[From the U.S. Government Printing Office, www.gpo.gov]






   A Coastal User's Guide
          to the Louisiana
Coastal Resources Program






          |PBOHESS*PROTECTIOftSTEWRROSHIP











                    A publication of the Louisiana Department of Natural Resources
                    pursuant to National Oceanic and Atmospheric Administration
  %q,'l~~"e~         ~ Award No. NA470Z0223

















                A Coastal User's Guide

to the Louisiana Coastal Resources Program






     A publication of the Louisiana Department of Natural Resources
     pursuant to National Oceanic and Atmospheric Administration
     Award No. NA470Z0223.








                    This document was prepared by:

               Applied Technology Research Corporation
                          727 Spain Street
                    Baton Rouge, Louisiana 70802
                           (504) 3834622

                        undera contractwith:

             The Louisiana Department of Natural Resources
                     Coastal Management Division
                           P.O. Box 44487
                     Baton Rouge, LA 70804-4487
                           1-800-2674019









                                    TABLE OF CONTENTS


            L    PURPOSE OF THIS MANUAL

            IL   INTRODUCTION
                       THE COASTAL ZONE
                       LAND LOSS 
                       LOUISIANA COASTAL RESOURCES PROGRAM
                       COASTAL MANAGEMENT PROGRAMS

            II   PROGRAM BOUNDARY
                       INTRODUCTION
                       LOUISIANA COASTAL ZONE BOUNDARIES
                       EXCLUDED FEDERAL LANDS

            IV.  PROGRAM GUIDELINES

            V.   APPLYING FOR A COASTAL USE PERMIT
                       THE APPLICATION PROCESS
                       COASTAL USE PERMIT FEES
                       APPLICATION FEE
                       PERMIT PROCESSING FEE
                       WHO HAS TO PAY
                       APPLICATION CHECKLIST

            VI.  RULES AND PROCEDURES FOR COASTAL USE PERMITS

            VII. LOCAL COASTAL PROGRAMS

            VIII. FEDERAL COASTAL ZONE MANAGEMENT CONSISTENCY APPEAL
            PROCEDURES

            IX   SPECIAL AREAS

            X.   PUBLIC HEARINGS

            XI.  APPENDICES

                       A.   CHAPTER 7, TITLE 43 -COASTAL MANAGEMENT REGULATIONS
                       B.   R.S.49214.21 SUBPART C - LOUISIANA COASTAL RESOURCES
                              PROGRAM LEGISLATION
                       C.   SAMPLE FORMS





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                                  PURPOSE OF THIS MANUAL



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                                          PURPOSE


        The purpose of this manual is to provide an updated document which reflects the changes
in legislation and regulations, and to provide essential informiation needed by the public concerning
the Louisiana Coastal Resources Program. This manual does not replace the original Louisiana
Coastal Resources Program Final Environmental Imnact Statement (FEIS) which is the official
program document for Federal approval pursuant to the Coastal Zone Management Act.


        This manual provides concise and up-to-date information on how to apply for a coastal use
permit. There is also information included concerning local (parish) programs. The first ten
sections of the manual are descriptive in nature. They are followed in the Appendices by the
complete regulations and requirements of the Louisiana State and Local Coastal Resources
Management Act of 1978, as amended, as well as various forms needed in the application process.


        As the designated lead agency for the Coastal Resources Program, the Louisiana
Department of Natural Resources has compiled this information for public use and understanding
of the program it is responsible for administering. As the program develops or as legislation
changes, amendments to Nhs document will be made by the Coastal Management Division.


        If there are any questions regarding the informnation contained in this manual they may be
addressed in writing to the Coastal Management Division, Department of Natural Resources, P.O.
Box 44487, Baton Rouge, LA 70804-4487 or by calling 1-800-267-4019.






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                                                            Rlls  I, ROIC1  01 SI'

                                                     INTRODUCTION


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                                                        INTRODUCTION

                      Louisiana has 15,000 miles of winding shoreline that extends from the Pearl River westward to the
              Sabine River.
                      The delicate coastal zone habitats, located in nineteen southern parishes, are an intricate inter-
              weaving of ecological systems. Renewable coastal resources include numerous species of wildlife,
              waterfowl, and wetlands that support highly productive fisheries and fur industries. Non-renewable
              resources are abundant, with crude oil, natural gas, sulphur, and salt being most common.
                      Covering 8.5 million acres, the Louisiana Coastal Zone includes large open bays and lakes, barrier
              islands, cheniers, and natural levee forests. The marshes, swamps, and bottomland hardwoods that sprawl
              inland from the Gulf of Mexico comprise 41 percent of the continental U.S. coastal wetlands.
                      Almost one-third of Louisiana's people live in the coastal area. For ecological, economic, and
              recreational reasons, this vast ecosystem is priceless. If lost, it cannot be replaced.


              THE COASTAL ZONE


                       Because the coastal zone is ecologically and economically among the world's richest estuarine
              regions, it is of vital public interest. The magnitude of the value of the Coastal Zone and the significance of
              sound public policies and management are underscored by the following facts:


                      *   Louisiana has 5,000 miles of navigable waterways and a 19,000 mile inland waterway system,
                          most of which is in the Coastal Zone.
                      ï¿½ The state's natural gas production, much of which is in the coastal zone, ranks first in the
                          nation.
                      ï¿½ Shrimp and oysters are more plentiful in Louisiana waters than in any other coastal area.
                      *   Freshwater fisheries production in Louisiana is the nation's No. 1 catch in value and poundage.
                      ï¿½ More than a million pelts, including nutria, muskrat, beaver, mink, and otter, are usually taken
                          each season in the coastal zone.
                      ï¿½ Louisiana coastal marshes are North America's largest wintering ground for migratory
                          waterfowl.
                      ï¿½ Coastal crops of rice, sugarcane, and soybeans are valued in the hundreds of millions of
                          dollars, annually.


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                             Louisiana's oil and natural gas industries are important to the state's economy, providing
                     taxes and jobs. Proven reserves of both resources are ranked among the nation's largest. Most oil
                     and gas production activity occurs in south Louisiana and offshore in state and federal waters of
                     the Gulf of Mexico. Louisiana's coastal zone holds abundant reserves of crude oil and natural gas
                     and is a region of major exploration, production and refining activity.
                             Commercial development occurs in the Coastal Zone as a result of the high population
                     density and includes a broad range of activities: residential communities, seafood processing plants,
                     harbors and marinas, shipbuilding facilities and related marine industries, motels and restaurants,
                     marsh management programs, and other interests.
                             Louisiana citizens benefit greatly from coastal resources. Benefits begin with the natural
                     cycles of the wetlands, which renew wildlife habitats, nourish the food chain that supports fisheries
                     and fur industries, build new wetlands and barrier islands to protect the coast from storms, and
                     provide lakes, bays, and bayous for sport fishing, boating, and waterbome transportation.


             LAND LOSS


                      Louisiana wetlands are being lost at the rate of approximately 25 - 30 square miles a year.
             Nationwide, more than 100 million acres, one-half of all wetlands, have been converted to open water or
             other habitats since colonial times.
                      In Louisiana, wetlands are lost naturally through compaction and sinking, saltwater intrusion that
             kills vegetation, hurricane and storm damage, wind and wave erosion, lack of sedimentation, and other
             processes.
                      Man-induced losses occur from dredging and spoil disposal, levee building, canal digging, mineral
             extraction, agricultural practices, and industrial and urban expansion.


             LOUISIANA COASTAL RESOURCES PROGRAM


                      The Coastal Management Division (CMD) of the Louisiana Department of Natural Resources is
              charged with implementing the Louisiana Coastal Resources Program (LCRP) under authority of the State
              and Local Coastal Resources Management Act (SLCRMA) of 1978, as amended (LA. R.S. 49:214.21 -
              214.41).




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        This law seeks to protect, develop, and where feasible, restore or enhance "he resources of the
state's Coastal Zone. Its broad intent is to encourage multiple uses of resources and adequate economic
growth while minimizing adverse effects of one resource use upon another without imposing undue
restrictions on any user.
        Besides striving to balance conservation and resource use, the policies of the LCRP also help to
resolve user conflicts, encourage Coastal Zope recreational values, and detennine the future course of
coastal development and conservation.
       The CMD regulates development activities and manages the resources of the Coastal Zone. A
Coastal Use Permit (CUP) Program has been established by the Act to help ensure the management and
reasonable use of the state's coastal wetlands.


COASTAL MANAGEMENT PROGRAMS


        1.      Permits/Mitigation Programs Branch


               Permits Section
                       The Coastal Use Permit is the basic regulatory tool of CMD and is required for
               certain projects in the Coastal Zone, including but not limited to dredge and fill work,
               bulkhead construction, shoreline maintenance, and other development projects. A prime
               concern of the CUP Program is to regulate activities that may increase the loss of wetlands
               and aquatic resources, as well as to reduce conflicts between coastal resource users.
                       The Coastal Management Division of the Louisiana Department of Natural
               Resources administers the Coastal Use Permit (CUP) Program to grant permits for
               projects in the Coastal Zone.
                       Applying for a permit and processing your application are not difficult procedures,
               but they can take time. Application processing requires a minimum of 47 days if all
                necessary information is received with the application.
                       The CUP Program requires persons planning public, private, or commercial
               projects within the Coastal Zone to apply for permission to proceed with the projects.
                Activities frequently undertaken in the Coastal Zone by state, parish, and local
                governmental agencies, as well as private citizens, that may require permits include dredge
                and fill projects; piers, bulkheads, or other shoreline modifications; boat slips; sewage



                                                II - 3








        treatment plant siting; waste-water discharge; drainage projects; :pumping facilities and
        marsh management activities.
                If an oil and gas drilling project will not cause environmental alteration, it is likely
        that a permit will not be required. However, in order to get a permit from the Louisiana
        Office of Conservation. it may be necessary for CMID to provide a statement that a CUP is
        not required. To have this done, send CMi) a vicinity map and a drilling plat (location
        plotted and given in latitude and longitude) along with a letter explaining the nature of the
        project. If CMD approves, the statement will be forwarded to the Office of Conservation.


        Mitigation Section
                During the Coastal Use Permit review process the permit staff works with
        applicants to insure that impacts to coastal habitats are avoided and/or minimized, but
        activities performed in the Coastal Zone often cause unavoidable impacts, such as wetland
        alteration. In such cases the LCRP's goal of no net loss of wetlands due to permitted
        activities cannot be accomplished without offsite habitat compensation, and the Mitigation
        Section Staff is responsible for analyzing impacts and recommending appropriate
        compensation. Essentially, this means that, for every acre of wetlands unavoidably lost, an
        acre of wetlands must be created (or existing wetlands must be enhanced) to the extent that
        an additional acre of habitat value is created somewhere else. Wetlands may be created by
        diverting river sediment into shallow water areas to form deltas and by taking sediment
        from open water or elevated borrow sites and placing it into shallow water areas to levels
        which will support wetland plants. The habitat value of wetlands may be enhanced by
        managing water flow, planting desirable vegetation, and or protecting them from erosion.
        Some examples of the ways applicants may accomplish offsite mitigation are by
        performing the work themselves, combining their resources with other applicants, or
        contributing funding to an approved compensation project or mitigation bank.


2.      Interagency Affairs Branch


        Local Proorams Section
                Local coastal management programs give parish governments the authority to
        issue permits for projects of local concern in the Coastal Zone. Parish programs are first



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reviewed by state and federal agencies before they may be adopted The parish
government is, in most instances, the permitting agency for projects limited to local
concern State permitting authority is still retained over uses of state concern in the
Coastal Zone. To date, eight Louisiana parishes have approved Local Coastal Programs
(LCP's). They are, Jefferson, Orleans, St. Bernard, Cameron, St. James, Lafourche, St.
Tammany and Calcasieu.


Consistency Section
        The Consistency Section determines whether the activities of governmental
agencies are consistent with the LCRP. The section reviews activities for compliance with
the policies, goals and objectives of LCRP, giving particular attention to environmental,
economic and cultural concerns. Authority is exercised over some state and all federal
agency and federally funded projects, including offshore drilling outside state waters.
Federal projects include, for example, navigation, flood control, hurricane protection and
freshwater diversion.


Coastal NonDoint Pollution Control Proeram
        The federal government has charged each coastal state with the responsibility of
developing a program to reduce pollutants from "nonpoint" or widely diffuse sources that
may impact the coastal waters as carried there through stormwater runoff. A statewide
nonpoint source program, administered through the Louisiana Department of
Environmental Quality (LDEQ), is currently in effect to protect the quality of streams,
lakes, and groundwater. The coastal program is separate from LDEQ's program. The
Coastal Nonpoint Pollution Control Program (CNPCP) is being developed by the staff of
the Louisiana Department of Natural Resources (LDNR), the designated lead agency for
this program, with input from other agencies and the public.
        In the development of this program fifty (50) management measures or problem
issues are being addressed. From these problem issues the staff will develop:
a) enforceable policies to help insure that the problems are tackled, and
b) Best Management Practices (BMP's) as suggested specific steps that can be taken by
    individual land users to help reduce the delivery of these pollutants from land to water.








               For further information on this developing program, contact the Coastal
        Management Division at 1-800-267-4019.


        Snecial Area Management
                An area in the Coastal Zone may be nominated for designation as a special area by
        any person, local government, or state agency. The CMD assumes the role of advisor to
        the Governor in appointing a task force to recommend guidelines for the management of
        the area of concern. Special areas must have unique and valuable characteristics, require
        special management procedures, and be managed for a purpose of regional, state or
        national importance.


3.      Support Services Branch


        Enforcement and Monitoring Section
                The Enforcement and Monitoring Section ensures that any unauthorized projects
        in the Coastal Zone are investigated and action is taken according to the Louisiana Coastal
        Resources Management Act. The program also monitors activities permitted by the CUP
        Program for compliance with permit conditions. The program also gives the secretary of
        DNR the authority to enforce legal and administrative procedures, including fines, cease
        and desist orders, and restorative or mitigation work. The field investigative staff
        regularly monitors the entire coastal area for compliance with permit conditions, and for
        unauthorized activities. There are field offices in New Orleans, Houma, Lafayette, and
        Lake Charles.


        Public Information and Education Section
                CMD's information program is designed to inform and educate the general public,
        business and industry about the Division's programs, policies and functions. A series of
        brochures, a regular newsletter, and other printed materials are also available free to the
        public. Among the literature available are brochures on the Coastal Use Permit Program
        and other CMD programs, including information on how coastal residents can help
        management programs succeed. Staff members are available to give slide shows as well as





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make presentations to classes and other groups. Program managers are available to meet
on request with persons wanting more information on CMD efforts.


Coastal Management Geom'aDhic Information System and Image Processing System
        These systems are two aspects of a computer-based data storage retrieval and
analysis program to determine the condition of the Louisiana coastal wetlands. Using
these highly technical systems, the CMID staff can conduct routine environmental impact
studies before issuing permits and can provide research for most other programs. Creation
and analysis of digital maps and use of satellite imagery provide information on rapidly
changing coastal habitats, allowing for effective management of the Coastal Zone.








































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                           PROGRAM BOUNDARY









                                     PROGRAM BOUNDARY

A)   INTRODUCTION

       The boundaries of the coastal zone are divided into four elements: the inland boundary, the seaward
boundary, areas excluded from the coastal zone and interstate boundaries.

       The Federal regulations require that the inland boundary include seven geographical or management
elements:

          *  those areas wre management of which is necessary to control uses which have a direct and
              significant impact on coastal waters;
          *  designated special management  areas identified pursuant to the federal coastal zone
              management program approval regulations;
          *  all transitional and intertidal areas which are subject to coastal storm surge;
          *  beaches affected by wave action directly from the sea;
          *  islands;
          *  salt marshes and wetlands; and
          *  waters under saline influence.


       The regulations also require that the inland boundary must be presented in a manner that is clear
and exact enough to permit determination of whether a property or an activity is located within the
management area and that seaward boundaries are established as the three mile outer limit of the United
States territorial sea. (See Coastal Zone Map following this section.)

B)   LOUISIANA COASTAL ZONE BOUNDARIES

Inland Boundary

        The inland boundary for the State of Louisiana contains all or part of nineteen parishes: In
general, this boundary begins at the state line of Texas and Louisiana in the west and proceeds easterly
through the parishes of Calcasieu and Cameron then south through Vermilion, Iberia, St. Mary, St. Martin,
Assumption, Terrebonne and Lafourche. The boundary then turns to the north to include the parishes of
St. Charles, St. John the Baptist, St. James and then east again through Livingston, Tangipahoa and St.
Tammany parishes to the Mississippi state line. The only parishes whose boundaries are completely within
the coastal zone are the parishes of Orleans, Jefferson, St. Bernard, Plaquemines, St. John the Baptist, St.
James and St. Charles.
        A complete legal description of the Coastal Zone boundaries can be found in Appendix B, pages
351 - 352.

Interstate Boundaries









       The eastern lateral boundary of the coastal zone for purposes of this program is the Louisiana-
Mississippi State Line. The boundary is as defined by the U. S. Supreme Court decision rendered in the
case of the State of Louisiana vs. the State of Mississirmi, 201 US 1 (1906).
       The western lateral boundary of the coastal area for purposes of this program is the Louisiana-
Texas State Line as defined by the U. S. Supreme Court decision rendered in the case of the State of Texas
vs. the State of Louisiana, 43 1, US 161 (19(77).

Seaward Boundary

       The seaward boundary of the coastal area for purposes of this program is the outer limit of the
United States territorial sea. The seaward limits, as defined in this section, are for purposes of this
program only and represent the area within which the state's management program may be authorized and
financed. These limits are irrespective of any other claims Louisiana may have by virtue of the Submerged
Lands Act or any changes that may occur as a result of the operation of Fisheries Conservation and
Management Act of 1976.

C)   EXCLUDED FEDERAL LANDS

       In accordance with Section 3 04(a) of the Coastal Zone Management Act of 1972, all federal lands
owned, leased, held in trust or whose use is otherwise subject solely to the discretion of the federal
government are excluded from the Louisiana coastal zone. However, any activities or projects which are
conducted within these excluded lands that have direct effects on the lands or water of Louisiana's coastal
zone are subject to the consistency provisions of the CZMA.






























                                                III - 2



























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                           w  PROGRAM GUIDELINES
                           PROGRAM GUIDELINES









                                   PROGRAM GUIDELINES

        The Louisiana State and Local Coastal Resources Management Act (SLCRMA) of 1978
requires decision making criteria that will protect, develop, and where feasible, restore the natural
resources of the state while providing for adequate economic growth and development. In order to
accomplish these sometimes conflicting goals, the guidelines are organized as a set of performance
standards to evaluate the impacts of a proposed action on coastal resources.


        The purpose of this section is to explain how to use these guidelines. The guidelines
themselves can be found in Appendix A, pages 5 - 10. When reviewing a proposed coastal use for
compliance with the LCRP, the guidelines must be read in their entirety. In malking a decision as to
whether or not a particular proposed use complies with the guidelines, all applicable guidelines must
be considered and complied with.


        ï¿½701B requires that a proposed use must conform with all applicable laws, standards, and
regulations.


        ï¿½70IF is an informational guideline; it provides a list of those factors which will be
considered in evaluating applications for permits. The guideline requires that full consideration be
given to all relevant factors. It is the responsibility of the applicant to comply with the agency's
requests for information.


        ï¿½701G provides a general listing of impacts which the LCRP has identified as being
appropriate to avoid or minimize.


       In some 44 of the 94 guidelines, the term "maximum extent practicable" (often referred to as
"MEP") is used. An understanding of this term and how it is utilized is an essential element of the
coastal use permit decision making process. The term "MEP" is an integral part of the decision
making process set forth in ï¿½70111. The purpose of this guideline is to delineate the manner in which
the benefits and impacts of the proposed use, as well as available alternatives, are reviewed and
balanced. This process establishes the basis upon which discretion can be exercised to achieve an
appropriate balance between the need for conservation of Louisiana wetland resources and the need
for continued economic growth and development. This process also establishes the mechanism by
which the impacts of permitted uses may be minimized.

        Nevertheless, ï¿½701H is only applicable when triggered by other guidelines in which the term

                                            IV-1









"MEP" appears. It is not applicable to any other guidelines and does not stand as a general process
to be used in every case.


        The use will be in compliance with the guidelines and may be permitted if, "after a systematic
consideration of all pertinent information regarding the use, the site and the impacts of the use as set
forth in ï¿½701F, and a balancing of their relative significance," the decision maker finds that the
proposed use meets all of the three following tests:


        (1)    "The benefits resulting from the use would clearly outweigh the adverse impacts that
                would result from compliance with the modified standard," and


        (2)    "There are no feasible and practical alternative locations, methods, or practices for
                the use that are in compliance with the modified standard," and


        (3)    "The use meets one of the following three criteria:

                (a)        Significant public benefits will result from the use, or,


                (b)        The use would serve important regional, state or national interests,
                           including the national interest in resources and the siting of facilities in
                            the coastal zone identified in the coastal resources program, or,

                (c)        The use is coastal water dependent."


        If, but only if, the proposed use meets all three of the above criteria, may it then be permitted
If the agency determines that the use should be permitted, then permit conditions must be developed
in order that adverse impacts resulting from the use are minimized.


        The three tests provided for in ï¿½701H are to be carried out as follows:


        The first test resembles a cost benefit analysis. However, this is not a conventional cost
benefit analysis because environmental harms generally cannot be quantified in monetary terms.
Therefore, the process is more in the nature of a subjective test which places heavy emphasis on the

                                              IV-2









value of the natural resources and the value to the public from the proposed use.


        The second test assumes that if another location or design for a proposed use is available
which would allow the use to be successfully carried out, it must be utilized. This consideration of
alternatives should be similar to the process provided for under Section 102 of the National
Environmental Policy Act. In considering what alternatives are feasible and practical, the decision
maker must consider the alternatives legally and economically available to the particular person
applying for the permit. However, the decision maker is not held to the options economically
available to the applicant. The test is what alternatives would be available to a reasonable person in
a normal situation. An undercapitalized applicant should not be permitted to damage or destroy
important public resources when a well financed one is prevented from doing so.


       The third test is made up of three criteria, only one of which must be met. The first is whether
significant public benefits will result from the use. These public benefits must go to the public as a
whole, not to just a few individuals in the locality, and must be measurably substantial.

        The second criteria is whether the use will serve important interests of greater than local
concern. This assures that those projects which are important to the region, to the state, or to the
nation, are assured full consideration.


        The third criterion is whether the use is coastal water dependent. This criterion recognizes
that there are sometimes only a limited range of location alternatives for water dependent uses.


















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              HPp OIWSS FoI CllOnSTEWRROSKIP



      APPLYING FOR A
COASTAL USE PERMIT










                                 APPLYING FOR A COASTAL USE PERMIT (CUP)

                The Coastal Use Permit (CUP) process is part of the Louisiana Coastal Resources Program (LCRP),
        which is an effort among Louisiana citizens, as well as state, federal and local advisory and regulatory agencies
        to preserve, restore and enhance Louisiana's valuable coastal resources. The purpose of the Coastal Use Permit
       process is to make certain that any activity affecting the Coastal Zone, such as a project that involves either
       dredging or filling, is performed in accordance with guidelines established in the LCRP. The guidelines are
       designed so that development in the Coastal Zone can be accomplished with the greatest benefit and the least
        amount of damage. The following information describes the steps involved in applying for a Coastal Use Permit.
        An annlication checklist is nrovided for the convenience of the annlicant but is not a reouired nart of the
        annlication submittal. Submitting an application for a CUP does not imply that a CUP will be required. An
        application is simply one step in following the Rules and Procedures for CUP's so that the Coastal Zone will be
       protected.

                Applying for a Coastal Use Permit, and doing it correctly, is not difficult, but it does require attention
        to detail. Be as thorough as possible and submit all the required information with the original application. If the
        information and/or drawings provided are inadequate, the permitting process will be delayed. The importance
       of properly submitted applications cannot be overemphasized.

       Listed below are the steps necessary to ensure a correctly completed application.

                Step 1: The Application Form: Obtain a U.S.- Army Corps of Engineers ENG. Form 4345 permit
                application form and fill it out completely. A copy of ENG. Form 4345 can be obtained by contacting
                the Coastal Management Division at 1-800-267-4019. You can also write to the Coastal Management
                Division at P.O. Box 44487, Baton Rouge, LA 70804-4487 for this information. Continue on
                additional sheets of paper if the form does not contain enough room for complete answers, but if you do
                use additional sheets, please be sure to list the block number(s) which the additional sheet(s) is intended
                to complete.

                        The form has numbered blank spaces. The following is a guide as to how to fill in those blanks
                listed by block number:

                        1. - 4.  Blocks on the Top Line:  eave these blank This part will be filled out by CMD staff.

                        5.      Applicant's Name: Complete name of the person(s) proposing to do the work, or for
                                whom the work will be done. If the responsible party is an agency, company, or other
                                organization, indicate the responsible officer and title.

                        6.      Applicant's Address: Provide the complete address of the person(s) proposing to do
                                the work.

                        7.      Applicant's Phone Nos. W/Area Code:  Provide the telephone number of your
                                residence and place of business.

                        8.      Authorized Agent's Name and Title: You may wish to have an agent or contractor
                                represent you on the application. If you do, please list your agent's name and title here.
                                Leave blank or enter "NA" if you do not have an agent.


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9.      Agent's Address: Enter the agent's address in this blank.

10.     Agent's Phone Nos. W/Area Code: Enter the agent's telephone numbers.

11.     Statement of Authorization: If you choose to use an agent or contractor, please be
        sure to fill out the statement of authorization, sign, and date it. If you do not do this,
        the CMD staff will not know for certain whether this agent is actually authorized by
        you. As a result, processing of your permit application will be delayed until CMID is
        able to verify this.

12.     Project Name or Title:  Please provide the name of the proposed project (i.e.,
        Landmark Plaza, Burned Hills Subdivision, John Doe Well No. 1, etc.).

13.     Name of Waterbody:  If your project is on a waterbody, give the name of the
        waterbody. If the project is to be located on an unnamed stream, identify the named
        waterbody the unnamed stream enters.

14.     Project Street Address: If your project is located at or a street address (not a box
        number), please list it in this blank.

15.     Location Of Project: Put the parish in which your project is to be located in the blank
        labeled "county" and put "Louisiana" or "La." in the line labeled "state."

16.     Other Location Descriptions, If Known: Enter the Section, Township, and Range
        of the proposed activity. Latitude and Longitude coordinates must be included for large
        commercial projects, but they are not required for non-commercial activities. Please
        be advised that in order for CMD to process your application, it must contain either
        Section, Township and Range or Latitude and Longitude coordinates of the activity.

17.     Directions to the Site:  Provide directions to the site from a known location or
        landmark. Include highway and street numbers as well as names. Also provide
        distances from known locations and any other information that would assist in locating
        the site.

18.     Nature of Activity: A detailed description of the proposed project is essential. Please
        describe what structures, if any, currently exist in the vicinity, in addition to the activity
        that is being proposed. Include dimensions/sizes of all structures that are now there as
        well as any that you want to construct.

19:     Project Purpose: You need to specify the goals and objectives of your proposed
        project. Please indicate whether the project is for private, recreational or commercial
        use. Describe your anticipated benefits. Also please provide approximate dates you
        plan to both begin and complete all work.

20.     Reason(s) For Discharge: If the activity involves the discharge of dredged and/or fill
        material into a wetland or other waterbody, including the temporary placement of
        material, explain the specific purpose of the placement of the material (i.e., erosion


                                   V-2









                                      control, restoration of wetlands, spoil disposal, etc.).

                              21.    Type(s) of Material Being Discharged and the Amount Of Each Type In Cubic
                                      Yards: A description of the volume, in cubic yards, of the type of fill to be used or
                                      material to be dredged, the source of the fill or dredged material, and how it will be
                                      deposited, is necessary. For example, is the fill from an upland site or will it be dredged
                                      from areas adjacent to the project?

                              22.    Surface Area In Acres Of Wetlands Or Other Waters Filled: Describe the area to
                                      be filled at each location. Specifically identify the surface areas, or part thereof, to be
                                      filled. Also include the means by which the discharge is to be done (backhoe, dragline,
                                      etc.). If dredged material is to be discharged on an upland site, identify the site and the
                                      steps to be taken (if necessary) to prevent runoff from the dredged material back into
                                      a waterbody.

                              23.    Is Any Portion Of The Work Already Complete: Please place a check or "X" in the
                                      appropriate "Yes" or "No" blank. If this work was authorized by CMD under another
                                      CUP, please provide the CUP number. Please also list the Corps of Engineers permit
                                      number of the previous work Remember to clearly indicate on any maps, plats, or other
                                      drawings, what work was performed under the previous authorization. This work
                                      should be clearly marked so that CMD can distinguish between what has already been
                                      performed and what is being proposed.

                              24.    Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins
                                      The Waterbody:  This should include full name, street, route or P.O. Box,
                                      municipality, state, and zip code. A name only will not be enough.

