even
though the development limits would have to be firm. Examples
of what a development plan might specify would be the volume of
dredging allowed within an area, the wetland area that could be
filled, the linear extent of bulkheading, the length and orien-
tation of new canals, and circulation requirements to promote
water quality.

2. A dredged material plan: Dredged material disposal is the
major problem associated with industrial and port development.
A long-term dredged material plan will be developed for each
designated area on the basis of analysis suitable for regulatory
decisions, and would provide the ]Dcat4-n of spoil areas as well
as a dredged material program to insure adequate capacity to
support the area development plan. The dredged material plan
will consider the requirements of the site itself, as well as
the channels leading to it. Since the Corps of Engineers is
currently involved in its own planning programs for dredged
material, these SMA plans will be drawn in close cooperation
with the Corps.

3. A mitigation Drogram: The development of industrial and port
areas inevita-iy results in environmental alterations. The
effects of these alterations can be reduced by a mitigation
program that compensates for environmental losses that result
from an area's development. A mitigation program could include
a variety of measures, such as in-kind replacement for wetlands
destroyed, restoration of previously impacted areas, or enhance-
ment of unproductive areas. Mitigation programs will be
developed in close consultation with the U. S. Fish and Wildlife
Service and the Corps of Engineers so that mitigation can be
coordinated with major dredging projects.
Once an area management plan for a designated area is adopted as part of
the program, it becomes state policy. If approved at the federal level,

VI-8

SMA plans must be recognized in federal regulatory processes as valid
statements of state policy. To reinforce the usefulness of SMA plans in
federal permitting, specific interagency agreements will be sought with
the appropriate federal agencies.

Local authorities involved in the plans' formulation will play a role
in carrying them out in their traditional role as developers and
industrial promoters. Since the plans are not limited to addressing
regulatory problems, they can be used by local governments to complete
much of the early planning work necessary for public facilities.

PRIORITIES OF USE

The lowest priority of use within a designated industrial and port area
is non-water dependent industry. Specific area management plans will
detail other uses and priorities on a site-specific basis.

SECTION 3: SHOREFRONT ACCESS AREAS

The purpose of shorefront access and protection planning is to insure that
the water resources of the coast will be readily available to the public.
While shorefront access is typically thought of as beach access, the coastal
program expresses a much wider concern. The availability of beaches is
a relatively minor problem on the coast. The major shorefront access con-W
cerns on the coast are access to water for recreational boating, access for
fishing, access for passive visual enjoyment of the waterfront, and the
general quality of access facilities on the coast. The lack of facilities
such as parking, restrooms, fishing piers, and boat ramps effectively
reduces shorefront access.

STATE POLICY AND SHOREFRONT ACCESS

Shorefront access is a consideration in a number of important state policies
incorporated into the coastal program. First, access to coastal wetlands
is part of the public interest in preserving coastal wetlands according to
Mississippi Code Section 49-27-3. Second, one of the expressed purposes
of the state's policy on water pollution, Mississippi Code Section 49-17-3,
is to protect the water for recreational purposes. A necessary corollary
of this policy must be to promote access so that recreational benefits can
be enjoyed. Third, the protection and enhancement of shorefront access
for visual purposes is fulfilling one of the basic goals of the coastal
program - to preserve the natural scenic qualities of the area, as
expressed in Mississippi Code Section 57-15-6(1). Finally, local govern-
ments traditionally provide shorefront access facilities for their citizens.
BMR assistance in this effort is mandated by Section 57-15-6(l)(e)./

V1_9~

DESIGNATED SHOREFRONT ACCESS AREAS

A number of shorefront access areas are designated as special management
areas. Specifically, four major coast beaches, (Harrison County, Bay
St. Louis-Waveland, Ocean Springs, Pascagoula) and Deer Island are desig-
nated for special management as shorefront access areas. In addition,
a number of minor access sites have been identified and prioritized for
specific improvements, even though SMA plans will not be developed for
such minor sites.

MAJOR BEACHES

For the purpose of this program, the term "beach" is defined as land areas
without vegetation, consisting of unconsolidated soil material extending
landward from the mean low tide to a point where any one or combination
of the following occurs: (i) vegetation; (ii) a distinct change in pre-
dominant soil particle size; or (iii) a change in slope or elevation which
alters the physiographic land form and constitutes the transition into
dunes, wetlands or uplands.

The four major beaches designated as special management areas are described
briefly below.

1. Harrison County Beach: This 26 mile man-made beach spans the length
of Harrison County. Constructed in 1951, this beach was designed for
protection of the seawall. It is the most accessible beach on the
coast due to its proximity to the population centers of Gulfport and
Biloxi. Highway 90 provides access to the beach, but there are
serious parking shortages along the length of the beach. There are
some fishing piers and boat ramps along the beach, but more of each
are needed. A major problem with the beach is that southerly winds
continually blow sand off the beach onto the adjacent highway. Also,
shoreline erosion takes its toll, and since natural processes do not
replace this sand, periodic replenishment is required. A related
problem is that the sand blown onto the highway creates a traffic
hazard and requires costly removal. The Harrison County Beach is
controlled and maintained by Harrison County.

2. Bay St. Louis-Waveland Beach: Located in Hancock County, this beach
has excellent access from Beach Boulevard, but like the Harrison County
Beach, parking is a problem, and public access opportunities via piers
and boat ramps are lacking. This beach is maintained and controlled
by Hancock County.

3. Ocean Springs Beach: This beach is located in Ocean Springs along the
Biloxi Bay. It-is accessible to the public but because it is not
paralleled by a major highway, the beach is somewhat more difficult to
reach than the Harrison and Hancock County Beaches. There is a shortag
of both fishing piers and boat ramps along the beach, thus limiting the
beach usage to sunbathing or surf fishing. The beach is managed and
maintained by Jackson County while the city provides maintenance for
the piers.

VI-lo

4. Pascagoula Beach: This beach was constructed for the protection
of the seawall. The situation with this beach is almost identi-
cal to the Ocean Springs Beach in that both are situated off
Highway 90 and both have limited usage. As is the case in Ocean
Springs, the county is responsible for maintenance of the beach
while the City of Pascagoula has maintenance authority for piers.

Each of these four beaches are shown in Figure VI-2. Other beaches not
designated as SMA's are also shown in the figure.

The coastal program expresses several management concerns for beaches.
It is imperative that beaches be maintained, primarily for public recreation
benefits. When properly maintained, beaches protect the shore from storms, and
are visual resources because of their natural scenic quality at the land/
water interface.

When left to nature, certain coastal beaches serve as nesting areas for the
Least Tern and provide habitat for other wildlife.

An important federal court decision, U.S. v. Harrison County, 399 F. 2nd
485 (5th Cir. 1968) safeguards public access to the 26 miles of man-made
beach in Harrison County.

In 1951, in response to federal and state legislation, Harrison County
entered into a contract with the United States whereby Harrison County
received federal assistance to construct protective sand beaches "on
bottoms then under water", subject to the provisions that such beaches
be dedicated in perpetuity to the public use. After a 26 mile beach was0
built, disputes arose regarding access to it. As a result, the United
States brought suit. In U.S. v. Harrison County, supra, the court of
appeals granted injunctive relief "against interference with the rights
of the general public to the use of the beach as herein enunciated.

As a result of this case, the Harrison County Board of Supervisors was
given jurisdiction for the maintenance and administration of the sand beach.
Accordingly, any SMA plan for this beach must recognize the authority
of the board of supervisors, and must provide for a review of plan recom-
mendations by the federal court, if deemed appropriate by the Harrison
County Board of Supervisors.

While judicial decisions such as U.S. v. Harrison County are useful in
protecting shorefront access. The guidelines used in wetlands permitting
(see Chapter VIII, Section 2) insure that developments and activities
along the shoreline can be prevented from reducing public access.

The loss of large amounts of sand resulting from wind and wave action creates
a need for periodic replenishment of major beaches. This problem needs
to be addressed in the development of SMA plans. Affirmative efforts
should center on reducing the wind erosion by various techniques such
as the planting of vegetation on the beach or the erection of "sand fences"
along the seawall. Limiting'the erosion of sand by wind action will
assist in eliminating two costly problems: the need for beach nourish-
ment and the removal of sand from the adjacent highway.

VI-ll

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Coastal Energy Impact Program funds can be used to assist in the con-
struction of many of the enhancement features such as boat ramps and
parking facilities. The coastal program can also provide assistance
for plans and studies to determine ways to reduce beach erosion or im-
prove public access.

DEER ISLAND

Due to its closeness to Biloxi, and because it faces imminent develop-
ment, Deer Island is designated as a special management area. Located
just a few hundred yards from the mainland of Biloxi, this island is a
unique, as yet undeveloped resource with enormous potential for public
recreation, research and education. However, most of it is privately
owned and therefore would have to be purchased if it is to be devoted
to public use.

A master plan for the use of Deer Island has already been developed by
the Deer Island Study Committee - an ad hoc group formed by the City of
Biloxi to develop the plan. This comm-it-tee, having completed its job,
has dissolved. In its place, Friends of Deer Island has been formed as
a non-profit corporation dedicated to the preservation and purchase of
the island. The Nature Conservancy (another non-profit group organized
to purchase lands for conservation) is working with Friends of Deer Island
to purchase the island.

The preliminary Deer Island Management Plan will serve as the basis for an
area management plan to provide recreational and service facilities re-
quired by island visitors in a manner consistent with the coastal program.
The master plan divides the island into the five management zones shown
on Figure VI-3. These zones were established on the basis of management
objectives, the significance and type of resources within each area, and
recreational characteristics of each area. These zones are described
below:

1. Day Use Zone: This zone will be for visitor use and park operations.
It will have to be intensively managed, and possibly expanded through
beach replenishment.

2. Archeological Zone: Prehistoric Subzone: A very important
recreational resource, but one that has often been overlooked,
is the prehistoric settlement of Deer Island. This zone is
comprised of archeological features which underline more recent
human occupation structures. Management emphasis will be placed
on interpretation and preservation of these resources.

Historic Subzone: This subzone is comprised of historically
significant remnants of significant cultural resources. Management
emphasis will be placed on the interpretation of these sites
unless such action causes unacceptable degradation of the natural
resources or processes.

VI1-13

Archaeological Zone

Overnight Camper Use Zone
Research, Education, Preservation Zone

Boater Use Zone .

Source: Resource Management Plan for Deer Island Figure VI-3

DEER ISLAND USE ZONES
Bureau of Marine Resources

3. Overnight Use Zone: This zone will be managed for primitive
0 ~ ~~~~walk-in camping. A limited number of sites will be established
until acceptable visitor use levels can be reliably established.
Contained unit or backpacking stoves will be allowed.

4. Research, Education, Preservation Zone: All land and water
within this zone will be dedicated to scientific research and
educational programs; therefore, no management actions will be
allowed that might interfere with this use. This zone will be
considered as a possible estuarine sanctuary.

5. Boater Use Zone: This zone has traditionally been used by all
types of boaters and fishermen. Continued day use will be allowed
if the litter and fire problem can be resolved. Overnight camping
will be provided for on a reservation basis.

PRIORITIES OF USE

For major beach areas, the lowest priority of use is development that impedes
public access or preservation. Highest priority of use will be the exercise
of riparian rights commensurate with public access. Additional priorities
will be determined by area management plans.

MINOR ACCESS SITES

In order to improve public access to the beaches and coastal waters, BMR
has designated and prioritized a number of specific sites along the coast-
line for improvements, based on a study completed during program development
by Gulf Regional Planning Commission. Table VT-i provides a detailed list
of these sites and identifies the general nature of the improvements
recommended at each site. Sites in addition to those in Table VI-1 will be
evaluated and designated by the same method used for the existing sites as
described below.

SITE SELECTION PROCEDURE FOR MINOR ACCESS SITES

A public opinion survey was published in all local newspapers, and additional
forms were made available at marinas, sporting goods stores, and bait and
tackle shops throughout the coastal area. While not a technically rigorous
effort, the survey provided valuable information on user perceptions of
access problems, The response included:

1. Inadequate boat launching facilities, restrooms, public parks,
camping areas, picnic areas, fishing piers, parking, and in-
sufficient public land.

2. Lack of_~ bivl ahs, nature trails, freshwater swimming and
canoeing areas.

VI-15

TABLE VI-1

AREAS REQUIRING ACCESS IMPROVEMENT

c a D
E;; ~ $ a I 4,4'

. . u t ! ; *0 0 Ai �a

Area/Location e
Pearl River/Devil's Swamp
Logtown Rd. Landing 30 * * * *
Pearlrngton Landing 32 * *

Bayou Cadet Landng 36
Waveland/Bay St. Louis
American Legion Pier 39 * * *
Ladner Memoral Pie r 39 *
St. Louis Bay
Llue Meadow Landing 32 * * *
Bayou Portage Landing 37 * * *
Pass Christian/Wolf River
Rouses Bridge Landing 36 * * * *
Pass Christian/MS. Sound
Smallcraft Ha rbor 44 * *
B each (3 sites) 47
Fish ing P ier 37 * * *
Long BeachMS. SoLaund
Beach (3 sites) 46 *
Gulfport/Bayou Bernard
Gulfport Lake Landing 36 * *
James Hill Park 41 * * *
Gulfport/MS Sound
Small Craft Harbor 52 * * *
Courthouse Rd. Pier 43 * * * *
Gulfport Beach (3 sites) 53 *
Westside Fishing Pier 42 *

Biloxi/MS Sound
Biloxi Beach (2 sites) 54 * *
Kuhn Street Landing 39 * *
Oak St. Lan ding 39 * *
Internat'l Plaza Landing 41 * * *
Biloxi Fi shi ng Pi ers (4) 45 *
Main Street Overpass 31 *
Back Bay/Biloxi
Howard emi. Hosp. Landing 38 * * * *
Popp's Ferry Brid. Isl. 4S * * * *
Hiller Park 49 *
Big Lake Rd. Fishing Pier 36 * *
Back Bay/Biloxi Bay
Martin Bayou 36 * *
Crescent Shore Poat Ramp 38 * * *
Old Fort Bayou _ _
Old Fort Bayou (2 sites) 46 * * �
Ocean Springs/G11S
Inner Harbor Boat Ranp 40 * * *
Inner Harbor Park 49 * * * ,
Gulf Park Area
Sinmmons Bayou 38

Belle Fontaine
Pt. Aux Chenes Beach 36 * * *
Graveline Bayou Boat Rmp. 30 * * *
Gravel ine
Old Shell Landing 36 * * * * ,*
W. Pascagoula R. (2 sites)
Sioux 8ayou/W Pas. Riv. 32 * * *
Gautier *
Graveline Rd. Boat Rmps. 39 * * * *
Pascagoula River
Pascagoyla Kr Fish. Pier 40 * �
Krebs Boat Ramp 38 * * *

Escatawpa River
Escatawpa River North * *
Escatawpa River South 35 * * * *
Escatawpa R. Boat Ramp 30 * * *
Pascagoulas/Bayou Casotte
Anderson Point 556 * * _ *
Bayou Chico 29 * * * *

VI-16

+~~~~~~ +

~~~~~~~~~~~~~~~~~~~~~~~~~~~%N--- ---------

Figure VI-4
URBAN WATERFRONTS

Bureau of Marine Resources4

e ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~N
scale

3. Substandard access roads, inadequate signalization, and
traffic congestion.

4. Cost of commiercial facilities.

5. Lack of deep water channels and inadequate marking of existing
boat channel.

6. Shallow water at existing boat launching facilities.

7. Unsafe pedestrian access.

8. Inaccessibility of certain offshore islands.

The public opinion survey established a clear public expression of the need
for upgraded shorefront access. As the next step, site designation and
priorities were established. The criteria for selecting candidate sites
requiring upgraded physical access are shown below. All five requirements
must be met.

1. The site is not a designated sanctuary.

2. The area is public, or can be acquired fee simple or otherwise
for public use.
3. Current access is not adequate or appropriate as evidenced by
either a survey or similar instrument or by the use of a
is ~~~~standard formula relating population to usage.

4. The provision of a new or improved access is consistent with
federal, state and local plans.

5. Controls can be established to prevent increased usage from
damaging the area.
Once a site was designated as a candidate for access improvements, it was
rated on a ten point scale for each of the following criteria:

1. Extent of non-local use.

2. Intensity of.-use by local citizens.

3. Ecological/environmental value.

4. Value for recreation.

5. Aesthetic value.

6. 'Cultural value.

7. Proximity to population centers.

* ~~~The values of these seven criteria were summed up to determine the site's
priority rating.

VI-17

SECTION 4: URBAN WATERFRONTS

Urban waterfronts are designated as SMA's because they provide unique
economic and social benefits to the coast at locations that provide
important opportunities for public access to the waterfront. Even
though many urban waterfronts have lapsed into decline, they are still
near high density population centers and offer excellent access and econo-
mic opportunities to large numbers of people: They often include
historical points of interest and provide unique visual opportunities to
the public.

SPECIFIC SITES

Identified below and shown in Figure VI-4 are the eight areas designated
as urban waterfronts.

1. Waveland (at Coleman Avenue)

2. Bay St. Louis (Downtown commercial district)

3. Pass Christian (Harbor and scenic drive area from city hall
to Hancock Bank)

4. Long Beach (Beach commercial area at Jeff Davis and the beach
to encompass the harbor and adjacent beachfront land) i
5. Gulfport Harbor Square

6. Biloxi (Downtown redevelopment areas including commercial and
recreational smallcraft harbors)

7. Pascagoula (Along Front Street)

8. Moss Point (Downtown along old Highway 63 from O'Leary Lake to
the Moss Point city limits)

MANAGEMENT CONCERNS AND RESPONSES

There are five principal interests of the coastal program concerning
urban waterfronts: (i) assistance should be given to local governments
in the development and upgrading of these five areas; (ii) historic and/or
cultural resources in urban waterfront areas need to be preserved;
(iii) improved access to the waterfront in areas of high population con-
centration should be improved; (iv) the flood hazards associated with
urban waterfront development needs to be considered; and (v) the actions
of federal, state and local governments should be coordinated with the
private development efforts of private parties in urban waterfronts.

VI-18

Identified below are elements to be considered in area management plans
for urban waterfronts:

1. Establishment of water-oriented uses and activities.

2. Increased public access to the shorefront.

3. Increase the visual quality of the area and provide a safer
environment.---

4. Encourage appropriate land and water uses in the area.

5. Encourage the rehabilitttion and renovation of nld structures
within the waterfront as a means of preserving the coast's
heritage.

6. Encourage concentration of _urban develoDment in or adjacent
to the urban waterfront for the improved utilization of public
facilities and coastal resources, giving full consideration
to flooding and other natural hazards.

Redevelopment or rehabilitation of urban waterfronts often requires
clearance of substandard structures, the renovation of other structures,
and providing for increased traffic circulation and parking. Activities
of this nature are generally undertaken by local governments. The coastal
program will provide planning assistance to local governments for designated
urban waterfronts, and may provide some implementation assistance through
CEIP. Specific urban waterfront areas for which planning assistance will
be provided are to be identified annually. Implementation assistance will
be handled through the Mississippi CEIP Allocation Process.

PRIORITIES OF USE

The hi hest prority for use in urban waterfronts are those uses which
will provide additional access .to the water, will mr~store areas for their
historical significance, or will improve the arpa'q economy. Uses of
lowest priority are those which do not increase public access. Other
priorities will be based on specific area management plans.

VI-20

CHAPTER SEVEN
AFFIRMATIVE MANAGEMENT ACTIVITIES
Contents
Section 1: Energy Facility Planning Process
Section 2: Shoreline Erosion and Mitigation
Section 3: Other Management Activities

0~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~P

CHAPTER SEVEN: AFFIRMATIVE MANAGEMENT ACTIVITIES

SECTION 1: ENERGY FACILITY PLANNING PROCESS

Energy facilities are prominent on the coast because of good water access
and nearby outer continental shelf development. While Coastal locations
are economically attractive for energy facilities, they often can result
in adverse impacts on coastal waters. Not only can the energy facility
itself alter the environment, but induced development such as support
facilities, increased manpower and population, and added construction
all have significant effects on the environment. In addition, energy
facilities cause changes in socioeconomic patterns through new labor force
demands, alterations to local tax structure, and by dislocating indigenous
industries.

Energy facilities are important in the program from two perspectives.
From the first viewpoint, energy facilities usually create a range of environ-
mental impacts, including air emissions and water effluents, groundwater draw-
downs, alterations to the wetlands, and the degradation of natural scenic
qualities on the coast. These impacts are not unique to energy facilities;
they are the impacts associated with any major industrial development. Because
of this, energy facilities are not singled out in the program for special
regulatory attention. Instead, the impacts of energy facilities will be
managed as would be the impacts of other industrial activities, through the
use of the regulatory authorities described in Chapters III, V and VIII.0

From a second viewpoint, the coastal program is concerned about the national
interest in the development and siting of energy facilities. Accordingly,
the coastal program provides for the consideration of the national interest
through the policy coordination procedures in Chapter V, and provides assist-
ance to local governments to plan and build facilities required as a result
of energy developments. Chapter IX discusses national interest more thoroughly.

ENERGY FACILITIES LIKELY TO AFFECT THE COAST

Studies conducted during the development of the coastal program indicate that
new energy facility developments will be limited. In coming to this conclu-
sion, the development potential of the following types of energy facilities
was examined:

1. Electric power plants (fossil and nulcear)
2. Petroleum refineries and associated facilities
3. Gasification plants
4. Liquified natural gas (LNG) facilities
5. Uranium enrichment or nuclear fuel processing facilities
6. Offshore oil and gas facilities (including platforms, assembly
plants, storage depots, tank farms, crew and supply bases,and
refining complexes)

VII-2

7. Petroleum transfer facilities, including deepwater ports
8. Pipelines and transmission facilities
9. Associated terminals for all of the above
10. Onshore oil and gas wells

Of these facilities, the only ones likely to affect the coastal area in
the forseeable future are a LNG terminal, and offshore oil and gas support
facilities.

A site in Bayou Casotte is presently under active consideration for a
LNG facility. While a final decision on the site has not been made, this
potential energy facility raises a number of issues of concern to the
coastal program. Public agencies having jurisdiction over the proposed
facility have met with representatives of the company proposing the plant,
and are now awaiting more definitive information about the facility to
begin special planning efforts. Major impacts expected from this facility
include wetland alterations, heating water intake and discharge, and the
utilization of a large waterfront site. Also associated with this facility
will be the construction of a natural gas pipeline that will be crossing
several wetland areas.

Oil and gas support facilities will depend on the productivity of new
discoveries off the Mississippi Coast. The key factor affecting the
location of support facilities is proximity to offshore oil and gas
development sites. Offshore tracts near Mississippi have not attracted
much interest from the oil and gas industry; however, some remote sites
are active, and in some cases are more accessible from the Mississippi
Coast than from other OCS support areas.

The Pascagoula-Moss Point area, the East Biloxi Industrial Park, and the
Bayou Bernard Industrial Park are the coastal area's most attractive sites
for the OCS industry because of excellent water access. Supplementing the
fundamental requirement of access is the advantage of existing OCS-related
industries able to supply materials and equipment, and a trained labor force
in the area.

A number of industries supporting offshore drilling operations have located
in the Port Bienville Industrial Park in Hancock County. These industries
are supporting non-OCS offshore drilling in the nearby waters of Louisiana,
and there is a strong potential for growth at Port Bienville for this type
of industry.

Because of the locational advantages of the Mississippi Coast, the LNG
facility and the oil and gas support facilities described above are the
most likely to affect the area. Other energy facilities are less likely
to impact the coast for the reasons discussed in the following paragraphs.

New electric power plant sites are unlikely for the coast because of
existing and projected excess electrical generating capacity. With the
construction of the second of two new units at the Victor Daniels Power
Plant in Jackson County, the area's demand for electricity will be
Is ~satisfied for many years, even with the anticipated growth in population

VII-.3

and energy consumption. Also, the Victor Daniels site itself provides
space for additional capacity. Therefore, the likelihood of a new
electric power plant site on the coast is small.
The coast's only refinery, located in Pascagoula, imports 50% of its crude
oil from the Middle East, the remainder being domestic offshore crude.
If new oil is discovered in the coastal area, it will most likely supplant
the Middle East oil being refined. If capacity in excess of the refinery's
existing capacity is necessary, the site provides for plant expansion.
Therefore, additional refinery sites are not projected for the coast, nor
are any new petroleum transfer facilities expected. Earlier planning efforts
for a deepwater port off the Mississippi Coast have been discontinued.

Pipelines and associated facilities presently located in the coastal area
can adequately handle additional loads of crude oil. Company officials
for the major pipelines landing in Pascagoula indicated that the existing
234,000 barrel per day pipeline capacity will accommodate new OCS wells.
Along with natural gas pipelines landing in Hancock County this oil pipe-
line serves the declining production of the Gulf area. New discoveries
are expected to fill the gaps in existing capacity rather than to require
new major pipelines affecting the coastal area. The exception to this will
be the line to carry the gas from the proposed LNG facility in Jackson
County to the existing interstate gas distribution system in Hancock County.

Gasification plants, uranium enrichment facilities, and nuclear fuel pro-
cessing facilities are unlikely for the coast because raw materials are
not economically available.

As for onshore oil and gas wells, Hancock County has recently experienced
major developmental drilling in the Waveland Gas Field. However, this
development has tapered off, and to date has not had a direct and signi-
ficant impact on coastal waters.

METHODS FOR ANTICIPATING IMPACTS

Several mechanisms will be used to anticipate the impacts of potential
energy facilities, both for regulatory or planning purposes.

Well developed notification mechanisms are firmly established for regulatory
purposes. Since the burden of notifying public agencies will rest with an
energy facility proposing activity causing environmental impacts, there
is no need to establish a special mechanism to bring energy facilities
under the provisions of this program.

In its role as Mississippi's liaison with federal agencies and the public
for OCS development, BMR is in the position to receive timely information
from OCS lessees and operators concerning the development of any oil and
gas fields. With this information in hand, planning can then determine
the need for new facilities, and can assess suitable sites. Relevant
information will be forwarded to local and regional officials for the
benefit of their planning efforts. i

VII-4

Another source of information about potential energy facilities is the
energy companies themselves. Companies proposing major energy facility
is ~developments typically contact state agencies on an informal basis early
in their planning efforts. This kind of relationship enables public and
private concerns to plan concurrently for energy facility impacts.

To keep abreast of new energy developments that would not otherwise come
to the attention of BMR, statewide energy agencies will be consulted on
a regular basis.

ASSESSING SITE SUITABILITY AND RESULTING IMPACTS

The regulatory authorities of several existing state agencies will be
utilized to assess the suitability of potential sites for energy facilities.
Each of several agencies (described below) is responsible for assessing a
particular aspect of site suitability through its regulatory procedures.
For example, the Bureau of Pollution Control is responsible for assessing
the impacts of site development on water and air quality. Similarly, the
Bureau of Marine Resources is responsible for site assessment with respect
to the state's policies on marine resources management.

Each agency is required to carry out its primary responsiblities in com-
pliance with the coastal program. This is insured through the policy coor-
dination procedures of the program, described in Chapter V. Through policy
coordination, the individual regulatory functions of separate state agencies
are tied together into a comprehensive network for assessing the suitability
of a site for energy development.

Detailed discussions of the authorities related to the development of energy
facilities are to be found in Chapter III, Chapter V, and in Chapter VIII.
These authorities are summarized below.

Water and Air Pollution

The Bureau of Pollution Control administers air and water quality
in Mississippi. Standards for both air and water quality are enforced
through a permitting system. Under Sections 49-17-28 and 49-17-29 of
the Mississippi Code (see Appendix D), any energy facility seeking to
discharge wastes or pollutants into the waters of the state, or to dis-
charge emissions into the air, must secure a permit to conduct such
activities.

Alterations to the Wetlands

BMR administers the state's policy of wetlands preservation. Energy facili-
ties proposing to alter wetlands must either obtain a permit, or as excluded
activities must comply with the public policy and the procedures discussed
in Chapter III.

VII-5

Development of Waterfront Industrial Sites

The coastal legislation defines the erection of structures on suitable0
sites for water dependent industry as a regulated activity under the
Wetlands Law. Any energy facility utilizing a designated site for water
dependent industry must follow the procedures described in Chapter III
and formalized in Chapter VIII to insure that the use of the site con-
forms to guidelines on the conservation of waterfront sites.

Utilization of Surface or Groundwaters

Any energy facility proposing to divert surface waters anywhere in the
coastal area or to utilize groundwaters in designated capacity use areas
must first obtain a permit through the Bureau of Land and Water Resources.
This Bureau's responsibility for water resources is to insure that they
are put to beneficial use to the fullest extent of which they are capable
and that the waste, unreasonable use, or unreasonable method of use of
water is prevented. This authority is particularly important for energy
facilities because they are often major consumers of water for industrial
processes.

While the regulatory authority for capacity use areas exists in statute,
it has not yet been implemented in the coastal area, since no capacity
use areas have been designated.

Disturbances to Historical Landmarks i

The Department of Archives and History administers the State Antiquities
Law which provides that "all sites, objects, buildings, artifacts, im-
plements and locations of historical , archeological, scientific or
educational interest.,..may not be taken, altered, damaged, destroyed,
salvaged or excavated without a contract or permit... "(Section 39-7-11,
Mississippi Code). On publicly owned sites, and in cases where private
landowners have delegated the management of their sites to the state, the
department has direct permit control over the siting of a facility to the
extent that the facility will affect a designated archeological site. In
other cases, the department can manage historical resources through the
policy coordination procedures in Chapter V.

OTHER REGULATION OF ENERGY FACILITIES

In addition to the management of energy facility impacts, certain aspects
of energy development are managed directly. The Bureau of Geology and
Energy Resources manages the mineral resources on all state owned lands.
Any oil and gas drilling on state owned waterbottoms must be conducted
under a lease from the Commission on Natural Resources.

The Mississippi Oil and Gas Board regulates by permit the exploration,
production and transfer of oil and gas. The board regulates the many i

VII-6

technical aspects of oil and gas production. Like all state agencies,
the Oil and Gas Board is bound by the coastal program; however, Missis-
sippi law vests the board with exclusive authority for permitting oil
and gas operations.

PUBLIC INVOLVEMENT

Public involvement in the decisions of the regulatory agencies described
above is provided for and is an integral part of regulatory procedures.
Each regulatory procedure incorporated into the program has public notice
and hearing requirements built into the decision-making process either
through specific enabling legislation or through the Mississippi Administra-
tive Procedures Law (Mississippi Code Section 25-43-1 through 25-43-19).

PLANNING FOR ENERGY FACILITIES AND CEIP ASSISTANCE TO LOCAL GOVERNMENTS

While it is state policy to protect the environment from the adverse
impacts of developments such as energy facilities, it is also in the best
interest of the state to develop its mineral resources in an orderly
fashion. To this end, the coastal program provides for affirmative efforts
by the state and local governments to plan for energy facility development,
and to mitigate any adverse impacts.

The Coastal Energy Impact Program (CEIP) figures prominently in the state's
efforts to plan for energy facilities. Administered by BMR in Mississippi,
CEIP recognizes that the primary impacts of energy facilities are felt at
the local level, and that local governments are in the best position to
handle these impacts. Accordingly, the majority of CEIP funds are
available to local governments.

In addition to the expenditure of CEIP funds, the coastal program has
designated certain industrial areas of the coast as special management areas.
Because of the avail-ability of utilities and transportation, new onshore
energy facilities are likely to locate in these designated areas. In con-
junction with local governments, the program will plan for the environmentally
sound development of these areas, and will explicitly plan for accommodating
the expansion of energy related activities as part of the coast's overall
industrial development.

SECTION 2: SHORELINE EROSION AND MITIGATION

The length of Mississippi's tidal shoreline is estimated to be 369 miles.
This includes the shorelines of the barrier islands, the mainland coast,
bays, rivers and creeks to the head of tidewater or to a point where tidal
waters narrow to a width of 100 feet. South of the coastal area's mainland
is a chain of barrier islands forming the seaward boundary of the Mississippi
Sound. These islands are separated by wide, shallow passes, and are character-
ized by the typical barrier island cross section showing beaches, dunes, woods,
and marshes.

VII-7

In the early periods of the coast's development, natural processes
formed this configuration of the shore. At that time, man's impact
upon the shoreline was minimal, usually confined to the vicinity of i
harbors. As transportation improved and basic industry changed, more
people settled in coastal areas. As shoreline areas developed, it
became necessary to protect them from erosion. Clearly, the problem
of erosion is a problem of man encroaching on natural processes.

EXISTING EROSION PROJECTS

To protect U. S. Highway 90 along the shoreline in Harrison County, a
step-type seawall was constructed in 1925-1928 from Henderson Point to
Biloxi Bay. Because of structures such as factories, harbors, hotels
and restaurants located at the shoreline, the seawall is discontinuous
in several places. The seawall acted to accelerate the erosion of the
small beaches that remained after seawall construction by curtailing the
land derived source of beach material.

The seawall and roadbed were dangerously undermined during the 1947
hurricane. To prevent this from reoccurring, a beach was created along
the seawall in 1951-1953. The artificial beach has been nourished twice
since that time.

In Hancock County a step-type seawall extends from near the mouth of the
Jourdan River to the Bay-Waveland Yacht Club and from the head of Ulman
Avenue in Bay St. Louis to Bayou Caddy. The construction of a beach
adjacent to the seawall has met with little success; only remnants are0
left in most areas.

With the exception of portions of Ocean Springs and Pascagoula, there
are no seawalls in Jackson County. In Ocean Springs an artificial beach
has been constructed and refurbished on several occasions. The last
refurbishment of the beach utilized sand from an upland site because a
source of suitable sand was not available nearby. A small beach contained
by concrete groins has been constructed near the east end of the seawall
in Pascagoula. Erosion near the mouth of the Pascagoula River has occurred
due to the amplification of the littoral currents by the seawall.

BEACH EROSION FORCES

The Mississippi Coast is considered a "terraced deltaic plain". The
absence of extensive natural beaches along the mainland attests to the
relatively low wave energy regime. But in spite of this, erosion is an
ever-present problem. Beach erosion is caused by a number of forces
working either independently or in conjunction: waves, storms, and wind.

Waves generated by winds blowing over the water cause most of the damage
to coasts. Wave size depends upon the fetch, or the distance the wind
blows over the sea in generating waves. Generally, the longer the fetch,
the stronger the wind; and the longer the wind blows, the larger the waves. i

V11-8

As a wave moves shoreward, it begins to "feel" the bottom and may pile
up and break up before reaching the shore. When the waves breaks,
turbulence stirs up bottom sediments, which are then subject to
littoral transport. Short steep waves tend to tear the beach down and
long swells tend to rebuild the beaches.

Hurricanes or severe storms moving over the ocean near the shore may
greatly change beaches. Associated storm surges raise the water level
and expose to wave attack higher parts of the beach not ordinarily
vulnerable. Storms also generate large, steep waves that carry major
quantities of sand from the beach to the nearshore bottom.

Wakes of boats and ships have the same effect on the shoreline as storm-
generated waves. If a vessel passes so close to shore that dissipative
forces have insufficient time to reduce the wave energy, the wake attacks
the shoreline just as steep wind waves.

Wind also plays an important role in beach erosion. The southeast winds
prevalent in the warmer months blow sand from the beaches to the adjacent
roadways where it is periodically collected and trucked away. The north
winds during the winter months find very little sand remaining to return
to the beach, and since wind strength is reduced by landward structures
and vegetation, the beach does not replenish itself from the shore.

Sand once was available to the shores from streams, rivers, and coastal
erosion. However, because of development in watershed areas and along
previously eroding shores, large areas of our coast now receive little or
no sand through natural geological processes.

WATERFRONT EROSION AND ACCRETION AREAS

Waterfront erosion and accretion areas are shown in Figure VII-1. The
numbered description's below are keyed to the erosion areas identified
in Figure VII-1.

1. The stretch of shoreline from Bay St. Louis to Bayou Caddy
bordering Mississippi Sound has primarily low elevations
inland. A long fetch to the southeast permits sizable wind
waves to attack the shoreline. Littoral transport appears
to be predominantly to the west. The artificially-constructed
beach has proven to be of short duration because storm tides
permit wave action far up on the berm of the beach. Some wind
erosion is noticeable, but it is not excessive.

2. The west shoreline of St. Louis Bay is attacked by wind traveling
to the southwest and northwest - the dominant directions for
this area.

3. The north and northwest shores of St. Louis Bay are eroding under
wave attack.

VII-9

4. The Henderson Point area near Pass Christian exhibits a sea-
sonal reversal in littoral drift.

5. The east side of Gulfport Small Craft Harbor is an extensive
area of accretion. The presence of the harbor structure in-
terrupts the natural westward drift of sand. Eventually, the
beach will extend to the southern end of the small craft harbor
where it will become a problem for channel maintenance.

6. The Broadwater Marina also is an area of accretion because it
constitutes a barrier to the westward transport of beach sands.

7. Both sides of Deer Island are eroding. While there are no
reliable figures on the amount or, rate of erosion, inspection
shows it to be considerable. Stormy weather has caused the
erosion of the west tip of the island; at times the tip is
washed over.

8-11. The northeast shore of Biloxi Bay is eroded by wind and waves
during normal high tides or storn-induced tides. Transport along
Area 10, Ocean Springs, artificially constructed beach, is both
offshore and westward. The low beach profile is inadequate to
withstand wave attack during times of elevated water levels.

12. Bellfontaine Beach is being eroded by a combination of wind,
waves, and the loss of natural source of materials for beach
nourishment. Parts of this area have been developed.

13. The Greenwood Island area of Bayou Casotte bears the brunt of
waves generated over a long fetch from the southeast through
Petit Bois Pass. This area is under consideration for changes
through port development.

14. Part of the abandoned ancient Escatawpa Delta is coming under
increasing erosive action by waves as the remnants of the once
protective Grand Batture chain of islands disappears.

15. The once extensive Grand Batture island chain has almost dis-
appeared. The creation of Petit Bois Pass by hurricanes has
permitted the attack by waves with an extensive fetch. The
landward source of refurbishment materials disappeared long ago.

16. Round Island is subject to attack by waves from the east, south-
east, south and southwest. The shores are extensively eroded,
and the landmark lighthouse is in danger of succumbing to the
sea.

17-20. Petit Bois, Horn, Ship and Cat Islands are frequently buffeted
by storm-generated waves on both the seaward and mainland sides.
Because of the predominant winds from the eastern sector, the
net transport is westward. Hurricanes and severe storms erode
the berm and dunes; Hurricane Camille severed Ship Island,
creating what is locally known as Camille Cut.

VIT-lo

15~~~~~1

~~~~~~~-~ --------__-------

- - - - - - - - - - - - --

~~~~~~~~~~~~~~~~~~~~~~~~igu r VI~I-I
~~~~~~~~~~~~~~~~~~~WAEFOTEOIO AN ACRTO RA
/~~~~~~~~~~~~~Bra fMrn eore

U - It~cal

INFORMATION NEEDS FOR SHORELINE EROSION MANAGEMENT

Accurate, long range assessment of shoreline erosion needs to be based on
specific research. Subjects needing research are: (i) wave refraction
diagrams, (ii) long term changes in the shoreline, (iii) wind transport,
(iv) littoral transport rates, (v) wave spectra, (vi) source materials
for beach nourishment, and (vii) erosion by boat wakes.

Research into these areas will be conducted during the implementation of
the coastal program and in conjunction with ongoing marine research efforts.

ENFORCEABLE POLICIES AND OTHER MANAGEMENT TECHNIQUES

Policies for shoreline erosion will be enforced through wetlands permitting
described in Chapter III. The guidelines are designed to reduce the
erosive effects of shorefront structures. They will be enforced as de-
scribed in Chapter VIII. Examples of structures and activities that
the wetland guidelines in Chapter VIII control are marinas, bulkheads
and seawalls and channels.

Support for erosion control projects will come primarily from the Corps
of Engineers and from local governments. Relative to the Corps' parti-
cipation, support for erosion control will be directly provided through
projects such as beach replenishment, and indirectly through dredged
material disposal techniques that have the effect of erosion control
by replenishing eroding shorelines. Such material disposal techniques
will be specifically considered as options in long-term planning for
dredged material disposal to be done during program implementation.
(See the section on industrial and port areas in Chapter VI for a dis-
cussion of the relationship between dredged material disposal plans and
area management plans.)

Funds under 306 of the CZMA will be considered for use in planning erosion
control efforts. It is anticipated that these funds will be used to
restore and Enft ie those beaches in the area that have been subject to
severe wind erosion. Such projects will be carried out with local
governments playing a lead role.

Other sources of potential funding for shoreline erosion mitigation include:
Farmers Home Administration, Soil Conservation Service, Department of Housing
and Urban Development, Heritage Conservation and Recreation Service,
Federal Highway Administration, State of Mississippi, Regional Waterway Dis-
tricts and various institutions such as the Nature Conservancy.

SECTION 3: OTHER MANAGEMENT ACTIVITIES

* ~~PUBLIC FACILITIES ASSISTANCE

Public facilities such as sewer, water, and drainage systems present the

VII-12

SECTION 2, PART IV.E.

E. The coastal wetlands use plan is divided into use districts. These
districts and the allowable uses within each district are described
below.

1. "I" Districts: '?Iidustrial Development

a. Areas so designated may be used for activities associated
with water dependent industrial development.

b. 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 dischargce
structures, other similar structures necessary to water
dependent industrial development, dredging necessary to
carry out the construction of these facilities, and filling
necessary for water dependent industrial development. Uses
allowed in "C" and "G" districts are also allowable.

2. "C" Districts: Commercial Fishing and Recreational Marinas

a. These areas are designated to accomrmodate developments
necessary to support commercial fishing or recreational
marinas and associated activities.

b. Allowable uses or activities are commercial fishing and
recreational marinas, shorefront 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
and recreational marina use and dredging and filling
necessary to accommodate these uses. Activities allowed
in "G" districts are also allowable.

3. "G" Districts: General U�e

a. These are wetland 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.

b. Allowable uses or activities are the construction of
piers, docks, bulkheads for non-commercial purposes;
other similar structures, submarine cables and pipelines:
launching ramps; oyster farming, transportation
facilities developed under a plan reviewed and found
to be consistent under the policy coordination pro-
cedures in Section 4; overhead transmission lines;
beach nourishment activities; reasonable dredging

4. A public hearing may be held on the study to receive comments
from interested parties.

5. A final preservation or restoration proposal will be adopted
and implemented through the program.

In cases where preservation or restoration involves property acquisition,
the management of the property may be delegated to an appropriate state
agency. Where the preservation or restoration area is in the coastal
wetlands, the use plan in Chapter VIII will be modified accordingly. The
plan already includes preservation designations to keep large areas of
coastal wetlands in their natural state. Estuarine sanctuary designations
under CZMA will be considered for designated preservation areas.

ONE-STOP PERMITTING

The 1979 coastal program legislation mandated that one-stop permitting
be developed to coordinate the processing and issuing of permits, licenses
and other such instruments in the coastal area. Currently, a joint permit
application form is used by the state and federal agencies regulating
wetlands in Mississippi. The application was developed in March of 1979
by the Mississippi Marine Resources Council (now BMR), the Mississippi Air
and Water Pollution Control Commission (now the Bureau of Pollution Control),
and the U. S. Army Corps of Engineers. The use of this form is continuing
though the form has changed to reflect the July 1, 1979, reorganization of
the agencies involved.

The use of the joint permit form is one step toward one-stop permitting.
Another step is the policy coordination procedures described in Chapter
V. The notification and review procedures promote the simultaneous review
of activities in the coastal area by several permitting agencies. The
policy coordination procedures provide the framework for the next step
in one-stop permitting - simultaneous decisions.

Because of the widely varying requirements among different permitting
procedures in the coastal area, one-stop permitting cannot be instituted
immediately. During program implementation, legal analyses, interagency
agreements, and new legislation will be developed to implement one-stop
permitting.

PRESERVATION OF NATURAL SCENIC QUALITIES

Section 57-15-6 of the Mississippi Code states that one of the goals
of the coastal program is "to encourage the preservation of natural
scenic qualities in the coastal area". To carry out this mandate, the
program includes_ scenc guidelines in Chapter VIII. These guidelines
must be considered by state agencies, and with the approval of the
coastal program under the Coastal Zone Management Act, must be con-
sidered by federal agencies as well. Private parties are encouraged,
but not required, to consider these guidelines.

VII-14

In planning for the development of special management areas, as described
in Chapter VI, these scenic guidelines will be considered. It is expected
that they will be particularly relevant for planning in urban waterfronts.
To encourage the preservation of natural scenic qualities, BMR shall make
technical assistance available to public bodies in Mississippi.

PUBLIC INFORMATION AND EDUCATION EFFORTS

Public knowledge of coastal resources is critical to sound management
in the coastal area. There is a need in Mississippi's coastal area for
a higher public awareness of coastal ecology, as well as the need for a
better understanding of regulatory, statutory, and common law constraints
on activities in the coastal area.

BMR will consider the following types of public information and education
efforts for support through the Mississippi Coastal Program.

1. Educational programs through local school systems in
conjunction with science curricula.

2. Publication of informational brochures to describe coastal
resources and their management.-

3. Distribution of information to realtors, surveyors, lawyers,
title-insurance companies, and developers to describe relevant
laws, regulatory provisions, and technical data. Since these0
professions and businesses frequently deal with development
at the waters edge, better information will allow them to
serve the public in a more informed manner at the earliest
stages of property acquisition and development proposals.
4. Distribution of frequent news releases to keep the public
informed of new developments concerning coastal resources.

5. The publication of a periodic newsletter.

6. Making BMR personnel available to make formal presentations
to organizations about coastal resource management.

7. Up to date mapping of natural resources of significance so
that the public and governmental agencies can know where
these resources are located, dnd coordinate their activities.
Resources which should be mapped are: tidal and non-tidal
wetlands, bottomland hardwoods, 100 year and 500 year floodplains
(both coastal and riverine) and high hazard areas, beaches
and dunes, natural and man-made islands, notable flora and
fauna habitats, and outstanding coastal river segments.

VII-15

CHAPTER EIGHT
RULES, REGULATIONS, GUIDELINES AND PROCEDURES

Contents
Section 1: General
Section 2: Wetlands Management

Section 3: Fisheries
Section 4: Policy Coordination
Section 5: Special .naigeme-pt Areas
Section 6: Scenic Guidelines

Section 7: National Interest

VII- _ _

VIII-1

CHAPTER EIGHT: RULES, REGULATIONS, GUIDELINES AND PROCEDURES

SECTION 1: GENERAL i

PART I. INTRODUCTION

A. PURPOSE AND ORGANIZATION

1. The purpose of these rules, regulations, guidelines, and
procedures is to provide the administrative mechanism to carry
out state policy in the coastal area in a coordinated manner,
as stated in Section 57-15-6(1), Mississippi Code of 1972, and
to carry out related statutes. Collectively, these rules,
regulations, guidelines, and procedures describe how the
Mississippi Commission on Wildlife Conservation, acting through
the Bureau of Marine Resources, will carry out its powers and
duties in the coastal area.

2. These rules, regulations, guidelines, and procedures are
divided into sections, designated by arabic numerals. Each
section is divided into Parts designated by Roman numerals,
which in turn are subdivided into upper case letters, then
arabic numerals, then lower case letters, then lower case
Roman numerals. Where sections are cross referenced, it shall
be assumed that the provision is part of the same superior
subdivision as the provision in which the reference is made,
unless otherwise indicated. 4
3. Statutory cites refer to the Mississippi Code of 1972 and its
cumulative supplements.

B. ORGANIZATION AND OPERATION OF THE BUREAU OF MARINE RESOURCES

1. The Bureau of Marine Resources (BMR) is a subdivision of the
Mississippi Department of Wildlife Conservation (DWC), which
is governed by the Mississippi Commission on Wildlife Con-
servation. Insofar as is practicable under the provisions of
Chapter 4, Title 49, Mississippi Code of 1972, MCWC shall
function through BMR.

2. The Director and administrative office of BMR are located in
Long Beach, Mississippi on the Gulf Park Campus of the
University of Southern Mississippi.

3. This set of rules, regulations, guidelines, and procedures
describes the general-course and method of operation for
MCWC and BMR. From time to time, informational material
may be published to illustrate and explain these rules,
regulations, guidelines, and procedures.

VIII-2

SECTION 1, PART I.B.

4. Persons desiring notice of pending applications under these
rules, regulations, guidelines, and procedures may notify
BMR of their name and mailing address. BMR shall cause a
copy of the weekly log of activities affecting the coastal
area to be provided to such persons. The weekly log is
described in Section 4. Persons desiring to be heard with
respect to specific applications may do so through the
several public hearing provisions in these rules,
regulations, guidelines and procedures.

5. All rules and other written statements of policy or interpreta-
tions formulated, adopted, or used by MCWC and BMR in the dis-
charge of its official duties, and all final orders, decisions
and opinions shall be available for public inspection and
copying at cost.

PART II: PROMULGATION AUTHORITY

A. WETLANDS MANAGEMENT

The rules, regulations, guidelines and procedures for wetlands manage-
ment in Section 2 are promulgated under the authority of Mississippi
Code Sections 49-27-59 and 49-4-9(b), with reference to Section
57-15-6(1), which mandates among other things that guidelines and pro-
cedures be established to insure the efficient utilization of water-
front industrial sites.

B. FISHERIES MANAGEMENT

The rules and regulations for fisheries management in Section 3
are promulgated pursuant to Mississippi Code Section 49-15-1 through
Sections 49-15-69, under the specific authority of Section 49-15-15(3)(k).
(Note: Section 3 is reserved for the future codification of fisheries
management ordinances.)

C. POLICY COORDINATION

The policy coordination procedures in Section 4 are promulgated under
the authority of Mississippi Code Section 57-15-6(f).

D. SPECIAL MANAGEMENT AREAS

Guidelines for special management areas in Section 5 are promulgated
under the authority of Mississippi Code Section 57-15-6(1), pursuant
to the coastal program goals in 57-15-6(l)(a) through (f), and pur-
suant to the mandate in 57-15-6(5) to prepare a long-term plan for
the development of suitable sites for water dependent industry.

E. SCENIC PRESERVATION

Scenic preservation guidelines in Section 6 are promulgated under
the authority of Mississippi Code Section 57-15-6(l)(d).

VIII-3

SECTION 1, PART III.

F. NATIONAL INTEREST

National interest guidelines in Section 7 are promulgated under
the authority of Mississippi Code Section 57-15-6(l)(c).
PART III: DEFINITIONS

A. MCWC: The Mississippi Commission on Wildlife Conservation.

B. BMR: The Mississippi Bureau of Marine Resources, an administrative
subdivision of the Department of Wildlife Conservation.
C. Coastal area: Hancock, Harrison, and Jackson Counties.

D. Coastal Program: The consolidated statement of state policy in
the coastal area, as prescribed by Mississippi Code Section 57-15-6,
including all descriptive materials, maps, figures, and the like.

E. Coastal Wetlands: All publicly owned lands subject to the ebb and
flow of the tide; which are below the watermark of ordinary high
tide; all publicly owned accretions above the watermark of ordinary
high tide. The term coastal wetlands shall be interpreted to include
the flora and fauna on the wetlands and in the wetlands; however, it
shall not be interpreted to include private property which is above
the watermark of ordinary high tide.

F. Coastal Wetlands Protection Law or Wetlands Law: Mississippi Code
Sections 49-27-1 through 49-27-69.

G. Tidal marsh: Areas of vegetated lands from the watermark of ordinary
high tide seaward to a point where the vegetation ceases to exist.

H. Waterbottonms: Coastal wetlands from the seaward limit of tidal marsh
to the limit of the territorial sea, exclusive of spoil islands and
other accretions above ordinary high tide.

I. Dredging: The removal or displacement by any means of spoil, sand,
gravel, shells or other material, whether of intrinsic value or not,
from coastal wetlands.

J. Filling: The displacement of waters by disposition into coastal
wetlands of soil, sand, gravel, shells, or other material. Also,
the artificial alteration of water levels or water currents by
physical structures, drainage ditches or otherwise.

K. Regulated Activities: Dredging, excavating or removing of soil,
mud, sand, gravel, flora, fauna, or aggregate of any kind from
any coastal wetlands; the dumping, filling or depositing of any
soil, stones, sand, gravel, mud, aggregate of any kind or garbage,
either directly or indirectly, on or in any coastal wetlands; kill-
ing or materially damaging any flora or fauna on or in any coastal
wetlands; and the erection on coastal wetlands of structures which
materially affect the ebb and flow of the tide; and the erection of

VIII -4

SECTION 1, PART III.K (Cont'd)

any structure on suitable sites for water dependent industry. The
use of the term "indirectly" in this definition covers the possibility
of activities located outside of coastal wetlands which cause dumping,
filling, or depositing in coastal wetlands.

L. Suitable Sites for Water Dependent Industry:

1. Hancock County

a. Spoil sites three and four, Port Bienville
Industrial Park;

b. Lots 1, 6, 7, 8 in Port Bienville Industrial Park;
and

c. Public area at turning basin and Road C-l, Port
Bienville Industrial Park.

2. Harrison County

a. Lots 2, 3, 9, 10, 11, 12, 13, and the diked spoil disposal
areas on both the west and east sides of the ship service
channel in the Pass Christian Industrial Park;

b. Harrison County Development Commission Spoil Disposal
Area A-2, and the adjacent 11.6 acre Parcel 1, Lots
2, 5, 8, 9, 10, 11, 12, 13, 14; Spoil Area C, and
Spoil Area C-l, all in the Bernard Bayou Industrial
District.

3. Jackson County

a. Land owned by Jackson County fronting on the Bayou
Casotte channel;

b. Privately owned lands fronting on Bayou Casotte and
within 1,000 feet of the centerline of the Bayou
Casotte channel, excluding production sites occupied
by industrial or manufacturing activities on October
1, 1980.

c. Land owned by Jackson County fronting on the East
Pascagoula River or the Escatawpa River downstream
of Kreole (as indicated by the U. S. Army Corps of
Engineers navigation project map); and

d. Privately owned lands, zoned for industrial use,
fronting on the East Pascagoula or the Escatawpa
River and within 1,000 feet of the centerline
of the channel downstream of Kreole excluding pro-
duction sites occupied by industrial or manufacturing
activities as of October 1, 1980.

VIII-5

SECTION 1, PART III.

M. SMA: A special management area designated under Section 5.

N. Coastal Program Agencies: The Bureau of Marine Resources, the
Bureau of Pollution Control, the Bureau of Land and Water Resources,
and the Department of Archives and History. These agencies have
administrative responsibilities for implementing the goals of the
coastal program.

0. Major Coastal Rivers and Streams: The Pearl River, Wolf River,
Little Biloxi River, Red Creek, Black Creek, Pascagoula River,
Escatawpa River, and Big Biloxi River.

P. Person: Any natural person, partnership, joint stock company,
corporation, unincorporated association or society, or the state
and any agency thereof, or any county, municipality, or political
subdivision, or any other corporation or any character whatsoever.

Q.Director: The Director of the Bureau of Marine Resources.

R. Feasible: Capable of being done, considering technological, safety
and financial constraints.

S. Repair and maintenance: Restoring or preserving facilities or
structures to their original condition.

T. Water dependent industry: Those commercial, industrial, or manufactur-
ing activities which, for purposes basic to their existence, must occur
or locate on or adjacent to the estuaries, sounds, channels, shores or
marshlands of the coast.

U. Coastal Program Advisory Committee: That group appointed by and
serving at the pleasure of the Governor of Mississippi to partici-
pate in the implementation of the coastal program, and to perform
other advisory functions, as determined by the Governor.

PART IV: REVISIONS

A. REVISIONS AT THE INITIATIVE OF MCWC

1. Any revision shall be preceded by a notice of a public
hearing in a newspaper having general circulation throuqh-
out the affected area at least three times for three
consecutive weeks. The first notice shall appear at least
thirty days prior to the hearing date. -Notice shall also
be provided through the policy coordination procedure in
Section 4. Copies of the proposed revision shall be made
available at the office of BMR when the public hearing
notice is first published.

2. Where the proposed revision concerns the regulated activity
in Mississippi Code Section 49-27-5(c)(v), BMR shall serve

VIII1-6

SECTION 1, PART IV.A.2. (Cont'd)

a copy of the proposed revision upon the board of supervisors
and port authority, development commission, or port and harbor
commuission in Hancock, Harrison, and Jackson Counties at least
60 days prior to the public hearing.

3. Following the public hearing, the Mississippi Commission on
Wildlife Conservation shall consider the proposed revision
in light of the public hearing comments, and may make changes
as it deems appropriate.

4. Before becoming effective, any revision shall be published
at least once a week for three consecutive weeks in a
newspaper having general circulation throughout the State
of Mississippi and shall be filed with the Secretary of
State at least thirty days prior to its effective date.

5. The Mississippi Commission on Wildlife Conservation may make
revisions to these rules, regulations, guidelines and pro-
cedures (including the coastal wetlands use plan) irrespective
of the federal government's approval under the Coastal Zone
Management Act of 1972, as amended. However, federal approval
of revisions is desirable so that the revisions may be enforced
through the federal consistency provisions of Section 307 of the
Act, and so that financial assistance may be secured to imple-
ment the revisions.
B. REVISIONS AT INITIATIVE OF OTHER PARTIES

Parties other than the Mississippi Commission on Wildlife Conservation
desiring to revise or contest the making of any rule, regulation,
guideline, or procedures shall observe the following procedures:

1. Proposed revisions or contests shall be filed in writing with
BMR along with any explanatory material deemed appropriate by
the party requesting the change.

2. BMR shall evaluate the proposed revision and shall report its
findings to the Mississippi Commission on Wildlife Conservation.

3. The Mississippi Commission on Wildlife Conservation shall determine
whether the proposed revisions, or some variation thereof, have
merit. It may then institute the procedure for revisions under
Part IV. If the Mississippi Commission on Wildlife Conservation
declines to implement a requested change, the party requesting
the change shall be notified of the Mississippi Commission on
Wildlife Conservation's decision and the reasons thereof.

C. CORRECTIONS

0 ~~~~MCWC may issue corrections to these rules, regulations, guidelines,
and procedures without public hearing by carrying out the requirements

VIII-7

SECTION 1, PART IV.C. (Cont'd)

of Part iV. A.4. above. Corrections shall be limited to obvious
compilation errors, errors in cross references, and changes in
nomenclature.

SECTION 2: WETLANDS MANAGEMENT

PART I: GENERAL

A. APPLICABILITY

This section applies to activities affecting coastal wetlands, and
construction on suitable sites for water dependent industry. It is
designed to carry out Mississippi Code Section 49-27-3 and
Section 57-15-6(l)(a).

1. Mississippi Code Section 49-27-3 reads as follows:

It is declared to be the public policy of this state to favor
the preservation of the natural state of the coastal wetlands and
their ecosystems and to prevent the despoliation and destruction
of them, except where a specific alteration of specific coastal
wetlands would serve a higher public interest in compliance with
the public purposes of the public trust in which coastal wetlands
are held.

2. Mississippi Code Section 47-15-6(l)(a) reads as follows:

To provide for reasonable industrial expansion in the coastal area
and to insure the efficient utilization of waterfront industrial
sites so that suitable sites are conserved for water dependent
industry.

B. PERMITS REQUIRED

A regulated activity shall not be conducted without a permit unless
excluded by Mississippi Code Section 49-27-7 or 49-27-9. These ex-
clusions are described in Part II. Even though these exclusions do
not require permits under the Wetlands Law, they are required by the
Wetlands Law to comply with the public policy of wetlands protection
in Mississippi Code Section 49-27-3. Further, all exclusions shall
notify BMR in accordance with Part II.C.

C. APPLICATION PROCEDURE

1. Unless excluded in Part I.B., every person proposing to conduct
or causing to be conducted a regulated activity shall make appli-
cation for and secure a permit. Every person granted a permit to
conduct regulated activities must be in strict conformance with
the conditions of any permit that may be granted by MCWC.

VIII-8

SECTION 2, PART I.C.

2. Permit applications shall be submitted to BMR on prescribed forms.
One copy of the application shall be submitted along with an
application fee of $10.00 plus the cost of publication, payable to
MCWC.

3. An application for presently non-existing work shall include:

a. The name and address of the applicant;

b. The names and addresses of the present owners of record of
adjacent land as determined by current tax assessment rolls,
and of known claimants of riparian or water rights in or
immediately adjacent to the coastal wetlands, or a certifi-
cate that after diligent search and inquiry the said names and
addresses could not be found;

c. A detailed description of the proposed activity and a map,
drawn to an appropriate and uniform scale showing by section,
township and range or by latitudinal longitudinal coordinates,
the location and area of the coastal wetlands to be affected;
the boundaries and ownership of adjacent uplands indicating
the location and area of existing and proposed fill, excava-
tion or other regulated activities; showing the location and
size of any proposed channel and dredged material disposal
site; showing all existing and proposed structures including
those on adjacent uplands; describing the type of equipment
to be used and the means of equipment access to the activity
site; and, in the case of construction on suitable sites for
water dependent industry, showing the location of the proposed
structure relative to the waterfront and information related
to the permit criteria in Part I.E.3.

d. An estimate of the cost of the activity;

e. The primary purposes of the project, including contemplated
future projects; the intended effects of the project, if it
is designed to induce additional development; and any unin-
tended effects that may reasonably be anticipated;

f. If the project involves wetland alterations, a description
of any public benefit to be derived from the proposed pro-
ject dependent upon the proposed activity; and the extent
of public use of such proposed project;

g. A complete description of measures to be taken to reduce
detrimental off-site effects to the coastal wetlands during
and after the proposed activity;

h. The expected completion date of the proposed activity and of
the project dependent upon the activity;

VIII-9

SECTION 2, PART I.C.3.

i. An environmental assessment of the proposed regulated activity,
and of the final project dependent on it, shall be provided.
An environmental impact statement treating the same activity in
the same area and supplied to other federal or state agencies
for considering a permit may satisfy this requirement. The
assessment shall address the projects effect on the wetlands
and upon the life dependent upon them; and

j. A certification that a permit from the Bureau of Pollution
Control has been applied for or that such permit is not
required; that a permit from the United States Army Corps of
Engineers has been applied for or that such permit is not re-
quired; that permits or other certificates of compliance with
applicable minicipal or county building codes and zoning
ordinances have been applied for or are not required.

Compliance with certification required herein may be met by
submitting to BMR copies of applications for permit or
certification to federal, state or local agencies accompanied
by a statement by the applicant that all necessary applications
have been filed or that a permit or certification from such
agencies is not required. The use of the joint BMR/U. S.
Army Corps of Engineers form shall be sufficient to meet this
certification requirement as it applies to a permit from
the U. S. Army Corps of Engineers.

4. An application for dredging an existing navigational channel need
only show the name and address of the applicant, and that the
channel was lawfully in existence on July 1, 1973 and on the date
the application is filed. An applicant for dredging an existing
navigational channel is encouraged to provide information in
addition to that required above so that MCWC will have sufficient
information for its decision in the event that regulated activi-
ties other than dredging are involved.

5. Multiple regulated activities associated with the same project
shall be included on one permit application.

D. APPLICATION PROCESSING

1. Upon receipt of an application, BMR shall provide a copy of the
application to the affected public officials listed in
Mississippi Code Section 49-27-13, and to the State A-95 Clear-
inghouse to satisfy the policy coordination procedures of
Section 4.

VIII-10

SECTION 2, PART I.D.

2. Publ ic Noti ce

a. BMR shall publish notice of a date by which written
objections to any application must be filed. Publication
shall be no later than-'60 days-,from the receipt of a com-
pleted application.

b. Notice shall be published once a week for at least three (3)
consecutive weeks in at least one (1) newspaper of general
circulation in the county of the affected wetlands. The
last publication shall be made not more than seven (7) days
prior to such date.

c. The published notice shall describe the site of the pro-
posed activity and shall give a description of the proposed
regulated activity.

3. Hearings

a. If written objection is filed, or if the applicant requests
a hearing, then a hearing must be held within twenty (20)
days after the date by which objections must be filed unless
* ~~~~~~a later date for the hearing is agreed to by all parties.

b. A notice describing the date, time and place for the said
hearing shall be sent by U. S. mail, postage prepaid, to
each of the objectors and to the applicant at the address
furnished to BMR by said parties. )Atcopy of such notice
shall be published at least one (1 ime in one (1) newspaper
having general circulation in the county of the affected
wetlands.

c. The following parties shall be notified of a hearing by the
Bureau prior to the date for the hearing, but a failure to
meet this requirement shall not invalidate any permit granted
thereafter:

i. All of those parties who are sent copies in accordance
with Part I.M~. of this section;

ii. All known present owners of record of adjacent land by
current tax assessment rolls and all known claimants
to water or riparian rights in or adjacent to the
coastal wetlands affected area.

