In cases where a permit is required for the erection of structures on suitable sites for water dependent industry, because the structure is being built by a non-water dependent industry, the Department will consider the following in making its recommendations, along with comments received through the policy coordination procedures.
102.01 Factors in favor of granting a permit: 102.01.01 Technical and economic requirements; great weight will be given to granting permits for expansions of industries located on the waterfront, where such expansion involves the use of product outputs; by products, or common production facilities.102.01.02 Where failure to grant permit would render site unsuitable for beneficial uses.102.01.03 Where the proposed structure would not impair future waterfront industrial development of the site.102.01.04 Good faith plans for waterfront uses (plans for speculative wetland filling will not be considered "good faith").102.01.05 Uncommonly high ratios of new jobs to the area of the site proposed for development.102.01.06 Where a special area management plans provides for the activity in question.102.02 Factors for conditioning or denying a permit: 102.02.01 Where alternative, feasible sites exist.102.02.02 Where siting is not required on technical or economic grounds.102.02.03 Where a permit would result in an activity inconsistent with the Mississippi Coastal Program.102.02.04 Where a permit would result in an activity injurious to public health and safety.22 Miss. Code. R. 23-09-102