                              25.    List Of Other Certifications Or Approval/Denials Received From Other Federal,
                                      State Or Local Agencies For Work Described In This Application: List all
                                      approvals, certifications, denials, etc. that you have received for this proposed activity
                                      from other federal, state, or local agencies. A listing of these certifications is required
                                      for all structures, discharges, or other activities that are a part of your proposed project.

                              26.    Signature of Applicant or Agent: The application should be signed by the owner or
                                      other authorized party (agent). This signature shall be an affirmation that the party
                                      applying for the permit possesses the requisite property rights to undertake the activity
                                      applied for (including compliance with special conditions, mitigation, etc.).

              The steps required to ensure a correctly completed permit application form are continued below.

                      Step 2. Coastal Zone Management Consistency Certification: If the following statement is not
                      printed on the form, either write it in one of the blocks, or include it on an additional sheet of paper.

                              "To the best of my knowledge the proposed activity described in my permit application
                              complies with Louisiana's approved coastal management program and will be conducted in a
                              manner consistent with the Louisiana Coastal Resources Program."




is V-3









Step 3. Vicinity' Map: It is necessary to include a vicinity map showing the location of your project
relative to the surrounding area A copy of part of a United States Geological Survey quadrangle map
with your project location clearly outlined is best, but any other map of a reasonable scale (e.g. 1:24,000)
clearly depicting the project site is acceptable.

Step 4. Drawings: Good drawings are absolutely necessaty for the processing of your application.
Your drawings are used to publish a public notice and are one of the primary tools used by the CMD in
evaluating your proposed activity. Inadequate or poor drawings are the primary cause of delays in
acquiring a permit It is very important that you take the time to prepare, or get someone to prepare for
you, a good set of drawings. These drawings need to be accurate, reproducible, and should be drawn to
scale. If you cannot provide drawings to scale, you can submit drawings that are not to scale with the
dimensions of the proposed and existing features of the work area shown. Since these drawings must
be reproduced for inclusion in public notices, they must be on letter-size paper (8-1/2" x 11") and must
be in black and white. Drawings on larger sized paper or that use colors to show different features are
not acceptable. These drawings show the minimum information needed to process a permit application.
A drawing depicting the overall plan, as well as a drawing showing a cross-section of the proposed
project, are both required It is absolutely necessary to include both types of drawings in order to obtain
a Coastal Use Permit. Please be sure that you include a north arrow and all dimensions for any proposed
activities, as well as for those features that presently exist (clearly differentiated, but without using
different colors). You need to also include mean low and mean high water shorelines referenced to mean
sea level or mean gulf datums. The elevation of mean high and low water can usually be obtained from
land surveyors, local engineers, or the Corps of Engineers. You may also estimate mean high and low
water using your knowledge of how high and low the water usually gets in relation to the project site.

Step 5. Landowner Notification Affidavit: Act 970 of the 1993 Regular Session of the Louisiana
Legislature requires applicants for Coastal Use Permits to notify the owner of the property where a
proposed activity is to occur. Prior to a Coastal Use Permit application being considered complete, the
applicant must provide the Coastal Management Division with an affidavit attesting that the landowner
has been notified.

Step 6. Before submitting the application: Time and effort may be saved by first determining if the
proposed project is in the Louisiana Coastal Zone. Projects which are not in the Coastal Zone generally
do not requirea Coastal Use Permit. Maps delineating the Coastal Zone are included with this manual
or are available from the Coastal Management Division. If you have any questions about whether or not
your project is within the Coastal Zone, you should contact the Coastal Management Division by mail
for verification.

Step 7. Where do you send the completed application? If your activity is located in a parish without
an approved local program, you must send your application to the state for processing. If your activity
is located in a parish with an approved local Coastal Management Program you can send your
application to either the parish coastal zone management administrator or to the state. You many consult
ï¿½214.25 on page 352 of Appendix B to determine if whether your activity is of state or local concern,
but if you don't know which it is, the state and/or local government will make the determination within
two working days.

        To submit your application to the state, send eight (8) copies of your completed application, as
well as the $20.00 application fee, to the Coastal Management Division, P.O. Box 44487, Baton Rouge,


                                            V-4









        LA 70804-4487. If your activity will involve dredging or filling of wetlands, CMD will later bill you
        for an additional fee for processing the application, on the basis of $0.04 per cubic yard. If your
        proposed project is determined to be a use of local concern, your $20.00 application fee will be sent back
        to you and your application will be forwarded to the appropriate local coastal program administrator.
        If you wish to get information on how to submit your application electronically, and/or how to pay fees
        bv alternative methods such as electronic transfer of fuinds or credit cards, please contact Bill Pittman
        at 1-800-267-4019.

                To submit your application to the parish local coastal program administrator in a parish with
        an approved Coastal Management Program, please check with your parish CZM Coordinator for
        instructions. A list of those parishes with approved local coastal programs and the contact person(s) is
        included in Section VII of this manual.

                In either case, conies of vour annlication will be forwarded to the I J.S. Armyv Corns of Engineers.
        Louisiana Denartment of Environmental Oualitv and other agencies.

        Step 8. Permit Section staff are available to discuss proposed projects: Should you have any
        questions, or need assistance, please contact the CMD Permit Section at 1-800-267-4019 to discuss your
        project. If you desire, a pre-application conference to discuss your proposed project, possible
        alternatives, information required, application completeness, drawing adequacy, etc., can be scheduled.
        Note, however, that CMD staff are not allowed to fill out or alter any portion of your application.


                                     COASTAL USE PERMIT FEES

        The Department of Natural Resources, Coastal Management Division (CMD) has instituted a fee
schedule for the processing and evaluation of Coastal Use Permits (CUP's) and for the processing of mitigation
activities under the authority of the State and Local Coastal Resources Management Act of 1978. All such fee
revenue is used for the purpose of supporting the operations of CMD. A fee is collected for all CUP applications
and Requests for Determination (RFD's). The fee is in two parts. Each CUP application and RFD is charged
a non-refundable application fee which must accompany the application. If appropriate, a processing fee based
on the total volume of material disturbed (i.e. dredge and or fill activity) may also be charged. The processing
fee is based on a sliding scale of cubic yards disturbed because, as a general rule, the time devoted to processing
an application increases directly with the volume of material disturbed. Therefore, the schedule is designed to
collect fees proportional to the processing cost of each application. Mitigation fees are not applicable to all
activities which receive CUPs, but the mitigation of unavoidable impacts to wetlands by activities permitted by
CUPs is required by the LCRP.


Application Fee

        A $20.00 non-refundable application fee shall accompany each application or request for determination
submitted to the Coastal Management Division (CMD). The non-refundable fee will be charged for all users of
the Coastal Zone, including private citizens, commercial entities, nonprofit organizations, state and local agencies,
and municipalities. If you wish to revise an activity for which you have already received a Coastal Use Permit,
you must submit a new application along with the $20.00 application fee.



                                                    V-5









Permit Processing Fee

        In addition to the non-refundable application fee, a permit processing fee will be assessed according to
the total volume of material dredged or used for fill. This fee will be based on a rate of $0.04 per cubic yard of
dredge and/or fill material, with a maximum of $2000 for any one permit issued.

        The permit processing fee will be assessed for all projects involving more than 125 cubic yards of dredge
or fill material; projects over 50,000 cubic yardi will be assessed the maximum processing fee of $2000.
Examples of dredge and/or fill activities which require a fee include, but are not limited to:

        (I)     private and commercial construction of boat slips;

        (2)     dredge or fill associated with the construction of commercial or private bulkheads, piers,
                 wharves, etc.;

        (3)     canal construction;

        (4)     trenching of pipelines;

        (5)     prop-washing;

        (6)     mitigation activities such as construction of levees, water control structures, plugs, etc.;

        (7)     maintenance dredging;

        (8)     dredging of water bottoms in bays and lakes for shell; and

        (9)     any other dredge/fill activity requiring a Coastal Use Permit.


Mitigation Fees

Mitigation fees are required, as appropriate, for processing individual mitigation proposals, mitigation banking
projects, advanced mitigation projects, and compensatory mitigation variance requests (for more details see
ï¿½423.C.3.f. on page 13 of Appendix A). The mitigation fees for the above categories are found in the text of the
Rules and Procedures for Mitigation (ï¿½424 in Appendix A, pages 20 - 39).














                                                   V-6











                            APPLICATION CHECKLIST


            COMPLETED ENG FORM 4345
            SIGNED AND DATED APPLICATION FORM (APPLICANT AND/OR AGENT FOR).
            CLEAR DESCRIPTON OF ACTIVITY/PURPOSE.
            CUBIC YARDS OF DREDGE/FILL MATERIAL - INCLUDE SOURCE(S) OF FILL
            MATERLAL.
            ALL ADJACENT PROPERTY OWNERS, LEASEES AND LANDOWNERS WHERE
            PROJECT TAKES PLACE. COMPLETE ADDRESSES (NOT JUST NAMES).
            GIVE SECTION, TOWNSHIP, AND RANGE IF POSSIBLE.
            NEED LATTIUDE AND LONGITUDE.
            NEED SCALE AND DIMENSIONS ON ALL DRAWINGS.
            NEED DISTANCE TO CENTERLINE OR OPPOSITE BANK OF STREAM OR WATERWAY
            FROM STUCTURE OR WORK SHOWN ON DRAWINGS.
            NEED DRAWINGS WHICH CLEARLY DEPICT THE PROPOSED AND EXISTING WORK
            AND HIGH AND LOW WATER SHORELINES.
               VICINITY MAP    PLAN VIEW   CROSS SECTION
            SHOW CUBIC YARDS OF DREDGE OR FILL MATERIAL ON DRAWING(S).
            SHOW LENGTH AND SIZE OF PIPELINE(S) ON DRAWINGS.
            PLAN VIEW AND CROSS SECTION DRAWINGS MUST BE CONSISTENT.
            IF USING OLD DRAWINGS TO SHOW NEW OR PROPOSED WORK FOR PERMIT, SHOW
            WORK COMPLETED AS EXISTING AND BE SURE TO REMOVE THE DESIGNATION
            OF "PROPOSED" WHICH WAS A CARRYOVER FOR THE ORIGINAL PERMIT.
            _INFORMATION IN COVER LETTER NEEDS TO BE CONSISTENT WITH THE
            APPLICATION FORM AND DRAWINGS.
            CLEARLY DEFINE AND LABEL THE LIMITS OF DREDGING ON THE DRAWINGS.
            CLEARLY DEFINE AND LABEL PLACEMENT OF DREDGED OR FILL MATERIAL ON
            DRAWINGS.
            INCLUDE MEAN HIGH WATER AND MEAN LOW WATER REFERENCES AS TO
            ELEVATIONS ON THE DRAWINGS.
            NEED 8.5" X 11" DRAWINGS FOR PUBLIC NOTICE. NO LEGAL SIZED OR OTHER
            OVER SIZED DRAWINGS.
            DRAWINGS MUST BE REPRODUCEABLE. LIGHT PENCIL WIILL NOT COPY WELL
            ENOUGH. COLORING TO SHOW DETAILS OF PROPOSED WORK IS NOT ACCEPTABLE
            BECAUSE IT RARELY COPIES.
            $20.00 APPLICATION FEE (CHECK OR MONEY ORDER MADE OUT TO COASTAL
            MANAGEMENT - CASH IS NOT ACCEPTABLE.
            CONSISTENCY STATEMENT - ON APPLICATION FORM OR IN LETTER THAT CAN BE
            ATTACHED TO THE APPLICATION.
            LANDOWNER NOTIFICATION AFFIDAVIT

PLEASE NOTE THAT ADDITIONAL INFORMATION MAY BE REOUIRED AS PROCESSING CONTINUES.
IF YOU HAVE ANY FURTHER QUESTIONS AND WOULD LIKE TO SPEAK TO AN ANALYST, CALL 1-
800-267-4019.

                                  V-7



























                   PR06RESS PROO[C[IO(] SHo$tODSHIr


  RULES AND PROCEDURES
FOR COASTAL USE PERMITS










                RULES AND PROCEDURES FOR COASTAL USE PERMITS

        The coastal use permit regulations provide requirements and procedures for the issuance,
denial, renewal, modification, and revocation of coastal use permits and mitigation of impacts. A
complete copy of these rules and procedures is included in Appendix A - Title 43, pages 10 - 41.


Permit Activities
        A coastal use permit is required for various activities in the coastal zone including but not
limited to such uses as dredging or filling of discharges of dredged or fill material; levee siting,
construction, operation and maintenance; hurricane and flood protection facilities; urban
developments; energy development activities; mining activities; shoreline modification; recreational
developments; and industrial developments. (See complete list in Appendix A) Some activities do
not require coastal use permits. These include but are not limited to such activities as agricultural,
forestry, and aquaculture activities in areas that have consistently had these activities in the past;
maintenance and repair of existing structures; construction of a residence or camp; and construction
and modification of navigation aids. Activities occurring on lands five feet or more above sea level
or in fastlands are generally exempted from the regulations with exceptions as clarified in Title 43.


Permit Annlications
        The coastal use permit regulations contain the procedures for permit application, their
issuance or denial. Appropriate fees will be assessed for each application by the administering
agency, either the Coastal Management Division of the Louisiana Department of Natural Resources
or the administrator of a local (parish) program. The permit application is processed by the
administering agency with a possible public hearing held. With all information gathered, the
administering agency will determine the acceptability of the proposed coastal use permit.


Modification. Susnension or Revocation of Permnits
        There is provision in the regulations for modification, suspension or revocation of permits.
Modifications allow for changes in the permitted use, in the plans and specifications for that use, in
the methods by which the use is being implemented, or to assure that the permitted use will be in


                                                   VI - 1









                   conformity with the coastal management program. Suspension of a permit may occur if the permittee
                   fails to comply with the conditions stipulated in the permit or submits false or incomplete
                   information to obtain the perMIiL A permit may be revoked by the administering agency if warranted
                   after compliance with suspension procedures stipulated in the Act. If the permittee fails to comply
                   with a cease and desist order or the suspension or revocation of a permit, the permitting body shall
                   seek appropriate civil and criminal relief as provided by Sec.214.36 of the SLCRMA.


                   general Permrnia
                           General permits may be issued by the administering agency for the area. These permits are
                   for clearly described categories of uses requiring coastal use permits. After a general permit has been
                   issued, individual uses falling within those categories will not require full individual permit
                   processing unless the administrator determines, on a case-by-case basis, that the public interest
                   requires full review. General permits may be issued only for those uses that are substantially similar
                   in nature, that cause only minimal adverse impacts when performed separately, that will have only
                   minimal adverse cumulative impacts and that otherwise do not impair the fulfillment of the
                   objectives and policies of the coastal management program.


    0*~    ~      Local Coastal Permitsq
                            An application for a permit may be filed with a local government with an approved local
                   coastal program. The local government shall make the initial determination as to whether the use is
                   one of state concern or local concern on all applications filed with the local government. The
                   determination and a brief explanation of the rationale behind the determination shall be forwarded to
                   the Secretary of the LDNR within two (2) working days of receipt of the apparently complete
                   application. The Secretary shall review the decision and rationale and shall let it stand or reverse it.
                   If the Secretary reverses the local decision, notice, including a brief explanation of the rationale for
                   the reversal, shall be sent to the local government within two (2) working days of receipt of the
                   application from the local government. The appropriate permitting body for the use, as determined by
                   the Secretary, shall thereafter be responsible for the permit review process.
                            Any person who proposes to conduct an activity may submit a request, in writing, to the
                   Secretary for a formal finding as to whether the proposed activity is a use of state or local concern


                                                                      VI - 2
                  -~~~~~~~~~             ~VI-2

0









                  within the coastal zone, subject to the coastal use permitting program. The person making the
                  request shall submit with the request a complete application for a coastal use permit and shall
                  provide such additional information requested by the Secretary as may be appropriate.


                  Permit Determinstion.
                          Only the Secretary may determine that a coastal use permit is not required. A permit shall
                  not be required if the proposed use or activity will not occur within the boundary of the coastal zone,
                  does not have a direct and significant impact on coastal waters, or is exempt from permitting. If the
                  determination is that a coastal use permit is required, processing of the application may be
                  commenced or continued. If the determination is that a coastal use permit is not required, the
                  requestor or the applicant may proceed to carry out the activity, provided that the Secretary shall not
                  be stopped from subsequently requiring a permit or issuing cease and desist orders if it is found that
                  the activity as implemented, is significantly different from that shown on the request or application,
                  or does in fact have a direct or significant impact on coastal waters, or otherwise requires a coastal
                  use permit. Other civil or criminal sanctions shall not be available in the absence of fraud, ill
                  practices, deliberate misrepresentation or failure to comply with any cease and desist or other lawful
    _IL~    ~ order of the Secretary.


                  Permit Extension%
                          There are provisions for obtaining permit extensions in the Rules and Procedures for Coastal
                  Use Permits (ï¿½723.D.5.). Extension of permit terms will be considered on a case-by-case basis.


                  Mitigation Rues
                          The Coastal Management Regulations also contain provisions for mitigation and mitigation
                  fees. Please refer to ï¿½724 of the Coastal Management Regulations for further information.









                                                                     VI-3


 













0












                                                     (MRUoESS o .ROUCTI  #5IEIIRUS


                                LOCAL COASTAL PROGRAMS



0









                               LOCAL COASTAL PROGRAMS


        The national Coastal Zone Management Act provides that states may delegate coastal zone
management authority to local governments, and the Louisiana State and Local Coastal Resources
Management Act (SLCRMA) has provisions which allow parish governments to assume authority
over certain types of coastal uses. However, in order to obtain this authority, parishes need to
develop a local coastal management plan which must be approved by the state and federal coastal
management agencies. (Please refer to Appendix A, pages 41 - 44 for local program approval
regulations.) Once a parish program has been approved, it officially becomes part of the Louisiana
Coastal Resources Program, and it then regulates "uses of local concern" as defined in SLCRMA
(see pages 352 and 353, Appendix B).

        A parish which has an approved program has its own permitting authority and fee schedule.
Although it is recommended that a permit application be submitted to the agency with permitting
authority over that particular use, an application for an activity in a parish with an approved program
may be submitted to either that parish or to the state. In such cases the state and parish communicate
with each other, quickly determine (within two working days) which agency has jurisdiction over the
activity, and notify the applicant accordingly. It should be noted that the state retains jurisdiction
over all uses in parishes which do not have approved local programs.

There are nineteen parishes which are either partially or entirely within the boundary of the Louisiana
Coastal Zone, but only eight of these parishes have approved coastal programs. A list of those
parishes and names, addresses, and telephone numbers of contact personnel follow:

 Mailing Address                                  Physical Address and Fees

 Calcasieu Parish
 Ms. Pam Sturrock, Planning Mgr.
 Office of Parish Planning and Development
 Calcasieu Parish Police Jury                     Police Jury Building
 P.O. Drawer 3287                                 1015 Pithon Street
 Lake Charles, LA 70602                           Lake Charles, LA
 Phone: (318) 437-3511                            Application Fee: $50.00
 Fax: (318) 437-3399












                                                VII- 1









                   Mailing Address                                 Physical Address and Fees


                   Cameron Parish
                   Ms. Tina Horn
                  Mr. Miles Hebert
                   Cameron Parish Police Jury                      Cameron Police Jury Annex Building
                  P.O. Box 366                                    Courthouse Square
                   Cameron, LA 70631                               Cameron, LA
                  Phone: (318) 755-5718                           Application Fee: $0.00
                  Fax: (318) 775-5567

                  Jefferson Parish
                  Ms. Marnie Winmter
                  Ms. Gulser Wood
                   1221 Elmwood Park Blvd., Suite 703              1221 Elmwood Park Blvd., Suite 703
                  Harahan, LA 70123                               Harahan, LA 70123
                  Phone: (504) 736-6440                           Contact their office for current fee schedule
                  Fax: (504) 736-6445

                  Lafourche Parish
                  Mr. Cullen Curole, CZM Administrator
                  Mr. Brent Duet, Field Investigator
                  Lafourche Parish Council                        Galliano Annex Building
                  101 West 112th Street                           101 West 112th Street
    0w~ ~         Cutoff, LA 70345                                Cutoff, LA 70345
                  Phone: (504) 632-4666                           Application Fee: $50.00
                  Fax: (504) 632-8653

                  Orleans Parish
                  Mr. Harvey Stem
                  New Orleans City Planning Commission
                  City Hall Civic Center, Room 9W                 City Hall Civic Center, Room 9W
                  1300 Perdido Street                             1300 Perdido Street
                  New Orleans, LA 70112                           New Orleans, LA
                  Phone: (504) 565-7000                           Contact their office for current fee schedule.
                  Fax: (504) 565-6143









                                                               VII -2


0









Mailing Address                                Physical Adress and Fees


SLt. Bernard Parish
Mr. Mike Hunnicutt
Mr. Chris Andry
SL Bernard Parish Planning Commission
8201 West Judge Perez Drive                   8201 West Judge Perez Drive
Chalmette, LA 70043                           Chalmette, LA
Phone: (504) 278-4303                          Contact their office for current fee schedule.
Fax: (504) 278-4298

St. James Parish
Mr. Jody Chenier
SL James Parish Council                       SL James Parish Council
P.O. Box 106                                   5800 LA Highway 44
Convent, LA 70723                              Convent, LA
Phone: (504) 562-7431                          Application Fee: $0.00
Fax: (504) 562-2279


St. Tammany Parish
Mr. Brian Fortson
Department of Development                      Courthouse Annex
P.O. Box 628                                   428 East Boston Street
Covington, LA 70434                            Covington, LA
Phone: (504) 898-2529                          Application Fee: $30.00
Fax: (504) 898-5237



















                                            VII -3

























           FEDERAL COASTAL ZONE MANAGEMENT
             CONSISTENCY APPEAL PROCEDURES

0









                              FEDERAL COASTAL ZONE MANAGEMENT
                                 CONSISTENCY APPEAL PROCEDURES

                  The National Oceanic and Atmospheric Administration (NOAA) of the United States
      Department of Commerce has promulgated federal consistency regulations which provide for a right
      of appeal, under certain circumstances, to the Secretary of the United States Department of
      Commerce (15 CFR, Chapter LX, ï¿½930.120 - ï¿½930.134). The objective of these regulations is to
      provide procedures under which the Secretary may find that a federal license or permit activity,
      which is inconsistent with a state management program, may be federally approved because the
      activity is determined to be consistent with the objectives or purposes of the federal Coastal Zone
      Management Act (16 USC ï¿½1451 et seq.), or is necessary in the interest of national security
      (ï¿½930.120). This appeal procedure is initiated by the filing of a notice of appeal with the Secretary
      within 30 days of the receipt of the state agency objection.' (ï¿½930. 125). The term "consistent with
      the objectives or purposes of the Act" describes a federal license or permit activity, or a federal
      assistance activity which, although inconsistent with a state's management program, is found by the
      Secretary to be permissible because it satisfies four criteria:
                (a)     the activity furthcrs one or more of the competing national objectives or purposes
                        contained in section 302 or 303 of the Act,
                (b)     when performed separately or when its cumulative effects are considered, it will
                        not cause adverse effects on the natural resources of the coastal zone substantial
                        enough to outweigh its contribution to the national interest,
                (c)     the activity will not violate any requirements of the Clean Air Act, as amended, or
                        the Federal Water Pollution Control Act, as amended, and
                (d)     there is no reasonable alternative available (e.g., location, design, etc.) which
                        would permit the activity to be conducted in a manner consistent with the
                        management program.


               The regulation further provides that the Secretary's decision shall constitute final agency
      action for purposes of the federal Administrative Procedures Act (ï¿½930.130).




tIt should be noted that a state agency objection can be a permit denial or a "forced" withdrawal of a permit application. In the
 event that the Secretary of the Department of Commerce overrules the state's federal consistency determination, the
 proposed use can then be approved by federal permitting agencies, but the state permit decision still remains in effect.


                                                 VIII- I






0















       0SPECIAL AREAS



                              SPECIAL ARE'AS


is









                                        SPECIAL AREAS


        Two special management areas are included in the LCRP. They are those areas subject to
the jurisdiction of the Offshore Terminal Authority and the Marsh Island Wildlife Refuge.

Offshore Terminal Authoritv

        The Louisiana Offshore Oil Port (LOOP or Superport) was nominated as a "special area"
because of the unique needs and problems associated with deepwater marine terminals. The
superport area requires management guidelines that are specific to the superport and the area affected
by it.

        The Superport Special Management Area is the corridor of the pipeline within the
jurisdiction of the Louisiana Offshore Terminal Authority between the LOOP Offshore Terminal and
the St. James Terminal on the Mississippi River. For purposes of the federal Act, only the area of
the corridor within the boundary of the coastal zone will be considered a special management area.
All aspects of operations between the LOOP and the St. James Terminal are subject to the Superport
Fnvironmental Protection Plan (Louisiana Offshore Terminal Authority, 1977). The area in which
the regulatory jurisdiction of the Louisiana Offshore Terminal Authority applies is the right-of-way
secured by the operators of the main pipeline within the pipeline alignments specified in the
application submitted to the Offshore Terminal Authority. The exact boundaries of the special
management area may be changed by order of the Authority upon application by the licensee.
Facilities other than those operated in connection with LOOP which tie into the LOOP pipelines will
only be subject to the Superport Environmental Protection Plan at the point of their connection with
the main pipeline.

Marsh Island Wildlife Refuee and Game Preserve

        The island, located in the southern part of Iberia Parish, covers approximately 73,000 acres
of land. Marsh Island is an important natural area for birds and wildlife. Wading birds such as
heron, egrets, ibises and anhingas use this protected area as a rookery. The wildlife refuge is also a
habitat for the American alligator and for large concentrations of ducks and geese.

        Public use of Marsh Island is not permitted. It is a trespass and a criminal offense for any
member of the public to go upon the refuge without the State's consent. A one mile buffer zone,
designed to prevent trespassing from nearby recreation areas into the wildlife refuge, exists around
Marsh Island.

        For more information on special areas see Appendix B, page 356.







                                                  DC-i


















                   0~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~














                                                                          ~~~~~~~I

                                                        PUBLIC HEARINGS




is









                                      PUBLIC HEARINGS


        A public hearing process is included in the Coastal Management Regulations (see Appendix
A, pages 44 and 45).


        This process provides an opportunity to the public to participate in the review of Coastal
Zone Permit applications. If it is determined that a public hearing will be held on a pending permit
application, notice will be given at least thirty (30) days in advance of the hearing. The notice will
contain the time and place for the hearing, and the location of materials that are available for public
examination.


        Any person may appear at a public hearing. Oral or written statements may be submitted
concerning the subject matter of the hearing. These statements may be submitted for up to ten days
following the public hearing.


        All public hearings are recorded and transcribed verbatim. The transcript of these hearings
will be made available to the public for inspection or purchase.


        All information received through the public hearing process will be used to evaluate the
proposed coastal zone permit application.

















                                                  X-1



















0~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

















                                           APPENDICES









                                     APPENDICES


       Included in this section are the following:


       A.   CHAPTER 7, TITLE 43 - COASTAL MANAGEMENT REGULATIONS
       B.      R.S.49:214.21 SUBPART C - LOUISIANA COASTAL RESOURCES
                 PROGRAM LEGISLATION
       C.   SAMPLE FORMS


       Appendix A and Appendix B provide the most recent legislation regarding the Louisiana
State and Local Coastal Resources Management Program, with amendments to date.


       Appendix C includes the Affidavit of Notification to Owner of Property, the ENG Form
4345 - Application for Department of the Army Permit, and sample drawings for the permit
application.
