4. Objections

a. Any person who files a written objection may appear at the
public hearing and be heard;

Vill-II

SECTION 2, PART I.D.

b. The burden of proof shall be on the applicant, whether a
hearing is held or not; provided, however, no application
shall be denied without giving the applicant a right to a
hearing according to the provisions of the Wetlands Law.

5. Oral testimony at hearings shall be recorded, but shall not be
required to be transcribed except in the event of appeal.

6. Any permit granted shall expire on such date and on such terms
and conditions as determined by the Commission on Wildlife
Conservation for such permit.

E. BASIS FOR DECISIONS

1. MCWC shall base all of its decisions generally on the rules,
guidelines, and procedures found in this section, and specifi-
cally on the findings and recommendations of BMR. The basis
of MCWC's decisions shall be made part of its minutes.

2. Decision Factors

In making recommendations for regulated activities other than
those described in Part I.E.3. below, BMR shall evaluate the
proposed activity against the public policy of wetlands. pro-
tection in Mississippi Code Section 49-27-3. Preference is to
be given to preserving the coastal wetlands in their natural
state, and that the burden of demonstrating the higher public
interest in altering wetlands rests with the party proposing the
alteration. In evaluating the public interest and making recom-
mendations, BMR shall consider and make findings on the
following:

a. Applicable legislative and judicial statements of public
interest.

b. The coastal wetlands use plan in Part IV of this section.
Permits shall be granted only for projects allowed by the
use plan. To petition for a change in the coastal wetlands
use plan, an applicant must follow the procedures in
Section 1, Part IV;

c. The guidelines-in Part III of this section. The applicable
guidelines must be followed unless the applicant specifically
requests and justifies a variance. Variances may be granted
in the discretion of the Commission, based on findings and
recommendations from BMR. Approval of a variance must be
based on one or more of the following; that

i. The impacts on coastal wetlands would be no worse than
if the guidelines were followed;

ViII-12

SECTION 2, PART I.E.2

0 ~~~~~~ii. The variance would be temporary, with restoration to
conform with the guidelines taking place within a
period specified in a permit, which period shall be
no less than 30 days nor more thab 120 days following
completion of the activity.

Mi. No feasible, alternative sites or construction
techniques are available, there is a significant
public benefit in the activity, and a public hearing
has been held; or

iv. The activity requires a waterfront location, there is
a significant public benefit in the activity, and a
public hearing has been held.

A public hearing held as part of a permit or decision process
that may now be required under state or federal law, and that
is referenced in Section 4, Part IV or V, shall be sufficient
to meet the requirements in ii or iv above, provided such
hearing has addressed the issue of a variance;

d. Precedent setting effects and existing or potential
cumulative impacts of similar or other development in the
project area;

* ~~~~~e. The extent to which the proposed activity would directly
and indirectly affect the biological integrity and
productivity of coastal wetlands communities and eco-
systems;

f. The full extent of the project, including impacts induced
by the project, both intended and unintended but reasonably
anti cipated;

g. The extent of any adverse impact that can be avoided through
project modifications, safeguards, or other conditions,
(e.g. piers in lieu of channel dredging);

h . The extent of altjernaive si-tes available to reduce un-
avoidable projec-t impacts;

i. The extent to which a proposed activity requires a waterfront
location;

j. The preservation of natural scenic qualities, as specified
in Section 6;

k. The national interest, as specified in Section 7;

VIII-13

SECTION 2, PART I.E.2.

1. Commuents received through the Mississippi Coastal Program
policy coordination procedure, and comments received
through public hearings; and

m. The provisions of approved SMA plans. Specific provisions
of area management plans shall prevail over the consider-
ations in Part I.E.2.b. through 1. above.

3. Construction on Suitable Sites for Water Dependent Industry

In cases where a permit is required for the erection of
structures on suitable sites for water dependent industry,
because the structure is being built by a non-water dependent
industry, BMR shall consider the following in making its
recommrendations, along with comments received through the policy
coordination procedures:

a. Factors in favor of granting a permit:

i. Technical and economic requirements; great weight
will be given to granting permits for expansions of
industries located on the waterfront, where such
expansion involves the use of product outputs;
by products, or common production facilities;

ii. Where failure to grant permit would render site0
unsuitable for beneficial uses;

iii. Where the proposed structure would not impair
future waterfront industrial development of
site;

iv. Good faith plans for waterfront uses (plans for
speculative wetland filling shall not be con-
sidered "good faith";

v. Uncommonly high ratio of new jobs to the area of
the site proposed for development; and

vi. Where special area management plan provides for the
activity in question.

b. Factors for conditioning or denying a permit:

i. Where alternative, feasible sites exist;

ii. Where siting is not required on technical or
economic grounds;

iii. Where permit would result in an activity incon-
sistent with the Mississippi Coastal Program; and0

VIII-14

SECTION 2, PART I.E.3.b.

iv. Where a permit would result in an activity injurious to
public health and safety.

F. RECONSIDERATION AND APPEAL

An applicant, or any person, corporation, municipal corporation, county,
or interested community group authorized by Mississippi Code Section
49-27-39 to take an appeal to chancery court may request MCWC to
reconsider a permit decision. A copy of such request shall be pro-
vided to the Coastal Program Advisory Committee, which shall advise
MCWC of its recommendations with respect to the permit. MCWC shall
consider the request, along with the advisory committee's recommenda-
tion, and may secure any additional information it deems necessary,
either through BMR or through testimony from interested parties.
Any party named herein may appeal from MCWC's decision to chancery
court in accordance with Mississippi Code Section 49-27-39 through
49-27-49.

G. PERMIT CONDITIONING

1. In granting a permit, the Commission may provide for such condi-
tions as may be necessary to insure compliance with the coastal
program.

2. As a condition of granting a permit, the Commission may re
mitigation as a means of minimizing net adverse impacts on
coastal wetlands. The magnitude of any mitigation requirement
shall be reasonably related to the magnitude of the activity
under consideration.

3. Where an area management plan is in force, the Commission will
not require mitigation above and beyond that called for in the
plan. In the absence of an area management plan, mitigation
will be determined on a case-by-case _b.

4. Except for permits for old channels under Section 49-27-25,
Mississippi Code of 1972, the Commission MU rjequire a performance
bond to secure compliance with a permit.

H. CHARGE FOR METERIALS

1. A permittee or his agent shall compensate the State of Mississippi
for all material removed from coastal wetlands at a rate to be
determined by the Director of BMR based on a fair market value of
the material removed. This regulation shall not be construed as
authorizing or promoting the direct sale of material from coastal
wetlands. The purpose of this regulation is to insure that the
State of Mississippi is fairly compensated for materials removed
from coastal wetlands in conjunction with the conduct of a
regulated activity.

VIII-15

SECTION 2, PART I.H.2.

2. Public agencies will not be charged for material removed from
coastal wetlands when the material is uded for a public project,
provided such material is not sold or converted to non-public
use.

PART II: EXCLUSIONS'

The activities, areas, and entities described in this part are excluded
from the need to secure a permit for regulated activities. When conducting
what would otherwise be regulated activities, exclusions must comply with
the public policy of wetlands protection in Mississippi Code Section 49-27-3,
and must notify BMR in accordance with the provisions of Part II.C.

A. MISSISSIPPI CODE SECTION 49-27-7 EXCLUSIONS

The following activities, areas, and entities are excluded from the
need to secure a permit for regulated activities (defined in Section I,
Part I.K.)

1. The accomplishment of emergency decrees of any duly appointed
health officer of a county or municipality or of the state,
acting to protect the public health;

2. The conservation, repletion and research activities of the i
Mississippi Commiission on Wildlife Conservation, the Mississippi
Gulf Coast Research Laboratory and the Mississippi-Alabama Sea
Grant Consortium;

3. Hunting, fishing, erecting duckblinds, shellfishing and trapping
when and where otherwise permitted by law;

4. Swimming, hiking, boating or other recreation that causes no
material harm to the flora and fauna of the wetlands;

5. The exercise of riparian rights by the owner of the riparian
rights, provided that the construction and maintenance of piers,
boathouses, and similar structures are constructed on pilings that
permit a reasonably unobstructed ebb and flow of the tide; provided,
further that the riparian owner may reasonably alter the wetland at
the end of his pier in order to allow docking of his vessels;

6. The normal maintenance and repair of bulkheads, piers, roads and
highways existing on the date of enactment of this act, and all
interstate highways planned but not yet under construction and
financed in part by Federal Interstate Highway Trust Funds;

7. Wetlands developed in the future by federal, state or county
governments for the establishment of a superport or a pipeline
buoy terminal for deep-draft, ocean going vessels, including but is
not limited tok wetlands adjacent to Petit Bois Island and the
Bayou Casotte Channel in ~Jackson County, Mississippi;

Vill-16

SECTION 2, PART II.A.

8. The Biloxi Bridge and Park Commission, Biloxi Port Commission,
Long Beach Port Commission, Pass Christian Port Commission,
Pascagoula Port Commission and any municipal or local port
authorities;

9. Wetlands used under the terms of the use permit granted by
Chapter 395, Laws of 1954;

10. Any activity affecting wetlands that is associated with or is
necessary for the exploration, production or transportation of
-oil or gas when such activity is conducted under a current and
valid permit granted by a duly constituted agency of the State
of Mississippi;

11. Activities of any mosquito control commission which is a political
subdivision or agency of the State of Mississippi;

12. The Fisherman's Wharf to be constructed in Biloxi and the Buccaneer
State Park to be constructed in Hancock County, both by the State
Park Commission;

13. Wetlands conveyed by the state for industrial development thereon
pursuant to Section 211, Mississippi Constitution of 1890, and
pursuant to Section 29-3-61, Mississippi Code of 1972;

14. Coastal wetlands within five (5) feet of private property;

15. The activities of the Hancock County Port and Harbor Commission
affecting wetlands within its jurisdiction;

16. The activities of the Harrison County Development Commission
affecting wetlands within its jurisdiction;

17. The activities of the Jackson County Port Authority affecting
wetlands within its jurisdiction;

18. The activities of the Mississippi State Port at Gulfport affecting
wetlands within its jurisdiction;

19. Regulated activities which in the judgement of the director or
his delegate, after an on-site inspection, have no harmful impact
on the environment and which make no substantial change in the
wetlands, may be issued a certificate of waiver from the Director
of the Bureau of Marine Resources.

a. Activities eligible for a certificate of waiver shall be those
described as eligible for a general permit from the Ui. S. Army
Corps of Engineers under Section 404 of the Clean Water Act,
and under Section 10 of the Rivers and Harbors Act.

VIII-17

SECTION 2, PART II.A.19.

b. A certificate of waiver may be issued only if the activity
complies with the applicable provisions of all sections of
these rules, regulations, guidelines and procedures.

c. Certificate of waiver shall be requested on forms provided
by BMR.

d. Issuance and acceptance of the waiver does not relieve the
applicant from the requirements of obtaining a permit from
the U. S. Army Corps of Engineers, the Department of Natural
Resources, nor from the necessity of compliance with other
applicable state or local laws, ordinances and zoning
regulations.

B. CONSTRUCTION ON SUITABLE SITES FOR WATER DEPENDENT INDUSTRY

Mississippi Code Section 49-27-9 exempts the following from the need
to secure a permit to erect structures on suitable sites for water
dependent industry. However, this exemption does not cover other
regulated activities such as dredging and filling as defined in
Section I1, Part I. K.

1. The construction of a home, fishing camp, or similar structure
by an individual on his own property.

2. Water dependent industry. (See Part II.E. for water dependent
industry criteria.)

C. NOTIFICATION REQUIREMENTS

1. Parties proposing to conduct activities covered by the exclusions
in Part II, A and B shall notify BMR, stating the provisions of
these regulations under which the proposed activity is excluded,
and providing information that demonstrates compliance with
these regulations. Either of the following means of notification
may be used:

a. Joint wetlands permit application forms used by BMR and the
U. S. Army Corps of Engineers. If a Corps of Engineers
permit is required for the activity, notice to BMR shall be
provided at the same time and on the same forms as used for
the Corps of Engineers permit.

b. If the activity is part of a proposed action submitted for
review under the policy coordination procedures in Section 4
whether the action is a permit or a direct development
activity by a state or federal agency, notification through
the policy coordination procedures may be used.

2. Upon receiving a notification as provided above, BMR shall prepare
a set of findings in accordance with Part II.D and E. These

Vill-18

SECTION 2, PART II.C.2.

findings shall be prepared within 30 days of BMR receiving
notice. A copy of the findings shall be provided to the party
proposing the excluded activity. Findings on exclusions will
be used by BMR and the Commission to carry out their respective
administrative responsibilities under the Wetlands Law, particu-
larly under Section 49-27-51 and under the wetlands management
authority in Mississippi Code Section 57-15-5.

3. The purpose of the notification required under Part II.C.1. is
to insure that BMR and the Commission are fully advised of all
activities in the coastal wetlands. Since BMR and the MCWC
are fully advised of the exclusions described in Part II.A.2.
through 4., parties conducting these excluded activities are
not required to notify BMR.

D. FINDINGS ON MISSISSIPPI CODE SECTION 49-27-7 EXCLUSIONS

For exclusions under Mississippi Code Section 49-27-7, BMR shall
make findings as to whether the proposed activity is in compliance
with the public policy of wetlands protection in Mississippi
Code Section 49-27-3. Such findings shall be based on the criteria
in Section 2, Part I.E.2. a through k. A negative finding shall
result in enforcement action, as provided for in Part V.

E. FINDINGS FOR CONSTRUCTION ON SUITABLE SITES FOR WATER DEPENDENT
INDUSTRY

Upon notice from parties proposing to erect structures on suitable
sites for water dependent industry, BMR shall make a finding as to
whether the proposed activity is the construction of a home, fish
camp, or similar structure by an individual on his own property, or
as to whether the proposed activity is a water dependent industry
within the meaning of Mississippi Code Section 49-27-5(h), BMR
shall find the following to be water dependent industry:

1. Water access facilities, including piers, docks, wharfs, dolphins,
skids, marine launchways, drydocks, graving docks, launching
ramps, hoists, and cranes; also included are water intake
structures, effluent discharge structures, and attendant pipe-
line corridors 50 feet or less in width;

2. Ports and associated facilities, both public and private, includ-
ing water access facilities, fuel terminals, warehouses in support
of Dort nnpratinns, bulk material handling facilities for both
dry and liquid materials, tanks and silos used in material
transfer operations from or to waterborne transport, grain eleva-
tors, open storage areas in support of port operations, trailer
marshalling yards, any facilities designed to accommodate cargo
moving in domestic or international waterborne commerce, and
facilities constructed as part of a corridor from the waterfront
to an inland activity which either ships or receives goods and
raw materials by waterborne commerce.

VIII-19

SECTION 2, PART II.E.

3. The following are water dependent industry to the extent that
they comply with the siting criteria in Part II.E.4.

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 drydocks, 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 sub-assemblies, bridge
sections, hoists, trusses, beams, and other such structural
components; and

d. Commercial, industrial or manufacturing activities that
receive or ship raw materials or products by waterborne
commerce.

4. Siting Criteria Applicable to Part II.E.3.

The activities in Part II.E.3. are water dependent if they meet
the criteria in either a, b, c or d below.

a. The production site is on the landward side of its water access
facility and has its smaller dimension on the waterfront.

i. The production site is that area occupied by manufactur-
ing facilities, including material storage yards,
piping, conveyors, other handling facilities used in
production, and outbuildings housing related manufactur-
ing activities. Administration and other detached
buildings not integrally related with production pro-
cesses shall be located either within the production site
or on its landward side.

ii. The waterfront shall be 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 shall be a shoreline on which
a water access facility is located.

b. To the extent that technical, safety, or economic require-
ments prevent compliance with Part II.E.4.a., a water
dependent industry may site in accordance with such require-
ments in lieu of the criteria in Part II.E.4.a.

VI 11-20

0 ~~~SECTION 2, PART II.E.4.

i. 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;

ii. Safety requirements must be based either on laws, rules,
regulations or ordinances promulgated by a public entity,
or on safety standards promulgated by trade, industrial,
or engineering associations; and

iii. Economic requirements shall exist when compliance with
Part II.E.4.a will preclude an activity's products
from being competitive in its usual markets. The demon-
stration that compliance with Part II.E.4.a. is simply
more costly than other alternatives will not in and of
itself be considered economic requirement.

c. Where existing roads, rail lines, structures, or other
physical barriers prevent an activity from complying with
Part II.E.4.a. by restricting the size of the area available
for production facilities, structures may be built in a
larger area to the extent necessary to accommrodate the pro-
* ~~~~~~duction facilities.

d. Where a suitable site for water dependent industry is covered
by special management area plans incorporated into the M~issis-
sippi Coastal Program, and where the plan specifically treats
water dependency criteria, the provisions of the special
management area plan shall be used in lieu of the siting
criteria in Part II.E.4.a. through c.

PART III: GUIDELINES FOR REGULATED ACTIVITIES

The following guidelines shall be observed for the specified activities.
Nothing in these guidelines shall be construed to require standards more
stringent than those required by the Federal Water Pollution Control Act,
the Clean Water Act, the Resource Conservation and Recovery Act, and the
Toxic Substances Control Act, the regulations adopted pursuant thereto.

A. DOCKS AND PIERS

1. Docks and piers shall be constructed on pilings;

2. To minimize the necessity of dredging, docks and piers
shall be of sufficient length to reach navigational
depths adequate for the proposed use of the dock
* ~~~~~~or pier;

VIII-21

SECTION 2, PART III.A.

3. Docks and piers shall be constructed in a manner that does not
restrict access to public beach areas.

4. Docks and piers shall not create a hazard to navigation in water-
ways.

B. BOAT RAMPS

1. Boat ramps shall be located in areas which do not require the
destruction of coastal wetlands vegetation, and which require
minimum dredging to reach adequate water depths; both initial
and maintenance dredging shall be considered.

2. Residues from parked vehicles shall not be allowed to damage
the coastal wetlands.

3. Fill for boat ramp surfaces shall be the minimum necessary
to meet project requirements and shall not exceed 100 cubic
yards of fill material (concrete, shell, etc.).

C. MARINAS, BOAT BASINS, AND BOAT SLIPS

1. Marinas shall be located in areas where minimal initial and
maintenance dredging will be required.

2. Design shall not disrupt currents or restrict the tidal flow.

3. Marinas shall be located at least 1,000 feet from shellfish
harvesting areas or seagrass beds.

4. More efficient utilization of existing marina space is preferable
to new marina construction. Open dockage extending to deep water
is preferable to the excavation of boat basins. Excavation of
basins in uplands is preferable to excavation in coastal wetlands.

5. Turning basins and navigation channels shall not be designed to
create sumps that would result in long-term degradation of water
quality. For example, the depth of boat basins and access
channels shall not exceed that of the receiving body of water,
and shall not be located in areas of poor circulation.

6. Marinas shall not be sited in areas of known high -siltation and
high shoaling rates.

7. Permanent spoil disposal sites shall be set aside in non-wetlands
areas for use in initial construction and future maintenance.

8. Indented boatslips with angled sides shall be used in preference
to keyhole boatslips.

9. Boat basins shall provide for water circulation by being designed
for tidal flushing with angled sides, or similar means.

VIII-22

SECTION 2, PART III.C.

10. Innovative solutions to increased demands for new mooring,
dockage, and storage space, including dry stack storage,
alternative slip mooring configurations are encouraged.

11. See also Bulkheads, Seawalls, Breakwaters, Jetties and
Groins (III.G.) Dredged Material Disposal (III.H.) and Filtirg
Other than Dredged Material Disposal (111.0.).

D. BULKHEADS AND SEAWALLS

1. For erosion control, non-structural methods shall be used
in preference to structural methods. Vegetatior as a
non-structural method shall be used in preference to
structural methods of sloping (3:1) rip-rap, and rip-rap
shall be used in preference tn vertical seawalls. Vertical
face bulkheads may be used only in low energy areas such as
canals, bayous, tidal rivers, protected ports and harbors

2. Structural methods may be used only when there is a reasonable
probability of controllir;c erosion at the immediate site, and
where the structure will not significantly increase erosion in
nearby areas.

3. Vertical face structures shall be aligned no further waterward
than mean high tide, and constructed so that reflective wave
energy does not destroy adjacent wetlands habitat.

4. Vertical face structures intended to replace failed erosion
control structures that are beyond repair shall not extend
more than 24" waterward from the base of a failed structure.

5. Breakwaters and jetties shall be constructed in a manner which
allows for tidal flow and flushing.

6. Groins to trap sediments shall be allowed only as a means to
reduce shoaling of navigable channelsand boat basins.

7. For breakwaters, groins and jetties the vertical or sloped
surface area of the structure created below mean high tide
shall be greater than the waterbottom surface area displaced
by the structure.

E. CABLES, PIPELINES AND TRANSMISSION LINES

1. Permanent open water canals in marshlands for installation shall
not be used.

2. Where dredging is required in marshland, all excavation shall be
backfilled with the excavated material after installation of the
appropriate structure, with care taken to maintain the oriainal
marsh floor elevation in both the excavated area and spoil area.
Spoil shall be temporarily stockpiled in discontinuous banks so
that sheet flow is not interfered with.

VIII-23

SECTION 2, PART III.E.

3. After dredging and backfillino is complete, all altered marsh-
land shall be sprigged with characteristic marsh vegetation.

4. In open water areas, spoil shall be deposited in discontinuous
piles on opposite sides of the excavation, which shall be back-
filled after project completion.

5. Alignments of new projects shall be designed to use existing
rights-of-way.

6. Projects shall be aligned along the least environmentally
damaging route (e.g. avoid submerged grass, shellfish beds,
artificial reefs, hard banks, etc.).

7. Projects shall be aligned to avoid shipwrecks and areas of
unique historical and cultural interest.

F. TRANSPORTATION

1. Bridging shall be used in preference to filling to create road
beds, railways, and other transportation facilities. Suitable
erosion control methods shall be used on bridge approaches.

2. Structures shall be designed to preserve natural waterflow
and circulation regimes and to prevent excessive shoaling.

3. Except for the construction of replacement bridges and
approaches, transportation improvement projects shall generally
follow existing alignments in coastal wetlands.

4. Transportation facilities shall be designed to accommodate other
public utilities, thus avoiding other unnecessary wetland
alteration. An example would be the use of existing rights-of-
way and bridges to accommodate cables, transmission lines or
pipelines.

G. CHANNELS AND ACCESS CANALS

1. Alignment of channels and canals shall make maximum use of
natural or existing channels to minimize initial and main-
tenance dredging requirements.

2. Alignments shall avoid shellfish beds, areas of submerged and
emergent vegetation and archeological and historical sites.

3. Permanent spoil disposal sites shall be designated for initial
construction as well as future maintenance dredging for all
canal or channel projects.

4. Access canals shall be designed to insure adequate flushing
and shall not create stagnant pockets; they shall use existing
drainage patterns to maximum advantage; they shall be of uniform

VIII-24

SECTION 2, PART III.G.

depth, or become gradually shallower proceeding from the re-
ceiving body of water; they shall be no deeper than the parent
body of water and where feasible, shall be aligned with pre-
vailing summer winds to increase circulation.

5. Construction of channels and access canals shall be conducted
in a manner that minimizes turbidity and dispersal of dredged
materials into adjacent coastal wetlands, and on schedules
that minimize interference with fish and shellfish migration
and spawning.

6. Designs shall not alter significantly tidal circulation patterns,
create change in salinity regimes, or change related nutrient
and aquatic life distribution patterns.

7. New canals for waterfront lots must be constructed from the
mean high tide line landward and must be open to a major
waterway at two or more points.

8. Dead-end canals shall not be permitted except where water flow
is sufficient to flush the canal on a regular basis.

H. DREDGED MATERIAL DISPOSAL

1. All dredged material shall be viewed as a potential reusable
resource, and all disposal plans should include provisions
for access to such resources. For exariple, materials suitable
for beach replenishment, construction, or other purposes
(sanitary landfill, agricultural soil improvement, etc.) shall
be used immediately for such purposes or stockpiled in existing
disposal areas or other non-wetland areas for later use.

2. Existing upland disposal areas shall be used to the fullest
extent possible. Examples include raising the height of
containment embankments to increase the holding capacity of
the disposal area, and the application of modern engineering
technioues to render the material suitable for useful
purposes.

3. Disposal dikes shall be shaped and stabilized immediately upon
construction to minimize erosion and dike failure, and out-
falls shall be positioned to empty back into the dredged area.

4. Permanent, upland disposal sites or deep water disposal sites
shall be used in preference to coastal wetland disposal.

5. Areas containing submerged vegetation or regularly flooded
emergent vegetation shall not be used f__-dredged material
disposal.

6. Toxic and highly organic materials shall be disposed of in a
manner that prevents their harmful release into the environment.

VIII-25

SECTION 2, PART III.H.

7. New spoil disposal proposals shall include a maintenance plan i
for the shorter of fifty years or the life of the project.

I. IMPOUNDMENTS AND OTHER WATER LEVEL CONTROLS

1. Tidal Marsh Impoundments

a. New tidal marsh impoundments are prohibiteo except where a
proposed impoundment is part of a plan adopted by the
Commission following the same procedures used for promulga-
ting regulations, or approved through the policy coordinatior
procedures in Section 4.

b. Proposals to repair or replace existing impoundment structures
will be allowed only if all other applicable guidelines are
met and the use for which the impoundment was originally
created is its current use.

2. Watershed Impoundments

Impoundments of rivers and bayous alter the quality, ouantity,
and timing of freshwater flows into estuaries as well as block
migration of fishery resources. Such impoundments are pro-
hibited except where a proposed impoundment is part of a plan
adopted by the Commission following the same procedures used or
promulgating regulations, or approved through the policy
coordination procedures in Section 4.

J. DRAINAGE CANALS OR DITCHES

1. Drainage canals from upland development shall not be extended
through marshlands (except where land subsidence has severely
lowered the developed lands). Rather, they shall terminate
at the landward edge of the marsh, to allow filtration through
the marsh. A spreader canal along the uplands adjacent to
marsh may be used to allow sheetflow through the marsh.

K. OIL AND GAS EXPLORATION AND PRODUCTION

1. In Tidal Marshes:

a. Directional drilling from existing sites, canals, bayous,
deeper bay waters, or non-marsh locations shall be used in
preference to temporary roads. Temporary roadbeds (pre-
ferably plank roads) to provide access from land shall be used
in preference to dredging canals for access to well sites.

b. Proposed road alignments shall use upland or already
disturbed marsh areas.

c. Borrow pits in wetlands, if necessary for construction
purposes, shall be dredged adjacent to, and on alter- 0
nating sides of the road bein? constructed.

VIII-26

SECTION 2, PART III.K.1.

d. All streams shall be tridged or provided with culverts
to prevent alteratiens to the natural drainage patterns.

e. Culverts or similar structure shall be installed under
the road at appropriate intervals (never more than 250
feet apart) to prevent blockage of surface drainage or
tidal flow, with all culvert openings being subsequently
maintained.

f. No hydrocarbons, hydrocarbon-containing substances, drilling
muds, drill cuttings, and toxic substances shall be allowed
to flow into tidal marshes.

g. Upon completion or abandonment of wells in coastal marshes,
all unnecessary equipment shall be removed; the well site,
levees, roads and work areas shall be restored to the ccn-
ditions that supported the type of tidal marsh that existed
prior to development.

2. On Waterbottoms

a. Existing navigable waters shall be used for access to oil
and oas extraction sites in preference to new dredging.

b. Environmentally sensitive areas, including oyster reefs,
submerged grass beds and other productive shallow water
areas shall be avoided when siting extraction facilities.
Also, directional drilling should be employed when the shore-
lines of barrier islands or beaches, small fishing banks,
hard banks or reefs would otherwise be disturbed.

c. To maintain the integrity of small fishing banks, (generally
500 acres or less) and their accessibility to sport and
commercial fishermen, no structures shall be placed either
temporarily or permanently on the top of these banks.

d. No hydrocarbons or hydrocarbon-containing substances such as
oil based drilling mud, oil-contaminated drill cuttings,
oil residues, or other toxic substances shall be allowed
to flow into the water or onto the seafloor.

e. For exploration and production activities in close proximity
to oyster reefs, seagrass beds, fishing areas or hard banks
containing reef building organisms, the following shall be
observed:

i. Uncontaminated drill cuttings shall be shunted away
from sensitive areas and discharged at or near the
bottom, or shall be transported to sfcre or to less
sensitive offshore locations. Usually shunting is
only effective when the point of the shunted dis-
charging can be placed deeper than the area of the

ViZI-27

SECTION 2, PART III.K.2.

bank being protected. Bulk discharge of drilling i
muds and mud activities to the marine waters is
unacceptable.

ii. Drilling and production structures, and oil pipelines
shall not be placed within one mile of the bases of
live reefs.

f. All facilities, obstructions, or debris which could impair
recreational or commercial fishing shall be removed or
terminated beneath the waterbottom. Whenever this is not
practicable, they shall be marked by a lighted buoy to
prevent fouling of fishing gear.
g. All pipelines placed in coastal wetlands shall be buried.

L. OTHER MINERAL EXTRACTION

Extractions of marine mineral resources (sand, gravel, shell, phos-
phates, etc.) from coastal wetlands within 1,500 feet of tidal
marshes or within one mile of the base of live reefs is prohibited
except for obtaining cultch material or material for beach replenish-
ment.

M. FACILITIES REQUIRING WATER FOR COOLING OR HEATING

1. Once-through cooling systems shall not be used in areas where S
fishery organisms are concentrated, specifically in estuaries,
inlets and small coastal embayments.

2. Intake and discharge facilities shall be sited in areas of low
organism concentrations.

3. Intakes shall be designed to minimize impingement. If offshore
intakes are employed, velocity caps or similar means shall be
used to produce horizontal intake currents with a maximum
velocity of � fps at the intake screen.

4. All discharges shall meet the reouirements in the "State of
Mississippi Water Quality Criteria for Intrastate, Interstate,
and Coastal Waters".

5. Industrial water reuse shall be encouraged to minimize adverse
impacts from intake and discharge lines that may be situated
in coastal wetlands.

N. ACTIVITIES AFFECTING COASTAL WETLANDS

1. Activities affecting coastal wetlands, but located outside
of coastal wetlands shall not affect the following character-
istics to a greater extent than would otherwise be allowed
under Part III.A. through M.

VTII-?8

SECTION 2, PART III.N.1.

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

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

c. Salinity regimes;

d. Sediment transport processes;

e. Water flow and natural circulat:ion; and

f. The long-term biological productivity of the ccastal
wetlands' ecosystem.

2. Activities Likely to Affect Coastal Wetlands

Activities in the coastal area 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 in Part III.N.1. above. These
activities would constitute regulated activities under
Mississippi Code Section 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 shall con-
stitute sufficient notification to BM1R and the Commission.

3. The activities listed below are not likely to affect coastal
wetlands when located outside of the ravigable waters of the
United States, their tributaries, and adjacent wetlands.
Therefore, MCWC shall not assert authority over these
activities under the Wetlands Law when these activities are
conducted using generally accepted construction practices.

a. Road resurfacing, repairing and maintenance;

b. Repair and maintenance of sewer, water and drainage
systems;

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

d. Construction activities involving less than four acres of
land clearing where the path of drainage flow from the
site to mean low water has an average slope of less than 2%.

VIII-29

SECTION 2, PART 11I.O.

0. FILLING OTHER THAN DREDGED 11ATERIAL DISPOSAL

1. Permanent filling of coastal wetlands because of potential
adverse and cumulative environmental impacts is discouraged.

2. Areas containing submerged vegetation or regularly flooded
emergent vegetation shall not be filled.

3. Fill material shall be non-toxic and either stabilized or of
sufficient size as to not be displaced durinp typical storm tides.
Beach nourishment does not require stabilization.

4. Fill proposals to eliminate existing poor water quality
conditions (filling of dead-end canals, keyhole boatslips,
etc.) shall be considered.

5. See also Boat Ramps (II.B.), Bulkheads, Seawalls, Breakwaters,
Jetties and Groins (III.D.), Transportation (III.F.), Oil and
Gas Exploration and Production (II1.K.) and Activities Affecting
Coastal Wetlands (III.N.).

PART IV: COASTAL WETLANDS USE PLAN

A. Figures VIII-1, 2, 3, and 4 depict the coastal wetlands use plan
that serves as the basis for permitting. These figures represent
in summary form the official coastal wetlands use plan maintained
at the office of BMR at a scale of 1" - 4,000' for each county in
the coastal area and 1" - 10,000' for the Mississippi Territorial
Sea.

B. The wetlands use plan described in this part is an authoritative
interpretation of the wetlands protection policy in Section 2,
Part I.A. The plan has been developed pursuant to Section
47-27-65(c), Mississippi Code of 1972, which requires that an over-
all plan for the use of wetlands be included in the coastal program.
The plan has also been developed in response to the Commissior's
responsibility for the general management of the state's wetlands.
The coastal wetlands use plan presented in this part is binding only
on wetlands below the watermark of ordinary high tide.

C. A permit shall not be issued for a regulated activity unless such
activity is associated with a use allowed in the coastal wetlands
use plan. MCWC will not consider the exclusions under Part II of
this section to be in compliance with the public policy of wetlands
protection unless the activity in questions is allowable under the
coastal wetlands use plan.

D. Special management area plans adopted pursuant to Section 5 shall
override the coastal wetlands use plan.

VIII-30

SECTION 2, PART IV.E.

E. The coastal wetlands use plan is divided into use districts. These
districts and the allcwable uses within each district are described
below.

1. "I" Districts: Industrial Development

a. Areas so designated lay be used for activities associated
with water dependent industrial development.

b. 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 to water
dependent industrial development, dredging necessary to
carry out the construction of these facilities, and filling
necessary for water dependent industrial development. Uses
allowed in "C" and "G" districts are also allowable.

2. "C" Districts: Commercial Fishing and Recreational Marinas

a. These areas are designated to acconr'odate developments
necessary to support commercial fishing or recreational
marinas and associated activities.

b. Allowable uses or activities are commercial fishing and
recreational marinas, shorefront 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, heists or cranes, other
similar structures necessary for commercial fishing
and recreational marina use and dredging ard filling
necessary to accommodate these uses. Activities allowed
in "G" districts are also allowable.

3. "G" Districts: General Use

a. These are wetland areas where only minor alterations are
allowed when such alterations do not adversely affect
recreation, swimming, fishing, and the natural scenic
oualities of the wetlards.

b. Allowable uses or activities are the construction of
piers, docks, bulkheads for non-commercial purposes;
other similar structures, submarine cables and pipelines;
launching ramps; oyster farming, transportation
facilities developed under a plan reviewed and found
to be consistent under the policy coordination pro-
is_~~~ ~ cedures in Section 4; overhead transmission lines;
beach nourishment activities; reasonable dredging

0~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 47

~~~~~~~~~~~~~~~~~~~~~~~N

Z7~~~~

tr~~~~~~~~~~~~~~
I I

4~~~J /~J~

-~~~~~~~~t ---- - -----

:~~~~~~~~~~~~~~~~~P1

i~~~i~ ~

G GENERA~~L USEE 1

P-1 PRESERVATION (MARSH AND WATERBOTTOMS)
P-2 PRESERVATION (SEAGRASS)
S-i SPECIAL USE (OYSTER REEFS)
S-2 SPECIAL USE (LEASED WETLANDS FOR OYSTER CULTIVATION)
S-3 SPECIAL USE (LEASED WETLANDS FOR OTHER USES)
5-4 SPECIAL USE (DREDGED MATERIAL DISPOSAL AREAS)
5-5 SPECIAL USE (NAVIGATION CHANNELS)
S-6 SPECIAL USE (RESTORATION AREAS)

VI 1I-33

* 4~~~~~~~~~~~~~~~~~~~~~~~~'

r~~~~~~~~~~~~~I-I-.

fl. ~~~~ ~~.
-- ~ ~ ~ ~ ~ ~ ~ -~~~l

J7~77 ,.~, g~ .I..-.s A

V~~'

.~~~~~~~~~~~~~~ .. . ...

L GEN D I'o

I INDUSTRIAL DEVELOPMENT'~ '
~~~~~~~~~CCMECAL F IHRE AND RERAIONA MAIA

P2 PERVATIN (SARAS I G R VIK-

S- SECA UE RSTRAIN A RAS

V11j- 34

*~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~r a

- U -' ' A * A .A~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~l

44 ~ ~ ~ ~ ~ ~1
4 ;-AI
V~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~4
NC ) 7 ~~~~~~~~~~~~~< )'7�~~~~~~~~~~J czrt ~~ ~ ~ ~ ~ ~ L
K ZYt1 ( a Tt4

/ .~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~.

scleI INDSRA EEOMN A 1P1

G ~~~~~~~~~~~~~~~~~~~~~~~~~ GEEA USE

'~~~~~~~~~~~~~~~- RSRAIN SEAGRASS)
FIGURE~ aII- S PCA S YTR RES

/~~~~~~~~S4 S EIAUSDRGE ATRL DISPOSALAREAS)
N~~~~~~~~~~~~~~~- SPCA USE NAIATO CHANNELS
/~~~~~~~~~~~~~- SPCA USE RE TRTO ARAS

VIII-35~~~~~~~~~'A

NI S- I

4~~~~~

~~~t'c~~~~~~r. r~~~~~------------ -- (--A-'/----*
i ~~~~~f-2-- - - - - - T- - - - - 13

~~~~~~P2 *,6U'-1I �\ +~j~
', { ,,' , .
I;~~~~i It>
'/ / K
*1~~~~~~~~~~~~~~~~~~~~~~~. '," /-, I'~ ''
/ " '"~' "'" l"~ :.,>''"' ' " "

: / -A , " ' -, -
i~~~~~~~~~~~~~lA

S-5~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-
LA~~' SEl2 N

P-2 PRESERVATION (SEAGRASS)~~~~~~-2 �
S -A' SPEIA UE OS
G s-\ .
'� ' .

- i - A - - - F ' L i bS -
,' ',[ ...

,I ?!~~~I

2 SPECIAL USE (LEASED WETLANDS FOR OYSTER CUTIVATION)P-G

/- SPALUSE _ .A..... W-TA FOR 'OTE USE
~~~~~~~~~~~~~~~~~~~--
S'S - .......
/~~~~~~~~~~~ .,, /<, -

P- SPRECUSERAVIATION MSH A NND WAER .S)
S-I SPECIAL USE (RESTRAIO RES) oI-o 10
S- SP~ERCIAL USHE(LEASE WTANDS FROSERCULTIATIONALMRIA)
S-GSENERAL USE LEASTAD WETLANDS S FORSA WATHERUSES
P- ura of ainReors

S-4 SPECIAL USE (S ATER D REES)

S-5 SPECIAL USE (NAVIGATION CHANNELS)
S-6 SPECIAL USE (RESTORATION AREAS) Northern imits of Lease Sale Area #1
~.?:~'~e

SECTION 2, PART IV.E.3.b.

and filling necessary to accommodate the above uses;
and dredging of sand and gravel.

c. All wetlands not otherwise designated shall be con-
sidered as general use areas.

4. "1P" Districts: Preservation

a. To maintain coastal wetlands for the benefit of their natural
productivity, significance, no permanent alterations shall
be allowed in "P" districts.

b. Allowable uses are activities such as fishing, oystering,
swimming, hunting, trapping, scientific or educational
pursuits and other passive recreation.

c. Where a "P" district adjoins private property, the riparian
owner may construct a pier to gain water access.

d. Marsh and adjacent waterbottom areas designated for pre-
servation are indicated by map code "PI"; map code "P2"
designates seagrass beds.

5. "S" Districts: Special Use

a. Natural and artificial oyster reefs (SI): Only seafood
harvesting operations as provided for by law shall be allowed.

b. Leased wetlands for oyster cultivation (S2): Only seafood
harvesting by the leaseholder shall be allowed. Oyster
leases let by BMR shall become an S2 designation on the
Coastal Wetlands Use Plan Mlap.

c. Leased wetlands for other purposes (S3): Uses specified
in a lease from the State of Mississippi shall be allowed;
also allowed are those uses allowed in I., C., and G.
districts, where such districts are designated in the Coastal
Wetlands Use Plan provided that they do not interfere with the
uses allowed under the lease. All public trust wetlands with-
in Lease Sale Area #1 (see Coastal Wetlands Use Plan map) may
be leased from the Department of Natural Resources. Only
those wetlands actually leased and that are designated for I.,
C., or G districts will carry an S3 designation. To determine
allowable areas within Lease Sale Area #1 for the siting of
oil and gas drilling structures refer to the September 16,
1982 Memorandum of Agreement between the Department of Natural
Resources, the Department of Wildlife Conservation and the
State Oil and Gas Board. Leases let by the Secretary of State
and the Department of Natural Resources for projects reviewed
and approved by the Mississippi Commission on Wildlife Con-
servation through the Bureau of Marine Resources shall become
an S3 designation on the Coastal Wetlands Use Plan Map. This
designation is in addition to the original use designation.

VIII-36

SECTION 2, PART IV.E.5.

d. Dredged material disposal areas (S4).

e. Navigation channels (55).

f. Restoration areas (S6): This classification is reserved;
no such designations have yet been made.
F. EXISTING USES, REPAIRS AND MAINTENANCE

All uses in coastal wetlands being legally conducted as of the
adoption of this section shall be allowed to continue to the extent
provided under existing legal authorization. Repair and maintenance
of such uses shall also be allowed.

G. REVISIONS

Revisions to the coastal wetlands use plan must be made in accordance
with the provisions of Section 1, Part IV.

H. ACCURACY OF MAPS AND REPORTING OF ERRORS

The coastal wetlands use plan is intended to depict those wetlands
below the watermark of ordinary high tide. In broad, flat marsh
areas, and where the shoreline is subject to change, the plan, as
depicted, will be less accurate than in areas with steep and stable
shorelines. Activities which are entirely on private property
and which are not indirectly dumping, filling, or depositing in
coastal wetlands are not regulated by virtue of the wetlands use
plan. MCWC requests that errors or omissions be reported to BMR.

PART V: ACTIONS AGAINST VIOLATORS

A. INTRODUCTION

Mississippi Code Section 49-27-51 authorizes the attorney general to
initiate action against violators of the Wetlands Law at the request
of MCWC. This part establishes the guidelines and procedures by
which MCWC shall request the attorney general to take action under
Section 49-27-51. BMR is responsible for inspection activities to
insure that the Wetlands Law is upheld. Individuals are requested
to report to BMR any apparent violations of the Wetlands Law.

B. PROCEEDING IN VIOLATION OF A VALID PERMIT

If a permittee exceeds the scope of activities as set forth in his
permit application, or if he does not substantially comply with one
or more of the conditions or limitations set forth in the permit,
the following procedures shall be followed:

VIII-37

SECTION 2, PART V.B.

1. BMR shall issue a notice (by mail and/or by posting at the site
of the regulated activity) requesting that the activity cease
and notifying the permittee that the apparent permit violation
will be brought before the next meeting of MCWC.

2. Upon recommendation from BMR, MCWC shall give notice and hold
a hearing on subject of suspending or revoking the permit in
question; such notice and hearing are provided for in Mississippi
Code Section 49-27-15 through 49-27-21 and in Part I.0. of this
section.

3. Procedures for action against a perinittee will be halted if the
permittee makes satisfactory arrangements to bring the activity
into conformance with the permit.

4. If a permittee proceeds contrary to a suspension or revocation
of a permit, the attorney general shall be requested to initiate
action immediately.

C. OTHER VIOLATIONS

1. The procedures in Part V.C.2. below shall apply to any of the
following apparent violations of the Wetlands Law:

a. Parties proposing to conduct or causing to be conducted
a regulated activity without a required permit;

b. Exclusions (described in Part II) proceeding without proper
notice;

c. Exclusions (described in Part II) proceeding under an adverse
finding of compliance with the Wetlands Law. (Findings are
described in Part I1.0. and E.).

2. Procedures for Violations in Part V.C.l. Above

a. BMR shall issue a notice by mail and/or by posting the notice
at the site of the regulated activity in question. The notice
shall request the affected party to cease and to contact BMR
to resolve the apparent violation. The notice shall also
inform the affected party that the apparent violation shall
be brought before the next meeting of the Commission.

b. Upon recommendation from BMR, MCWC shall determine whether
action is warranted and shall request the attorney general
to initiate action against the apparent violation.

c. These procedures shall be halted if the affected party makes
satisfactory arrangements to bring the apparent violation
into compliance with the Wetlands Law.

VIII-38

SECTION 3: FISHERIES MANAGEMENT

(Note: This section is reserved for the future codification of
fisheries management ordinances.)

SECTION 4: POLICY COORDINATION

PART I: OVERVIEW

A. INTRODUCTION

The procedures in this section are promulgated to carry out public
policy coordination under Mississippi Code Section 57-15-6. Through
these procedures, the coastal program incorporates applicable laws
and regulations of the state, many of which are not under the juris-
diction of BMR. So that the coastal program will not conflict with
the jurisdiction of other coastal program agencies, these agencies
shall determine whether a proposed activity complies with the pro-
visions of the coastal program for which such agencies have
statutory responsibilities. BMR does not have authority over other
agencies in the exercise of their primary responsibilities. However,
Mississippi Code Section 57-15-6(3) requires all state agencies to
carry out their responsibilities in the coastal area in compliance
with the coastal program, unless otherwise prohibited by law. In
addition, federal agencies will be bound by these policy coordination
procedures under Section 307 of the Coastal Zone Management Act,
upon approval of the coastal program under Section 306 of that Act.

B. TYPES OF ACTIONS

1. Actions listed in Parts IV and V of this section shall be subject
to policy coordination procedures. Two distinct types of actions
are recognized by these procedures: reviewable and consistent
action.

a. Reviewable actions are those actions listed in Parts IV and V
that are subject to notification, review, and the formal
issuance of a consistency determination. All actions listed
in Parts IV and V shall be considered reviewable unless
otherwise determined to be consistent.

b. Consistent actions are those actions listed in Parts IV and V
that have been determined to be consistent with the program
by interagency agreement with the MCWC or by prior review
under these policy coordination procedures. Full review and
formal consistency certification are not required for consis-
tent actions. However, agencies proposing consistent actions
shall insure that these actions are co~nsistent with the
program.

2. Agency actions not listed in Parts IV and V are not subject to
these policy coordination procedures. However, state and federal

VIII- 39

SECTION 4, PART I.B.2.

agency actions taken pursuant to laws adopted after the promul-
gation of these procedures shall be subject to review until a
determination is made to the contrary.

C. NOTIFICATION

1. State agencies proposing actions specified in Part IV shall notify
the State A-95 Clearinghouse on forms provided by the clearing-
house in accordance with the timetable in C.2. below. Federal
agencies and federal permit applicants proposing actions subject
to federal consistency (see Part V) shall notify the State A-95
Clearinghouse unless otherwise provided for under 15 CFR 930.

2. Timing

a. Agencies proposing reviewable actions shall submit such
actions for review at least 60 days prior to such action,
provided that surface mining permits issued through the
Mississippi Department of Natural Resources shall have a 45
day review period so that reviews under these policy coordi-
nation procedures do not conflict with the statutory review
time for such permits.

b. Agencies proposing consistent actions shall notify the
A-95 Clearinghouse upon initiation of such action.

D. WEEKLY LOG OF PROJECTS

The State A-95 Clearinghouse shall issue a weekly log of project
notices. Coastal program agencies shall monitor this log for actions
requiring review. The BMR will monitor the log to determine if a
public notice should be issued for the proposed action.

E. COASTAL PROGRAM AGENCY REVIEW

Coastal program agencies shall monitor notices of actions affecting
the coastal area, shall review and comment on those actions related
to their respective statutory responsibilities. Reviewing agencies
may make three types of comments for policy coordination purposes:

1. Regulatory Comments: An agency may make regulatory comments to
the extent that it has statutory authority incorporated into
the coastal program to regulate or otherwise control an activity.
Regulatory comments shall serve as the basis for BMR to issue
a consistency certification. By virtue of their enforceability
through existing regulatory procedures, regulatory comments
must be complied with if a prime agency is to be in compliance
with the coastal program. A reviewing agency shall indicate in
its review if it is making regulatory comments.

2. Mandatory Considerations: These are issues, policies, or guide-
lines which must be considered. An agency proposing an action

VIII-40

SECTION 4, PART I.E.2.

has the discretion to balance mandatory considerations along
other factors for which it has responsibility. The scenic
guidelines and national interest considerations in Sections 6
and 7 are such considerations. To be in compliance with the
coastal program, an agency proposing an action must consider in
its decision-making the mandatory consideration comments re-
ceived through the policy coordination procedures.

3. Informational Comments: Informational comments may be made,
without limitation, through the policy coordination procedures.
An agency may, at its discretion, consider informational
comments and determine how to evaluate them with respect to
other decision-making factors.

F. OTHER AGENCIES

Agencies other than coastal program agencies are encouraged to review
and comment on proposed actions, but such comments shall be con-
sidered as informational comments.

G. EXTENT OF REVIEW

Agencies reviewing proposed actions shall consider the direct effects
of the proposed action, as well as the indirect or induced effects.
If, in the opinion of the reviewing agency, unintended induced effects
can be reasonably expected, the reviewing agency shall consider these
effects in its review.

PART II: COASTAL PROGRAM AGENCY RESPONSIBILITIES

A. BUREAU OF MARINE RESOURCES

1. The Bureau of Marine Resources shall keep a written record of all
coastal program agency comments, and shall prepare a consistency
certification based on these comments. The Bureau shall also be
responsible for monitoring consistent action notifications to
insure that the proposed actions are in conformance with inter-
agency agreements and prior reviews.

2. BMR shall review and comment with respect to wetlands protection,
as stated in Mississippi Code Section 49-27-3. BMR shall base
this review on the rules, regulations, guidelines, and procedures
in Section 2.

3. BMR shall review and comment with respect to the efficient utili-
zation of waterfront sites, as stated in Mississippi Code
Section 57-15-6(1) (a). BMR shall base this review on the water
dependent industry guidelines in Section 2, Part II.E.

4. BMR shall review and comment with respect to seafood conservation
as stated in Mississippi Code Section 49-15-1.

Vill-41

SECTION 4, PART II.A.

5. -BMR shall review and cormment with respect to the preservation of
natural scenic-qualities, as stated in Mississippi Code Section
57-15-6(l)(d) and in accordance with the guidelines in Section 6.
Comments made for the preservation of natural scenic qualities
are not regula-ory; however, they are mandatory considerations.

6. --BMR shall review and comment with respect to the national
interest.as stated in Mississippi Code Section 57-15-6(l)(c),
and as described in Section 7 of these regulations. Comments on
the national interest are not regulatory; however, they are
mandatory considerations.

B. The Bureau of Pollution Control shall review and commnent on the pro-
posed state and federal actions with respect to preserving air and
water quality, as stated in Mississippi Code Section 49-17-3. This
review shall consider as program standards the provisions of the
Clean Water Act and the Clean Air Act, as well as the provisions
of state laws and regulations implementing these Acts.

