Section 11-8-2.3-25-2539 - Prime Farmland Investigation(a) All permit applications, whether or not prime farmland is present, shall include the results of a reconnaissance inspection of the proposed permit area to indicate whether prime farmland exists. The Department, in consultation with the U.S. Natural Resources Conservation Service, shall determine the nature and extent of the required reconnaissance inspection.(b) Land shall not be considered prime farmland where the applicant can demonstrate one of the following: (1) the land has not been historically used as cropland;(2) the slope of the land is 10 percent or greater;(3) other factors exist, such as a very rocky surface, or the land is frequently flooded during the growing season, more often than once in two years, and the flooding has reduced crop yields;(4) on the basis of a soil survey of lands within the permit area, there are no soil map units that have been designated prime farmland by the United States Natural Resources Conservation Service.(c) If the reconnaissance inspection establishes that no land within the proposed permit area is prime farmland historically used for cropland, the applicant shall submit a statement that no prime farmland is present. The statement shall identify the basis upon which such a conclusion was reached.(d) If the investigation indicates that lands within the proposed permit area may be prime farmlands, the applicant shall contact the United States Natural Resources Conservation Service to determine if a soil survey exists for those lands and whether the applicable soil map units have been designated as prime farmlands. If no soil survey has been made for the lands within the proposed permit area, the applicant shall cause such a survey to be made:(1) when a soil survey of lands within the proposed permit area contains soil map units which have been designated as prime farmlands, the applicant shall submit an application in accordance with § 2907 for such designated land;(2) when a soil survey for lands within the proposed permit area contains soil map units which have not been designated as prime farmland after review by the United States Natural Resources Conservation Service, the applicant shall submit a request for negative determination for non-designated land with the permit application establishing compliance with § 2539(b).11 Miss. Code. R. § 8-2.3-25-2539
Miss. Code Ann. §§ 53-9-11, 53-9-25, 53-9-33 and 53-9-1, et seq.