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Mississippi Code Title 57. Planning, Research and Development § 57-15-6. Coastal program

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(1) In recognition of the Coastal Zone Management Act of 1972, as amended, the council is directed to prepare and implement a coastal program that establishes guidelines and procedures pursuant to the following goals:

(a) To provide for reasonable industrial expansion in the coastal area and to insure the efficient utilization of waterfront industrial sites so that suitable sites are conserved for water dependent industry;

(b) To conserve the resources of the coastal area for this and succeeding generations in accordance with the public policies expressed in Sections 39-7-3, 49-15-1, 49-17-3, 49-27-3 and 51-3-1, Mississippi Code of 1972;

(c) To consider the national interest involved in planning for and in the siting of facilities in the coastal area;

(d) To encourage the preservation of natural scenic qualities in the coastal area;

(e) To assist local governments in the provisions of public facilities and services in a manner consistent with the coastal program;  and

(f) To insure the effective, coordinated implementation of public policy in the coastal area of Mississippi comprised of Hancock, Harrison and Jackson Counties.

(2) It is the intent of the Legislature that the coastal program described in subsection (1) of this section should comprise a statement of consolidated state policy in the coastal area, incorporating all applicable constitutional provisions, laws and regulations of the State of Mississippi.  Where the coastal program includes provisions that are otherwise under the jurisdiction of another state agency, the coastal program shall not conflict with such agency's jurisdiction.

(3) In addition to the powers and duties now conferred upon them by law, all state agencies shall carry out their responsibilities in the coastal area in compliance with the coastal program described in subsection (1) of this section unless otherwise prohibited by law.  The coastal program shall include procedures by which conflicts between state agencies concerning their compliance with the coastal program may be resolved.  Further, the council shall establish in the program procedures to review and coordinate any decisions affecting the coastal area so that all state agencies and other interested parties will have the opportunity to participate in such decisions.

(4) In cooperation with other agencies having responsibilities in the coastal area, the council shall seek to develop “one-stop permitting” to coordinate the processing and issuing of permits, licenses and other such instruments in the coastal area.  It is the intent of the legislature that one-stop permitting shall expedite the decision making of all governmental entities having separate regulatory jurisdiction or authority over activities in the coastal area without impinging on the regulatory jurisdiction or authority of these governmental entities.

One-stop permitting shall be implemented by means of the agreements authorized in subsection (4) of Section 57-15-5, and shall provide for the following:

(a) A single application form for all required permits or approvals from governmental entities in the coastal area;  such application form shall contain sufficient information so that the necessary reviews of all affected governmental entities can be expeditiously carried out;

(b) Consolidated public hearings so that a single public hearing may serve to meet the requirements of the several public hearings as may now be provided by law for issuing a permit, license or other such instrument in the coastal area;

(c) The shortest practicable review period for applications, proper allowances being made for all interested parties to become informed and to make their opinions heard by the appropriate agencies;  and

(d) Joint permitting procedures for state and federal agencies.

The one-stop permitting provided for in this subsection shall not alter the powers, duties and responsibilities of any governmental entity, its expressed purpose being to improve the procedural operations of these entities.

(5) After consultation with county port authorities, development commissions, and port and harbor commissions having jurisdiction in the coastal area, the council shall prepare as part of the coastal program a long-term plan for the development of suitable sites for water dependent industry.  The council shall include in this plan provisions for the disposal of spoil material from dredging operations.  In designating suitable sites for water dependent industry, the council shall consider the nature and extent of specific alterations that would serve a higher public interest pursuant to the development of these sites.

(6) Where necessary to implement the coastal program described in subsection (1) of this section, the council may acquire real or personal property by purchase, condemnation, lease or agreement as authorized from time to time by the legislature.

Cite this article: - Mississippi Code Title 57. Planning, Research and Development § 57-15-6. Coastal program - last updated January 01, 2018 |

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