C. The Department of Archives and History shall review and comment an
proposed actions with respect to the coastal program goal of pre-
.serving historical and-archeological resources, as stated in
Mississippi Code Section 39-7-3. The state's comprehensive historic
preservation plan will be considered in this review;

D. The Bureau of Land and Water Resources shall review and comment on
proposed state and federal actions with respect to the coastal
program goal of conserving water resources, as stated in Mississippi
Code Section 51-3-1. Water occurring in any watercourse, lake, or
other natural water body in the coastal area is among the basic
resources of this state and subject to appropriation in accordance
with applicable state statutes. The Bureau will review and comment
on ground-water withdrawals to the extent that coordination and
limited regulation would be necessary to protect the interest and
rights of residents or property owners in accordance with
Section 51-4-5, Mississippi Code of 1972.

PART III: CONSISTENCY FINDINGS AND ENFORCEMENT

A. CONSISTENCY CERTIFICATION

1. BMR shall issue a coastal program consistency certification if
no coastal program agency has objected to the proposed action
on the basis of regulatory comments. If a coastal program
agency has not commented within the allotted review time, its
concurrence with the proposed activity will be assumed.

2. Conditional consistency certifications may be issued by BMR on
the basis of regulatory comments that specify conditions. The
proposed action will be considered in compliance with the
coastal program only if the specified conditions are met. A

VIII-42

SECTION 4, PART III.A.2.

conditioned consistency certification allows a proposed action
to proceed without the need for additional review, provided
that the specified conditions are met.

3. A consistency certification may be withheld without prejudice
if a coastal program agency finds that there is insufficient
Infortnation to make affirmative regulatory commients, and if the
consistency determination cannot be reasonably conditioned. A
reviewing agency making such a finding shall state specifically
the additional information necessary to make regulatory comments.

4. If a coastal program agency objects to a proposed action through
its regulatory comments, then such action shall not be considered
in compliance with the coastal program. The agency proposing
the action may use the conflict resolution procedure in
Part III.B. to resolve coastal program compliance disputes.

S. At times, an action subject to review may not be ripe for a
determination of coastal program consistency by virtue of being
insufficiently specific about the activity's location and impacts.
In this case, reviewing agencies shall provide comments on
mandatory considerations and shall make appropriate informational
comments. The action shall proceed subject to further coordinatio
with agency requesting same.

6. BMR shall initiate enforcement action as specified in Part III.D.
for either of the following events:

a. An agency proceeds with its proposed action over an adverse
regulatory comment from a coastal program agency.
b. An agency refuses to consider the mandatory considerations
raised during the policy coordination process.

B. -CONFLICT RESOLUTION PROCEDURE

1. When an agency elects to utilize this conflict resolution pro-
cedure, the objecting coastal program agency shall reduce its
objection to writing, specifying in clear and concise terms the
issues that must be resolved to achieve compliance with the
coastal program. Representatives of the conflicting agencies
shall meet to resolve the specified issues. A representative
of BMR shall be made available upon request to assist in the
resolution.

2. If such a meeting does not result in resolution, the governing
body of the agency objecting to the action-will determine
whether the proposed action is consistent with its regulatory
authorities. If the governing body of a coastal program agency
objects to the proposed action, then it shall be considered out
of compliance with the coastal program.

VIII- 43

SECTION 4, PART III.B.

C ~~3. Any interested party may petition the governing body of the
objecting coastal program agency, or the Commission on Wildlife
Conservation to hold a hearing on an action determined to be
inconsistent to hear any new information that should be brought
to bear on the subject. The Commission or board may, in its
discretion, hold such a hearing. If held by the Commission on
Wildlife Conservation, the Commission shall state its recommen-
dations for the record. However, a coastal program agency
commnenting within the purview of its primary jurisdiction shall
prevail in its regulatory comments.
4. Conflicts involving the actions of federal agencies shall be
resolved according to the provisions of 15 CFR 930.

C. ~FEDERAL CONSISTENCY CERTIFICATION

Section 307 of the Coastal Zone Management Act provides different
types of consistency review procedures for different categories of
federal actions. These consistency reviews are described below.
Part V provides a specific listing of the federal actions contem-
plated by these procedures.

1. Direct Federal Activities and Development Projects

a. Federal agencies are strongly encouraged to provide con-
sistency determinations through the State A-95 Clearinghouse
at the earliest practicable time in planning of an activity,
preferably before the activity or project reaches a decision
stage likely to restrict the evaluation of alternative
approaches. In any case, the consistency determination
shall be provided to BMR at least 90 days before final
approval of the federal activity or project.

b. The consistency determination should contain the following:

i. A brief statement indicating whether or not the
proposed activity or project will be undertaken in
a manner consistent to the maximum extent practicable
with the Mississippi Coastal Program;

ii. A detailed description of the activity or project,
associated facilities and related coastal area effects;

iii. Comprehensive data and information sufficient to
support the federal agency's consistency statement.

c. Based on the comments of other coastal program agencies, and
on its review under its responsibilities, BMR shall inform
the federal agency of its agreement or disagreement with the
federal agency's consistency determination at the earliest
practicable time, but in no case later than 45 days following
is ~~~~the receipt of federal notification, unless an extension has

VIII- 44

SECTION 4, PART III.C.l.c.

been granted. BMR's agreement with a federal consistency
certification shall be in the form of a coastal program
consistency certification as provided for in Part III.A
Coastal program consistency may be presumed if no response
is received within the 45 day comment period. BMR may
request and shall be given one 15 day extension; longer or
additional extensions may be granted by the federal agency.

d. If BMR Alsagrees with a federal agency's consistency deter-
mination, BMR will respond to the agency with the reasons
for disagreement and any necessary supporting information.
The response will describe:

i. How the proposed activity will be inconsistent with
specific elements of the coastal program;

ii. Alternative measures, if feasible, which could be
adopted by the federal agency to make the proposed
action consistent; and

iii. The nature and necessity of additional information
that would be necessary to determine the consistency
of the activity or development.

e. BMR will send copies of its objections to the affected
federal agency and to NOAA.

f. In the event of disagreement, BMR will utilize the remaining
portion of the 90 day review period to attempt to resolve
its differences with the federal agency.

2. Federal Licenses and Permits

a. Except for 005 related permits and licenses described in
detail in OCS plans, applicants for federal licenses or
permits described in Part V or for renewals or amendments
to such licenses or permits shall provide a certification
that the proposed activity is consistent with the coastal
program. The certification shall be provided to the
State A-95 Clearinghouse in the following form:

"The proposed license/permit complies with
the approved Mississippi Coastal Program
and will be conducted in a manner consistent
with such program."

This certification must be accompanied by supporting informa-
tion in accordance with 15 CFR 930.57.

b. Based on comments of other coastal program agencies, BMR
shall notify the federal agency and the applicant of its
concurrence or objection to the consistency certification

VIII- 45

SECTION 4, PART III.C.2.b.

in an accepted form. Concurrence shall be provided in
the form of a coastal program consistency certification.
3. OCS Exploration, Development and Production Activities

a. OCS plans submitted to the U. S. Secretary of the Interior
for Outer Continental Shelf exploration, development and
production and all associated federal licenses and permits
described in detail in such OCS plans, shall be subject
to a determination of their consistency with the coastal
program. Department of the Interior's OCS prelease sale
"activities", such as determination of tracts to be offered
and choice of lease sale stipulations are subject to con-
sistency determination under Part III.C.l.

b. When satisfied the proposed activity described in detail
in the OCS plan meets the federal consistency requirements,
the OCS lessee or operator shall declare in a consistency
certification to the Secretary of the Interior as follows:

"The proposed activities described in detail in
this plan comply with the approved Mississippi
Coastal Program and will be conducted in a manner
consistent with such plan"

c. The Secretary of the Interior or his designee shall provide
to the State A-95 Clearinghouse a copy of the OCS plan
(excluding any proprietary information) and a consistency
certifi cation.

d. BMR will utilize the review process described under Federal
Licenses and Permits for purposes of consistency review of
OCS exploration, development and production activities.
Any- Department of the Interior OCS prerelease sale
activities, such as determination of tracts to be offered
and choice of leases sale stipulations, will be reviewed
under the process described in the Direct Federal
Activities section.

e. At the earliest practicable time, but within 60 days, the
BMR will notify the person and federal agency whether the
coastal program concurs with or objects to the consistency
certification. Concurrence shall be in the form of a
coastal program consistency certification as provided for
in Part III.A.

f. In the event BMR issues an objection to the person's OCS
plan certification, it will accompany its objection with
reasons and supporting information concerning each activity
which the state finds to be inconsistent with the coastal
program. The objection will include a statement informing
the person of a right to appeal to the Secretary of Commerce.

VIII-46

SECTION 4, PART III.C.4.

4. Federal Assistance to State and Local Governments

a. Federal assistance to state and local governments for projects
significantly affecting the coastal area may not be granted until
the activity is determined to be consistent with the coastal pro-
gram or unless the Secretary of Commerce finds that the proposal
meets the objectives of the federal Coastal Zone Management Act
or is necessary in the interest of national security.

b. Coastal program agencies shall use the A-95 Clearinghouse to
monitor proposed federal assistance projects in the coastal area.

c. Within 60 days after receipt of the information required for a
consistency review, BMR shall notify the federal agency and the
applicant whether the coastal program concurs or objects to the
consistency certification. Concurrence shall be in the form of
a coastal program consistency certification.

d. In the event of an objection on grounds of inconsistency with
the coastal program, BMR shall accompany the objection with
reasons and supporting information.

D. ENFORCEMENT

1. When any state or federal agency proceeds with an action found to be
out of compliance with the coastal program as a result of these policy
coordination procedures, BMR shall prepare a set of findings describingl
the proposed actions and its conflicts with the coastal program.

2. This set of findings shall be provided to the Attorney General with
a request for appropriate action; a copy of the findings shall also be
provided to the agency involved in the proposed action.

PART IV. STATE AGENCY ACTIONS SUBJIECT TO REVIEW

Part IV specified those state agency actions in the coastal area that are
subject to the policy coordination procedures of this section. Some of
these actions are reviewable and therefore subject to the entire review
procedure; some may be considered consistent, and therefore subject only
to notification. State agencies are encouraged to determine by interagency
agreement those actions that are consistent.

A. BUREAU OF POLLUTION CONTROL (including the Commission on Natural Resources
and Permit Board)

1. Issuance of new air or water pollution permits;

2. Renewal of such permits;

3. Substantive regulatory changes, including but not limited to
changes in the designation of water ouality areas, and modi-
fications to water quality parameters for these areas;

VIII-47

SECTION 4, PART IV.A.

4. Financial assistance administered through the Bureau;

5. The review and approval of plans and.-specifications for-sewage
collection systems for new subdivisions, extensions of municipal
systems, and for new or expanded privately or publically owned
wastewater treatment facilities;

6. Procedural changes in rules and regulations.

B. BUREAU OF GEOLOGY AND ENERGY RESOURCES

1. The leasing of any state owned minerals in the coastal area at
least 60 days prior to the advertisement for such lease;

2. Plans or programs for mineral leasing;

3. Surface mining-permits (subject to 45 day review period only);

4. Permit and lease renewals; and

5. Assessment documents by the Department of Natural Resources Rules
and Regulations Governing Leasing for Production or Extraction of
Oil, Gas and other Minerals from State-Owned Lands.

C. BUREAU OF LAND AND WATER RESOURCES

1. Issuance of water withdrawal or impoundment permits either in the
coastal area or on major coastal rivers and streams in George,
Stone, or Pearl River Counties when these water diversions are
not returned to the stream upstream of the coastal area;

2. Delineation of capacity-use-areas for groundwater;

3. Issuance of permits for groundwater utilization in capacity use
areas;

4. Permit renewals.

D. BUREAU OF PARKS AND RECREATION

1. Planning programs for park acquisition and development land
acquisitions;

2. Land acquisitions;

3. Plans and specifications for park development (review should take
place at preliminary plan stage);

5. Construction of parks.

VIII-48

SECTION 4, PART IV.

E. DEPARTMENT OF ARCHIVES AND HISTORY

1. Acquisition of real or personal property in the coastal area;

2. Issuance of permits for state archeological landmarks;

3. Renewal of permits.

F. SECRETARY OF STATE (LAND COMMISSIONER)

1. Any lease of state owned or public trust lands;

2. Renewals of such leases.

G. BOARD OF HEALTH

1. Promulgation of rules and regulations for hazardous waste
disposal and for sanitary landfills;
2. Substantive changes in such rules and regulations;
3. Issuance of permits for hazardous waste-disposal sites and
sanitary landfills;

4. Renewal of permits.

H. STATE HIGHWAY DEPARTMENT

1. Planning programs for new or improved highway systems;

2. Plans and specifications for new construction (review should
take place at the preliminary plan state);

3. Acquisition of land;

4. Right of way clearing;

5. New construction projects;

6. Maintenance work that requires dredging or filling in wetlands;

7. Grants, loans, or other forms of assistance awarded by the
department;

8. Landscaping and scenic enhancement projects;

9. Removah of roadside hazards and obstacles where natural scenic
qualities are affected;
10. Widening and overlay projects requiring fill in wetlands.

I. STATE BUILDING COMM.tISSION
1. Planning programs to determine long-term building needs.

VIII -49

SECTION 4, PART IV.I.

* ~~~~~2. Plans and specifications for the construction of buildings
(review should take place at preliminary design phase);

3. Land and other property acquisition; and

4. Construction of projects.

J. INSTITUTIONS OF HIGHER LEARNING

1. Building programs; and

2. Annual Sea Grant work program.

K. BUREAU OF MARINE RESOURCES

1. Wetlands permits and renewals;

2. Planning, research, acquisition and construction grants;

3. Changes in rules, regulations, guidelines and procedures;

4. Adoption of special area management plans; and

5. Oyster reef creation projects and oyster leases.

* ~~~~L. DEPARTMENT OF ECONOMIC DEVELOPMENT

1. Certificates of public convenience and necessity issued in
conjunction with industrial development efforts;

2. Financial assistance to local governments and private parties;

3. Construction activities at the Mississippi State Port at Gulfport.

M. OIL AND GAS BOARD

Permits issued for oi'l and gas operations in coastal wetlands, unless
such operation has been considered during the review of a proposed
lease in coastal wetlands.

N. PUBLIC SERVICE COMMISSION

Certificates of public convenience and necessity issued in connection
with construction activities of public utilities in the coastal area.

PART V. FEDERAL ACTIONS

The listing of federal actions in this part includes both reviewable
and consistency actions. Federal agencies are encouraged to
determine by interagency agreement those actions that can be con-
sidered consistent.

VIII -50

SECTION 4, PART V.

A. DIRECT FEDERAL ACTIVITIES AND ENFORCEMENT PROJECTS

1. U. S. Army Corps of Engineers

a. Dredging, channel works, breakwaters, other navigation
works, erosion control structures, flood protection,
beach replenishment and dams within the coastal area
and on or in major coastal rivers and streams.
b. Proposed federal acquisitions within the coastal
area.

2. Department of the Interior

a. Proposed Bureau of Land Management OCS lease sales,
including pre-lease sale activities.

b. Proposed National Park Service acquisitions within
the coastal area.

c. Proposed U. S. Fish and Wildlife Service activities.

3. Department of Defense

Location and design of new or enlarged defense installations
within the coastal area.
4. Department of Transportation

a. Location and design of new or enlarged Coast Guard
stations, bases and lighthouses within the
coastal areas.

b. Location and design of aviation communication and
air navigation facilities within the coastal area.

c. Railroad expansions, new construction, abandonments
or establishment of new routes within or affecting
the coastal area.

5. General Services

a. Proposed federal government property acquisition and
building construction within the coastal area.

b. Disposal of surplus federal lands within the
coastal area.

VIII-51

SECTION 4, PART V.A.

6. National Marine Fisheries Service (and Gulf of Mexico
Fisheries Management Council)

Preparation and approval of plans and implementing
mechanisms pursuant to management of fisheries within
200 nautical miles jurisdiction.

7. Department of Energy

Fossil fuel power plant conversion orders.

B. FEDERAL LICENSES AND PERMITS

1. Environmental Protection Agency

a. Permits and licenses required under Sections 402 and 404
of the Federal Water Pollution Control Act of 1972 and
Amendments.

b. Permits and applications for reclassification of land
areas under regulations for the prevention of significant
deterioration (PSD) of air quality.

2. U. S. Army Corps of Engineers

a. Permits and licenses required under Section 9 and 10 of
the Rivers and Harbors Act of 1899.

b. Permits and licenses required under Section 103 of the
Marine Protection, Research and Sanctuaries Act of
1972 (Ocean Dumping).

c. Permits and licenses required under Section 404 of the
Federal Water Pollution Control Act of 1972 and
Amendments.

3. Nuclear Regulatory Commission

Permits and licenses required for siting construction and
operation of nuclear power plants, fuel processing, and
disposal of nuclear wastes.

4. Bureau of Land Management

a. Permits and licenses required for mining of public lands
and pipeline corridors pursuant to the OCS Lands Act, if
such permits and licenses have not been previously
reviewed under an OCS plan.

b. Grants of authority for activities on federal lands or
with respect to federal mineral ownership in the
coastal area.

VIII- 52

SECTION 4, PART V.B.

5. Geological Survey

a. Permits and licenses under the Mineral Leasing Act of
1920, as amended and supplemented acquired Lands Mineral
Leasing Act of 1947 Geothermal Steam Act of 1970.

b. Permits to drill, rights of use and easements for construction
and maintenance of pipelines, gathering and flow lines and
associated structures, described in detail in OCS plans.

6. U. S. Coast Guard

a. Permits for construction of bridges under 33 USC 401,
4591-507, and 525-534.

b. Permits for deepwater ports (33 CFR 158 et sel.).

7. Federal Energy Regulatory Commission

a. Licenses for non-federal hydroelectric projects and primary
transmission lines under the Federal Power Act, including
projects in the coastal area and on major coastal rivers
and streams in Pearl River, George, and Stone Counties.

b. Orders for interconnection of electric transmission
facilities under the Federal Power Act.

c. Certificates of public convenience and necessity for the
construction and operation of natural gas pipeline facilities
including both interstate pipelines and LNG terminal
facilities under the Natural Gas Act.

8. Department of Energy

Authorization for import or export of natural gas.

9. Fish and Wildlife Service

Endangered species permits pursuant to the Endangered Species
Act.

C. FEDERAL ASSISTANCE

All projects involving federal financial assistance to state and local
governments in the coastal area through grants or contractual agreements,
loans, subsidies, guarantees, insurance, or other forms of financial aid
except federal revenue sharing shall be subject to policy coordination
under this section.

VI II- 53

SECTION 5: SPECIAL MANAGEMENT AREAS

PART I: INTRODUCTION

A. PURPOSES

The purposes of special management area designation are:

1. To apply the general provisions of the coastal program to
specific geographical areas.

2. To streamline regulatory decisions in these areas through
planning for and resolving permit conflicts in advance of
individual development projects being implemented.

3. To coordinate federal and state regulatory decisions with the
affirmative development efforts of the coastal program and of
local governments.

4. To provide assistance to local governments and state agencies
to plan for public facilities and services in areas whose use
is historically, economically, and culturally tied to coastal
waters.

B. LIMITATIONS

A SMA designation does not authorize the imposition of new regulatory
authorities. SMA designations are not mandatory and shall not be
construed to require local governments to agree to a plan for an area.
SMA plans shall not be adopted by MCWC without the concurrence of
the local government or state agency having jurisdiction.

PART II: SMA DESIGNATIONS AND PLANS

A. DESIGNATING SPECIAL MANAGEMENT AREAS

1. Those SMAs identified in the coastal program as of the date
these procedures and guidelines are adopted are hereby
designated as SMAs.

2. The following process shall be used to designate additional SMAs:

a. An area may be nominated by a concerned agency, organization,
or person. The nomination must include a specific descrip-
tion of the area and a justification for the nomination.

b. BMR will conduct an examination of the nomination to deter-
mine its merits, and more specifically to determine whether
a SMA designation is needed to manage the area properly in
light of the purposes specified in Part I. A public hearing
may be held at the discretion of the director. After com-
pleting its examination of the nomination, BMR shall make a
recommnendation to MCWC as to whether the nominated areas
should be designated as a SMA.

VIII1-54

SECTION 5, PART II.A.2.

c. MCWC, in its discretion, shall act on BMR's
recommiendati on. l
B. DEVELOPING AND ADOPTING SMA PLANS

1. The responsible local government and MCWC acting through BMR
shall enter into an agreement to develop a SMA plan. The
agreement may be at the initiative of either party. The
agreement shall state the scope of work to be performed, the
responsibilities of the parties involved, and the nature of
any involvement with other agencies or consultants.

2. Federal agencies, particularly the U. S. Army Corps of
Engineers, the Fish and Wildlife Service, the National Marine
Fisheries Service, and the Environmental Protection Agency,
shall be consulted and involved in the early stages of plan-
ning. BMR and the local government shall jointly develop a
draft of the plan in cooperation with federal agencies, with
BMR providing general oversight. During the course of the
plan's development, public hearings or meetings may be held.
If private lands are included in a SMA, a hearing shall be
held.

3. The draft SMA plan shall be submitted to the local government
or state agency and the MCWC for concurrence, and shall be
submitted to appropriate federal agencies as well.

4. A public hearing shall be held on the draft plan prior to its
formal adoption. Such a hearing shall be advertised and held
in the manner specified in Section 1, Part IV.A.

5. Based on the comments received during the public hearing, the
draft plan will be revised as appropriate, and considered for
final approval by the local government or agency involved, and
MCWC. Upon final approval by the MCWC, a notice shall be pub-
lished at least once a week for three weeks. The notice shall
describe the contents of the proposal.

6. When approved according to these procedures, the specific
provisions of a SMA plan shall prevail over the more general
provisions of the coastal program.

C. CONTENT OF PLANS

1. SMA plans shall define the boundaries of the area, and shall
provide a clear description of how the physical development
of the area is to be managed.

2. SMA plans shall recognize environmental and economic factors,
and where a plan is intended to prevail over the more general
provisions of the coastal program, the plan shall include
analyses of environmental impacts and alternatives comparable
to that ordinarily required for permit decisions.

VIII- 55

SECTION 5, PART II.C.

3. SMA plans shall specify the implementation responsibilities
of local, state, and federal agencies, and shall include any
interagency agreements and similar instruments necessary for
carrying out the plan.

SECTION 6: GUIDELINES FOR THE PRESERVATION OF NATURAL SCENIC QUALITIES

PART I: INTRODUCTION

A. PURPOSE

The purpose of this Section is to provide guidance for state and
federal agencies to encourage the preservation of natural scenic
qualities of the coastal area. Private parties and local govern-
ments are encouraged, but not required to consider these guide-
lines.

B. APPLICABILITY

All state and federal agencies carrying out responsibilities in
the coastal area are to consider these guidelines in their
decision-making under the provisions of Mississippi Code Section
57-1 5-6.

C. SMA PLANS

Where a conflict arises between these guidelines and a SMA plan
approved under the provisions of Section 5, the provisions of
the SMA plan shall prevail.

D. PROFESSIONAL SERVICES

Landscape architects and other design professionals should be con-
sulted for major projects in the coastal area to address the pre-
servation of natural scenic qualities. The guidelines are not
intended to substitute for professional judgement but rather to
point out design considerations, and to provide general guidance
when design professionals are not utilized.

PART II: GENERAL GUIDELINES

A. VISUAL ACCESS

1. Sites in areas of scenic importance or traditionally public
viewing points should be avoided by new developments. This
is particularly true for large scale developments.

2. The provision of public access to the shore, both physical
and visual is encouraged. Easements for public viewing
and waterfront access at property sidelines should be
considered.
VIII -56

SECTION 6, PART II.A.

3. Where visual buffer areas are created by design or as a
result of building setbacks, public access should be pro-
vided to these open lands for passive recreational use
and view access. Institutional developments easily lend
themselves to this type of access.

4. Highways and other public facilities near the shore should
be carefully designed to take advantage of waterfront views.

5. Public access areas should be provided in port areas and
small craft harbors, subject to safety and security re-
quirements. Public facilities such as restaurants and
fish houses, should be provided to allow the public to
enjoy the sights and activities of ports and harbors.

B. VISUAL BUFFERS

1. Facilities with strong utilitarian or harsh visual character
should be buffered by trees and other planting, fencing, earth
berms, and creative grading. Within industrial areas, indi-
vidual sites do not require vegetated buffers between them.

2. Tree planting and other vegetative screening should be
employed at public edges to reduce the visual impact.

3. Campgrounds should provide for privacy in individual
sites through ample vegetative planing and screening.

4. Mobile home courts and parks should be similarly planted
and screened; units should be clustered and common open
space provided. No trailers should be allowed in beach
area.

C. BUILDING EXTERIORS

1. In the case of large-scale facilities, building mass
should be broken into component units, if this would
permit some units to be better integrated into site
topography. Roof form and silhouette should be var-
ied and styled to harmonize with the surrounding
landscape and to blend with the natural tree line.

2. Except in highly developed areas, structures should
reflect the natural surroundings and typical colors
of existing coastal architecutre. Earth colors and
sky blue can be universally used for general surfaces;
black, navy blue, and battleship gray are appropriate
for industrial or other building types which are meant
to recede visually.

VII 1-57

SECTION 6, PART II.C.

3. Building materials and texture should reflect surrounding
natural materials. Articulation of elements on facades
and the use of wood or slatting of synthetic materials
are ways in which this may be accomplished.

4.1 Administration buildings and all structures whose design
is not restricted by operational criteria should be de-
signed to blend with surroundings, in terms of height,
silhouette, mass, materials and color.

5. Blighted and derelict facilities should be removed, re-
stored or rehabilitated for new uses to reduce the
degradation of natural scenic qualities.

D. GENERAL LANDSCAPING

1. Natural vegetation shall be preserved wherever practicable.
It is the intent of this guideline to require the deliberate
consideration of preserving natural vegetation through good
design. Landscaping should be used to enhance, not replace,
natural scenic qualities.

2. Living plant materials should be used to harmonize structures
with the landscape. Unsightly facilities should be masked
with foreground pla ntings to be made less readily visible
from the shore or water.

3. Earth berms, mounds and other topographic modifications should
be used to mask unsightly structures where this would blend
with the surrounding terrain. Where hilly or rolling topo-
graphy occurs naturally, earth forming should be used to enclose
and conceal utilitarian structures and facilities.

4. Plantings should be used to stabilize shoreline erosion and
to screen development along roads and other access routes.
Species, planting patterns, massing, and plant heights
should be compatible with the structural masses they are
intended to disguise or enhance.

5. Thinning of trees preferable to clear-cutting.

6. Natural shrubbery and trees such as live oaks should be pre-
served when practicable, and where removed, replaced with
other vegetation equally effective with respect to natural
scenic qualities.

7. Special consideration should be given in the design of new
developments for maintenance, care and long range health of
the natural Vegetation.

8. Cluster and planned unit development should be encouraged to

VIII- 58

SECTION 6, PART II.D.8.

insure preservation of natural scenic qualities. These I
developments should be guided by long-range plans which
integrate the public natural areas in different develop-
ments-to form a continuous public system of open space.

9. Planting of mature plant specimens should be done in
urban fringe areas to maintain vegetative continuity.

10. Tree preservation ordinances, sign ordinances, and minimum
landscape ordinances for commercial structures should be
adopted for urban and semi-urban areas.

E. SITE FURNITURE

1. The shore environment is particularly sensitive to the
visual intrusions caused by billboards, utility poles
and transmission lines, fences, and other similar
fixtures.

2. Fencing, wastebaskets, park benches and lighting fixtures
should be designed and built of materials which reflect
the character of the coast, both in historic and archi-
tecturally valuable urban areas and in new developments.

3. Signing controls should be applied in all coimmercial areas
to limit height, size, and lettering coverage of signs on
buildings and those along roadsides and highways.

F. UTILITIES

Utility lines should be underground where practicable, and those
located above ground should be designed and located so that they
avoid scenic areas, blend with the surrounding landscape or are
screened from public view. These guidelines recognize that it
is not practicable to locate high voltage transmission lines
underground.

PART III: GUIDELINES FOR SCENIC AREAS

A. BEACHES

1. Permanent structures should not be built on the open beach
itself except facilities such as piers, public restrooms,
and lifeguard stations.

2. Beaches should be well supplied with trash receptacles
and sanitary facilities.

VIII -59

SECTION 6, PART III.A.

3. When additional parking is needed in high beach use areas,
the new parking areas should be set back from the beach
and safety devices for highway crossings should be used
where appropriate. The parking lots should be marked and
concealed with plantings, trees, earth mounds and berms.

B. ISLANDS AND DUNES

1. Any structure should blend visually with the natural landscape
and should extend above the natural silhouette of the island,
excluding lighthouses and aids to navigation.

2. Except for low visually unobstrusive access facilities such
as boardwalks and piers, structures should not belbuilt
seaward of primary dunes, and should not destroy primary
dune vegetation.

3. New development should not destroy dune vegetation, prevent
natural movement of sand or conflict the visual dune forms.
4. Vehicular and pedestrian traffic in dune areas should be
channeled to those locations designed to handle the usage.

C. SHORELINES

1. Development, particularly tall structures, should be set
back from the edge of natural coastal waters, rivers and
bayous to preserve the visual quality of the waterbody,
and to protect shoreline vegetation.

2. New structures should not extend seaward farther than
adjacent structures in the area.

3. Facilities which are not dependent on a waterfront location
should be located away from the shore, for environmental
as well as aesthetic reasons.

4. The natural appearance and visual attractiveness of the shore-
line should be maintained. The upland vegetation against which
wetlands are generally viewed should be maintained in the natural
state, and structures built at the edge of coastal wetlands in
predominantly undeveloped areas should be designed to blend with
the surrounding area.

SECTION 7: GUIDELINES FOR THE CONSIDERATION OF THE NATIONAL INTEREST

In addition to the national interest reflected in existing state policies
incorporated into the coastal program, state agencies shall consider the
following aspects of the national interest:

VIII- 60

SECTION 7

A. The need for national defense and to establish and maintain
facilities necessary to accomplish this;

B. National energy policy;

C. The need to improve public recreational opportunities;

D. The national need for transportation, including ports and navigation;

E. The protection of endangered flora and fauna, including those
species listed in Table VIII-1. BMR shall consult with the
Mississippi Natural Heritage Program and the U. S. Fish and
Wildlife Service concerning projects which may affect endanger-
ed flora and fauna.

F. The consideration of wild and scenic rivers and the coordination
of activities affecting such rivers with efforts under the Wild
and Scenic Rivers Act;

G. The reduction of the loss of life and property damage from natural
hazards, including flooding and erosion. In this connection,
consideration shall be given to protecting the physical integrity
of Mississippi's barrier islands so that they may continue to
shelter the coastal area from the devastation.

TABLE VIII-l

ENDANGERED (E) OR THREATENED (T) VERTEBRATES OF MISSISSIPPI
SPECIES DESIGNATION
State Federal
Atlantic Sturgeon (Acipenser oxyrhyncus) E
American Alligator (Alligator mississtppiensis) E E
Southern Hog-nosed Snake (Heterodon simus) E -
Rainbow Snake (Farancia erythro ra--am- E -
Eastern Indigo Snake - Drymarchon corals couperi) E T
Black Pine Snake (Pituophis melanoleucus lodin) E
Atlantic Green TurtTle (Cheonia mydamy diis) E T
Atlantic Loggerhead Turtle( Caretta caretta caretta) E T
Atlantic Ridley Turtle (Lepidochelys kempii) E E
Hawksbill Turtle (Eretmochelys imbricata) E E
Leatherneck Turtle (Dermochelys coriacea) E E
Eastern Cougar (Felis concolor) E E
Brown Pelican (Pel-canus occidentalis) E E
Bald Eagle (Haliaeetus leucocehalus) E E
Peregrine Facon Faco pereqrinus) E E
Mississippi SandhlT ane (Grus canadensis pulla) E E
Red-cockaded Woodpecker (Picoides borealis) E E
Southern Coal Skink (Eumeces anthracipinus uvialis) T
Yellow-blotched Sawback Turtle (Graptemys flavimaculata) T
Manatee (Trichechus manatus) E
Black Bear (Ursus americanus) T
Blue Whale (Balaenoptera musculus) E E
Bowhead Whale (Balaena mysticetus) E E
Finback Whale (Balaenoptera physalus) E E
Humpback Whale (Me atera novaeanqliae) E E
Right Whale (Balaena ilacti ) E E
Set Whale Balaenoptera borealis) E E
Sperm Whale (Physeter catodom) E E

Note: Mississippi does not have any endangered or threatened species
of invertebrates designated.

VIII-61

CHAPTER NINE
FEDERAL REQUIREMENTS
Contents
Section 1: Index to Federal Requirements

Section 2: Uses Subject to Management
.Section 3: Boundaries
Section 4: Special Areas and Priorities of Use
Section 5: Authorities and Organization
Section 6: Participation in Program Development
Section 7: National Interest

IX-1

CHAPTER IX: FEDERAL REQUIREMENTS

SECTION 1: INDEX TO FEDERAL REQUIREMENTS

Table IX-1 provides a quick reference for determining how the provisions
of the Mississippi Coastal Program meet federal requirements for approval
under Section 306 of the Coastal Zone Management Act. Table IX-1 directs
the reader to various sections and chapters of the program wherein the
federal requirements are met. In cases where the requirements are not
covered in the main body of the program (Chapters I through VIII), the
succeeding sections of this chapter describe how the requirements are
met

SECTION 2: USES SUBJECT TO MANAGEMENT

IDENTIFICATION OF USES

An identification of the activities and uses subject to management in
the MCP is provided in Section 5, Chapter II, along with references to
appropriate sections of the MCP where explanations of how the activities
and uses will be managed are to be found. Various sections of the MCP
describe, how the activities and uses will be managed, identify en-
forceable policies, legal authorities and other management techniques.
In addition, Chapter VIII, Rules, Regulations, Guidelines, and Procedures,
describes the standards that will be used in making decisions as to how
activities and uses will be allowed, conditioned, modified, encouraged,
or prohibited.

USES OF REGIONAL BENEFIT (15 CFR 923.12)

The Mississippi Coastal Program is concerned about specific uses of
regional benefit to the extent that local land and water use regulations
may unreasonably restrict or exclude them. The statutory authority for
establishing such regulations in Mississippi is found in Section 17-1-1
through 17-1-37 of the Mississippi Code establishing zoning, planning,
and subdivision regulations for local governments. This is supplemented
by the Airport Zoning Law, Section 61-7-1 through 61-7-29. The re-
strictions that local governments can place on uses of regional benefit
include the control of land use and the control of height, size, coverage,
setbacks, open spaces, and population density.

These regulations are frequently developed from the limited point of view
of protecting local interests. But the authority to issue local land use
controls is not without constraints. This power is necessarily subject to
the limitations imposed by legislative and judicial decisions. Through

I X-2

TABLE IX-1

INDEX TO FEDERAL REQUIREMENTS

Location of Description
Sections of in Document
Requirements Approval Regulations (CHAPTER/SECTION)

Sec. 306(a), which includes the requirements of Sec. 305:
305(b)(1): Boundaries . . . . . . . . . . ..... 923.31, 923.32
923.33, 923.34 IX/3
305(b)(2): Uses subject to management ....... 923.11 II/5, IX/2
305(b)(3): Areas of particular concern ....... 923.21, 923.22, 923.23 IX/4
305(b)(4): Means of control . . . . . . . . . . . . 923.41 IX/5
305(b)(5): Guidelines on priorities of uses . . . 923.21 VI/2, VI/3, VIA
305(b)(6): Organizational structure . . . . . ... 923.46 11/1
305(b)(7): Shorefront planning process ....... 923.24 VI/3
305(b)(8): Energy facility planning process . ... 923.13 VII/l
305(b)(9): Erosion planning process . . . . . ... 923.25 VII/2
Sec. 306(c), which includes:
306(c)(1): Notice; full participation: consistent
with Sec. 303. . . . . . . . . . .... 923.58, 923.51
~X 923.55, 923.3 IX/6
!A) 306(c)(2)(A): Plan coordination . . . . . . . . 923.56 IX/6
306(c)(2)(B): Continuing consultation mechanisms. . 923.57 IX/6
306(c)(3); Public hearings . . . . . . . . . . . . 923.58 IX/6
306(c)(4): Gubernatorial review and approval. . . 923.48 IX/51etter of ndorsement
306(c)(5): Designation of recipient agency. .... 923.47 II/51etter of endorrseent
306(c)(6): Organization . . . . . . . . . . .... 923.46 IX/1
306(c)(7): Authorities. 923.41 IX/5
306(c)(8): Adequate consideration of national
interests. .... . . . . . . . ... 923.52 VIII/4, IX/7
306(c) (9): Areas for preservation/restoration . . . 923.22 VII/3
Sec. 306(d), which includes:
306(d)(1): Administer regulations, control
development; resolve conflicts ..... 923.41 IX/5
306(d)(2): Powers of acquisition, if necessary. .. 923.41 IX/f
Sec. 306(e), which includes: 923.42, 923.43, 923.44 IX/S
306(e)(1): Technique of control . . . . . . . ... 923.12 IX/2
306(e)(2): Uses of regional benefit . . . . . . .

Sec. 307, which includes:
307(b): Adequate consideration of Federal agency
views .923.51 IX/6
307(f): Incorporation of air and water quality
requirements. . . . . . . . . . . . .. 923.45 VIII/4, IX/5

statutes and judicial actions, Mississippi can assure that uses of re-
gional benefit will not be unreasonably restricted by local land use
regulations.

For the purpose of the Mississippi Coastal Program, uses of regional bene-
fit are defined as those facilities or activities that benefit more than
one unit of government, with particular attention paid to uses that local
regulations may restrict because the adverse impacts of the facil ity
accrue to the local area while the benefits are delivered to a wider con-
stituency. It is in such a case that local regulations are most likely
to restrict uses because the external benefits of the use are not enjoyed
entirely by the local community.

Using these criteria, the following uses of regional benefits have been
identified for the Mississippi Coastal-Program.

ENERGY FACILITIES

Power Plants and Associated Facilities
Energy Distribution and Transmission Systems
LNG Fac!iiti es
Onshore Facilities and Industries Supporting Offshore Energy Developt

RECREATION FACILITIES

Federal and State Parks
Major Public Beach Areas

TRANSPORTATION

Major Highways
Railroads
Airports
Parts

These different uses involve different assurances that unreasonable re-
strictions at the local level will not stand, and therefore, are treated
separately below:

Power Plants

Studies completed in the development stages of the Mississippi Coastal
Program indicate that no new power plants are likely to be constructed
in the coastal area.. The coast presently has a surplus of generating
capacity; this surplus will continue for the next decade. This situation
is only reinforced by the construction of the second of two steam generating
units in Jackson County. Section I of Chapter VII (the energy facility
planning process) elaborates on this subject, and demonstrates the adequacy
of existing sites to meet projected need.

IX-4

In the unlikely event that a new power plant is constructed on the
coast, local land use regulations may restrict its construction through
zoning, either directly by prohibiting it as a use, or indirectly by
omission from the ordinances. In this case, the power plant interests
may petition for a rezoning. (Section 17-1-15). Failing in administra-
tive channels, the power plant may petition to have the issue settled
in court.

Before constructing a power plant, a utility must first secure a certi-
ficate of public convenience and necessity from the Public Service Com-
mission (Section 77-3-11). With this legislative recognition of public
need in hand, a utility has a judicially defined claim to a rezoning
based on the case of Hattiesburg v. Pittman. In this case the Mississippi
Supreme Court found, inter alia, that the most important reason justifying
the petitioner's request for rezoning was that they showed "the public
need of the improvements." The court ruled the city's refusal to rezone
was "manifestly arbitrary and capricious and unsupported by any substantial
evidence." While this case dealt with the need for sleeping accommodations
in the city, the court clearly stated that the public need criteria was the
most important in overturning the city's refusal to rezone.

This case shows that the power company would have a stong claim to a
zoning change if there is a public need.

Energy Distribution and Transmission Systems

These systems enjoy the right of eminent domain under the provisions of
0 ~~Section 11-27-47 of the Mississippi Code.
LNG Facilities, Onshore Facilities, and
Industries Supporting Offshore Energy Development

All of these uses of regional benefit are essentially industrial activities
requiring industrial sites. To assure that these uses are not unreasonably
restricted, it is adequate to show that sufficient sites are available, and
that if local ordinances are changed, these changes will not result in an
insufficient number of sites.

The table below, adapted from an early report of the Mississippi Marine
Resources Council's - Mississippi Outer Continental Shelf Impact Study,
shows the current available supply of industrial sites on the coast.

NAME OF SITE AVAILABLE ACRES

HANCOCK COUNTY
Port Bienville Industrial Park 1,169
Stennis Field Industrial Park 40

HARRISON COUNTY
Pass Christian Industrial Park 96
Is ~~Long Beach Industrial Park 500

I X-5

HARRISON COUNTY (Continued)
Bayou Bernard Industrial Park 501
East Harrison County Industrial Park 50

JACKSON COUNTY
Ocean Springs Industrial Park 9
Mississippi Power Company Industrial Park 1 ,850
Brickyard Bayou Industrial Park 575
Escatawpa River Industrial Park 1 3750
West Bank Industrial Site No. 2 65
West Bank Industrial Site No. 1 6

Bayou Casotte Industrial Park
Site No. I 261
Site No. 2 643
Site No. 3 800
Site No. 4 830
Site No. 5 1,440
Site No. 6 22
Site No. 7 25
Site No. 8 20
Site No. 9 293
Site No. 10 184
Potential LNG Site (Estimated) 200

TOTAL 11,329

Based on the Mississippi Outer Contintental Shelf Impact Study on local
industry sources, the following site demands for these uses of regional
benefit were estimated:

OCS related facilities and industries 284 acres
Non-OCS Offshore related facilities and industries 200 acres
LNG Facility 200 acres

TOTAL 684 acres

Compared to the 11,329 acres available, the 684 acre demand for uses of
regional benefit clearly can be met. As long as local regulations cannot
unreasonably restrict these sites, adequate assurances for uses of regional
benefit can be made.

All of the sites listed are either currently unzoned, or are zoned industrial.
The unzoned areas in Hancock and Harrison Counties are included in compre-
hensive plans for the area, and are designated as industrial uses in these
plans. Since the establishment of zoning in these areas would have to be
based on a comprehensive plan (Section 17-1-9 of the Mississippi Code),
these areas should be zoned for industrial use when such regulations are
established. The same section of the law requires that any zoning regula-
tions must be made with reasonable consideration of the characteristics
of the district and its suitability for particular uses. Since all of the
industrial sites mentioned are in already developed industrial areas, any
newly established zoning must recognize the fact that these must be zoned
for industrial uses.

I X-6

In the case of sites already zoned for industrial use (the East Harrison
County Industrial Park and all sites in Jackson County), rezoning to other
0 ~ ~uses can take place only if it can be shown that there was some mistake
in the original zoning, or that conditions have changed since the original
zoning (City of Jackson v. Bridges). In addition to this, the Mississippi
Supreme Court has held that any change in the zoning must be reasonably
related to the public welfare, and that the burden of proving public need
for a change is on the person seeking a change. Since the legislature
has already declared it to be in the public welfare to establish these
industrial parks (Section 57-5-1), the possibility of unreasonably re-
stricting these uses of regional benefit through local regulation is re-
mote under Mississippi Law.

Major Federal and State Parks

Major state and federal parks in the three coast counties total 4,451 acres.
This includes the Gulf Islands National Seashore, Buccaneer State Park,
the new Shepherd State Park in Jackson County, and McCloud Park in Hancock
County. Based on studies of the Gulf Regional Planning Commission, the
need for parks of this type will total 2,361 acres by the year 2,000.
Clearly, because of the large existing supply of parks of this type, the
issue of local regulations unreasonably restricting these uses of regional
benefit is not relevant to the coastal program.

Major Public Beaches

The major public beaches of the area include the Harrison County Beach on
U. S. 90, and the Bay St. Louis/Waveland Beach along Beach Boulevard in
Hancock County, the Ocean Springs Beach and the Pascagoula Beach. All of
these beaches are artificially created and fully protected from unreasonable
restrictions by virtue of being built on public trust waterbottoms. In the
case of the Harrison County Beach, additional protection is afforded by a
federal court decision in the U. S. v. Harrison County Mississippi, 265 F.
Supp. 76 (S.D. Miss. 1967). In this case, the court ruled that because of
the perpetual dedication of the beach to public use, the rights of the
general public to use the beach could not be interfered with.

Transportation

The right of eminent domain exists for major highways (Section 65-1 -47
of the Mississippi Code), for railroads (Section 77-9-169), for airports
(61-3-15), and for ports (59-5-39, and 59-9-19).

SECTION 3. BOUNDARIES

There are four elements in the state's coastal boundary: the inland boundary,
the seaward boundary, excluded areas, and interstate boundaries.

IX-7

Inland Boundaries (15 CFR 923.31)

For the purposes of the coastal program the boundary encompasses the three
coastal counties of Hancock, Harrison and Jackson and all coastal waters.
The inland boundary is clear and exact enough to permit the determination
of whether property or an activity is located within the management area,
and includes:

1. Those areas in which management is necessary to control uses
which have a direct and significant impact on coastal waters.

2. Special management areas

3. Waters under saline influence

4. Salt marshes and wetlands

5. Beaches

6. Transitional and intertidal areas

7. The 100 year floodplains

8. Islands

Seaward Boundaries (15 CFR 923.32)

The seaward limit or boundary encompassed by the Mississippi Coastal
Program is the outer limit of the United States territorial sea.

Figure 11-2, Section 3, Chapter I delineates the inland and seaward extent
of the state's coastal program boundaries.

Excluded Lands (15 CFR 923.33)

Excluded from the coastal area are those lands owned, leased, held in.
trust or whose use is otherwise by law subject solely to the discretion
of the Federal government, its officers or agents. Table IX-2, which
follows, lists those major lands excluded from the coastal area.

Interstate Boundaries (15 CFR 923.34)

Alabama - The coastal zone boundary in Alabama is the 10' MSL contour in
Mobile and Baldwin Counties.
Louisiana - The coastal zone boundary in Louisiana is Interstate Highway 10.

The inland boundaries of both states were established prior to those of the
State of Mississippi, but the determination of the boundary was made after
consul tati on with neighboring states.

Additional general discussion of boundaries can be found in Chapter II,
Section 3 of this program. I

IX-8

TABLE IX-2

EXCLUDED FEDERAL LANDS IN MISSISSIPPI'S COASTAL AREA

SITE AGENCY COUNTY

Air National Guard Training Site
Gulfport Municipal Airport United States Air Force Harrison
Air National Guard Petroleum
Storage Area, Gulfport United States Air Force Harrison

Gulf Islands National Seashore Harrison
Ship, Horn and Petit Bois Jackson
Islands National Park Service (KS Sound)
Gulf Islands National Seashore
Visitor Center, Ocean Springs National Park Service Jackson

DeSoto National Forest United States Forest Service Harrison
Jackson

Keesler Air Force Base, Biloxi United States Air Force Harrison
Keesler Air Force Base Housing United States Air Force Harrison

Keesler Radio Beacon Annex United States Air Force Harrison
Keesler Small Arms Range Annex United States Air Force Harrison
Keesler Training Annex No. 1. Biloxi United States Air Force Harrison

National Space Technology National Aeronautics and Space
Laboratories-Fee Simple Areas Administration Hancock

Naval Rome, Gulfport United States Navy Harrison
Sandhill Crane National Wildlife
Refuge Fish S Wildlife Service Jackson

U. S. Naval Construction Battalion
Center, Gulfport United States Navy Harrison
Veterans Administration Center
Biloxi and Gulfport Veterans Administration Harrison

Coast Guard Station
Pascagoula United States Coast Guard Jackson

NOTE: Not includeo in this table, but likewise excluded from the coastal area. are
individual building sites such as post offices and saml] National Guard
installations.

IX-9

SECTION 4: SPECIAL AREAS AND PRIORITIES OF USE

AREAS OF PARTICULAR CONCERN -(15 CFR 923.21)

Three special management areas '(SMA's) have been described in Chapter VI.
These areas are: industrial and port areas, shorefront access areas, and
urban waterfronts. The program provides for the development of specific
management plans for these areas. Once the SMA plans are approved by
the state, they will provide the basis for regulatory decisions to be
made by state and federal agencies. By interagency agreements, local
governments will assist in the implementation of special management area
plans.

PROCESS FOR SELECTING SPECIAL AREAS

Two methods were used to make an initial identification of areas of
particular concern (APC's), and ultimately SMA's. First, guidelines
established by the National Oceanic and Atmospheric Administration were
used to delineate and categorize APC's. These criteria are listed below:

1. Areas of unique, scarce, fragile or vulnerable natural
habitat, physical feature, historical significance, cultural
value and scenic importance;

2. Areas of high natural productivity or essential habitat for
living resources, including fish, wildlife, and the various
trophic levels in the food web critical to their well being; I
3. Areas of substantial recreational value and/or opportunity;

4. Areas where developments and facilities are dependent upon the
utilization of or access to coastal waters;

5. Areas of unique geologic or topographic significance to indus-
trial or commercial development;

6. Areas of urban concentration where shoreline utilization and
water uses are highly competitive~

7. Areas of significant hazard if developed, due to storms, slides,
floods, erosion, settlement, etc.; and

8. Areas needed to protect, maintain or replenish coastal lands
or resources, such areas including coastal floodplains, aquifer
recharge areas, sand dunes, coral and other reefs, beaches,
offshore sand deposits, and mangrove stands.

Second, in identifying potential areas of particular concern, other coastal
states were consulted regarding the procedures used in their APC designa-
tion process. This method resulted in the identification of 87 general

IX-10

categories, many of which were later found to be duplicative or not rele-
vant to Mississippi. After reviewing the information from 23 states,
BMR developed three major categories of APC's: physiographic, biologic,
and socio-economic. Twenty subcategories were also classified under each
major heading.

Further review of proposed APC's in late 1978 and early 1979 reduced their
number to ten. Many of these ten areas are managed adequately by the
routine regulatory functions of the state, and therefore did not require
special designation. Considering this, BMR reduced the number of APC's
to three, and redesignated them as special management areas (SMA's) to
reflect their purpose more accurately. This final selection was based
on a programmatic decision to designate an area as a SMA because it is
so unique as to justify specific planning and management on a site-specific
basis5.

Presently selected SMA's are described fully in Chapter VI. The method by
which other areas of concern can be designated (in accordance with 15 CFR
923.23) is outlined in Chapter VIII.

As the concept of special management areas evolved during the development
of the coastal program, the BMR staff began to search for the appropriate
tools to manage areas of coastal wetlands previously considered in the APC
selection process. As stated above, many of the APC's could be managed
through the routine regulatory functions of the state. That decision having
been made, the next question was how to structure the routine regulatory
functions of the state to address the APC's. The coastal wetlands use plan,
mandated by Mississippi Code Section 49-27-65 appeared to be the best
management tool available.
Former APC's (such as spoil islands, oyster reefs, seagrass beds, and
estuarine sanctuaries) became the skeleton of the coastal wetlands use plan.
The concept first appeared in the program document issued in January, 1979.
The plan was refined through the routine program review process, appearing
in the 305(d) program document in May, 1979. The wetlands use plan received
its most extensive exposure through the March 21, 1980 public hearing draft,
and the May 12, 1980 DEIS version of the program.

More detailed information on APC's and the public interest considerations
behind them may be found in the May 1979 draft of the program, as well as
in earlier drafts and in the supplementary studies listed in Appendix J.

PRIORITIES OF USE

In the discussion of special management areas in Chapter VI, priorities
of use are treated in a general way by outlining the broad priority uses
for each of the three types-of SMA's. It is premature to specify in any
detail the priorities of use within a specific SMA, in that the function
of the SMA planning process is to determine these priorities. However,
the general priorities described in Chapter VI are sufficient to indicate
the lowest use priorities for a given type of SMA.

IX-11

SECTION 5: AUTHORITIES AND ORGANIZATION

GENERAL

Sections one and two of Chapter II provide an overview of the authorities
and the organization which Mississippi will use to manage specified acti-
vities and uses in the coastal area. More specific discussions are to
be found in Chapter III, Wetlands Management; Chapter IV, Fisheries
Management; and Chapter V, Policy Coordination. Appendices A, B, C., D, E,
and F provide the text of the statutes on which the program is based.

The authorities used to implement the MCP are sufficient to manage
activities and uses in the coastal area to insure compliance with the
program and to resolve conflicts among competing uses by virtue of Section
57-15-6 of the Mississippi Code. In implementing the MCP, Mississippi will
be exercising direct state control over specified activities in the coastal-
area through a networking process. This is referred to as "Technique B" in
15 CFR 923.43.

ACQUISITION AUTHORITY

Section 57-1-6(6) of the Mississippi Code authorizes the Mississippi
Commission on Wildlife Conservation to acquire real personal property
by purchase, condemnation, lease or agreement as authorized from time
to time by the legislature where necessary to implement the coastal
program.

AIR AND WATER POLLUTION CONTROL (15 CFR 923.45)

The Mississippi Bureau of Pollution Control administers the provisions of
the Clean Water Act in Mississippi. The authority of this agency is
incorporated into the program by virtue of Section 57-15-6 of the Missis-
sippi Code, and is exercised through the policy coordination procedures
in Chapter V.

GUBERNATORIAL REVIEW AND APPROVAL (15 CFR 923.48)

This review and approval is provided by letter of endorsement from the
Governor.

DESIGNATION OF RECIPIENT AGENCY (15 CFR 923.47)

The Department of Wildlife Conservation (DWC) is designated as the recipient
agency pursuant to 15 CFR 923.47. The Bureau of Marine Resources within DWC
will have administrative responsibility for the program. The Governor's
letter of endorsement reflects this.

IX-12

SECTION 6: PARTICIPATION IN PROGRAM DEVELOPMENT (15 CFR 923.3,

923.51, 923.55, 923.56, 923.57, 923.58)

GENERAL PUBLIC PARTICIPATION

Information concerning the program was dissiminated to the public on
a continuing basis during the development phase. This included news
releases, brochures, illustrated booklets, a detailed newspaper
supplement, personal presentations, three series of public meetings,
advisory committees, workshops, two-public opinion surveys and dis-
plays at public events. Public participation in the development
phase of the MCP was solicited in the form of comments, suggestions,
and criticisms during public meetings, presentations to groups, in
brochures and other publications, and in direct requests to specific
individuals and groups.

Publications

Brochures and other publications have been a vital part of public
involvement in the development process. One publication was
"Mississippi's Coastal Area: Its Future". This was distributed
through the mail to approximately 12,500 persons in the state's
coastal area. The color brochures addressed issues and problems
in the coastal area, goals and objectives of the program and the
0 ~ ~~role of the former MMRC as the program development agency. It
provided a self-addressed form to be returned for inclusion on a
comprehensive mailing list.

Another publication was "Land, People, Water: Mississippi's Concern".
This was a larger booklet re-emphasizing problems facing the coastal
area, with use priorities, organizational structure, and agency
coordination. It also contained a form for the recommendation of
areas of particular concern. The booklet was distributed to
approximately 64,000 coastal residents through local daily news-
papers as a supplement.

Three more phamplets, "Questions and Answers about Coastal Zone
Management," "Coastal Zone Boundaries," and "What is the Mississippi
Marine Resources Council" (now the Bureau of Marine Resources) were
used extensively during the first series of public meetings. The
phamplets addressed many aspects of a coastal program.

In addition, copies of a publication produced by the Office of
Coastal Zone Management, "It's Your Coast... .Get Involved", were
obtained and distributed at meetings.

