11 Miss. Code R. § 8-2.3-31-3119

Current through December 10, 2024
Section 11-8-2.3-31-3119 - Permit Approval or Denial Actions
(a) The Permit Board pursuant to the act and these regulations, shall approve, modify, reissue or deny all applications for permits under the Act and these regulations on the basis of:
(1) complete applications for permits, modifications or reissuance and revisions thereof;
(2) public participation as provided for in the act and this Subchapter;
(3) compliance with any applicable provisions of the act and Rule 29;
(4) processing and review of applications as required by the act and this Rule .
(b) Upon the basis of a complete application for permit or a complete application for modification or reissuance of a permit, including public notification and an opportunity for public hearing as required by § 53-9-37, the Permit Board shall issue, deny or modify the permit within the time required under § 53-9-37 and shall notify the applicant in writing of its action within the time required under § 53-9-39. The Permit Board shall take action as required under this section, within the following times:
(1) Except as provided for in § 3119(b)(1)(A) or (B), a complete application submitted to the Department shall be processed by the Department, so that an application is approved or denied by the Permit Board within the following times:
(A) if a public hearing has been held under the act and § 3109, the Permit Board shall act upon a complete permit application within sixty (60) days after the date of the public hearing. This time frame may be extended if agreed in writing by the Department, the applicant, and the interested party or parties, if any, that requested the public hearing.
(B) if no public hearing has been held under the act and § 3109, the Permit Board shall act within sixty (60) days after the last publication of the notice described in § 53-9-37(1). The time frames may be extended if agreed in writing by the Department and the applicant. Further the Permit Board may allow additional time for processing, taking into account:
(i) the time needed for proper investigation of the proposed permit and adjacent areas;
(ii) the complexity of the application; and
(iii) whether written objections to or comments on the complete application have been filed with the Permit Board.
(2) Notwithstanding any of the foregoing provisions of this Section, no time limit under the act or this Section requiring the Permit Board to act shall be considered expired from the time the Permit Board requests further information under § 3113(d) until the final decision of the Permit Board.
(c) If the application is approved, the permit shall be issued upon submittal of a performance bond in accordance with Rules 39, 41, and 43. If the application is disapproved, specific reasons therefore shall be set forth in the notification required by § 3119(d).
(d) Within fourteen (14) days after issuing or denying a permit or granting or denying a modification to an existing permit, as recorded in the minutes of the Permit Board, the Permit Board shall notify by mail to the last-known address, the following:
(1) the permit applicant;
(2) the mayor of each municipality and the president of the board of supervisors of each county in which the permit area is located;
(3) persons who submitted written comments concerning the application in the time, manner and form as provided by regulation, if those persons provided the Permit Board with a complete address; and
(4) persons who requested the public hearing, if a public hearing was held, if those persons provided the Permit Board with a complete address; and
(5) the local OSMRE office.
(e) Permit application approval shall apply to those lands that are specifically designated as the permit area on the maps submitted with the application and for which the application is complete and accurate. Any valid permit issued in accordance with § 3119(a) shall carry with it a right of successive renewal, within the approved boundaries of the existing permit, upon expiration of the term of the permit, in accordance with Rule 35.

11 Miss. Code. R. § 8-2.3-31-3119