The following activities, areas, and entities are excluded from the need to secure a permit for regulated activities
104.01 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.104.02 The conservation, repletion and research activities of the Mississippi Commission on Marine Resources, the Mississippi Gulf Coast Research Laboratory, the Commission on Wildlife, Fisheries and Parks, and the Mississippi-Alabama Sea Grant Consortium when acting through the Mississippi Universities Marine Center.104.03 Hunting, erecting duck blinds, fishing, shellfishing and trapping when and where otherwise permitted by law. 104.04 Swimming, hiking, boating or other recreation that causes no material harm to the flora and fauna of the wetlands.104.05 The exercise of riparian rights by the owner of the riparian rights, if 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. The riparian owner may reasonably alter the wetland at the end of his pier in order to allow docking of his vessels.104.06 The normal maintenance and repair of bulkheads, piers, roads and highways existing on the date of enactment of the Coastal Wetlands Protection Act, and all interstate highways planned but not yet under construction; and financed in part by Federal Interstate Highway Trust Funds.104.07 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, oceangoing vessels, including but not limited to, wetlands adjacent to Petit Bois Island and the Bayou Casotte Channel in Jackson County, Mississippi. 104.08 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.104.09 Wetlands used under the terms of the use permit granted by Chapter 395, Laws of 1954. 104.10 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.104.11 Activities of any mosquito control commission which is a political subdivision or agency of the State of Mississippi.104.12 The Fisherman's Wharf in Biloxi and the Buccaneer State Park in Hancock County.104.13 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 1972.104.14 The activities of the Hancock County Port and Harbor Commission affecting wetlands within its jurisdiction.104.15 The activities of the Harrison County Development Commission affecting wetlands within its jurisdiction.104.16 The activities of the Jackson County Port Authority affecting wetlands within its jurisdiction.104.17 The activities of the Mississippi State Port at Gulfport affecting wetlands within its jurisdiction.104.18 The construction of a water dependent industry on suitable sites for water dependent industry. This exemption does not cover other regulated activities such as dredging and filling as defined in Chapter 03.104.19 The construction of a home, fishing camp, or similar structure by an individual on their own property when that property is a suitable site for water dependent industry. This exemption does not cover other regulated activities such as dredging and filling as defined in Chapter 03.104.20 Regulated activities which, in the judgment of the Executive Director or his/her delegate, after an on-site inspection, have no harmful impact on the environment and which make no substantial change in the wetlands. These activities may be authorized by a Certificate of Waiver or similar authorization from the Executive Director or his/her delegate. 104.20.01 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.104.20.02 Issuance and acceptance of a Certificate of Waiver does not relieve the applicant from the requirements of obtaining a permit from the U. S. Army Corps of Engineers or the DEQ, nor from the necessity of compliance with other applicable state or local laws, ordinances and zoning regulations.104.20.03 Activities described as eligible for a general, regional, or national permit or similar authorization from the U. S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act, Section 404 of the Clean Water Act, or any memorandum of understanding or agreement with the U. S. Army Corps of Engineers, U. S. Coast Guard or other state or federal agency having regulatory responsibility in coastal wetlands, provided such agreement or authorization has previously been reviewed by relevant federal and state agencies, are eligible for a Certificate of Waiver. 104.20.04 Emergency activities that are necessary to prevent loss of life, imminent destruction of property or activities which eliminate hazards to the public well-being are eligible for a Certificate of Waiver.22 Miss. Code. R. 23-11-104