Public Meetings

A number of public meetings were held in order to increase public
* ~~~awareness and involvement.

IX-13

Direct involvement by the public in development of a coastal program for
Mississippi began with the first series of public meetings on the subject
of boundaries of the coastal zone. Held in Gulfport, Biloxi, Pascagoula,
Bay St. Louis and Picayune, these meetings included detailed presentations
by staff members and time for statements, comments and questions from the
audience. Printed transcripts of those meetings were later prepared and
mailed to everyone registered as attending.

The Bureau (then the Marine Resources Council) conducted its second series
of public meetings addressing geographic areas of particular concern and
priority of uses. The presentations described the method by which areas
of concern could be designated and listed the types of areas that might
be considered. There were four meetings held in this series, at Gulfport,
Biloxi, Pascagoula and Bay St. Louis. Transcripts of this series were
again printed and distributed as before.

A third series of meetings was held to explain the progress that had taken
place in program development.

Held in the Gulfport-Biloxi area and in Pascagoula and Bay St. Louis, the
meetings included a presentation of the boundary as proposed at that
time and a review of future steps in the program.

Citizens Advisory Committee

A citizens advisory commnittee was organized to provide input relative to
the individual members' expertise in reviewing particular aspects of
the coastal program as it was being developed. The Committee included
representatives of special interest groups, clubs, organizations and the
public-at-large.

The interests represented on the advisory cormmittee are shown in Table
IX- 3.
TABLE IX-3
CITIZENS ADVISORY COMMITTEE
Chambers of Commerce Real Estate
Biloxi Builder
Gulfport Realtor
Hancock County Coast Electric Power Association
Long Beach Singing River Power Association
Ocean Springs Mississippi Power Company
Pascagoula/Mass Point Petroleum and Mineral Extraction
Pass Christian Natural Gas Company
Hotel/Motel Association
Financial Institutions Restaurant Association
Banks Seafood Processor
Savings 8 Loan Associations Labor
Mississippi Forestry Association
Fishing Interests Ccxmmunity Action Agency
Bass League of Women Voters
Coemmercial Gulf Coast Council Garden Clubs
Mississippi Fishing Banks, Inc. Historical Society
Sports/Charter Ducks Unlimited
Audubon Society
Industry Coastal Zone Management Alliance
Chemical Save the Bay, Inc.
Fertilizer Sierra Club
Petroleum Public-at-large
Small Craft Construction
Wood Products
Marina Operators
Hancock County
Harrison County
Jackson County

IX-14

is ~~Surveys
The Mississippi Marine Resources Council (now BMR) conducted the first
opinion survey on coastal program development. That survey, conducted
by the Mississippi-Alabama Sea Grant Consortium under contract to the
Council, provided an opportunity for local citizens to express their
general feelings about the area in which they lived.

The second survey contacted coastal residents to find out how they felt
about certain items that a coastal program might address. Again con-
ducted by the Consortium, this second survey was a logical follow-up
to the first.

These surveys were mailed to approximately 17,000 people in the coastal
area and approximately 6,700 people responded.

Audio Visual Slide Show

Other public involvement has included individual meetings with civic clubs,
organizations, and special interest groups. At many of these meetings an
audio-visual slide show was shown to better increase awareness. This pre-
sentation was shown to over 80 civic clubs and groups in the coast area
since January 1976 and was seen by over 1,200 people. The presentation
was last shown in 1979. Staff members making these presentations have
brought their audiences up to date on the progress of the program and ans-
wered questions raised about the program. Table IX-4 lists the organizations
receiving the presentations.

TABLE IX-4
PRESENTATIONS TO ORGANIZATIONS

ORGANIZATION NO. OF ATTENDEES
Kiwanis Club of Biloxi 30
Biloxi Businessmen Club 28
Bay St. Louis Rotary Club 30
Young Lawyers Secion of Harrison
County Bar 29
League of Women Voters 8
VFW Post 5699 Ocean Springs 15
Grow Beautiful Garden Club 12
Harrison County Community Action Agency 9
Gulfport Kiwanis Club 51
Biloxi Jaycees 11
South Mississippi Shrine Club 57
Gulfport Businessmen Club and the
Gulfport Lions Club 18
Singing River Bass Masters 11
Youth for Environmental Action i5
Optimist Club ]5
Beta Signa Phi 8
Long Beach Senior Citizens 24
Hancock County Senior Citizens 16
GulfportExchange Club 16
Kiwanis Club of Pascagoula 68
Mississippi Chapter of the American
Right-of-Way Association Seminar 40
Newcomers Club 33
First Christian Church of Gulfport 20
Beach Garden Society 26
St. Martins Lions Club 43

IX-15

ORGANIZATION NO. OF ATTENDEES

Gulfport Jaycees 28
Jackson County Retired Teachers Association 22
Pass Christian Chamber of Commerce 14
Society of American Forestors 26
Pascagoula Business and Professional
Womens Club 22
Picayune Noon Lions Club 10
Biloxi Civitan Club 21
American Business Women Association
Biloxi Chapter 21
Sierra Club 24
Litton Industries 33
St. Michael School for Boys 21
Wiggins Rotary Club 30
American Legion Post 33 12
Pass Christian Rotary Club 23
Pascagoula Optimist Club 11
Mississippi City Lions Club 14
American Legion Post 160 45
Bel air Garden & Homemakers Club 10
Ocean Springs Rotary Club 35
Singing River Power Squadron 60
Pascagoula Rotary Club 122
The Boat Club 14
Biloxi Lions Club 33
Gulfport Civitans Club 9
American Assnciation of Retired Persons so
Jackson County Board of Realtors 49
Picayune Civitan Club 22
Mississippi Coastal Audubon Society 16
Picayune Rotary Club 23
Pascagoula Civitan Club 14
USCG Auxiliary Flotilla 38 30
Women of the Moose 35
Bay-Waveland Humane Society 10
Gulfport Elks Club 43
Gautier Lions Club E
Gulf Coast Traffic Club 15
West Biloxi Merchants Association 12
Society of American Military Engineers 36
Mississippi Coast Power Squadron 21
Greater Gulfport Dental Society 14
Alpha Iota Esa Sorority 1S

In addition to the presentation of a slide show, members of the BMR
staff have made numerous updated presentations to these and other groups
since January of 1979.

Display Unit

To further facilitate public awareness, a display unit featuring back-
lighted film transparencies was constructed. This was used along and
in conjunction with manned booths at such events as county fairs and
fishing rodeos in the coastal area of the state.

Mailing List

A mailing list of federal, state and local governments, private parties
and libraries has been used throughout program development to provide
pertinent program information, documents and publications relevant to
the coastal program.

IX-16

LOCAL/STATE PART ICI PAT ION

In order to receive involvement on the state and local level, a Governor's
Conference was called in Biloxi. Representatives of both state and local
governments and other organizations were invited. At this conference,
benefits to be derived from a coastal management plan were discussed in
detail. A workshop session isolated many problems and concerns facing
the coastal area which have been used extensively in the development of
policy statements for the Mississippi Coastal Program.

Two months later the Gulf States Conference on Coastal Management was also
held at Biloxi. Sponsored by Mississippi, the conference included parti-
cipation by the states of Alabama, Florida, Louisiana, Mississippi and
Texas. The objectives of the conference were to provide a basis for these
five states to exchange information, to engender cooperation and coordi-
nation, and to identify interstate problems which might require additional
emphasis to facilitate coherency in regional coastal management.

A third session, the Coastal Leaders Conference, was held and representa-
tives from city and county governments in the coastal area attended to
discuss their future involvement in coastal management. Other meetings
with individual local officials have occurred throughout the entire
planning process. The local governments asked to participate in the pro-
gram planning process were the cities of Bay St. Louis, Biloxi, Gulfport,
Long Beach, Moss Point, Ocean Springs, Pascagoula, Pass Christian, and
Waveland, and the counties of Hancock, Harrison and Jackson.

* ~~~State agencies have participated extensively in program development.
Table IX-5 lists the agencies consulted for participation in program
development. In addition, an intergovernmental advisory committee was
formed to gather comments and advise the Mississippi Marine Resources
Council (now BMR) on the development of the coastal program. The
committee was composed of representatives of local and state governmental
agencies as well as other planning bodies. Parties asked to participate
in the committee are listed in Table IX-6.

TABLE IX-5
STATE AGENCIES CONSULTED IN PROGRAM DEVELOPMENT

Aeronautics Commvission Marine Conservation Coninission
Board of Economic Development (Bureau of Marine Resources)
Air & Water Pollution Control Commnission Natural Heritage Program
(Bureau of Pollution Control) Office of the Governor, Federal-State Programs
Board of Trustees, Institutes of Higher Learning Office of Science and Technology
Board of Water Cousnissioners Park Commission
(Board of Land & Water Resources) (Bureau of Recreation & Parks)
Boat and Water Safety Conmmission Pat Harrison Waterway District
(Bureau of Fisheries & Wildlife) Pearl River Basin Development District
Bureau of Outdoor Recreation Public Service Cormnission
(Bureau of Recreation & Parks) Real Estate Conmmission
Civil Defense Council Research and Development Center
Cooperative Extension Service State Board of Health
Department of Agriculture & Cosanerce State Central Data Processing Authority
Department of Archives and History State Highway Department
Forestry Cossnission State Land Office
Game and Fish Convoission (Secretary of State)
(Bureau of Fisheries & Wildlife) Superport Coordinating Office
Geological, Economic and Topographical Survey Tourism Study Cormmission
(Bureau of Geology & Energy Resources)
Gulf Coast Research Laboratory
Note: The names in parentheses indicate those agencies whose names have changed since earlier consultation.

IX-1 7

TABLE IX-6

INTERGOVERNMENTAL ADVISORY COMMITTEE

Biloxi Port Coinnission
Burk & Associates
(Planning Consultants)
City of Bay St. Louis
City of Biloxi
City of Gulfport
City of Long Beach
City of Moss Point
City of Ocean Springs
City of Pascagoula
City of Pass Christian

City of Waveland
Gulf Regional Planning Commnission
Hancock County Board of Supervisors
Hancock County Port Authority
Harrison County Board of Supervisors

Jackson County Board of Supervisors
Jackson County Port Authority
Mississippi Agricultural and Industrial Board
(Board of Economic Development)
Mississippi Air and Water Pollution Control Cormmission
(Bureau of Pollution Control)
Mississippi Board of Water Coimmissioners
(Bureau of Land and Water Resources)

Mississippi Civil Defense Council
Mississippi Department of Archives and History
Mississippi Game and Fish Commnission
(Bureau of Fisheries and Wildlife)
Mississippi Geological, Economic, Topographical Survey
(Bureau of Geology and Energy Resources) (BGER)
Mississippi Mineral Lease Cormmission
(Bureau of Geology and Energy Resources) (BGER)

Mississippi Marine Conservation Conmmission
(Bureau of Marine Resources)
Mississippi Oil and Gas Board
Mississippi Port Authority
Office of the Governor
Southern Mississippi Planning and Development District

NOTE: The names of some of these agencies have changed since the
intergovernmental advisory cormmittee was founded. These
are indicated in parentheses.

Coastal Zone Management Workshop

An unusual opportunity was afforded members of the Intergovernmental
Advisory Committee and staff by participation in a game-type workshop.
As provided for through the Office of Coastal Zone Management, the workshop
enabled participants to assume roles such as public officials, industrialists

IX-18

and developers and to be faced with realistic situations similar to
those which may be created as a result of coastal program implementation.
This workshop provided additional insight to possible day to day operations
faced by the implementing agency of a coastal management program.

Recent Activities

The most recent activities of the Bureau in plan coordination involved
extensive dialogue between the three county development commissions and
with the state agencies expected to interact with the coastal program.

The major emphasis of the program and the county industrial development
commissions stemmed from the need of a recommendation to the county
governing bodies of an additional regulated activity to be included in
the Wetlands Law. This stipulation was required in legislation which
passed in 1979; however, it was deleted by legislation in 1980.

FEDERAL PARTICIPATION (15 CFR 923.51)

One of the first steps in involving the federal government in development
of the Mississippi Coastal Program was an identification of those relevant
agencies which might interact with the program. These agencies were afford-
ed the opportunity for participation through preliminary correspondence
which asked each agency to designate within their respective offices a
coastal program development contact.

Those agencies which designated a contact were visited by a representative
of BMR, then the MMRC. The purpose of these meetings was to meet the desig-
nated program contacts to establish working arrangements. Through these
initial contacts, a working relationship was developed with the participat-
ing federal agencies.

The involvement process started in the early stages of coastal program
development. Thirty-seven federal agencies were provided opportunities
to participate through correspondence and individual meetings. These
are listed in Table IX-7.

Other contacts were in the form of six major documents or reports regarding
various aspects of the Mississippi Coastal Program. These documents were
mailed to both federal and state agencies to ensure that federal and state
interests would be considered in the developmental stages of Mississippi's
Coastal Program as required in Section 307(b) of the CZM Act. These
documents are: (i) informational worksheets, (ii) Land and Water Use Matrix,
(iii) Methodology for Determining Areas of Particular Concern, (iv) Interim
Report on Permissible Land and Water Uses, (v,)l Interim Report on Boundaries
and Federal Lands, and (vi) Interim Report on Geographic Areas of Particular
Concern.

IX-19

TABLE 1X-7

FEDERAL AGENCIES CONSULTED IN PROGRAM DEVELOPMENT

Department of Agriculture

Agriculture Stabilization and Conservation Service
Farmers Home Administration
Forest Service
Soil Conservation Service
Department of Commerce

Economic Development Administration
Maritime Administration
National Marine Fisheries Service
National Oceanic and Atmospheric Administration
Office of Minority Business Enterprise

Department of Defense
U. S. Air Force
U. S. Army Corps of Engineers
U. S. Navy

Department of Housing and Urban Development

Area Office
Federal Insurance Administration
Department of the Interior

Office of the Secretary
Bureau of Indian Affairs
Bureau of Land Management
Bureau of Mining
Bureau of Outdoor Recreation
Fish and Wildlife Service
U. S. Geological Survey
National Park Service

Department of Transportation

Representative of the Secretary
U. S. Coast Guard
Federal Aviation Administration
Federal Railroad Administration
Office of Pipeline Safety
Urban Mass Transit Administration

*Energy Research and Development Administration
Environmental Protection Agency
*Federal Energy Administration
'Federal Power Commission
General Services Administration
Interstate Commerce Commission
National Aeronautics and Space Administration
Nuclear Regulatory Commission

'These agencies have been reorganized since program development
began. The Energy Research and Development Administration and
the Federal Energy Administration have been combined into D.O.E.
The Federal Power Commission has become the Federal Energy
Regulatory Commission (FERC). FERC's administrative functions
are handled by D.O.E.. but Its regulatory functions are
administered solely by FERC.

Results of State/Federal Involvement

State and federal agency comments have been instrumental in the develop-
ment of program aspects regarding special management areas, shoreline
erosion, energy facility sitings, federal lands and in the overall
organization of the program document. Through the involvement of state
and federal agencies, BMR has entered into interagency agreements with
the Corps of Engineers on the federal level and with the Governor's
office of federal-state programs on the state level.

IX-20

Future Contacts

The BMR staff will continue to solicit federal agency views and comments
through correspondence, meetings, interagency agreement and through
routine working relationships. These contacts will be most valuable
during the implementation of the Mississippi Coastal Program.

PUBLIC HEARINGS (15 CFR 923.58)

BMR held public hearings, in each coast county on April 21, 22, and 24,
1980. These hearings were held after 30 days notice. Comments were
received on the Hearing Draft of the Mississippi Coastal Program, and
a record of the hearings is being maintained. Approximately 101 persons
attended these hearings. In addition to these hearings, a DEIS hearing
was held June 16, 1980.

PLAN COORDINATION (15 CFR 923.56)

Since the inception of Mississippi 's Coastal Program, the Marine Resources
Council (now BMR) has attempted to incorporate existing plans and programs
prepared by various planning and governmental agencies into program
development in response to 15 CFR 923.56. A general description of the
coordination efforts follows.

* ~~~Local Government Plans

Local zoning ordinances and maps were obtained and reviewed. Determina-
tions were made as to whether the program would conflict with existing
municipal and county zoning.

Another aspect of local considerations was developed through consulta-.
tion with several of the various city and county planning commrissions.
These include the Hancock and Harrison County Planning Commissions and
the City of Biloxi Planning Commission. In addition, major contribu-
tions to the coastal management planning process were made by the
Jackson County Planning Commission in supplying information for both
urban and non-urban areas of the county.

Regional Planning Agency Plans

In preparing the Mississippi Coastal Program, BMR contracted with various
regional planning agencies to study and develop numerous reports and to
coordinate particular aspects of the coastal program. In addition, staff
members of these regional planning agencies have participated on the
Intergovernmental- Advisory Committee which was responsible for reviewing
and revising program documents and studies. Through these opportunities
numerous regional planning agencies have made valuable contributions to
the program planning process, while at the same time aiding in shaping
the program and assuring consistency with regional plans. As an example
is ~~both Southern Mississippi Planning and Development District (SMPDD) and
Gulf Regional Planning Commission (GRPC) have prepared numerous reports
on various aspects of the program.

IX-21

Two planning activities that have a direct relationship with the Missis-
sippi Coastal Program are the programs under the Department of Housing
and Urban Development (DHUD) Section 701 and the Environmental Protection
Agency (EPA) Section 208 Wastewater Management Effort.

The Section 208 program for the state's coastal areas - "Mississippi Gulf
Coast Water Quality Management Program"I encompasses the three coastal
counties. This program will anticipate the long range wastewater treat-
ment needs for the next 20 years.

Section 701, the Comprehensive Planning Assistance Program was established
by the Housing Act of 1954. By a series of legislative amendments and
administrative actions, the 701 program has become the basic federal
grant program for most planning agencies. Recently, the program has been
directed toward housing, equal opportunity, environmental impact assess-
ments and technical assistance in planning and management.

Goals and policies developed for the 701 program to be used by GRPC in
its planning efforts have been reviewed by the former Marine Resources
Council (now BMR) and found to be consistent with the goals, policies
and objectives of the state's coastal management program.

State Agency Plans

Listed below are those applicable and significant plans referenced in
the development of the proposed coastal program.

1. The Bureau of Pollution Control - BMR has participated in
the development of EPA's Section 201 Wastewater Planning
Program; in addition, BMR will also participate in the
forthcoming Section 208 planning program.

2. The Bureau of Water Resources - The Bureau reviewed several
reports published by this agency including an analysis
of the State's Furface Waters and Drainage Basin Studies.

3. Mississippi Department of Archives and History - The
Statewide Comprehensive Historic Preservation Plan provided
most of the material needed in determining those historic
and archeological sites for recommendation as geographic
areas of particular concern by Gulf Regional Planning
Commission under contract with the program.

4. The Bureau of Fisheries and Wildlife - This agency provided
information pertaining to wildlife and fish management
areas, management refuges, and areas that sustain remnant
species. In addition, the Natural Heritage Program provides
a statewide survey of endangered plants, animals, plant com-
munities, aquatic type habitats and other unique natural
occurrences within the state.

IX-22

5. The Bureau of Recreation and Parks - The Bureau aided directly
0 ~ ~~~~in the preparation of Mississippi's Statewide Comprehensive
Outdoor Recreational Plan (SCORP) developed by parks and
recreational bureaus.

6. Mississippi Research and Development Center - The Bureau re-
viewed and commented on this agency's yearly planning programs,
which included the use of HUD "1701" planning funds. In addition,
the Research and Development Center assists communities with
applications for Community Development funds. The Research and
Development Center is also the contact agency for the Federal
Insurance Administration (FIA) flood insurance program.

7. Mississippi Civil Defense Council - The Bureau is coordinating
its coastal management program with information being prepared
by the Civil Defense Council.

The Bureau of Marine Resources anticipates continued coordination with
agencies conducting planning activities in the coastal area during imple-
mentation. The review procedures included in the MCP will allow for a
better exchange of information and materials therefore facilitating
coordination of planning activities.

CONTINUING CONSULTATION MECHANISMS (15 CFR 923.57)

* ~~The Mississippi Coastal Program envisions future involvement in all
aspects of public and governmental consultation and coordination in res-
ponse to 15 CFR 923.57. This would employ many of the same means used
in the developmental stages of the program, such as press releases,
correspondence, mailing lists, and advisory committees. These partici-
pation measures are necessary to ensure further open consideration of
the relevant interests in the coastal area.

In an effort to provide better coordination between various agencies and
governments and the coastal program, several methods and processes will
be initiated in the implementation stages of the program by the Bureau
of Marine Resources. These are described below:

1. Coordination between the Bureau and local governments will
continue, particularly with respect to SMA's.

2. The Bureau would continue to work with other state and federal
agencies through the program's policy coordination procedures.

3. A working relationship will be maintained with the EPA Section
"1208" wastewater management agency - the Bureau of Pollution
Control.

4. The Bureau would seek and encourage interagency memorandums of
agreement to aid in the management process, particularly with
respect to the U. S. Army Corps of Engineers, the U. S. Fish
10 ~~~~ and Wildlife Service and the National Marine Fisheries Service.

IX-23

SECTION 7: NATIONAL INTEREST 915 CFR 923.52)

The Coastal Zone Management Act (CZMA) requires each coastal program
to show that it provides for adequate consideration of the national
interest in the planning for and in the siting of facilities necessary
to meet requirements which are more than local in nature.

Early in the development of Mississippi's Coastal Program efforts were
made to identify uses and national resources for which there is a pre-
valent national interest. These were:

1. National defense and aerospace

2. Energy production and transmission

3. Recreation--e.g., national seashores, parks, forests,
outstanding beaches and recreational waterfronts

4. Transportation, ports and navigation

5. Air and water quality

6. Endangered flora and fauna

7. Living marine resources

8. Wetlands

9. Floodplains, and barrier islands

10. Historic and cultural resources

11. Wild and scenic rivers

It is the intent of the Bureau of Marine Resources and the Mississippi
Coastal Program to demonstrate that adequate consideration has been and
will be given to facilities in which there is a national interest. How-
ever, in a balanced coastal program, it is important to recognize that
other national interests, such as the national interest in resource
conservation and protection, will be involved in decisions regarding the
siting of identified national interest facilities. Consequently,
resource issues were also considered during program development. The
national interests in these resources and facilities is shared by
Mississippi and is reflected in the goals of the coastal program, as
specified in Section 57-15-6 of the Mississippi Code.

Involved federal agencies were contacted throughout the various stages
of the development of the coastal program. Further, Mississippi state
agencies representing both state and national concerns were consulted.
Those agencies consulted are identified in Section 6, Chapter IX.

IX-24

Consultation with both federal and state agencies, coupled with the
use of major statutes and policy documents, has provided a sound basis
for a program which has considered the national interest both in
structure and content. In addition, the program provides for continued
consideration of the national interest in ongoing decision-making through
the policy coordination procedures of Chapter VIII, Section 4; national
interest is treated specifically in the guidelines in Chapter VIII,
Section 7.

NATIONAL DEFENSE AND AEROSPACE

In determining the national interest in national defense and aerospace,
the following were consulted: (i) Department of Defense, including
the U. S. Air Force, Army Corps of Engineers, and the Navy; (ii) the
U. S. Coast Guard; and (iii) the National Aeronautics and Space Admin-
istration.

BMR has determined that the national interest in national defense and
aerospace is:

I. To insure the sovereignty of the nation and to protect
its citizens against physical harm or expropriation.

2. To establish and maintain the facilities necessary to
carry out the first objective.

The Mississippi Coastal Program recognizes the importance of national
defense facilities to insure the nation's sovereignty and to protect
its citizens. Obviously, strategically located defense facilities such
as Keesler Air Force Base, the Naval Construction Battalion Center, and
National Space Technology Laboratories are necessary to achieve these
ends.

As part of its ongoing decision-making process, the coastal program
will consider the national interest in defense and aerospace through
the policy coordination provisions in Chapter VIII, Section 4. In
addition, the federal lands in Table IX-2 are excluded from the
coastal area; included among these lands are defense and aerospace
installations. This exclusion recognizes the national sovereignty
in defense and aerospace matters. However, even though federal lands
are excluded from the coastal area, any activities undertaken by
beferal entities on such properties are subject to the federal consis-
tency requirements of Section 307 of CZMA.

ENERGY

In determining the national interest in activities related to energy
production and transmission, the following documents, legislation and
federal agencies were consulted:

0 ~~~~1. National Energy Plans I and II

2. National Environmental Policy Act of 1969
IX-25

3. Outer Continental Shelf Lands Act

4. Department of Energy (formerly included the Energy Research
and Development Administration, Federal Energy Administration,
and Federal Power Commission)

5. Nuclear Regulatory Commission

6. Department of Interior, including the Office of the Secretary,
the Bureau of Land Management, the Bureau of Mining, and the
U. S. Geological Survey

7. Department of Transportation, including the Office of Pipeline
Safety, the U. S. Coast Guard, and the Federal Highway
Admi ni strati on

8. Department of Commerce, including NOAA, the Maritime Adminis-
tration and the Economic Development Administration.

9. Council on Environmental Quality

The most useful articulation of the national interest in energy facility
planning and siting is found in National Energy Plans I and II. Over-
riding objectives are: (i) conservation and fuel efficiency; (ii)
reasonable certainty and stability in government policies, (iv) sub-
stitution of abundant energy resources for those in short supply, and
(v) development of non-conventional fuel sources.

The Mississippi Coastal Program has incorporated the national interest
related to energy in several ways:

1. Goal eight of the program requires that all state agencies
consider the national interest when carrying out their
responsibilities in the coastal area. This goal is imple-
mented through the policy coordination procedures in
Chapter VIll, Section 4.

2. The energy facility planning process in Chapter VII of the
program insures that the state will collect, analyze, and
use important management information in considering new
energy facilities.

3. BMR is responsible for CEIP in Mississippi and has incorpor-
ated CEIP into the coastal program. This insures that the
coastal program can assist local governments in the provision
of public facilities and services required as a result of
energy activities so that energy developments are not impeded
by inadequate public facilities at the local level.

4. The coastal wetland permitting procedures described in Chapter
Vill, Section 2, are based on a use plan and guidelines that
promote predictability and stability in the state regulation
of potential energy facilities. In addition, the coastal

IX-26

wetlands use plan specifically provides for the development of
certain sites for industrial purposes. The energy facility
planning process has shown that the coast will experience the
development of industries, generally water related, in support
of energy activity. The designation of wetland areas in
support of designated sites specifically provides for the type
of development required by energy activities.

RECREATION

In determining the national interest in recreation, the following docu-
ments, legislation and federal agencies were consulted: (i) Mississippi
Statewide Comprehensive Outdoor Recreation Plan; (ii) Historic Pre-
servation Act; (iii) Land and Water Conservation Fund Act; and (iv)
Department of the Interior, including the Fish and Wildlife Service,
National Park Service and Heritage Conservation and Recreation Service.

Major objectives of the national interest in recreational facilities
have been determined to be:

1. To consider recreation as an equal among competing uses of the
coastal region.

2. To provide high quality recreational opportunities to all
people of the United States while protecting the coastal
* ~~~~~environment.
3. To increase public recreational opportunities in high density
areas.

4. To improve coordination and management of recreation areas.

5. To protect existing recreation areas from adverse effects
of contiguous uses.

The national interest has been incorporated into the Mississippi Coastal
Program through several means. First, the special management areas in
Chapter VI include shorefront access areas for which site-specific plans
for recreation will be done. Second, the affirmative management
activities in Chapter VII will support recreational development through
public facilities assistance. Finally, the policy coordination pro-
cedures in Chapter VIII, Section 4 include the consideration of the
national interest in recreation.

TRANSPORTATION, PORTS AND NAVIGATION

To determine the national interest in transportation, ports and naviga-
tion, the following documents and federal agencies were consulted:
(i) Rivers and Harbors Act of 1899; (ii) Department of Commnerce,
Maritime Administration; (iii) Department of Defense, including the
U. S. Army Corps of Engineers and the U. S. Navy; (iv) Department of
Transportation, including the Office of the Secretary, the Federal

IX-27

Aviation Administration, the Federal Railroad Administration, the Federal
Highway Administration, the Urban Mass Transit Administration and the
U. S. Coast Guard.

The major objectives of the national interest in transportation have
been determined to be:

1. To develop a balanced national transportation system including
well articulated and integrated surface air, water, and
subsurface modes.

2. To provide fast, safe, efficient and convenient access via
one or more modes of transportation for the movement of
people, goods and services to, from, and through the coastal
region.

The Mississippi Coastal Program has considered these objectives through
the policy coordination procedures in Chapter VIII, Section 4, which
requires that all state agencies consider the national interest in
transportation. In addition, the coastal wetlands use plan in Chapter
VIII, Section 2 provides for navigation channels, and the guidelines in
the same chapter specifically address transportation facilities to
improve predictability in governmental decision-making.

AIR AND WATER QUALITY

In determining the national interest in air and water quality, the
following were consulted: Ci) Federal Water Pollution Control Act;
(ii) Clean Water Act of 1977; (iii) Resource Conservation and Recovery
Act; (iv) Clean Air Act and 1970 Amendments; (v) Environmental Pro-
tection Agency; (vi) National Marine Fisheries Service; (vii) U. S.
Fish and Wildlife Service; and (viii) U. S. Coast Guard; and (ix)
U. S. Army Corps of Engineers.

Obviously, the national interest concerning air and water is to protect
the quality of these resources which in turn enhance the quality of life
of citizens of the United States. The Mississippi Coastal Program
considers the national interest in air and water quality by incorporat-
ing the state policy "to conserve the air and waters of the state, and
to protect, maintain, and improve the quality thereof for public use,
for the propagation of wildlife, fish and aquatic life, and for domestic,
agricultural, industrial, recreational, and other legitimate beneficial
uses." This policy is enforced by the Bureau of Pollution Control
through the policy coordination provisions of Chapter VIII, Section 4.

ENDANGERED FLORA AND FAUNA

In determining the national interest in endangered flora and fauna,
the following legislation and federal agencies were consulted:
(i) Endangered Species Act of 1973; (ii) Fish and Wildlife Coordination
Act; (iii) Marine Protection, Research and Sanctuaries Act of 1972;

IX-28

iv) Marine Mammnal Protection Act of 1972; (v) Migratory Bird Act;
~v)National Marine Fisheries Service; (vii) U. S. Fish and Wildlife
Service; and (viii) the Agricultural Stabilization and Conservation
Service.

The Mississippi Coastal Program has determined that the national interest
in endangered flora and fauna is:

1. To provide a means to preserve ecosystems which threatened
and endangered species depend on.

2. To consider the effect of proposed activities on threatened
and endangered species.

The national interest in endangered flora and fauna is considered
principally through the special management areas outlined in Chapter VI,
the coastal wetlands use plan and guidelines in Chapter VIII, and the
consideration of the endangered or threatened species is achieved
through the coordination procedures in Chapter VIII, Section 4. Within
the state's Department of Wildlife Conservation, the National Heritage
Program will be relied upon to provide input about endangered flora and
fauna.

LIVING MARINE RESOURCES

0 ~ ~~In determining the national interest in living marine resources, the
following documents, legislation, and federal agencies were consulted:
(i) Offshore Shrimp Fisheries Act of 1973; (ii) Fishery Conservation
and Management Act of 1976; (iii) Fish and Wildlife Coordination Act;
(iv) Marine Manmmals Protection Act of 1972; (v) Marine Protection,
Research, and Sanctuaries Act of 1972; (vi) National Marine Fisheries
Service; (vii U. S. Army Corps of Engineers; (viii) U. S. Fish and
Wildlife Service; (ix) U. S. Coast Guard; and (x) various fisheries
management plans.

The major objectives of the national interest in living marine resources
have been determined to be:

1. To conserve, enhance and manage in a rational manner commercial
fishing, which constitutes a major source of employment and
contributes significantly to the food supply, economy and
health of the nation.

2. To develop and protect all species of wildlife, resources
thereof and their habitat, and to control losses by damage to
habitat areas through coordination with other resources
management programs.

The national interest in living marine resources and the goals of the
Mississippi Coastal Program are entirely congruent. BMR is charged
with the responsibility to protect, propagate, and conserve the state's
seafood and aquatic life in connection with the revitalization of the

IX-29

seafood industry of the State of Mississippi. In addition, the habitats
of living marine resources are preserved through the program's wetlands
management efforts. These are fully described in Chapters III, and TV,
and in Section 2 of Chapter VIII. In addition, the effects of proposed
activities on living marine resources will be considered through the
policy coordination procedures of Chapter VIII, Section 4.

WETLANDS

In determining the national interest in wetlands, the following documents,
legislation and federal agencies were consulted: (i) the National
Environmental Policy Act of 1969; (ii) the Fish and Wildlife Coordination
Act; (iii) Executive Order 11990; (iv) the Clean Water Act; (v) the
Department of Agriculture, including the Forest Service and the Soil
Conservation Service; (vi) the U. S. Army Corps of Engineers; (vii) the
Department of Commerce, including the Office of Coastal Zone Management
and the National Marine Fisheries Service; (viii) the U. S. Fish and
Wildlife Service; (ix) the Environmental Protection Agency; and (x)
the Council on Environmental Quality.

The national interest in wetlands has been interpreted to be:

1. To protect wetlands because of their value as habitat and
food sources for aquatic life and waterfowl.

2. To protect wetlands because of their functions relative
to flood prevention, storm buffering, water supply,
nutrient exchange, and as a recreational resource.

3. To avoid to the extent possible the long and short term
adverse impacts associated with the disruption or modifi-
cation of wetlands and to avoid direct or indirect support
of new construction in wetlands whenever there is a reason
able and prudent alternative.

The Mississippi Coastal Program considers the national interest in
wetlands protection by virtue of the state's Wetlands Law which states
that "it is the public policy of the state to favor the preservation
of the coastal wetlands and ecosystems, except where a specific altera-
tion of a specific coastal wetlands would serve a higher public interest
in compliance with the public purposes of the public trust in which
the coastal wetlands are held. Wetlands protection through the coastal
program is described in Chapter III. Section 2 of Chapter VIII pro-
vides rules and regulations pursuant to wetlands protection, and
Section 4, Chapter VIII describes the policy coordination procedures
whereby wetlands protection is considered in decision-making in the
coastal area.

FLOOD PLAINS AND BARRIER ISLANDS

In determing the national interest in flood plains, flood hazard areas,
and barrier islands the following documents, legislation and federal

IX- 30

agencies were consulted: (i) the Mississippi Research and Development
Center; (ii) the Barrier Islands Study; (iii) the Flood Disaster
Protection Act of 1973; (iv) the Nationil Flood Insurance Act of 1968;
(v) the Water Resources Development Planning Act of 1974; (vi) Executive
Order 11988; (vii) the Federal Insurance Administration; (viii) the
Federal Emergency Management Administration; (ix) the U. S. Army Corps
of Engineers; and (x) the Heritage Conservation and Recreation Service.

The major objective of the national interest in these areas is to avoid
long and short term adverse impacts associated with the occupancy and
modification of floodplains and barrier islands. Mississippi meets
this objective through the policy coordination procedures described in
Chapter VIII, Section 4.

HISTORIC AND CULTURAL RESOURCES

In determining the national interest in historic sites and cultural
resources the following documents, legislation, and federal agencies
were consulted: (i) the Mississippi Statewide Comprehensive Historic
Preservation Plan; (ii) the National Historic Preservation Act;
(iii) the Antiquities Act of 1906; (iv) the Historic Sites Act of
1935; (v) the National Historic Preservation Act of 1966, amended
under the Land and Water Conservation Fund Act of 1976; (vi) the
National Environmental Policy Act of 1969; (vii) the National Park
Service and (vii) the Heritage Conservation and Recreation Service.
The major objectives of the national interest in historic sites and
districts have been identified to be:

1. To afford protection to significant historic (including
archeological sites) from adverse impacts.

2. To consider cultural resources in assessing the environmental
impacts of proposed activities.

The Mississippi Coastal Program includes important provisions to
consider the national interest in historic sites. The Department of
Archives and History is one of the four coastal program agencies.
This department administers the State Antiquities Law which declares
that it is "the public policy and in the public interest of the State
of Mississippi to locate, protect and preserve all sites, objects
buildings, shipwrecks and locations of historical, archeological,
educational or scientific interest..." (Section 39-7-3). This policy
is carried out through the policy coordination provisions of Chapter
VIII, Section 4.

WILD AND SCENIC RIVERS

In determining the national interest in wild and scenic rivers, the
Heritage Conservation and Recreation Service's "River Inventory in
the Southeastern United States" and Department of the Interior repre-
sentatives were consulted.

IX-31

BMR has determined that the national interest in wild and scenic rivers
is to consider the benefits that these rivers provide in their free-
flowing state, and to coordinate activities affecting these rivers with
efforts authorized by Congress under the Wild and Scenic Rivers Act.
This applies to the following rivers in the coastal area:

Black Creek above R.M. 0
Excatawpa River above R.M. 13
Pascagoula River above R.M. 13
Pearl River above R.M. 0
Red Creek above R.M. 0
Wolf River above R.M. 0

The national interest in wild and scenic rivers will be considered
through the policy coordination procedures in Chapter VIII, Section 4,
and through inventory and mapping efforts described in Chapter VII.

CONTINUED CONSIDERATION OF NATIONAL INTEREST

Mississippi will rely on contacts and working relationships with federal
agencies to provide continued consideration of the national interest.

The policy coordination procedures and the wetlands permitting process
have provisions for consideration of the national interest. These
procedures will insure the consideration of the national interest in
the planning for and siting of facilities on an ongoing basis.

IX-32

Ape ices

* APPENDIX A
COASTAL WETLANDS PROTECTION LAW

.0~~~~~~~~APP-
APP-1

� 49-27-1. Title and citation of chapter. � 49-27-7. QChapter inapplicable to certain activities, areas
This chapter is to be known as the "Coastal Wetlands Protection and entitiea-exempt parties or agencies to adhere to de.
Law' and may also be cited by its common or popular name of dared public policy and advise of activities.
Wetlands Law." The provisions of this chapter shall not apply to the following
SOURCES La.,. 1973. eL SMS I eff rroms mnd after July I, 1973. activities, areas and entities:
(a) The accomplishment of emergency decrees of any duly
appointed health officer of a county or municipality or of the state,
�49-27--. Public policy declared. acting to proteCt the public health;
it is declared to be the public policy of this state to favbr the (b) The conservation, repletion and research activities of the
preservation of the natural state of the coastal wetlands and their Mhississippi Marine Conservation Commission. the Mississippi Ma-
ecosystems and to prevent the despoliation and destruction of rine Resources Council, the Mississippi Gulf Coast Research Labo.
them. except where a specific alteration of specific coastal wetlands ratory. the Mississippi Game and Fish Commission. and the Missis-
would serve a higher public interest in compliance with the public sippi-Alabama Sea Grant Consortium when acting through the
purposes of the public trust in which coastal wetlands are held. Mississippi Universities Marine Center;
SOURC ILa-, 11973, c. 55 1 2. . f.'f rom md suer July 1. 1973. (c) Hunting. erecting duck blinds. fishing. shellfishing and trap
ping when and where otherwise permitted by law;
Cross ealr'oos
As to pribitous aFainst pollution of ates. streasn and air, see Chapter 1 7 (d) Swimming. hiking. boating or other recreation that causes no
oftia tie. material harm to the flora and fauna of the wetlands;
As to requed prepaeation and impemmentaton of coastaul area plan by, marie
srlm o ucil tat ould further publc policy epressed by thlJ 'uon, m e (e) The exercise of riparian rights by the owner of the riparian
1 ?-S-6C. rights. provided that the construction and maintenance of piers,
As to ea.sin foar he delopm.eff of por and relted industrl adlitic in boathouses and similar structures are constructed on pilings that
Iwdinr thde policy set forth in this section. aft f !9-.9-21. permit a reasonably unobstructed ebb and flow of the tide; pro-
vided. further, that the riparian owner may reasonably alter the
� 49-27-5. Definitions. wetland at the end of his pier in order to allow docking of his
(a) "Coastal wetlands" means all publicly owned lands subject to vessels;
the ebb and flow of the tide; which are below the watermark of (I) The normal maintenance and repair of bulkheads. piers.
ordinary high tide: all publicly owned accretions above the water- roads and highways existing on the date of enactment of this
mark of ordinary high tide and all publicly owned. submerged chapter. and all interstate highways planned but not yet under
water-bottoms below the watermark of ordinary high tide. construction; and financed in part by Federal Interstate Highway
(b) The term "coastal wetlands" shall be interpreted to include Trust Funds;
the flora and fauna on the wetlands and in the wetlands. (g) Wetlands developed in the future by federal. state or county
(c) "Regulated activity" means any of the following activities: (i) governments for the establishment of a superport or a pipeline
the dredging. excavating or removing of soil. mud. sand, gravel buoy terminal for deep-draft. ocean-going vessels, including but
flora. fauna or aggregate of any kind from any coastal wetland; (ii) not limited to. wetlands adjacent to Petit Bois Island and the
the dumping, filling or depositing of any soil. stones, sand, gravel, Bayou Casotte Channel in Jackson County. Mississippi;
mud, aggregate of any kind or garbage. either directly or' indi- (h) The Biloxi Bridge and Park Commission. Biloxi Port Com-
rectly. on or in any coastal wetlands; (iii) killing or materially mission. Lone Beach Port Commission. Pass Christian Pnsrn (",n
damaging any flora or fauna on or in any coastal wetland; (iv) the mission, Pascagoula Port Commission. and any municipal or local
erection on coastal wetlands of structures which materially affec port authorities;
the ebb and flow of the tide; and (v) the erection of any structure (i) Wetlands used under the terms of the use permit granted by
or structures on suitable sites for water dependent industry. Chapter 395. of 1954;
(d) "Dredging" means the removal or displacement by any C A laiso i
means of soil, sand. gravel, shells or other material. whether of Cj) Asy activity afecing wetlands that i associated with or is
intrinsic value or notd, geSel from coastal wetlands, Onecessary for the exploration, production or transportation of oil
or gas when such activity is conducted under a current and valid
(e) "Filling" means either the displacement of waters by de pi g ranted by a duly Consttted agency of the State of
permit granted by a duly constituted agency of the State of
deposttuon into coastal wetlands of soil. sand, gravel. shells or Mississippi;
other material; or the artificial alteration of water levels or water () Activities of any mosquito contro commission which i a
{k} Activities of'any mosquito control commission which 6s a
currents by physical structures, drainage ditches or otherwise. political subdivision or agency of the State of Mississippi;
(I)0 "Person" means any natural person, partnership, joint stock (I) The Fisherman's Wharf to be constructed in Biloxi and the
company, corporation, unincorporated association or society, or Buccaneer State Park to be constructed in Hancock County, both
the state and any agency thereof, or any county, municipality, or by the state park commission;
political subdivision, or any other corporation of any character (m) Wetlands conveyed by the state for industrial development
whatsoever. thereon pursuant to section 211, Mississippi Constitution of 1890,
(g) "Council" means the Mississippi Marine Resources Council. and pursuant to section 29-3-61. Mississippi Code of 1972;
(h) "Water dependent industry" means those commercial. indus- (n) Coastal wetlands within five (5) feet of private property;
trial or manufacturing activities which, for purposes basic to their (o) The activities of the Hancock County Port and Harbor
existence must occur or locate on or adjacent to the estuaries. Commission affecting wetlands within its jurisdiction;
sounds. channels, shores or marshlands of the coast. "Suitable (p) The activities ofthe Harrison County Development Commis-
sites for water dependent industry" means those areas of land sion affecting wetlands within its jurisdiction;
which are suitable for the development of water dependent indus- C) The activities of the Jackson County Port Authority affcting
try because of their proximity to waters of navigable depth, size wetlands within its jurisdiction;
and configuration, topography, soil conditions and access to other r) The activities of the Mississippi State Port a Gulpor
means of transportation. After consultation with local govern-
affeCting wetlands within its jurisdiction; and
menut, port authorities, development commissions, port and har- elads wihin t judto
bor commissions, and other interested parties, and after full (a) In the case of regulated activities which, in the judgment of
consideration of toning ordinances duly adopted by local govern- the director or his delegate after'an on-ite inspection, have no
ments. the council shall designate those sites it deems suitable for harmful impact on the environment and which mae no substantial
water dependent industry. The definition of "suitable sites for wieadn emtsalb eurd
water dependent industry. The definition of "rsuisable sites for change in the wetlands, the director may issue a certificate of
water dependent industry" shall be limited to, but not necessarily waiver and no permit shall be ruird.
inclusive of. waterfront sites owned by county port authorities, All parties or agencies exempt from the regulatory provisions,
development commissions and port and harbor commissions. and whether by name or reference, when carrying out what would
to areas that are now or are later made to be within one thousand otherwise be regulated activities in coastal wetlands shall at all
(1.000) feet of the centerline of any natural or maintained channel times adhere to the policy as set forth in section 49-27-3 and each
having a depth of seven (7) feet or greater at mean low water. such agency shall further advise the council of all such activitiues so
However, additional sites may be included in the definition of that the council may be fully advised of all activities in the coastal
suitable sites for water dependent industry with the concurrence of wetland.
the board of supervisors in the county affected. SOURCES: Laws, 1973, ch. 3815, 14; 1974. c. 401, , Ite from and aftr
SOURCES: Laws,. 1973, c. 385, IS; 1974l, el. 401. I ; 1979, c. 492, 2. ge (apped March 5,1974).
fros and after passage Capprored April 18, 19793.

APP-2

� 49-27-9. Permit required to conduct regulated activity- � 49-27-15. Application--notice of date for filingobjections
filing and form of application-fee. -bearing asd notice of bearing.
No regulated activity shall affect any coastal wet- Not later than sixty (60) days from the receipt of any applies-
No regulated activity shall affect any coastal wet- i t cuc sa pbr nie a t o efe hh
lands without a permit unless excluded In Section 49277 ian. the council shall publish notice of a date on or before which
lands without a permit unless excluded in Section 49-27-7. written objections to any application must be fied. If written
Any person proposing to conduct or causing to be conducted
a regulated activity shall file an application for a permit objection is filed or if the applicant requests a hearing. then a
with the Comiission on Wildlife Conservation in such form hearing must be held within twenty (20) days after the date on or
and with such Information as the conmisslon may prescribe, before which objections must be filed unless a later date for the
An application fee In an amount to be established by bearing is agreed to by all parties. Notice of the date on or before
comisslon regulations shall accompany each application which objections must be led shall be published once a week for
comission regulations shall accompany each applicat~o tLs u S oumiv ek p a one 1 esa
and shall be payable to the consitission. No permit shall at least three (3) consecutive weeks in at least one (I) newspaper
and shall be payable to the commission. No permit shall gnr ccuai n h ot n ih e fce wlm
be required for a regulated activity as defined in 49-27-5(c) of general circulation in the county in which the affected wetlands
() if such activity is an activity by a water dare located. The last publication of such notice shall be made no
industrynotshall apermit berequiredpursuant t more than seven (7) days prior to su& date. The published notice
industry, not shall a permit be required pursuant to shall describe the site of the proposed activity and shall give a
Section 49-27-5(c)(v) of any individual who seeks to con- general description of the proposed regulated activity. Further.
struct a home, fishing camp. orsimilar structure on his notice shall be given describing the date. time and place for the
own property. said hearing by U. S. Mail, postage prepaid, to each of the
49-27-11. Application-contents objectonrs and to the applicant at the address furnished to the
(1) An application shall include the followin. ouncil by said parties. and by causing a copy of such notice to be
(a)' Me name and addrpus of the appliant; published at least one (1) time in one (I) newspaper having a
general dcirculation in the county in which the affected wetlands are
(b) The names and addresses of the present owners of record of located
adjacent land, as determined by current tax assessment rolls and sotmc: Lam I. d. 385. If),; tS74. -. 401, 4. efr from nad r
of known claimants of riparian or water rights in or immediately !a . (app Mc 2S1. 1974l.
adjacent to the coastal wetland. or a certification that after diligent
s:acdh and inquiry the said names and addresses could not be 49-27-17. Applcation-notice to parties prior to date ae
found for bearing--effect of failure to comply with section.
(c) A detailed description of the proposed activity and map. The following parties shall be notified of a hearing by the
drawn to an appropriate and uniform scale showing by section, concil by mail prior to the date set for the hearing. but a failure
township and range. or by latitudinal and longitudinal coordinater, to meet this requirement shall not invalidate any permit granted
the location and area of the coastal wedtlands to be affected, th ereafter
indicating the location and area of existing and proposed fill,
excavation or other regulated acut(es; showing the location (a) A of those parties who are entitled to receive a copy of such
widt depth and length of any proposed channel and dredge spoil application in accordance with section 47-27- of this chapter;
disposal site; showing all existingand proposed structures, sewage
%ollection and treatment facilitcia utility installations, roadways (b) All known present owners of record of adjacent land as
and related appurtenances or facilities. including those on adjacent reflected by current tax assessment rolls and all known claimants
uplands; describing the type of equipment to be used and the to water or riparian rights in or adjacent to the coastal wetlands
means of equipment access to the activity site; afcted
$0vru~t: Law~ Ig73. oh O. Sg, lg; IS74, .4. 401, !5 S, efto �om �
(d) An estimate of the cost of the activity; SOtIRCE& 1 1973. ch. 385. S 174, . 401 , 5, e ra
p.-g- (.lpp--A~ March 2S, 1974L.
(e) The primary and secondary purposes of the project. incluid-
ing contemplated future projects; � 49-27-19. Application--appearance at hearing by person
(f) A description of any public benefit to be derived from the filing objection-applicant's burden of proof and right to
proposed project dependent upon the proposed activity; hearing.
(g) A complete description of measures to be taken to reduce (a) Any person who files a written objection pursuant to section
'detrimental off-site effects to the coastal wetlands during and after 49-27-15 may appear at the public hearing and be heard.
the proposed activity; (b) The burden of proof shall be on the applicant. whether a
(h) The completion date of the proposed activity and of the hearing is held o' not .provided. however, no application shall be
project dependent upon the activitr, denied without giving the applicait a rignt to a hearing according
(i) An appropriate written report or statement of the environ. to the provisions of this chapter.
mental impact of the proposed regulated activity and of the final SOURCES: la.s, 1973, ch. 35. 1 gSIIX dO e from and aftr Juby 1, t73.
project dependent on it upon the affected coastal wetlands and the
life dependent upon them, provided that an environmental impact
statement treating the same activity in the same area and supplied r 49-27-21. Public i nspe ction of evidence, pplic tions a
related documents--record and trnnucriptlon of oral teal
to another federal or state agency for considering a permit shall eon
mony.
satisfy' this requirement if submitted by the applicant; and mny
(j) ~~~~~~~~~~~~~~~~~~Documentary evidence offer~ed at hearings and all applications
6) A certification that a permit from the Mississippi Air and
Water Pollutit con thatrol Comm ission ha s be en applied for or t hand related documents shall be open for public inspection at the
Water Pollution Control Commission has been applied for or that ofc ftecucla esnbetms rltsioysalb
office of the council at reasonable times. Oral testimony shall b
such permit is not required; that a permit from the United Statesofioftnl t reaob tie .ralt smnh be
Corps of Engineers has been applied for or that such permit is not o rded and shall not be required to be trancibed except he
required; that permits or other certificates of compliance with eventofappeal.
applicable municipal or county building codes and zoning ordi- SOURCES: Las, 1973. d. 3558/ 5); 1974, ch. 401, 4 6, e from and sr
nances have been applied for or are not required. p-Se (.ppm.ed March 25 1974)
(2) Any person filing an application to dredge an existing
chamnnel for navigational purposes need only show that such � 49-27-23.' Expressed public poliy to be considered in
channel was lawfully in existence on the date of enactment of this connection with permits-permit from Mississippi Air and
chapter and on the date such application was filed. Water Pollution Control Commission---resolution of eon-
SOURCE& Law, 1973, dI. 35, S(bXcNd); 1 974, . 40cb1. 413, ffr from flcts.
ft- Paa-e9 (CPpmo-d Ma-h 25 1974). In granting, denying, suspending, revolking or limiting any
� 49-27-13. Application-copy to be mailed to parties permit. the council shall consider the effect of the proposed
activity with reference to the public policy expressed in rcfcioa
The council shall cause a copy of any application to be mailed activity with reference to the public p oi cy ex pressed in section
immediately to the following parties: 49--27-3 of this chapter. A permittee under this chapter must
obtain a permit from the Mississippi Air and Water Pollution
(1) The chief administrative officer in the municipality or munic. Control Commission if required by the Mississippi Air and Water
ipalities where any panrt of the proposed activity will be located Pollution Control Commission under sections 49-17-29 to 49-17-
(2) The.president of the board of supervisors of any county 43, and nothing in this chapter is intended to waive the require-
where any part of the proposed activity will be located; ments and standards of the Mississippi Air and Water Pollution
(3) The director.of the state game and fish commission; Control Commission. A Mississippi Air and Water Pollution Con-
(4) The county attorney of any county in which any part of the trol Commission permit granted to an applicant under this chapter
proposed activity will be located or in any county which may be shall be proof of the applicant's meeting any water quality stan-
affected by such activity;, dard considered by t}e council under this chapter. Any conflict
(5) The district attorney of any judicial district in which any p an between the council under hi chapter and the Mississippi Air and
of the proposed activity will be Icated or of any district which Water Pollution Control Commission shall be resolved in'favor of
may be affected by such activity; the Mississippi Air and Water Pollution Control Commission;
(6) The director of the Gulf Regional Planning Commission; and provided, however, that the council may undertake studies regard-
~~~~(7) 7b cail" o te isisipi arneCoseing water quality and submit the resuluts of such studies to the air
.(!The chairman of the Mississippi Marine Conservation Cai- and water pollution control commisson.
mission control commission.
SOURCE&s La-., 1973, dt. $S3, 4S(et) ff Eroa ,ded Jfay July I1,VU. SOURCS Lars. 973,. 385. (a) '7 cl 441. '7/. ef fi a" tnr
pa-a-- (a{ppor Mard c . IL t4).

APP-3

� 49-27-25. Permits for old channels to be tissued without in this chapter. is not arbitrary or capricious and does not violate
bond. coanstitutional rights,. it shall affirm the council's order.
In response to applications for old channels under subsection SOURCES L., 1it73, eb. 35, I 7()(b), ef from snd lier July 1, i93.
(b) of section 49-27-11 of this chapter, upon satisfactory comple-
tion of the requirements of subsection (b) of section 49-27-1I1 by
the applicant, the council shall issue a permit to the applicant 49-27-41. Appeal to chancery court-complaint-return
without bond. date-cost bond-record-appeal with supersedeas.
SOURCES: Lawa, 1373, h. $ 8, 6(b), e. from and after July 1, 1973. Such appeal shall be brought by a complaint in writing, stating
fully the reasons therefor. signed by an authorized partyj and shall
149-2727. Permits to dredge new chsannela-considera- be served at least twelve (12) days before the return date upon the
tions and restrictiona. council and upon all parties having an interest adverse to the
In considering pesits to dredge new channels by applicants appellant as designated under subsection (a) of section 49-27-39.
P-13 ~ ~ ~ ~ ~ ~ ~ ~ ~~~~~Such appeals shaft be brought to the next meurn day of' the court
under subsection (c) of section 49-27-11. the council shall take ct
to section 47-27-23 e benefit of after the fling of such appeal or may be returned to a day set by
cinnto tconpidecation in addition flago to ine hat of the court. A cost bond must be posted with suficient
such channel to the public at large, or to urrounding andowners sureties payable to the state in the sum of not less than one
ea od the ext.en of use projecteaold for thet channel. 5 well hundred dollars ($100.00) nor more than five hundred dollars
cologial, economic, commercial, recreational and aesthetic valUe ($500.00). to be fixed in the order appealed from and to be filed
of the welands affected. The council shall, where practical. requre with and approved by the director of the council, who shall
applicants to use existing channels, so as to reduce the coastal forthwith certify the same together with a certified copy of the
wetlands affected. ~~~~~~~~~~forthwith certib/ the same. together with a certified copy of the
~~~~~~~~wetlands affect~ed. transcription record of the proceedings of the council in the
SOURls: Law., 973, Ca. 385, 6(e), e from OMd after July ; 1973. matter to the chancery court to which the appeal is taken, which
shall thereupon become the record of the cause. An appeal to the
� 49-27-29. Conditions or limitations may be imposed on chancery court as provided herein shall not stay the execution of
grant ofpermit. -m order of the council; provided, however, that any party ag-
In granting any permit the council may impose conditions or grieved by an order of the council may petition the chancery court
limitations on the proposed activity designed to carry out the for an appeal with supersedeas and the chancellor shall grant a
public policy set forth in this chapter. hearing on said petition, and upon good cause shown may grant
SOURCES: Laws , ` 3856d), r, from and ler July 1, t3. said appeal with supersedeas in which cae the appellant shall be
required to post a bond with sufficient sureties according to law in
� 49-27-31. performance bond may be required--excep- an amount tobe determined by the chancellor.
don. SOURCS.- Laws, 3973, i. . 3851 7e, e(fc L firo and a.ler July 1, 1973.
The council may require a performance bond in an amount to � 49-27-43. Appeal to chancery court--ervice upon .oun-
be set by the council with surety and satisfactory conditions c---certfcation of record
securing to the state compliance with the conditions and limita-
tions set forth in any permit, except a permit under section 49- Upon the filing ofan appeal, the derk of the chancery court
27-25. shadll serve nouce ucreof upon uthe .ouncil, wnereupon the council
SORCE&S: Law% 1973. ci. 385, �6 (e ef from and after July 1, 19273. shall within sixty (60) days. or within such additional time as the
court may for cause allow, from the service of such aotice certify
4 . Suspension or revoationof permit after noti to the chancery court the record in the case. which record shall
� 49-.27--33. Suspension or revocation .of permit after notice ~ d rnap faltsioy l betos l xiiso
include 2 tradns'ipt of all testimony. all objections, all exhibits or
and hearing.
and hearing. r~~~~~~~~~~~~opt's thereof. all pleadings, proceedings, orders, findings au~
The council. after reasonable notice in writing to the holder of a opies thereof all pledings, proceedings, order, findings and
permit and after a hearing in the mnanner as provided in sections opinions entered in the case; provided. however, that the parties
.-ermit and after a hearing in the manner as provided in sections adterudmysiuaeta nyasehdprino h
492715to49272,shall suspend or revoke a and the council may stipulate that only a specified portion of the
49-27-13 to ~9-27-21 ofthis chapter, shall suspend or rcvole ;rrecord shall be certifed to the cowt as the record on appeal
permit if the council finds that the applicant has not substantially 3)J L. 1 . 3 7(d fo and aerJly 1, 1c73.fd to t coa hen a pe
complied with one or more of the conditions or limitations set
forth in the permit or has exceeded the scope of the activities as �49-27-45. Appeal to chancery court-when cae to be
set forth in the application. referred back to council.
SOURCES: Law, 1973, c 3835, I6(0); 1974, c. 401, a, eft from and altr If., upon hearing such 'appeal. it appears to the court that any
pasage (s~ppmred Marh 25, 1974). testimony has been improperly excluded by the council or that the
facts disclosed by the record are insufficient for the equitable
� 49-27-35. Findings, reasons and descriptions to be re- disposition of the appeal, it shall refer the case back to the council
corded by council to take such evidence as it may direct and report the same to the
'The council shall state. upon its record, its findings and reasons court with the council's findings offact and conclusions of law.
for all actions taken pursuant to sections 49-27-23 to 49--27-37. SOURCES: La, 1 37 cl 385, 7(e), ef from and ater Jul 1, 1375.
When a permit is granted, the council shall describe the public
interest to be served by granting a permit. When a permit is � 49-27-47. Appeal to chancery court-precedence-powers
refused the council shall describe the public interest which would of chancellor.
be adversely affected by granting the permit. Such appeal shahll have precedence min the order of trial, and the
SOURC&S: La., 1973, cl. 385, I 6(Wd. ef from and after July 1, 1973. chancello r may order the gr anting, denial, revocation, suspension
or limitation of any permit or may remand to the council for such
order.
� 49-27-37. Copy of order in issuance, denial revocation m SOURe La 13, , 3 () fm ad rJU 11
suspension of permit to be sent to parties--time.
The council shall send a copy of any order in issuance, denial 49- 9. Appl to supreme court
revocation or suspension of a permit to the parties stated in Appeal to court
section 49-27-17, and such orders must be sent within ninety (90) Appeals may be taken from the chancery court to the supreme
days from the receipt of the application in the case of granting court the manner as now required by law, except that f a
denying or thirty (30) days from the date of the hearing in the supersedeas is desired by the party appealing from the chancery
denying or thirty (SO) days from the date of the hearing in the
case of suspension or revocation. court, he may apply therefor to use chancellor thereot, who shall
SOURCES: Laws, 1973, el 316(h), efrom d auy 1 1973 award a writ of supersedeas without additional bond if, in-his
IIOUrRCES: Laml 197,,, 385s. J 6(h).efffrm and afer July 1, t~/-lf
judgment. material damage is not likely to result thereby, but
otherwise he shall require such supersedeas bond as he deems
� 49-27-39. -Appeal to chancery court-when council's or- proper which shall be liable to the state or applicant for such
der to be confirmed, damage.
(a) An appeal may be taken by the applicant, or any person or SOURCES: La, 1973. cla 385, 7(g). ef from and alfter July 1. 1973.
corporation. municipal corporation. county or interested commu-
nity group who has been aggrieved by such order, from the denial.
suspension or revocation of a permit or the issuance of a permit � 49-27-51. Atons agast volators-who may initiate.
or conditional permit and who has filed written protest dr objec- (L) The attorney general of the State of Mississippi at the
tion as specified in sections 49-27-9 to 49-27-21, within thirty request of the council, a district attorney having jurisdiction, or a
(30) days after the mailing to the parties of the order of issuance. county attorney having jurisdiction may initiate the civil or crimi-
denial, suspension or revocation of any such permit, to the chan- nal actions, or both civil and criminal actions. as described in this.
cery court of'any county having jurisdiction over the property chapter against any person or persons believed to be in violation
which may be affected by any such proposed activity to be autho- of ths chapter.
rized by such permit. (2) The parties described in subsection (i1) of this section may
(b) If the court finds that the order appealed from is supported inmitiate actions to enjoin any person or persons believed to be in
by substantial evidence, consistent with the public policy set forth violation of this chapter.
soURCES: Laws. 173. 13c 3, I s1(Xb) 3974. h. 401. e 9,fro -d af-r
AP -apge (approed March 5, 1974).
APP-4

� 49-27-53. Jurisdiction and venue forjudicial action. 49-27-65 Evluation of coast wetlnd-cha ed -
Jurisdiction and venue for judicial actions brought pursuant t ttion of publio-overall use plan. -
this chapter shall lie in any county or counties in which the alleged (a) In order to implement the policy set forth in the chapter and
violation occurs or in which property affected by such violation is to assist the commission in protection of coastal wetlands, the
located. council acting with the cooperation and assistance of the Gulf
SOtRCES: Las 19373, ` 3s, Ecc, eff om and ater JuIy t, 1973. Regional Planning Commission and the Gulf Coast Research
Laboratory shall evaluate the coastal wetlands and prepare charts
� 49-27-55. Civil liability of violatora-restoration-punl. at an appropriate scale showing the distribution of coastal wet-
tive damages--mandatory injunction-jurisdiction of circuit lands as defined in this chapter. These charts will be provided to
or county court--remedies preserved. the offices of the chancery clerk of affected counties and to the
(a) Any person who violates the provisions of this chapter shall Gulf Regional Planning Commission. The chas will be updated
be liable to the State of Mississippi for the restoration of al and reissued periodically as needed to provide a current inventorl
affected coastal wetlands to their condition prior to such violation. of coastl wetlands.
insofar as such restoration is possible, and for any and all damages {b) The council shall promote the education of the public about
to the wetlands. The appropriate chancery court by writ of manda- scientific and economic knowledge concerning coastal wetlands.
tory injunction shall allow a reasonable time for completion of the (c) In recognition of the national policy expressed in the Coastal
restoration and may, in its discretion, order as punitive damages a Zone Management Act of 1972, Public Law 92-583, the council is
sum not to exceed five hundred dollars ($500.00) per day for each directed to include an overall plan for use of.coastal and. private
day such violation has existed. The said chancery couri may wetlands in the Mississippi Coastal Zone Management Plan being
further order as punitive damages a sum not to exceed five prepared by the council, and the council is further directed to
hundred dollars ($500.00) per day for each day that the violation identfy and include in such plan specific coastal and private
existu beyond the date set by said court in its injunction for the wetlands which the council recommends should be set aside as
restoration of said wetland. If injunctive relief is not sought, the estuarine sanctuaries.
appropriate circuit or county court shall have jurisdiction over any sOURCEs Law, 1973, 1.. 385, I, eff rom and aferJulI 1 1973.
action for damages and/or punitive damages as set forth in this
pagraph � 49-27-67. Exclusion from assessment for ad valorem
(b) Nothing in this chapter shall preclude other statutory or taes
common law remedies by public or private parties against violato Any coastal weands now assessed for ad valorem taxes against
or nonviolators of this chapter. the abutting landowner shall be exclduded from the assessment of
SOU Rie Lasi, 3. h. sJa5 I (dXe), e from and afterJuly 1, ]. the said landowner's property upon proper application being
made as otherwise provided by law.
� 49-27-57. Fues and penalties. SOURCES Lan. 1973, CL 5. , ,4. eff froi and alurJuy 1.973.
(a) In addition to civil liability under this chapter, a violation of
this chapter is a misdemeanor and shall be punished by a fine of �49-27-69. Disposition of fees and other sums
not less than one hundred dollars ($100.00) and not more than AU fees and other sums received by the council pursuant to this
one thousand dollars ($1,000.00) or by imprisonment of not more chapter shall be deposited to the credit of the general fund of the
than thirty (30) days, or both. State of Mississippi.
(b) In the case of continuing violations, each day shall constitute SOU RCES Law 1973. ch. 35 13. . Aw from ad aI nJody 1. AI3.
ta tae charge; however. separate violations under this chapter
n "d Kot be severed for trial when an identity of parties and
location exists.
(c) It shall be a misdemeanor to materially harm or disturb
scientific devices and recording inptrumenuts left in coastal wetlands
by authorized agencies of the state or federal government, and .a
violation of this subsection shall be punishable by a fine of not
more than five hundred dollars ($500.00) or imprisonment of not
more than thirty (30) days or both.
SOURCES: Laws 1973, . 3S5, � 0, ef froma and afserJurl. , T3.

