1 Miss. Code. R. 11-2.2
As used in these rules, the following terms shall have the definitions indicated.
A. Activity: (i) the dredging, excavating or removing of soil, mud, sand, gravel, flora, fauna or aggregate of any kind from any public trust tideland; (ii) the dumping, filling or depositing of any soil, stones, sand, gravel, mud, aggregate of any kind of garbage, either directly or indirectly, on or in any public trust tideland; (iii) killing or materially damaging any flora or fauna on or in any public trust tideland; (iv) the erection on public trust tideland of structures which materially affect the ebb and flow of the tide; (v) the erection of any structure or structures on suitable sites for water dependent industry; (vi) any exclusive use of the public trust tidelands by anyone for some benefit; (vii) any use that alters the character and, therefore, the value of the public trust tidelands; (viii) any commercial use of the public trust tidelands (excluding commercial fishery operations); (ix) any construction of buildings or wharves, docks, or permanent or semi-permanent structures; and any exclusive economic use of riparian/littoral public trust tidelands by the upland property owner not specifically defined or "granted" as riparian/littoral "rights" pursuant to M.C.A. § 49-27-7(e).
B. Applicant: Any person making application for a lease of public trust tidelands.
C. Aquaculture: The rearing of any plant or animal during all or any part of its life cycle in an aquatic environment.
D. Assignee: A person to whom a transfer or assignment of some interest in property is made.
E. BMR: Mississippi Department of Wildlife, Fisheries & Parks, Bureau of Marine Resources.
F. Claimant: Any person who asserts an ownership interest in public trust tidelands adverse to the State of Mississippi as Trustee.
G. Coastal Wetlands Law: Mississippi Coastal Wetlands Protection Law, M.C.A. § 49-27-1 et seq., effective from and after July 1, 1973.
H. Dry land: Land which is above the mean or ordinary high tide line; fast lands or uplands.
I. Easement: A nonpossessory interest in public trust tidelands created by a grant or agreement which confers the limited right, liberty and privilege to use said public trust tidelands for a specific purpose and during a specific time.
J. Ecology: Living things in relation to each other and to their environment.
K. Lease: An interest in public trust tidelands designated by a contract creating a landlord-tenant relationship between the State of Mississippi as landlord or lessor and the applicant as tenant or lessee whereby the Secretary of State, with the approval of the Governor, grants and transfers to the applicant the use, possession and control of specified public trust tidelands, for a determinate number of years, with conditions attached, at a specified rental.
L. Leaseholder: Person who has an estate in public trust tidelands from the State of Mississippi through an instrument of lease executed with the Secretary of State; lessee.
M. Leasehold interest: The interest which the leaseholder has in the value of the lease itself.
N. Leasehold value: The value of the leasehold interest.
O. Littoral: Pertaining to property abutting an ocean, sea or lake rather than a river or stream (see riparian).
P. Market value: The most probable price in terms of money which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus.
Q. Mean High Water: The arithmetic mean of all the high waters occurring in a particular nineteen-year tidal epoch period or for a shorter period of time after corrections are applied to the short term observations to reduce these values to the equivalent nineteen-year value.
R. Net adverse impact: Any degree of overall reduction or loss of public trust tidelands and/or tidelands functions after mitigation is completed.
S. Occupancy: Any act of possession.
T. Person: A natural person, partnership, joint stock company, corporation, unincorporated association or society, or the state and any agency thereof, or any county, municipality, or political subdivision, or any other corporation of any character whatsoever.
U. Public access: Direct and free access by members of the general public to the lands and waters and their waterbottoms which constitute the public trust tidelands, or the portion thereof which is the subject of a lease.
V. Reclamation: The process of restoring land which has become submerged or artificially altered fast land to its original botanic and/or geological condition.
W. Riparian: Pertaining to property abutting a river or stream rather than the ocean or sea (see littoral).
X. Submerged land or submerged waterbottoms: Lands which remain covered by waters, where the tides ebb and flow, at ordinary low tides.
Y. Tidelands: Those lands which are daily covered and uncovered by water by the action of the tides, up to the mean line of the ordinary high tides.
Z. Upland: Land which is above the mean high tide line; dry land or fast land.
AA. Use: To serve for any purpose of an occupant or lessee.
1 Miss. Code. R. 11-2.2