                                                     006(PRO6 lCIID*SOo [l5t[RROSRIP


                                                     APPENDIX A
                            TITLE 43- NATURAL RESOURCES

is







                    LOUISIANA
           ADMINISTRATIVE CODE




                      Title 43
          NATURAL RESOURCES

       Part I. Office of the Secretary

      Chapter 7. Coastal Management




             Certified by the Office of the State Register



               Edited and compiled through June 1996)
                    (Last amended August 1995)





M.J. "Mike" Foster, Jr.                   Mark C. Drennen
Governor                          Commissioner of Administration








                                                                  Title 43
                                                     NATURAL RESOURCES

                                                  Part I. Office of the Secretary


               Chapter 7.  Coastal Management                               industry or trade or among practitioners ofthe utse., and which
                                                                           are feasible and practical for utilization.
                    Subchapter A.  Definitions                                Coastal Use Permit-a permit required by 214.30 of the
          ï¿½700. Definitions                                                 SLCRMA.  The term does not mean or refer to, and is in
            Administrator--the   administrator   of  the   Coastal          addition to, any other permit or approval required or
          Management  Division  of the  Department  of Natural              established pursuant to any other constitutional provision or
                                                                           statute.
          Resources.
                                                                              Coastal Water Dependent Uses-those which must be
            Advanced Mitigation Project-a project implemented to, in or adjacent    to oastal wa ter areas or
                                                                           carried out on, in or adjacent to coastal water areas or
          create, restore, protect, and/or enhance wetlands for the
                create, restore, protect, and/or enhance wetlands for the   wetlands because the use requires access to the water body or
          purpose of producing ecological values, measured as average
                                                                           wetland or requires the consumption, harvesting or other
          annual habitat units or cumulative habitat units (advanced                             
          mitigation credits). Such projects must be approved by the        direct use of coastal resources, or requires the use of coastal
          mitigation credits). Such projects must be approved by the
                                                                           water in the manufacturing or transportation of goods.
          secretary  prior  to  implementation,  and  the  advanced
                            secretary pri o r t o in a d t e a.             Examples include surface and subsurface mineral extraction,
          mitigation credits shall have limited utility for the purpose of
                                                                            fishing, ports and necessary supporting commercial and
          compensating for the ecological values lost due to a permitted                       
          acmpensatigfotecliavalues                                          lost due to a permitdy.  industrial facilities, facilities for the construction, repair and
                                                                           maintenance of vessels, navigation projects, and fishery
            Affected Landowner-the owner of the land on which a             processing plants.
          proposed activity, which would result in an unavoidable net
                                                                              Coastal Waters--those bays, lakes, inlets, estuaries, rivers,
          loss of ecological value, is to occur.
          loss of ecological value, is to occur.                            bayous, and other bodies of water within the boundaries of the
.           Affected Parish-the parish in which a proposed activity,        coastal zone which have measurable seawater content (under
          which would result in an unavoidable net loss of ecological       normal weather conditions over a period of years).
          value, is to occur.
                                                                              Coastal Zone-the term "coastal zone" shall have the same
            After-the-Fact Permit-a coastal use permit which is issued      definition as provided in 214.24 of the SLCRMA.
          after the commencement of a use. Such a permit may only be
                                                                              Compensatory Mitigation-replacement, substitution,
          issued after all legal issues resulting from the commencement
                                                                           enhancement, or protection of ecological values to offset
          of a use without a coastal use permit have been resolved.
                                                                 of a use without a coastal use permit have been resolvedanticipated losses of ecological values caused by a permitted
            Alterations of Waters Draining in Coastal Waters-those          activity.
          uses or activities that would alter, change, or introduce
          polluting substances into runoff and thereby modify the
          quality of coastal waters. Examples include water control         means a nonpossessory interest of a holder in immovable
                                                                            property imposing limitations or affirmative obligations the
          impoundments, upland and water management programs, and
                                                                            purposes of which include retaining or protecting natural,
          drainage projects from urban, agricultural and industrial
                                        drainagevprojectslfropmeurbanaglt ascenic, or open-space values of immovable property, assuring
          developments.
                                                                            its availability for agricultural, forest, recreational, or open-
            Approved Local Program-a local coastal management               space use, protecting natural resources, maintaining or
          program which has been and continues to be approved by the        enhancing air or water quality, or preserving the historical,
          secretary pursuant to 214.28 of the State and Local Coastal       archaeological, or cultural aspects of unimproved immovable
          Resources Management Act (SLCRMA).                                property.
            Average Annual Habitat Unit-a unit of measure of                  Contaminant-an  element  causing  pollution  of the
          ecological value; average annual habitat units are calculated     environment that would have detrimental effects on air or
          by the formula: (sum of cumulative habitat units for a given      water quality or on native floral or faunal species.
          project scenario) / (project years).
                                                                              Corps-the U.S. Army Corps of Engineers.
            Best Practical Techniques-those methods or techniques
          which would result in the greatest possible minimization of
_                    .        .    .             .     .      .  .          due to the collective effects of a number of activities.
          the adverse impacts listed in ï¿½701.G and in specific guidelines
          applicable to the proposed use. Those methods or techniques         Cumulative Habitat Unit-a unit of measure of ecological
          shall be the best methods or techniques which are in use in the   value; for each time interval within the project years,


                                                                        1       Louisiana Administrative Code                June 1996







43:1.700                                          NATURAL RESOURCES

cumulative habitat units are calculated by the formula: CHUs       fire, storm, flood, and any other cause which is not within the
= (T2 - T.) x {[(A, x HSI, + A2 x HSI2)/ 3] + [(A2 x HSII +        control of the party claiming force majeure.
At1 x HSI2)/ 6]}, where T, =  first year of time interval, T2 =      Future with Project Scenario-portrayal of anticipated
last year of time interval, A, = acres of habitat at beginning of  changes to ecological values (i.e., habitat values and wetland
time interval, A2 = acres of habitat at end of time interval,      acreage) throughout the project years in a situation where a
HSI, = habitat suitability index at beginning of time interval,    given project would be implemented.
and HSI2 = habitat suitability index at end of time interval; the
source of this formula is the U.S. Fish and Wildlife Service's       Future without Project Scenario-portrayal of anticipated
Ecological  Services  Manual  102,  Habitat  Evaluation            changes to ecological values (i.e., habitat values and wetland
Procedures.                                                        acreage) throughout the project years in a situation where a
                                                                  given project would not be implemented.
  Department-the Department of Natural Resources.
                                                                    Geologic Review Procedure-a process by which
  Development Levees-those levees and associated water             alternative methods, including alternative locations, for oil
control structures whose purpose is to allow control of water      and gas exploration are evaluated on their environmental,
levels within the area enclosed by the levees to facilitate        technical, and economic merits on an individual basis;
drainage or development within the leveed areas. Such levee        alternative methods, including alternative locations, of oil and
systems  also commonly  serve  for hurricane  or flood             gas  production  and  transmission  activities  which  are
protection, but are not so defined for purposes of these           specifically associated with the proposed exploration activity
guidelines.                                                        shall also be evaluated in this process.  These alternative
  Direct and Significant Impact-a direct and significant           methods, including alternative locations, are presented and
modification or alteration in the physical or biological           evaluated at a meeting by a group of representatives of the
characteristics of coastal waters which results from an action     involved parties. A geologic review group is composed, at a
or series of actions caused by man.                                minimum, of representatives of the applicant, a petroleum
                                                                  geologist and a petroleum engineer representing the Coastal
  Ecological  Value-the ability of an area to support              Management Division and/or the New Orleans District Corps
vegetation and fish and wildlife populations.                      of Engineers, and a representative of the Coastal Management
  Endangered Species-as defined in the Endangered Species          Division Permit Section, and may include, but is not limited
Act, as amended, any species which is in danger of extinction      to, representatives of the Louisiana Department of Wildlife
throughout all or a significant portion of its range other than    and Fisheries, the Louisiana Department of Environmental
a species of the Class Insecta determined by the Secretary of      Quality, the U.S. Army Corps of Engineers, the U.S. Fish and
                                                                  Wildlife Service, the U.S. National Marine Fisheries Service,
the U.S. Department of Interior to constitute a pest whose         Wildlife Service, the U.S. National Marine Fisheries Service,
protection under the provisions of the Endangered Species          and the U.S. Environmental Protection Agency.
Act, as amended, would present an overwhelming and                   Governmental Body-any  public department,  agency,
overriding risk to man.                                            bureau, authority, or subdivision of the government of the
  Expectable Adverse Conditions-natural or man-made                United States or the state of Louisiana and shall include
hazardous conditions which can be expected or predicted to         parishes and municipalities and subdivisions thereof and those
occur at regular intervals. Included are such events as 125        governmental agencies constitutionally established.
mile per hour hurricanes and associated tides, 100 year floods       Guidelines-those rules and regulations adopted pursuant
and reasonably probable accidents.                                 to 214.27 of the SLCRMA.
  Fastlands-lands   surrounded   by   publicly-owned,                Habitat-the natural environment where a plant or animal
maintained, or otherwise validly existing levees or natural        population lives.
formations as of January 1, 1979, or as may be lawfully
constructed in the future, which levees or natural formations        Habitat Types-the general wetland vegetative communities
would normally prevent activities, not to include the pumping      which exist in the Louisiana Coastal Zone, including fresh
of water for drainage purposes, within the surrounded area         marsh, intermediate marsh, brackish marsh, saline marsh,
from having direct and significant impacts on coastal waters.      fresh swamp, and bottomland hardwoods.
  Feasible and Practical-those locations, methods and/or             Holder-as  defined at R.S. 9:1272.(2), means (1) a
practices which are of established usefulness and efficiency       governmental body  empowered  to hold an  interest in
and allow the use or activity to be carried out successfully.      immovable property under the laws of this state or the United
                                                                  States; or (2) a charitable corporation, charitable association,
  Federal Advisory Agencies-include, but are not limited to,       or charitable trust, the purposes or powers of which include
the U.S. Fish and Wildlife Service, the U.S. National Marine       retaining or protecting the natural, scenic, or open-space
D  Fisheries Service, the U.S. Environmental Protection Agency,    values of immovable property, assuring the availability of
and the U.S. Natural Resources Conservation Service.               immovable property for agricultural, forest, recreational, or
  Force Majeure-an act of God, war, blockade, lightning,           open-space use, protecting natural resources, maintaining or


Louisiana Administrative Code                June 1996         2







                                                                   Chapter 7                                                  43:1.700

       enhancing air or water quality, or preserving the historical,     oyster shells, dirt, sand, or gravel.
       archaeological, or cultural aspects of unimproved immovable         Mitigation-all actions taken by a permittee to avoid,
       * property.                                                       minimize, restore, and compensate for ecological values lost
         Hurricane or Flood Protection Levees-those levees and           due to a permitted activity.
       associated water control structures whose primary purpose is
                                                                              Mitigation Bank--an area identified, with specific measures
       to prevent occasional surges of flood or storm generated high
                                                                            implemented to create, restore, protect, and/or enhance
       water. Such lcvee systems do not include those built to permit    wetlands, for the purpose of producing ecological values,
                                                                            wetlands, for the purpose of producing ecological values,
       drainage or development of enclosed wetland areas.
                        drainage or development of enclosed wetland areas.  measured as average annual habitat units or cumulative
         Hydrologic and Sediment Transport Modifications--those          habitat units (mitigation credits).  Those credits may be
       uses and activities intended to change water circulation,         donated, sold, traded, or otherwise used for the purpose of
       direction of flow, velocity, level, or quality or quantity of     compensating for the ecological values lost due to a permitted
       transported sediment. Examples include locks, water gates,        activity.
       impoundments, jetties, groins, fixed and variable weirs, dams,       ff-site-not within or adjoining the area directly modified
                                                                              Off-site--not within or adjoining the area directly modified
       diversion pipes, siphons, canals, and surface and groundwater     by  the permitted  activity and  not directly related to
                                                                            by the permitted activity and not directly related to
       withdrawals.
                        ~~~~~~~~~withdrawals.  ~implementation of the permitted activity.
         Hydrologic Basin-one of the nine general drainage areas           Oil, Gas and Other Mineral Activities-those uses and
                                                                              Oil, Gas and Other Mineral Activities--those uses and
       within the Louisiana Coastal Zone as delineated on pages A-2      activities which are directly involved in the exploration,
                                                                            activities which are directly involved in the exploration,
       and A-3 of the Louisiana Coastal Wetlands Conservation and        production, and refining of oil, gas, and other minerals.
                                                                            production, and refining of oil, gas, and other minerals.
       Restoration Plan, April 1990.
                        Restoration Plan, April 1990.                    Examples include geophysical surveying, establishment of
         Impoundment Levees-those levees and associated water            drill sites and access to them, drilling, on site storage of
       control structures whose primary purpose is to contain water      supplies, products and waste materials, production, refining,
       within the levee system either for the prevention of the release  and spill cleanup.
       of pollutants, to create fresh water reservoirs, or for
                         of pollutants, to create fresh water reservoirs, or for  On-site-within or adjoining the area directly modified by
       management of fish or wildlife resources.
                        management of fish or wildlife resources.        the permitted activity or directly related to implementation of
         Injfrastructure-those  systems  which  provide  needed          the permitted activity.
*~     support for human social institutions and developments,
                                                                              Overriding Public Interest--the public interest benefits of
       including transportation systems, public utilities, water and        veii          l     te     the public interest benefits
                                                                            a given activity clearly outweigh the public interest benefits
       sewerage systems, communications, educational facilities,
                        sewerage systems, communications, educational    of compensating for wetland values lost as a result of the
       health  services,   law  enforcement   and   emergency
                        health   services,   law   enforcement   and   emergency  activity, as in the case of certain mineral extraction,
       preparedness.
                        ~~~~~~~~preparedness.  ~production, and transportation activities or construction of
         In-lieu Permit-those permits issued in-lieu of coastal use      flood protection facilities critical for protection of existing
       permits pursuant to 214.31 of the SLCRMA.                         infrastructure.
         Levees-any use or activity which creates an embankment            Particular Areas-areas within the coastal zone of a parish
       to control or prevent water movement, to retain water or other    with an approved local program which have unique and
       material, or to raise a road or other lineal use above normal or  valuable  characteristics  requiring  special  management
       flood water levels.  Examples include levees, dikes and           procedures.  Such areas shall be identified, designated, and
       embankments of any sort.                                          managed by the local government following procedures
                                                                            consistent with those for special areas.
          Linear Facilities-those uses and activities which result in     consistent with those for special areas.
       creation of structures or works which are primarily linear in       Permit-a coastal use permit, or an in-lieu permit.
       nature. Examples include pipelines, roads, canals, channels,        Permitting  Body-either  the  Department  of Natural
                                                                              Permitting Body---either the Department of Natural
       and powerlines.
                                                                            Resources or a local government with an approved local
         Local Government-a governmental body having general             program with authority to issue, or that has issued, a coastal
       jurisdiction and operating at the parish level.                   use permit authorized by the SLCRMA.
          Local Program-same as approved local program.                     Person-any natural individual, partnership, association,
                          Marsh-wetlands subject to frequent inundation in which  trust, corporation, public agency or authority, governmental
          Marsh--wetlands subject to frequent inundation in which
                        the dominant vegetation consists of reeds, sedges, grasses,  body, or any other legal orjuridical person created by law.
       the dominant vegetation consists of reeds, sedges, grasses,
       cattails, and other low growth.                                     Project Years-the anticipated number of years that the
                                                                            proposed activity would have a negative or positive impact on
          Minerals--oil, gas, sulfur, geothermal, geopressured, salt,
                                                                            the ecological value of the site. Project years shall be 20 years
       or other naturally occurring energy or chemical resources
                        thic natr   producdfrrg ben low  hem   rsurface iost   for marsh habitats and 50 years for forested habitats, unless it
       which are produced from below the surface in the coastal
       z      one.  Not included are suchb    surface r esources as clam or  is clearly demonstrated by the applicant and accepted by the
       zone. Not included are such surface resources as clam or
                                                                            secretary to be shorter in duration.

                                                                        3       Louisiana Administrative Code                June 1996






         43:1.700                                          NATURAL RESOURCES

           Public Hearing-a hearing announced to the public at least        charitable corporation, charitable association, or charitable
         30 days in advance, at which all interested persons shall be       trust, which, although eligible to be a holder, is not a holder.
         afforded a reasonable opportunity to submit data, views or
         arguments, orally or in writing.   At the time  of the      
                                                                           chemical, biological or radioactive properties, have the
         announcement of the public hearing all materials pertinent to      chemical, biological or radioactive properties, have the
         the hearing, including documents, studies, and other data, in      potential to endanger human health or other living organisms
                                                                           or ecosystems, by means of acute or chronic adverse effects,
         the possession of the party calling the hearing, must be madeergeic, r crcigeic
         available to the public for review and study.  As similar          effect.
         materials are subsequently developed, they shall be made
         available to the public as they become available to the party        Unavoidable Net Loss of Ecological Values-the net loss of
         which conducted the hearing.                                       ecological value that is anticipated to occur as the result of a
                                               Radioactive Wastes-wastes containing source, special  permitted/authorized activity, despite all efforts, required by
           Radioactive Wastes--wastes containing source, special
                                                             'l  ,    r-tAtomic . the guidelines, to avoid, minimize, and restore the permitted/
         nuclear, or by-product material as defined by the Atomic                         
         Energy Act of 1954, as amended (68 Stat. 923).                                 mpacts.
                                                                             ) result from  Uplands-lands 5 feet or more above sea level, fastlands, or
           Secondary Impact-an impact which wlands outside the coastal zone.
         the proposed activity, (2) cause significant modifications or
         alterations to the physical characteristics of acreage beyond        Use-any use or activity within the coastal zone which has
         the limit of the area depicted as being altered in the accepted    a direct and significant impact on coastal waters.
         permit application drawings, and (3) be identified and
                          permit application drawings, and (3) be identified and  Waste-any material for which no use or reuse is intended
         quantified by the secretary based on an evaluation of similar              and which is to be discarded.
         and previously implemented activities.
                                                                              Waste Disposal-those uses and activities which involve
           Secretary-the secretary of the Department of Natural
           SeRe   sources, or his designee.              of Natural        the collections, storage and discarding or disposing of any
                                                                           solid or liquid material. Examples include littering; landfill;
           Sediment Deposition Systems-controlled diversions of             open  dumping;  incineration;  industrial  waste  treatment
         sediment-laden water in order to initiate land building or         facilities; sewerage treatment; storage in pits, ponds, or
         sediment nourishment or to minimize undesirable deposition         lagoons; ocean dumping and subsurface disposal.
         of sediment in navigation channels or habitat areas. Typical
         activities include diversion channels, jetties, groins, or         deve lopment and  control plan to improve  and increase
                                                                           development and control plan to improve and increase
         sediment pumps.
                                                                           biological productivity, or to minimize land loss, saltwater
           Shoreline Modifications-those uses and activities planned        intrusion, erosion or other such environmental problems, or to
         or constructed with the intention of directly or indirectly        enhance recreation.
         changing or preventing change of a shoreline.  Examples
         include bulkheading, piers, docks, wharves, slips, and short
         canals, and jetties.                                                   1.  for the purposes of this Chapter except for ï¿½724,
           SLCRMA-the  State  and  Local  Coastal  Resources                open water areas or areas that are inundated or saturated by
           SLCRMA--the   State  and  Local  Coastal  Resources
         Management Act of 1978, Act 361 of 1978 as amended, R.S.           surface or groundwater at a frequency and duration sufficient
         49:214.21-214.40.                                                  to support, and under normal circumstances, do support a
                                                                           prevalence of vegetation typically adapted for life in saturated
           Spoil Deposition-the deposition of any excavated or              soil conditions;
         dredged material.
                                                                                2.  for the purposes of ï¿½724 (as defined  in R.S.
            StateAdvisoryAgencies-include, but are not limited to, the       49:214.41), an open water area or an area that is inundated or
         Louisiana Department of Wildlife and Fisheries and the             saturated by surface or ground water at a frequency and
         Louisiana Department of Environmental Quality.                     duration to support, and that under normal circumstances does
            Surface Alterations-those uses and activities which change       support, a prevalence of vegetation typically adapted for life
                              the surface or usability of a land area or water bottom in saturated soil conditions,  but specifically excluding
         the surface or usability of a land area or water bottom.
         Examples include fill deposition, land reclamation, beach          fastlands and lands mor       e  th       e sea level which
          nourishment, dredging (primarily areal), clearing, draining,
                            surface mining, construction and operation of transportation,  generally include swamps, marshes, bogs, and similar areas.
          surface mining, construction and operation of transportation,
         mineral, energy and industrial facilities, and industrial,           AUTHORITY NOTE:  Promulgated in accordance Kwith R.S.
         commercial, and urban developments.                                49:214.21-49:214.41.
                                                                              HISTORICAL NOTE: Promulgated by the Department of Natural
            Third Party Right of Enforcement-as defined at R.S.              Resources, Office of the Secretary, LR 21:835 (August 1995).
s 9: 1272.(3), means a right provided in a conservation servitude
          to enforce any of the terms granted to a governmental body,


          Louisiana Administrative Code                June 1996         4






                                                              Chapter 7                                                   43:1.701

    Subchapter B.  Coastal Use Guidelines                                 9.  Extent of coastal water dependency of the use.
     Coastal use guidelines as approved by the House Natural              10. Existence of necessary infrastructure to support the
   Resources Committee on July 9, 1980, the Senate Natural            use and public costs resulting from use.
   Resources Committee on July 11, 1980, and the governor on              11. Extent of impacts on existing and traditional uses of
   July 24, 1980.                                                     the area and on future uses for which the area is suited.
   ï¿½701. Guidelines Applicable to all Uses                                12. Proximity to and extent of impacts on inmportant
     A.  The guidelines must be read in their entirety.  Any          natural features such as beaches, barrier islands, tidal passes,
   proposed use may be subject to the requirements of more than       wildlife and aquatic habitats, and forest lands.
   one guideline or section of guidelines and all applicable               13. The extent to which regional, state, and national
   guidelines must be complied with.                                  interests are served including the national interest in resources
     B.  Conformance with applicable water and air quality            and the siting of facilities in the coastal zone as identified in
   laws, standards and regulations, and with those other laws,        the coastal resources program.
   standards and regulations which have been incorporated into            14. Proximity to, and extent of impacts on, special areas,
   the coastal resources program shall be deemed in conformance       particular areas, or other areas of particular concern of the
   with the program except to the extent that these guidelines        state program or local programs.
   would impose additional requirements.
                                                                           15. Likelihood of, and extent of impacts of, resulting
     C.  The  guidelines  include  both  general  provisions          secondary impacts and cumulative impacts.
   applicable to all uses and specific provisions applicable only
   to certain types of uses. The general guidelines apply in all           16. Proximity to and extent of impacts on public lands or
   situations. The specific guidelines apply only to the situations   works, or historic, recreational, or cultural resources.
   they address.  Specific and general guidelines should be                17. Extent of impacts on navigation, fishing, public
   interpreted to be consistent with each other. In the event there   access, and recreational opportunities.
   is an inconsistency, the specific should prevail.
                                                                           18. Extent of compatibility with natural and cultural
      D.  These guidelines are not intended to nor shall they be       setting.
   interpreted so as to result in an involuntary acquisition or
   taking of property.                                                     19. Extent of long term benefits or adverse impacts.

      E.  No use or activity shall be carried out or conducted in        G.  It is the policy of the coastal resources program to
   such a manner as to constitute a violation of the terms of a       avoid the following adverse impacts. To this end, all uses and
   grant or donation of any lands or waterbottoms to the State or     activities shall be planned, sited, designed, constructed,
   any subdivision thereof.  Revocations of such grants and           operated, and maintained to avoid to the maximum extent
   donations shall be avoided,                                        practicable significant:
      F.  Information regarding the following general factors              1.  Reductions in the natural supply of sediment and
   shall be utilized by the permitting authority in evaluating        nutrients to the coastal system by alterations of freshwater
   whether the proposed use is in compliance with the guidelines.     flow.
        1.  Type, nature, and location of use.                            2.  Adverse economic impacts on the locality of the use
                                                                      and affected governmental bodies.
        2.  Elevation, soil, and water conditions and flood and
   storm hazard characteristics of site.                                  3.  Detrimental  discharges  of  inorganic  nutrient
                                                                      compounds into coastal waters.
        3.  Techniques and materials used in construction,            compounds into coastal waters.
    operation, and maintenance of use.                                     4.  Alterations in the natural concentration of oxygen in
                                                                      coastal waters.
        4. Existing drainage patterns and water regimes of
    surrounding area including flow, circulation, quality, quantity,       5.  Destruction  or adverse  alterations  of streams,
    and salinity; and impacts on them,                                 wetland, tidal passes, inshore waters and waterbottoms,
                                                                       beaches, dunes, barrier islands, and other natural biologically
        5.  Availability of feasible alternative sites or methods     valuable areas or protective coastal features.
    of implementing the use.
                                                                           6. Adverse disruption of existing social patterns.
        6.  Designation of the area for certain uses as part of a
    local program.                                                         7.  Alterations of the natural temperature regime of
                                                                       coastal waters.
        7. Economic need for use and extent of impacts of use
 on economy of locality.                                                   8.  Detrimental changes in existing salinity regimes.
        8.  Extent of resulting public and private benefits.               9.  Detrimental changes in littoral and sediment transport

                                                                   5        Louisiana Administrative Code                June 1996






          43:1.701                                           NATURAL RESOURCES

          processes.                                                          The systematic consideration process shall also result in a
               10. Adverse effects of cumulative impacts.
               IO. Adverse effects of cumulative impacts. determination of those conditions necessary for the use to be
               10. Adversemeffects of cumulative impacts.                     in compliance with the guideline.  Those conditions shall
               11. Detrimental discharges of suspended solids into            assure that the use is carried out utilizing those locations,
          coastal waters, including turbidity resulting from dredging.        methods, and practices which maximize conformance to the
                                               12. Reductions or blockage of water flow or natural  modified   standard;   are   technically,   economically,
                                                                             environmentally, socially, and legally feasible and practical;
          circulation patterns with-in or into an estuarine -system or a lly                                   g 
                                                                              and minimize or offset those adverse impacts listed in ï¿½701 .G
          wetland forest.
                                                                             and in the Subsection at issue.
               13. Discharges of pathogens or toxic substances into
                                                                               I. Uses shall to the maximum extent practicable be
          coastal waters.
                                                                             designed and carried out to permit multiple concurrent uses
               14. Adverse alteration or destruction of archaeological,       which  are appropriate  for the  location  and  to avoid
          historical, or other cultural resources.                            unnecessary conflicts with other uses of the vicinity.
               15. Fostering  of detrimental  secondary  impacts  in            J.  These guidelines are not intended to be, nor shall they
          undisturbed or biologically highly productive wetland areas.        be, interpreted to allow expansion of governmental authority
                                                                              beyond that established by R.S. 49:214.21-49:214.41, as
                              16. Adverse alteration or destruction of unique  amended; nor shall these guidelines be interpreted so as to
          valuable habitats, critical habitat for endangered species,
                                                                             require permits for specific uses legally commenced or
          important wildlife or fishery breeding or nursery areas,
          important wildlife or fishery breeding or nursery areas,            established prior to the effective date of the coastal use permit
          designated wildlife management or sanctuary areas, or
          forestlands.                                                        program nor to normal maintenance or repair of such uses.
                                                                               AUTHORITY NOTE: Promulgated in accordance with R.S.
               17. Adverse alteration or destruction of public parks,         49:214.27
          shoreline access points, public works, designated recreation          HISTORICAL NOTE: Promulgated by the Department of Natural
          areas, scenic rivers, or other areas of public use and concern.     Resources, Office of the Secretary, LR 6:493 (August 1980).
               18. Adverse disruptions of coastal wildlife and fishery        ï¿½703. Guidelines for Levees
          migratory patterns.
          migratory patterns.                                                   A.  The leveeing of unmodified or biologically productive
               19. Land loss, erosion, and subsidence.                        wetlands shall be avoided to the maximum extent practicable.
              20. Increases in the potential for flood, hurricane and           B.  Levees  shall  be  planned  and  sited  to  avoid
          other storm damage, or increases in the likelihood that             segmentation of wet-land areas and systems to the maximum
          damage will occur from such hazards.                                extent practicable.
              21. Reduction in the long term biological productivity of         C.  Levees constructed for the purpose of developing or
          the coastal ecosystem.                                              otherwise changing the use of a wetland area shall be avoided
                                                                             to the maximum extent practicable.
            H.  In those guidelines in which the modifier "maximum
          extent practicable" is used, the proposed use is in compliance        D.  Hurricane and flood protection levees shall be located
          with the guideline if the standard modified by the term is          at the nonwetland/wetland interface or landward to the
          complied with. If the modified standard is not complied with,       maximum extent practicable.
          the use will be in compliance with the guideline if the
                                                                               E.  Impoundment  levees shall only be constructed in
          permitting authority finds, after a systematic consideration of
          all pertinent information regarding the use, the site and the       wetland areas  part of approved water or marsh management
          impacts of the use as set forth in Subsection F above, and a        projects or to prevent release of pollutants.
          balancing of their relative significance, that the benefits           F.  Hurricane or flood protection levee systems shall be
          resulting from the proposed use would clearly outweigh the          designed, built and thereafter operated and maintained
          adverse impacts resulting from noncompliance with the               utilizing best practical techniques to minimize disruptions of
          modified standard and there are no feasible and practical           existing hydrologic patterns, and the interchange of water,
          alternative locations, methods, and practices for the use that      beneficial nutrients, and aquatic organisms between enclosed
          are in compliance with the modified standard and:                   wetlands and those outside the levee system.
               1.  significant public benefits will result from the use, or;    AUTHORITY NOTE:  Promulgated in accordance with R.S.
                                                                             49:214.27.
               2.  the use would serve important regional, state, or             HISTORICAL NOTE: Promulgated by the Department of Natural
          national interests, including the national interest in resources    Resources, Office of the Secretary, LR 6:493 (August 1980).
          and the siting of facilities in the coastal zone identified in the
0          coastal resources program, or;
                           _ coastal resources program, or;                   ï¿½705. Guidelines for Linear Facilities
               3.  the use is coastal water dependent.                           A.  Linear use alignments shall be planned to avoid adverse
                                                                             impacts  on  areas  of  high  biological  productivity  or