�49-27-59. Rules and regulations
The council shall adopt, promulgate and publish rules and
regulations for the implementation.of this chapter. Before becom-
ing effective, such rules and regulations, and any changes thereaf-
ter, must be published once a week for at least three (S) consecu-
tive weeks in a newspaper having general cirrulation throughout
the State of Mississippi. Such rules and regulations shall provide
procedure whereby an individual or organization may receive at
their own expense copies of the applications provided for in
section 47-27-13 of this chapter.
SOURCES: Laws. 1973, 5, J 1, eoff from and ater July 1,' l973.

� 49-27-61. Charges for materials removed under permit.
The council may charge the fair market value of any materials
removed from coastal wetlands by a permittee or his agent under
the terms of any permit issued.
SOURCES: Laws 1973, . 33. I 11, el fIro and afteruly 1, 1973s.

� 49-27-63. Investigations and reports of violations.
The council and the marine conservation commission shall, from
time to time, inspect the coastal wetlands to determine whether
violtions have-been or are being committed and report any such
violations to the council.
SOURCES: Laws97, c1973, r5, 35, 1, ef m and afterJuly 1, 1973.

APP-5

APPENDIX B
MISSISSIPPI MARINE RESOURCES COUNCIL
(NOW BMR)
Enabling Legislation

APP-6

I 57-15-I. L*&Isative declaration. Any g-otins eniening into suich an agrtesnent thall comply with
The Legislature hereby declares that this chapter is being en- The prasvlimu% ealitrrin.
acted uinder the state's inherent general welfare and police power SOIRCIDS- LA--6 5973, ib 420. J, it 1970; ch'. 492, 14. get trai and stair
afaisdsos'ty for the broad purposes hereinafter set forth in an effor t paaif (approved Aprili 13. 1979i.
to explore. develop. conserve and market the underwater natural
resouirces of this state. particularly those lying offshore in Ohe 1 57-1"-. Goals ofcoastal programn.
coastal wagers of the State of Mississippi. 1I) In recognitilon of file Coastail iZistie Management Ace of 1072.
SOURCES. Codes. 1942. 1 5946-160;L- 90, cha~. 2 93 eli as.. s l fom a" a ~ s Amended. the council is directed to prepasre and implement a
after passae (approved ApraS 3. 19701. Coasstal program giant estahllihes gutdelitses and procedures pursau.
� .57-15-3. Wldlifecanseralicas coraani.,%in In i.4itealit to the followiliig g~ials:
p 57-15-of maindie ressnutrce rns 4 ommmssm..ta (na)sm To provide Iuir reasonable industrial expansioan in the coastal
powers tif usauiats' ri-sou~~~~~~~rces u i.are and to insure- the efficient utiluation of waterfront industrial
(II Th'le XG.smsisppi Collli~nivinns on wlidllft. (Asuiervattnn. here- sites so that suitable sites arc conserved for water dependent
inafter Vreerrcd 40o1 41s 4 tu-4*',3ucil.'" Mli~tll Ile thle Nil-ssiasspsi Marine industry;
Resturces Cokuncil. anti Shall hintiotnt itmistar as practicable under (h To conserve the resources of the coastal area for this and
'he prissisions of (viapive- 4 of' lutle 49. Slississippi CAsdt' Of 1972. succeeding generation.% in a~ccordance with the public policies
through the bureau of marine resources of the Mississippi pri- expressed in sections 39-7-3. 49-lb-.4 49-17-3. 49.-27-3 and 51-
ment of Wildlife Conservation, in cnooperation with the Mississippi 3-Il. Mississippi Code of 1972;
Agricuiltural and Industinal Board. thse It'vlsmsippi Rosearch and (c) To consider the nationtal interest involved in planning (for
Development Cosuncili. and the huoird oaf trustees for stale iniititui- and in the siting of facilities in the coastal area:
tions of higher learning, with partniacla referenve to the gulf coast Id) To encourage thfe preservation of natural scenic qualifies in
research lahos'atory. the tninersaisti marine center, and the taniver- ara
atties and collegrs which are (ouciscting aceanoagraplhic resac.eT sitlclgvrmnsi the provision nf pbli
Tb. offices of tile hureau of anintie rematurcs shill l' lcac-ted in eToasslclgvemntinhepvsonofubc
Hancock. I lArrissin oar laisii Wmiginiestme. Eacilities and servitces in a manner ronsistent with the coastal
(2) 'Me W. urils -htsIssi8,1lji "Alairin-Itts' (mirct, 0'aistteil.' wher. progisai: and
"or livyinavalil ar sit hiss-Law tii thke State iif Missip.shall M( To insure the effective. coordinated implementation of public
beve they tltd .1i~t.2 eile 61%epsClasino idiepolicy in the coastal area of Mississippi comprised oIf Hancock.
hoervcicasnie Hnmarrth issispiCmison on'idie2 ndjarkson Counties.
SGIC F-:I.111.ct 8.�2.ffom ndsfervation. 979 (2) It is the intent of the legislature that the coastal program
SOURES:I.... t78.cli 484( 2. i tiO~ ~d aiirJly . 179.described in subsectiton (1) of this section should compoise a
� 57-15-5. Purposes; p oes statement of consoalitlats-d- stats' lu'hiev ill the citast11al-Cae~. uirarfrpn.
(1) I ~ ~ ~ ~ ~ ~ ~ ~ ~~~~~~~~~~~~~~rt ingcb dcared Itllit hae 11Vinutetortheisltr yraiiiisalalil"Ile pirevisiotis. laws and regulations
(his Chat iereh dClae ohe t inten of'he -legisltr byOf the tat ofMi "issipp Where the coastal program includes
thi ehpe ta he polifcy Ofllte c-utincil hereby created shall be poiin htaeolrit ne h uidcano nte
conducted acicorditng to file follouwing guidelines: ilh' council shall P r vstate aecy, th ac Daasris undogra lifel nuidct conflictanothesrc
have the general purpose and uitlicy oaf studying and developing s a eagen cth e Cuclyrgetsh l t cnfi. WuilluiStich
plans. proposals, reports anti recrmimmendations for the develop- gnysursinil
aiens and utiluat ion of the coastal and offshore lands, wagers atid (3) In addition to (he powers and duties now conferred upon
niaerine Fesoaurts's of this staic inl Order to insure ltsat all future ' hem by law, all state agencies shall carry out their responsibilities
plans and/or psrogramis of the Sitae of Mississippi involving the in the coastal area in compliance with the coastal program de-
field of mrione r-sotrces and %cieches, oacamnogaphic research, " abed in subsection (I) "I (his section unless otherwise prohib-
and retass'l %Itaulias, will ht- cuiuurdliuuiaitl with comaaiirable fuanctions ited by law. The coastal Program shall include isrocedures by
And programs of .ugncraiesil ofthe' titted Statei government. 'me' which conflicts beisweets stile agenvcis concerning their compli.
council] sh.ill fuarther have thle ftirpiose atid policy in help coqrdi ance with the coastal program may be resolved. Further. the
elite. as here',iinwis pitis-idei. ill lillns iOf other or'ental.% of ibis council shall estahlish in the program procedures to review and
estate enagaged iii sitnilair activitic's ;iticl uif hthe violnnu %atitts of the coordinate any decisions affct~ing the Coastal area so that 211 State
Lliiiedl Slawe (ifl Amecrica. ;itud also with all povitec agttcp hs agencies and ocher interested parties will have the opportunity t
puse s marne scence rid esoitee deelushtneus. ['ies wcounci panticipate in such decisions. t
iste authorized to enter into) (aitract with, ally stale or~ (4) In cooperation with Other agencies having responsibilities in
federal agency as may he necessary ;and re-qtisite in carry out the the coastal area, the council shall seek to develop "one-stop
purposes sif thris chapter. '[lie rfittitici shall have jit.e responsibility permitting" to coordinate the processing an isunpfpris
for the general management of tile state's wetlands. licenses and other sutche instruments in the coastal area. It is the
(2) The council is authorized and empowered in solicit and intent of the legislature thatt one-stop permitting shall expedite the
~te~ financial support from stiurces other than thle state. includ- decision making Of 211 governmental entities having separate regis
ing private or public sources or fuiindaiions. All funds received by wihu mign nterglatory jurisdiction or authority Ove ciiisi teCatlae
or appropriated to the count-il shall lie deposited upon receipt w thout imig igonvh ernnseytitsdctnoraltot onites
thereof into a special fund in the state treasury to he known and e sgvmina
designated as the "Mississippi Marine Resources Council Fund." One-stop Permsitting shall be implemented by means of the
agreements authorized in subsection (41 of section 57-15-5. and
Expenditures from said special fund shall be made in the following s hall provide for the following-
manner, expenditures by and for the council for the purpose of a igeapiainfrm o l eurdpriiso pe
cearrigotis ucin sprovide Of ta halbmde cwnilth als from governmental entities in the coastal area; such applicationi
the aprovl ofthe ouncl atany meeting upon requisitions form shall contain sufficient information so that the necessary
presented to the state auditor in the manner provided by law. and rveso l fetdgvrmna niiscnb xeiiul
paid by the state treasurer. Full and complete accounting shall be r eviw ralafce oenetlettearn bxeditously
kept and made by the council for all funds received and expended ()Cnoiaepulc harinssrta inged pthuceain
by it. Representatives of the office of the state auditor of public may Cosoiaedv ptoi metheareirmngs sof thate several public hearings
accounts annually shall audit the expenditure Of fund, received by aYsma no beprovied1 mby the freqsuirmnts of thpeeralt pulichearings
she couoncil from all Sources and the said auditor shall make a a mynowther psti d eylaho issutimngt emt icnste coasarea
complete antI detailed report si "'ch audit In the legislature. It is o t e icinrmn nthcaslae;
further provided that 211 state appropriated funds expended shall (c The shritest practicable review period for application%.
conform to 211 requirements of law as provided for expenditures Proper allowances being made for all interested parties to become
by te 12S aplicble10 t e c m m i s ion f bdgetandaccont.informed and to make their opinions heard by the appropriate
ing. fnCC;nt
(3) The council may solicit, receive and expend contributions. td) joint permitting procedures for state and federal agencies
n~~tching funds, gifts, bequests and devisesh fom nysuc.Te'nostop Permitting Provided for in this subsection shall
Whetching funds, gitsl, Pbequests and devises flhrom~ b anynsuale not. alter the Pouwers. ilat it-s and rC$PonSisilttieS Of any governmen'
whethr fedrial, st ate ulco riae, fauhrizdb gannaalcentity, its expressed Purpose being go improve the procedural
appropriations sherefor. ~~~~~~~~~operations or these entities.
(4) The council may enter into agreements with federal, state. (5) After consttltatiisn will county part atithorities. development
public or private agencies, departments. institutions, firms, corpo- omsinadpnadhro omsin aigjrsito
rations or persons to carry out ill policies as provided for in this omisstitcoasta anda filati-citandi sharbl mirelor s havng jursditieonsa
Schatr To" aomplish Sthese 2ols theri provnid a xend. ayProgram a long-term plan for the develolpment of suitable sites for
such sums from ny source as hrein providedwager dependent industry. 1'Ile council shall include in this plan
Thd agreements provided for in this subsection shall include. Provisions for the disptisal of spoil material from dredging opera-
but not be limited to. the following provisions: tions. In designating suitable sites for water dependent industry.
(a) Ile duration of the agreement; the council shall consider the nature and extent of specific altera-
(bI The purpose of the agreement;
(ci A description of the procedures to be used in carrying out
the Purpose Of the agreement: and
(d) Provisions for termsination of the agreement.

APP-7

tiin, Itlht v oulld serve a higher pilhlh mhul-*l m rsulanlt i the
developnmen of these iles.
(6) Where necessary to inplmelnm lebh- timr..l program de-
rribed in lih.bettion (1) of this t'Ciisun. the Cln11cil nay acquire
real or peromnal properv y ptlrthlave. c;nd'miuailon. lease or
agreement as .luthori/ayl front Ilene It l Iv die legislature.
SOURCES: La.. 1979. cb. 49,. S,. elft rom ead after passage approved
April It 1974L

� 57-15-7. Objectives of council.
The council exercising the prerogatives and functions as set out
in section 57-15=-. shall have as the aim for the State orf Missis-
sippi to provide for effective, efficient and economic development
of marine'resources available to the State of Mississippi. and to
cause suitable skilled professionals and labor to harness the ma-
rine resources of this stateas coastal. offshore and water resources
toward achieving the highest economic growth potential possible
through modem concepts and technology in the oceanographic
fied and scientific discovery of underwater marine resources. To
accomplish these goals. the council shall carry out or cause to be
carried out continuing study of the science of oceanography as it
relates to Mississippi. and the development of a long-range ocea-
nographic program for the State of Mississippi.
SOu)rUES. Coda t1942. 394S6153; oAm. 1970, di. 293. 13, ef fromn sd
er passage (approved Apri 3. 1970).

� 57-15-9. Advisory functions.
The council. exercising its duties and responsibilities. shall also
act in an advisory capacity to the governor and all related state
agencies, including the board of trustees of state institutions of
higher learning. the Gulf Coast Research Laboratory and the
Universities Marine Center which are conducting oceanographic
research. All state boards and agencies engaged in activities in the
Fhel of marine rnumir'cs antid itehnoldigy shall aitili7T this commit-
NHm e as a l iearinigilur ise all reuto a ndl lnure joint lederal-state
programs whether presently administered by an existing agency or
not; to advise on the best programs available to the State of
Mississippi for the development of its marine resources, and how
to apply for. receive or hold any and all such authorizations,
licenses and grants necessary and proper therefor; to advise on the
utilization of all facilities in the State of Mississippi for marine
research and development, such as the future maximum utilization
of the NASA-Mississippi Test Facility, but not limiting the provi-
sions of this chapter exdclusively thereto; and to advise on all in-
depth studies necessary to carry out the provisions of this chapter.
This chapter shall not, however, abrogate the authority of the
Mississippi Marine Conservation Commission, the board of trust-
ees of state institutions. of higher learning or the Gulf Coast
Research Laboratory. the Universities Marine Center, or of the
individual institutions under the board's control to apply for
grants, and to carry out oceanographic research. Said council is
hereby authorized to receive services, gifts, contributions, property
and equipment from public and private sources to be utilized in
the discharge of the council's functions, all to be done within the
purview of this chapter.
SOURCES: Codes, 1942, 8946-14; Laws, 1970, ch. 293, J4, dr from and
after passage (approved April 3, 1970).
� 57-15-11. Repeaiedlby Laws. 19071. ch. 484. � 26. eff from
and afer July I, 1979.

� 57-15-13. Repealed by lws. 1978. ch. 484. � 29. efr from
and aferJtuly 1, 1979.

� 57-15-15. Repealed hiy l.lw. 1978. r'h. 484. � 26. eft from
and afterJuly I. 197).

� 57-15-17. Minutes ofproceedings.
The executive director of the council shall keep regular and
accurate minutes of the council's proceedings in a minute book
provided for that purpose which shall be a public record and all
findings and recommendations and acts of the said council shall be
entered upon its minutes as may be necessary for its official acts,
*leds, expenditures and other major objectives to be itn keeping
with established state agencies.
SOUICES: Codes, 1942. 8946-158; Laws, 19io, ci. 293, I S, ef (roam soa
aher passage (approved April 3, 1970).

APP-8

* APPENDIX C
MISSISSIPPI MARINE CONSERVATION COMMISSION
(NOW BMR)
Enabling Legislation Fisheries Management

APP-9

� 49-iS-1- Public Policy of thesantemanto seafood laws. � 49-15-7. Oyster, clam, cay ahells and other shellsdeclared
As a guide to the mrtrratrnadapplication or this chapter. to be property of stage.
the Public policy of this state shall he to recognize the need for a All shells or dead oysters, clam& and other shellfish; and all of
concerted effort to work anwatrd the priatection, propagation an~d the oyster shells, clam shells, mussel shells, dead reef Shells, and
conservation of its seafood and aquatic life in connection with the cay shells, bring upon or under the bottom of. or under the
revitalization of the seafood industry or the State of Mississippi. a ide-water-s within the territorial jurisdiction of the State of Missis.
which is one of the state's major economic resources and affords a sippi. and all beds, banks and accumulations of such shells withinS
livelihood to thousands of its citizens; and in this connection, it as s u ch territorial jurisdiction on or under the bottoms of such
the intent of the legislatttrc to provitle a modern, sousina, conipre.. waters, or turroundrd by such waters, being the property of the
hetssive and workablle law to he admtinistered by specialists, who State of Mississippi are hereby further declared to be the property
ate vested with full and ample authority to take such action as may of the State of Mississippi under the jurisdiction of the Mississippi
be necessary in order to help protect, conserve and revitalize Marine Conservation C~ommission.
seafood life in the State of Mississippi; it being at all times *5OURCES: Lawn, 1974. ch. 572. If1, tW from anid sfier psagsge (approved
remnembered that all of the wild aquatic life found in the waters or A-ril 23. 1974).
the State of Mississippi and an the bottoms of such waters, until
taken therefrom in the manner hereinafter prescribed, is recog.�4-159 Righta of riparian owners on Gulf Coast defined.
nized as the property of the State of Mississippi because of its very The sole right of planting and gathering oysters and erecting
nature, as well as because of the great value of the State of the bathhouses and other structures in fronn or' any land hordernog on
aquatic life for food and other necessary purposes. the Gulf OF Mexico or Mississippi Sound or waters tributary
SOUSRCES: c~des. t942. 4 07.l Law.1 1960. chi. t73. J 5, eff tram sand SfEW thes'et belnngs to the riparian owner and extends not more than
pa,,s (sppmrosd MIarch 23, 5961)). %e've'f ltui~ltflad fifty (711) yardit frntss tlt share, mrastsring fr'om
the Average low water mark, but where the distance from shore to
� 49-15-3. Definitions. sahor is less than fifteen hundred (1500) yards, the owners of
(a) As tUsed i athdis thliuilti. lthe lIt- i "...... 0-l" S1,11s illegalsi .aI either shore may plant and gather to a line equidistant between
o~ysters. salaakater lisls, saltssalli slrill.b iillikiik telrrapiia. Se the two (2) shores, but no person shall plant in any natural
turtle, crabs and all oilier sjwcivs ul unswiine or %altwater aititial life -Cdannel so as to interfere with navigation, and such riparan rights
existing or living in the walesrs witllita the terr itisl ial jurisdiction oif fdall not incltide any reef Or natural oyster hed and do," not
the State of 'issip.lextend beyond any channel, Stake~s of such fral1 materials% as will
lb) 'flue suid Whimipitt" wlutia 'ed hlivls. slm.ill have. icler. not injure any watercrafrt may he set UP to designate the bounds of
ence to the cltief insptectur. the assistlant iliiel inspvctor or Jay the plantation, but navigation shall not be impeded thereby. Any
deputy inspeclor ivttipluied lay tlu' hlissisijpsi Ilepartitacai of' oysters planted by such riparian owner are the private property of
Wildlife Ccnsessrvation ansd acting untder aihsistiiiiy of the Missis. s uch ri155rian Owner, subject to the right of the commission go
sippi Commtiissioni oil Wildlife (Cilassrvatiuli. adopt reasonable rules and regulations as to the planting and
(c) 'Vise tvnn "conitiasssioti." whech used lierciti, slull rcfer to the galhering of'such oysters. All bathhouses, Piers, wharfs, docks and
Mississippi Comanission tin Wildlife' Conservaiiissi. pavilions, or other structures owned by riparian owner are likewise
id) Thie words "Mississippi %ait ine Cuonservationi Coininissiumi" the privat Property of such'owner, who shall be entitled to the
wherever they appear itls the kiwi oh the State of hfississippi. shall exclusive use, occupancy and possession thereof, and may abate
be crssruedto aea theMisissppi oiiitiisicis n Widlie -any Private or public nuisance committed by any person or pet.
be con~~~~~~~~~~~~~~~stre oni-nth kiisiComsso ti idie os inthe area Of his riparian ownership and may, for such
Conserca.tion. Purposes, resort to any remedial action authorized by law. 'The
(e) 'Ilse teveli "tsatuiril tct's' shall be dcluites as atty bottom governing authorities of any municipality and the board of super.
under she jurisdictioni of the- is. umitisiutitu of lie or titoes acres Ott viesors of any county are autho~rizeol'to adopt reasonable rules and
whic %"ssteras tros aIrruralt ,o ~a lust'i grishitnatrlli a% ;ISuan-f iel rgations to prolect riparian owners; in the esijoytnent of their
sit sulaciii towaruti esittiseeia lilitig s alucus f Ich'riparian rights. and for such Purposes -ay regulate the use of
hood, of 'lhal have beell used Ilk such a tmfiiatnei witlaiu a period of b e raches, landuiags. And riparian areas abutting or- frontIerg o"
test (101 years liest ptiecdiitg ihe timae it wshitli suidi butauttis niisy roads. streets or highways.
comise up fur detcristitsationi by [fecoititisu ,SOURcM Codes, 1942. �6"07.10; La.s, 196, O. ITS.5 11" I196 . ell. 193,
(OI)lsle terts "totiging rueef" is de.fined as atty buttssnt unsder ther
jurisdictions of thse coiiaintssioui of one us inlitt ACres ott 1twhsc � 49-155-11I. Wildlife conservation commission to assume
oysters grow isatursully. and where they have buv's taken by the Use powers of marine conservation esnmssission.
of hand ftwigue in cosfnsservia quantitites for a period of ten (10) The Mississippi Comminisinn oin Wildlife Conservation shall be
years next preceding the tirne at which such bottonsa asay come up the Mississippi Marine Conservation Commissionr, and is herebry
focr determinatiots by the cotintaissiuts. vestled with full power in manage. cointrol, supervise and direct
(g) 'The termn "tonging reef." in additionitts tire areas described any matters lstrttinilsg it, .ill siltwaii'r ;inelitiic life nstinls eerisisr
in par-,grasph (I) hereof, shall iticlude all of ilthse areas described delegated to another agency. Said power shall be excrcised
in section 49-15-!I9, asad isa addition thereto tie flullwing area through the bureau of marner resoturces of ihe Mississippi D~epart-
hereinafter described: ment or Wildlife ousr'ian.insonfar as practicable uinder she
Waters of the Bay of St. Louis north of the Louisville and provisi ons or Claiaur 4 1 Fitulle 4I'. INsssImmsopi Gode of 1972. -11e
Nashville Railroad Company's bridge, and offices or the bureau raf niarine resovarres shall be located in
In the limits beijinnitug at a point one (1) nuile fronm shore in the Hancock, HaIrrison at-Jackson Counties.
City of Bay St. Louis at the Louisville atad Nashville Railroad SOURCES: LA", 1974, ch. 572,12; 1975. ch. 454. 924. off tram and sfierejuy
Company's bridge. thence southerly following she ntrsanderinus of 4, 1979.
the shore along Say St. Louis and Wavelsod one and one quarter
(I 14) miles therefrom to the head of Waveland Avenue in the � 4915 2 (Repeailcd III- Laws. 1978. tIll 4N.I. �26. ell ruink
Town of Waveland; thence westerly to the shore at the head of and afterjuly 1. luJ79j. '
Waveland Avenue. and 49151.1Rpae vIa% 17.c.44 �21 f ro
In the limits beginning at a paint one (1) mile from shore irk the �4-51. lujiaidh ~w.17.c.44 2.effo
City or Bay St. Louis at the Louisville and Nashville Railroad a n d after loIv I. 19791.
Company's bridge, thence southerly following the mneanderings of
the shore along Bay St. Louis, Waveland, Clermnsot harbor. Lake � 49-15-15. Juierdidatieon. authority and duties of conmisis.
Shoire and one and one forth (I1�) miles therefrom to a pointSin
known as Bayou Caddy, thence westerly to the shore to a point (1) The express pupse~ha( of this section it to furnish the corn-
created by Bayou Gaddy and the Mississippi Sound, msission with Biirisualu tisaua .i11aiil ihuloai~v tsver all marine aquatic life.
SOLIRCEM Lws~, 1975. cb. 484, 923, eI frmm sand after July 1. 19791. (21 'liii, rmiiiaiimisi,i shill have ' fof iusidislii~iliinntI itamtrol onfall
� 49-I-b. A scafoda isitasly th proprty o the tate.public and natural siv.tes rei-is aisd oysicr Isaincims of the stater of
All seafoiods existing or living in waters within the territorial M3 ncnet o ilssisiissippi.nadatoiy h oms
jurisdiction of the State of Mississippi not held in private owner- ()ion: cneto il ijtidcinadatoiy h oms
ship legally acquired, and all beds and bottoms of rivers, streams,son
bayou.s, lagoons5, lakes, bays. sounds and inlets bordering on cc (a) Shall set standiards #if mcvaqiarr.
connecting with the Gulf of Mexico or Mississippi Sound within Nb Shall open, close, and regislate fishing Season% for the taking
such territorial jurisdiction, includingj all -oy~sters and other shell of shrimp. oysters, fish taken for comnmercial purposes and crabs.
Fish and parts thereof grown thereon. either naturally or cult]: However, the shrimp season shall open an the first Wednesday of
vated. shall be, continue, and remain the property of the State of June. 1974. and on the first Wednesday of junec in each vear
Mississippi. to be held in trust for the people thereof until title the.,after; provided. however. that the commission. bv majrit
thereto shall be legally divested in the manner and form hereinaf. vote, may open the season at an earlier or later date orly afierS
ter authorized. and the same shall be under the exclusive control sampling areas within its jurisdiction where shrimp miss be .caught i
of the commission until the right of private ownership shall yest for the purpse of detenimining the count of shrimp .per pound.
therein as hereinafter provided. The commission may also. by majornty vote. close certain deasi.
SOURCFS:Cosdes. 1942.9 647-03; La-%s, 2960,eh. 173.43.cffl ras and aftes, nated areas where the shrimp' count is fotand. by sampling, to be
p"a'sse (pp~osed Marchi 23, 190o~ in excess or sixty-right (681 per Pound.

APP-i 0

(c) Shall set site,. catching and taking regulations for all types of (o) Shall require all boats used under regulation of this chapter
seafood and culling regulations for oysters. Unless otherwise which are also used in waters of other states and required by such
permitted by the commission. no oysters shall he lakLen from the states to pay licenses or fees for the same purposes as licenses and
reefs of this state unless culled upon the natural rrefs. and all fees are required under this chapter to purchase a license which
oysters which shall measure less than three (3) inches from end to reflects that such licensed boats are used within and without the
end, and all dead shells. shall be immediately replaced and scat- territorial waters of Mississippi. Upon the issuance of such license,
tered and broadcast from the natural reefs from which they are such licensed boat, if used exclusively for commercial fishing and
taken; and it shall be unlawful for any captain or person in charge not for pleasure. sport or charter fishing, shall be deemed to be in
of any vessel, or any canner, packer, commission man, dealer or the business of interstate transportation; however, this shall in no
other person to purchase. sell or to have in its possession or way affect the collection of other licenses and fees by the commis-
under his control any oysters off' the public reefs or private sion which would otherwise be due under this chapter.
bedding grounds not culled according to the provisions of this '(4) The commission shall keep and maintain an olfficial ordi.
section. or any oysters under the legal sire aforesaid. A ten nance book into which shall be copied all regulations promulgated
percent (10,) tolerance shall be allowed in relation to any culling. by the commission under authority herein granted. and each
The commission.,' in its discretion. may authorize the culling of regulation so'promulgated shall immediately thereafter be adver.-
oystersn of .a lesser measure. Such authorization shall be in re- tised one (1) time in a newspaper or newspapers having general
sponse to special circumstances or extreme natural conditions circulation in counties affected by such regulation. provided that
affecting the habitat. including but not limited to flooding. the regulation shall not become effective less than seven (7) days
(d) For the purpose of growing oysters. maY acqsire and dispose after its publication, except in cases of emergency declared as such
of shells. seed oysters and other materials. However. ifty percent by two-thirds (2) of the members of the commission.
(5076) of all the oyster shells produced from oysters taken from (5) The director shall have printed an abstract copy of this
the public reefs of the State of Mississippi and fifty percent (5076) chapter and all subsequent amendments thereto. as well as all
tf all oyster sliclls Ilioducehd from the systers sroccssed within the regulations promulgated by the commission, and shall distribute
State of Mississippi are hereby declared to be the nontransferable the same in all persons interested and drsiring a copy thereorand
p i n ~ ~ ~ ~ ~ ~ ~~~~~~t each lic-ensee at tile time nr' issuance or the license. New
property of the State of Mississippi. and all persons, firms or. New
titliitiilcl iring il or caiiiig yt-i tak fi t liregulations and amendments to this chapter shall be supplied to
each licensec within a reasonable time after their promulgation.
reefs of the state shall deliver to the commission fifty percent each licensee within a reasonable time after their promulgation.
(50e) of the oyster shells taken or processed by such person, firm (6) Upon permit issted by the Mississippi Marine Resources
or corporation. delivery of same to be at the place of business of Council. the commission is hereby specifically empowered and
the oyster processor, dealer or factory. The commission, at its authorized to support projects in the nature of digging or con.
option. may set a reasonable price to be paid to it for the above structing canals or ditches in order to bring additional waterto
shells taken from waters within the territorial jurisdiction of the exisling oyster reefs or beds in need of same. or for the purpose
State of Mississippi. but processed in other states, in lieu of taking of creating or establishing new oyster reefs or beds, and all reefs
delivery of same; provided, further. that ttle commission may, a t so created or established shall be deemed public reefs. The leasing
its option. elect to levy a shell retention fee in an amount which it of bottoms as provided in section 49-15-27 shall require the
shall set for each barrel of shells retained by any person, firm or concurrence o the Mississippi Marine Resources Council. The
corporation in lieu of demanding a remittance of fifty percent commission is authorized In expend such monies as it shall deem
(501%) of the oyster shells. and upon election by the commission necessary and expedient in order to participate in the digging of
to. exercise the option to accept such retention fee, then this such canals. The commission may also enter into interstate or
option exercised by the commission shall be uniformly applied to intrastate efforts toward this end, and may seek and utilize aid
all person rm and corporations affected by this chapter. Funds from all federal. state and local sources in this ende avor. To aid in
all ersos, irmsandcorpratons ffeted y tis captr. Fndsthe construction of snch canails sir ditches, she commission may
received from the shell retention fee shall he used by the commis- the constrcion of eii canent or ditches. the ommission may
sion to further oyster production in this state. Any person failing exercise te ri of min domain in the manner provided by
or refusing to deliver such shells or shell retention fee to the law on the ubct.
commission when called For hy it. as providedc in this section. sIsall. 5OURCF: la.. 5974, ek. 571. 1 i 1575. ch. 555. I It ti. Il. 497. I. o
from nnd after passrae {appr.mnd April 19. 1978).
upon conviction. be fined not less than ten cents (10O) nor more fm a arier p ge pp d Ai 197.
than fifty cents (50�) for each barrel of shells they fail or refuse to
elhiver, or to tender the shell retention fee; and. in addition � 49-15-17. IRepealed hy Laws. 1971. c. 484. � 26. eff frmm
thereto, shall pay the reasonallr value Ihclertf and shall be and after July I. 19791.
ineligible to be licensed lor any of tide activities set forth in this
chapter. The provisions herein for replanting oyster shells taken � 49-15-19. IRepealed by Laws. 1978. ch. 4R4. � 26. eff from
from the reefs of the State of Mississippi may he waived upon and after July I. 19791.
written notice by the director upon concurrrence of the senior
marine biologist. � 49-I5-21. [Repealed by Laws, 1978. ch. 484. 26. eft fromn
(e) Shall set fortnh enfirrcemcnt procedure and penalties for and after fulv 1. 1979J.
violations.
(O May set requirements for emplovment of nonenforcement � 49-15-23. Commission to enter agreement with game and
commission employees -whose compensatmon shall he governed by fish commission to divide line between sh and frsh
the rules 'and regulations of the Mississippi Classificration Commis- waters.
sion.
(g) May2C and o commision ipmnt and(I) (a) The Mississippi Marine Conservation Commission and
(gf May acquirle and dispos of commission eqipment n the state game and fish commission are hereby authorized and
fat~~~~~~~cilitl~~ier~s. -empowered to enter into an agreement for jurisdictional purposes
(h) Shall arrange for keeping of proper records of Ahe commis- as to the dividing line between salt and fresh waters. and when
Rion. such line has been established and notice thereof given as pro.
(i) May enter into advanlagenis interstate and intrastate agree.- vided herein. it shall he recogrnired in the courts in connection
ments with proper officrlok. wlhuih agreements directlv or indirectly with any proceedings under the game and fish laws of this state.
result in the mproitei-io. 1p'ropagigtn an"d conercatiiin of the Such line may be changed from time to time by supplemental
seafood of lie Sbai rn illc ,tis..iiji. otni cnnitauit ;1ins strIh agmte- agreements of said Mississippi Marine Conservation Commission
ment% now in existence. and state game and fish commission on proper publication of such
(j) M;ay arrange. negotiale or contract for the use of available changes. --
federal. state and local facilitie, which woold aid in the propaga- (b) In establishing the dividing i e - a., anc fresh
lion. protection and cionrrv.uilnn of the srelarod of the Sta.ile of waters, no part of the Bay of s.t. 1.our, shali e dcc..-',. to be
Mississilppi. fresh water.
(k) Ls authorized ito iiaii .all rcpi�l.aitinnc nrcs-sary for the (2) Whenever any agreement is rxe uted as prsovsii-o sr. pasr
protection, conservation or propagation of all shrimp. oters. graph ()(a) above, or whenever am sulpplemental ._,sent i
commercial fish and crabs in the waters tinder he territorial made as above provided. notice shall be given to t suic by
jurisdiction of the State of NMi~~ssmstpi. lowsrer. it shall he tnlaw- publication for three (3) weeks in a newspaper published and
ful for any person. firm or corporation to take. catch or have in having general circulation in the co.rny or counties affected
their possession within territorial waters of the State of Mississippi thereby. and a copy of such agreement shall be filed in the office
shrimp of a size weighing in the raw state less than one (1) pound of the chancery clerk of such cotuties or county.
to each sixty-eight (68) shrimp, except when a valid permit or . 91 , 2; 95. 195,
affidavit of another state identifies the catch as having been taken C: Cods 19, 1974 i 4. ch. 191, rs l, ai IaSR cld 19.,
15: ]g711, oh. 454, � I. et from and after pJu~l.g (apprm. d MunL l~
in non-Missisippi waters. This provision may he changced by a 1971.
two-thirds (') vote of the commission.
(1) Shall establish minimum specifications for crab traps and
shall require buoys of adequate size which are identified as to the
owner of such buoys and traps.
(m) Shall prohibit the operation of double rigs in the waters
lying between the mainland coast and the island chain.
(n) Shall estahlish open season for menhaden not later than the
third Mnnstay iii April and ending ni, i,rcner than thei scenotd
Tuesday in October. APP-I

49-15-25. Advisory council may be appointed by oomrlAny pe rson convicted of taking oysters fro m leased land or from
Dorn.tss' ~ waters that are not of a safe sanitary quality without a permit as
provided in section 49-1.-537 shall. on the first olffense. forfeit all
The commission may appoint an advisory council of peA'6u equipment used, exclusive of any honat or boats: and be fined not
who may fairly be regarded as representative of all the various to exceed two thousland dollars ($2.000.00) or sentenced not to
segments of the industry. This council shall aid the commissiihY'' exceed one (1) year in the county .ail. or hboth. Subsequcent
formulating policies and discussing problems related to theadrminf convictions shall lie ikithahle hy I6,'[eitnre of all �.41ilpient.
latiaon of this chapter and the advancement and proteciosl;of including any boat or Ibats; and a ine not to exceed five thoutsand
the Industry. dollars ($5.000.00) or not to exceed two (2) years in prison, or
%t0VRc65t Code, 1941. 1 617-14; Laws, 1960, ch. 173, 14, eff frosassald both such fine and imprisonment.
afters pusage (apprd Madrch 2S, 1960). No lease or any area shall he made utinless and until the commis-
sion shall have given ;it least fihfteen (15) days' public notice of its
�49-15-27. Commission granted authority to lease boi. intention to lease such area. such notice to be given by publication
tc~~~ ~ ~~~~~~~~~outS �in a newspaper of general circulation in such county. In the
The commission is hereby granted full and complete authority awarding of such leases, the commission is authorized to exercise
to lease the bottoms within its jurisdiction upon the following its discretion as to which hid is the highest responsible bid. and
terms and conditions: such leases shall be awardedi under such conditions as will insure
(I) All areas within the commission's jurisdiction, not designated the maximum culture and propagation of oysters.
tonging reefs by this chapter, or hereinafter designated tonging. The commission is enjoined to cooperate with the Jackson
reefs by the commission; all areas not designated natural reefs by County Port Authority, the Harrison County Development Com-
the commission, and all areas not within the boundaries of ripar- mission, the municipal port commission and other port and harbor
ian property owners may be leased by the commission. agencies, so that oyster beds shall not be planted in close proxim.
(2) All individual lessees shall he residents of the State of ity to navigable channels. The commission or lessee shall have no
Mississippi. or if a firm or corporation, such firm or corporation right of action as against any such public body for damages
shall be organized tinder the laws of the State of Mississippi. accruing to any natural reef or leased reef by any necessary
(3) No individual, corporation, partnership or association may improvement of such channel in the interest of shipping. com-
lease less than five (5) acres nor more than one hundred (100) merce, navigation or other purpose authorized by law.
acres: provided, however, that in the case of an individual there SOURCES: Laws, 1977, rh. 465. �1. cef from and after pra..se (approved
shall not be cotnted towards such limitation any lands leased by a Aril 1 197
corporation, partnership or association in which such individual
owns ten percent (10%) or less interest and. in the case of a � 49-15-29. Taxes and licenses to be collected by the con-
corporation, partnership or associalion, there shall not be counted mission.
toward such limitation any lands leased by an individual stock- The commission is hereby authorized and directed to assess and
holder, partner or associate thereof who owns ten percent (10%) collect, under its direction and subject to its regulation, the
or less interest in such corporation, partnership or association. following licenses and taxes:
(4) individuals, firms or corporations desiring to lease bottoms (a) Each vessel desired to be used to catch, take. carry or
shall make application to the commission in writing, describing the transport oysters from the reefs of the State of Mississippi, or
area to be leased, and the price proposed to be paid therefor. engaged in transporting any oysters in any of the waters within the
(5) The commission shall consider such applications in the order territorial jurisdiction of the State of Mississippi, must annually,
in which each is filed and award, as promptly as possible, and after before beginning operations, be licensed by the commission and
advertising and receiving sealed bids as provided herein, execute pay the following license fee: an annual license fee of two dollars
and deliver to the applicant a lease to the area described in the ($2.00) on all skiffs, or other vessels of one (I) ton burden gross
application upon payment of the rent in advance. or under, and'five dollars ($55.00) on vessels or boats of over one
(6) Sutich leases shall be for a term of one (I) year. with the right (1) ton burden gross and tinder ive (5) tons, and ten dollars
o lessee to renew he lease of an additional year. and from year ($10.00) on vessels of five (5) tons and under ten (10) tons, and
year, at the same grounod rental so long as lessee actively cultivates twenty dollars (520.00) on vessels of ten (10) tonsand under
and gathers oysters, and complies with the provisions of this twenty (20) tons, and thirty dollars ($30.00) on vessels of twenty
chapter, provided that no lease shall he renewed for more than (20) tons and over, for each vessel for which he may obtain a
twenty-five (25) years total unless it is rebid. In an)y such rebid- license.
ding. if the successful bidder is someone other than the lessee, the (hb) In addition to the privilege licenses required by this chapter.
successful hidder shall, before Itaking possessrion of the leased a further itlltseliciin its illl teFe il' 'Ivi' is-enls (.oV) per hbarrel is
Iwsttonls, ply to the I'ssce t lIh fa.ir mi ke.lt al ti' .f the ltscs ierhy levied sipio il;l iysiirs aiimtii aittl Itinked il. id tollt atll
oysters in place as determined by the commission. If the lessee is oysters shipped raw in or from this stale. on all oysters caught or
prevented from gathering oysters from the area leased, by storm t;aken from the 1ttiali� rct-fs or Iprivate hbtiding Rround for parking.
or other natural phenomenon. he, nevertheless. may renew the canning and for shipment for sale raw.
lease if the grounds are actively worked by lessee during the � In addition to the privilege licenses required and in addition to
remaining term of his lease. No lease may he transferred without the inspection tax and fee of five cents (5t) per barrel hereinafter
approval by the commission of the trantsfer. levied, a further inspectinn tax and fee of one and one-half cents
(7) The commission shall fix a grounmd rental at not less than (I 'h) per barrel is hereby levied upon all oysters caughLt. taken or
one dollar ($1.00) per acre. -removed from the reefs or waters of the State of Mississippi. for
(8) The commission shall keep an accurate chart of the areas packing, canning and for shipment for sale raw.
within its jurisdiction and shall mark on such chart those areas Taxes may be collected by the chief inspector tinder this section
which are under lease. All leases shall be marked by appropriate by distress, and all laws reilsting the collection of taxes by
poles, stakes or buloys of such matenal as will not inlore watecr- distress shall, so far as practicable. aplyl Into the collection of this
craft, at the expense of the leaseholdler. The commission shall tax, but the chief inspector. antd not the tax collector. shall collect
keep an accurate hook, designated "Mississippi Oyster Farms" the same.
which shall contain copies of all leases. If any lease be cancelled or In event any person. liable for the payment of the above license
expire. such fact shall he noted in the f.rce or such lease. Le.sees tax shall fail, refslse or neglect ito pay the same. then. and in that
shall he "oyster farmers" for the pu rpose, of ans grant'. aid. event, no firther lict-nse ir lpenia ohrtir this clhslter ,hall is.sue
suhsidies or other ;assistance fromt the ledih'l govecnmenl or other nto such person so in derauhlt until the same be paid and such
governmental or pirivit' .iaitices. default be made gotd.
(9)'Alll'Tuinds d-nved from hI.tslng shall he paid into the general (c) Each factory canning oysters in Ihe State of Mississippi. and
fund of the state Ireatirs. each person engaged in shipping roslers shall pay an annual
(10) All leases in;id liv ilthe rssnim~i'i-sun under the ,miihorits of privilege tax of one huindrcd dollars ($100.00) and each shipper of
this section shall he uct to the pc iitn cht tiie se raw oysters a tax of twenly-fivc dolltrs (S25.)01. and shall receive
and any of its political stluldivusoinn aiithirt,ed h% It.,. to pronmote from the secretary of the commission a license therefor tpon the
and develop ports. harbors, channels. nditstn;il tcr recrea ionarl payment of such slim to the seretrlary. and it shall be tunlawful for
projects. and all such leases shall cont.iln a provision that in the any person to can ir ship raw oyster without first having paid
event such adtltori7ed spublic body shall retiirr the area so leased such tax and received such license. Sichl privilege tax uirnse shall
or any part thereof for sil pi prp . th.i the leae shall be nontransferable and a license shall be required for each factory
nr any pant thereof for such pubhiq purp ... c. that the lease shall o lc fbsns.T
be terminated on reasotniahlC notice It'c�i bs the commition in or place of uins
such lease. On the terntiiiutlion orf si Iais.m r the flester shall have (d) No person shall catch or take any saltwater crabs in the
she right it) remove anm -virs witohir n this lI,.ed area with�in such waters of the State of Mtsstlsppi for commercial pur,,-e., without
time as may be fixed I~v the commtnsussn isod in arcorda.inse with hav ing p aid an annual license fee of two dollars 1($2.00) on each
such reasonable rlles and regurlationn ', Ithe crsmlm.iiln may boal used therefor. and obtaining a Ilicense therefor from the
idnpt. secretary of the commlsion
(e) All vessels to he used in catching or trans)prilnR fish for
�ommerrlal pilillrl.... ihi -.,d wm,- 11I 1%m1 elblill' p atl-iffllllln lsipter.
IItlll. obtain an annitl licernse friin thr ec.lmmli,Sln a.rsirdunK to
APP-I 2' lloOwing scheduler:

'he applicani therefor shall pay a fee of one dollar (11.00) on factory or place of httsiness. This license shall not ;Ipplv to, nor
boats used for commercial hook and line fishing. seven dollars and shall the payment of the annual privilege tax ef lfty dollar
filly cents ($7.50) on boats using trammel nets, gill nes or sceines (5 ) be dlue by. a dealer in fresh sealoods wilt nererly pre
nnA more thlan Iwo hundred (200) fathoms in length, fifteen serves the same for ftaure sale to prevveit l slpoiag anil i
dollars (515.00) on boats using seines or other nets over two competition with'other retailers who are nlt required to pay this
hundred (200) bit not over three hundred (300) fathoms in ta
length, and twenty-five dollars (525.00) on those using seines or (i ' ot gagi i itited i s-o 4
other nets over three hundred (300) but not over four hundred
(400) fathoms in length and fifty dollars (550.00) on those using -, subsectio (), an annual license fee of te dollar
seines or other nets over four hundred (400) but not over Fyive (510.00).
hundred (500) fathoms in length. for each vessel for which he may SOURCFS: Laws,. 1975, ch. S1t 1. 2 t977. rh. 465. 12, ef Ifrom and after
obtain a license. All licenses issued shall expire on July I thereaf- pauage (approved April 13, 1977).
ter. irrespective of the date of issuance of same.
*f- -�49-15-30. Commission may promulgate regulations for
(f) Each factory canning fish in the State of Mississippi shall pay nonresident permits.
a privilege tax of one hundred dollars ($5100.00). .The cormission may promtlgate tle ;sand regulations for
(g) Each person buying or handling seafood secured from nonresidnt permits in order to promote rciposl agreemen
norsdent permits in order to promote recipi'onal agreements
commercial fishermen. or from other wholesale dealers, for the with other states.
purpose of resale, whether handling on a commission basis or
otherwise, and every resident person shipping seafood out of the- SOURE : l 17 ch. 32 1 fom and t p e (approved
State of Mississippi on consignment or order, except fishermen
shipping their own catch. shall be considered a wholesale dealer
an shall be required to pay a license fee in the sum of one � 49-15-31. Commission to maintain and operate'patrol
hundred dollars ($100.00) per annum, such license to be issued by stations, camps and related facilities.
the secretary of the commission. The privilege of a wholesaler The commission is hereby authorized and empowered to con-
shall also include the privilege of a retailer without additional struct, maintain and operate all patrol stations. camps and related
license. Where seafoods are sold at retail in grocery stores and facilities as nisy be deemed necessary by the conmnission.
meal markets which pay a city. county or state privilege license for SOURCES: Cods, 1942, 1 60t1.7; Lws. 195, E. Sess."'ch 121, 451-41 195,
such operation. such grocery stores and meat markets shall not be h. 195, 1 7.
liable for the payment of the tax above levied.
(h) Each factory or manufacturing establishment nto engage in
the manufacture of oil, fish scrap, fish meal. fertilizer or other � 49-15-33. Repealed by Iaws, 1974, ch. 572, 10, elf from
products from menhaden, the sum of five hundred dollars and after passage (approved April 23, 1974).
($500.00).
(fS00.0b). (i~~~~~~~~~~~ 49-15-3~5. Additional powera granted to commhssion.'
On each boat or vessel to engage in catching, taking or trans- 49 4 5. Addonal powers granted to commson.
porting menhaden in the waters of the State of Mississippi. the Upon the r equest of thile hoards of supervisors of the respective
sum of fifty dollars (550.00). coastal cottnties. the commission may adopt ordinances prohibit.
On each net. seine, trawl or purse net used in catching or taking ing the taking and catching of menhaden within certain limits of
menhaden in the waters ofthe State of Mississippi, the sum of fifty he coast line of the county so requesting. but the commission
doll ars ( $50.001. shall not fix stuch limits except upon request of the board of
Ii) l.tilt jl-rs~l ,,tioIUI~ oi asiII i.lii34o . 5la1 ,,,- il,� 1,. II supervisors, and such limit shall not exceed two (2) miles from the
;.mtual 1privilvg. tax ot srvcn dhllars and fifty cents (57.5U) for shore line, or two (2) miles from the corporate limit boundaries of
each boat so engaged in such operaion. not to exceed thnce (3) any municipality bordering on the Mississippi Sound.
boats in number for any one (I) licensee. Such shrimp may be SOURCUI Cods, 1941, 1a047-171 Las, 1$60, cl. 17I, 4 17, of 'rom and
taken in either the closed or open sea.on and may he sold only after paualse (approved Mash 23. 19501.
when alive or with heads ;attached solely as bait. It shall be
unl.awfil for any persn o ither than a person to whom a "liv 49-15-37. Cultivation of oyster rees; removal of oysters
slt l i li"i" shaill hay- lict-s iss~oted to st. exchange,~ from contaminated areas.
slu'uIl() dcdler'sl litceuse" 1I11 shdlv Ilac hrcu I*laslrl tor sell. excl.�h~nge.
barter or otherwise dispose of live shrimp. By order of the commission. the director. under the direction
(j) Every freight boat, ice boat. and catching boat used in and control of the commission, shall employ boats. crews and
catching or Iranslirtnig saltwater slhrinill taken from tile waters of laborers and shall cultivate the public reefs of the state. and shall
the State of Mississippi for sale in their fresh state. or for canning. 'dredge the oysters in the Mississippi Sound from places where
packing. freezing or drying, shall first obtain from the secretary of they are too thick, and shall spread them on reefs where they are
the commission an annual privilege license at the following rates: too thin, and shall carry shells from the factories and spread them
Boats or vessels under thirty (30) feet in length, overall in places where the oyster beds can be improved and enlarged
measurements .................................. 7.50 thereby, and the commission may purchase such other materials as
Boats or vessels over thirty (30) feet. and under forty-five may be equally suitable for the propagation of oysters. The
(45) feet in length, overall measurements.......... $15.00 commission in cultivating the reefs, transplanting and spreading
Boats or vessels over fonrh-five (45) feet i Ilength. over.il oysters and shells and other suitable nmaterials. may expend such
measurements ................ .525.00. sums out of any ftmds available for that purpose,. as they may
(1k) In addition to the privilege licenses required. a tax and fee deem proper. In taking seed oysters, care shall. however, be used
of twenty-five rents (25o) per barrel. payable monthly, is hereby so as not to injure or destroy the merchantable oysters on the
laid and levied upon all shrimp c;anted. packed, dried or frou en in. reefs from which they are taken, and the sme shall, tinest it is
and all shrsmp shippedl raw in or from lthis state. iand ontt all shrimp practicable and safe to dredge same. he tonged frrom the "conner"
caught or taken Irom the wa;ers within the jurisdictiiot of tile State or seed reefs. The commission shall have authority. Ihy orders
of Misissipli. The tax levied tindlr this subsaction shaill be paid spread at large on its. nlinules. to establish new bedding gronunds
by the person packing. ca:nning. dryting cr freezing such shrimp. at such places within the boundaries of the state as it may
and in case of shrimp s(old tr shipped r.,w. by the dle.elr selling or determine, on advice of thile director. or on advice of technical
shipping same. that is to say. by thle firsr l.aler who hinilles such governmental experts. or competent aquatic hioloists..llere :;hall
shrimp, and ani) shrnmp, old hy aty person whoi has purchased not be established any reef or bedding ground in any area over
samne from a hdea;er who his paid tihe t.ix thereon sha.ll not again which the waters are not of a safe sanitary quality for oyster
be taxed. The tax and fee levied by this sul,section shall not apply pr odri.fon ftc hu man iocnsumption as dletermine-d hy the state
to shrimp taken within the territorial waters of another state on board of he.llth, and itn suchl existing public cr-sls its wlich oysters
whicti l.processing tax has been satd to or levied by such %t;ite exist and over which the waters are not of a safe sanitary quality as
','axe in.,y he I.1ills-, hi ashl the slie Imi.p'clor uInder tltls section determined by the state hoard of health. the rommission shall
by distress, and .all laws regul.ting the collection of taxes by prohibit any person. firm or corporntion from taking oysters from
distress shall. so far as ipracticable. ;apply to the collertion of Lhis such areas exceplt tlha tlhe ruomitnicsion shall front tsme to time
tax, but the chief itslpcoLor, and not thile tax collector. shall collect remove the oysters Irom surchl areas and re-lay or replant them in
the same. an approved area for a periol of not less than fifteen (15) days
(1i) Each person engaged in calning. packing. freczing. ditrying or before they shall be harvested therefrom.
shipping s.iliter slhrtnip in the Sitie of Mississippli shall Ipay an The commission shall have the authority to issue permits ao
annual privilege tas ol lilty dollnars ($50.;0) and shall receive front persons to remove oysters by dredging or otherwise from water
the secretary of Ihc crmnnuion a license Ilthe-for upoln payinett bottoms which are not of a safe sanitary quality for oyster produc-
of such sum to thile secretary. and it shall be unl;iwlful lotn for human) consumption even though those area may have
person to can. pack. freeze, dry or ship toy saitwater shrimp
() peron tocan. art. leercdry o *h~~.Iny *litw~lrr ariml~lion for human consumptinn even though those areas may have
without first having obtained suclh hiccttc. Such Itrtsi" Qdall Iw been reserved for tonging only in subsections (a), (b). (c) and (e)
nontransferalie and a separate Itcense sh.ll be reumrrcdt Inr each of section 4'-I -.-. These areas shall he ldesignated ;is seetl
grounds. and permits to persons shall be issued only fr the
purpose of transplanting oysters to privately leased Misfissippi
territorial waters: provided, however, the commission may permit
the transplanting or these seed oysters by a duly aftitrh,-,l tmlbleic
APP-13 agency.

