In evaluating the public interest and making recommendations for regulated activities, the Department will consider and make findings on the following:
103.01 Applicable legislative and judicial statements of public interest.103.02 The Coastal Wetlands Use Plan: Permits will be granted only for projects allowed by the Use Plan. The Plan is divided into use districts with specific allowable uses within each district as specified in Chapter 07. Changes to the Use Plan may be granted at the discretion of the Commission, based on findings and recommendations from the Department. The process for requesting and justifying a change to the Use Plan is described in Chapter 07.103.03 Requirements for Conducting Regulated Activities: The applicable requirements for conducting regulated activities as specified in Chapter 08 must be followed unless the applicant specifically requests and justifies a variance. Variances may be granted at the discretion of the Commission, based on findings and recommendations from the Department. The process for requesting and justifying a variance is described in Chapter 08.103.04 Precedent setting effects and existing or potential cumulative impacts of similar or other development in the project area.103.05 The extent to which the proposed activity would directly and indirectly affect the biological integrity and productivity of coastal wetlands communities and ecosystems. 103.06 The full extent of the project, including impacts induced by the project, both intended and unintended but reasonably anticipated.103.07 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).103.08 The extent of alternative sites available to reduce unavoidable project impacts.103.09 The extent to which a proposed activity requires a waterfront location: Upon notice from parties proposing to erect structures on suitable sites for water dependent industry as defined in M.C.A. § 49-27-5(i), the Department will 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 M.C.A. § 49-27-5(i) of the Mississippi Code. Chapter 09 specifies that certain activities and facilities will be considered to be water dependent and provides guidelines for evaluating applications for non-water dependent facilities on suitable sites for water dependent industry.103.10 The preservation of natural scenic qualities: Private parties and local governments are encouraged, but not required to consider the guidelines in Chapter 10 when planning projects involving regulated activities. Where a conflict arises between these guidelines and a Special Management Area as designated and approved under Chapter 21, the provisions of the Special Management Area Plan will prevail. 103.11 The national interest: The following aspects of the national interest will be considered. 103.11.01 The need for national defense and to establish and maintain facilities necessary to accomplish national defense 103.11.02 The National Energy Policy103.11.03 The need to improve public recreational opportunities103.11.04 The national need for transportation, including ports and navigation103.11.05 The protection of federally listed endangered flora and fauna. The Department will consult with the Mississippi Natural Heritage Program and the U. S. Fish and Wildlife Service concerning projects that may affect endangered flora and fauna103.11.06 The consideration of wild and scenic rivers and the coordination of activities affecting such rivers with efforts under the Wild and Scenic Rivers Act103.11.07 The reduction of the loss of life and property damage from natural hazards, including flooding and erosion. In this connection, consideration will be given to protecting the physical integrity of Mississippi's barrier islands so that they may continue to shelter the coastal area from devastation103.12 Comments received from Coastal Program Agencies in accordance with their responsibilities as outlined in Chapter 20, and comments received through public notices and hearings.103.13 The provisions of approved SMA plans. Specific provisions of SMA plans will prevail over the considerations noted above.22 Miss. Code. R. 23-06-103