DMR to seek notice of intent for revised Mississippi Coastal Program rules

The Mississippi Department of Marine Resources on June 17 moved to file a notice of intent to revise Title 22 Part 23, the state Mississippi Coastal Program, after staff briefed commissioners on updates meant to align the program document with recent state statutes and a NOAA evaluation.

The revisions respond to a NOAA evaluation staff said was conducted March 12 with results received December 2024 and update definitions, procedural language, and where authority resides between the executive director and the Advisory Commission on Marine Resources. "The only necessary action that we had was that we should get our coastal program updated," said Willa Brantley, Office of Coastal Resources Management staff, during the presentation.

The changes clarified the coastal wetlands definition by switching references from mean high tide/water lines to the statutory ordinary high watermark, added statutory citations under each rule, restored and revised the definition of "major coastal rivers and streams" to include named systems, and altered coastal wetlands use plan rules so approved special-use projects automatically update the use-plan mapping. Brantley said the updates also permit certain dredging within 5 feet of wetlands when a turbidity curtain is used; previously dredging was required to stay 10 feet from wetlands vegetation.

Commissioners asked staff to confirm the geographic scope and statutory limits. Brantley said the coastal program applies to state coastal wetlands and federal consistency reviews generally span the three coastal counties, but the department retains review authority for state actions that could affect flows in major coastal rivers and streams. "That gives us the ability to review certain state agencies that could affect the flow in those rivers and streams," she said.

A motion to direct the director to proceed with a notice of intent to adopt the changes was made and approved unanimously.

If the director files the notice, the revised program will be posted on the Secretary of State site for public review per standard administrative procedure; staff told the commission the revised program will be uploaded with statutory source citations where appropriate.

Background: the Coastal Zone Management Act (federal, 1972) provides NOAA authority to evaluate state coastal programs, and Mississippi implements federal and state responsibilities through the Coastal Wetlands Protection Act and the state coastal program document.