          Louisiana Administrative Code                 June 1996         6






                                                          Chapter 7                                                    43:1.707

irreplaceable resource areas.                                       parts 191, 192, and 195 of Title 49 of the Code of Federal
                                                                  Regulations, as amended, and in conformance with the
  B.  Linear facilities involving the use of dredging or filling
   shall be avoided in wetland and estuarine areas to the          Commissioner of Conservation's Pipeline Safety Rules and
                                                                  Regulations and those safety requirements established by R.S.
maximum extent practicable.
                                                                  45:408, whichever would require higher standards.
  C. Linear facilities involving dredging shall be of the
  C.  Linear facilities involving dredging shall be of the            N.  Areas dredged for linear facilities shall be backfilled or
minimum practical size and length.
                                                                  otherwise restored to the pre-existing  cyriditicors upon
  D.  To the maximum extent practicable, pipelines shall be         cessation of use for navigation purposes to the maximum
installed through the "push ditch" method and the ditch             extent practicable.
backfilled.                                                           O.  The best practical techniques for site restoration and
  E.  Existing corridors, rights-of-way, canals, and streams        revegetation shall be utilized for all linear facilities.
shall be utilized to the maximum extent practicable for linear
                                                                    P.  Confined and dead end canals shall be avoided to the
                                                                  maximum  extent practicable. Approved  canals must be
  F.  Linear facilities and alignments shall be, to the             designed and constructed using the best practical techniques
maximum extent practicable, designed and constructed to             to avoid water stagnation and eutrophication.
permit multiple uses consistent with the nature of the facility.      AUTHORITY NOTE:  Promulgated in accordance with R.S.
  G.  Linear facilities involving dredging shall not traverse       49:214.27.
or adversely affect any barrier island.                               HISTORICAL NOTE: Promulgated by the Department of Natural
                                                                  Resources, Office of the Secretary, LR 6:493 (August 1980).
  H.  Linear facilities involving dredging shall not traverse
                                                                  ï¿½707. Guidelines for Dredged Spoil Deposition
beaches, tidal passes, protective reefs, or other natural gulf
shoreline unless no other alternative exists. If a beach, tidal       A.  Spoil shall be deposited utilizing the best practical
pass, reef, or other natural gulf shoreline must be traversed for   techniques to avoid disruption of water movement, flow,
a non-navigation canal, they shall be restored at least to their    circulation, and quality.
natural condition immediately upon completion of
                                                     natural  condition  immediately   upon   completion  of  B.  Spoil shall be used beneficially to the maximum extent
construction. Tidal passes shall not be permanently widened
                                                                  practicable to improve productivity or create new habitat,
or deepened except when necessary to conduct the use. Theor 
best available restoration techniques which improve the             reduce or compent            environmental damage 
traversed area's ability to serve as a shoreline shall be used.     dredging  activities, or prevent  environmental
                                                                  Otherwise, existing spoil disposal areas or upland disposal
  1.  Linear facilities shall be planned, designed, located, and    shall be utilized to the maximum extent practicable rather than
built using  the best practical techniques to minimize              creating new disposal areas.
disruption of natural hydrologic and sediment transport
                                                    n atr ali   and     imC.  Spoil shall not be disposed of in a manner which could
patterns, sheet flow, and water quality and to minimize
                                                                  result in the impounding or draining of wetlands or the
adverse impacts on wetlands.
                                                                  creation of development sites unless the spoil deposition is
  J.  Linear facilities shall be planned, designed, and built       part of an approved levee or land surface alteration project.
using the best practical techniques to prevent bank slumping
and erosion, and saltwater intrusion, and to minimize the             D.  Spoil shall not be disposed of on marsh, known oyster
                                                                  or clam reefs, or in areas of submersed vegetation to the
potential for inland movement of storm-generated surges.
Consideration shall be given to the use of locks in navigation
canals and channels which connect more saline areas with              E.  Spoil shall not be disposed of in such a manner as to
fresher areas.                                                      create a hindrance to navigation or fishing, or hinder timber
  K.  All nonnavigation canals, channels, and ditches which        growth.
connect more saline areas with fresher areas shall be plugged         F.  Spoil disposal areas shall be designed and constructed
at all waterway crossings and at intervals between crossings        and maintained using the best practical techniques to retain
in order to compartmentalize them.  The plugs shall be              the spoil at the site, reduce turbidity, and reduce shoreline
properly maintained.                                                erosion when appropriate.
  L.  The multiple use of existing canals, directional drilling,      G.  The alienation of state-owned property shall not result
and other practical techniques shall be utilized to the             from spoil deposition activities without the consent of the
maximum extent practicable to minimize the number and size          Department of Natural Resources.
of access canals, to minimize changes of natural systems, and
                                                                    AUTHORITY NOTE:  Promulgated in accordance with R.S.
to minimize adverse impacts on natural areas and wildlife and       49.214.27.
*  fisheries habitat.                                                 HISTORICAL NOTE: Promulgated by the Department of Natural
  M.  All pipelines shall be constructed in accordance with         Resources, Office of the Secretary, LR 6:493 (August 1980).


                                                              7        Louisiana Administrative Code                 June 1996






    43:1.709                                          NATURAL RESOURCES

     ï¿½709. Guidelines for Shoreline Modification                              a.  the land is already in high intensity of development
       A.  Nonstructural methods of shoreline protection shall be       use, or
    utilized to the maximum extent practicable.                               b.  there is adequate supporting infrastructure, or
       B.  Shoreline modification structures shall be designed and            c.  the vicinity has a tradition of use for similar
     built using best practical techniques to minimize adverse          habitation or development.
    environmental impacts.
                      ~~~environmental impacts.    ~B.  Public and private .works projects such as levees,
       C.  Shoreline modification structures shall be lighted or        drainage improvements, roads, airports, ports, and public
     marked in accordance with U.S. Coast Guard regulations, not        utilities are necessary  to protect and  support needed
     interfere with navigation, and should foster fishing, other        development and shall be encouraged. Such projects shall, to
     recreational opportunities, and public access.                     the maximum extent practicable, take place only when:
       D.  Shoreline modification structures shall be built using           1.  they  protect or serve those areas suitable for
     best  practical  materials  and  techniques  to avoid  the         development pursuant to ï¿½711 .A.; and
     introduction of pollutants and toxic substances into coastal           2.  they are consistent with the other guidelines; and
     waters.
       E.  Piers and docks and other harbor structures shall be             3.  they are consistent with all relevant adopted state,
                                                                       local, and regional plans.
    designed and built using best practical techniques to avoid        local, and regional plans.
     obstruction of water circulation.                                    C.  Reserved.
       F.  Marinas  and similar commercial  and recreational              D.  To the maximum extent practicable wetland areas shall
    developments shall to the maximum extent practicable not be        not be drained or filled. Any approved drain or fill project
     located so as to result in adverse impacts on open productive      shall be designed and constructed using best practical
     oyster beds, or submersed grass beds.                              techniques to minimize present and future property damage
                                                                       and adverse environmental impacts.
       G.  Neglected  or  abandoned  shoreline  modification            and adverse environmental impacts.
     structures, piers, docks, and mooring and other harbor               E.  Coastal water dependent uses shall be given special
     structures shall be removed at the owner's expense, when           consideration in permitting because of their reduced choice of
    appropriate.                                                       alternatives.
       H.  Shoreline stabilization structures shall not be built for      F.  Areas modified by surface alteration activities shall, to
    the purpose of creating fill areas for development unless part     the maximum extent practicable, be revegetated, refilled,
     of an approved surface alteration use.                             cleaned, and restored to their predevelopment condition upon
                                                                       termination of the use.
       I.  Jetties, groins, breakwaters, and similar structures shall   termination of the use.
     be planned, designed, and constructed so as to avoid to the          G.  Site clearing shall to the maximum extent practicable
     maximum  extent practicable downstream  land loss and              be limited to those areas immediately required for physical
     erosion.                                                           development.
       AUTHORITY NOTE:  Promulgated in accordance with R.S.               H.  Surface alterations shall, to the maximum  extent
     49:214.27.                                                         practicable, be located away from critical wildlife areas and
       HISTORICAL NOTE: Promulgated by the Department of Natural        vegetation areas.  Alterations in wildlife preserves and
     Resources, Office of the Secretary, LR 6:493 (August 1980).        management areas shall be conducted in strict accord with the
     ï¿½711. Guidelines for Surface Alterations                           requirements of the wildlife management body.
       A.  Industrial,  commercial,  urban,  residential,  and            I.  Surface alterations which have high adverse impacts on
     recreational uses are necessary to provide adequate economic       natural functions shall not occur, to the maximum extent
     growth and development.  To this end, such uses will be            practicable, on barrier islands and beaches, isolated cheniers,
     encouraged in those areas of the coastal zone that are suitable    isolated natural ridges or levees, or in wildlife and aquatic
     for development.  Those uses shall be consistent with the          species breeding or spawning areas, or in important migratory
     other guidelines and shall, to the maximum extent practicable,     routes.
     take place only:
                      ~~~~~~take place only:                              I~J.  The creation of low dissolved oxygen conditions in the
         1.  on lands five feet or more above sea level or within      water or traps for heavy metals shall be avoided to the
     fast lands; or                                                     maximum extent practicable.
         2.  on  lands  which  have  foundation  conditions               K.  Surface mining and shell dredging shall be carried out
     sufficiently stable to support the use, and where flood and        utilizing the best practical techniques to minimize adverse
 storm hazards are minimal or where protection from these               environmental impacts.
     hazards can be reasonably well achieved, and where the public        L.  The  creation  of underwater  obstructions  which
     safety would not be unreasonably endangered; and

     Louisiana Administrative Code                June 1996         8






                                                           Chapter 7                                                   43:1.715

adversely affect fishing or navigation shall be avoided to the     and/or the migration of aquatic organisms shall not be
maximum extent practicable.                                        constructed in brackish and saline areas to the maximum
                                                                    extent practicable.
  M.  Surface alteration sites and facilities shall be designed,   extent practicable.
constructed, and operated using the best practical techniques        I.  Withdrawal of surface and ground water shall not result
to prevent the release of pollutants or toxic substances into the  in saltwater intrusion or land subsidence to the maximum
environment and minimize other adverse impacts.                    extent practicable.
  N.  To the maximum extent practicable only material that           AUTHORITY NOTE:  Promulgated in accordance with R.S.
is free of contaminants and compatible with the environmental      49:214.27.
setting shall be used as fill.                                       HISTORICAL NOTE: Promulgated by the Department of Natural
                                                                    Resources, Office of the Secretary, LR 6:493 (August 1980).
  AUTHORITY NOTE: Promulgated in accordance with R.S.
49:214.27.                                                         ï¿½715. Guidelines for Disposal of Wastes
  HISTORICAL NOTE: Promulgated by the Department of Natural          A.  The location and operation of waste storage, treatment,
Resources, Office of the Secretary, LR 6:493 (August 1980).        and disposal facilities shall be avoided in wetlands to the
ï¿½713. Guidelines for Hydrologic and Sediment                       maximum extent practicable, and best practical techniques
      Transport Modifications                                     shall be used to minimize adverse impacts which may result
                                                                    from such use.
  A.  The controlled diversion of sediment-laden waters to
initiate  new  cycles  of marsh  building  and  sediment             B.  The generation, transportation, treatment, storage, and
nourishment shall be encouraged and utilized whenever such         disposal of hazardous wastes shall be pursuant to the
diversion will enhance the viability and productivity of the       substantive requirements of the Department of Environmental
outfall area.  Such diversions shall incorporate a plan for        Quality adopted pursuant to the provisions of R.S. 30:217, et
monitoring and reduction and/or amelioration of the effects of     seq.; as amended and approved pursuant to the Resource
pollutants present in the freshwater source.                       Conservation and Recovery Act of 1976 P.L. 94-580, as
                                                                    amended, and of the Office of Conservation for injection
  B.  Sediment deposition systems may be used to offset land       amended, and of the Office of Conservation for injection
                                                                    below surface.
loss, to create or restore wetland areas or enhance building       below surface.
characteristics of a development site. Such systems shall only       C.  Waste facilities located in wetlands shall be designed
be utilized as part of an approved plan. Sediment from these       and built to withstand all expectable adverse conditions
systems shall only be discharged in the area that the proposed     without releasing pollutants.
use is to be accomplished.
                 ~~~use is to be accomplished.  ~D.  Waste facilities shall be designed and constructed using
  C.  Undesirable deposition of sediments in sensitive habitat     best practical techniques to prevent leaching, control leachate
or navigation areas shall be avoided through the use of the        production, and prevent the movement of leachate away from
best preventive techniques.                                        the facility.
  D.  The diversion of freshwater through siphons and                E.  The use of overland flow systems for nontoxic,
controlled conduits and channels, and overland flow to offset      biodegradable wastes, and the use of sump lagoons and
saltwater intrusion and to introduce nutrients into wetlands       reservoirs utilizing aquatic vegetation to remove pollutants
shall be encouraged and utilized whenever such diversion will      and nutrients shall be encouraged.
enhance the viability and productivity of the outfall area.          F   All waste disposal sites shall be marked and, to the
                                                                      F. All waste disposal sites shall be marked and, to the
Such diversions shall incorporate a plan for monitoring and        maximum extent practicable, all components of waste shall be
                                                                    maximum extent practicable, all components of waste shall be
reduction and/or amelioration of the effects of pollutants         identified.
present in the freshwater source.
                                                                      G.  Waste facilities in wetlands with identifiable pollution
  E. Water or marsh management plans shall result in an
                   terorarl benagemt pn  thal prouctivit e ar      problems that are not feasible and practical to correct shall be
overall benefit to the productivity of the area.
                                                                    closed and either removed or sealed, and shall be properly
  F.  Water control structures shall be assessed separately        revegetated using the best practical techniques.
based on their individual merits and impacts and in relation to      H.  Waste shall be disposed of only at approved disposal
                                                                      H. Waste shall be disposed of only at approved disposal
their overall water or marsh management plan of which they         sites.
                                                                    sites.
are a part.
                                                                       I. Radioactive wastes shall not be temporarily or
  G.  Weirs and similar water control structures shall be            I.  Radioactive  wastes  shall  not  be  temporarily  or
                                                                    permanently disposed of in the coastal zone.
designed and built using the best practical techniques to          permanently disposed of in the coastal zone.
prevent "cut arounds," permit tidal exchange in tidal areas,         AUTIHORITY NOTE:  Promulgated in accordance w'ith R.S.
and  minimize obstruction of the migration of aquatic              49:214.27.
organisms.                                                           HISTORICAL NOTE: Promulgated by the Department of Natural
                                                                    Resources, Office of the Secretary, LR 6:493 (August 1980).
  H. Impoundments which prevent normal tidal exchange


                                                                9        Louisiana Administrative Code                June 1996






43:1.717                                            NATURAL RESOURCES

ï¿½717. Guidelines for Uses that Result in the Alteration of             I.  All drilling and production equipment, structures, and
      Waters Draining into Coastal Waters                           storage facilities shall be designed and constructed utilizing
  a. Upland    and   upstream water management programs              best practical techniques to withstand all expectable adverse
  A.  Upland and upstream water management programs 
                                                                   conditions without releasing pollutants.
which affect coastal waters and wetlands shall be designed
and constructed to preserve or enhance existing water quality,         J.  Mineral exploration, production, and refining facilities
volume, and rate of flow to the maximum extent practicable.          shall be designed and constructed using best practical
                                                                  techniques to' ninimize adverse envilronmental irnpacts.
  B.  Runoff from developed areas shall to the maximum
extent practicable be managed to simulate natural water                K.  Effective environmental protection and emergency or
patterns, quantity, quality, and rate of flow.                       contingency plans shall be developed and complied with for
  C.  Runoff and erosion from agricultural lands shall be            all mineral operations.
minimized through the best practical techniques.                       L.  The use of dispersants, emulsifiers, and other similar
  AUTHORITY NOTE:  Promulgated in accordance with R.S.               chemical agents on oil spills is prohibited without the prior
49:214.27.                                                           approval of the Coast Guard or Environmental Protection
  HISTORICAL NOTE: Promulgated by the Department of Natural          Agency on-scene coordinator, in accordance with the National
Resources, Office of the Secretary, LR 6:493 (August 1980).          Oil and Hazardous Substances Pollution Contingency Plan.
ï¿½719. Guidelines for Oil, Gas, and Other Mineral                       M.  Mineral exploration and production sites shall be
      Activities                                                    cleared, revegetated, detoxified, and otherwise restored as
                                                                  near as practicable to their original condition upon termination
  A.  Geophysical surveying shall utilize the best practical         of operations to the maximum extent practicable.
techniques to minimize disturbance or damage to wetlands,
fish and wildlife, and other coastal resources.                        N.  The  creation  of  underwater  obstructions  which
                                                                   adversely affect fishing or navigation shall be avoided to the
  B.  To the maximum extent practicable, the number of               maximum extent practicable
mineral exploration and production sites in wetland areas
requiring floatation access shall be held to the minimum               AUTHORITY NOTE:  Promulgated in accordance with R.S.
number, consistent with good recovery and conservation               49:214.27.
practices and the need for energy development, by directional          HISTORICAL NOTE: Promulgated by the Department of Natural
drilling, multiple use of existing access canals, and other          Resources, Office of the Secretary, LR 6:493 (August 1980).
practical techniques.                                                Subchapter C. Coastal Use Permits and
  C.  Exploration, production, and refining activities shall, to                            Mitigation
the maximum extent practicable, be located away from critical
wildlife areas and vegetation areas.  Mineral operations in          ï¿½723. Rules and Procedures for Coastal Use Permits
wildlife preserves and management areas shall be conducted             A.  General
in strict accordance with the requirements of the wildlife
management body.                                                         1.  Coastal Use Permits. This regulation provides the
                                                                  requirements and procedures for the issuance, denial, renewal,
  D.  Mineral exploration and production facilities shall be         modification, suspension, and revocation  of coastal use
to the maximum extent practicable designed, constructed, and         permits and general coastal use permits.
maintained in such a manner to maintain natural water flow
regimes, avoid blocking surface drainage, and avoid erosion.             2.  Permit Requirement. No use of state or local concern
                                                                  shall be commenced or carried out in the coastal zone without
  E.  Access routes to mineral exploration, production, and          a valid coastal use permit or in-lieu permit unless the activity
refining sites shall be designed and aligned so as to avoid          is exempted from permitting by the provisions of the
adverse impacts on critical wildlife and vegetation areas to the     SLCRMA  or by Subsection B of this subheading.   The
maximum extent practicable.                                          following shall be considered as uses of state or local concern
  F.  Drilling  and  production  sites shall be  prepared,           subject to the requirement of this Subparagraph:
constructed, and operated using the best practical techniques               a.  dredging or filling and discharges of dredged or fill
to prevent the release of pollutants or toxic substances into the    material;
environment.
                                                                         b.  levee   siting,  construction,   operation,   and
  G.  All drilling activities, supplies, and equipment shall be      maintenance;
kept on barges, on drilling rigs, within ring levees, or on the
well site.                                                                  c.  hurricane and flood protection facilities, including
                                                                  the siting, construction, operation, and maintenance of such
  H.  Drilling ring levees shall to the maximum  extent              facilities;
practicable be replaced with small production levees or
removed entirely.                                                           d.  urban   developments,   including  the  siting,
                                                                  construction or operation of residential, commercial,

Louisiana Administrative Code                 June 1996         10







                                                              Chapter 7                                                   43:1.723

   industrial, and governmental structures and transportation                  iii. normal  maintenance  or  repair  of existing
   facilities;                                                        structures including emergency repairs of damage caused by
                                                                       accident, fire, or the elements;
          e.  energy  development activities,  including  any
   siting, construction, or operation of generating, processing                iv. construction of a residence or camp;
   and transmission facilities, pipeline facilities, and exploration           v. construction and modification of navigational
                                                                                 v. construction and modification of navigational
   for and production of oil, natural gas, and geothermal energy;     aids such as channel markes and anchor buoys;
                                                                       aids such as channel markers and anchor buoys;
          f.  mining activities, including surface, subsurface,                vi. activities which  do not have a direct and
   and underground mining, sand or gravel mining, and shell           significant impact on coastal waters.
                                                                       significant impact on coastal waters.
   dredging;
                                                                             b.  Uses  and  activities within  the special area
          g. wastewater discharge, including point and nonpoint
                         g.wastewateurdischarges;, ilnestablished by R.S. 49:214.29(c) which have been permitted
                    ~~~~~~~~~sources;   ~by the Offshore Terminal Authority in keeping with its
          h.  surface water control or consumption, including         environmental protection plan shall not require a coastal use
   marsh management projects;                                         permit.
          i.  shoreline  modification  projects  and  harbor               2.  Activities on Lands 5 Feet or More Above Sea Level
   structures;                                                        or Within Fastlands
          j.  waste disposal activities;                                     a.  Activities occurring wholly on lands 5 feet or more
                   k. recreational developments, including            above sea level or within fastlands do not normally have
                      k.  receationl  devlopmens,  incudingsiting,
                                                                       direct  and   significant  impacts   on   coastal  waters.
   construction and operation of public and private recreational          e     t     a cat pat  o    c se wers
                                                                       Consequently, a coastal use permit for such uses generally
   facilities and marinas;
                                                                       need not be applied for.
          1.  industrial   development,    including   siting,
                           .  industrial   development,    including   siting,  b.  However, if a proposed activity exempted from
   construction, or operation of such facilities;
                    construction, or operation of such facilities;    permitting in Subparagraph a, above, will result in discharges
          m.  any other activities or projects that would require     into coastal waters, or significantly change existing water flow
   a permit or other form of consent or authorization from the        into coastal waters, then the person proposing the activity
   U.S. Army Corps of Engineers, the Environmental Protection         shall notify the secretary and provide such information
   Agency or the Louisiana Department of Natural Resources            regarding the proposed activity as may be required by the
   (see page 83 item 13 of the Louisiana Coastal Resources            secretary in deciding whether the activity is a use subject to a
   Program Final Environmental Impact Statement);                     coastal permit.

          n.  activities which impact barrier islands, salt domes,           c.  Should  it be found that a particular activity
   cheniers, and beaches;                                             exempted by Subparagraph a, above, may have a direct and
                         ~~o.  drainage projects;  ~significant impact on coastal waters, the department may
          o. drainage projects;
                                                                       conduct such investigation as may be appropriate to ascertain
        3.  In-Lieu Permits. Coastal use permits shall not be         the facts and may require the persons conducting such activity
   required for the location, drilling, exploration and production    to provide appropriate factual information regarding the
   of oil, gas, sulphur and other minerals subject to regulation by   activity so that a determination may be made as to whether the
   the Office of Conservation of the Department of Natural            activity is a use subject to a permit.
   Resources as of January 1, 1979. The parameters and
                      Resources as of January 1, 1979.  The parameters and   d.  The secretary shall determine whether a coastal use
   procedures of the in-lieu permit process are as provided for       permit is required for a particular activity.  A coastal use
                                                                       permit is required for a particular activity. A coastal use
   under existing Memorandum of Understanding between the
                    under existing Memorandum of Understanding between the  permit will be required only for those elements of the activity
   Coastal Management Section and the Office of Conservation
                    Coastal Management Section and the Office of Conservation  which have direct and significant impacts on coastal waters.
   and the rules and procedures of the Office of Conservation.
      B.  Activities not Requiring Permits                                   e.  The exemption described in this Section shall not
        B.Activities not Requiring Permits
                                                                       refer to activities occurring on cheniers, salt domes, barrier
        1.  General                                                   islands, beaches, and similar isolated, raised land forms in the
                         a.  The following activities normally do not have  coastal zone. It does refer to natural ridges and levees.
          a. The following activities normally do not have
    direct and significant impacts on coastal waters; hence, a             3.  Emergency Uses
    coastal use permit is not required, except as set forth in the
                                                                              a.  Coastal use permits are not required in advance for
    following clauses:
                                                                       conducting uses necessary to correct emergency situations.
              i. agricultural, forestry, and aquaculture activities
                                                                                 i. Emergency situations are those brought about by
 on lands consistently used in the past for such activities;           natural or man-made causes, such as storms, floods, fires,
            O   i. ariculuralforesry, an aquaultur  actiities        natural or man-made causes, such as storms, floods, fires,
             ii. hunting, fishing, trapping, and the preservation     wrecks, explosions, spills, which would result in hazard to
    of scenic historic, and scientific areas and wildlife preserves;   life, loss of property, or damage to the environment if

                                                                    11      Louisiana Administrative Code                 June 1996






   43:1.723                                         NATURAL RESOURCES

    immediate corrective action were not taken.                       noncommercial  and nonprofit  purposes  and which  are
                            ii. This exemption applies only to those corrective  commonly referred to as "single family" and not multiple
             ii. This exemption applies only to those corrective
                                                                       family dwellings.
   actions which are immediately required for the protection of      family dwellings.
   lives, property, or the environment necessitated by the                    ii. The terms shall refer solely to the construction of
   emergency situation.                                              one such structure by or for the owner of the land for the
                         ~b.                     Pro t nerainuhmrgnyussosowner's use and not to practices involving the building of
          b.  Prior to undertaking such emergency uses, or as
                                                                       more  than onc such structure as in subdividing, tract
   soon as possible thereafter, the person carrying out the use
                                                                       development, speculative building, or recreational community
   shall notify the secretary and the local government, if the use
                                                                       development.
   is conducted in a parish with an approved local program, and      development.
   give a brief description of the emergency use and the                   b.  The exemption shall apply only to the construction
   necessity for carrying it out without a coastal use permit.       of the structure and appurtenances such as septic fields,
                         c.  As soon as possible after the emergency situation  outbuildings, walk-ways, gazebos, small wharves, landings,
          c. As soon as possible after the emergency situation
                    arises, any person who has conducted an emergency use shall  boathouses, private driveways, and similar works, but not to
   arises, any person who has conducted an emergency use shall
                                           the approved local program or  any bulkheading or any dredging or filling activity except for
   report on the emergency use to the approved local program or
                    reporton the aAetermina n ushae mto              small amounts of fill necessary for the structure itself and for
   to the administrator.  A determination shall be made as to
                                                                       the installation and maintenance of septic or sewerage
   whether the emergency use will continue to have direct and
                                                                       facilities.
   significant impacts on coastal waters.  If so, the user shall
   apply for an after-the-fact permit.  The removal of any               6.  Navigational Aids
   structure or works occasioned by the emergency and the
                                                                             a. The construction and modification of navigational
   restoration of the condition existing prior to the emergency 
                                                                       aids shall not require a coastal use permit.
   use may be ordered if the permit is denied in whole or in part.
                                                                             b.  The term shall include channel markers, buoys,
        4. Normal Maintenance and Repair
                                                                       marker piles, dolphins, piling, pile clusters, etc.; provided that
          a.  Normal repairs and the rehabilitation, replacement,    the exemption does not apply to associated dredge or fill uses
   or maintenance of existing structures shall not require a         or the construction of mooring structures, advertising signs,
   coastal use permit provided that:                                 platforms, or similar structures associated with such facilities.
                            i. the structure or work was lawfully in existence,  All navigational aids constructed pursuant to this section shall
              i. the structure or work was lawfully in existence,
                                                                       conform to United State Coast Guard standards and
   currently serviceable, and in active use during the year          requirements.
                                                                       requirements.
   preceding the repair, replacement or maintenance; and,
                                                                           7.  Agricultural, Forestry and Aquacultural Activities
             ii. the repair or maintenance does not result in an
   encroachment into a wetland area greater than that of the               a.  Agricultural, forestry and aquacultural activities on
   previous structure or work; and,                                  lands consistently used in the past for such activities shall not
                                                                       require a coastal use permit provided that:
            iii. the repair or maintenance does not involve          require a coastal use permit provided that:
   dredge or fill activities; and                                              i. The activity is located on lands or in waters
                                                                       which have been used on an ongoing basis for such purposes,
            iv. the repair or maintenance does not result in a
                                                                       consistent with normal practices, prior to the effective date of
   structure or facility that is significantly different in magnitude  sC       act 3   o 1
                                                                       SLCRMA (Act 361 of 1978).
   or function from the original.
                                                                                ii. The activity does not require a permit from the
          b.  This exemption shall not apply to the repair or
                                                                       U.S. Army Corps of Engineers and meets federal requirements
   maintenance of any structure or facility built or maintained in    or s     eeted aivt
                                                                       for such exempted activities; and
   violation of the coastal management program.
                           c.  Coastal  use  permits  will normally  authorize  iii. The activity is not intended to, nor will it result
          c. Coastal use permits will normally authorize
                                                                       in, changing the agricultural, forestry, or aquacultural use for
   periodic maintenance including maintenance dredging. All
                                                                       which the land has been consistently used for in the past to
    maintenance activities authorized by coastal use permits shall
                                                                       another use.
   be conducted pursuant to the conditions established for that      another use.
    permit.  Where maintenance is performed which is not                    b.  The exemption includes but is not limited to
   described in an applicable coastal use permit, it shall conform   normal agricultural, forestry, and aquacultural activities such
   to this Section.                                                  as plowing; seeding; grazing; cultivating; insect control; fence
                        5.  Construction of a Residence or Camp       building and repair; thinning; harvesting for the production of
        5. Construction of aResidence or Camp
                                                                       food, fiber and forest products; maintenance and drainage of
          a.  The construction of a residence or a camp shall not    existing farm, stock, or fish ponds; digging of small drainage
 require a coastal use permit provided that:                          ditches; or maintenance of existing drainage ditches and farm
                                                                       or forest roads carried out in accordance with good
              i. The terms shall refer solely to structures used for  or forest roads  carried  out  in accordance  with  good
                                                                       management practices.

