Mississippi Statewide Rule
Mississippi Coastal Wetlands Protection State Act
Key Facts
- Statute
- Miss. Code § 49-27-1 et seq.
- Regulator
- MS Dept of Marine Resources
- Counties covered
- Hancock, Harrison, Jackson
- Max daily penalty
- $10,000 commercial; $500 residential
- Permit standard
- Public interest review
Summary
Mississippi's Coastal Wetlands Protection Act gives the Department of Marine Resources exclusive authority to permit dredging, filling, or alteration of coastal wetlands in Hancock, Harrison, and Jackson counties, preempting local control over regulated tidal areas.
(1) No regulated activity shall affect any coastal wetlands without a permit unless excluded in Section 49-27-7. Any person proposing to conduct or cause to be conducted a regulated activity shall file an application for a permit with the commission in such form and with such information as the commission may prescribe. An application fee in an amount of Fifty Dollars ($50.00) for residential type regulated activity and Five Hundred Dollars ($500.00) for commercial and industrial type related activity shall accompany each application and shall be payable to the commission. No permit shall be required for a regulated activity as defined in Section 49-27-5(c)(v) if such activity is an activity by a water dependent industry, nor shall a permit be required pursuant to Section 49-27-5(c)(v) of any individual who seeks to construct a home, fishing camp or similar structure on his own property.
Full Breakdown
Under Miss. Code Sections 49-27-1 through 49-27-69 (Coastal Wetlands Protection Law), the Mississippi Commission on Marine Resources, through the Department of Marine Resources, has exclusive jurisdiction over the dredging, filling, alteration, or pollution of coastal wetlands in the three coastal counties. A coastal wetlands permit is required before any regulated activity, including bulkhead construction, pier extension beyond statutory limits, marsh fill, or channel dredging. Permits are evaluated against the public interest standard balancing economic benefit, ecological impact, and navigation. Local governments cannot authorize activities prohibited by the Act, though they may impose additional zoning controls outside wetland boundaries.
Violations & Penalties
Unpermitted alteration of coastal wetlands carries civil penalties up to $10,000 per day for commercial or industrial activity ($50 to $500 per day for residential), plus restoration orders, under Miss. Code section 49-27-51.
Frequently Asked Questions
Do I need a state permit to build a pier on the Mississippi coast?
Can a city authorize wetland fill in coastal Mississippi?
Sources
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