The commission way. upon certification of the state board of (1) In the limits described -is follows: Commencing at the red
health that the water bottom from which oysters are to be r'e- beacon maintained bv the Uninrd States governmental authoritics
moved is not or a safe. sanitary quality for oyster production for o fsor n the vciity of Paivsouhr thrminsti ariof Choun ty.Msspi reet
human consumption and has been so unsafe for a period Of at i h iyo a, hsaHrio ony issip:fo
least one (1) year immediately preceding certification. and upon such red beacon running dut smith in a point two and one-half
complying with the following requirements. permit the dredging of (21,6 miles soita of the shore line of the Mmirssipi Sound or
oysters from contaminated public areas and re-laying said cargo ofCutoMxi;thneinini aeatrydecinflown
oysters to private leased grounds in the State of Mississippi: 'the meanderings or the shore line lo a point due south of the red
()Permlittee must hold valid lease of oyster bedding grounds in beacon maintained by the United States governmental authorities
(a) ~~~~~~~~~~~~~~~~~~situated in the vicinity of the sititihrn terminus or Davis Avenue
the State of Mississippi; in the City of Pass Chlristian: ihrnme running north to the red
(b) Permsittee must be bonded in compliance with the permit beacon situated near the southern terminus of Davis Avenue.
.system established by the commission; thence running in a westerly directiton to the place of beginning-,
'(c) Permittee must fuIlfl all permit requirements as established that is to the red beacon situated neair the southern terminus of
by the commission and the state board of health; and Church Street.
(d) Permittee shall not move oysters from one (1) contaminated (g) In the limits lying within one (1) mile from the share line of
area to another contaminated area; the Gulf of Mexico or Mississippi Sound within the boundanies of
(e Permittee shall Move oysters Only to an area leased by the a line extending dtie south from the foot of Jeff' Davis Avenue in
commission after April 13. 1977; Long Beach for one (I) mile disane.~ thence easterly one (1) mile
(f) Permittee shall not move oysters form the contaminated area south of the meianderings or the (;tilf or Maxico or Mississippi
without the presence or a conservation officer of the commoission Sound to a point one (1) mile south of the Biloxi lighthouse in
at all times, from the dredging of the oysters from the coniamni- Biloxi, Mississippi. Also ii, the limits lying north of a point on the
nated areas to their deposit on private leased grounds e;-st end of Deer Island ninning thente cast to a point one (1)
Harvesting of oysters shall be permitted only during daylight mile touth' or Bayou Graveline injac "-on County, Mississippi. Also
hours and with the most efficient gear possible consistent with in the limits beginning at a point one (I) mile from shore irk the
conservation requirements of not damaging the reefs. This shall City of Bay St. Louis at the Louisville and .%ashvtlle Company's
include prison to use two (2) dredges per boat on contami- bridge. thence southerly for a disancc ofr one (1) mile, thence ins
an easterly direction following the meandenringb of the shore lini
nated area and on prvate lease grounds.along Henderson Point and lPass Christian and one and one-
Any person ohaaitting a permit tri remove oysters rtram seed quarter' (I t/4) miles therefrom in a point one and one-quarter (I V.)
grounds shall post a penal bond of one hundred dollars (S 00.00) miles south of Boisadre Avenue in the City o5' Pass Chri.stian.
per leased acre with the comolmission to be forfeited upon any ()I hl etedt ftecmiso omr h ons
ioaonof thecm isseioni e id the bond to be securved by sufficirento rica of the areas above designated bly applroliriate poles, stakes or
of te cmmisionif h fids te bnd t besecued y suficentbuoys or such material as will not injure watercraft. and auch
property or sureties. boundaries, when so designated fli lilt- Comnmissioni. shatll he ftiutl
The commission and the Mississippi State Board of Health shall 1tttlt'Ss slitiWit 141 lie9it unilter't fly .t 1 etilitg131 'Alilt mV Jn.voet
regulate the amount and time of taking of oysters from seed areas brought by any person interested in the cnhancer-. courn of the
and shall super-vise the removal. planting and harvesting of oysters county-adjacent thereto.
from the areas. The time or season so set for the taking of oysters (i) In the event any boat or vessrl shall bie found catching or
from contaminated seed areas and the time or season so set for taking oysters by means or dredges. diAg., or scoos,. oither than
the takting of oysters from private leased grounds shall be iepa. hand tongs, from any of the areas describedA in this ei-etion. or
rated by not less than a period of fifteen (15) days during which with a dredge or dredges in the water. then and in that event, all
neither activity may be allowed. oysters then on board such boat or vessel he and ijc .m
Only persons who have been residents of Mississippi for at least hereby declared to lie contraband and shall 'ie taken.in
five (5) years shall be eligible in ohisin permits for removal or c ased by the commission or anv of it% inspectors v~,.i
oysters from seed grounds, procedure, and the captait end trt-w oi such li.. r-c~
The commissinn shall flesignate certain toncontamitnated reefs in popl pnbigoiee ot o hl rnpr
the state as public reefs and -hall remove oysters from water oysters to a point on ihe public reefs (if the siatr lsliere ssic. i-..
bottoms which are not or a sare. sanitary, quialil for rovier or vessel is found and there scatter [fie same in .urcord.ittc, i:;.
production for human consumption and shall treainseis such os's. instructions of such inspectors. For failure of the captito ant . rv-
ters to such public reefs which shasll be reservrd for long-ing only, of any boat to compsls with such insinictitns such tailiwiin and .13
SOURCIES: I.As. 1974. cii. 572. t 9; 1977. cit. 463. J, . eff fro. and afler members% of the ere- %i.kill Is guilty of reaisting an officer ,in
passage (apptroved April 1S. 1977)U punished as for a vioL~tiuon ol ibis cha pter and no permit or iiceiis
shall issue under the Liws% ofvirs~tp within twelve (12) months
� 49-15-39. Dredging limits; reefs reserved for longing, thereafter, to operate any hoar onl which %uch captain or any
It shall be unlawful for any person to catch or take oysters by member or such crew mAy he emjliloved.
means of dredging in any of the Following waters in the'State of SOURCI.S: IA.., 1977. chi. 463. 4. rif from and afttr passage' tapprsa
Mississippi: April is, 1977).
(a) The Bay of B~iloxi, except as provided in %ection 49-1-5-37.
(b) Waters% of the Bay of St. Lnuis north of the Louisville and �4- -4LOysters nn i he caught at night.
Nashville Railroad Comlpany's hridge. except as provided in see. It shall be unlawful for any perruin to fish, catch or take oyster
tion 4,3-15-37. .from any of the oyster reefs in the State of Nississippli by th~e use(
Wc In the limits beginning at a point one (l) mile from shore in of anf tongs. dredge. rake or tither niechanical desice. during the
the City of Bay Si. rontus at the L~ouiisville and N~ashville Railroad hours between sunset ;itir! mitnre of reach '.
Companly's bridge. thence soimiherls' frllowing the meanderings of Violation of thi seciuin Nhall be puitnshaileliv a liue nor t
the shore along Bay Si. loutsr and Wiveland one and one-quarter exceed ten thousand dollars ($10.flO.O00l and/or up to tine to)
(IV4/) miles therefrom to the ITeatI of N~aveland Avsenuc in the year in the county jail.
Town or Wavrland: thence wmeierlN to the shore at the head of SOURCES l..... 1977. ch. 463. �5. itt fro- and afo, parsp tappuos'd
Waveland Avenue. extecpi as urtivided in scectain 49.15-37. Apri. .5. 1977).
(d) In the limits beginning at a point on the Mississippi seashore
at Jeff Ilavis Avenue, in lxuzi lReach, and extending south a � 49-155-42. Landing and unloadingof oysters.
distaitre oil ntutu aiutl iti wiii (I ul1/4) mullr. ilit-ite west. foilliuw-
ing the- mstnderings o1 said seauhore one and one-quarter (I V4) Allaonders atig nd Nunsisadlud erinoii ~irss~.
miles distant from scame to the western corporate limits of the City lne n tlaldi issip
of Pass Christian; thence north in the seastiore at the head of SOURCES: Ltss. 1977. ch. 4631, t i. ell fon, and *ftmr p-ajsag iapproe,,'
Psoisdore Avenue in said city. April is, t977).
(e) In the limits lying cast of a line projected from the Mesa bank � 49-15.-43. Pacaging of ovsters--Containers.-
of the mouth of Bayou G'raveline in Jackson County to Round O s esf rsl ihrwocj-o ealmyb akgdi
Island lighthouse and north of a line projected due east from Oastes j2 r salt' e ithearcWhol%-pa!.. or rltid maf Ibe tpackaged in
Round Island lighthouse in the Nisissippi-Alabamia line. except as arilv atid here', -r' used in ilse seatrnsd issiisumi l iislit' Stair of
provided in section 49-l1.'~37. Missisiippi. but his se~tj thin l ! hit ulti~sle re'peale'd it and
wheti such type packaginR iiiconist.. prohibited by :tiis agency ofS
the United Statei'.-r, uiu'r lot si llmso iniitersi-tae coim-

NOURCFA! C~dm. 1042, 9 IWsX'I... C h. 74i,,95 Ii 5...., ami -Ass.

APP-1 4

40--15-45. Certasn municipalities may enforce oyster laws. 49-5-3. nrlpnl.
(1) Any miunicipality bounded by the Gulf of Mexico or Misia. Any person, firm or corpOration violating any of the provisions
�ippi Sound, which has wholly or, partly within its corporate limiu. of this chapter or any act anmendatory hereto. or any ordinance
or in the waters adjacent thereto, a public oyster reef reserved for duly adopted bv the conmision. unless otherwise specifically
duly adopted by the comnmission, unless otherwise specifically
provided for herein, shall. on conviction. be fined not less than
catching oysters exclusively by use of hand tongs, is hereby fiy dollars ($50.00). nor more than one hundred dollars
authorized to aid and cooperate with the Mississippi Marine ($100.00). for the first offense: and not less than one hundred
Conservation Commission in enforcing all laws regulating the' dollars ($3100.00). nor more than five hundred dollars (5500.00),
catching, taking and transporting of oysters, including all of tlh or imprisonment in jail for a period not exceeding thirty (30) days
provisions of this chapter, and all regulations and ordinances of for any subsequent offense: and upon the conviction of a third
such commission relating to such oyster reefs. loffense. it shall be the duty of the court to revoke the license of
(2) Such municipality may. in its discretion, extend its corporate ithe convicted party and of the boat or vessel used in sud
limits by continuing its boundaries at right angles to the shore vbsotion. and no further license shall issue to such person or for
limit by ontiuing ts bundaes atrigh anges tothe horesaid boat to engage in catching or taking of any sea foods from
line, into the waters'of the Mississippi Sound or Gulf of Mexico or said boat to engage in catching or taking of any sea oods from
waters tributary thereto to any line within the boundaries of the the waters of the State of Mississippi for a period of one year
State or Mississippi, and may. by ordinance spread upon its
State of Mississippi, and may. by ordinance spread upon its 'following such conviction. Except as provided under subsection 5
minutes, provide that all violations of such laws and ordinances . Of section 49-l3-45. any fines collected under this section shall be
'of section 49-15-45, any fines collected under this section shall be
minuter. provide th~~~~ ~ ~ ~ ~~al l iltoso uh asadadnnaIdd to the secretary of the Mississippi Marine Conservation
regulating the catching. taking and transporting of oysters shall be 'pid to the secretary o the Mississippi Marin e Conservation
violations of the municipal ordinances and puntmishable as such. 'Commission, to be paid into the seafood fund.
sSOURCES: Codes, 1942, �6047-13; Lai', 190. cih. 27., 113, off from and
(5) In carrying lul the provisions of this section such municipal- after passage tapproved March 23. 1960).
ity may purchase. equip and maintain a suitable patrol boat and
employ and pay the salaries of a crew to operate same and officersn 49-15-65 Jurisdiction of courts.
to enforce such laws and ordinances.
tso enforce such laws and ordinances. The justices of the peace of the various beats of the respective
(4) Neither prosecutions nor convictions by such municipality counties or county courts in which the Mississippi Marine Conser-
shall bar further pr ,secution and conviction by the commission or vation Commission functions, shall have original jurisdiction of
its officers for the same offense. any prosecution or suit brought under authority of this chapter. or
(5) All fines collected by such municipality in enforcing the of any ordinance duly enacted by the commissinn. and shall
provisions of this .hapter shall be paid into the general fund of likewise have jurisdiction of all seizures of property carrited out by
the municipality and all costs and expenses incurred in connection the chief inspector or any of his deputies for violation of any of
wth this chapter shall be paid out of the general fund of the the provisions herein, or any legal ordinance of the commission.
municipality. including the right to order and direct the sale of such property in
(6) Officers employed or deputized by he municipality to carry he manner that property is sold under civil executions proceeding
from any judgment rendered. However. from each decision or
out the provisions of this section shall have the right to make m n et er from eison or
arrests without warrant for any violations of the laws, ordinances udent. whether from a fn, imprisonment, or the seihure or
order of sale of any property. there shall be allowed an appeal,
or regulations referred to in subsection (I) hereof, committed in a duch appeals and trials shall h e h ad as now provided by law.
the preence orin the iew of uch arrsting oficerand such appeals and trials shall be had as now provided by law.
the presence or Jr/ the view of such arresting officer,
(7) Nothing heprein containd shall be consurchd to arsthorize Any person claiming property so seized shall he entitled to
invoke the procedures set out in sections 4.-7-107 through 49-7-
any municipality to adopt any ordinances regulating catching. 131, Mississippi Code of 1972, and forsuch purpose those sec-
taking or transporting oysters. The authority vested in such munic- tions are incorporated herein by reference as if set out seriatim.
ipality under this secion being limited to enforcement of statutes
passed by the legislalure and ordiances and regulations adopted SOt CR Codes, 94, 6047-2 a. 1960 c. 173, li12 1961, ci. 155,
by the marine conservation commission of the State of Mississippi. I, from and t app d y ,1962)
SOURCES Codes, 1942, 16,e5t01; Laws, 944, . 286. 1s t1-7 19-8, ch. 195, � 49-15-67. Right o. appeal.
Any person aggricved by an order of the commission may file a
written petition with the commission. setting forth the grounds of
� 49-15-47. Repealed Ihv N.'ws. 1974. ch 572, 1 I. elf freom complaint and the commission shall thereupon fix the time and
and afite p.,a (alq.c tviriI ApIril 251. 1I7,11 place for a hearing to he held, notifying the petitioner thereof. Al
such hearing. the petitioner and any other interested parties may
* 44-15-49. Repealed by laws. 1974. rh, 572. � 10. cf from appear and submit evidence. Following the hearing. if the party
presenting the petition is still dissatisfied with the decision of the
and ater passage (aprov April 231974 ). commission. the commission's order ma) be appealed to Ithe
circuit court upon proper appeal filed within ten (10) days after
� 49-15-51. Repealed Ibv Liws. 1974. rh. .572. � O. elf from the final order of determination issued by the commission. The
anid after passage (approved April 23. 1974). manner of taking the appeal shall he hy hill of exceptions to the
Circuit Court of Ha-lrrison County. Mississippi, which bill of ecep-
� 49-15-53. Repealed by laws. 1974. ch 572. . 10, eft from tions shall be signed hy the person acting as the chairman of the
and after passage (approved April 23. 197;4). commission. The clerk of the comnmission thereof shall transmit
the bill of exceptions to the circuit court on or before the first day-
� 49-15-55. Repealed by laws. 1974. ch. 57'... 10. eft from of the next succeeding term, or at onee if the cotr, hi in session:
and after passage (approved Apnril 23. 1974). and the court shall hear and determine the sam ,i, the case as
presented by the bill of exceplions as an .iappehaw court and shall
� 49-15-57. Repealed by LUws. 1974. ch. 572. k 10. elf from affirm or reverse the judgment. If the judgment he reversed. the
and after passage (approved April 23. 174)i. circuit court shall render such judgment as ..e commission ought
to have rendered, and c. rtify the same to the commission. and
costs shall be awarded as in other cases.
� 49-15-59. Repealed by Laws. 1974. ch. )72. . 10. eft from costs shall be awarded as in other cases.
and after passag~e (approved Aprj 23. 197. SOURCES: Codes. 1942. �6047.15; La.s. 1960. ch,. 17 IS3. e *rwos
and after passage (approved Aprit 23. 1974}.afepasg(apodMa).2,16.
&fee pusaage (&pp-ned March 23, 19601.
� 49-15-69. Exemption of certain youthful. aged or dis-
�:49-15-61. Marine museum. habled persons from licensing requirements.
The Roverning body of any municipality or county on the (I) Any resident citizen of the State of Mssi-s;ppi (..' who is not
Mississilypi"Sound havisg located therein a United States Depart- over sixteen (16) years of age; or (h) who is sixt-hsi ,651 years of
ment ol Intcrior'and wild lifet service facility are hereby authorized age or more; or Itc) who has been adjucoed io na, a vservice.
either severally orjoinldi to contribute to the cost of the construc- connected one hundred percent (I0n0%) d',.bihzs. 'hal! not be
tion and erection of a marine museum for the purpose of display- required to purrhase or possess a license or permit. except as
ing aquatic products available in the Mississippi Sound and in the provided by sihserction (2) of this section. .r rto p.a ant fee or
Gulf of Mexico. However. the United States Department of Inte- charge when fishing for or taking for persona.. non, ommercal use
rior shall contribute at least fihtv per cent (50%,) of the cost of the the following: (it crabs. (b} she imps. nr (ri r..ic0r-
construction and erection of such marine niurnum. (2) 'hc marine conservation romn.ision is herch% directed to
SOURCES: Codei. 1942. �6047.19; La-.. 1960, ch. 173. 119, eff from in prmulgatle andl publish rules and regulations Ito implement the
�fler laall. lm(etpproed Marrch I3, 19~0I.
after passae it.app.osed.Merit, 75.19159). policy set forth in suhsection (1) of ih:, ectirn. .iich Rites shall
provide that persons exempled under suhsecri on 1I of this section
shall apply to the manrine conservatioln commission for certnification
as to age or ldtsahiit)- and shall ie required to raare a cerihicaiion
card issaued by aid commission while engaged in taking above-
merinoned maT;rllle life.
SOURCrS: I.... 1974. ch. 403, ef from and af-er psa.ge tappr ed Mrch.
25. 1974).

APP-15

* APPENDIX D
AIR AND WATER POLLUTION CONTROL COMMISSION
(NOW BUREAU OF POLLUTION CONTROL)
Enabling Legislation
MISSISSIPPI AIR AND WATER POLLUTION CONTROL LAW

APP -16

~ 49-17-1. 5shor tide. (e) "Air-cleaning device" means any method, process or equip.
'Sections 49-17-1 to 49-17-435 may be cited as the "Mississippi mnt, the primary function of which i to remove, reduce or
Air and Water Pollution Control Law." tender less noxious air contaminants discharged into the atmos-
IOURCES: Code% 1941- 1966,; Law% I% cok. I$8 3, eff from wid phere.
aftecr Julyd, 1941, 72.1566s 9. . 5.5,ir(0 "Area of the state" means any city or county or portion
thereof, or other substantial geographical area of the state as may
~49-17-3.~ Statement of policy,~ be designated by the Mississippi Air and Water Pollution Control
� 49-]?-=,.q. Statemenl of policy.
Whereas, the pollution of the air and waters 'of the state Commission.
constitutes a menace to public health and welfare, creates (3) General.
public nuisance. is harmnful to wildlife, fish and aquatic life, and
miparin domestic, agricultural, industrial, recreational and other () " ission means the Mississippi Commission on Natural
legitimate beneficial uses of air and water, and whereas, the
Resources acting throutgh the bureau of pollslion control of the
problem of air and water pollution in this state is closely related to Resources acting through the bureau of polltion control of the
the problem of air and water pollution in adjoining states, it i department of natural resources.
hereby declared to be the public policy of this state to conserve (b) "Person" means the state or other agency or institution
the air and wa of the state and to protect, maintain nd thereof, any municipality, political subdivision, public or private
improve the quality thereof for public use, for the propagation of corporation, individual, partnership, association or other entity,
wildlife, fish and aquatic life, and for domestic, agricultural, indu. and includes any officer or governing or managing body of any.
trial, recreational and other legitimate beneficial uses: to maintain municipality, political subdivision, or public or private corporation.
such a reasonable degree of quality of the air resources of the OURCES Laws, 972 50, 1 1978 . 44 54, r ad after
IOnuRCE: La~, lg7Z, ch. SS, ! i OI;7, ch. 484, ! M, elfn frmtd rafterJly
state to protect the health, general welfare and physical property 1, 1979.
of the people, and to provide that no waste be discharged into any
waters of the state without first receiving the necessary treatment 49-17-7. Natural resources commission to assume duties
or other corrective action to protect the legitimate beneficial uses a resoues omirn touti
of such waters; to provide for the prevention, abatement and and responsibilities of a and water pollution control
control of new or existing air or water pollution; and to cooperate commission, 1
with other agencies of the state, agencies of other states, and the . (i) The Mississippi Commission on Natural Resources shall be
federal government in carrying ouf these objectives. the Mississippi Air and Water Pollution Control Commission, and
SOURCES Codes , 1942, 7I06-1111 IAws, 16 d. 255 It1, cef from and shall exercise the duties and responsibilities of the Mississippi Air
after lulr 1, 196. and Water Pollution Control Commission through the bureau of
pollution control of the Mississippi Department of Natural Ri-
49-17-5. ~Defintitions,~ ~sources, insofar as practicable under the provisions of Chapler'!
For the purposes of sections 49-17-r! through 49-17-43. the ofTille 49, Mississippi Code of 1972.
following words and phrases shall have the meanings ascribed to (2) The words "Mississippi Air and Water Pollution Contk'6l
them in this section:�..,
~~~~~~the~ns in this section: Commission" wherever they may appear in the laws of the State bf
(1) Water. Mississippi shall be construed to mean the Mississippi CommissidA
(a) "Pollution" means such contnamination, or other alteration of on Natural Resources.
the physical, chemical or biological properties, of any waters of the SotcR Lw, 1972. ch. 69, 14t Ci 505, 52; 2975, eL 406 I 11977, eb
state, including change in temperature, taste, color, turbidity, or st, 5111978. 46 4. 5455, ci from and after Jly 1, 1979.
odor of the waters, or such discharge of any liquid, gaseous, solid,
radioactive, or other substance into any waters of the state as will era rterene' .
As to coastal wetlands protection law4, see Chaupter 27 ofthis tWte.
or is likely to create a nuisance or render such waters harmful. A to cpotsl toiand priion law, ute chatr 2of dpe r tid.
As io rs'ports to aic arnd water pollution coisrol commission pestaisoig
detrimental or injurious to public health, safety or welfare, or to waters containing radioactioe mieralei, see a 45-449.
domestic. commercial, industrial, agricultural, recreational or other As to Mississippi Deparnenre and Conumision on Natual Iteloume igenerl),`
legitimate beneficial uses, or to livestock, wild animals, birds, fish e If 49-2- eti seq.
or other aouatic life.
(b) "Wastes" means sewage, industrial wastes, oil field wastes, 49-17-9. Repealed by Laws, 1978, h 484. J 57, ef' from
and all other liquid, gaseous. solid, radioactive, or other sub- and afterJuly 11979.
stances which may pollute or tend to pollute any waters of the
state. �49-17-11. IRepealed by Laws. 1978, ch. 484. 5 57, eln' from
� (c) "Sewerage system" means pipelines or conduits. pumping and alierJuly 1, 1979].
stations. and force mains, and other structures, devices, appurte-
nances and facilities used for collecting or conducting wastes to an 17-1. Authorization to secure benefits fro fed"a
ultimate point for treatment or disposal. progrms-disbureme of fundssistae from other
(d) "Treatment works" means any plant or other works, used s tate entities. .1
for the purpose of treating, stabilizing or holding wastes. ) The commission is hereby designated as the state air and
'(1) The commission is herel:. designated as the state air am[
(e) "Disposal system" means a system for disposing of wastes, water pollution control agency for this state for aH purposes of
either by surface or underground methods, and includes sewerage federal pollution control legislation and programs and is hereby
systems, treatment works. disposal wells, and other systems. authorized to take all action necessary or appropriate to secure to
() "Waters 6f the state" means all waters within the jurisdiction thi state th e benefits of such legislation and programs. The
of this state, including all streams. lakes, ponds, impounding commission shall be empowered to receive and disburse funds. all
reservoirs, marshes. watercourses, waterways. wells, springs. irriga- within the limits of the appropriations to it. funds which are or
tion systems, drainage systems, and all other bodies or accumula. may become available to it from any source. including any r ant
lions of water, surface, and underground, natural or artificial,. funds provided by the state for purposes of preventing the pollu-
situated wholly or partly within or bordering upon the state, and lion of the air and the water of thdie state. Provided. Ihowever,
such coastal waters as are within the jurisdiction of die state, disbursement offunds shall be subject to the limitations included
except lakes, ponds, or other surface waters which are wholly in appropriations to the commission and shall further be subject
landlocked and privately owned. the approval of the commission of budget and accounting.
~~~(2P~~~~~~~~) Air. II~~~;J) The commission shall have the right to call upon and receive
{2) Air ormn ma aiur te. ~s..rr he assistance of any officer. board. department, school. university.
(a) "Air contaminant" means particulate matter, dust. fumes. Qr any other state agency, and officers and employees thereof, for
gas, mist, smoke or vapor, or any combination thereof, produced any r easonable assistance necessa o r ben fc lincrygo
Dy rcss oh ta tul. aqy ~reasorable assistance necessary or beneficial in carrying out
y processes other than natural. the provisions osections 49-17-1 through 49-17-43.
(b) "Air pollution" means the presence in the outdoor atmos- SOURCES: r1972, h. . 4 1978. ch. 4849 7 4ff i'o3.smad after JWy
phere of one or more air contaminants in quantities, of character. c 2. c . . . I 4 5 a Y
istic, and of a duration which are materially injurious or can be 1979.
reasonably expected in become materially injurious to human � 49-17-15. [Repealed by Laws. 1978, ch. 484, � 57. eft from
plant or animal life or to property, or which unreasonably inter.
fere with enjoyment of life or use of property throughout the state L: and after uly . 19791.
or throughout such area of the state as shall be affected thereby.
(c) "Air contamination" means the presence in the outdoor and duti
atmosphere of one or more air contaminants which contribute to a The commission shall have and may exercise the following
condition of air pollution. powers and duties:
(d) "Air contamination source" means any source at, from. or 42) General supervision of the administration and enforcement
by reason of which there is emitted into the atmosphere any air of sections 49-17- to 49-17-43 and all rules and regulations and
contaminant. regardless of who the person may be who owns or orders promulgated herund
operates the building, premises or other property in. at. or on
which such source is located, or the facility. equipment or other
property by which the emission is caused or from which the
emission comes.
APP-17

(b) To develop comprehensive programs for the prventios fteiulation. recommendation or determination or to enter any
control and abatement of new or existing pollution of the air and order with respect to air conditions existing solely within the
waters of the state; property boundaries of commercial and industrial plants, works, or
() To advise. consult, eostractn and cooperate with other agd snhops or to affect the relations between employers and employees
cies of the state, the federal government, other states and ite' with respect to or arising out ofany air condition.
state agencies, and with affected groups, politicil subdivisions. and SOURCES: Laws, 1971, eh. 505, IS; 197'7, CI. 327, I 2, e fored ad asfa
industries in furtherance of the purposes of sections 49-17-1 16 PargP (approved Mrch 4, 977).
49-17-43 and shall have the authority to enter into compacts with
any other state or states for the purpose of achieving the objecJ 49-17-19. Standards of alir and water qualty.
tives of such sections with respect to air and waters; '(1A) in order'to carry' out the purposes of sections 49-17-1 /o
(d) To administer funds allocated to the states water an/'alh 49-17-43, the commission may set standards of air and water
llution abatement grant program, to accept and administer quality for the state or portions thereof. Such standards of quality
ns and grants from the federal government and from otht shall be such as to protect the public health and welfare and the
sources, public or private, for Carrying out any of its functions. present and prospective future use of such air and of such waters
which loans and grants shall not be expended for other than the for public water supplies, propagation of fish and aquatic life and
purposes for which provided; wildlife, recreational purposes, and agricultural, industrial and
(e) To encourage, participate in, or conduct studies. invesnlW other legitimate uses. Such standards may be amended from time
tions, research and demonstrations relating to air and water to time as determined to be necessary by the commission:
quality and pollution and causes, prevention, control and abate- (b) Prior to establishing, amending or repealing standards of air
ment as it may deem advisable and necessary for the discharge of and water 9uality. the commission shall, after due notice,-conduact
its duties under sections 49-17-1 to 49-17-43; to make funds public heanrings thereon. Notice of public hearing shall specify the
available from the water pollution abatement grant fund by means areas or waters for which standards are sought to be adopted,
of advances to political subdivisions in this state in an amount not amended or repealed and the time. date and place of such
to exceed one percent (176) of the estimated project cost as
approved by such rules and regulations as adopted by hearing. Such notice shal be given by publication once a week for
approved by and under reparation opted b r three (3) successive weeks in a newspaper published in Hinds
three ($) successive weeLu in a newspaper published in Hinds
the commission for the preparation of project planning report County and in a newspaper published or having a general circula-
and feasibility analyses: and to exercise such supervision as itmay
tion in each county in the area affected or in which the waters to
deem advisable and necessary for the discharge of its duties under be aifected may be situated, and by mailing notice to all county
'e ffeted m~ncpay be situated, and by mailing notice to all county
sections 49-17-1 to 49-17-43l ; and punicipal officials in the counties and municipalities affected.
(I) To require the. repayment of funds made available tO' 'a a;well as to all persons and agencies who have had their names
political subdivision under subsection (e) above tod aunder subsection (e) above the bcd on the mailing list of the commission.
pollution abatement grant fund prior to the receipt of any Othr When tandards of air or water quality have bn adopted as
unds by any political subdivision providing services to the area a(icd herein. ; the commirsion r hall giv e notice thereof in a e
and receiving funds provided under sections 49-17-1 to 49-17- ovded in ec ion s o tict o n
43; any funds made available to any political subdivisions provid- p g iv e n otice thereof by certified mail to all persons
ing services to the area and receiving funds under the provisions ho ld i ngn ermas wovy b aectio ed teby. tUp o secth aon
of said sections shall be repaid in the same manner as are other ofding perstits who may be acted thereby. Upon the adoption
funds made available to the political subdivisions under the provi- of.ruch standards of arpor water quality, al perons affected
sions of said sections; thereby shall thereupon comply therewith. However, where neces-
(g) To collect and dissemincte informations relating to tir nd ary and proper, the commission may specify a reasonable time for
r q Toy a pollcut and d nthe iprevtion, rongtro sira persons discharging wastes into the waters of the state to comply
water quality and pollution and the prevention. control, superi- with suc standards.
sion and abatement thereof; LA 19, c. S. ofrMdnae (pro May
(h) To adopt, modify, or repeal and promulgate standards 6C I1. 12Lwa).
ouality of the sir and water of the state under such conditions 49-1-21. nspections and intition si
�49-17-21. Inspections and Investigatiosss--.e~naitananee el'
the comnission may prescribe for the prevention. control l
ut". records--municipal sewage treatment and disposeal systems.
abatement of pollution; "(a) The commission or its duly authorized representative shall
(i) To adopt, modify, repeal, and promulgate, after due nol~iI have the power to enter at reasonable times upon any private or
and hearing, and to enforce rules and regulations implementing public property and the owner managing agent or occupant of
effectuating the powers and duties of the commission unde p such property shall permit suchnenry for the purpose of
sections 49-17-Ito 49-17-43 ~~ ~~andanhyomsio a dm ~ ' such property shall permit such entry for the purpose of
sections 49-17-1 to 49-17-43 and as the commission may cdeem
necessa to prevent. control and 2te existing or inspecting and investigating conditions relating to pollution or the
necessary to prevent, control and abate existing or potential possible pollution of any air or waters of the state and lo have
possible pollution of any air or waters of the state and to have
pollution; access to such records as the commission may require under
() To issue, modify, or revoke orders (1) prohibiting, condl- subsection (b) of this section.
ling or abating discharges of contaminants and wastes into the air (b) The commission may require the maintenance of records
C~)Th ommission May require the maintenance of records
and waters of the state; (2) requiring the construction of relating to the operation of air contamination sources or water
relating to the operation of air contamination sources or water
disposal systems, or air-cleaning devices, or any parts thereof, or disposal systems and any authorized representative of the com-
the modification, extension or alteration of existing disposal s- mission may examine and copy any such records or memoranda
mission may examine and copy any such records or memoranda
temrns. or air-cleaning devices, or any parts thereof, or the adoption pertaining to the operation of such air contamination source or
of oth~~~~~~~~~~~~~~~~er rmda estaiin to the oerati onto of suche air cnamn a t o o r e o
of other remedial measures to prevent, control or abate air and water disposal system. The records shall contain such information
water pollution; and (3) setting standards of air or water quality or
evidencing any other determination by the commission under as the commission may require. Copies of such records shall be
sections 49-17-1 to 49-17-.43; submitted to the commission upon request.
.c) The comsso may conduct, authorize or require tests and
(k) To hold such hearings, to issue notices of hearing and (c) The commission may conduct authorie or require as and
subpoenas requiring the attendance of such witnesses and the take samples of air contaminants or waste waters. fuel, process
production of such evidence, to administer oaths, and to take such ateral or other material which affects or may affect (i) emission
~testimony as th commission deems necearof air contaminants from any source, or (2) waste water disposal
testim~on aq th~~e p~om mission dem nesar, systems. Upon request of the commission, the person responsible
() To require the prior submission of plans speifications n for the source to be tested shall provide necessary sampling ports
bther data relative to. and to inspect the construction of. disposal in stacks or ducts and such other safeand proper sampling and
systems, or air-cleaning devices, or any part thereof. in connection testing facilities as may be necessary for proper determination of
with the issuance of such permits or approval as are required by the emission of air contaminants. If an authorized employee of the
sections 49-17-I to 49-17-43; commission during the course of any inspection obtains a sample
(mi) To require proper nmaintenance and operation of disposal of air 'contaminant, fuel, process material or other material. he
systemr, or air-cleaning devices; and to require the installation and shall give the owner or operator of the equipment or fuel facility a
operation'of monitoring devices or methods as may be deemed receipt for the sample obtained.
necessary and the maintenance and submission of monitoring and (d) The commission may require the installation, maintenance
op~~~~~~~~~~~~~~~~~()Tertn rcommision may prequireteinsaltonbanenanc
operating records as may be prescribed: and use of such monitoring equipment and methods at such
� (n) To exercise all incidental powers necessary to carry out the locations and intervals as the commission deems necessary.
purposes of sections 49-17-1 to 49-17-43: and SOURCES: Law, 7. s7, ch. SOS, I I' 1973, ch. 412, ; A.m.chd. 327. al'e
' (o) To delegate in such manner as it sees fit the duties and e and afer pasage (apprve Marchd 4, 9
powers relating to air and water quality and pollution control to
the agency members presently engaged in the several fields of � 49-1722. Enfocement powers of marine conservation
water or air control of pollution. In cases of difference of opinion commission.
between such agencies as to their respective field of operation. the The marine conservation commission is hereby authorized to
commission shall delegate said responsibility to the proper agency, cooperate with the air and water pollution control commission for
c~~~ooprtewt the piranwaepollutions ofto scomisions 4917Io or-
and the commission's action therein shall be final. the enforcement of the provisions of sections 49-17-1 to 9-17-
Nothing contained in this law shall he deemed in grant to the 43 in and on the salt waters of the State of Mississippi.
commission any jurisdiction or authority to make any rule o SOURCES: Codes 1942, 7106- p(an ): Law_, 1972. CI. I,5, effrm
and after psage (approved May 1S. 1972.

APP-18

49-17-23. Record of minutes, rles, regulations and r. 4 9-17-29. Permit board; prohibitions; air and water per.
der. mits; permit hearings; permit appeals.
The executive director of the commission shall keep the minutes (1) Air Prohibitions. (a) It shall be unlawful for any 'person (I)
or. the commission. including all orders. rules and regulations to cause pollution of the air in the state or to place or' cause tb be
placed any wastes or other products or substances in' a location
promulgated, in a record book., or books, especially prepared forpledaywssorthrrdusorubansInaocin
promulgated, in a record book~or books, especially prepared for where they are likely to cause pollution of the air,' and (i) to
Rhat purpose. discharge any wastes, products or substances into th# ili' of the
.' All minutes of commission meetings and hearings, and all rules, s tate which reduce the quality of the air below tht-airtofalite
state which reduce the quality of the air below she, air, qtialiay
reua.tions, and orders made by the commission shall be in standards established by the commission. Any uchdl actiob is
writiung and shall be filed in full by the executive director in a hereby declared to be a public nuisance.
book, for such purposes, to be kept by the commission which shall (b) It shall be unlawful for any person to buid,,-erdd, aler.
.be a public record and open to inspection by the public at all replace use or operate any equipment which whe
"times during all reasonable hours. A copy of any rule, minutes, issuance of air contaminants unless he holds a p usnitfro the
yeguatin o~ordr cetifed b~heexectiv dircto or hainanissuance of air contaminants unless he holds a permit'from the
.regulation or oi'der certified by,~he executive director or chairman
;vguatin o cier enifed y Ae eecuive iretoror haimanpermit board, except repairs or maintenance of equipyment for
of the commission shall be received in evidence in all courts of permit board except repairs or maintenance of equipen for
this state with the same effect u the origina ly inssued.
SOUJRCES! lAw, 172 ch. 505, 91, 1; _ I from(2) Water Prohibitions. (a) It shall be unlawful tot iay' orsoti
after paage (approved Mah 4, l. Oe M ac 4. ' CD ) to cause pollution of any waters of the state ao' to' place or
cause to be placed any wastes in a location where they1 i likAly to
4 9-17.25. Rules and regulation-publication, cause pollution of any waters of the state; and (ii) to dilschltg any
wastes into any waters of the state which reduce the'qality of
Rules and regulations of the commission shall be published in such waters below the water quality standards established thtdefor
the following manner. Those having general application through by the commission. Any such action is hereby declared to be a
the state shall be published once in some newspaper in and having public nuisance.
eneral circulation throughout the state; those of special character (b) It shall be unlawful for any person to carry on aIy'o' the
local application only shall be published once in some
vnewspaper published in and having general circulaion in s om following activities unless he holds a current permit therefor from'
newspaper published in and having general circulation in the tipri or smyb eurdfrtedsoa falwse
locality where such rules, regulations and orders are applicable; h permit board as may be required for the disposal of all wastes
but if no such newspaper is so published and circulated, a copy of which are or may be discharged thereby into the waters of the
uch rule and regulations shall be posted in three () conspicuo state: (i) the construction, installation, modification or operation of
places in which they are applicable, and such posting shall be V any disposal system or part thereof or any extension or addition
ruch ruler ~~~~~~~~ ~ ~ ~ ~~andrgltossa epsedi he 3 oriuu y disposal system or part thereof or any extension or addition
thereto; (it) the increase in volume or strength of any .'astes in
t hat is require uner thictowether such notice reai thereto; (ii) the increase in volume or strength of any rwses in
pthat required un der t his section whethersuch notice remain so excess of the permissive discharges specified under any existing
posted or not.
posted or no t . ~ ~ ~ ~ ~ ~ ~ ~~~~permit; (iii) the consmaritian, installation or operation of any
Rules and regulations of the commission having general applici. pit; (iii) the cnrion, insalltion or operation of any
industrial, commercial or other establishment including iitfrl~aion
tion shall also be filed.with the chancery clerk in each county of inujectr or my extension or modifca tion therof-oidiition
the state, and those of special character shall be filed with the thereto, the ope r ation of which would cause an inreof o in the
chanery lerkof he cuntyor ountes afectd b aud ruls ~thereto, the operation of which would cause an increase! in the
gchancery clerk or the county . or counti e affected by stb rules or discharge of wastes into the waters of the state or would otherwise
~~regulations.~ alter the phrsical, chemical or biological properties. of any waters
SOUR:CES Lw 1!77, eb $'7, Il d bof Fad Ncer passer (ePP'rvd of the state In any manner not already lawfully muthorizedl,(lY) the
March 4. 19y nconstruction or use of any new outlet for the discharge iof any
wastes into the waters of the state.
� 49-17-27. Emergency orders; public notice of emergency (3) Air and Water Permits. (a) The permit bord td b
sdtuatlonL
si55~~tua155~tionsfl~- seciion 49-17-28 shall be the exclusive administrative body to
In the event an emergency is found to exist by the commissio, make decisions on permit issuance denial, modification or revoca-
It may issue an emergency order as circumstances may rquir tion of permits required hereinabove. The decisions of the permit
Said emergency order shall become operative at the time and date board shall be recorded in minutes of the permit board and shall
designated therein and shall remain in force until modified orbe kept separate and apart from the minutes of the l commi
.be kept separate and apart from the minutes of the full commis-
cancelled by the commission or superseded by a regular order or sion. The decision of the permit board to issue deny, modify or
the commission or for a period of forty-five (45) days from its revoke permits shall no be construed to be an order or other
effective date, whichever shall occur first, and may be enforced by action ofthe full commission.
an injunction if necessary. The chancery court shall always be (1) The executive director of the commission shall also be the
deemed open for hearing requests for injunctions to enforce such executive director of the permit board and shall have available to
emergency orders and the same shall have precedence over other him, as executive director of the permit board. all resources and
matters. personnel otherwise available to him as executive director of the
When. in the opinion of the commission or its executive direc. commission.
tor, an emergency situation exists which creates an imminent and : (c) All persons required to obtain an air or water permit shall
substantial endangerment threatening the public health and safiety make application therefor with the permit board. The permit
or the lives and property of the people of this state. notice shall be board, under such rules and regulations as the board may pre.
given immediately to local governing authorities, both county and scribe, may require the submission of such plans, specifications
municipal, the state civil defense organization, and the govemno and other information as it deems necessary to carry out the
for appropriate action in accordance with applicable laws for provisions of sections 49-I7-1 through 49-17-43S or to carry out
protections against disaster situations. the rules and regulations adopted pursuant to such sections. The
SOURCES: Las,. 1971, ch. 505, , efI frmn and aifter passage (appeoved permit board, based upon such information as it deems relevant.
Mlay 1a, 19'2). shall issue, deny, modify or revoke such air or water permit. The
permit board shall take action upon such application within one
� 49-17-28. Permit board; membership. hundred eighty (180) days of its receipt in the board's principal
There is hereby created.a permit board for the purpose of office.'
issuing. modifying. revoking or denying, under such conditions (d) Notwithstanding any other provision found in sections 49-
and limitations as it may prescribe. permits nto control or prevent 17-1 through 49-1.7-43. all hearings in connection with permits
the discharge of contaminants and wastes into the air and waters heretofore or hereafter issued. denied, modified or revoked and all
of the state. The membership of the permit board shall be appeals from decisions of the permit board shall be as set forth
composed of the chief of the bureau of environmental engineering hereinbelow.
of the state board of health: the director of the bureau of fisheries (4) Permit Hearings. (a) Public hearings. Prior to the issuance.
and wail~fe of the department of wildlife conservation; the chief of denial, modification or revocation of any air or water permit. the
the division of state land and water resources of the bureau of permit board, in its discretion. may hold a public hearing or
land and water resourres of the department of natural remurew, meeting to obtain comments from the public on its proposed
the supervisor of the state oil and gas board; and the director of action. Such hearing or meeting shall be informal in nature and
the bureau of marine resources of the department of wildlife conducted under such procedures as the permit board may deem
conservation. appropriate.
3OURCS l: , 1973, tI.. 37 $, It a97, 3l7, 51 5 I978, C. ,4. 14 . (b) Formal hearings. Within thirty (30) days after the date the
from ad anfter July 1. 7. permit board takes action upon permit denial. modification or
revocation. as shown on the minutes of the permit board. any
permittee aggrieved by such action may file a written request for a
formal hearing before the permit board.
The permit board shall thereupon fix the time and place of such
hearing and shall notify the permittee thereof.

APP-19

In conducting the hearing, the permit board shall have ,ithe sae 1 49-17-31. Proceeding before comasunlason.
full powers as to subpoenaing witnesses, administering oaths, (a) Whenever the commission or an employee therefof 'Ia
examining witnesses under oath and conducting the hearing, as is reason to believe that a violation of any pr9vision of secid6f, 49
now vested by law in the Mississippi Public Service Commission, 17-I to 49-17-43 or a regulationi or of any order of the commis'
as to the hearings before it, with the additional power.that the sion has occurred, the commission may cause a written complaint
executive director of the permit board may issue all subpoenas at to be served upon the alleged violator or violators. The complaint
the instance of the permit board or at the instance of the pertit. shall specify the provisions of said sections or regulationor order
tee. Said subpoenas shall be served by any lawful okRcer in itny alleged to be violated and the facts alleged to constitute atviola,
county to whom the same shall be directed and return, .made tion thereof, and shall require that the alleged violator &ppeaY
thereon as provided by law, with the cost of service being paid ,by before the commission at a time and place specified in the notice
the party on whose behalf the subpoena was issued.1.Wiinesses and answer the charges complained of. Said time of appearance
summoned to appear at the hearing shall be entitled to the.same before the commission shall be not less than ten (10) days nor
per diem and mileage as witnesses attending the circuit court and more than thirty-one (51) days from the date of the service of the
shall be paid by the person on whose behalf the witness, was complaint; however, the commission may set a special date for
called. Sufficient sureties for the cost of service of the subpoena such appearance upon written request of the person cited in the
and witness fees shall be filed with the executive director of the complaint.
permit board at the time that issuance of the subpoena is re- (b) The commission shall afford an opportunity ior .a fails
quested. At such hearings, the permittee may present witnesses hearing to the alleged violator or violators at the time and place
and submit evidence and cross-examine witnesses. specified in the complaint. On the basis of the evidence produced
The permit board may designate a hearing offcer'to'conduct at the hearing, the commission shall make findings of 'ct. and,
the hearing on all or any part of the issues on behalf ot the permit conclusions of law and enter such order as in its opinion will best.
board. The hearing officer shall prepare the record of the,hearing further the purposes of sections 49-17-1 to 49-17-45 and shall;
conducted by said officer for the permit board and shal.subpuit give written notice of such order to the alleged violator, and.to
findings of fact and recommended decision along with such re-ord such other persons as shall have appeared at the hearing orptnade
to the permit board. written request for notice of the order, and the commission. may!
Upon conclusion of the formal hearing, the permit boardd s.is assess such penalties as hereinafter provided.
Upon conclusion o~f the formal hearing. the permit boartlahill
enter in its minutes the board's final decision affirming,' modifying (c) Except as othewise expressly provided. any notice orother'
or reversing its prior decision to deny, modify or revoke a permit. instrument issued by or under authority of the commission ma be
Such decision shall be final and conclusive unless an appellla served on any person affected thereby personally or by pui
provided hereinbelow, is taken to chancery court within.swenty tion, and proof of such service may be made in like manner as in
(20) days of the date the decision is ntered in case of service of a summons in a civil action, such proouo' iob'
(20) days of the date the decision is entered in thevrajfard's
minutes. filed in the office of the commission; or such service may be a'de,
c) Within twenty (20) daysafter the date the perit b� es by mailing a copy of the notice, order. or other instrumtentby
(c) Within utwenty (20) p idays afte the dtes o the permit iidlake certified mail, directed to the person affected at his last- mnown
action upon permit issuanceas shown on minutes of the/pirmit post office address as shown by the files or records of the C6mmi-s.
board, any person aggrieved of such action may appeal such'ltion sion, and proof thereof may be made by the affnidavit of the' p t'tso
as set forth in the permit appeal section below. who did the mailing, filed in the office of the commission. '
(5) Permit Appeals. (a) Notwithstanding any other provisiond of. OURtmCES: aws, 1972, ch. 30I. 7; I?, ch. 327, a, lf from as lif e
sections 49-17-1 through 49-17-43, appeals from any decision or pa (Ippmred Mmrchi 4. 197).
action of the permit board shall be only to chancerye0furt au
provided hereinbelow. � 49-17-33. Hearings.
(b) Any person who is aggrieved by any final decision iof the The hearinrs herein trovided may be conducted bw the romsi4
permit board issuing, denying, revoking or modifying may ippeal sion itself at a regular or special meeting of the commission. or
such final decision to the chancery court of the countylof the sim the commission may designate hearing officers who shall have the
in whole or in part of the subject matter by giving a cost'iband power and authority to conduct such hearings in the name of the
with suffcient sureties. payable to the state in the sum of not Im commission at any time and place as conditiors and cicusane
than one hundred dollars ($100.00) nor more than five hundred may warrant. However, on the fourth Tuesday of each month at
with~~~~~~~~~~~ ~ ~ ~~ sufcentsurti, payabe (t) themberse in the ano .t commissiona n ie n lc as h condvene and cicmtanes
dollars ($500.00), to be fixed by the permit board and to be filed lest five (5) members of the commission shall convene at the
with and approved bythe executive director of the permit board, commission's offices 1 Jackson. Mississippi, for the purpose of
who xall forthwith certify the same together with a certified copy hearing the substance of complaints issued. the responses of
of the record of the permit board in the matter to the chancery alleged violators, and the determining of what penalties, if any.
court to which the appeal is taken, which shall thereupon become should be levied and the imposition of the penalties, if any and
the record of the cause. An appeal to the chancery court as also for such conferences with alleged violators and/or others as
provided herein shall not stay the decision of the permit board. may seem necessary or appropriate. Any person ordered to appear
The aggrieved party may. within said twenty (20) days. petition the for an alleged violation shall have the right to request a haring
said chancery court for an appeal with supersedeas and the before a majority of the commission if he prefers and such a
chancellor shall grant a hearing on said petition and upon good hearing may then be set for the fourth Tuesday. the next regular
cause shown may grant said appeal with supersedeas: the appellant meeting of the full commission or specially. A verbatim reord of
shall be required to post a bond with sufficient sureties according the proceedings of such hearings shall be taken and filed with the
rig ~~Commission, together with findings of fant and conclusions of law
to law in an amount to be determined by the chancellor. Appeals cmmision, together with ndin of a and conclusions of law
shall be considered only upon the reord as made before the made by the commission. Witnesses who are subpoenaed shall
permit board. The chancery court shall always be deemed opn receive the same fees and mileage as in civil actions. In case of
for hearing of such appeals and the chancellor may hear the same contumacy or refusal to obey a notice of hearing or subpoena
in termtime or in vacation at any place in his district. and the same issued under this section the circuit court shall have jurisdiction
shall have precedence over all civil cases, except election contess, upon application of the commission or its representative. to issue
The chancery court shall review all questions of law and of f I an order requiring such person o appear and testify or produce
no prejudicial error be found, the matter shall be affirmed. f evidence as the case may require and any failure to obey such
prejudicial error be found the same shall be reversed and the order of the court may be punished by such court as contempt
chancery court shall remand the matter to the permit board for thereof..
appropriate action as may be indicated or necessary under the SOURCES La-% 1972, ch. 05. 19. ef from and aftn pasage (appeord May
circumstances.. Appeals may be taken from the chancery court to IS. 1972).
the supreme court in the manner as now required by law. except
that if a supersedeas is desired by the party appealing to he � 49-1735. Request for hearing
chancery' Curt, he may apply therefor to the chancellor thereof. Any interested person shall have the right to request the corn-
who shall awaid a writ of supersedeas, without additional bond, if mission to call a hearing for the purpose of taking action in
in his judgment material damage is not likely to result thereby-. but respect to any matter within the jurisdiction of the commission by
otherwise. he shall require such supersedeas bond as he deems making a request therefrif in writing. Upon receipt of any such
proper, which shall be liable to the state for such damage. request, the commission shall conduct such investigations as it
SOURCES: Iai.A 1972. dc0I . : 973, chl. 373, 9 ih 1977 Ic. h327. rT. A deems necessary and may call a special hearing or may schedule
from and after pas..e (approsed Maehs 4. 197). such matter for its next regular meeting or hearing day. and after
Cron Weref c- �such hearings and with all convenient speed and in any event
As to cmaital -tlbnds pesions bl.. rwe Cpr 27 of thisitl. within thirty (30) days after the conclusion of such hearing shall