   Louisiana Administrative Code               June 1996        12






                                                                   Chapter 7                                                    43:I.723

            8.  Blanket Exemption.  No use or activity shall require       be $20 for each application and $20 for each request for
S      a coastal use permit if:                                             determination.
              a.  The use or activity was lawfully commenced or                      ii. In addition to the nonrefundable application fee,
        established prior to the implementation of the coastal use          the following fees will be assessed according to total volume
       permit process;                                                     of material disturbed for each permit issued.
              b.  The secretary determines that it does not have a                    (a). Proposed projects which involve fewer than
        direct or significant impact on coastal waters; or                  125 cubic yards of dredge or fill volume shall not be assessed
                                                                           additional fees.
              c.  The secretary determines one is not requiraed
       pursuant to ï¿½723.G of these rules.                                             (b). Proposed projects which involve 125 cubic
                                                                           yards of dredging and/or filling but less than 50,000 cubic
                                                                           yards shall be assessed at the rate of $0.04 per cubic yard.
            1. General Requirements
                                                                                      (c). Proposed projects which involve 50,000 cubic
              a.  Any applicant for a coastal use permit shall file a      yards or more of dredging and/or filling shall be assessed the
        complete application with the State, or at his option, in areas     maximum volume disturbed fee of $2,000.
        subject to an approved local coastal management program,                  b.  If the appropriate fees are not included along with
        with the local government. The department will provide the
                                                         with the local government. The department will provide the  the coastal use permit application, the application will be
        application forms and instructions, including example plats
        and interpretive assistance, to any interested party. The staffs
                                                                           application fee and additional fees, if any, should be paid
        of the coastal management section and approved local 
       programs  shall be  available  for consultation  prior to
       submission of an application and such consultation is strongly             c.  A coastal use permit application which has been
        recommended. Application forms may be periodically revised          returned to the applicant by the Coastal Management Division
        to obtain all information necessary for review of the proposed      or withdrawn by the applicant and is subsequently resubmitted
        project.                                                            shall be subject to an additional processing fee which will
                                                                           consist of an application fee and a permit fee if the application
              b. Separate applications shall be made for unrelated
                                                                           has undergone substantial revisions, pursuant to Subsection
       projects or projects involving noncontiguous parcels of             D.l.a of this Section.
        property. Joint applications may be made in cases of related
        construction involving contiguous parcels of property.                     d.  Individual  applications authorized  under  any
                                                                           existing or future CMD CUP general permits will be assessed
              c.  Applicants for coastal use permits for uses of state
                                                                           only the application fee unless the secretary determines that
        concern shall include with their application filed with they .                    
                                                                           full individual permit processing is in the public interest. If it
                                                                           is determined that a general CMD permit application requires
        forwarded by certified mail or hand delivered to the affected
                                                                           full CUP processing, both the application and permit fee will
        local parish(es) with  an approved  coastal managementd.
        program.
                                                                                  e. Nothing contained in Paragraph 3.a-e shall affect
              d.  Applicants for coastal use permits for uses of state
                                                                           the right of local government and parishes with approved
        concern, who elect to submit their application to the affected
        local parish(es) with an approved local coastal management          programs to assess fees for processing and evaluating coastal
        program, shall include with their application a certification       use permit applications.
        that a copy of the application was forwarded by certified mail            f.  In addition to the fees identified at ï¿½723.C.3.a, the
        or hand delivered to the State.                                     following fees related to compensatory mitigation shall be
                                                                           charged when appropriate pursuant to ï¿½724:
            2.  Content of Application.  The application submitted
        shall contain the same information required for a permit from                 i. compensatory   mitigation   processing   fee
        the U.S. Army Corps of Engineers and such additional                (ï¿½724.D);
        information as the secretary determines to be reasonably                     ii. mitigation bank initial evaluation fee, mitigation
                                                                                     ii. mitigation bank initial evaluation fee, mitigation
        necessary for proper evaluation of an application.
                                                                           bank habitat evaluation fee, mitigation bank establishment
            3.  Fee Schedule                                               fee, and mitigation bank periodic review fee (ï¿½724.F.3);
              a.  The following schedule of fees will be charged for                iii. advanced mitigation project initial evaluation
        the  processing  and  evaluation  of coastal  use  permit           fee, advanced mitigation project establishment fee, advanced
        applications of state concern.                                      mitigation  post-implementation  habitat  evaluation  fee,
                  i. A   nonrefundable   application   fee   shall         advanced mitigation periodic review fee (ï¿½724.G.5);
        accompany each application or request for determination                      iv. compensatory mitigation variance request fee
        submitted to the Coastal Management Division. The fee shall         (ï¿½724.K.2.h).

                                                                       13       Louisiana Administrative Code                 June 1996






      43:1.723                                          NATURAL RESOURCES

          4.  Processing the Application                                 proposed development shall be submitted to the permitting
                                                                        body within 25 days from the date of official journal
            a. When an apparently complete application for a
              O    ~~~~~~~~~~~~~~~~~~~~publication of the notice.
      permit is received, the permitting body shall immediately          publication of the notice.
      assign it a number for identification, acknowledge receipt               d.  A copy of the application will be sent to any person
      thereof, and advise the applicant of the number assigned to it.    requesting it upon payment of a reasonable fee to cover costs
                           b.  Application  processing  will  begin  when  an  of copying, handling, and mailing, except that information of
            b. Application processing will begin when an
                                                                        'a con~fidential or proprietary'natm~'e shall be withheld. RI'nhe
      application that is apparently complete is accepted by the         a confiential or proprietary nature hall be withheld. In te
                      ~~~~~~permitting body.   ~event that attachments to the application are not readily
      permitting body.
                                                                         reproducible, they shall be available for inspection at the
            c.  Within  two  working  days  of receipt of an            permitting office.
      apparently complete application by a local government with
                                                                               e. The permitting body shall consider comments
      an approved program, a copy of the application and all             received in response to the public notice in its subsequent
                                                                         received in response to the public notice in its subsequent
      attachments and the local government's decision as to whether      actions on the permit application. Comments received will be
      the use is one of state or local concern shall be sent to the     mad      e a part of the official file on the application.  If
                                                                         made a part of the official file on the application. If
      secretary.
                      ~~~~~~~~secretary.   ~comments  received relate to matters within the special
            d.  Public notice as described in Paragraph 5 below,        expertise of another governmental body, the permitting body
      will be issued within 10 days of receipt of an apparently          may seek advice of that agency. If necessary, the applicant
      complete application by the secretary.                             will be given the opportunity to furnish his proposed
                           e.  The permitting body shall evaluate the proposed  resolution or rebuttal to all objections from government
            e. The permitting body shall evaluate the proposed
                                      to Paragraph 6 below, to determine the  agencies and other substantive adverse comments before a
      application pursuant to Paragraph 6 below, to determine the
                      needforapubplichearing pursuanfinal decision is made on the application.
      need for a public hearing.
                             ff.  The permitting body, pursuant to Paragraph 8  f.  The secretary shall issue monthly a list of permits
            f. The permitting body, pursuant to Paragraph 8
                                                                         issued or denied during the previous month. This list will be
      below, shall either send a draft permit to the applicant for        is ued o a    rn   h  reiv th pli    ic
                                                                         distributed to all persons who receive the public notices.
      acceptance and signature or send notice of denial to the
      applicant within 30 days of the giving of public notice or             6.  Public Hearings on Permit Applications
      within 15 days after the closing of the record of a public                a.  A public hearing may be held in connection with
                                                                               a. A public hearing may be held in connection with
      hearing, if held, whichever is later.
W    hearing, ihedwhceeisltrthe consideration of an application for a new permit and when
            g.  Public notice of permit decisions shall be given         it is proposed that an existing permit be modified or revoked.
      pursuant to Paragraph 5.a.ii below.
                                                                               b. Any person may request in writing within the
          5.  Public Notice and Consideration of Public Comment         comment period specified in the public notice that a public
                           a.  Public notice of the receipt of all apparently  hearing be held to consider material matters at issue in a
            a. Public notice of the receipt of all apparently
                                                                         permit application. Upon receipt of any such request, the
      complete applications for coastal use permits shall be given       permit application.  Upon receipt of any such request, the
                       ~~~~~~~~~~~~~by:  ~~permitting body shall determine whether the issues raised are
      by:
                                                                         substantial, and there is a valid public interest to be served by
                i. mailing a brief description of the application       holding a public hearing.
      along with a statement indicating where a copy of the
                                                                               c. Public hearing(s) are appropriate when there is
      application may be inspected to any person who has filed a         sinificant  ublic oosition to a roosed use or there have
                                                                         significant public opposition to a proposed use, or there have
      request to be notified of such permit applications and to all       g                                 
                                                                         been requests from legislators or from local governments or
      affected governmental bodies;
                                                                         other local authorities, or in controversial cases involving
                ii. by posting or causing to be posted a copy of the     significant economic, social, or environmental issues. The
      application at the location of the proposed use;                   secretary or local government with an approved program has
                             iii. by sending notice of the application to all  the discretion to require hearings in any particular case.
               iii. by sending notice of the application to all
      appropriate news media in the parish or parishes in which the            d.  If the determination is made to hold a public
      use would be located; and                                          hearing, the permitting body shall promptly notify the
                             iv. by causing the publication of notice of the  applicant, set a time and place for the hearing, and give public
               iv. by causing the publication of notice of the
                                                                         notice.
      application once in the official journal of the state; or for uses
      of local concern in parishes with approved local programs, by            e.  If a request for a public hearing has been received,
      causing the publication of notice of the application once in the   and the decision is made that no hearing will be held, public
      official journal of the parish.                                    notice of the decision shall be given.

IsO    ~     b.  Notice shall be considered given upon publication            7.  Additional Information
      in the official journal.
                                                                               a.  If an application is found to be incomplete or
             c.  The notice shall set forth that any comments on the     inaccurate after processing has begun or if it is determined

      Louisiana Administrative Code                June 1996        14






                                                                   Chapter 7                                                  43:1.723

      that additional information from the applicant is necessary to    as approved or is abandoned;
      assess the application adequately, processing will be stopped              iv. provide, if required by the permitting body, an
                                                                                     iv. provide, if required by the permitting body, an
      pending receipt of the necessary changes or information from      acceptable surety bond in an appropriate amount to ensure
                                                                           acceptable surety bond in an appropriate amount to ensure
      the applicant and the processing periods provided for in
                       the applicant and the processing periods provided for in  adjustment, alteration, or removal should the permitting body
      Paragraph 4.d and f will be interrupted. Upon receipt of the      determine it necessary;
                                                                           determine it necessary;
      required changes or information, a new processing period will
      begin.                                                                     v. hold and save the State of Louisiana, the local
                                                                           government, the department, and their officers and employees
            b.  If the applicant fails to respond within 30 days to
                                                                           harmless from any damage to persons or property which
      any request or inquiry of the permitting body, the permitting        hres   from  te ors n            or  r       perm
                                                                           might result from the work, activity, or structure permitted;
      body may advise the applicant that his application will be
      considered as having been withdrawn unless and until the                   vi. certify that any permitted construction has been
      applicant responds within 15 days of the date of the letter.      completed in an acceptable and satisfactory manner and in
                                                                           accordance with the plans and specifications approved by the
          8. Decisions on Permits
                                                                           permitting  body.    The  permitting  body  may,  when
            a.  The permitting body will determine whether or not      appropriate, require such certification be given by a registered
      the permit should be issued. Permits shall be issued only for     professional engineer.
      those uses which are consistent with the guidelines, the state          b.  The  permitting  body  shall place  such  other
                                                                                  b. The permitting body shall place such other
      program, and affected approved local programs. The
                       program, and affected approved  local programs.   T  conditions on the permit as are appropriate to ensure
      secretary shall not consider the use to be consistent with the
                                                                            compliance with the coastal management program.
      state program unless the permit includes condition(s) which,
      pursuant to ï¿½724, ensure the mitigation of wetland ecological           c.  Permitted uses subject to this Part shall be of two
      values which would be lost due to the use. Permit decisions       types, continuing and noncontinuing uses, which are defined
      will be made only after a full and fair consideration of all      below as follows.
      information before the permitting body, and shall represent an
                                                                                      i. Continuing uses are activities which by nature
      appropriate balancing of social, environmental, and economic                i  onaningue   eames   icue
                                                                            are carried out on an uninterrupted basis, examples include
      factors. The permitting body shall prepare a short and clear                                           
                                                                            shell dredging and surface mining activities, projects
      statement explaining the basis for its decision on all
                                                                            involving maintenance dredging of existing waterways, and
 applications.  This statement shall include the permitting             maintenance and repair of existing levees.
      body's conclusions on the conformity of the proposed use with
      the guidelines,  the state program  and approved  local                     ii. Noncontinuing uses are activities which by
      programs. The statement shall be dated, signed, and included      nature are done on a one-time basis, examples include
      in the record prior to final action on the application.           dredging access canals for oil and gas well drilling,
                            b.  If the staff of the permitting body recommends  implementing an approved land use alteration plan, and
             b. If the staff of the permitting body recommends
                                                                            constructing new port or marina facilities.
      issuance of the permit, the permitting body will forward two      constructing new port or marina facilities.
      copies of the proposed permit to the applicant. A letter of             d.  The term of issuance of permits shall be as follows.
      transmittal to the applicant shall include the recommendations                 The term to initiate a coastal use permit for a
                                                                                      i. The term to initiate a coastal use permit for a
      to the secretary and the anticipated date on which the            noncontinuing use shall be two years from the date of
                                                                            noncontinuing use shall be two years from the date of
      application shall be presented to him for action. Unless good     issuance, and the term to complete the use shall be five years
                                                                            issuance, and the term to complete the use shall be five years
      cause is then presented in support of changes to the permit and
                                                                            from the date of issuance. The permit term for initiation may
      the conditions therein, the permit will be presented to the       be extended pursuant to Subsection D for an additional two
                                                                            be extended pursuant to Subsection D for an additional two
      secretary for action in such form.
                                                                            years. The permit term for completion may not be extended.
             c.  Final action on the permit application is the
                                                                                      ii. The term ofa coastal use permit for a continuing
      signature of the issuing official on the permit or the mailing of               he em       osa   e permit
                                                                            use shall be five years from the date of issuance. The permit
      the letter notifying the applicant of the denial.
                                                                            term may not be extended.
          9. Conditions of Permit
                                                                              D.  Modification, Suspension or Revocation of Permits
             a.  By accepting the permit, the applicant agrees to:            .  Modifications
                                                                                 1. Modifications
                 i. carry out or perform the use in accordance with
                                                                                   a. The terms and conditions of a permit may be
      the plans and specifications approved by the permitting body;     modified to allow changes in the permitted use, in the plans
                                                                            modified to allow changes in the permitted use, in the plans
                ii. comply with any permit conditions imposed by        and specifications for that use, in the methods by which the
      the permitting body;                                              use is being implemented, or to assure that the permitted use
                              iii. adjust, alter, or remove any structure or other  will be in conformity with the coastal management program.
                 D   ~~~~~~~~~~~~~~~~~~Changes which would significantly increase the impacts of a
      physical evidence of the permitted use if, in the opinion of the  Changes which would significantly increase the impacts of a
                                     it proves to be beyond the scope of the use  permitted activity shall be processed as new applications for
      permitting body, it proves to be beyond the scope of the use
                                                                            permits pursuant to Subsection C, not as a modification.

                                                                       15       Louisiana Administrative Code                June 1996






43:1.723                                          NATURAL RESOURCES

      b.  A permit may be modified upon request of the            of the original permit with its associated drawings in
permittee.                                                         accordance with Subparagraph h below. The secretary shall
                                                                   consider public comments received during this period prior to
          i. if mutual agreement can be reached on a
                         *w  i.                  .,,, mutual agreemetcthe final decision on whether to allow permit extension. The
modification, written notice of the modification will be given     sole reason for not allowing extension based upon public
                                                                  sole reason for not allowing extension based upon public
to the permittee;                                                  comment shall be that there has been a change in the
         ii. if mutual agreement cannot be reached, a             conditions of the area affected by the permit since the permit
permittee's request for a modification shall be considered         was originally issued.
denied.
                                                                         c.  If the secretary determines that a permit should not
    2.  Suspensions                                               be extended, the permittee shall be notified and, provided that
                                                                   the permittee desires a new permit, the use shall be subject to
      a.  The permitting body may suspend a permit upon a
        a.fhe* erinding bodytmayhsuspend apermit           : upon a  processing as a new permit application pursuant to the
                                                                   procedures set forth in Subsection C.  A decision of the
          i. the permittee has failed or refuses to comply with    secretary not to allow extension of a permit shall not be
the terms and conditions of the permit or any modifications        subject to appeal.  A  decision of the secretary to allow
thereof, or                                                        extension shall be subject to appeal only on the grounds that
                                                                   the proposed activity should be treated as a new application
                                                                   pursuant to Subsection C rather than be considered for
information in his application or otherwise, or                    extension.
         iii. the permittee has failed or refused to comply
                                                                         d.  The permit terms of noncontinuing uses may be
with any lawful order or request of the permitting body or the
                                                                   extended once for an additional two years, except that an
secretary.                                                         extension may be granted only for the term to initiate work
      b.  The permitting body shall notify the permittee in       and not for the term to complete work as described in
writing that the permit has been suspended and the reasons         Subsection C.9.c.i above.
therefor and order the permittee to cease immediately all                e.  All coastal use permits in effect on the date these
previously authorized activities. The notice shall also advise
                                                                   rules are adopted are eligible for extension provided that all
the permittee that he will be given, upon request made within      requirements in Subparagraph f below are met.
                                                                   requirements in Subparagraph fbelow are met.
10 days of receipt of the notice, an opportunity to respond to
the reasons given for the suspension.                                    f.  Extension requests shall be in the form of a written
                                                                   letter which shall refer to the original coastal use permit
      c.  After consideration of the permittee's response, or,
                                                                   application number and specifically state that a permit
if none, within 30 days after issuance of the notice, theion rst                                                     th a
                      permitting  b o dy.  s   h    a      l     l t a ke a extension is desired. An extension request fee in the amount
permitting body shall take action to reinstate, modify or
                                                                   of $80 must be included with such a request, and the request
revoke the permit and shall notify the permittee of the action
                                                                   must be received by the Coastal Management Division no
                                                                   sooner than 180 days and no later than 60 days prior to the
    3.  Revocation. If, after compliance with the suspension      expiration of the permit in question. Requests received later
procedures in Subsection B, above, the permitting body             than 60 days prior to the expiration date of the permit shall not
determines that revocation or modification of the permit is        be eligible for consideration for extension.
warranted, written notice of the revocation or modification
                                                                         g.  Extension requests involving modifications to a
shall be given to the permittee.
                                                                   permitted activity which would result in greater impacts to the
    4.  Enforcement.  If the permittee fails to comply with       environment than previously permitted will be considered as
a cease and desist order or the suspension or revocation of a      new applications rather than as extension requests.  Extension
permit, the permitting body shall seek appropriate civil and       requests involving modifications to a permitted activity which
criminal relief as provided by ï¿½214.36 of the SLCRMA.              would result in identical or lesser impacts to the environment
                                                                   than previously permitted may be considered as extension
                                                                   requests, and must, in addition to the requirements in
       a.  The secretary shall review extension requests           Subparagraph f above, contain adequate information (such as
subject to this part on a case-by-case basis. The secretary        drawings, maps, etc.) to support and explain the proposed
shall determine, based upon the merits of the request and upon     modifications.
the compliance of the permitted activity with the regulations                                                       shall issue
                                                                          h. The Coastal Management Division shall issue
and policies existing at the time of the request, whether
                                                                   notice of the extension request to all members of the Joint
extension may be considered.
extension may be considered.                                       Public Notice mailing list, and shall publish notice that the
       b.  If the secretary determines that extension may be       extension request has been granted or denied in the Bi-weekly
considered, the Coastal Management Division shall cause to         Status Report that is published in the state journal as well as
be issued for public comment, for a period of 25 days, a copy      mailed to Joint Public Notice mailing recipients.


Louisiana Administrative Code                June 1996        16






                                                                 Chapter 7                                                  43:1.723

         E.  General Permits                                                 1.  Filing of Applications with a Local Government with
           1.  General                                                  an Approved LocalCoastal Program
                                                                                a. The local government shall make the initial
is ~~~a. The administrator may, after compliance with the a  h oa oenetsalmk h nta
             a.  The administrator may, after compliance with the       determination as to whether the use is one of state concern or
       procedures set forth in Subsection C.4 and 5, issue general       local concern  on  all applications  filed with the local
       permits for certain clearly described categories of uses           overnment. This determination shall be based on the criteria
       requiring coastal use permits. After a general permit has been    g
                                                                          set for~h in Paragraph 3 belowv.
       issued, individual uses falling within those categories will not  set forth in Paragraph 3 below.
       require  full  individual  permit  processing  unless  the              b.  The determination and a brief explanation of the
       administrator determines, on a case-by-cases basis, that the      rationale behind the determination shall be forwarded to the
       public interest requires full review.                             secretary within two working days of receipt of the apparently
                                                                          complete application, pursuant to Subsection C.4.d.
             b.  General permits may be issued only for those uses      complete application, pursuant to Subsection C.d.
       that are substantially similar in nature, that cause only               c.  The  secretary  shall review  the decision and
       minimal adverse impacts when performed separately, that will      rationale and shall let it stand or reverse it. If the secretary
       have only minimal adverse cumulative impacts and that             reverses the  local  decision,  notice,  including  a brief
       otherwise do not impair the fulfillment of the objectives and     explanation of the rationale for the reversal shall be sent to the
       policies of the coastal management program.                       local government within two working days of receipt of the
                                                                          application from the local government.
             c.  When an individual use is authorized under a           application from the local government.
       general permit, the authorization shall include condition(s)            d.  The appropriate permitting body for the use, as
       which, pursuant to ï¿½724, ensure the mitigation of wetland         determined by the secretary, shall thereafter be responsible for
       ecological values which would be lost due to the individual       the permit review process.
       use.
                         ~~~~~~~~~~~~use.   ~~~2.  Filing of Application with the Secretary. Within two
             d.  In addition to the fees identified at ï¿½723.C.3.a, any  working  days of the filing of an apparently complete
       person seeking authorization under a general permit shall be      application with the secretary, the secretary shall make a
       charged  a compensatory  mitigation  processing  fee,  if         determination as to whether the use is one of state concern or
       applicable, pursuant to ï¿½724.D.                                   local concern based on the criteria set forth in Paragraph 3
           2.  Reporting                                                 below. Notice shall be given to affected local programs of the
              0.  ReportCdetermination whether the use is a use of state or local
             a.  Each person desiring to commence work on a use         concern. The secretary shall give full consideration to local
       subject to a general permit must give notice to the secretary     program comments or objections to any such determination in
       and receive written authorization prior to commencing work,       making future determinations.
       Such authorization shall be issued within 30 days of receipt of       3.  Criteria for Determination
       the notice.
                                                                                 a. The following factors shall be used in making a
             b.  Such notice shall include:
                                                                          determination as to whether a use is of state or local concern:
                 i. the name and address of the person conducting
                                  i. the name and address of the person conductingi. the specific terms of the uses as classified in the
       the use,                                                          act;
                                                                          act;
                ii. such descriptive material, maps, and plans as
                                 ii. such descriptive material, maps, and plans as    the relationship of a proposed use to a particular
       may be required by the secretary for that general permit.         use classified in the act;
           3. Conditions of General Permits
                                                                                   iii. if a use is not predominately classified as either
              a.  The secretary shall prescribe such conditions for      state or local by the act or the use overlaps the two
       each general permit as may be appropriate.                        classifications, it shall be of local concern unless it:
              b.  A general permit may be revoked if the secretary                  (a). is being carried out with state or federal funds;
       determines that such revocation is in the public interest and               (b). involves the use of or has significant impacts
                                                                                     (b). involves the use of or has significant impacts
       consistent with the coastal management program.
                        consistent with the coastal management program.  on state or federal lands, water bottoms, or works;
           4.  Local General Permits. A local government with an
                                                                                     (c). is mineral or energy development, production
       approved local program may issue general permits for uses of                               or rasot     i        ,ro
                                                                          or transportation related;
       local concern under its jurisdiction pursuant to the above
       procedures. Such general permits shall be subject to approval               (d). involves the use of, or has significant impacts,
       by the secretary.                                                 on barrier islands or beaches or any other shoreline which
         F.  Determinations as to Whether Uses are of State              forms  part  of the  baseline  for  Louisiana's  offshore
         F. Determinations as to Whether Uses are of State
       Concern or Local Concern                                          jurisdiction;
                                                                                     (e). will result in major changes in the quantity or

                                                                      17       Louisiana Administrative Code                June 1996






          43:1.723                                           NATURAL RESOURCES

          quality of water flow and circulation or in salinity or sediment          b.  The notice sent to the requestor or applicant shall
          transport regimes; or                                               include a short and plain statement of the basis for the
                     _   ) .   h as signi                fi          c      ant .nterparish .o int erstate impacts. decision. Public notice of the decision shall be given pursuant
                     (f). has significant interparish or interstate impacts.  to Subsection C.5.f of these rules.
                b.  For purposes of this Paragraph, the term "state"
          shall mean the state of Louisiana, its agencies, and political
          subdivisions; but not local governments, their agencies and               a.  If the determination is that a coastal use permit is
          political subdivisions.                                             required, processing of the application may be commenced or
                                                                             continued pursuant to Subsection C of these rules.
            G.  Determination as to Whether a Coastal Use Permit Is
          Required                                                                  b.  If the determination is that a coastal use permit is
                                                                             not required, the requestor or the applicant may proceed to
                                                                             carry out the activity. Provided that the secretary shall not be
                a.  Any person who proposes to conduct an activity           stopped from subsequently requiring a permit or issuing cease
          may submit a request in writing to the secretary for a formal       and desist orders if it is found that the activity as implemented
          finding as to whether the proposed activity is a use of state or    is significantly different from that shown on the request or
          local concern within the coastal zone subject to the coastal use    application, does in fact have a direct or significant impact on
          permitting program.  The person making the request shall            coastal waters, or otherwise requires a coastal use permit.
          submit with the request a complete application for a coastal        Other civil or criminal sanctions shall not be available in the
          use permit and shall provide such additional information            absence of fraud, ill practices, deliberate misrepresentation, or
          requested by the secretary as may be appropriate.                   failure to comply with any cease and desist or other lawful
                 b.  The requesting party must set forth sufficient facts     order of the secretary.
          to support a finding that the proposed activity either:               AUTHORITY NOTE:  Promulgated in accordance with R.S.
                                                                             49:214.30
                    i. is exempt from coastal use permitting; or                HISTORICAL NOTE: Promulgated by the Department of Natural
                   ii. does not have a direct and significant impact on      Resources, Office of the Secretary, LR 6:493 (August 1980),
                                                                             amended LR 8:519 (October 1982), amended by the Office of
                                                                             Coastal Restoration and Management, LR 16:625 (July 1990),
                   iii. is outside the coastal zone boundary.                 amended by the Office of the Secretary, LR 21:835 (August 1995).
                 c.  Within 30 days of receipt of the request and the         ï¿½724. Rules and Procedures for Mitigation
          complete application, the requestor shall be sent notice of the       A.  General. This Section provides general procedures for
          decision on the request and public notice of the decision shall     avoiding and minimizing adverse impacts identified in the
          be given.                                                           permit  review  process,  restoring  impacted  sites when
              2.  Finding Without Request                                    appropriate, quantifying anticipated unavoidable wetland
                                                                             ecological value losses, requiring appropriate and sufficient
                 a.  In reviewing a permit application for which no           compensatory  mitigation,  establishing mitigation banks,
          request has been submitted, the secretary may find after full       establishing advanced mitigation projects, and evaluating and
          consideration of the application,  likely impacts of the            processing requests for variances from the compensatory
          proposed use, comments received, and applicable rules,              mitigation requirement.
          regulations and guidelines, that a coastal use permit is not
          required. If he finds that no permit is required, the secretary       B.  Avoidance, Minimization, and Restoration of, and
          shall notify the applicant and give public notice.                  Compensation for, Potential Wetland Ecological Value Losses
                 b.  A local government with an approved program                   1.  The secretary shall not grant a coastal use permit or
          may request that the secretary review an application for a use      issue a general permit authorization for an individual activity
          of local concern and make a determination as to whether a           unless the permit/authorization is conditioned to include:
          coastal use permit is required, pursuant to the procedures                a.  any locations, designs, methods, practices, and
          provided for in Paragraph 2.a above.  The secretary shall           techniques which may be required, following a thorough
          notify the local government of his decision.                        review of ï¿½ï¿½701-719, to avoid and minimize those adverse
               3.  Decisions                                                  impacts identified during the permit review process; and
                 a.  Only the secretary may determine that a coastal use             b.  any locations, designs, methods, practices, and
          permit is not required. A permit shall not be required if the       techniques which may be required, following a thorough
          proposed use or activity will not occur within the boundary of      review  of ï¿½ï¿½701-719,  to restore impacted  sites when
          the coastal zone, does not have a direct and significant impact     appropriate; and
is on coastal waters, or is exempt from permitting by Subsection                     c.  a requirement for compensatory  mitigation to
          C of these rules or by ï¿½214.31 (B) or (C), ï¿½214.32 (A) or           offset any net loss of wetland ecological value that is
          ï¿½214.34 of the SLCRMA.

          Louisiana Administrative Code                June 1996         18







                                                          Chapter 7                                                   43:1.724

anticipated to occur despite efforts to avoid, minimize, and       general accordance with the U.S. Fish and Wildlife Service's
restore permitted/authorized :irnpacts (i.e., unavoidable net      Habitat Evaluation Procedure: CHUs = (T2 - T.) x ([(A, x
loss of wetland ecological value), unless a variance is granted    HSI, + A2 x HSI) / 3] + [(A  x HSI ,+ A ,x HSI  / 6]},
pursuant to ï¿½724.K.                                                where Tl = first year of time interval, T2 = last year of time
    2.  If the secretary determines that a proposed activity      interval, A, = wetland acres at beginning of time interval, A2
would comply with ï¿½ï¿½701-719 and would not result in a net          = wetland acres at end of time interval, HSI, = habitat
-loss -of wetland ecological values, -the secretary shall not      suitability -index .at beginning of time interval, and HSI2 =
require compensatory mitigation.                                   habitat suitability index at end of time interval.
    3.  When a proposed oil and gas exploration site would             4.  If AAHUs are determined to be appropriate:
impact vegetated wetlands, the determination regarding the               a.  Net gain or net loss of ecological value   (AAHUs
avoidance and minimization of adverse impacts and impact           produced in a future-with-project scenario) -  (AAHUs
site restoration for the proposed exploration activity and its     produced in a future-without-project scenario).
associated production and transmission activities shall be
made through the geological review procedure.                            b.  AAHUs = (sum of CHUs for a given scenario) /
                                                                  (project years).
    4.  In addition to the requirement contained in ï¿½724.B.3,
the secretary may utilize the geologic review procedure, when          5.  The quantification of "wetland acres," at selected
requested by the Louisiana Department of Wildlife and              times throughout the project years, shall be based on the
Fisheries (LDWF), to render the determination regarding            following factors:
avoidance and minimization of adverse impacts and impact                 a.  the vegetated wetland acreage depicted, in the
restoration, for proposed oil and gas exploration activities and   accepted permit application, as being directly impacted by the
its associated production and transmission activities which        proposed activity;
would:
                                                                        b. when determined to be appropriate by the
      a.  occur within one-quarter mile of an oyster seed         secretary, vegetated wetland acreage of secondary impact; see
ground, oyster seed reservation, or a public oyster harvesting     definition of secondary impact in ï¿½700; and
area;
                                                                        c. the vegetated wetland acreage that would have
      t   b.  impact other oyster or other shell reef(s);         been present at the activity site, at selected times throughout
      c.  occur within the boundaries ofa wildlife refuge or      the project years, without implementation of the proposed
wildlife management area owned or managed by LDWF; or              activity, based on the best available, as determined by the
                                                                  secretary, vegetated wetland loss or gain data.
      d.  occur within an area designated as a natural and
scenic river in accordance with the provisions of R.S. 56:1840         6.  If(l) the vegetated wetland acreage to be altered by
et seq.                                                            the proposed activity is limited to the area depicted in the
                                                                  accepted permit application and (2) the only anticipated
  C.  Quantification  of  Anticipated  Net  Gains  and             variation in that acreage would be due to vegetated wetland
Unavoidable Net Losses of Ecological Value                         loss or gain, an "adjusted acreage" can be calculated with the
     1.  When   compensatory   mitigation   would   be             following formula and utilized in lieu of calculating acreage
accomplished via the use of the Fina-Laterre Mitigation Bank       at selected times throughout project years: Adjusted acres =
or the Nature Conservancy's Pine Flatwood Mitigation Bank,         {acres of direct impact - [acres of direct impact x annual land
net gains and unavoidable net losses of ecological value shall     loss rate x (project years / 2)]}.
be quantified in accordance with the valuation and accounting          7.  The secretary shall provide upon request, to any
procedures  described  in the respective  memoranda  of            interested party, the source and resultant vegetated wetland
agreement.                                                         loss or gain data which would be applied to a specific
    2.  Except as allowed  in ï¿½724.C.1  and  ï¿½724.H.3,            proposed activity.
anticipated net gains and unavoidable net losses of ecological         8.  "Habitat  suitability  indices"  (HSI)  shall  be
value shall be quantified as cumulative habitat units (CHUs)       determined by applying:
or average annual habitat units (AAHUs), whichever is most
appropriate for the given situation.                                     a.  for marsh habitats, the May 2, 1994, version of the
                                                                  Wetland Value Assessment Methodology Models, developed
    3.  If CHUs are determined to be appropriate:                 by the Coastal Wetland Planning, Protection, and Restoration
       a.  Net gain or net loss of ecological value = (sum of      Act (P.L. 101 -646) Environmental Work Group; or
CHUs produced in a future-with-project scenario) - (sum of               b.  for bottomland hardwoods and fresh swamp, the
CHUs produced in a future-without-project scenario).               January 10, 1994, version of"Habitat Assessment Models for
       b.  CHUs for each time interval within the project          Fresh  Swamp  and  Bottomland  Hardwoods  Within  the
years shall be calculated by the following formula and in          Louisiana Coastal Zone."

                                                              19       Louisiana Administrative Code                June 1996






43:1.724                                        NATURAL RESOURCES

    9. The secretary may adopt modifications to those
models, provided that the resultant "habitat suitability index"     Vegetated Wedtand Acres        Compensatory
values do not vary more than 15 percent from the above                 Depicted as Directly          Mitigation
referenced versions. Modifications which cause greater than            Altered in Accepted         Processing Fee
15 percent variation in "habitat suitability index" values or          Permit Application
adoption of alternative models or methodology may be
undertaken only in accordance with provisions of R.S. 49:953.                0 - 0.50                   $150
The amount of variation shall be determined by comparing the
results of the models referenced above with the results of the              0.51 - 1.00                 $300
modified models on a minimum of 10 sites for the appropriate                1.01 - 2.00                 $600
habitat type(s).
  D. Compensatory Mitigation Processing Fees                               2.01 - 3.00                  $900

    1.  In addition to the fees identified at ï¿½723.C.3.a.i-ii,             3.01 -4.00                  $1,200
when the secretary determines that compensatory mitigation
would be required pursuant to ï¿½724.B, a fee shall be charged                4.01 - 5.00                $1,500
for the evaluation, processing, and determination of
compensatory mitigation requirements. The fee shall apply                  5.01 - 10.00                $2,250
regardless of which compensatory mitigation option is
selected and shall be in addition to any cost incurred to                  10.01 - 15.00               $3,750
implement the required compensatory mitigation.   The                      15.01 -25.00                $6,000
requested permit or general permit authorization for an
individual activity shall not be issued until the secretary has           25.01 - 100.00              $12,500
received the compensatory mitigation processing fee. This fee
shall be determined as follows:                                             > 100.00                   $15,000
      a. Noncommercial activities which directly impact
1.00 acre or less of vegetated wetlands shall be assessed a         2.  Unless waived or reduced by the secretary, the
compensatory mitigation processing fee of $50.                  compensatory mitigation processing fee shall apply even if the
      b.  All  other  activities  shall  be  assessed  a        secretary grants a full variance to the compensatory mitigation
compensatory  mitigation  processing  fee according  the        requirement pursuant to ï¿½724.K.
following table:






























Louisiana Administrative Code              June 1996       20







                                                          Chapter 7                                                  43:1.724

  E.  Compensatory Mitigation Options                             of establishing a mitigation bank, the secretary shall consider
                                                                  the following factors:
    1.  Compensatory mitigation shall be accomplished            the following factors
through  one  or more  of the following  compensatory                   a.  the potential mitigation bank operator's history of
mitigation options as approved by the secretary:                  compliance with the guidelines and the state program over at
                                                                  least the preceding five years;
      a.  use or acquisition of an appropriate type and
quantity of mitigation credits from a mitigation bank approved          b.  the mitigation bank operator's potential ability to
by the secretary, pursuant to ï¿½724.F;                             operate and maintain the mitigation bank throughout the life
                       b.  use or acquisition of an appropriate type and  of the bank (i.e., 20 years for marsh mitigation banks or 50
      b.  use or acquisition of an appropriate type and
                                                                  years for forested wetland mitigation banks);
quantity of advanced mitigation credits from an advanced          years for forested wetland mitigation banks);
mitigation project approved by the secretary, pursuant to               c.  the mitigation bank's potential to create, restore,
ï¿½724.G;                                                           protect, and/or enhance vegetated wetlands;
      c.  implementation  of  an  individual  mitigation                d.  the mitigation bank's potential effect (positive or
measure or measures to offset the unavoidable ecological          negative) on wetland values such as fish and wildlife habitat
value losses associated with the permitted activity, pursuant     (particularly rare habitat or habitat for rare fauna), floodwater
to ï¿½724.H;                                                        storage, water quality improvement, storm surge protection,
      d.  monetary contribution to the affected landowner,       etc.;
affected parish, and/or the Louisiana Wetlands Conservation             e.  the mitigation bank's potential effect (positive or
and Restoration Fund, pursuant to ï¿½724.1; and                     negative) on lands and wetland values adjacent to or in the
      e.  "other"   compensatory   mitigation   optionsity of the bank;and
determined to be appropriate by the secretary.                          f.  whether the proposed project is included on,
                                                                  consistent with, or in conflict with any state and/or federal
  F.  Mitigation Banks
                                                                  project list, general plan, or other effort designed to create,
    1.  The secretary shall consider proposals by federal and    restore, protect, or enhance vegetated wetlands.
state agencies, local governing bodies, and private entities to       3.  In addition to the fees identified at ï¿½723.C.3.a.i-ii,
establish wetland mitigation banks.
                     0 establish wetland mitigation banks.       nonrefundable fees shall be charged for the initial evaluation,
    2.  In determining the acceptability and appropriateness      habitat evaluation, establishment, and periodic review of
                                                                  mitigation banks according to the following table:



    Proposed Mitigation         Informal             Initial             Habitat         Establishment          Periodic
       Bank Acreage              Review           Evaluation          Evaluation              Fee             Review Fee
                                                       Fee                 Fee

           0- 100                  $0                 $75                 $350                 $75                $50

          101 - 500                $0                 $150                $700                $150               $100

         501 - 1,000                $0                $225               $1,050               $225               $200

         1,001 - 5,000              $0                $300               $1,400                $300               $300

           > 5,000                  $0                $375               $1,750               $375                $400


    4.  Proposals for the establishment of mitigation banks            b.  Potential mitigation bank operators shall submit a
utilizing projects which have been permitted but not fully       written request for the secretary to consider designation of a
implemented or projects which would not require a permit shall   mitigation bank; the following must be provided with the
be considered as follows:                                        request:
      a.  The secretary shall provide, without charging a fee,            i. coastal use permit and Section 404 (Corps')
potential mitigation bank operators an opportunity to present    permit numbers, if applicable;
a preliminary proposal and to receive informal input from the
department prior to formally initiating the review process       such information is already on file with the department;
described in the remainder of this Subsection.
                                                                          iii. a statement describing the extent to which the

                                                             21       Louisiana Administrative Code                June 1996






43:1.724                                           NATURAL RESOURCES

project has been implemented;                                            j.   The secretary shall render a final determination as
                                                                  to whether the project would be acceptable as a mitigation
         iv. a statement identifying the current and anticipated                      to whether the project would  be acceptable as  a mitigation
                                                                   bank. If the project is determined to be acceptable as a
source(s) of funding, particularly any public funds or funds                        the                             b
                                                                   mitigation bank, the secretary and the mitigation bank operator
acquired as mitigation for a previously permitted/authorized
   ..acquiredasmitigationforapreviously permitted/autho ed         shall enter into a memorandum of agreement (MOA) which
                                                                   fulfills the requirements of ï¿½724.F.8. The MOA shall serve as
         v. the  mitigation  bank  initial  evaluation  fee       the formal document which designates a project as a mitigation
identified at ï¿½724.F.3.                                            bank. The Corps, each state advisory agency, and each federal
                                                                   advisory agency may indicate its approval of the mitigation
      c.  The secretary shall review the request and within 20
                                                                   bank by signing the MOA.
days:
                                                                       5. Proposals for the establishment of mitigation banks
          i. inform the potential operator of the request's       utilizing projects which would require a permit shall be
completeness; and                                                  considered as follows:
         ii. if the request is not complete or if additional
                         . if the request is not complete or if additional  a.  The secretary shall provide, without charging a fee,
information is needed, the secretary shall advise the potential    potential mitigation bank operators an opportunity to present
operator, in writing, of the additional information necessary to    prelimi nary propo sal       and t o receive informal  input from the
                                                                   a preliminary proposal and to receive informal input from the
                                                                   department prior to formally initiating the review process
      d.  Within 30 days of the secretary's acceptance of the     described in the remainder of this Subsection.
request as complete, the secretary shall invite state advisory            b.  Potential mitigation bank operators shall submit a
agencies,  the  Corps,  and  federal  advisory  agencies  to       standard permit application in accordance with  723C  The
participate in a meeting(s) to further evaluate the proposal.      following must  be pr ovided with the permit application
The secretary shall consider the comments of the state advisory
agencies, the Corps, and federal advisory agencies made during               i. a statement indicating the applicant's interest in
such meeting(s) or received in writing within 20 days of any       establishing a mitigation bank;
such meeting(s).
                                                                             ii. a statement identifying the current and anticipated
      e.  Within 90 days of the secretary's acceptance of the     source(s) of funding, particularly any public funds or funds
request as complete, the secretary shall render a preliminary      acquired as mitigation for a previously permitted/authorized
determination as to whether the project would be acceptable as     activity; and
a mitigation bank and:                                                      iii. the  mitigation  bank  initial  evaluation  fee
          i. if the project is preliminarily determined to be      identified at ï¿½724.F.3.
acceptable as a mitigation bank, the secretary shall inform the
                                                                          c.  The secretary shall review and process the permit
potential operator of such determination; or                       application  in  accordance  with  ï¿½723.C,  with  added
          ii. if a project is preliminarily determined to be       consideration that the project is proposed as a mitigation bank.
unacceptable as a mitigation bank, the secretary shall advise
                                                                          d.  During the public notice period, the secretary shall
the potential bank operator, in writing, of the reasons for suchnnn
                                                                   invite state advisory agencies, the Corps, and federal advisory
a determination and, if applicable, the secretary may suggest      agencies to participate in a meeting(s) to further evaluate the
modifications which could render the project preliminarily
                                                                   proposal. The secretary shall consider the comments of the
acceptable as a mitigation bank.
                    acceptable as a mitigation bank.               state advisory agencies, the Corps, and federal advisory
       f.  If a permit modification  is necessary and  is          agencies made during such meeting(s), received in writing
requested by the permittee in accordance with ï¿½723.D, the          during the public notice period, or received in writing within
secretary shall process the request for modification  in           20 days of any such meeting(s).
accordance with ï¿½723.D.
                                                                          e.  The   secretary  shall  render  a  preliminary
       g.  If and when the project is preliminarily determined     determination as to whether the proposed activity would be
to be acceptable as a mitigation bank, the secretary shall         acceptable as a mitigation bank, and:
request the potential bank operator to submit the mitigation
bank habitat evaluation fee pursuant to ï¿½724.F.3.                                                     
                                                                   determined to be acceptable as a mitigation bank, the secretary
       h.  Within 90 days of receipt of the habitat evaluation     shall inform the potential operator of such determination; or
fee, the secretary shall determine the quantity, by habitat type,           ii  if a project is preliminarily determined to be
of potential mitigation credits in accordance with ï¿½724.F.6.
                                                                   unacceptable as a mitigation bank, the secretary shall advise
       i.  Pursuant to ï¿½724.F.7, the secretary shall identify      the potential bank operator, in writing, of the reasons for such
and require a mechanism(s) to ensure appropriate remediation,      a determination and, if applicable, the secretary may suggest
operation, and maintenance of mitigation bank features.            modifications  which  could render the proposed  activity
                                                                   preliminarily acceptable as a mitigation bank.

Louisiana Administrative Code                June 1996         22






                                                            Chapter 7                                                    43:1.724

      f.  If and when a proposed activity is preliminarily        potential mitigation credits.
determined to be acceptable as a mitigation bank, the secretary
                                                                          d.  Mitigation credits which are donated, sold, traded,
shall request the potential bank operator to submit the.                                  
                                                   shall ruthpeibkpor otherwise used for compensatory mitigation shall be referred
mitigation bank habitat evaluation fee pursuant to ï¿½724.F.3.       to as debited credits.
                                                                   to as debited credits.
      g.  Following receipt of the habitat evaluation fee, the
                                                                        7.  Mechanisms for Ensuring Remediation, Operation,
secretary shall determine the quantity, by habitat type, of        and Maintenance of Mitigation Bank Features
                                                                   and Maintenance of Mitigation Bank Features
potential mitigation credits in accordance with ï¿½724.F.6.
                                                                          a.  Three options are available to meet the requirements
      h.  Pursuant to ï¿½724.F.7, the secretary shall identify
                                                                   ofï¿½724.F.4.i and ï¿½724.F.5.h:
and require a mechanism(s) to ensure appropriate remediation,
operation, and maintenance of mitigation bank features.                      i. for any mitigation bank, mitigation credits could
                                                    i.  The secretary shall render a final determination as  be  made  available  to  the  mitigation  bank  operator
      i. The secretary shall render a final determination as
                                                                   incrementally over the life of the bank based on periodic
to whether the proposed activity would be acceptable as a
                                                                   reviews of habitat response pursuant to ï¿½724.F. 10; or
mitigation bank. If the proposed activity is determined to be
acceptable  as a mitigation bank, the secretary and the                     ii. for banks which include features which do not
mitigation bank operator shall enter into a MOA which fulfills     typically require operation or maintenance and involve the
the requirements of ï¿½724.F.8. The MOA shall serve as the           types of mitigation measures which have produced consistent
formal document which designates a project as a mitigation         and demonstrated success, 100 percent of available credits
bank. The Corps, each state advisory agency, and each federal      would be made available to the mitigation bank operator when
advisory agency may indicate its approval of the mitigation        the bank becomes operational, provided that:
bank by signing the MOA.
                                                                              (a). the operator has established a conservation
    6.  The secretary shall determine the quantity, by habitat     servitude pursuant to ï¿½724.F.7.b for the property involved in
type, of mitigation credits potentially available for donation,    the mitigation bank; and
sale, trade, or use from a proposed mitigation bank as follows:
                                                                               (b). the operator establishes a financial mechanism
      a.  Following receipt of the mitigation bank habitat        pursuant to ï¿½724.F.7.c-e to ensure the availability of funds, for
evaluation fee (ï¿½724.F.3), the secretary shall invite state        a period of five years, for remediation of the mitigation bank
advisory agencies, the Corps, federal advisory agencies, and       features; or
the potential mitigation bank operator to participate in the
                                                                            iii. for banks which include features which typically
determination of potential mitigation credits. The secretary
shall consider the comments of the state advisory agencies, the
shall onsider the commentps  of the state advisory agencies, the   control structures, plugs, channel improvement works, shore or
Corps, federal advisory agencies, and the potential mitigation     bank   rotection structures  etc.  or involve the types of
                                                                   bank protection structures, etc.) or involve the types of
bank operator made during, or received in writing within 20                                    '
days of, each field investigation or other meeting held to         mitigation measures which lack consistent and demonstrated
                                                                   success, 25 percent of available credits would  be made
determine the type and quantity of potentially available           available,  when  the  bank  becomes  operational,  to the
                                                                   available, when  the bank  becomes  operational,  to the
mitigation credits.
                                                                   mitigation bank operator for the first two years of operation
      b.  The total quantity of potential mitigation credits      provided that (1) the operator establishes a conservation
(AAHUs  or CHUs), by habitat type, attributable to the             servitude pursuant to ï¿½724.F.7.b for the property involved in
proposed mitigation bank shall be predicted by applying the        the mitigation bank, (2) the operator establishes a financial
methodology described in ï¿½724.C. The secretary shall consult       mechanism pursuant to ï¿½724.F.7.c-e to ensure the availability
with the state advisory agencies, the Corps, and federal           of funds, for the life of the bank, for remediation (as may be
advisory agencies to ensure that data gathering techniques of      needed for expectable and catastrophic events), operation, and
sufficient quality and intensity to allow replication of habitat   maintenance of the mitigation bank, and (3) the operator
response assessments throughout the mitigation bank life are       provides for the life of the bank, in case the operator fails to
employed.                                                          remediate,  operate,  or maintain the mitigation bank  in
                                                                   accordance with the MOA, legal authority for the department
      c. For projects which have been partially implemented
prior to designation as a mitigation bank, total potential          o  perform  the  warranted  remediation,  operation,  or
                                                                   maintenance; the remaining 75 percent of the credits would be
mitigation bank credits would be limited to those attributed to    maintenance;       the  remaining 75   percent of  th e r edits would be
                                                                   made available in the third year provided that a review of
features implemented after designation as a bank, except that      habitat response (      F) indicates initial success of
                                                                   habitat response (ï¿½724.F.9) indicates initial success of the
if agreed to in advance by the secretary total potential credits   mitigation features.
could include those attributed to features implemented between
the time of the mitigation request being accepted by the                  b.  The conservation servitude shall be established in
secretary and bank designation.   Credits generated from           accordance with R.S. 9:1271 et seq. and shall:
features implemented as a result of public conservation or
restoration funds or as a result of funds serving as mitigation              i. cover  all the  property  located  within  the
for previous wetland losses shall not be considered part of total  mitigation bank;

                                                               23       Louisiana Administrative Code                  June 1996






43:1.724                                         NATURAL RESOURCES

         ii. ifappropriate, contain specific language regarding        b.  define the physical boundaries of the mitigation
the extent of allowable timber harvesting;                       bank;
        iii. ifappropriate, contain specific language regarding        c.  specifically  describe  the  wetland  creation,
the extent of other allowable activities;                        restoration, protection, and enhancement measures to be
                                                                  implemented;
         iv. prohibit all other activities which may reduce the
ecological value of the site;                                          d.  specify that the period of operation and maintenance
                                                                 of the mitigation bank is 20 years or more for marsh habitats
         v. specify the term to be 20 years or more for marsh   and 50 years or more for forested habitats
habitats and 50 years or more for forested habitats;
                                                                        e. describe the mechanism(s), which meets or which
         vi. designate the department as the holder of the       will meet the requirements of ï¿½72.F
                                                                 will meet the requirements of ï¿½724.F.7;
servitude;
                                                                        f.  identify the habitat assessment methodology utilized
        vii. convey a "third party right of enforcement" to any                                
                                                                 to establish the quantity of mitigation to be credited, including
interested MOA signatory or other party as may be mutually
                                                                  an explanation of any calculations necessary to account for a
agreed to by the secretary and the mitigation bank operator;     
                                                            and  project life which may, at the option of the mitigation bank
and
                                                                 operator, be greater than 20 years for marsh projects or greater
       viii. be recorded in the property records of the parish  than 50 years for forested wetland projects;
in which the property is located.
                                                                        g.  identify, by habitat type, the quantity of total
      c.  The  financial  mechanism  established by  the         credits;
mitigation bank operator could be a letter of credit, surety           h.  identify the schedule for credits becoming available;
bond, escrow account, or other mechanism; to be acceptable to
the secretary the financial mechanism shall:                            i.  identify the schedule for reviewing habitat response
                                                                 over the life of the bank;
          i. for mitigation banks described in ï¿½724.F.7.a.ii,
ensure payment of the designated amount for remediation of             j.  specifically   identify   the   bank    operator
the mitigation measures for a period of five years;              responsibilities  regarding  monitoring  and/or  providing
                                                                  information necessary for habitat response reviews;
         ii. for mitigation banks described in ï¿½724.F.7.a.iii,
ensure payment of the designated amount for remediation,                k.  for mitigation banks described at ï¿½724.F.7.a.iii,
operation, or maintenance of the mitigation measures for a       specifically define the remedial actions for situations where the
period equal to the life of the mitigation bank; and             bank operator fails to perform the necessary remediation,
                                                                  operation, or maintenance,  including securing payments
         iii. ensure that such payments would be made to the 
                                                                  pursuant to ï¿½724.F.7 and ensuring legal authority for the
Louisiana Wetlands Conservation and Restoration Fund in the
event that the mitigation bank operator fails to perform the     department to perform necessary remed
remediation, operation, or maintenance specified in the MOA.
                                                                        1.  for mitigation banks described at ï¿½724.F.7.a.iii,
       d.  If a letter of credit or escrow account is utilized, the
                                                        letter or account should be provided by a federally insured  specifically define the course of action where habitat response
letter or account should be provided by a federally insured
                                                                  is greater than or is less than predicted.
depository that is "well capitalized" or "adequately capitalized"
and shall not, in any situation, be provided by a depository that    9.  The secretary shall review the habitat response of
is "significantly under capitalized"  or "critically under       mitigation banks as follows:
capitalized" as defined in Section 38 of the Federal Deposit           a.  The mitigation bank operator shall submit the
Insurance Act.                                                   periodic review fee identified at ï¿½724.F.3 to the department
       e.  If a surety bond is utilized, the bond shall be written  within 60 days of being requested to do so by the secretary.
by a surety or insurance company which, at the time of MOA             b.  Failure to submit such payment shall result in
execution, is on the latest U.S. Department of the Treasury      suspension of the mitigation bank until such time that the fee
Financial Management Service list of approved bonding
                                                                  is submitted; if the fee is not submitted within 120 days of the
companies which is published annually in the Federal Register,
                                                                  secretary's request, the mitigation bank shall be terminated and
or by a Louisiana-domiciled surety or insurance company with     the secretary shall require the mitigation bank operator to
at least an A-rating in the latest printing of the A.M.  Best's
                                                               f  provide compensatory mitigation to offset the ecological value
Key Rating Guide to write individual bonds up to 10 percent of
                                                                  credits which were debited but not actually produced by the
the policyholder's surplus.
                                                                  time of termination.
     8.  The formal MOA  to be developed between the
secretary and the mitigation bank operator shall, at a minimum: c. State advisory agencies, the Corps, federal advisory
                                              secretary           agencies, and the mitigation bank operator shall be invited to
       a.  provide a statement of purpose;                       participate in each habitat response review; the secretary shall


Louisiana Administrative Code               June 1996        24






                                                          Chapter 7                                                   43:1.724

consider the comments of the state advisory agencies, the                b.  If at any time, the mitigation bank can not be
Corps, federal advisory agencies, and the mitigation bank         operated and maintained as described in the MOA due to force
operator made during, or received in writing within 20 days of,   majeure, the mitigation bank operator shall have the option of
each field investigation or other meeting related to these        rectifying the wetland creation, restoration, protection, and
reviews.                                                          enhancement measures.
      d.  For all banks, a review shall be conducted prior to               i. If the mitigation bank operator chooses to rectify
the end of the second full year of the bank being con.sidered     those measures, the .secretary shall recalculate the number of
operational, but at least 20 months after commencement of         total credits, if it is anticipated that such a recalculation would
operation; the purpose of this review is to determine if any      yield a result substantially different from the current projection
remediation or adjustments to the prescribed operation or         of total credits.
maintenance is necessary.
                                                                             (a). The amount of those recalculated total credits
      e.  For those banks described at ï¿½724.F.7.a.iii, if the    which shall be made available for marsh mitigation banks shall
review conducted prior to the end of the second full year of      be determined according to the following table:
operation  indicates  that  the  mitigation  measures  are
functioning as projected, the remaining 75 percent of the
mitigation credits shall be made available to the mitigation
bank operator; if that review indicates that the mitigation               Year of                 Available Credit
measures are not functioning as projected, no additional               Recalculation
mitigation credits shall be made available to the mitigation
bank operator until such time that a recalculation of projected             I - 5         Initially available credit (i.e., 25
credits is made and/or it is demonstrated that the mitigation                             percent) minus previously
measures are functioning as predicted.                                                    debited credit or 25 percent of
                                                                                          recalculated total credit minus
      f.  In addition to the review conducted prior to the end                            previously debited credit
of the second full year of operation, a review of all marsh                               whichever is greater.
mitigation banks shall be conducted within four months prior
to the completion of the fifth, tenth, fifteenth, and twentieth            6 - 10         Initially available credit (i.e., 25
years, and a review of all forested wetland mitigation banks                              percent) minus previously
shall be conducted prior to the completion of the fifth, tenth,                           debited credit or 50 percent of
twentieth, thirtieth, fortieth, and fiftieth years. The purposes                          recalculated total credit minus
of these reviews are to determine if remediation is needed, to                            previously debited credit
determine the possible benefit of revising project features and/                          whichever is greater.
or their operation or maintenance, to determine if the
mitigation bank operator has operated and maintained the                   11 - 15        Initially available credit (i.e., 25
mitigation measures as agreed to in the MOA, and to determine                             percent) minus previously
if the habitat has responded as predicted.                                                debited credit or 75 percent of
                                                                                          recalculated total credit minus
    10. If the secretary and mitigation bank operator agree,
pursuant to ï¿½724.F.7.a, to ensure appropriate remediation,                                previously debited credit
operation, and maintenance of mitigation bank features via the                            whichever is greater.
incremental availability of mitigation credits during the life of          16 - 20        Initially available credit (i.e., 25
the bank, the following procedures shall be followed:                                     percent) minus previously
      a.  Twenty-five  percent  of the total credits for                                 debited credit or 100 percent of
mitigation banks (marsh and forested wetland banks) shall be                              recalculated total credit minus
made available to the mitigation bank operator upon full                                  previously debited credit
implementation of the wetland mitigation measures described                               whichever is greater.
in a signed MOA; or if a signed MOA calls for phased
implementation of the mitigation measures, an appropriate
percentage, not to exceed 25 percent shall be made available to              (b). The amount of those recalculated total credits
                                                                  which shall be made available for forested wetland mitigation
the mitigation bank operator upon implementation of the initial   which shall be   de available for forested wetland mitigation
phase(s); these credits shall be referred to as available credits.