APP-20

take such action on the subject matter thereof ma it mardeWi damage Is not likely tn result thereby, but otherwise, he shall
appropriate. 4rquire such supersedeas band as he deems proper, which shall be
UOURCES, ta Is, d1 80s, It, w team antd aser pasreg (ippr lable to the state for such damage.
May 18, 1,972). OUICESi LAws, 197", eh. S05, I 15, ef fr*m and aftr pasgge (approved
May 18, 19'/2).
� 49-17-37. Transcript ofhearings.W a Is9).
AllI hearings before the commission shall be recorded either by a 49-17-43. Penalties.
court reporter or by tape or mechanical recorders and subject to (a) Any person found b the commision vilating any ol' i
tamnscription upon order of the commission or any interested provisions o sechons 49-1 -1 to 49-17-43. or any rule or regula
party, but in the event that the request for transcription originates tion or written order of the commission in pursuance thereofor
with an interested party, such party shall pay the cost therof any condition or limitation of a permit. shall be subject to a
oUr~CESI Codes92 9 7161261 Lsu 1166, ei, 2, ft, ciom � penalty of not less than fifty dollars ($50.00) and not mole than
aStetJldy ! , live thousand dollars ($5,000.00), for each violation, such .enalty
to be assessed and levied by the commission after a hearing as
~ 49~-j4 . Protection of~chdeilal nforstlon provided hereinabove. Appeals from the imposition of the penalty
Any information other than emission data or etffsieon . id may be taken to the Chancery court in the same manner as appeals
Ay information other than emission data or eff t' da from orders of the commission. If the appellant desires to staysthe
relating to confidential processes, devices, Or methods of minuf4 execution o a penalty assessed by the commission, he shall give
ture or production obtained by the commission or its emplo)yes in bond with sufficient resident sureties of one or more guaranty or
the administration of sections 49-17-1 to 49-17-43 shall be kept
confdentil. Anyone isolating this sections97t4 shall be kpliablt 'tvi surety companies authorized to do business in this state, payable
confidential. Anyone violating this section shall be liablel].lh-ViA o th tte fMsi3iinapaltyeult obe-h
action for damages arising therefrom and shall also be ghlfugr"'df to the State of Mississippi. in a penalty equal to double-the
amisdemeanor punisighablerr n as provided by law,1 iamount of any penalty assessed by the commission, as to :which
misdemeanor punishable as provided by law. the stay of execution is desired, conditioned, if the judgment shahll
Internal reports, memoranda, field reporti, laboratory. anmlyse be affirmed, to pay all costs 3f the assessment entered against'the
;and like mateial, other than emission data or effluent dcti;h appFellant. Each day upon which a violation of the provisions of
be treated confidentially by the commission, provided they may sections 49-17-1 to 49-17-43 occurs shall be deemed a separati
made available to the subject parties or their atttorneys,~ but Z.o
made available to the subject parties or their attoey and additional violation. Funds collected under this section shall
others, upon proper request. be deposited in the water pollution abatement grant fund. Action
SOURCt. Laws, 197 c i. 327e , 9 , e fromi and after passae (approved pursuant to this section shall not be a bar to enforcemrnt.of
sections 49-17-1 to 49-17-435. rules and regilatinns in'ro'f t
pursuant thereto and orders made pursuant to the aforementiotld
�49-17-41. Appeals to chancery courL sections, by injunction or other appropriate remedy. The commis.
In addition to any other remedies that might now be alailable, sion shall have power to institute and maintain in the name ofthe
any person or interested party aggrieved by any order of the state any and'all such enforcement proceedings in the chantmer
commission, shall have a right to file a sworn petition with 'the court of the county in which venue may lie.
commission setting forth the grounds and reasons for his com. (b) Any person who violatesany o the proviions o or ail
plaint and asking for a hearing of the matter involved, iroi perform any duty imposed by sect ions 49-1- t o 49-17-4 or
that no hearing on the same subject matter shall haebe any rule rform regulation impossued heby, sectionsor who violates any49-17-45 order
previously held. The commission shall thereupon fix the time d ay rule or regulation issued hereunder, or who violates any order
or determination of the Yoremission promulgjted pursuant t0'itich
place of. such hearing and shall notily the petitioners thereof.,)In'r
such pending matters, the commission shall have the same full sections, and causes the death of fish or other wildlife shall be
powers as to subpoenaing mwitnesses. administering oaaths, sell liable, in addition to the penalties provided in subsection.(a)
owe as to subpoenaing witnesses under oath and conductinisg the hearing oaths, exaino. hereof, to pay to the state an additional amount equal to the sum
vgested by law in the Mississippi Public Service Commisio of money reasonably necessary to restock such waters or replanllh
vested by law in the Mississippi Public Service C. ommisslo9,.Q 96 tsuch wildlife as determined by the commission alter consultatlon
hearings before it, with the additional oower that the executive h e a tem nd h commission a onta
director may issue all subpoenas, both at the instance of .ibe with the state game and fish commission. Such amount maaytb
director may issue all -iulbioeonas. both at the instance ;ofithe
petitioner, and of the commission. At such hearings the petionem rovered l the commission on behalf o the state in a civil action
and any other interested party, may oafer, present witnesses and brought in the circuit court of the county in which venue may lie.
submit evidence. tc) Any person who owns or operates facilities which, through
Following such hearing the final order of determination'of the rmitsadventure, happenstance or otherwise cause pollution necessi-
commission upon such matters shall be conclusive. unless the ating immediate rmedial or cleanup action shall be liable for the
5 ~ ~ ~ ~ ~ ~~~~~~~~~~~cost of such remedial or cleanup action and the commission may
petitioner, or such other interested party appearing at the hearing, cost of such mdial r cleanup action and the commission may
shall, within fifteen (15) days after the adjournment of the meeting over the cost of same by a civil action brought in the circuit
a; which said final order was made, appeal to the chancery court of court othe county in which venue may lie.
the oun where the hearing was held, or the stus in whole or In the event of the necessity for immediate remedial or cleanup
tetnsywere the hearing was held, or ot the situs in whole or action, the commission may contract for same and advance funds
in part of the subject matter of the hearing by giving a cost bond action the commission may contract for same and advance nds
with sufficient sureties, payable to the state in the sum of not less water pollution abanement grant fund to py the cost
thereof, such advancements to be repaid to the Water pollution
than one hundred dollars ($100.00) nor more than five hundred a batement grant fund upon recovery by the comm issi on as pro.
dollars (5500.00), to be fixed in the order appealed from, to be vided above.
filed with and approved by the executive director of the commis- ided above.
sion, who shall forthwith certify the same together with a certified (d) It is unlawful for any person to: (i) discharge pollutants in
copy of the record of the commission in the matter to the violation of section 49-17-29 or in violation of any condition or
chancery court to which the appeal is taken, which shall thereupon limitation included in a permit issued under section 49-17-29 or
become the record of the cause. An appeal o the chancery court (2) introduce pollutants into publicly owned treatment works in
as provided herein shall not stay the execution of an order of the violation of pretreatment standards or in violation of toxic effluent
commission. Any party aggrieved by an order of the commission standards; and, upon conviction thereof, such person shall be
may. within said fifteen (15) days after the adjournment of he punished by a fine of not less than two thousand five hundred
commission meeting at which said final order was entered, petition dollars (52,500.00} nor more than ten thousand dollars
the chancery court of the situs in whole or in part of the subject ($10,000.00) pet day of violation.
matter for an appeal with supersedeas and the chancellor shall IOURcS: Laws, 1972, o. 305, � 14:1973. dI4 . 1; 1t?977, .. 32,0. I/ O,
grant a hearing on said petition and upon good cause shown may after passage (.pprved March 4. 197)
grant said appeal with supersedeas; the appellant shall be required
to post a bond with sufficient sureties according to law in an
amount to be determined by the chancellor. Appeals shall be NOTE: Sections 49-17-61 through 49-17-70 deal
considered only upon the record as made before the commission. with Water Pollution Abatement 'Grant Progran. These
The chancery court shall always be deemed open for hearing of are not germane to the Mississippi Coastal Pro-
such appeals and the chancellor may hear the same in term time are not r p oueher
or in vacation at any place in his district, and the same shall have Sectiogram and are not rep49-17-101 through 49-17-123 deal withere.
precedence over all civil cases, except election contests. The SeCounty and Municipal Bons 49-17-101for Pollution Contrough 49-17-123 deal with
chancery court shall review all questions of law and of fact. If no As s uch they are not germane to the Program and
prejudicial error be found. the matter shall be affirmed and are not rhe
remanded to the commission for enforcement. If prejudicial erro are not reproduced here.
.be found, the same shall be reversed and the chancery court. shall
remand the matter to the commission for appropriate action as
nMay be indicated ol' necessary under the rircumsanct,. Appeals
may be taken from the chancery court to the supreme court in the
manner as now required by law, except that if a supersedeas is
desired by the party appealing to the chancery court. he may apply
therefor to the chancellor thereof, who shlall award a writ of
suersedeas. without additional bond. if in his judgement material

APP-21

* . APPENDIX E
BOARD OF WATER COMMISSIONERS
('NOW BUREAU OF LAND AND WATER RESOURCES)
Enabling Legislation
WATER RESOURCES LAWS

APP-22

51-3-1 Declaration of policy o conservationof (i) "Established average minimum flow"-When reasonably re-
� 51!e..u=. Decl~ralon of poliy on conservation .of water quired for the purposes of this chapter, the board shall determine
resm~~~~~~oursc~a.~ ~and establish the average minimum flow for a given stream at a
It is hereby declared that the general welfare of the people of given point thereon. The "average minimum flow" as used in ti
the State or Mississippi requires that the water resources of the chapter shall be the average of the minimum daily flow occurring
state be put to beneficial use to the fullest extent of which they a during each of the five lowest years in the period of the preceding
capable. that the waste or unreasonable use, or unreasonable twenty consecutive years. Such determinations shall be based upon
method of use, of water be prevented, that the conservation of available stream-flow data, supplemented, when available data is
such water be exercised with the view to the reasonable and incomplete, by reasonable calculations.
beneficial use thereof in the interest of the people, and that the ) "Established average minimum lake levels-When easona.
public and private funds for the promotion and expansion of the ( bly required for thaverage minimum lake levepter"-W the board sha
beneficial use or water resources shall be invested to the end tisat bly required ror thqr purposes or this chapter, the board shall
beneficl use of water resources shall be invested to the end that determine and establish the average minimum lake levels for a
the best interests and welfare of the people are serve given lake. The "averge minimum lake level," as used in this
Water occurring in any watercourse, lake, or other natural water chapter, shall be the average of the minimum lake leve l during
body of the state is hereby declared to be among the basic each of the five lowest years in the period of the preceding twenty
resources of this state and subject to appropriation in accordance consecutive years. Such determination shall be based upon the
with the provisions of this chapter. and the control and develop- best available data, supplemented, when data is incomplete, by
ment and use of water for all beneficial purposes shall be in the reasonable calculations.
state, which, in the exercise of its police powers, shall take such (k) "Board"-The board of water commissioners of the State of
measures as shall effectuate full utilization and protection of the Mississippi.
water resources of Mississippi. (I) "Water engineer"--The water engineer of the board of water
SOURCES: Codes, 1941, 5956-051; Laws, 1956, eh. 167, 1; 1962, dch. i. commissioners of the State of Mississippi.
r"s references.- SOURCES: Codes, 1942, 5956-01; Laws, 1956, cd. 167, 2; 1958, b. 196, 1.
For another section derived firom same 1042 code se-cion, see 51--4.
As to creation o maer water sanaugement districts, sec 51-7-1. Researcseh and Practice References-
As so powers of drainage districts. se Ii l 51-31-1 e seq. 5 Am Jur (lit ed). Waters I 65.
A so Urban Flood and Drainage Control Law, see II 51-3S-01 et s. 93 CJS. Waters 112.I

� 51-3-. Definitions. � 51-3-5. Construction.
The words and phrases when used in thi chapter shall., for the Nothing in this chapter shall be construed or interpreted as
purposes of this chapter, have the meanings respectively ascribed affecting ground or subterranean water rights or usage, nor shall it
to them in this section, except in those instances where the be construed as being applicable to dredging or washing of sand
context clearly indicates a different meaning, and gravel.
(a) "Person"--Every natural person, firm, partnership. associa- SOURCES: Codes, 1942, s5956.01, 59560s; Laws, 1956, ch i67, if1, 1
tion, cooperative, public and private corporation, irrigation or 1962, di. 21t
other improvement district, and any state or federal agency. Crouss references-
(b) "Surface water"-That water occurring on the surface of the For anoter section deried from sme 1942 code ection. see I --1.
ground; and "ground water"-That water occurring beneath the
surface of the ground. � 51-3-7. Water rights defined.
(c) "Domestic uses"-The use of water for ordinary household (I) No right to appropriate or use water subject to appropria-
purposes, the watering of farm livestock, poultry and domestic lion shall be initiated or acquired except upon compliance with the
animals, and the irrigation of home g ardens and lawns. provisions of this chapter, and no person shall take water from a
(d) "Municipal use"-7he use of water by a municipal govert.- stream. lake or other watercourse without having a valid right to
ment and the inhabitants thereof. primarily to promote the life, do so. However, any person or persons claiming their rights as
safety, health, comfort, and business pursuits of the inhabitants. It defined under subsection (g)(2) of section 51-3-3. where that
does not include the irrigation of crops. although within A person had begun to make beneficial use of water as of April 6,
corporate boundaries. 1956, the effective date of the original law, or within three (3)
years prior thereto, shall file their claim with the board of water
(e) "Beneficial se"-Th7e application of water to a useful pu, commissioners, but the priority of all claims filed after December
pose that inures to the benefit of the water user and subject to hi SI, 1958, will bedetermined by the date the claim is received 7
dominion and control, but does not include the waste of water.
dominion and control, but does not include the waste of water the board. Any person convicted of violating the provisions hereof
(I) "Appropriator"-The person who obtains a permit from the shall be fined not to exceed one hundred dollars ($100.00), or be
board authorizing him to lake possession by diversion or other.- imprisoned not to exceed thirty (30) days, or both, in the discre-
wise and to use and apply an allotted quantity of water for a tion of the court. Nothing herein shall interfere with the custom-
designated beneficial use, and who makes actual use of the water ry use of water for domestic purposes. Nothing herein shall
for such purpose. operate to deprive any landowner of the right to the use of the
(g) "Appropriation"-...- water from a spring arising on his land so long as such use does
(I) The use of a specific amount of water at a specific time and not interfere with the right of any water user below. The user of
water for domestic purposes and the landowner using water from
astg a s pecific place, authorized and allotted by the board f a spring arising on his land may elect to file a claim to establish a
designated beneficial purpose within the specific limits as to right to the use of such water under the procedures provided in
quanitytime plae, ad rae ofdivesionand ithdwa1.right to the use of such water under the procedures provided in
quantity, time, place, and rate of diversion and withdrawal. section 51-3-25, Mississippi Code of 1972.
section S 1-S-25, Mississippi Code of i 972.
(2) The right to continue the use of water having actually been (2) Subject to the common law or other lawful water rights of
applied to any beneficial use as of April 6, 1956, or within three others, any perso may build and mantan a dam on any strea
years prior thereto to the extent of the beneficial use made tes n cor a ul d itiaa n y vri
years prior thereto t o the etent of th e beneficial useta mande where the drainage area is fifty (50) acres or less and utilize the
thereof. It is not the intent of this chapter that any person making
use of any watercourse for waste disposal or in pollution abate- impounded water without a permit from the board so long as such
use ,on said date, dshall be cipolonstrued 2 e hv action does not affect the established average minimum flow in the
mentnsaddte hll b ostuda having any vested right wtrostream below the dam. The user may elect to establish a right to
to Pollute the waters of th e water course.,ca the use of such impounded water under the procedures provided
(3) The .right to take and use water for beneficial purposes in section 51-3-25, Mississippi Code of 1972.
where a person it bona fide engaged in the construction of works
for the actual application of water to a beneficial use as of April 6. (3) The board shall have the authority to permit the appropria.
1956, provided such works shall be completed and water is lion of water of any stream only in excess of the established
actually applied for such use within three years after said date, average minimum flow as based upon records or computations by
with extension of not more than seven years in the discretion of the board. However, exceptions may be made for domestic and
the board. It is not the intent, however, to validate any claim to municipal users. The board may authorize any appropriator to use
the use of water, or for rights of construction looking to the use of the established minimum ow upon written assurance that such
water, not lawful on said date.
~water.~ not lawful on s~aid date. water will be immediately returned to the stream in substantially
the same amount to insure the maintenance at all times of the
(h) :"Watercourse"--Any natural lake, river, creek, cut, or other the same amount to insure the maintenance at all times of the
(We"atecouse"-rtynatrallake riercrek, ct, r oheraverage minimum flow. The board may authorize an appropriator
natural body of fresh water or channel having definite banks ande e minimum flow. The oard may authorize an appropriator
bed with visible evidence of the flow or occurrence of water, to se the ealised minimum ow for industrial purposes when
such lae without outlet to which only one landowner such water sihall be returned to the stream at a point downstream
except such lakes without outlet to which only one landowner .is fo h lc fwtdaa.weetebadsalGi htsr
except Ifrom time place of withdrawal. where the board stah haltl ethai surh
~~~~~~~~~~~~~riparian. ~appropriation will not result in any substantial detriment to prop-
erty owners affected thereby or to the public interest.

APP-23

(4) The board shall have theauthority to permit the appropriation � 51-3-16. Bureau of land and water resources-duties and
ofwater ofanylake onlyin excess ofthe established average minimum powers in assisting waterway, river basin and watershed
lake level as based upon records or computations'by the board. How- authorities and districts.
ever, exceptions may be made for domestic and municipal users. The The bureau of land and water resources through the division of
board, upon affording a hearing to interested paillis, miay authorize regional water resources shall have the following duties and
any appropriator to use below the established average minimum levelr basin and watershed authorities
when such use will not affect plans for the proper utilization of the and districh s
water resources of the state, or the board may establish a level above a tris
the established average minimum lake level. after affording an oppor. (a) To offer such assistance as may be approprie to the various
tunity for a hearing, where plans for the proper utilization ofthe water authorities and districts, as set forth in section 51-3--l. in the
resources of the state require it. performance of any of their powers and progrms$
*(5) No appropriation of water shall be authorized that iSill (b) To keep the authorities and districts inforimed of the activi-
impair the effect of stream standards set under the pollution ties and experiences of all other such authorities and districts and
impair tofciiae ainercane of exprienc amon stadads setundr' ollutien
control laws of this state basCd upon a minimum stream Row. to facilitate an interchange of experiences among such
and districts;
(6) No appropriation'of water shall be authorized or continued dtrct
that will impair the navigability of any navigable watercourse. (c) To coordinat e the programs of the various authorities and
districts;,
IBOUXCES: laws, 19781, ch. 417. I I, elf fronm and after .lely 1, 1978. dsrcs
OURCES: ls, 1 , ch. 437 1lroand after July 1, 197. I(d) To secure the cooperation and assistance of the United
Research and Practice Referencn-- States and any of its agencies and of agencies of this state in the
Rights and interests in water generally, 20 Am Jur Legal PFonrms . Waters. work of such authorities and districts:,
If 2 -seqH.K. (e) To disseminate information throughout the state concerning
ALR Annotatilons- ' the activities and programs of the various authorities and districts
Landowner's right to relief against pollution of his wteler iupply by industrial and to encourage the formation of such authorities and districts in
or mmmm~~~l r~llc. S9 ~~~LR~d OIO. ~and to encourage the formation of such authorities and districts in
�or commercial waite. 39 ALRad 910.
areas where their organization is desirable;
� 51-;3-9. Water appropriation equal to other property (I) To seek and receive granu ofmonies, and other assets, from
rights. any legitimate sources for use in carrying out the purposes of this
No water appropriation acquired pursuant to law shall be de- section;
dared forfeited and surrendered except by a court of competent (g) To distribute any appropriated or other funds or assets in its
jurisdiction as other property rights are determined. However, custody or under its control, from state, federal or other govern.
upon good cause shown, the board may modify or terminate aty mental agencies or political subdivisions thereof, or from private
,apprOpriation at any time. . grants, appropriate in carrying out the purpose. of this article,
OURICES: Codes. 194, ! 59$e-0S; Laws, 1956, el. 167, I S, eff from and aft including matching funds to districts;
passage (approwd April 6, 1956). (h) To give guidance and overall supervision to districts when
1--11.Termination ofwater ights. such assistance is requested, or acceptable.
� 51-3-11. Termination of water rights.
The right of the appropriator and his successors to the use of OURCEs Laws, 978 ch. 44, i 8, ef from and afterJ 1. 1979.
water shall terminate when he ceases for three consecutive years
to use it for the specific beneficial purpose authorized in his 51-17. Repealed by Laws, 1978, ch. 484, � 37, ef from
permit or license. However, upon his application prior to the and afterJuly I. 1979.
expiration of said three year period for extension of said permit or
license, the board may grant such extension without the loss of � 51-3-18. Authorities and districts to receive assistance
priority. from division of regional water resources.
SOURCZS: Codes, 1942, Is 5956-06 Laws, 116, ch, A67, 9,. af from and after The waterway, river basin and watershed authorities and dis-
pag age (apro Aprila . I4). tricts to receive assistance from the division of regional water
resources shall include:
51-3- . ;Application for appropriation of water. (a) the Pearl River Industrial Commissitn. created by section
51-9-1. Mississippi Code of 1972;
Appropriation of surface waters of the state shall not constitute 5-9-. Mississippi Code of 1972;
absolute ownership or absolute rights of use of such waters. but (b) the Pearl River Valley Water Supply District, created by
such waters shall remain subject to the principle of beneficial e. section 51-9-105. Mississippi Code of 1972;
It shall be the duty of the board to approve all applications made (c) the Pearl River Basin Development District, created by
in such form as shall meet the requirements of this chapter and section 51-11-3, Mississippi Code of 1972;
such rules and regulations as shall be promulgated by the board (d) the Tombigbee Valley Authority, created by section 51-13-
and which contemplate the utilization of water for beneficial I, Mississippi Code of 1972;
purposes, within. reasonable limitations, provided the proposed (e) the Tombigbe River Valley Water Manageent Disic
use does not prejudicially and unreasonably affect the public c reated by section 51-1 V-103, Mississippi Code Or 1 iti
created by section 51-13-103, Mississippi Code of 1972;
interest. If it is determined that the proposed use of the water
sought to be appropriated is not for beneficial purposes, is not ( the Pa Harrison Waterway Commission created by section
within r-.- .'.-, limitations, or is detrimental to the public 1-15-1, Mississippi Code of 1972;
interest, it stail be the duty of the board to enter an order (g) the Pat Harrison Waterway District, created by section 51-
rejecting such application or requiring its modification. 15-10S, Mississippi Code of 1972;
SOURCES: Codes, 1941, 5 956-07; Laws, 1956, cbL 167.7, fef bor and ter (h) the Big Black River Basin District, created by section 51-17-
passage (approved April 6, 1956. 3, Mississippi Code of 1972;
(i) the West Central Mississippi Waterway Commission, created
by section 51-19-1, Mississippi Code of 1972;
� 51-3-15. Natural resources commission to assume powers () the. Lower Mississippi River Basin Development District,
and duties of board of water commissioners. created by section 51-21-3, Mississippi Code of 1972;
(1) The Mississippi Commission on Natural Resources shall be (k) the Lower Yazoo River Basin District, created by section 51-
the board of water commissioners. and shall exercise the duties 23-3, Mississippi Code of 1972; and
and responsibilities of the board of water commissioners through 0() the Yellow Creek Watershed Authority, created by section
the division of state land and water resources of the bureau of 51-21-1, Mississippi Code of 1972.
land and water resources of the Mississippi Department of Natural SOURCES:'Laws. 1978, ch. 484, 1 19. ef from and after July 1,1979.
Resources. insofar as practicable under the provisions of Chapter
2 or Title 49.-Mississippi Code of 1972. � 51-3-19. Repealed by Laws, 1978. ch. 484, 1 37, eftf from
(2) The A;orcl "board of water commissioners" wherever they and afterJuly 1, 1979.
may appear in the laws of the State .of Mississippi shall be
construed to mean the Mississippi Commission on Natural Re- � 51-3-20. Waterway, river basin and watershed authorities
~~~~~~~~~sooti~~~~rces. ~council.
SOURCES: Laws 19978, ch. 494,936, ef ffrom and after Jul 1, 1979. (1) There is hereby created a waterway, river basin and water-
Coss references..- shed authorities council to be composed of the directors of the
As to regulation of groundwaters. rsee Chapter 4 of this title. authorities and districts set forth in section 51-3-18.
Asto Mississippi Departmenit and Commlslion on Natural Reou ce gcx'liyT11.
As to Mi49--ippi ermnt and Comsq.ion n Nul Rour ll. (2) The council shall coordinate its efforts and schedule its
meetings through the division of regional water resnurces of the
bureau of land and water resources of the Mississippi Department
of Natural Resources.

APP-24

.(3) The council shall develop an annual statewide plan for 9 513-31. Application for appropriate rights.
Implementing works of improvement for the purposes of drainage, Any person intending to acquire an appropriate right to any of
prevention of flood water damage or the conservation, develop - the surface streams, lakes, and other watercourses of the state for
ment, utilization and disposal of waters for recreation. beautifica- beneficial use may do so only by making application to the board
tion, welfare and other beneficial use. for a permit to make such appropriation, with a fee of three
SOURCES1 Laws, 1978, ch. 454,140. elf from and aterjuly 5. 1 979. dollars ($3.00) accompanying such application. The application
shall set forth: (a) the name and post olffice address of the
� 51-3-21, Co-operation with other agencies. applicant: (b) the source of water from which the appropriation
(I) The board shall co-operate with all persons and agencies shall be made: (c) the amount of water sought, in standard units of
interested in regulating and conserving the use of water. measurement; (d) the location of the proposed works for the
(2) The board shall establish such units of measurement as'are diversion and use of the water, including such maps or plata as
necessary in the administration of this chapter. may be necessary for positive identification: (e) the estimated time
SOURCES: Code, 1941, (15956-111 Laws, 1956, eh. 167, I II, ef' from Nd for the completion of the works,; (I) the estimated time for the first
star passau e (approved April 6, 1956). actual application of the water for the beneficial use proposed: (g)
if for irrigation use, a description of the land to be irrigated by
� 51-3-23. Inventory of water resources. designating the number of irrigable acres, and its relative location
As soon as practicable, the board shahll inventory the water with respect to the source of the water supply, (h) if for municipal
resources of the state and gather such adequate data as may be water supply or the supply of an adjacent area to be served by the
helpful in the administration of this chapter. The board may co- municipality, it shall give the present population to be served and
operate with any agency of the federal or state governments in the estimated future requirements of the city, not to exceed twenty
accumulating such data. years, said twenty years' estimate of future requirements to be
So11URC Codaes, 1941, I 5956-11i; Laws, 145, eh. 167 I 12, efl from ad based on the same rate of increase of population as that had in the
after passlage (approved April 6, 1956). twenty year period, or such fraction thereof as required, immedi-
ately preceding the estimate, unless an unusual situation shall be
� 51-3-25. 'Powers and duties of board. shown to the board to exist or is foreseen which would justify a
deviation from the twenty year rule; and (i) any additional factors
(1) The board shall make such observations and measurements which may be required by the board.
as will enable ii to administratively determine and establish th A e reied by the board
rights of all water users who were making beneficial use of water All fees received by the board as herein prescribed shall be
prior to December 31, 1958. The user of water for those usesited in the geneal fund of the state.
exempt under this chapter and those uses exempt by provisions in SOURCES: Codes, 1942, I 956-16; Laws, 1956, ch. 167, (16, eV from and
effect at the time the uses were initiated may claim their rights as ater pasage (appred April 6, 156).
recognized elsewhere in this chapter and have 'them administra- Cro. rer es--
'tively ,determined'and established under this subsection. The As to appmropriation permiu, see 11 51-9-l29, $1-15-119, 51-4-321.
board shall afford all such water users an opportunity to be heard.
(2) Such administrative determination of rights, as provided for' � 51-8-33. Duty of board as to application.
'in this section, shall be made the subject of a written order, the
original of which shall be furnished the person concerned. Such (1) Upon receipt of the application it shall be the duty of the
original of which shall be furnished the person concerned. Suchbortohvenrsdhronheaeofheecitndo
'observations and measurements as were made shall be reduced to board to have endorsed thereon the date of the receipt and to
'bwriting and iled with a copy of the order of determination assign it a number. If upon examination the application is found
writing ~and filed with a copy of the order of determination
certified to by the chairman of the board, in the office of the clerk to be defective, inadequate, or insufficient to enable the board to
of the chancery:court in the county in which the point of diversion determine the place, nature, and amount of the proposed appro-
existst. .ec priation, it shall be returned for correction or completion or for
(5) Service of notice shall be deemed completed upon deposit- other required information. No application shall lose its priority of
'inR the notice in the post office, as registered mail, addressed to filing on account of uch defects, provided acceptable data, proofs,
known post office address. maps, plats, plans, and drawings are filed in the office of the board
othe person concerned at his last nown post oce address. The within thirty days following the date of the Dosting of the return of
order of determination of the board shall be in full force and asuch application or such further time, not exceeding one year, as
effect from the date of its entry in the records of the office of the may be given by the board.
clerk of the chancery court until its operation shall be stayed by an (2) All maps, plats, plans and drawings shall conform to pre-
order of a court of competent jurisdiction. scribed uniform standards as to materials, size, coloring, and scale
SOURCES: Laws, 1978, ch. 431, 12. cef from and iafter July i, 197. as prescribed by the board, and shall show: (a) the source from
Cross references- which the proposed appropriation is to be taken; (b) all proposed
A ao regulation or groundwiter. see Chapterr 4 of this title. dams, dikes, reservoirs, canals, pipe lines, power houses, and other
structures for the purpose of storing, conveying, or using water
� 51-3-27. Water district,, for the purpose approved and their positions or courses in con-
The board shall divide the state into water districts with refer- nection with the boundary lines and corners of the lands which
ence to water resources; however, no district shall be created until they occupy. Land listed for irrigation shall be shown in acres.
a necessity therefor exists.
Default in the refiring of any application within the time limit
nSOURCES: Codes , 1942, 95956-14; L. . s, 19K6 ci. 167, 114, e fo tadspecified shall constitute a forfeiture of priority date and the
Sfter passage (approved Apr 151; 12 6,196) 594 1 edismissal of the application. All maps, plats, plans, drawings, and
applications submitted shall become the property of the board.
Crow rtremnas-
As to apportionment of taxes collected in counties lying in two or more SOURCES: Codes, 19412, . 5956-17; Laws, 1956 ch. 167, 57l, ef tfroa and
ditcs. see I 511-7-71. after pasage (approved April 6, 1956).

� 51-3-29. Unappropriated waters. � 51-3-5. Approval of application.
The following are hereby declared to constitute unappropriated (1) Upon approval of the application the board shall notify the
waters: (a) All water which has never been appropriated. (b) All applicant to that effect and issue a permit authorizing him to
water heretofore appropriated which has not been in process, proceed with the construction of the proposed diversion works
from the date of the initial act of appropriation, of being put. with and to take all steps required to apply the water to the approved
due diligence in proportion to the magnitude of the work neces- and proposed beneficial use, and otherwise perfect his proposed
sary properly to utilize it for the purpose of appropriation, or appropriation. An application may be approved for a less amount
which has ceased to be put to that useful or beneficial purpose for of water than that requested if. in the opinion of the board. the
which appropriated. (c) All water appropriated pursuant to author- approval of the full amount requested would interfere with a
ity of the boara ivhich has ceased to be put to the useful or vested right or is against public interest. An applicant shall be
beneficial purpose for which it was appropriated. (d) Water which entitled to proceed with construction of diversion works and with
having been appropriated or used seeps or Rows back into a the diversion and use of water in accordance with the approval
watercourse. and such limitations as may be prescribed by the board. No
SOURCES: Codes, 1941, 5956-15; Laws 1906, dl 167, I IS ef Fo and application shall be approved until the substance thereof shall
after pssge (approved April 6, 1956 have been published by the applicant in a newspaper having
general circulation in the county wherein the point of diversion
exists, at least ten days before approval of such application, and a
public hearing accorded any person whose rights may be adversely
affected by such approval. At such hearing all persons concerned
will be accorded the right of counsel and the right to introduce
evidence in their behalf.
(2) If the application is refused the board shahll so notify the
applicant. and it shall be unlawful for such applicant to take any
steps toward the construction of the proposed diversion works or
to divert or use any such water, so long as the refusal shall
continue in force. Any person who proceeds to construct and
APP-25

maintain diversion works. without the approval of the board being � 51-3-40. Private dams across waters without a continuous
first obtained, may be enjoined in any court of competent jurisdic. flow.
tion. The board shall limit the time for the perfecting of an The provisions of this chapter shall not apply to a dam con-
appropriation to a reasonable period within which the proposed structed on private property by the owner for farm, agricultural,
works can be completed by due diligence, taking into considers. or his private-recreational use provided such dam shall not be
tion the size, complexity, and cost of the work and seasonal built across a stream or watercourse which has a continuous flow.
conditions, and may for good cause shown by the applicant aUow OURdES: LAws, 1976, ch. 437, 9S. at from and alter July 1o 197.
an extension of time.
SOURCES: Codes, 1942, 1 5956-18,; Laws, 135, ch. 167, I 1, * lf 51-E41. Compacts and agreements.
after pause (appmoved April 6, 1).�Cd
AttorCne psne(appr Openpilons The board shall have authority to enter into compacts and
Attomney c~enral's OFialoh.-.
Public notice of "substance" of application must include Inrmtion so t (i) agreements concerning this states share of waters flowing in
imterests to whom such notice is directed can identify themselves. (2) the noticee watercourses where a portion of such waters are contained within
an identify his interest, (3) the initiator is identified. and (4) provisions for the territorial limits of a neighboring state.
objections erie setout Opt. Any. Gert 1965-1967, p MI.
objections~re set~OULOps.A~ty.Gen. 196967,p. SOURCES: Codes, 19412, 15956-121; Laws, 1956, h. 167, 121, ef roem and
after passulage (approved Apr 6, 19S6).
� 51-3-37. Issuance of license.
Within sixty days after the completion of the construction of the � 51-3-43. Surveys.
works and the actual application of water to the proposed benefi- Any member of the board or any person authorized by it shall
cial use within the time allowed, the permittee shall so notify the have the right to enter upon private, county, or state lands for the
board. The board shall then examine and inspect the appropria. purpose of making surveys and examinations necessary in the
tion diversion works and, if it is determined that such works have gathering of facts concerning streams and natural watersheds,
been completed and the appropriation right perfected in conform- subject to responsibility for any damage done to property entered.
ity with the approved application and plans, the board shall issue a SOU RCES: Codes, 1942, 1956-2291; Laws, 1956. dc 167, 2 eff from and
license in duplicate. The original of such license shall be sent to aft pssage (approved April 6, 1956).
the licensee and shall be recorded in the office of the clerk of the
chancery court in the county wherein the point of diversion is 51 5. Changes in approved diversion.
located as other instruments affecting real estate, and the duplicate
shall be made a matter of record in the office of the board. The (1) The board may consider, approve, modify at the request of
fee for filing the license in the office of the clerk of the chancery the applicant, or reject applications for permanent or temporay
court shall be one dollar ($1.00), to be paid by the applicant changes in the place of diversion or use of water from those
soUrCes Codes, 1942, i 9 Laws, 195 d, 16719. e o taw originally appropriated or approved, subject to the rules and
aSter pa odsa (approv192d Apd 9 ;l w IRK 25) 1 7 19lfrmregulations of the board 'and following the procedure herein
established for original application for appropriation.
� 51-.3-39. Construcion, modification, and inspection of' (2) Any person who changes or attempts to change the point or
dams and reservoirs, place of diversion or use of water, either permanently or tempo.
(1) Any person proposing construct enlrarge, repair or alter nily, without first applying to the board in the manner pre-
(l} Any person proposing to construct,'eniarge. repair or alter a oite.saloti orgtteeyadsalb ulyo
scribed, shall obtain no right thereby and shall be guilty of a
dam or reservoir on any watercourse in this state except a s Misdemeanor and punished therefor, in the discretion of the
provided elsewhere in this chapter, before proceeding with the or n pnsed afoo twh ureo o h
construction thereof, must obtain written authorization from the court, not to unceed a fine of two hundred dollar (200.00). oeac
board. Applications shall be made on forms provided by the day ofuch unlawful change sha constitute a separate offnse,
board, and detailed plans shall be required when deemed nece separately punishable.
sary by the board in order to determine whether the proposed (3) Each application for a temporary or permanent change shall
construction will provide adequate safety for downstream lives and be accompanied by a fee of one dollar ($1.00). All fees received by
property, and will not adversely affect downstream water rights or th e board as herein prescribed shall be deposited in the general
O property, fund ofl nthadersl afetdwstrawate. ihso
plans for the proper utilization of the water resources of the state.
Provided, further, that: - SOURCES Codes, 1942, J5956-23; La-,. los ,it. I, I o ef ss ad
(a) Any person who seeks to build and maintain a dam on a after passage (sppr.ed April 6, 156).
- stream within the territorial limits of any watercourse lying in
whole or in part within a levee district duly constituted under the 51-347. Water rights adjudicated by court
laws of this state shall first obtain permission from the levee board
of such levee district. Whenever the rights for the use of waters within the state shall
of such levee district.
have been adjudicated by any court. the board shall aid in the
(b) Any pu er son intending to acquir e an appropriative right to distribution of water in accordance with the terms of the decree:
store or use water from a reservoir formed by the proposed dam, and it shall be the duty of the clerk of any court in which such
may do so only by making an application for a permit as provided deha be ied wth e d at c dc sh
elsewhere in this chapter. decree has been issued. within ten days after such decree sUall
have been entered, to forward to the board of water commission-
(2) The board may request other agencies, or contract with era, by registered mail. a certified copy of the decree.
consultants. to recommend land treatment or facilities necessary to SOURCES: Cod", 1941, I59s6-24; LAs, 1956, c. 167, 24, eN fri d
prevent pollution of the waters of this state, or to protect the ffer passage (approved April 6, 1956).
safety and general welfare oT the people, and in the board's
discretion. may require that these recommendations be followed
before authorization to construct or modify the dam is issued. or � 51-349. Appeal from cts of board.
order the removal of the dam after it has been constructed or (1) Any order, decision, or other official act of the board in
modified when such recommendations arc not followed. administering the provisions of this chapter may be appealed by
any person aggrieved thereby to the circuit court of the county
(3) The board shall be authorized to make inspections of dams wherein the point of diversion exists by serving the chairman or
for the purpose of determining their safety, and shall require someone of discretion at the office of the board. within sixty days
owners to perform as their expense such work as may be necessary after receipt of written notice of the order, decision, or official act.
for maintenance and operation which will safeeuard life and notice of appeal sing the grounds upon which the appeal is
Ipropny. Povidd. boevera dammay e exept fom inpcc-notice of appeal stating the grounds upon which the appeal ia
I p roperty. Provided, however, a dam may be cexempt from inpec- founded. The appeal may be based on legal or factual grounds, or
tions when the board determines that the location. size or condi-
tion is such that lives and property will not be endangered. In both. After proper hearing, at which testimony may be offered for
carrying out the provisions of this section. the board is authorized any aggrieved person, the court may sustain, reverse, or modify
to expend available state funds. to receive funds from federal the order of the board, which may be appealed to the supreme
agencies, to contract with consultants and/or other agencies. and court the same as other orders of the circuit court. The attorney
to issue orders to owners of dams found to be unsafe requiring general, or his representative, shall represent the board on all
them to tlake 'he prescribed remedial action to safeguard down- appeal matters. The board shall, within thirty days after service of
Stream lives and property. the notice of appeal. make a return to the circuit court, giving
() When the board finds a dam constructed or modifid in copies of all documents and orders and a transcript of the testi-
�(4) When the board finds a darn constructed or modified in nytk.
violation of this chapter or that the owner of a dam has allowed mony taken.
the structure to deteriorate and remain in an unsafe condition (2) Within fifteen days after the service of the notice of appeal.
after having been ordered to make the necessary repairs. then he the board may serve upon the appellant an offer in writing to
board may cause the structure to be removed arid/or revoke or correct the order from which appealed in any of the particulars
modifyany other authoriion pertaining thereto. mentioned in the notice of appeal. The appellant may thereupon.
modify anythe r a thor iza tion pert aining ther e and within fifteen days thereafter, file with the board a written
(5) The provisions of this section shall not be construed as acceptance of such offer, and in such cases the board shah
creating any liability for damages against the state and/or against thereupon make a minute of such acceptance in its permanent files
its officers, agents and employees. and correct the order accordingly, and the same. so corrected.
SOURCES.: Laws. 978, ce,. 437, 3. eff from anrd after July t. 1978. shall stand as the order of the board and shall be filed in the office
Crossmu~~~~~~~~ refer~~~~rmrevoof the clerk of the circuit court.
As to pesluel foear violsn of thi sectioen. see I 51-3-53. SOURCES, Cod". Pi94. i 5956-la1l r.% IH4 di. 17., of f el dro.
ltlacvcftrela al �~~~nd Pract�ice Rrme &nlr passagle (approved April S, ItO).
Research and Practiee Refeoses
73 A.Jur Id, Wsers 11 200 et wq.
ALR Annaouatios--
Applicability of rule of stric or absolute liability to overflo i escape of -t. APP-26

� 514--51. Power of board at hearing � 51-43. Definitions.
At any hearing or other proceeding authorized by-this chapte, For purpose of this chapter, the following words and phrases
the board shall have power to administer oaths; to take testimony: shall have the meaning ascribed herein unless the context other
to issue subpoenas and compel the attendance of witnesses, which wise requires:
shall be served in the same manner as subpoenas issued by the (a) "Area of the state" shall mean any. geographical area of the
courts of the state; and to order the taking of depositions in the .state as may be designated by the board
(b) "Board" shall mean the Mississippi Board orWater Commis.
same manner as depositions are taken in the courts.
IOUlRCtM Codes, 1942, 15956.26! Law, 195, eh. 157 15 16, ff frtom and
aUer paede, 94a.p 5oi I , Aprl oe '19 (c) "Domestic uses" shall mean and include the use of water for
ordinary household purposes. the watering of farm livestock,
poultry and domestic animals, and the irrigation of home gardens
'� 51-5-53; Repealed by Laws, 1978. ch. 484, � 37, eff from and lawns; provided, however, such use does not exceed fifty
and afterJu!y 1 1979. thousand (50,000) gallons per day.
(d) "Person" shall mean every natural person, firm, partnership.
531-5-"55. Penalties. association, cooperative, public'and private corporation. irrigation.
a (1) When the state board of water commission.l finds that any or other improvement district, and any state or federal agency.
provision of section 51-3-, Mississippi Code of 1972, has been (e) "Groundwater" shall mean that water occurring beneath the
violated and that disciplinary action by the board is insufficient or surface of the ground.
hnavailable. then it shall be the duty of the said board to proceeda geologic formation, group of such
with enforcement of this chapter by proper proceedings through formations, or part of such a formation that is water bearing.'
any court of competent jursdiction available therefor.
()any court ofscompen iltent pejurisdiction available therefor. (g) "Well" shall mean an excavation that is cored, bored,
2) Any person who violates any provision of section 51-h-al l drilled,'jetted, dug or otherwise constructed 'for the purpose of
Mississippi Code of 1972, shall, upon conviction, be guilty of a locating, testing; or withdrawing groundwater or for. evaluating,
misdemeanor, and fined not less than one hundred dollars testing, developing, draining or recharging any groundwater reser.
($100.00) within the discretion of the court. Each day in which, voirs or aquifer, or that may control, divert, or otherwise cause the
such violation exists or continues shall constitute a separate of movement of water from or into any aquifer.
fense. SOURCES: Laws, 1976, eh. '474. 2, eff from and after July 1, 1976.
(3) In addition to the penalties prescribed herein, any person
who violates any order of the board requiring described remedial � 51 5 Declartion and delineation of cpacity use area.
action as set out elsewhere in this chapter, which shall specify I
time requirement for compliance with such order, shall be subjeclare and delineate from tme to time and
to a penalty not to exceed one hundred dollars ($100.00) for each may modify, capacity use areas of the state where it finds that the
use of groundwater requires coordination and limited regulation
day such noncompliance continues. for protection of the interest and rights of residents or property
SOURCES: 1ava, 1978, c. 437.14, eft fransd a,,ltar July 1, It9L owners of such areas or of the public interest.
(2) Within the meaning of this chapter "a capacity use area" is
Groundwaters one where the board finds that the aggregate uses of groundwater
in or affecting such area (a) have developed or threatened to
51--1. Legislative declarations; exempted activities. develop to a degree which -requires coordination and regulation,
or (b) exceed or threaten to exceed or otherwise threaten or
(1) It is hereby declared that the general welfare and public or (b) exceed or threatento excee or oth taten or
(1) It is hereby declared that the general welfare and public impair, the renewal or replenishment of such waters or any part of
interest of the state require that the water resources of the state be them.
put to beneficial use to the fullest extent to which they are
capable, subject to reasonable regulation in order to conserve (5) The board may declare and delineate capacity use areas in
these resources and to provide and maintain conditions which are accordance with the following procedures:
conducive to the development and use of water resources. (a) Whenever the board believes that a capacity use situation
Groundwaters are hereby declared to be among the basic re- exists or may be emerging in any area of the state, it may direct its
sources of this state and the control of development and use of water engineer to conduct an investigation and report' to the
water for all beneficial purposes shall be in the state, which in the board thereon.
exercise of its police powers shall take such measures as shall (b) In conducting the investigation the water engineer shall
effectuate full utilization and protection of the groundwaters of notify. by certified mail, all water users in excess of fifty thousand
Mississippi. (50,000) gallons per day and allow either written or oral consults-
(2) Groundwater occurring beneath the surface of the state shall tion; may retain consultants; and shall consider all factors relevant
be subject to the provisions of this chapter. provided, however, to the conservation and use of water in the area. The report shall
the provisions of this chapter shall not apply to activities associ- .include the findings and recommendations as to the water use
ated with-exploration and production of oil or gas when such problems of the area involving groundwater, whether effective
activities are conducted under a current and valid permit granted 'measures can be employed limited to groundwater, and whether
by a duly constituted agency of the State of Mississippi, or to wells timely action by any agency or person may preclude the need for
constructed by an individual and intended for domestic use, or to additional regulation at that time. The report shall also include
wells being used or drilled for agricultural purposes; provided that such other findings and recommendations as may be deemed
the exemption of the foregoing from the provisions of this chapter appropriate.
shall not continue in the event of an affirmative finding that the ' (c) If the board finds, following its review of the report that a
public health, welfare and safety will be endangered. capacity use area should be declared, it may adopt an order
SOURCES: Laws. 19176. ci 474' Ig.! Lf tef am and aierr July 19,6. ~declaring the capacity use area. Prior to adopting such an order
cros rrefrearres. the board shall. give notice of its proposed action and shall
As to licensing and regulalion or, aelr v well drlle. w 11 51-5-1 eill. conduct at least one (I) public hearing with respect to such
As to development. producnion and distribuion of gas and oil. e Chapr 3te
orTitle 53. nroposed action.
(d) Such notice shall be given not less than thirty (30) days
before the date of such hearing and shall either include details of
such proposed action. or where details are too lengthy for publia-
tion,. the notice shall state the information is available to all
.sterested persons in the office or the board.
(e) Any such notice shall be published at least once in a
newspaper published in and having general circulation in each
county wherein the water area is affected.
(f) Any person who desires to be heard at any public hearing
shall give notice thereof in writing to the board on or before the
date set for the hearing. The board is authorized to set reasonable
rules and regulations concerning such public hearings.

APP-27

(g) Following the public hearing(s), written comments will be (b) Grant any temporary permit for such a period of time as the
received by the board for the period of fifteen (15) days. and these board shall specify where conditions make such temporary permit
will be considered the same as information received at the hearing. essential, even though the action allowed by such permit may not
Following this.period of fifteen (15) days, the board shall adopt its be consistent with the board's regulations applicable to such
final action with respect thereto and shall enter such final action in capacity use area;
the ofilcial minutes of the board. The board is empowered to (c) Modify or revoke any permit upon not less than sixty (60)
modify or revoke from time to time any final action previously days written notice to the permittee affected; and
taken by it pursuant to the provisions of this section, any such
modification, or revocatoin, however, to be subject to the proce- (d) To deny such permit if the proposed use is found to be
dusal requirements of this chapter. If the board- finds and orders contrary to public interest. Any water user wishing to contest the
proposed action shall be entitled to a hearing before the board
that a capcity use area shall be declared, its order shall include a proposed action shall be entitled to a hearing before the bosrd
delineation of the boundary of the area, and the board shall upon request therefor.
instruct 'itsiu water engineer to prepare proposed regulations con- " (4) All notices required to be given by any party to a proceeding
sistent with the pirovisions of section 51-4-7. shall be given by requirements of subsection (3)(e) of section 51-
SOURCES: Laws, 1976. ch. 474, IS, ef from and after July 1.1976. 4-5, The board may prescribe the form and content of any
particular notice.
0'.references--
Al to general powers and duties or board or water coimmissoner*se I 51-3- I.. (5) The following provisions shall be applicable in connection
.5. ,~ �with hearings pursuant to this section:
(a) Any hearing held pursuant to this section or section 51.4-5
� 51-4-7. Adoption of regulationa affecting capacity. use whether called at the instance of the board or of any person, shall
areas. be held upon not less than thirty (30) days notice given by the
(I) Following the declaration 'of a capacity use area by the applicant, unless a shorter notice is agreed upon by all such
board, it shall prepare proposed regulations specific for said area,. parties:
containing uch of the following provisions as the board finds. (b} All hearings under this section shall be before the board,
cappr ~ining concering Beqgulaion ofgrobefore one (1) or more of its own members. or before one (I) or
appropriate concerning the 4.cgulation of groundwaters;
) Provisions requiring wate users within the area toubmi more of its own qualified employees, and shall be open to the
(a) Provisions requiring water users within the area to 'publicAnyk e b r o mly~o h or owo eea
reports not more frequently than at intervals of thirty (30) days public. Any member or employe of the board to whom a drlepa
concerning quantity of water used or withdrawn, sources of watering shall repo he
and the nature of the use thereof';* , 'Ihearing with its evidence and record to the board for decision;.
(b) lPrcvislons concerning the timing or withdrawals, provisions (c) A full and complete record of all proceedings at any hearing
to protect against or abate saltwater encroachment; provisions to under this'chapter shall be taken by the board, or by any other
proltect against or abate unreasonable adverse effects on other method approved by the board. Any party to a proceeding shall be
water users within the area, including but not limited to adverse entitled to a,copy of such record upon payment of reasonable cast
effects on public use; thef
c(c) Provisions concerning well depth' and spacing controls and (d) At any hearing or other proceeding authorized by 'this
provs -ons establishing a range of prescribedpumping levels (le' chapter, the board and its duly authorized agents, shall follow the
vations below which water may not be pumped) or maximum procedure followed by the courts of this state. The board or its
pumping rates, or both, in wells or for the aquifer or for any part duly authorized agents shall have power to administer oaths; to
thereof based on actual proof of the capacities and characteristics take testimony to issue subpoenas and compel the attendance of
of the aquifer; and witnesses, which subpoenas shall be served in the same manner as
(d) Such other provisions not inconsistent with this chapter as subpoenas issued by the courts of this tate; and to order the
the board finds necessary to implement the purposes of. this taking of depositions in the same manner as depositions are taken
~~~~~~~~~~~~~~~chapter. ~in the courts;
(el The burden of proof at any hearing under this chapter shall
(2) The board shall conduct at least one (I) hearing upon the be upon the person at whose instance the hearing is being held;
proposed regulations, upon notice, as required in subsection 3) (f) All orders and decisions of the board shall set forth aepa
paragraphs (d), (e), and () of section 51-4-5. Following the public rately the board's findings of fact and conclusions of law on which
hearing(s), written comments will be received by the board for a any action or decision by the board is based.
period of fifteen (15) days and these will be considered the same (6) Any order, decision, or other oci act of the bor in
as information received at the hearing. Following this period of administering the provisions of this chapter may be appealed by
fifteen (15) days, the board shall adopt its final action with respectrson aggrieved thereby to the circuit court of the county
thereto, ~~~~~~~~~~~~~~~and),l ne uhfnlato i h fiilMntsO n person aggrieved thereby to the circuit court of the county
thereto, and shall enter such final action in the official minutes ot
the lboard. The board is empowertid to modify or revoke from wherein the point of withdrawal exists by serving the chairman or
other proper personnel at the office of the board, within sixty (60)
time to time any final action previously taken by it pursuant to the days after receipt of written notice of the order, deision or
provisions of this section. any such modifications or revocatsons. oficial acts, notice of appeal stating the grounds upon which e
h~~~~~~~~~~~~~~~~~~~~oweet esbett h rcdrlrqieet rtifficial acts, notice of appeal stating the grounds upon which the
however, to be subject to the procedural requirement, of hi appeal is founded. The appeal may be based on legal or factual
S Rchapter. SLas196 l47,J4Orfo d ft ,16grounds, or both. After proper hearing. at which testimony may be
S ~OURCES: L, 1(, u 47 4, elf~rrm and artesJuly 5 6 offered for any aggrieved person, the court may sustain. reverse,
RIesearch and psactice Reference.'- or modify the order of the board, which may be appealed to the
Grund water rights. 24 Am Jut Pi & Pr Forms (Rev ed), Water%, Forms IItI et
Ground water rights, 24 AmJur P t & rForms (Rev cdl. Wair. Form Ill e supreme court the same as other orders of the circuit court. The
ileq.
qALR Annotation, attorney general, or his representative. shall represent the board
Liability for obstrucitrio or diversion of subterranean waters in use of land. 29anllpelmter.Tebrdslwihnhry 0)asafr
orR tnnoutioe ~on all appeal matters. The board shall, within thirty (50) days after
AlUd 1354 . service of the notice of appeal, make a return to the circuit court,
Liability for pollution of subterranean aters. 38 ALREd 1265. giving copies of all documents and orders and a transcript of the
testimony taken.
� 51-,4-9. Granting of permits for use of groundwaters in (7) Within fifteen (15) days after the service of notice of appeal,
capacity use areas; appeals, the board may serve upon the appellant an offer in writing to
(I) In areas declared by the board to be capacity use areas. rnrrect the order from which appealed in any of the particulars
except as hereinbefore provided in section 51-4-1, paragraph (2). mentioned in the n6tice of appeal. The appellant may thereupon.
no person after the expiration of such period of time as specified and within fifteen (15) days thereafter. file with the board a written
in regulations pursuant to section 51-4-7 shall withdraw. obtain or acceptance of such offer; and in such cases the board shall
utilize ,groundwaters in excess -of fifty thousand (50.000) gallons thereupon make a record of such acceptance in its permanent files
per day for any purpose unless such person shall have first and correct the order accordingly, and the same. so corrected.
obtained a permit therefor from the board. Applicants for such shall stand as the order of the board and shall be filed in the office
permits shall set forth such facts as the board shall deem necessary of the clerk of the circuit court.
to enable 'it to establish and maintain adequate records of all (8) In adopting any regulations pursuant to the provisions of
groundwater uses within the capacity use area. section 51-4-7 and in considering permit applications. revoea-
(2) In all cases the applicant shall' notify by following the tions, or modifications under this section. the board may consider.
requirements of subsection (3)(e) of section 51-4-5. stating the (a) The number of persons using an aquifer and the object.
nature of the proposed use. which permit shall be issued by the extent and necessity of their respective withdrawals or uses;
board within fifteen (15) days from date of notice. if by that date (b) The nature and size of the aquifer;
no request has been received by the board for a pullic hearing. (c) The physical and chemical nature of any impairment of the
(3) The board shall have the power to: aquifer adversely affecting its. availability or fitness for other water
(a) Grant such permit with conditions as the board deems uses, including public use;
necessary to implement the regulations adopted pursuant to sec- (d) The probable severity and duration of such impairment
lion 51-4-7; under foreseeable conditions;
(e) The injury to public health..safely or welfare which would
result if such impairment were not prevented or abated:
(f) The kinds of businesses or activities to which the various uses
are related;
APP-28

(g) The importance and necessity of the uses claimed by permit �51-4-13. enalties.
applicants under this section, or of the water uses of the area and Any peron violating any provision of this chapter shall be
the extent of any injury or detriment caused or expected to be deemed guilty of a misdemeanor and, upon conviction, shall be
caused to other water uses including public use; fined not less than one hundred dollars ($100.00) nor more than
(h) Diversion from or reduction of flows in other watercourses one thousand dollars ($1,000.00) for each violation. Each day
or aquifersnand during which such violation exists or continues shall constitute a
� (i) Any other relevant factors. separate offense.
SOURCS Laws, 1976, oh, 474, J I5 em from and afterJuly i:1976. SOURCES: Laws. 1976, c. 474, J 7, ef from and after July 1 1976.
Ree arc and Practice References--
Ground water rights, 24 AmJur Pi & Pr Forms; Rev ed). Waters. Forms il et �51 4-5. Definition of boundaries of capacity use areas;
1eq. admissibility into evidence of copies of maps and descrip.
ALL Auotatolns. tions.
liability for obstruction or diversion of subterranean wters in use of land. 9 The board in designating the boundaries of any capacity use
ALd ubrmne4. A d area may define such boundaries by showing them on a map or
drawing, by a written description, or by any combination thereof,
to be designated appropriately and filed permanently by the
51-4-11. Duration and transfer of permits; statements of board. Alterations in these lines shall be indicated by appropriate
permittees as to water use. entries upon or additions to such map or description. Photo-
(1) No permit under section 51-4-9 shall be issued for a longer graphic. typed or other copies of such map or description. ceni-
period than the longest of the following: (a) ten (10) years, or (b) led by the water engineer, shall be admitted in evidence in all
the duration 'of the existence of a capacity use area, or (c) the courts and shall have the same force and effect as would the
period found by the board to be necessary for reasonable amori-, original maps or description. If the boundaries are changed pursnu
zation of the applicant's water withdrawal and water-using facili. ant to other provisions of this chapter a redrawn map shall
ties. Permits may be renewed following their expiration upon supersede for all purposes the earlier map or all maps which it is
compliance with the provisions of section 51-4-9. designated to replace.
(2) Permits shall not be transferred except with the approval of SOURCES: Laws 1976, c 474. I 6. ef from and after July 1, 976.
the board.
(3) Every person in a capacity use area who is required by this � 51--17. Investigations; comprehensive plans; entry onto
chapter to secure a permit shall file with the board in the manner public or private property.
prescribed by the board a certified statement of quantities of water The board shall conduct such investigations as may reasonably
used and withdrawn, sources. of the water, and the nature of the be necessary to carry out its duties prescribed in this chapter and
use thereof not more frequently than thirty (30) day intervals. shall formulate comprehensive plans for the development, conser.
Such statements shall be filed on forms furnished by the board vation, and utilization of the water resources of the state: however,
within ninety (90) days after the adoption of an order by the bord the board shall cooperate with other agenes in accumulating
declaring b capacithe boarea. Ward shall cooperate with other agencies in accumulating
declaring a capacity use area. Water users in a capacity use area such data and formulating such plans. The 'board shall have the
not required to secure a peh'mit shall comply with procedures right to enter at reasonable times upon any property, public or
established by the boarsd to protect and manage the groundwater private for the purpose of investigating water sources, and obtain.
resources of the area. mng information required by provisions of this chapter, No person
(4) Ir any person who is required to secure a permit under this shall refuse entry or access to any authorized representative of the
chapter is unable to furnish accurate information concerning board who requests entry for the purposes of a lawful inspection,
amounts of water being withdrawn or used, or if-there is evidence and who presents appropriate credentials, nor shall any person
that his certified statement is false or inaccurate or that he is obstruct hamper, or interfere with any such representative while
withdrawing or using a larger quantity of water or under different in the process of carrying out his official duties consistent with the
conditions than authorized by the board, then the board is autho- provisions of this chapter.
rized to revoke the permit authorizing the withdrawal. In deter- SOURCES: Laws. 1976, ch. 474, t 9, ef from and after July L, 1976.
mining the amount of water being withdrawn or used by a permit
holder or applicant the board may use any accepted method or � 51 19 Rules and regulations.
standard. The board may adopt and modify from time to time rules and
(5) In any case where a permit applicant can prove that the regulati ons to implement themodify fro tim time rule and
applicant was withdrawing or using water prior to the date of reuation to implement the provisions of this chapter.
declaration of a capacity use area, the board shall grant a permit
for the average annual water usage of said applicant during the
preceding five (5) years; provided, however, that the granting of
such permit shall not have unreasonably adverse effects upon
other current water uses in the area, including public use.
(6) The board shall also take into'consideration in the granting
of any permit the prior investments of any person in lands, and
plans for the usage of water in connection with such lands.
(7) Pending the issuance or denial of a permit pursuant to
subsection (5) or (6) of this section, the applicant may continue
the same withdrawal or use which existed prior to the date of
declaration of the capacity use area. In the event of a permit
denial followed by an appeal, the applicant may continue the same
withdrawal or use which existed prior to the denial of the permit
until final court actions have been completed; provided, however,
thAt said continuance may not continue in the event of an affirma-
tive finding that the public health, welfare and safety will be
endangered. -
(8) Users of groundwater in excess of fifty thousand (50,000)
gallons per day whether within a capacity use area or not shall
submit information to the board as specified in rules and regula-
tions 'adopted by the board; provided, that no person shall be
required to disclose any secret formula, processes or method used
in any manufacturing operation or any confidential information
concerning business activities carried on by him or under his
supervision.
SOURCES: Laws, 1976, c. 474. 16, at fr and after July 1, 1976.

APP-29

* APPENDIX F
MISSISSIPPI DEPARTMENT OF ARCHIVES AND HISTORY
Enabling Legislation
ANTIQUITIES LAW OF MISSISSIPPI

APP-30

� 39-5-1. Department of archives and history-objects and � 39-5-6. Governor's mansion.
purposes.
There shall be for the State of Mississippi a department of The duties and powers or the board of trustees of the depart.
archives and history located in the state capitol in apartments t ment of archives and history shall include, in addition to other
aside for its use by the governor. The objects and purposes of the duties and powers granted or prescribed by law, the following
department are the care and custody of official archives, the (a) To promulgate rules and regulations governing the acquisi.
collecting of materials bearing upon the history of the state and of lion or furniture and furnishings, including but not limited to
the territory included therein, from the earliest times, the editing carpets, rugs, paintings, draperies and objects of art, for the
of official records and other historical material, the diffusion of original or historic area of the governor's mansion:.
knowledge in reference to the history and resources of this state, (b) To promote the donation or loaning of money or property,
the prepanuon and public!aon Of annual reports, the encourage- real or personal, from any agency Of thi United States. state Pr

oUhr cEs and requirements Hrmybe enjoined by Iw s71 4; ogroup, for the purpose of furnishing or decorating the original or
SOURCES: Coda, 1906, 1633; Hemingasy's 1957, 3447; 1930, 33626. hi storic area of the governor's mansion -
(c) To accept such donations of money or property. real or
personal, from any agency of the United States, state or local
* 39-5-3. Board of trustees to control department. government, any person. firm. corporation, association or group.
The department of archives and history shall be under he for the purpose of furnishing or decorating the original or historic
control of a board of nine trustees. The board shall have the are of the governor's mansion, provided that the board of
power and authority to fill all vaancies occurring therein, whether trustees shall not be required to accept any donation of furniture
by expiration of term of service or by death or resignation, but the or furnishings without its consent;
names of all newly elected members shall be communicated to the (d) To maintain a descriptive inventory of all furniture and
next ensuing session of the state senate for confirmation, and in furnishings in the governor's mansion
case it shall reject any of the said newly elected trustees it shall (e) To sell, donate or otherwise dispose of surplus property of
proceed forthwith to fill the vacancy or vacancies by an election, the governor's mansion which is not in use; and
All trustees chosen to succeed the present members or their
successors shall serve for a term of six years. The board of () To review and approve any major changes in the architec-
trustees shall hold at the state capitol at least one regular meeting Iure furnishings, or decoration of the governor's mansion.
during the year, and as many special meetings as may be neces- SOURCEt Lws, 1974, eb. 337; 1979 c. 43 4114, ff from and dir
sary, and at said meetings five members shall constitute a quorum. ebruay 1, 1980.
The director of the department of archives and history, hereinafter
provided shall be secretary of the board. The trustees shall 39-5-7. Director of department-term of office-dute.
receive no compensation for their services other than the amount and powers.
of their necessary expenses actually paid out while in attendance The department of archives and history shall be under the
on the meetings of the board or the business of the department. immediate management and control of a director, to be elected by
The board is empowered to adopt rules for its own government the board of trustees, whose term of office shall be six years, and
and for the government of the department, to elect and fix the until his successor is elected and qualified. He shall take an oath
compensation of a director not to exceed the maximum set by the of office as do other state officials, and shall be commissioned in
legislature, and other officials or employees, and to do and per- like manner. He shall have authority to adopt a seal for use in
form such other acts and things as may be necessary to carry out official business. He shall devote his time to the wort of the
the true intent and purposes of this chapter. department, using his best endeavor to develop and build it up, so
SOURCES: Coda, 1906, 1634; Hminwys 1917, 3 448; 1950, 3627; as to ca rry out the design of its creation. He shall have the control
r942, 618I; LA.s 1960, ch. 237; 1966, ch. 445, 16, tff from and aert and direction of the work and operations of the department, and
July 1. 1966 shall preserve its collection, care for the official archives that mayr
come into his custody, collect. as Ear as possible. all materials
� 39-5-5. Additional powers and duties of department bearing upon the history of the state and the territory inlduded
The duties and powers of the board of trustees of the depart therein from the earliest times, prepare the official registers he.
ment of archives and history shall include, in addition to other inafler provided, and diffuse knowledge in reference to the history
duties and powers granted or prescribed by law the following: and resources of the state. The director of the department sharl
(a) To determine the location of places of historical interest make a report of the expenses of the department to the legislature
within the state; of the state as state officers.
(b) To make a survey of buildings of all types throughout the SOURS: Codes, 1906, 11635; Heminayl 1917, t t449 19c3 nSt
state which are in danger of destrctilion without proper care and 1942, 6182.
which in the opinion of the board of' nislcas should be preserved
for historical purposes;
(c) To contact the proper authorities of the Ulniled States � 39-5-9. Repealed by Laws. 1978. ch. 520, 16, ef from and
national cemeteries and military parks to determinc whether or afterJuly i. 1978.
not the record of Mississippi troops is adequately commemorated;
(d) To acquire, preserve. restore or operate any real or personal
property deemed significant for historical. architectural. archeolog- � 39-5-11. State and county offidcials empowered to turn
ical or cultural reasons, to expend fuinds for such purposes. so over all records to director not in current use.
enter into contracts or agreements with any agency of the United Any state, county. municipal or other official is hereby autho
,neates of any erciso rfr. cndhiposatinc or association t o other
States or any person. firm, corporation or association for such rized and empowered, in his discretion, to turn over to the
purposes and to do any ant all tilings which may be necessary or department for permanent preservation therein, any officil books,
desirable to carry out such purposes: records, documents, original papers, newspaper files and printed
()eI To participate with ally agency of the United States, any books not in current use in their offices. When so surrendered
other governmental agency ir ally person. finn, corporation copies therefrom shall be made and certified by the director upon
association or group i n utual ir cooperative programs or proj. the application of any person interested, which certifiation shall
cts within the duties and powers of the board or trustees; and have all the force and effect as if made by the officer originally in
(f) To accept grants or dunaionis of molly or property, real or the custody of them and for which the same fees shall be charged,
personal. from any agency of the United States, any other govern- to be collected in advance.
mental agency or any person. linnr. corporation, association or SOUtCES Codea 1904 1636 HFegwsy 917 33450; 13n, 31629,
group. Howevor. the board of trustees shall lot be required. 29423 6153.
except by specific act of the legislature to accept any property
without its consent.
SOURCES LA-s 1979. ch.. I43, 19, RI es fa Ud stery Laws. . h 1 ,19e0

APP-31

� 9-5-13.s County boards of supersors empowered to tufn doned ships and wrecks of the sea or any part or the contents
over historical portraits and msake appropriations for oil thereof, maps, records,' documents, books, artifacts, and imple-
portraits of distinguished men. menuts of culture in any way related to the inhabitants, prehistory,
The county boards of supervisors are hereby authorized and history, natural history, government, or culture in, on or under
empowered to turn over to the department historical portraits any of the lands, tidelands, submerged lands, and bed of the sea
which may be the property of the counties, and to make appropri. within the jurisdiction of the State of Mississippi.
ations, on application of the director, for the purpose of placing SOURCES: Codes, 1942, 6192-102; La,, r970, ch. 267, 12, e' from ad
oil portraits of distinguished citizens of Mississippi in the state'a aiter passage (apprved March 2, 1970.
hall of fame. The selection of such portraits shall be made at the
request and under the direction of the board of trustees of the 39-7-5 Archives and history trustees to administer chap
department te;, record of proceedings to be subject to examination.
SOURC3E&: Codes, 1906, J 1637; Heating-ay's 1917, J$3451; 1930, j93630:
1URCES Cod 1906, 1614. The authority to administer the provisions of this chapter is
vested in the board of trustees of the department of archives and
39-5-15. Official and statistical register. history, hereinafter referred to as the board. A record of the
board's proceedings under this chapter shall be kept, and shall be
An official and statistical register of the State of Mississippi shall subject to inspection by any citizen of Mississippi desiring to make
be compiled by the secretary of state after each general election, an examination in the presence of a member of the board or an
to contain brief sketches of the several state officials, the member, authorized employee of the departmen of archives and history.
of congress from Mississippi, the supreme court judges, the mem-'
SOURCE.S: Codes, 1942, { 6192-103; Laws, 197/0, ci, 2t67, 13, eft' xoss and
ben of the senate and house of representatives of the State of aO er passagCe (appre 1ed March 2,13 1970 .c). 7 . 1 3
Mississippi; a roster of all state and county officials, lists of all state
institutions, with officials; state and county population and election
statistics, and miscellaneous statistica. This register shall be pub- 39-7-7. Duties of board.
lished in an edition of twenty thousand copies and shall be for free The duties of the board shall be to determine the site of and to
distribution, the printing and the binding to be paid for as is other designate state archeological landmarks; to remove from such
public printing and binding. Its distribution shall be paid out of designation certain of such sites as hereinafter provided; to con-
the fund provided for the distribution of other public documents. tract or otherwise provide for the discovery and salvage operatlons
SOURCES: Code, 1906, 16 56; Heminsgway's 1917, 1 3452; 1930, 1 36li herein covered; to consider the requests for and issue the permits
1942, J6185; Las, 1949, ch. 423, 1 I; 1964, ch. 80, ef froem ad after hereinafter provided for, and to protect and preserve the archeo-
psaage (approved April 28, 194). logical resources of the State of Mississippi. The board shall be
: ~g-S-ll. Al~loric.a p~.hi~r. ~n* .l~utb~athe legal custodian of all items hereinafter described which have
� 39-5-17. Historic and prehistoric ruins, etc.-purchase by been recovered and retained by the State of Mississippi, and shall
counties for parks. maintain an inventory of such items showing the description and
The board of supervisors of any county in the state, in its depository thereof.
disaretion, shall be authorized to acquire title by gift or grant the SOURCES: Codes, 1942, j6192-104; Laws, 1970, di. 267, 14. ef from and
,site of any historic or prehistoric ruin or monument or any object aer passe (appraed March , 1970.
of historical, archeological or scientific value situated in said
county, for public parks and reservations to be devoted solely to � 39-7-9, Shipwrecks and buried treasure designated ar-
the educational and recreational advantages of the people, upon cheological landmarks to be sole property of state
the written permission of the director of the department of All sunken or abandoned ships and wrecks of the sea, and any
archives and history of the State of Mississippi. Said board shall be part or the contents thereof and all treasure imbedded in the
authorized to expend in the maintenance of said public parks and earth, located in, on or under the surface of lands belonging to
reservations an amount not exceeding one hundred dollars the State of Mississippi, including its tidelands, submerged lands
(5{100.00) ernumotof the general funds of said county.
(I100.00) per annum out of the generl funds of said county. and the beds of its rivers and the sea within the jurisdiction of the
SOURCEh. Codes, 1942, 96191; I-IL 1938, chO. 309 State of Mississippi are hereby declared to be state archeological
landmarks and are the sole property of the State of Mississippi and
may not be taken, altered, damaged. destroyed, salvaged or exca-
9-5-19. Restoration and maintenance of abandoned vated without a contract or permit of the board.
p9--9 estorntion and malntenanve of abandoned cem
eterses by counties. SOURCES: Codes, 1942, 16192-105; Law, 1970, ch. 267, 5, eff feom mod
-Iear pusage (appreved Mard 2, 1970).
Upon the official certificate of the trustees of the state depart-
mient of archives and history that any abandoned cemetery is of 39-7-1. State archeological landmarks; removals from or
historical significance and should be repaired, rehabilitated, or alteration of private lands within area
maintained as a historical monument, the boards of supervisors of
the respective counties in this state are hereby authorized and
empowered, in their discretion, to repair, rehabilitate, and main- locations of historical, archeological, scientific, or educational
tain any such cemetery within the borders of the county over interest, including, but expressly not limited to, those pertaining
which such board has jurisdiction. to prehistoric and historical American Indian or aboriginal camp-
Subject to like certificate from the said trustees, the board Of sites, dwellings, and habitation sites, their artifacts and implements'
of culture, as well as archeological sites of every character that am
supervisors in adjoining counties may, in their discretion, jointly lced in, on or under the surface ofany lands belongig to the
accomplish such repairs, rehabilitation, or maintenance in those
insancesmplir tuh cemetery rehabi tion, occunten rintho State of Mississippi or to any county, city, or political subdivision
instances where the cemetery in question occupies territory which of the state, are hereby declared to be state archeological land-
at one time or another was located as 2 part of said adjoiningoftesaarhrbydcrdtoesaeacelgillnd
ctonne time or another was located as a pa. of said adjoining marks and are the sole property of the State of Mississippi. All
such sites or items localed on private lands within the State of
SOURCES: Codes, 1942, 13019.5; Las, 1971, ci,. 425, if I d 2, ef freeos Mississippi in areas that have been designated as a "state archeo-
and after passage t.pp-,ed Mch 1 , 197123 logical[landmark" as hereinafter provided, may not be taken,
altered, damaged, destroyed. salvaged, or excavated without a
pemt from, or in violation of the terms of such permit of. the
ANTIQUITIES LAW OF MISSISSIPPI bord
SOURCES: Codes, 1s94, i 6192-06, Law, 1970, cb. 267, J 6, ed from d
after passage (approvd March 2, 1970).
� 39-7-1. Short title.
This chapter shall be known, and may be cited, as the "Antiqui- � 39-7-13. Sites located upon private lands; requisitesa for
,ties Law of Mississippi." designation.
SOURCES: Codes 1942, I6192.1 0 1 Laws, 1970. ci. 267, It. ef fras sss Any site located upon private lands -which is determined by
after passa ge (appmeed March 2, 1970). majority vote of the board to be of sufficient archeological, scien-
tific or historical significance to scientific study, interest or public
� 39-74. Declaration ofpublic policy. representation of the aboriginal or historical past of Mississippi
It is hereby declared to be the public policy and in the public may be designated by the board as a "state archeological land-
interest of the State of Mississippi to locate, protect, and preserve mark." it is specifically provided, however, that no such site shall
all sites, objects, buildings, shipwrecks, and locations of historical, be so designated upon private land without the written consent of
archeological, educational, or scientific interest, including. but not the landowner or landowners in recordable form sufficiently de-
limited to prehistoric and historical American Indian or aboriginal scribing the site so that it may be located. Upon such designation
campsites, dwellings. and habitation sites, archeological sites of the consent of the landowner shall be recorded in the deed
every character, treasure imbedded in the earth, sunken or b�an- records of the county in which the land is located. Any such site
upon private land shall be marked by at least one marker bearing
the words "state archeological landmark" for each five acres of
area.

APP-32

IOuRC:. Codes, 1942, 96192-107; Laws, 1970, ch. 167, II, 7ef from and tions adopted by the board, and in such manner that the mai.
alfter passage (approved March 2. 1970). mum amount of historic, scientific, archeological, and educational
information maw be recovered and preserved in addition to the
~ 39-7-15. Removal from designation. physical recovery of items. The board shall be the legal custodian
Upon majority vote of the board any state archeological land- of all antiquities recovered, and is specifically authorized and
mark on public or private land may be determined to be of no empowered to promulgate such rule and regulations and to
further historical, archeological, educational, or scientific value, or require such contract or permit conditions as to reasonably effect
nbt of sufficient value to warrant its further classification as such, the purposes of this chapter.
and upon such determination it may be removed from such SOURCES: Codes, 1942, 96192-111; LIws, 1970, ch. 267, 11, ei ronm and
designation. In the case of sites located on private land that have sIer passage approed arch I., 1970)
theretofore been designated by instrument of record, the board is
authorized to cause to be executed and recorded in the deed 39-7-23. xpenditures for acqisition of Items; gifts and
records of the county where such site is located an instrument bequests; contracts for temporay possession of items by
setting out such determination and releasing the site from the
provisions hereof. The board is hereby authorized to expend such sums, from any
AOUI~ - Cas, 1942~, f 6192108; I ~ 1970 ch. 26I, IC Iromappropriations hereafter made for such purposes, as it may deem
rpaag (apprCovedes, 1.691;arch 19S. 2, advisable, to purchase from the salvager or permittee such salvag-
afer passag~ (a~ppmroed March 1 19710) er's or permittee's share, or portion thereof, of items recovered
which in the opinion of the board should remain the property of
� 39-7-17. Contracts forsalvage. the State of Mississippi. The board is authorized and empowered
The board shall be authorized to enter into contracts with other to accept gifts, grants, devises, and bequests of money, securities,
state agencies or institutions and with qualified private institutions, or property to be used in the purchase of such items from the
wcorirations, or individuals for the discovery and salvage of salvager or permittee. Further, in this respect, the board may enter
treasure imbedded in the earth, sunken or abandoned ships or into contracts or agreements with such persons, firms, corpora-
wrecks of the sea, parts thereof and their contents. Such contracts tions, or institutions. as it might choose, whereby such persons,
are to be on forms approved by the attorney general. The con- firms. corporations, or institutions, for the privilege of retaining
tracts may provide for fair compensation to the salvager in terms temporary possession of such items, may advance o the board the
of a percentage of the reasonable cash value of the objects money necessary to procure from the salvager or permittee such
recovered, or at the discretion of the board, of a fair share of the items as the board might determine should remain the property of
objects recovered. The amount constituting a fair share shall, be the State of Mississippi, upon the condition that at any time the
determined by the board, taking into consideration the circum- board may choose to repay to such person, firm, corporation, or
stances of each such operation. The reasonable cash value may be institution such sum so advanced, without interest or additional
determined by contract provision providing for appraisal by quali. charge of any kind, it may do so and may recover possession of
fled experts or by representatives of the contracting parties and such items. During the time these items are in the possession of
their representative or representatives. Such contract shall provide the person, firm, corporation, or institution advandcing the money
for the termination of any right in the salvager or permittee for the purchase thereof, they shall be available for viewing by the
thereunder upon the violation of any of the terms thereof. Supe- genera] public without charge or at no more than a nominal
rior title to all objects recovered shall be retained by the State of admission fee, and such items may not be removed from the State
Mississippi unless and until it is released to the salvager or of Mississippi for appraisal. exhibition, or restorative purposes,
permittee by the board. No person. firm, or corporation may except upon written authorization of the board.
conduct such salvage or recovery operation herein described SOURCES: Codes, 1942, 61921-112; Laws, 1970, ch. 267, 12, eff rom sad
without first obtaining such contact A such contracts shall er asage (approved March ct 1970h.
specify, among other things, the location. nature of the activity,
and the time period covered thereby, and when executed are to be �39-7-25. Retlortionof antiquiti forprivate parti
recorded by the person, firm, or corporation obtaining such The restoration of antiquities for private parties is authorized
contract. in the office of the chancery dlerk in the county or and shall be under the rules and regulations promulgated by the
counties where such operations are to be conducted, prior to the board, and all costs incurred in ouch restoration. both real and
commencement of such operation.
commencement of such operation. administrative. shall be paid by the private party.
SOURCEi C odesES19! 2, #6192-109; IA-% 1970 c. 2l67. 19, eff F romRd SOURCE.S: Codes, 1942. 6192-113; Laws 1970, ch. 267, 13. ef from and
SORE:Codes, 5942. 9 6192-109; Laws, 1970,o. 267. 9 9,C ef afrer pasg aprndMrhd,17)
~~~~~~~~~~~~~~~~~~~~~rhalter passage (approved March 2, 970).1970).
after passage (spproeed March 2, 1970).
Oues r eferene.-- � 39-7-27. Reproduction or forgery prohibited.
As to perrntu for salvage or studies. see I ~19-7-19.
As to supervision of ulvage operations and cstody osf antiqi see, 1 39-7 No person shall intentionally reproduce, replicate. retouch.
21. rework, or forge any archeological or other object which derives
value from its antiquity, with intent to represent the same to be
�~ ~~~~39-7-19. Perraisforsvageostud~eoriginal or genuine and with intent to deceive or offer any such
� 39-7-19. Permits for salvage or studies at state archeologi- object for sale or exchange.
Cal landmarks. ~~~~~~~~~~~~object for sale or exchange.
ca] landmakrk.
SOURCES: Codes, 1942, 16192-114; Laws, 1970, ch. 267. 3 14, eI brora sd
The board shall be authorized to issue permits to other state after pass.age (approved March 9, 1970).
agencies or institutions and to qualified private institutions, com-
panies, or individuals for the taking, salvaging, excavating, restor- � 39-7-29. Defacing of American Indian or aboriginal miark-
ing, or the conducting of scientific or educational studies at, in. or ings or carvings prohibited.
on state archeological landmarks as in the opinion of the board No person shall intentionally and knowingly deface any Ame.-
would be in the best interest of the State of Mississippi. Such can Indian or aboriginal paintings, hieroglyphics, or other mark
permits may provide for the retaining by the permittee of a or carvings on rock or elsewhere which pertain to early American
portion of any recovery, as set out for contracting parties under Indian or aboriginal habitation of the country.
section 39-7-17. Such permit shall provide for the termination of SOURCES: Codes, 1942, 6192-1151; Laws, 1970, ct. 267, 15, ef frv san d
any rights in the permittee thereunder upon the violation of any oftr pasage (approved March 2. 1970).
the terms thereof and shall be drafted in compliance with forms
approved by the attorney general. All such permits shall 'speci. � 39-7-31. ntry upon land of another to deface, re.ove r
among other things, the location, nature of the activity. and time destroy archeological relic or site.
period covered thereby. No person, firm, or corporation shall No person, not being the owner thereof, and without the
conduct any such operations on any state archeological la ndmnark consent of the owner. proprietor, lessee, or person in charge
herein described without first obtaining and having in his or its thereof, shall enter or attempt to enter upon the lands of another
possession such permit at the site of such operation, nor shah and intentionally injure, disfigure, remove. excavate, damage, take,
such operations be conducted in violation of the provisions of dig into, or destroy any historical structure, monument. marker,
such permit: i.. , medallion, or artifact., or any prehistoric or historic archeological
SOURCES: Codes, 1942, J 6192-1 10; La-, 19270. c. 267, 916, ef fp ad site, American Indian or aboriginal campsite, artifact, burial. ruin,
after passage (approved March 2. 1970). or other archeological remains located in, on or under any private
lands within the State of Mississippi.
Coon reerences- SOURCES: Codes,. 1942, 96192-116; Law. 1970, ch. 267, 116. elf bofa sd
As to supervision or salvage operatiom and custody of rantquities. see 9- after sage (approved M--rch 2, 970
it. I~~~~~~~~~~~~~~~~~~~~~~~~~dtcr passl~e appmrovd Mar..h 2, 1970).
21.
� 39-7-33. Unlawful to injure or destroy any historical
� 39-7-21. Supervision of salvage or recovery operations; structure or artifact.
custody of antiquities; promulgation of rules and rgl,- It shall be unlawful for any person, not being the owner thereof,
tions. and without lawful authority. to wilfully injure, disfigure. remove
All salvage or recovery operations described under section 39- or destroy any historical structure. monument. marker, medallion.
i-17. and all operations conducted under permits set out in or artifact.
section 39-7-19, must be carried out u nder the general supervi- SOURCES: Codes. 1942. J lSi5-12A; L. 1976, .. M7. o. et fros r.ad
Sion of the board, In accordance with reasonable rules and rrgula- after paag ( .ppr -d 2 , 270).

APP-33

39-7-35. Violation of chapter a misdemeanor, penalties.
Any person violating any of the provisions of this chapter shall
be guilty of a misdemeanor, and upon conviction shall be pun
ished by a fine of not less than fifty dollars ($50.00) and not more
than five hundred dollars ($500.00), or by confinement in jail for
not more than thirty days, or by both such fine and confinement
Each day of continued violation of any provision of this chapter
shall constitute a distinct and separate offense for which the
offender may be punished.
SOURCES: Codes, 1942, 6192.117; Laws, 1970, h. 267, 1 1, ff from and
after passage (approved Mtch 2, 1970).

� 39-7-37. Right of action; injunction; venue.
In addition to, and without limiting the other powers of the
attorney general of the State of Mississippi and without altering or
waiving any criminal penalty provision of this chapter, the attorney
general shall have the power to bring an action in the name of the
State of Mississippi in any court of competent jurisdiction to
enjoin violations or threatened violations of this chapter, and for
the return of items taken in violation of the provisions hereof. The
venue of such actions shall lie in the county in which the activity
sought to be enjoined is alleged to be taking place, or in the
county from which the items were taken. Any citizen in the State
of Mississippi shall have the power to bring an action in any court
of competent jurisdiction to enjoin violations or threatened viola-
tions of this chapter, and for the return of items taken in violation
of the provisions hereof. The venue of such actions shall lie in the
county in which the activity sought to be enjoined is alleged to be
taking place, or in the county from which the items were taken.
SOURCES Codes, 1942, �6192-118; Laws 1970, ch. 267, 1 8, eff from and
atter passuae (approved Mrcb 2, 1970)

� 39-7-39. Other agencies to assist in enforcement
The chief administrative officers of all state agencies are autho-
rized and directed to cooperate with and assist the board and the
attorney general in carrying out the intent of this chapter. All law
enforcement agencies and officers, state and local, are authorized
and directed to assist in enforcing and in carrying out the intent of
this chapter.
SOURCES: Codes 1942, i 6192-119D Laws, 1970, ch. 267, 95, f rffa-om and
aftert pusie z(pproed MurhA 2-, 1374

APP-34

* APPENDIX G
ATTORNEY GENERAL'S OPINION (MAY 31, 1978)
Detailing MMRC Authorities Under 1978
Wetlands Management Amendment

S0~~~~~~ ~APP-35
APP-35

DEPARTMEN.T OF JUSTICE

(.offir af itel Acttarrntzt S 'ratl
JAC~sON, .MiissIssipPi 39205
A. F. SUMMER Mi~~~~~~~~~~~~~~~lts. JEwAzN R. RICHEY�
A. F. S-uzm]z3
ATTORNEFY GENERA-L May 31, 1978 SPECIAL .SSISTANTATTOHEY GENERAL

Mr. J. E. Thomas, P. E.
Executive Director
Mississippi Marine Resources Council
Post Office Drawer 959
Long Beach, Mississippi 39560

Dear Mr. Thomas:

Attorney General Summer has received your letter of request dated
April 7, 1978 which has been forwarded to the undersigned for research and
reply. You ask for our opinion as follows:

On behalf of the Mississippi Marine Resources Council I
respectfully request your assistance in the interpretation
of certain provisions of Senate Bill 2498 which was adopted
at the Regular 1978 Session of the Mississippi Legislature.
This bill amended Section 57-15-5 of the Mississippi Code
of 1972 by which the Marine Resources Council was created,
and it adds a new sentence at the end of the first paragraph
of that section as it appears in the Code. The new sentence
reads as follows: "The Council shall have the responsibility
for the general management of the State's wetlands." It
occurs to me that the language of the new sentence may
impose very broad responsibilities and duties upon the
Council. In the light of this amendment, I would appreciate
your opinion on the following matters:

1. Whether under this provision, and in the light of other
statutes pertaining to the Council and its relationship
to the State's coastal wetlands, the Council is authorized
and required to develop a plan for the management of
the coastal wetlands, such a plan to include a statement
of the goals and policies underlying the plan.

2. If the Council does have such responsibility, would it
be authorized to designate areas for conservation,
preservation, and recreation and their overall use
in the coastal wetlands?

� APP-36

Mr. J. E. Thomas, P. E.
May 31, 1978
* ~~~Page 2

3.- Does the Council have the duty in its management of'
the coastal wetlands to take appropriate action to increase
their value and to rehabilitate, restore or modify them?

4. In connection with its management duties," may the
Council's plan include cooperation with, coordination
and guidance of, other State agencies in matters relating
to the coastal wetlands so that any activities of other
State agencies relating to such wetlands will be con-
sistent with the plan?

5. Would the question in 4 above apply also to Federal
.agencies?

6. In view of the exemption provisions of the Coastal
Wetlands Protection Act (Section 49-27-7), how do
the managerial functions of the Council affect such
exemptions?

7. If it is appropriate for the Council to develop a coastal
wetlands management plan, who or what other agency,

if any, would have to approve the plan?
S. Under its management authority could the Council issue
guidelines and statements of policy to implement the
management plan?

9 . What recourse would the Council have against activities
which have or would have a detrimental effect on the
coastal wetlands?

The word "management" is defined in Webster's Unabridged
Dictionary as the "1act or art of managing, the manner of
treating, directing, carrying on, or out, for a purpose;
conduct, control ." Other meanings include administering,
guiding, to work upon, to cultivate, to husband.- In the
light of the breadth of meaning of this word and the fact
that the Council is not merely given the authority to manage
but is charged with the responsibility for management, it
would seem to me that the new statute does impose heavy
responsibility on the Council. I wish to advise them properly
as to the course to be taken under the -new act.

APP-37

Mr. J. E. Thomas, P.- E.
May 31, 1978
Page 3

As you stated, Section 57-15-5, Mississippi Code of 1972, was amended
at the Regular 1978 Session of the Mississippi Legislature by adding a new
sentence reading as follows:

The council shall have the responsibility for the general
management of the state's wetlands.

Since the term "state's wetlands" is synonymous with the term "coastal wetlands"
as defined in Section 49-27-5, the word "management" is the operative word
in the latest amendment and which is the subject of your inquiry.

The fundamental rule of construction is to ascertain the intention of
the Legislature which is determined primarily from the language used in a
statute. Russell v. State, 231 Miss. 176, 94 So. 2d 916 (1957); Moran v.
Moran, 252 Miss. 890, 173 So. 2d 916 (1965) The Supreme Court in many
decisions has applied the rule that in an interpretation of statutes words
in common use are to be given their plain, usual and ordinary meaning,
unless they have some strictly legal or technical signification. See, e. g
Texas Co. v. Wheeless, 185 Miss. 799, 187 So.- 880 (1939); Mississippi
State Tax Commission v. Columbia Gulf Transmission Co., 249 Miss. 88,
161 So. 2d 173 (1964); Entrican v. King, 289 So. 2d 913 (Miss. 1974).

The word "management" has no strictly legal or technical signification
or application and we must therefore ascertain its ordinary and common meaning.
Webster's Unabridged Dictionary defines the word "management" as the act or
art of managing, conducting, supervising, planning, organizing, coordinating,
directing, controlling any activity with responsibility for results; and "to
manage"~ means to control and direct , conduct , administer , guide , husband,
cultivate, supervise, to direct or carry on business or affairs. Webster's
Third New International Dictionary (1971)

An early Mississippi case dealing with a sinking fund established
under the management of Commissioners for the redemption of bonds
construed the term "management" as follows:

The power to manage implies the power to control. It allows
the exercise of a discretion. It could not be managed without
the power to do so, and by requiring the one, the other was
conferred. Commissioners of the Sinking Fund v. Walker,
6 How. (7 Miss.) 143, 186 (1842)

APp- 38

Mr. J. E. Thomas, P. E.
May 31, 1978
. ~~Page 4

It was contended that the Commissioners had no authority to lend the
fund in the interim period prior to the redemption of the bonds which would
not be due for many years, and that the Commissioners merely had the power
to "hold" the fund. The Mississippi Supreme Court held that the fund had been
placed under the management of the Commissioners for a particular purpose--
to pay off the bonds when they became due--and that it was the intention that
this fund could be loaned in the meantime. "It was by them to be managed,
not merely kept; and it was so placed upon a confidence that it would be
properly managed for the benefit of the State." (Id. at 1186) The term
"management" thus has an active rather than a passive connotation.

It is also a well established principle of statutory construction
recognized in many decisions by the Mississippi Supreme Court that statutes
In pari materia must be construed together to ascertain the legislative intent.
See Aikerson v. State, 274 So. 2d 124 (Miss. 1973) and other cases cited in
Mississippi Digest Statutes, Section 223. This means that all statutes on the
subject of the Council's authority in coastal wetlands must be considered
together and harmonized if possible. The relevant statutes include Sections
49-27-1 et seq. (known as the "Coastal Wetlands Protection Law" or simply
the "Wetlands Law"), with particular reference to Sections 49-27-3,
. ~~49-27-7 and 49-27-65, and Sections 51-15-1 et seq. , which includes the
amended Section 57-15-5 (Purposes; Powers of the Council).

Section 57-15-5 provides that the policy of the Council shall be
conducted according to the following guidelines:

I1. The council shall have the general purpose and policy
of studying and developing plans, proposals, reports and
recommendations for the development and utilization of
the coastal and offshore lands, waters and marine
resources of this state in order to insure that all future
plans and/or programs of the State of Mississippi in-
volving the field of marine resources and sciences,
oceanographic research, and related studies, will be
coordinated with comparable functions and programs
of agencies of the United States Government.

2 . The council shall further have the purpose and policy
to help coordinate, as hereinabove provided, all plans
of other agencies of this state engaged in similar activities
and of the various states of the United States of America,
and also with all private agencies whose purpose is
marine science and resource development.

APP-39

Mr. J. E. Thomas, P. E.
May 31, 1978
Page 5

3. The council is further authorized to enter into contract
with any state or federal agency as may be necessary
and requisite to carry out the purposes of this chapter.

Section 49-27-3 provides:

It is declared to be the public policy of this state to favor the
preservation of the natural state of the coastal wetlands and
their ecosystems and to prevent the despoliation and de-
struction of them, except where a specific alteration of
specific coastal wetlands would serve a higher public
interest in compliance with the public purposes of the
public trust in which coastal wetlands are held.

Section 49-27-65 provides:

(a) In order to implement the policy set forth in the
chapter and to assist the commission in protection of
coastal wetlands, the council acting with the cooperation
and assistance of the Gulf Regional Planning Commission
and the Gulf Coast Research Laboratory shall evaluate
the coastal wetlands and prepare charts at an appropriate
scale showing the distribution of coastal wetlands as
defined in this chapter. These charts will be provided to
the offices of the chancery clerk of affected counties and
to the Gulf Regional Planning Commission. The charts
will be updated and reissued periodically as needed to
provide a current inventory of coastal wetlands.

(b) The council shall promote the education of the public
about scientific and economic knowledge concerning
coastal wetlands.

(c) In recognition of the national policy expressed in
the Coastal Zone Management Act of 1972, Public Law
92-583, the council is directed to include an overall
plan for use of coastal and private wetlands in the
Mississippi Coastal Zone Management Plan being
prepared by the council, and the council is further
directed to identify and include in such plan specific
coastal and private wetlands which the council recom-
mends should be set aside as estuarine sanctuaries.

APp-40

Mr. J. E. Thomas, P. E.
O ~~May 31, 1978
Page 6

Regarding your questions I through 5, it is the opinion of this office
that, considering the various meanings of the word "lmanagement"?, together
with the expressed goals and policies mentioned above, the answer to each
of these questions is that the Council would have the powers, duties and
responsibilities described in such questions. The amendment giving the
Council the responsibility for the general management of the State's wetlands
expands the authority of the Council over coastal wetlands, as compared
with its previous authority under the Wetlands Law to regulate the coastal
wetlands through a permit procedure. The Council was also authorized
under the Wetlands Law to prepare an overall plan for use of coastal wetlands
and the Council has now been given authority to manage the coastal wetlands.
Any management plan, of course, must be in accordance with the public
policy declared in Section 49-27-3 together with the guidelines set out in
Section 57-15-5.

With further reference to question No. 5, Section 57-15-5 authorizes
the Council to coordinate its plan with comparable functions and programs
of agencies of the United States Government. Section 307 (c) (2) of Public
Law 92-583 (Coastal Zone Management Act of 1972) provides that "any Federal
agency which shall undertake any development project in the coastal zone
of a state shall insure that the project is, to the maximum extent practicable,
consistent with approved state management programs."

In answer to question No. 6, Section 49-27-7 of the Coastal Wetlands
Protection Law exempts certain activities, areas and entities from compliance
with the permitting requirements of said law. Although such exempt parties
or agencies are not required to obtain permits when carrying out what would
otherwise be regulated activities for dredging and filling in coastal wetlands,
a proviso at the end of said Section provides as follows:

All parties or agencies exempt from the regulatory provisions,
whether by name or reference, when carrying out what would
otherwise be regulated activities in coastal wetlands shall at
all times adhere to the policy as set forth in section 49-27-3
and each such agency shall further advise the council of all
such activities so that the council may be fully advised of all
activities in the coastal wetlands.

APP-41

Mr. J. E. Thomas, P. E.
May 31, 1978
Page?7

As used in a statute, a proviso has been defined as:

A clause or part of a clause in a statute, the office of which
is either to except something from the enacting clause, or
to qualify or restrain its generality; or to exclude some
possible ground of misinterpretation of its extent.
Black's Law Dictionary 1390 (Rev. 4th ed. 1968)

The proviso means that such exempt parties or agencies must advise the
Council of all their dredge and fill activities in the coastal wetlands and
that they must conduct such activities in accordance with the policy
,expressed in Section 49-27-3. The new amendment conferring management
responsibilities upon the Council does not affect the exempt status of such
parties or agencies listed in Section 49-27-7 of the Coastal Wetlands Pro-
tection Law, as far as permits are concerned. The new amendment is not
inconsistent with the provisions of the prior Section 49-27-7 since it does
not change the prior provisions but, on the basis that the latest declaration
of the Legislature prevails, the new amendment conferring authority upon
the Council to manage the coastal wetlands in effect adds to the prior enact-
ment so that the activities of exempt parties or agencies in the wetlands
must be conducted not only in accordance with the public policy expressed
in Section 49-27-3 but, under the new managerial functions of the Council,S
must also be conducted in a manner consistent with the management plan
developed by the Council. Craig v. Dun & Bradstreet, 202 Miss. 207,
30 So. 2d 798 (Miss. 1947); Mobile Savings Bank v. Patty, 16 F. 751
(D.C. Miss. 1882)

In answer to question No. 7, if the Council develops a coastal
wetlands management plan, there is no provision in the amended Section
57-15-5 for any other agency to approve the plIan. However, the Legislature
has established guidelines in said Section requiring the Council to coordinate
such plan with programs of other Federal and State agencies. For example,
such plan should be coordinated with the water quality requirements of the
Mississippi Air and Water Pollution Control Commission under Section 49-27-23
which provides that any conflict between the Council and said Commission
concerning water quality requirements "shall be resolved in favor of the
Mississippi Air and Water Pollution Control Commission."

In answer to question No. 8, the Council, under its management
authority, could issue guidelines and statements of policy to implement the
management plan, if the Council considers them necessary to carry out its
management responsibilities. The Legislature has conferred upon the Council
the power to manage the coastal wetlands in accordance with a declared policy

APP -42

Mr. J. E. Thomas, P.- E.
May 31, 1978
Page 8

but it has not prescribed the means of effectuating such management.

In answer to question No. 9, one of the meanings of the word "manage"
is to husband, i .e., to conserve. It is the declared public policy in Section
49-27-3 "to prevent the despoliation and destruction" of the coastal wetlands.
Therefore, it is the opinion of this office that if any activity is determined by
the Council to have a detrimental effect on the coastal wetlands, the Council
would have the authority to institute the appropriate proceedings to protect
and preserve the coastal wetlands. The State is entitled to bring all actions
and all remedies to which individuals are entitled in a given state of case.
(Section 11-45-11, Mississippi Code of 1972)

If you have any further questions relating to this matter, please
do not hesitate to call on us.

Sincerely yours,

A. F.SUMMER
ATTORNEY GENERAL

0 ~~~~~~~~~~~BY:
.) 1Jean R.
Spe~9 Assistant Attorney General

JRR: db

APP-43

* APPENDIX H
ATTORNEY GENERAL'S OPINION (DECEMBER 14, 1976)
Identifying Upland Activities Subject to Management

APP-44

1_EP.IRTMENT OF JUSTICE

JACKSON, MISSISSIPPI ,020[
A. F SUMMER MRS. JEAN R. RICHEY
ATTORNEY GENERAL SPECIAL ASSISTANT ATTORNEY GENERL
Dece:mber 14, 1976

Honorable Joel Blass
MIZE, THOMPSON & BLASS
Suite 310, Gulf National Bank Building
P. O. Box 160
Gulfport, Mississippi 39501

Dear Mr. Blass:

Attorney General Summer has received your letter of
request dated December 6, 1976 and has assigned it to the
undersigned for research and reply. You ask for an opinion
as follows:

"Prior to the enactment of the Coastal
Wetlands Protection Act, a certain sub-
division was developed in Jackson Conty.
And a navigable bayou was developed in the
area and the waters therein are subject to
the ebb and flow of the tide. This bayou
is gradually being filled by the process
of erosion from soil deposits and fill dirt
placed on certain lots along its shore. It
is our understanding that this fill dirt
was placed upon the lots by a former owner
in the development of the area and that the
lots have been acquired by the present owner
after the fill was in place. There is no
bulkhead or other device to contain this
fill material which was placed upon the lot
and, consequently, it continues to wash into
the bayou and has now almost closed the channel.

"Complaints have been made to the Mississippi
Marine Resources Council, asking that it take
appropriate action to prevent this continuing
damage. Our question is whether or not the
Mississippi Marine Resources Council has juris-
diction over this problem and if so, what thq
courses of action are available to it.

APP-45

Honorable Joel Blass
Page 2
December 14, 1976

"Section 49-27-5, Mississippi Code of 1972,
defines regulated activity to include 'the
dumping, filling, or depositing of any soil,
stone, sand, gravel, mud aggregate of any
kind or garbage, either directly or indirectly
on or in the coastal wetlands;---.' One
question that occurs to me is whether or not
the ownership of a tract of land from which
fill material is eroding into the bayou
constitutes an 'activity'. We would be most
grateful if your office could consider this
matter and advise us so that we may present
your opinion to the Council at its next
meeting."

A "regulated activity" under Section 49-27-5, Mississippi
Code of 1972, includes filling or depositing of any soil, sand,
gravel, etc. indirectly on or in the coastal wetlands. This
contemplates affirmative action by the owner of property adjacent
to coastal wetlands to cause an artificial erosion into the
coastal wetlands, which would bring such activity within the
jurisdiction of the Mississippi Marine Resources Council. Of
course, a situation where natural erosion is taking place would
not be within the jurisdiction of the Council, so that initially
it would be a factual determination by the Council as to whether
the erosion was artificial or natural in origin.

As I understand it, in the present instance the fill
dirt was placed on the lots close to the wetlands by the
previous owner prior to the enactment of the Wetlands Law and
consequently he was not required to obtain a permit to place
it on said lots. In my opinion, the statute encompasses
affirmative action taken only after the effective date of the
Act and consequently would not apply to the present factual
situation, so that the Council would not have jurisdiction in
this instance.

In a case where artificially induced erosion is occurring
as a result of acts subsequent to the effective date of this
statute, the course of action available to the Council would
appear to be the issuance of an order to the landowner to
cease such activity or to comply with the permit regulations
of the Council covering such activity, or, failing to do
either, to be subject to the civil actions under Section
49-27-55 or the criminal fines and penalties under Section
49-27-57.

Sincerely yours,

A. F. SUM!MER, ATTORNEY GENERAL

BY, . Jean'Rice
Spe ~al Assistant Attorney geeral
JRR:db APP-46

APPENDIX I
ATTORNEY GENERAL'S OPINION (OCTOBER 30, 1974)
Regarding Exempted Activities

APP-47

XN ' I_ i.xivrN'x' ozl *. LS.1'IcE
' j tOffi-c of tITr -AttrlICltT 0i)Ctot1l
- *I.SCIALON, )$IIsi.s~ Tii'PE :35)C).
*.1 r'S:-\\1l MitS. JEAN Ht. RrC1IEE
~Nl' .. i.NU.\I. October 30, 1974 SPECIAL ASSISTANT ATTOUxEY GF.NERAL

Honorable Joel Blass
Mize, Thompson & Blass
Suite 310 Gulf National Bank Building
P.O. Box 160
Gulfport, Mississippi 39501

Dear Xr. Blass:

Attorney General Summer has received your letter of
October 23, 1974 and has assigned it to the writer for research
and reply. You request an opinion from this office on the
following:

"The Wetlands Protection Act contains many
exceptions to the permitting power of the
Mississippi Marine Resources Council. Despite
these exceptions or exemptions, however, the
statute says that all those who are engaging in
activities which would be regulated except for the
exemption shall keep the Council fully advised as
to their activities. Essentially, the question
is as to the extent to which Council must be
kept advised of these activities and the purpose
of such advice being given to the Council."

Under Section 49-27-7, Mississippi Code of 1972, as amended
by Chapter 401, House Bill No. 600, Laws of 1974, certain specified
activities, areas and entities are exempt from the necessity of
obtaining a permit from the Mississippi Marine Resources Council.
At the end of this Section appears tne tolowing:

"Provided, however, that all parties or agencies
exempt from the regulatory provisions, whether
by name or reference, when carrying out what
would otherwise be regulated activities in coastal
wetlands shall at all times adhere to the policy
as set forth in Section 49-27-3 and each such
agency shall further advise the council of all
such activities so that the council may be fully
advised of all activities in the coastal wet-
lands." (Emphasis added)

APP-48

Honorable Joel Blass
Page 2
October 30, 1974

as "Regulated activity" is defined in Section 49-27-5 (c)
as follows:

"(c) 'Regulated activity' means any of the
following activities: the dredging, excavating
or removing of soil, mud, sand, gravel, flora,
fauna or aggregate of any kind. from any coastal
wetland; the dumping, filling or depositing of
any soil, stones, sand, gravel, mud, aggregate
of any kind or garbage, either directly or
indirectly, on or in any coastal wetlands;
killing or materially damaging any flora or
fauna on or in any coastal wetland; and the
erection on coastal wetlands of structures which
materially affect the ebb and flow of the tide."

The public policy involved in this law is set out in
Section 49-27-3, Mississippi Code of 1972 (Cum. Supp. 1974), as
follows:

"It is declared to be the public policy of this
state to favor the preservation of the natural
state of the coastal wetlands and their ecosystems
and to prevent the despoliation and destruction of
them, except where a specific alteration of specific
is_~ coastal wetlands would serve a higher public in-
terest in compliance with the public purposes of
the public trust in which coastal wetlands are held."
(Emphasis added)

From an examination of the above provisions of the Coastal
Wetlands Protection Law, it is my opinion that the Council must be
kept advised by those exempt from the permit requirement concern-
ing all activities in which they engage in the wetlands which would
otherwise be considered "regulated activity" but which are associa-
ted with and necessary for the carrying out of the particular
exempt activity. This is for the purpose of enabling the Council
as the administrative agency to be fully informed as to all
activities in the wetlands, whether exempt or regulated by permit.
Even though certain activities have been given preference by the
Legislature, as presumably serving a "higher public interest"
requiring a "specific alteration of specific coastal wetlands".,
those engaging in such exempt activities must still "adhere to the
policy as set forth in Section 49-27-3", that is, to do every-
thing possible to preserve the "natural state of the coastal wet-
lands and their ecosystems" and to "prevent the despoliation and
destruction of them."

O~~~~~~~APP-49
APP-49

Honorable Joel Blass
Page 3
October 30, 1974

The purpose of such advice, as required by Section 49-27-7,
is so that the Council, as the administering agency of the Wet-
lands Law, may decide whether unnecessary alteration of wetlands
is taking place by an exempt party, that is, to an extent greater
than is required by the activity which the Legislature has decided
is a "higher public interest." Whether the "exempt" authority is
being exceeded then becomes a factual matter to be determined by
the Council.

Sincerely yours,

A. F. SUI-hER
ATTORNEY GENERAL

BY: > 1
/(Mrs.) Jean R. hey
Spe 2al Assistant Attorney General

JRR:db

APP-50

* APPENDIX J
PUBLICATIONS USED IN PROGRAM DEVELOPMENT

e0~~~~~~ ~APP-51
APP-5'I

PUBLICATIONS USED IN PROGRAM DEVELOPMENT

1. Analysis of Mississippi's Potential as a Site for Staging Operations
Associated With the Development of Oil and Gas Resources in the Outer
Continental Shelf of the Gulf of Mexico. By University of Southern
Mississippi. 1976 (44 pages). (Out of Print)

2. Analyzation of Six State Agencies. Oxford. 1977. (Unpublished)
Summaries of powers and duties of state agencies which may be involved
in a CZM Program.

3. Areas of Particular Concern and Priority of Uses. Gulf Regional
Planning Commission Gulfport. 1976. (24 pages). Generalized criteria
for designating GAPCs. (Out of Print)

4. Areas of Particular Concern and Priority of Uses, Jackson County. Jackson
County Planning Commission. Pascagoula. 1976. 6lpp. Identification
of specific GAPCs. (Out of Print)

5. Areas of Particular Concern and Priority of Uses, Moss Point, Ocean
Springs, and Pascagoula. 1976. 17 pp. Identification of specificS
GAPCs. (Out of Print)

6. Assessment of Ambient Air Quality of the Mississippi Gulf Coastal Zone.
Hattiesburg. University of Southern Mississippi. 1975. (Unpublished)
Description of climate and pollution levels.

7. Base Maps of the Mississippi Coastal Zone. University of Southern
Mississippi Hattiesburg. 1975. 51 maps. (Unpublished) Base maps at
common scale of 1:24,000 of the coastal area from the Mississippi Sound
north to above Perkinston.

8. Coastal Resources and Environment Digital Inventory Techniques Applications
Project. Phase I Products. A Satellite Remote Sensing Applications
Project. National Space Technology Laboratories. Earth Resources
Laboratory, State of Louisiana (Department of Transportation and Development)
State of Mississippi (Mississippi Marine Resources Council) and State of
Alabama (Alabama Development Office). 1977.

9. Coastal Zone Management in Mississippi. Mississippi Marine Resources
Council. Long Beach, Mississippi, n.d. (7 pages) (Limited publication )

10. Coastal Zone Management in Mississippi -- Assessment of State Agencies.
University of Mississippi Law Center. 1976. (30 pages). (Limited
Publication)

APp-52

11. Coastal Zone Management Program. Mississippi Marine Resources Council,
State of Mississippi. January 1972. (53 pages). (Out of Print)

12. Determination of a Map Display System for Use by the Mississippi Marine
Resources Council. Hattiesburg, August 1978 (40 pages). (Limited
Publications)

13. The Economic Impact on Mississippi of Offshore Oil Activities and of a
Proposed Terminal for Supertankers. Jackson. October 1976. (22 pages)
(Out of Print)

14. Energy Facility Siting in Coastal Zone Management "Legal Assessment".
Oxford 1978. 24 pages. (Limited Publication)

15. Generalized Siting Criteria for Onshore OCS Impacts. Jackson County
Planning Commission Pascagoula. 1976. (27 pages) (Out of Print)

16. Geographic Areas of Particular Concern and Priority of Uses for Hancock
and Harrison Counties. Gulfport. 1976. (71 pages) 4 maps. Identifica-
tion of specific GAPCs and a method for factor mapping of uses. (Out of
Print)

17. Geographic Areas of Concern and Priority of uses in South Pearl River
County. Gulfport. 1976. (27 pages) 2 maps, I chart. Identification
of specific GAPCs. (Out of Print)

. ~~18. Geographic Areas of Particular Concern in Jackson County for Mississippi
OCS Impact Study. Jackson County Planning Commission. Pascagoula. 1976.
(46 pages) Identification of specific GAPCs as related to OCS activities.
(Out of Print)

19. Interim Report on Boundaries. Mississippi Marine Resources Council.
1977. (Out of Print)

20. Interim Report on Geographic Areas of Particular Concern, Priority of
Uses and Areas of Preservation and Restoration in the Mississippi Coastal
Zone. Mississippi Marine Resources Council, February 1977. (45 pages).
(-Out of Print)

21. Interim Report on Permissible Land and Water Uses in the Mississippi
Coastal Zone. Mississippi Marine Resources Council. 1977. (91 pages
+ charts) (Out of Print)

22. Inventory, Analysis and Display of Information Relating to Natural Resource
Uses, and Associated Socio-Economic Feastures of the Mississippi Gulf Coast.
University of Southern Mississippi, Hattiesburg, 1975. (Out of Print)

23. Inventory of Federal and State Agencies Expected to Interact with a Coastal
Zone Management Program. University of Mississippi. Law Center. Oxford
1976. (205 pages) (Two Volumes) (Unpublished)

APP-.53

24. Inventory of Ground-Water Resources in Mississippi's Coastal Area.
Jackson. 1976. 71 pages 6 maps. Baughman, Wilbur T., Alvin R. Bicker*
Jr. and Edwin E. Luper, Mississippi Geological, Economic and TopographicalW
Survey. (Out of Print)

25. An Investigation of the Extent of Tidal Influence on the Pearl River.
United States Geological Survey, Jackson, Mississippi. November, 1977.
Mississippi Marine Resources Council's Project No. GR-77-001 and GR-78-007.

26. Issues in Coastal Zone Management. A Survey of Mississippi Citizens.
Ocean Springs. April 1977. (16 pages) Mcllwain, J. Baron, Sylvia F.
Minor and Carlton R. Sollie, Ph.D.

27. Land, People, Water: Mississippi's Conern. Mississippi Marine Resources
Council. Long Beach. August 1976. (12 pages) Description of purposes
of CZM Program in Mississippi. (Out of Print)

28. Legal Requirements and Consideration Inherent in Coastal Zone Management
in Mississippi. University of Mississippi, Law Center. Oxford. 1976.
241 pages. (Limited)

29. Mississippi and the Sea: A Report of the Mississippi Marine Resources
Council. Mississippi Marine Resources Council, 1971.

30. Mississippi Coastal Area: Its Future. Mississippi-Alabama Sea Grant
Consortium. Ocean Springs, 1975. (10 pages) Descriptive Brochure.

31. Mississippi's Coastal Resources: A Survey to Determine Attitudes and
Opinions of Local Citizens. Mcllwain, J. Baron, Sylvia F. Minor and
Carlton R. Sollie, Ph.D. Ocean Springs, November 1976. (15 pages)

32. Mississippi Offshore Inventory and Geological Mapping Project. Otvos,
Ervin G., Geology Section, Gulf Coast Research Laboratory. Ocean Springs.
1976. (27 pages 9 maps) A study of water bottoms and subsurface geology
in the Mississippi Sounc . (Out of Print)

33. Mississippi Outer Continental Shelf Impact Study. Gulf Regional Planning
Commission September 1976. (124 pages) A general discussion of possible
OCS impacts on the Mississippi Coasta. (Out of Print)

34. Mississippi Outer Continental Shelf Impact Study, Phast 1. Southern
Mississippi Planning and Development District. Gulfport. 1976. (50 pages)
7 maps, 3 charts (Two Volumes) Evaluating the impact of offshore activity
on George, Stone and Northern Pearl River Counties. (Out of Print)

35. Parametric Overview of Land Use and Socio-Economic Activities, Hancock,
Harrison, Jackson and Pearl River Counties. Gulfport. 1976. (85 pages
4 sample maps) (other maps under separate cover). Generalized data.
Gulf Regional Planning Commission. (Out of Print)

APp-54

36. Proceedings from the Governor's Conference on Coastal Zone Management.
Mississippi-Alabama Sea Grant Consortium. Ocean Springs, 1974. (141
Is ~~pages) Meeting held ~July 24-25, 1974, Biloxi with state and national
CZM leaders. (Out of Print)

37. Proceedings from the Gulf States Conference on Coastal Zone Management.
Mississippi-Alabama Sea Grant Consortium. Ocean Springs. 1974 (174
pages) Meeting held September 18-19, 1974, in Biloxi with CZM leaders
from five states. (Out of Print)

38. Public Meeting Series on Coastal Zone Boundaries. Ocean Springs. 1976.
(158 pages) Mississippi-Alabama Sea Grant Consortium. Transcript of
meeting held January 29 and February 5, 10, 19, and 24, 1976 in Coast
cities. (Out of Print)

39. Public Meeting Series on Geographic Areas of Particular Concern and
Priority of Uses. Ocean Springs. MS-AL Sea Grant Consortium. 1976.
126 pages Transcript of meetings held August 16-19, 1976, in Coast
Cities. (Out of Print)

40. Shoreline Access and Preservation Phases I, II, and III. Gulf Regional
Planning Commission. November 1979 (Limited Publication)

41. Shoreline Erosion/Mitigation Assessment and Planning for the Mississippi
Gulf Coast. Charles K. Eleuterius, Gulf Coast Research Laboratory,
1January 1978. 30 pages. (Unpublished)

42. Social, Economic and Environmental Requirements and Impacts Associated
with the Development of Oil and Gas Resources in the Outer Continental
Shelf of the Gulf of Mexico. University of Southern Mississippi.
Hattiesburg. 1976. (274 pages I chart) (Out of Print)

43. Socio-Economic and Land Use Analysis, George and Stone Counties. Southern
Mississippi Planning and Development District. Gulfport. January 1976.
(129 pages 21 maps) Generalized Data. (Out of Print)

44. Soil Interpretation Maps. Soil Conservation Service, U. S. Department
of Agriculture. Soil suitability maps of Jackson, Harrison and Hancock
Counties. (Limited Publication)

45. Summary of Coastal Leaders Conference. Ocean Springs. 1975. (31 pages)
Condensed version of proceedings of meeting held November 20, 1975, in
Biloxi between Mississippi Marine Resources Council and local governmental
leaders.

46. Surface Water Inventory. U. S. Geological Survey. 1976. (Unpublished)
Description of low flow conditions and preliminary determination of tidal
influence.

47. An Investigation of the Water Resources of the Coastal Independent Streams
Basin. Gulf Regional Planning Commission. January 1980 (Limited
Is ~~~Publ ication)

APP-55