                                                              25       Louisiana Administrative Code                 June 1996






     43:1.724                                            NATURAL RESOURCES

                                                                          operator has complied with the MOA, total and available
              Year of                 Available Credit                   credits shall be adjusted as follows:
0        ~~~Recalculation                                                            i. If the habitat is responding as predicted,

                I - 5         Initially available credit (i.e., 25                   (a). the amount of total credits which shall be made
                               percent) minus previously                  available for marsh mitigation banks shall be determined
                               debited credit or 25 percent of            according to the following table:
                               recalculated total credit minus
                               previously debited credit Ya fAalbeCei
                               whichever is greater.                             Review

               6 - 10         Initially available credit (i.e., 25                  55 ecn fttlcei iu
                               percent) minus previously                            50percentiousl dbteda credit.mnu
                               debited credit or 35 percent of                                  peiul   eie  rdt
                               recalculated total credit minus                      10          75 percent of total credit minus
                               previously debited credit                                        previously debited credit.
                               whichever is greater.

               II - 20         Initially available credit (i.e., 25                 1          0perentiousl  dbtota credit.mnu
                               percent) minus previously peiul eie rdt
                               debited credit or 50 percent of
                               recalculated total credit minus                       (b). the amount of total credits which shall be made
                               previously debited credit                  available for forested wetland mitigation banks shall be
                               whichever is greater.                      determined according to the following table:

               21 - 30         Initially available credit (i.e., 25
                               percent) minus previously
                               debited credit or 65 percent of                    Year of               Available Credit
                               recalculated total credit minus                    Review
                               previously debited credit
                               whichever is greater.                                 5         35 percent of total credit minus

               31 - 40         Initially available credit (i.e., 25                            previously debited credit.
                               percent) minus previously                             10        50 percent of total credit minus
                               debited credit or 80 percent of                                 previously debited credit.
                               recalculated total credit minus
                               previously debited credit                            20         65 percent of total credit minus
                               whichever is greater.                                           previously debited credit.

               41 - 50         Initially available credit (i.e., 25                  30        80 percent of total credit minus
                               percent) minus previously                                       previously debited credit.
                               debited credit or 100 percent of
                               recalculated total credit minus                      40         1 00 percent of total credit minus
                               previously debited credit                                       previously debited credit.
                               whichever is greater.

                                                                                   ii. If the habitat is responding better than predicted
                ii. If the mitigation bank operator chooses not to        and the secretary anticipates that the total credits to be
      rectify those measures, the donation, sale, trade, or other use     generated would likely be greater than the original projection
      (i.e., debiting) of mitigation credits shall continue only if the   of total credits, the secretary shall recalculate the number of
      initially available credits (i.e., 25 percent) have not yet been    total credits that would be produced over the life of the
      debited, and shall cease when those initially available credits     mitigation bank, and:
      are debited.  If credits debited already exceed the initially                  (a). the amount of those recalculated total credits
      available credits, the secretary shall not require the mitigation   which shall be made available for marsh mitigation banks shall
           operator to compensate for credits already debited.           be determined according to the following table:
 V          . ~~~If a periodic review reveals that the mitigation bank                                              4




      Louisiana Administrative Code                 June 1996         26






                                                         Chapter 7                                                   43:1.724

                                                                         iii. If the habitat is responding favorably but not as
         Year of               Available Credit                   well as predicted, the secretary shall recalculate the number of
      Recalculation                                               total credits that would be produced over the life of the
                                                                 mitigation bank, and:
               5        50 pcredit minu  precalcuslatdtoa (a). the amount of those recalculated total credits
                        credite miucreviousl which would be made available for marsh mitigation banks
                                                                 shall be determined according to the following table:
            10          75 percent of recalculated total
                        credit minus previously
                        debited credit.
                                                                         Year of               Available Credit
            1 5          100 percent of recalculated                      Review
                        total credit minus previously
                        debited credit.                                     5          Initially available credit (i.e., 25
                                                                                       percent) minus previously debited
                                                                                       credit or 50 percent of
          (b). the amount of those recalculated total credits                          recalculated total credit minus
which shall be made available for forested wvetland mitigation                          previously debited credit
banks shall be determined according to the following table:                             whichever is greater.

                                                                            I10        Initially available credit (i.e., 25
                                                                                       percent) minus previously debited
          Year of              Available Credit                                         credit or 75 percent of
       Recalculation                                                                    recalculated total credit minus
                                                                                       previously debited credit
             5           35 percent of recalculated                                    whichever is greater.
                          total credit minus previously
                          debited credit.                                   15          Initially available credit (i.e., 25
                                                                                       percent) minus previously debited
             10           50 percent of recalculated                                    credit or I100 percent of
                          total credit minus previously                                 recalculated total credit minus
                          debited credit.                                               previously debited credit

             20           65 percent of recalculatedwhcerisgat.
                          total credit minus previously
                          debited credit.                                   (b). the amount of those recalculated total credits
                                                                 which would be made available for forested wetland mitigation
             30           80 percent of recalculated              banks shall be determined according to the following table:
                          total credit minus previously
                          debited credit.

             40           1 00 percent of recalculated
                          total credit minus previously
                          debited credit.

















                                                             27       Louisiana Administrative Code                 June 1996






      43:1.724                                          NATURAL RESOURCES

                                                                       may continue, but shall not go beyond the initially available
             Year of               Available Credit                    credits (i.e., 25 percent) until the secretary determines that
V            Review                                                    adverse affect is reversed;

                 5         Initially available credit (i.e., 25                    (d). if the adverse effect is reversed, the secretary
                            percent) minus previously debited           shall recalculate the number of total credits that would be
                            credit or 35 percent of                     produced over the life of the-mitigation bank; and
                            recalculated total credit minus                          (i). the amount of those recalculated total credits
                            previously debited credit                   which would be made available for marsh mitigation banks
                            whichever is greater.                       shall be determined according to the table presented in
                                                                        ï¿½724.F.10.b.i.(a); and
                10         Initially available credit (i.e., 25
                            percent) minus previously debited                       (ii). the amount of those recalculated total credits
                            credit or 50 percent of                     which would be made available for forested wetland mitigation
                            recalculated total credit minus             banks shall be determined according to the table presented in
                            previously debited credit                   ï¿½724.F. 10.b.i.(b);
                            whichever is greater.                                  (e). the secretary shall determine if the adverse
                                                                       effect has been reversed based  on  field investigations;
                20         Initially available credit (i.e., 25
                                                                       consultation with the state advisory agencies, the Corps,
                            percent) minus previously debited
                                                 or65percent)i     peously  federal advisory agencies, and the mitigation bank operator;
                            credit or 65 percent of
                                                                       and other methods the secretary deems appropriate.
                            recalculated total credit minus
                            previously debited credit                         d.  Ifa periodic review reveals that the mitigation bank
                            whichever is greater.                       operator has failed to comply with the MOA, unless such
                                                                       failure is due to force majeure, the debiting of mitigation credit
                30         Initially available credit (i.e., 25        shall cease and shall not resume unless the compliance failures
                            percent) minus previously debited           are rectified within 90 days from a notification by the secretary
                            credit or 80 percent of                     of apparent failures:
                            recalculated total credit minus
                           previously debited credit                             i. if the compliance failures are rectified, the
                            whichever is greater.                       secretary shall recalculate the number of total credits that
                                                                       would be produced over the life of the mitigation bank if it is
                40         Initially available credit (i.e., 25        anticipated that such a recalculation would yield a result
                            percent) minus previously debited           substantially different from the current projection:
                            credit or 100 percent of                               (a). the amount of those recalculated total credits
                            recalculated total credit minus             which would be made available for marsh mitigation banks
                            previously debited credit                   shall be determined according to the table presented in
                            whichever is greater.                       ï¿½724.F.10.c.ii.(a);

                                                                                  (b). the amount of those recalculated total credits
                (c). the secretary shall not require the mitigation    which would be made available for forested wetland mitigation
      bank operator to compensate for credits already debited as long   banks shall be determined according to the table presented in
      as the mitigation bank continues to operate.                      ï¿½724.F.10.c.ii.(b);
               iv. if implementation of the mitigation bank is                    ii. if the compliance failures are not rectified, the
      adversely affecting the bank area (i.e., actually producing less  secretary may require the mitigation bank operator to provide
      ecological value than would have been produced without            compensatory mitigation to offset the ecological value of the
      implementation of the mitigation bank):                           credits which were debited, but not actually produced, and the
                (a). the donation, sale, trade, or other use (i.e.,    secretary  may  require  additional  measures  via  permit
      debiting) of mitigation credits shall cease unless and until the  modification or revocation.
      mitigation bank operator implements measures, as prescribed            11. Use of Mitigation Banks for Meeting Compensatory
      by the secretary, to reverse the adverse effect;                  Mitigation Requirements
                 (b). if the adverse effect is not reversed, the              a.  The  mitigation bank  shall not be considered
      secretary may not require the mitigation bank operator to         operational until the following conditions have been met:
           sensate for credits already debited;
           sensate                                     for credits already debited; i. the mitigation bank operator has submitted to the
                (c). if the mitigation bank operator attempts to       department the mitigation bank establishment fee (ï¿½724.F.3);
      reverse the adverse effect, the debiting of mitigation credits
                                                                                 ii. the MOA described in ï¿½724.F.8 has been signed

      Louisiana Administrative Code                June 1996        28







                                                          Chapter 7                                                   43:1.724

by the bank operator and the secretary;                           acreage to be impacted by the permitted activity.
        iii. the  mitigation  bank  operator has provided             12. Any  donation, sale, trade, or other transfer of
evidence that one of the options required pursuant to ï¿½724.F.7    mitigation credits, for purposes other than those provided in
has been selected and the conditions of such option have been     ï¿½724.F. 1I, must receive approval of the secretary and shall be
met;                                                              allowed only upon a concurrent transfer of the mitigation bank
         iv  the wetland mitigation measures described in a       MOA  or upon concurrent execution of a separate MOA
                                                                 between the recipient of those credits and the secretary.
signed MOA have been fully implemented; or at least the
initial phase(s) of the mitigation  measures  have  been            G.  Advanced Mitigation Projects
implemented  if the  signed  MOA   calls  for  phased                 I.  The secretary shall consider proposals by federal and
implementation.
                                                                 state agencies, local governing bodies, and private entities to
      b.  A permit applicant may acquire, subject to approval    implement advanced mitigation projects.
by the secretary, mitigation credits from the operator of an
                                                                      2.  A party which establishes an advanced mitigation
approved mitigation bank to meet compensatory mitigation
requirements; the applicant is required to provide written        project shall be referred to as an advanced mitigation sponsor.
requirements; the applicant is required to provide written
evidence to the secretary that such acquisition has taken place;      3.  In determining the acceptability and appropriateness
the applicant's responsibility for this component of the          of establishing an advanced mitigation project, the secretary
compensatory mitigation requirement ceases upon receipt of        shall consider the following factors:
such evidence by the secretary; mitigation credits may be
                                                                        a. the potential advanced mitigation sponsor's history
acquired as compensatory mitigation for activities which are
                                                                 of compliance with the guidelines and the state program over
not subject to this Chapter, provided that the secretary is                  pi
advised of any such transactions; acquired credits shall be       at least the preceding five years;
debited from available credits.                                          b.  the advanced mitigation sponsor's willingness and
                                                                 potential ability to maintain the advanced mitigation project for
      c. Mitigation credits shall be applicable only to
                                                                 a period of time determined to be appropriate for the subject
anticipated unavoidable net losses of ecological values.          project;
      d.  The  type  of, and  acceptability  of utilizing,
      d.  The  type  of,  and  acceptability  of utilizing,             c.  the advanced mitigation project's potential to create,
   igation credits shall be determined in accordance with
                                                                 restore, protect, and/or enhance vegetated wetlands and the
  ~4.-                                                           project's potential to be "self-maintaining" for the appropriate
      e.  The quantity of credits to be debited shall be         period oftime;
determined in accordance with ï¿½724.C.
                                                                        d.  the advanced mitigation project's potential effect
      f.  The secretary shall maintain an account of total,      (positive or negative) on wetland values such as fish and
available, and debited credits for each approved mitigation       wildlife habitat (particularly rare habitat or habitat for rare
bank.                                                             fauna), floodwater storage, water quality improvement, storm
                                                                  surge protection, etc.;
      g.  Compensatory mitigation for permitted activities       surge protection, etc.;
occurring within the boundary of an established mitigation              e.  the advanced mitigation project's potential effect
bank, if sufficient credits are available from that mitigation    (positive or negative) on lands and wetland values adjacent to
bank, shall be accomplished as follows:                           or in the vicinity of the advanced mitigation project; and
          i. the applicant shall acquire, from the mitigation           f.  whether the proposed advanced mitigation project
bank operator, the type and quantity of mitigation credits        is included on, consistent with, or in conflict with any state
equivalent to the anticipated net loss of ecological value due to  and/or federal project list, general plan, or other effort
the permitted activity; and                                       designed to create, restore, protect, and/or enhance vegetated
         ii. the quantity of total credits for that mitigation   wetlands.
bank shall be reduced by the quantity of credits which were           4.  The area from  which  credits would  accrue for
originally estimated to be generated from the acreage to be       advanced mitigation projects shall not exceed 20 acres.  In
impacted by the permitted activity; i.e., the acres impacted by   certain special cases, however, the secretary may  allow
the permitted activity shall be eliminated from the mitigation    expansion of the area from which credits would accrue,
bank and from the calculation of total credits.                   provided that after a waiting period of at least five years from
                                                      h. Compensatory mitigation for permitted activities  project implementation a habitat re-evaluation demonstrates
      h. Compensatory mitigation for permitted activities
                                                                  that an area beyond 20 acres has been benefitted.
nccurring within the boundary of an established mitigation
    :, if sufficient credits are not available from that mitigation   5.  In addition to the fees identified at ï¿½ï¿½723.C.3.a.i-ii,
 ,,k, shall account for the anticipated net loss of ecological    nonrefundable fees shall be charged for the initial evaluation,
value due to the permitted activity and the quantity of credits   establishment, habitat evaluation, and periodic review of
which were originally estimated to be generated from the          advanced mitigation projects according to the following table:

                                                              29       Louisiana Administrative Code                 June 1996







43:1.724                                         NATURAL RESOURCES

  formal Review              $0                                 agency may  be used to meet compensatory  mitigation
                                                                requirements only for activities undertaken by the sponsoring
 Initial Evaluation Fee      $50                                 agency or on the refuge, management area, etc. where the
                                                                advanced mitigation project is located.
 Establishment Fee           $100
                                                                       d.  For situations where the permit applicant is not the
 Post-Implementation         $250                                sponsor of the advanced mitigation site, the applicant is
 Evaluation Fee                                                  required to provide written evidence to the secretary that the
                                                                acquisition of credits has taken place; the applicant's
 Periodic Review Fee         $50                                 responsibility for this component  of the compensatory
                                                                mitigation requirement ceases upon receipt of such evidence by
                                                                the secretary.
    6.  Use of Advanced Mitigation Credits
                                                                       e.  The secretary shall maintain an account of total,
      a.  Advanced mitigation credits shall not be available     debited, and remaining advanced mitigation credits for each
for use until the following conditions have been met:            approved advanced mitigation project.
          i. the advanced mitigation sponsor has submitted all         f.  The type of, and acceptability of utilizing, advanced
necessary fees to the department;                                mitigation credits shall be determined in accordance with
         ii. the MOA described in ï¿½724.G.7.h has been signed     ï¿½724.J.
by the advanced mitigation sponsor and the secretary;                  g.  The  quantity  of  credits  needed  to  meet
        iii. the wetland mitigation measures described in the   compensatory mitigation requirements shall be determined in
signed MOA have been implemented and in place for one year       accordance with ï¿½724.C.
or more, as determined on an individual case basis;                     h.  Compensatory mitigation for permitted activities
        iv. the  secretary  has,  pursuant  to  ï¿½724.G.9,       occurring within the benefit area of an established advanced
performed the post-implementation evaluation and determined      mitigation project, if sufficient credits are remaining for that
the type and quantity of advanced mitigation credits which       advanced mitigation project, shall be accomplished as follows:
 -'uld be attributable to the subject advanced mitigation                  i. the sponsor shall use, or other permit applicants
   W   ect.                                                     shall acquire, the appropriate type and quantity of advanced
      b.  Advanced mitigation credits shall be applicable only   mitigation credits needed to offset the anticipated net loss of
to anticipated unavoidable net losses of ecological values.      ecological value due to the permitted activity; and
      c.  If the advanced mitigation sponsor is a permit                  ii. the quantity oftotal and remaining credits for that
applicant, the sponsor may use, subject to approval by the       advanced mitigation bank shall be reduced by the quantity of
secretary, advanced mitigation credits from its approved         credits which were originally estimated to be generated from
advanced  mitigation  project to meet  its compensatory          the acreage to be impacted by the permitted activity; i.e., the
mitigation requirements; other permit applicants may acquire     acres impacted by the permitted activity shall be eliminated
advanced mitigation credits from the sponsor of an approved      from the advanced mitigation project and from the calculation
advanced mitigation project to meet compensatory mitigation      of total and remaining credits.
requirements, subject to approval by the secretary and subject         i.  Compensatory mitigation for permitted activities
to following limitations.                                        occurring within the benefit area of an established advanced
          i. Advanced mitigation credits resulting from an       mitigation project, if sufficient credits are not available from
advanced mitigation project sponsored by a local governmental    that advanced  mitigation project, shall account for the
entity may  be  used  to meet  compensatory  mitigation          anticipated net loss of ecological value due to the permitted
requirements  only  for  activities  occurring  within  the      activity and the quantity of credits which were originally
geographic limit of the sponsoring entity's jurisdiction.        estimated to be generated from the acreage to be impacted by
                                                                 the permitted activity.
         ii. Advanced mitigation credits resulting from an
advanced mitigation project sponsored by a private entity            7.  Proposals  for  the  establishment  of  advanced
(including but not limited to businesses, industry, landowners,  mitigation projects shall be processed as follows:
resource  conservation  groups)  may  be  used  to meet                a.  The secretary shall provide, without charging a fee,
compensatory mitigation requirements only for activities         potential advanced mitigation sponsors an opportunity to
undertaken by the advanced mitigation sponsor or for activities  present a preliminary proposal and to receive informal input
   4ertaken on property owned by the advanced mitigation         from the department prior to formally initiating the review
     Isor.                                                       process described in the remainder of this Subsection.
         iii. Advanced mitigation credits resulting from an             b.  Potential advanced mitigation sponsors shall submit
advanced mitigation project sponsored by a state or federal      a written request for the secretary to consider designation of an

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                                                           Chapter 7                                                   43:1.724

advanced mitigation project; the following must be provided              g.  Once all necessary permits/authorizations have been
   i  the request:                                                obtained, the potential advanced mitigation sponsor shall
          i.           co as tal u s e p e rmi t a nd S ection 404,(Corps')  submit the advanced mitigation project establishment fee of
          i. coastal use permit and Section 404 (Corps')            00
permit numbers, if applicable;
                                                                         h.  Within 10 days of receipt of the establishment fee,
         ii. detailed drawings and project description unless
                            *i. detailed drawings an  projet d n u s  the secretary shall initiate negotiations among the department,
such information is on file with the department;
                                               such information is on file with the department;  the potential advanced mitigation sponsor, other state agencies,
         iii. a statement describing the extent to which the      the Corps, and federal advisory agencies to develop a formal
project has been implemented;                                     MOA.  The MOA signed by the secretary and the advanced
                                                                  mitigation sponsor shall serve as the formal document which
         iv. a statement identifying the current and anticipated  mitigation sponsor shall serve as the formal document which
                                                                  designates a project as an advanced mitigation project. The
source(s) of funding, particularly any public funds or funds
                           acquir. a. mn f r a  pl pe Corps, each state advisory agency, and each federal advisory
acquired as mitigation for a previously permitted/authorized
acquired as mitigti vi   tted/ and                                agency may indicate its approval of the advanced mitigation
                                                                  project by signing the MOA.  The formal MOA shall, at a
         v. the advanced mitigation project initial evaluation   minimum:
fee of $50.
                                                                             i. provide a statement of purpose;
      c.  The secretary shall review the request and within 20             ii. define the area of benefit of the advanced
                                                                            ii. define the area of benefit of the advanced
days:                                                             mitigation project;
          i. inform the potential advanced mitigation sponsor              iii. specifically  describe  the  wetland  creation
of the request's completeness; and
                             of the request's completeness; and   restoration, protection, and enhancement measures to be
         ii. if the request is not complete or if additional      implemented;
information is needed, the secretary shall advise the potential            iv. establish the period of time that the advanced
advanced mitigation sponsor, in writing, of the additional
                                                                  mitigation project would be operational;
information necessary to evaluate and process the request.
                                                                            v. identify the habitat assessment methodology
      d.  Within 30 days of the secretary's acceptance of the              v  identify the habitat assessment methodology
      est as complete,   o the secretary shall invite state advisory  utilized to establish the quantity of advanced mitigation credits,
   ,est as complete, the secretary shall invite state advisory
                         the  Corps,  and  federal  advisory  agencies  to  including an explanation of any calculations necessary to
                                                                  account for a project life which may differ from 20 years for
participate in an on-site meeting(s) to further evaluate the
                                    proposal. The secretary shall consider the comments of the  marsh projects and which may differ from 50 years for forested
proposal. The secretary shall consider the comments of the
state advisory agencies, the Corps, and federal advisory          wetland projects;
agencies made during such meeting(s) or received in writing                vi. sufficiently identify pre-project conditions to
within 20 days of any such meeting(s).                            allow comparison at the time of the post-implementation
                                                                  habitat evaluation;
      e.  Within 60 days of the secretary's acceptance of the    habitat evaluation;
request as complete, the secretary shall render a preliminary             vii. specify the period of time allowed for project
determination as to whether the project would be acceptable as    implementation, the period of time between completion of
an advanced mitigation project, and:                              implementation and the post-implementation habitat evaluation
                                                                  (one year or more), the period of time allowed for the advanced
          aei. if thed project, is perelminarly determined to be  mitigation sponsor to submit the post-implementation habitat
acceptable as an advanced mitigation project, the secretary                                the
shall inform the potential advanced mitigation sponsor of such
                                                                  habitat evaluation to be completed by the secretary, and the
determination; or
                                                                  point in time when advanced mitigation credits would be made
         ii. if the project is preliminarily determined to be    available to the advanced mitigation sponsor;
unacceptable as an advanced mitigation project, the secretary
shall advise the potential advanced mitigation sponsor, in                  .  f deemed necessary for the subject project,
writing, of the reasons for such a determination and, if
                                                                  to the post-implementation habitat evaluation;
applicable, the secretary may suggest modifications which
could render the project preliminarily acceptable as an advance            ix. if deemed necessary for the subject project,
mitigation project.                                               identify the advanced mitigation sponsor's responsibilities for
      f.  Once  the  proposed  project  is  preliminarily        providing  post-construction  information  (e.g.,  as-built
                                                                  drawings),  monitoring information, or other information
determined to be acceptable as a advanced mitigation project,
                                                                  necessary for any habitat response reviews; and
    )otential advanced mitigation sponsor shall obtain any
 ,.-essary permits/authorizations in accordance with applicable             x. if deemed necessary for the subject project,
state and federal laws.                                           identify any requirements or mechanisms for performing or
                                                                  assuring maintenance of project features.

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43:1.724                                          NATURAL RESOURCES

    8.  In accordance with the MOA, the advanced mitigation      individual compensatory mitigation measure(s) in accordance
   isor shall implement the advanced mitigation project and,    with ï¿½724.J.
  ..le appropriate time, submit the post-implementation habitat      3. The sufficiency of an individual mitigation measure
                                                                    3.  The sufficiency of an individual mitigation measure
evaluation fee of $250.
                                                                or measures shall be determined in accordance with ï¿½724.C,
    9.  The secretary shall determine the quantity, by habitat   best  professional  judgment,  or  a combination  of the
type, of advanced mitigation credits available for donation,     methodology presented in ï¿½724.C and professional judgment.
sale, trade, or use from an advanced mitigation project within   When applying the methodology presented in ï¿½724.C, the
the time frame established in the MOA and in accordance with     secretary shall consider the probable life of the proposed
the following.                                                   mitigation measure and the future ability and willingness of the
                                                                permit applicant to maintain the proposed mitigation.
      a. The secretary shall invite state advisory agencies,
the Corps, federal advisory agencies, and the advanced             i.  Monetary Contributions to the Affected Landowner,
mitigation sponsor to participate in the determination of        Affected Parish, and/or the Louisiana Wetlands Conservation
advanced mitigation credits. The secretary shall consider the    and Restoration Fund
comments of the state advisory agencies, the Corps, federal
                                                                     1.  Compensatory mitigation may be accomplished by
advisory agencies, and the advanced mitigation sponsor made            m onetary contribu tion to th e      affected landowner, affected
                                                                monetary contribution to the affected landowner, affected
during, or received in writing within 20 days of, each field
                                                                parish, and/or the Louisiana Wetlands Conservation  and
investigation or other meeting held to determine advanced        Restoration Fund.
mitigation credits.
                                                                    2.  Such monetary contributions shall be used only to
      b. The total quantity of advanced mitigation credits
                                                                offset anticipated unavoidable net losses of ecological values
(AAHUs  or CHUs), by habitat type, attributable to the
                                                                and shall be selected as the compensatory mitigation option
advanced mitigation project shall be determined by applying          a nd shall be selected as the compensatory m gaton option
                                                                only in accordance with ï¿½724.J.
the methodology described in ï¿½724.C.
                                                                    3. The secretary shall determine the amount of the
      c.  For projects which have been partially implemented         3.  The secretary   shall determin e the    amou nt of the
prior to designation as an advanced mitigation project,
                      advanc n credits would  be  limited to those ' unavoidable net loss of ecological value, measured in AAHUs)
advanced mitigation credits would be limited to those
   'ibuted to only those features implemented after execution
                                                                compensatory mitigation cost.
    ,e MOA. Credits generated from features implemented as
a result of public conservation or restoration funds or as a         4.  The determination of anticipated unavoidable net loss
result of funds serving as mitigation for previous wetland       of ecological value, in AAHUs, that would result from the
losses shall not be considered part of the total advanced        proposed activity shall be made in accordance with ï¿½724.C.
mitigation credits.
                                                                     5.  The annual base mitigation cost (ABMC) represents
    10. The use of advanced mitigation credits shall be in    the cost of producing one AAHU for one year, within each
accordance with ï¿½724.G.6.                                        habitat type within each hydrologic basin. The ABMC is based
          H . Individual Compensatory Mitigation Measures        on example projects which could feasibly be constructed
  H. Individual Compensatory Mitigation Measures
                                                                within each habitat type, within each basin, and was
    1.  A  permit applicant may implement an individual         determined by the following formula:  [sum for example
mitigation measure or measures to satisfy the compensatory       projects (annual project cost / AAHUs produced)] / number of
mitigation requirements of a proposed activity.                  example projects.
    2.  The secretary shall determine the acceptability of an        6.  ABMCs are provided in the following table:




       Hydrologic Basin            Fresh           Inter.        Brack.         Saline        Hardwood           Fresh
                                   Marsh          Marsh          Marsh          Marsh             s             Swamp

    Pontchartrain                   380             396            420            443             32              283

    Breton                          364             389            411            518             32              283

    Mississippi R.                   331            331                                           32               283

    Barataria                        373            389            411            443             32               283

 I  Terrebonne                       338            353            376            443              32              283


Louisiana Administrative Code               June 1996        32






                                                                  Chapter 7                                                  43:1.724


               Hydrologic Basin            Fresh           Inter.        Brack.          Saline       Hardwood           Fresh
                                           Marsh          Marsh          Marsh          Marsh             s             Swamp

            Atchafalaya R.                   350            350                                           32               283

            TecheNermilion                   369            387            412            455             32               283

            Mermentau                       369             387            412            455             32              283

            Calcasieu/Sabine                 359            387            412            455             32               283


             7.  The secretary may periodically update the table at    renewal of the letter of credit until such time that the secretary
         ï¿½724.1.6 utilizing the best available data, in accordance with   returns the letter of credit to the permit recipient and/or
        provisions of R.S. 49:953.                                       depository; and
             8.  If compensatory mitigation is to be accomplished via           d.  shall require the secretary to return the letter of
         monetary contribution, the issued permit shall include a         credit to the permit  recipient and/or depository  upon
         condition which:                                                 compliance with the permit condition.
               a.  identifies the monetary amount determined pursuant         11. If a surety bond is utilized, the bond:
        to ï¿½724.1.3-6; and
                                                                               a.  shall ensure payment of the amount specified in the
               b.  specifies that the money would be transferred, upon    issued permit to the Louisiana Wetlands Conservation and
         request by the secretary, to the affected landowner, affected    Restoration Fund in the event that the permit recipient fails to
        parish,  or  the  Louisiana  Wetlands  Conservation  and         comply with the permit condition required by ï¿½724.1.8;
         Restoration Fund as selected by the secretary in accordance
                                                                               b.  shall be written by a surety or insurance company
        with ï¿½724.1.9.a or ï¿½724.I.12-20.
                                                                         which, at the time of permit issuance, is on the latest U.S.
             9.  To ensure compliance with such a permit condition,       Department of the Treasury Financial Management Service list
              trmit shall not be issued:                                 of approved bonding companies which is published annually
                                                                         in the Federal Register, or by a Louisiana-domiciled surety or
               a. until the monetary contribution has been made to
                                                                         insurance company with at least an A-rating in the latest
         the affected landowner, provided that a plan for use of that      inting of th          e A.M. Bests  Key Rating Guide to write
                                                                         printing of the A.M. Best's Key Rating Guide to write
         money has been accepted by the secretary prior to, or during,
                                                                         individual bonds up to 10 percent of the policyholder's surplus;
         the permit processing period, subsequent to coordination
         among the applicant, affected landowner, the Corps, and state           c.  shall have a term of five years; and
         and federal agencies which demonstrated an interest in
             and federal agencies which demonstrated an interest in             d.  shall require the secretary to release the bond to the
         participating in the selection of appropriate compensatory       permit recipient upon compliance with the permit condition.
         mitigation; or
                                                                              12. Unless a plan for the use of compensatory mitigation
               b.  until the secretary has received a letter of credit on
                                                                         funds has been accepted by the secretary pursuant to
         behalf of the permit applicant, pursuant to ï¿½724.1.10; or
                                                                         ï¿½724.I.9.a, the secretary shall request proposals for the
               c.  until it has been demonstrated to the secretary that   utilization of compensatory mitigation money from each
         a surety bond has been established by the permit applicant       affected landowner which demonstrated an interest, pursuant
         pursuant to ï¿½724.1.11.                                           to ï¿½724.J.5.a.vi or ï¿½724.J.6.d.vi, in receiving compensatory
                                                                         mitigation. The secretary's request for proposals shall be made
                                                                         in writing and within 10 days of permit issuance. The request
               a.  shall ensure payment of the amount specified in the    shall include the following:
         issued permit to the Louisiana Wetlands Conservation and
         Restoration Fund in the event that the permittee fails to comply       a.  ient            of the permitted activity for which
                         with the permit condition required byppayment of compensatory mitigation money is being required;
         with the permit condition required by ï¿½724.1.8;
                                                                                b. information regarding the habitat type and
               b.  should  be  provided  by  a  federally  insured
         depository that is "well capitalized" or "adequately capitalized"  ecological value (acreage and habitat value) to be strived for;
         and shall not, in any situation, be provided by a depository that      c.  announcement of the sum of money potentially
         *    ignificantly under capitalized"  or "critically under       available; and
is ilized" as defined in Section 38 of the Federal Deposit                       d.  a request that the affected landowner provide to the
         Insurance Act;
                                                                         secretary, in writing and within 25 days of receipt of such a
               c.  shall include a clause which causes an automatic       request,  a conceptual  mitigation  plan  for use  of the

                                                                      33       Louisiana Administrative Code                June 1996







43:1.724                                         NATURAL RESOURCES

compensatory mitigation money.                                          d.  the permit recipient shall make such payment to the
                                                                  affected landowner and provide evidence to the secretary that
    13. Proposals for expenditure of compensatory mitigation
          mone.                .oshall for  atedxuponditu   ofcollowsatoy  such payment has been made within 30 days of receipt of that
money shall be acted upon as follows:
                                                                  request; the permit recipient's responsibility for this component
      a.  Within 10 days of receipt of a conceptual mitigation   of the compensatory mitigation requirement ceases upon the
proposal, the secretary shall forward the proposal to those state  receipt of evidence by the secretary;
and federal agencies which demonstrated, during permit
                                                                        e.  if such payment is made to the landowner.
processing, an interest in participating in the selection of
appropriate compensatory mitigation.   Concurrently, the                   i. the plan shall be initiated within 45 days of
proposal shall also be forwarded to the affected parish if the   receipt of the payment unless the accepted plan includes
parish has an approved local program and if the parish           seasonal considerations for implementing certain measures,
demonstrated,  during permit processing, an  interest in         such as grass or tree plantings;
participating in the selection of appropriate compensatory                ii. within 15 days of the end ofthe period allowed
                                                                            ii. within 15 days of the end of the period allowed
mitigation.                                                      for initiation, the landowner shall inform the secretary in
      b.  Over the following 60 days, the secretary shall        writing of the status of plan implementation;
interact with the interested agencies, the affected landowner,                the plan shall be completely implemented within
                                                                           iii. the plan shall be completely implemented within
and the affected parish (if interested) to finalize the plan for  90 days of initiation unless the accepted plan includes a
use of the compensatory mitigation money. To be considered          specific time allotment for completion, or an  unexpected
acceptable by the secretary, the plan must satisfy the criteria   circumstance  provid es a valid reason for delay;
presented in ï¿½724.J.2-6. The 60-day period may be extended
if requested by the landowner, provided that negotiations are             iv. within 30 days of completion of the accepted
being carried on in "good-faith."                                plan, the landowner shall submit evidence that the accepted
                                                                  plan has been implemented, including a copy of invoices, bills,
      c.  If any permits/approvals are needed to implement
the  acceptable  plan,  the  landowner  shall submit  the
applications/requests to the appropriate entities within 20 days           v. if the landowner fails to implement the plan in a
of the plan being deemed "acceptable."                           timely manner, the landowner shall make payment, equal to the
                                                                  amount received from the permit recipient, to the Louisiana
      d.  If the affected landowner is unable to obtain the
                                                                  Wetlands Conservation and Restoration Fund within 30 davs
...cessary approvals for a plan which had been deemed
                                                                  of being requested by the secretary;
"acceptable" within 60 days of submittal due to concerns of, or
lack of consent by, the Corps or state and federal advisory               vi. if the landowner fails to implement the plan in a
agencies, the secretary shall allow the landowner an additional  timely manner and fails to make payment to the Louisiana
30 days to submit an alternate conceptual plan, and the          Wetlands Conservation and Restoration Fund in a timely
alternate proposal shall be acted upon in accordance ï¿½724.1.13.  manner, the landowner shall be subject to legal remedies to
                                                                  compel the landowner to make such payment, and further, the
    14. Once a plan is deemed "acceptable" and all necessary
                                                                  landowner shall be  ineligible to receive  compensatory
approvals have been obtained:
                                                                  mitigation money in the future; and
      a.  within 30 days, the landowner shall provide the
                                                                          vii. if the total expenditure for implementing the plan
secretary with a detailed written estimate of the total cost of
implementing the plan;                                           is less than the amount paid by the permit recipient, the
                                                                  landowner shall:
      b.  within 10 days of receipt of the estimate, the
                                                                             (a). utilize the difference within 60  days to
secretary shall:
                                                                  implement  an  additional  wetland  creation,  restoration,
          i. review the estimate for apparent completeness and   protection, and/or enhancement measure(s) approved by the
accuracy, etc.; and                                              secretary; or
         ii. if the estimate does not appear complete, accurate,           (b). pay the difference to the Louisiana Wetlands
and generally in order, identify the deficiencies and request the  Conservation and Restoration Fund;
landowner to revise and submit a complete and accurate
estimate; the revised estimate shall be submitted within 15 days  payment to the landowner within 60 days of the  retarys
                                                                  payment to the landowner within 60 days of the secretary's
                                   of receipt of the secretary's request;  request, the secretary shall pursue payment via the letter of
       c.  within 10 days of receipt of an apparently complete    credit or surety bond, unless the permit recipient provides
--d accurate estimate, the secretary shall request in writing, the  evidence that the permitted activity has not been implemented
    nit recipient to provide to the affected landowner a         and the permit is returned to the secretary;
padyment of money equal to the estimate, but not to exceed the              if the  seretary pursues payment via the letter of
                                                                         g.  if the secretary pursues payment via the letter of
amount identified in the issued permit;
                                      Louisiana Administr ecredit or surety bond:


Louisiana Administrative Code               June 1996        34







                                                             Chapter 7                                                  43:1.724

             i. the resultant money shall be deposited into the     information or other material necessary for processing the
      lisiana Wetlands Conservation and Restoration Fund; and       applications/requests; or
            ii. the permit recipient shall not be allowed, in the         e.  if, following an attempt to combine compensatory
   future, to accomplish required compensatory mitigation via the   mitigation money from more than one permitted activity,
   monetary contribution option; and                                pursuant  to  ï¿½724.1.15,  the  mitigation  measure  is not
           iii. the secretary shall negotiate with the affected    implemented within two years.
   landowner(s) on an individual case basis to formulate an             17. If a landowner's "right" to utilize the compensatory
   acceptable plan for use of that money on the affected            mitigation money should cease, the secretary shall, in writing
   landowner's property; or                                c        and within 10 days of such cessation:
           iv. if an acceptable plan can not be negotiated for the        a.  inform the landowner that his/her right to utilize the
   affected landowner's property, the money shall be utilized       compensatory mitigation money has ceased; and
   pursuant to ï¿½724.1.2 1.                                                b.  inform  the  affected  parish  of the  potential
       15. The secretary may delay the process of formulating a    availability of that money for implementing wetland creation,
   plan for utilizing compensatory mitigation money for the         restoration, protection, and/or enhancement measures; such
   purpose of combining the compensatory mitigation money           notification shall include the items identified in ï¿½724.1.12.a-d.
   from more than one permitted activity, provided that:
                                        from more than one permitted activity, provided that:  18. Proposals for expenditure of compensatory mitigation
         a.  prior to delaying the process, the secretary considers  money by a parish shall be acted upon in the manner described
   the  views  of those  state and  federal agencies  which         for a landowner in ï¿½724.1.13 and implemented in the manner
   demonstrated,  during permit processing, an  interest in         described for a landowner in ï¿½724.1.14-15.
   participating in the selection of appropriate compensatory
                             .4D~~~~~~~~~ .                               . ......19. A  parish's  "right"  to utilize  the compensatory
   mitigation;
       0mitigation;                      ..............mitigation money would cease if the conditions described in
         b.  prior to delaying the process, the secretary considers  ï¿½724.1.16 existed with regard to the parish.
   the views of the affected parish if the parish has an approved                                          utilize  the  required
   local program and if the parish demonstrated, during permit          20. If a    par sh's nght"   to  utilize  the   required
'-,s~   X sIn  a    t t        a i        g    tiocompensatory mitigation money should cease, the secretary
      cessing, an interest in participating in the selection of     shal within      days of such cessation:
                                                                    shall within 10 days of such cessation:
      ropriate compensatory mitigation;
                                                                           a.  inform the parish that its right to utilize the
         c.  the time elapsed from issuance of the first permit to
                                                                    compensatory mitigation money has ceased; and
   implementation of the mitigation measure(s) would not be
   expected to exceed two years; and                                      b.  request the permit recipient to provide payment of
                                                                    the amount of money identified in the issued permit to the
         d.  the landowner (or parish) is aware,  and can
                                                                    Louisiana Wetlands Conservation and Restoration Fund within
   demonstrate, that additional impacts are likely to be proposed
                   on the ownership (orwithin the parish)within  days, and  60 days of receipt of that request; the permit recipient's
   on the ownership (or within the parish) whas obta ined   thin 180 days, and  responsibility  for this component  of the compensatory
   the landowner (or parish) has obtained the necessary permits/
                                                                    mitigation requirement ceases upon the receipt of such
   approvals for a specific mitigation measure that would require
                                                                    payment by the secretary.
   an amount of money greater than that generated from a single
   permitted activity.                                                  21. If such payment is made to the Louisiana Wetlands
                                                                    Conservation and Restoration Fund, the secretary shall select
       16. A landowner's "right" to utilize the required
                   com. A  lensandownr    miigati  mony woutil    theareq :    a specific wetland creation, restoration, protection, and/or
   compensatory mitigation money would cease:
                                                                    enhancement measure(s) to be implemented with that money,
         a.  if the landowner failed to comply with the requests    following consideration of the comments of those state and
   described in ï¿½724.J.5.a.vi, ï¿½724.J.6.d.vi, or ï¿½724.1.12.d; or    federal  agencies  which  demonstrated  an  interest  in
         b.  if the secretary determines, during the interaction    participating in the selection of appropriate compensatory
         b.  if the secretary determines, during the interaction
                                                                    mitigation during permit processing and utilize that money to
   period described in ï¿½724.1.13.b, that the attempt to derive a
                                                                    implement the selected measure.
   plan mutually acceptable to the landowner and the secretary is
   futile; or                                                           22. If the permit recipient does not make the requested
                                                                    payment to the Louisiana Wetlands Conservation and
         c.  if the landowner failed to comply, without good
                                                                    Restoration Fund within 60 days of the secretary's request, the
   reason, within the time periods described in ï¿½724.1.13.c-d and
   ï¿½724.1.14.a, b, and e, or                                        secretary shall pursue payment via the letter of credit or surety
                                                                    bond, unless the permit recipient provides evidence that the
         d.  if the necessary permits/approvals described at        permitted activity has not been implemented and the permit is
s ,24.1.13.c have not been obtained within 180 days of the          returned to the secretary.
   submittal of applications/requests, due to failure on the part of
                                                                         23. If the secretary pursues payment via the letter of credit
   the landowner to provide, in a timely manner, adequate

                                                                 35       Louisiana Administrative Code                June 1996







43:1.724                                         NATURAL RESOURCES

  surety bond:                                                         a.  By the tenth day of the public notice period; or
      a. the resultant money shall be deposited into the    within I 0 days of receipt of a modification request fiom the
                                                                  applicant, if such modification would result in a substantive
Louisiana Wetlands Conservation and Restoration Fund and
  LouilianazWetlands purservationuant Restoration1Fund and       change in the anticipated impact (acreage or habitat type); or
utilized pursuant to ï¿½724.1.21; and
                                                                  within five days of determining that the individual use may be
      b.  the permit recipient shall not be allowed, in the      authorized under a general permit, the secretary shall:
future, to accomplish required compensatory mitigation via the
                                                                            i. determine the habitat type and extent (i.e.,
monetary contribution option.                                    acreage) of anticipated impact to the affected landowner;
  J.  Selecting Compensatory Mitigation                                   .
                                                          .  Selecting Compensatory Mitigation  ii. in writing,  provide  to the applicant basic
    1.  In selecting compensatory mitigation, the secretary      information regarding the anticipated impact (acreage, habitat
shall consider the recommendations and comments of those         type);
state and federal agencies which demonstrated an interest                     in writing, request the applicant to submit to the
                                                                           iii. in writing, request the applicant to submit to the
during permit processing, in participating in the selection of
appropriate compensatory mitigation. The secretary shall also    compensatory miti on proposa    l whi ch has been coordinated
                                                                  compensatory mitigation proposal which has been coordinated
consider the recommendations and comments of the affected
                                                                  with the affected landowner; alternatively, if the applicant's
parish if the parish has an approved local program and if the
                                                                  proposed use would qualify for authorization under a general
parish demonstrated, during permit processing, an interest in
                                                  4P .   '      ~permit or if the proposed use would directly impact 5.0 acres
participating in the selection of appropriate compensatory       or less, the applicant may propose to make a monetary
mitigation.
    mitigation.                                                  contribution for compensatory mitigation pursuant to ï¿½724.1;
    2.  The  secretary  shall  ensure  that  the  selected       however, if the applicant proposes to make a monetary
compensatory mitigation, in order of priority, is sufficient     contribution, such a proposal must be submitted within 10 days
(ï¿½724.J.3), properly located (ï¿½724.J.4), and accomplished by     of the secretary's request;
the most desirable available/practicable option (ï¿½724.J.5-6).             iv.  in writing, provide to the affected landowner
                                                                           iv. in writing, provide to the affected landowner
    3.  The selected compensatory mitigation proposal must       basic information regarding the anticipated impact (acreage,
completely offset the unavoidable net loss of ecological value,  habitat type);
     s a variance is granted pursuant to ï¿½724.K;
    ;s a variance is granted pursuant to ï¿½724.K;                          v. in writing, suggest to the landowner, that he/she
    4.  To be considered properly located, the compensatory      assist the applicant in developing a compensatory mitigation
mitigation must be selected according to the following           proposal; and
prioritized criteria:
                                                                           vi. in writing, request that the landowner submit to
      a.  must have an anticipated positive impact on the        the secretary, in writing and within 30 days of such request, a
ecological value of the Louisiana Coastal Zone;                  statement which would:
      b.  should be on-site if the opportunity exists and if the           (a). indicate  acceptance   of  the  applicant's
compensatory mitigation would contribute to the wetland          compensatory mitigation proposal; or
health of the hydrologic basin;                                             (b).  explain why the applicant's compensatory
      c.  should  be  located,  in accordance  with  R.S.        mitigation proposal is not acceptable and suggest an alternative
214.41.E, on the affected landowner's property, provided the     compensatory mitigation proposal which would be acceptable;
secretary determines that the proposed mitigation is acceptable  or
and sufficient;
              and sufficient;                                               (c). propose a landowner-authored compensatory
      d.  shall be located within the same hydrologic basin as   mitigation plan if the applicant has failed to contact the
the proposed impact, unless no feasible alternatives for         landowner or if the applicant has failed to develop a mutually
compensatory mitigation exist in that basin; and                 acceptable compensatory mitigation plan; or
       e.  shall, in order of preference, be located within the             (d). request, if the applicant's proposed use would
same  habitat type as the proposed impact; or produce            qualify for authorization under a general permit or if the
ecological values which would be similar to those lost as a      proposed use would directly impact 5.0 acres or less, receipt of
result of the proposed activity, despite being located in a      a monetary contribution for compensatory mitigation, with a
different habitat type; or contribute to the overall wetland     specific proposal for the use of that money to be developed
health of the hydrologic basin, despite being located in a       pursuant to ï¿½724.1; however, if the landowner opts to request
d;iferent habitat type.                                          receipt of a monetary contribution, such a request must be
    ..  The procedure forselecting compensatory mitigation       submitted within 15 days of the secretary's request.
for proposed  activities which  would  adversely  impact               b.  An applicant's failure to submit a compensatory
vegetated wetlands on only one landowner's property shall be     mitigation proposal as described in ï¿½724.J.5.a.iii may cause an
as follows:                                                      interruption of the permit processing period identified at

Louisiana Administrative Code               June 1996        36






                                                          Chapter 7                                                   43:1.724

ï¿½723.C.4.f, until such time that an acceptable and sufficient     landowner's property;
 _itigation plan can be developed.
 ._itigation plan can be developed.                                      viii. if the proposed activity would directly impact
      c.  A  landowner's failure to submit the statement         more than 5.0 acres but no more than 10.0 acres, monetary
described in ï¿½724.J.5.a.vi would forfeit the landowner's "right"  contribution pursuant to ï¿½724.1.
to require that the compensatory mitigation for the subject             f.  Monetary contributions shall not be an accepted
activity be performed on the subject property, but not            form of compensatory mitigation if the   oposed activity
necessarily preclude compensatory mitigation from occurring       would directly impact more than  I0.0 acres.
                                                                  would directly impact more than 10.0 acres.
on the subject property.
                                                                      6.  For proposed activities which would impact vegetated
      d.  All compensatory mitigation proposals submitted by
the landowner or applicant; negotiated among the landowner,
applicant, and the secretary; suggested by state advisory               a.  By the tenth day of the public notice period; or
agencies, the Corps, or federal advisory agencies; or developed   within 10 days of receipt of a modification request from the
by the secretary shall be considered.                             applicant, if such modification would result in a substantive
                                                                  change in the anticipated impact (acreage or habitat type); or
      e. Subject to ï¿½724.J.1-4, the secretary shall select the
                                                                  within five days of determining that the individual use may be
compensatory mitigation option according to the following                    
priorities, unless there is a valid reason for altering the order of  th   orized under    a general permit, the secretary shall request
                       priority:'~~~~~~~~ ~the applicant to provide a map(s) to the secretary with accurate
                                                                  scale and sufficient detail to determine the extent of impact
          i. acquisition of mitigation credits, if the affected   (i.e., acreage) to each landowner identified pursuant to R.S.
landowner has an approved mitigation bank;                        49:214.30.C.2.
         ii. use of advanced mitigation credits if the affected         b.  At this time, the permit processing period identified
landowner has an approved advanced mitigation project, if    at ï¿½723.C.4.f shall be interrupted until the requested map(s) has
allowable pursuant to ï¿½724.G.6;                                   been provided.
         iii. if  the  proposed  use  would  qualify  for                c.  When the anticipated impact to a given landowner
authorization under a general permit or if the proposed use       would be less than 1.0 acre, it shall be considered unacceptable
-"ould directly impact 5.0 acres or less, monetary contribution   to allow that landowner to require compensatory mitigation to
  .rsuant to ï¿½724.1.  Valid reasons for altering the order of     be performed on his/her property, unless it is determined to be
priority, and the altered priority, include but are not limited to  acceptable by the secretary in certain special cases.
the following:                                                           d.  Within 10 days of receipt of the map(s) described in
           (a). if the Corps has identified an individual         ï¿½724.J.6.a, the secretary shall:
compensatory mitigation proposal which would be acceptable
                                 red 0~~~~~~~ r    on    w w  s              i. determine the habitat type and extent (i.e.,
and sufficient to the affected landowner (if interested in.                                                                 .
receiving compensatory mitigation), the applicant, and the
secretary, such proposal shall be given higher priority than the           ii. in writing, provide to the applicant a list of
monetary contribution; or                                         affected landowners whose anticipated direct impact is 1.0 acre
                                                                  or greater and basic information regarding the anticipated
           (b). if the affected landowner forfeited his/her right
                         (b). f the affected landowner forfeited hiher right  impact (acreage, habitat type) to each of those landowners and
to "require" compensatory mitigation pursuant to ï¿½724.J.5.c,          te e
and the affected parish does not have a use for the monetary
contribution which has been preapproved by the secretary and               iii. in writing, request the applicant to submit to the
the Corps, and there is an available and appropriate mitigation   secretary in writing and within 20 days of such request, a
bank  or advanced  mitigation  site not on  the affected          compensatory mitigation proposal which has been coordinated
landowner's property, the acquisition of mitigation bank credits  among all affected landowners whose anticipated direct impact
or advanced mitigation credits shall be given higher priority     is 1.0 acre or greater; alternatively, if the applicant's proposed
than the monetary contribution;                                   use would qualify for authorization under a general permit or
                                        iv  individual compensatory mitigation proposal on  if the proposed use would directly impact 5.0 acres or less, the
         iv. individual compensatory mitigation proposal on
the affected landowner's property;                                applicant may propose to make a monetary contribution for
                                                                  compensatory mitigation pursuant to ï¿½724.1; however, if the
          v. acquisition of credits from a mitigation bank not    applicant proposes to make a monetary contribution, such a
on the affected landowner's property;                             proposal must be submitted within 10 days of the secretary's
                                                                  request;
         vi. use  of advance  mitigation credits  from  an        request;
  vanced mitigation project not on the affected landowner's                iv. in writing, provide to each landowner whose
 Property, if allowable pursuant to ï¿½724.G.6;                     anticipated  direct impact  is 1.0 acre or greater, basic
          vii. individual mitigation proposal not on the affected  information regarding the anticipated impact (acreage, habitat
        vii. individual mitigation proposal not on the affected
                                                                  type) to the subject property and for the entire project;

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43:1.724                                         NATURAL RESOURCES

         v. in writing, suggest to each of those landowners,     measures  versus  fewer  or  a  single  comprehensive
  it they assist the applicant in developing a compensatory      compensatory mitigation measure(s); and
  .Ligation proposal; and
                                                                          iii. the long-term ecological benefits of separate/
        vi. in writing, request that each of those landowners   multiple compensatory mitigation measures versus fewer or a
submit to the secretary, in writing and within 30 days of such   single comprehensive compensatory mitigation measure(s).
request, a statement which would:
                                                                       i.  The  secretary  shall  select  the  compensatory
          (a). indicate  acceptance  of  the  applicant's       mitigation option according to the following priorities, unless
compensatory mitigation proposal; or                             there is a valid reason for altering the order of priority:
          (b). explain why  the applicant's compensatory                  i. if an affected landowner has an  approved
mitigation proposal is not acceptable and suggest an alternative  mitigation bank, acquisition of mitigation credits, at least for
compensatory mitigation proposal which would be acceptable;      that portion of the impact which occurs on that landowner's
or                                                               property;
          (c). propose a landowner-authored compensatory                 ii. if an affected landowner has an  approved
mitigation plan if the applicant has failed to contact the       advanced mitigation project, use of advanced mitigation
landowner or if the applicant has failed to develop a mutually   credits, for that portion of the impact which occurs on that
acceptable compensatory mitigation plan; or                      landowner's property, if allowable pursuant to ï¿½724.G.6;
          (d). request, if the applicant's proposed use would            iii. if the proposed  activity would  qualify for
qualify for authorization under a general permit or if the       authorization under a general permit or if the proposed use
proposed use would directly impact a total of 5.0 acres or less,  would directly impact 5.0 acres or less, monetary contribution
receipt  of a  monetary  contribution  for  compensatory         pursuant to ï¿½724.1. Valid reasons for altering the order of
mitigation, with a specific proposal for the use of that money   priority, and the altered priority, include but are not limited to
to be developed pursuant to ï¿½724.1; however, if the landowner    the following:
opts to request receipt of a monetary contribution, such a                     . if the Corps  has  identified an  individual
                                                                            (a). if the Corps has identified an individual
request must be submitted within 15 days of the secretary's      compensatory mitigation proposal which would be acceptable
*  request.                                                      and sufficient to the affected landowners (if interested in
      e.  An applicant's failure to submit a compensatory        receiving compensatory mitigation), the applicant, and the
mitigation plan as described in ï¿½724.J.6.d.iii may cause an      secretary, such proposal shall be given higher priority than the
interruption of the permit processing period identified at       monetary contribution, or
ï¿½723.C.4.f, until such time that an acceptable and sufficient
                                                                            (b). if the affected landowners forfeited their right
mitigation plan can be developed.
    mitigation plan can be developed,                            to "require" compensatory mitigation pursuant to ï¿½724.J.5.c,
      f.  A  landowner's failure to submit the statement         and the affected parish does not have a use for the monetary
described in ï¿½724.J.6.d.vi would forfeit the landowner's "right"    contribution which has been preapproved by the secretary and
to require that the compensatory mitigation for the subject      the Corps, and there is an available and appropriate mitigation
activity be performed on the subject property, but not           bank  or advanced  mitigation  site not  on  an  affected
necessarily preclude compensatory mitigation from occurring      landowner's property, the acquisition of mitigation bank credits
on the subject property.                                         or advanced mitigation credits shall be given higher priority
                                                                 than the monetary contribution;
      g.  All compensatory mitigation proposals submitted by    than the monetary contribution;
the  landowner(s)  or  applicant;  negotiated  among  the                 iv. individual compensatory mitigation measure(s)
landowner(s), applicant, and the secretary; suggested by state   acceptable to all interested landowners;
advisory agencies, the Corps, or federal advisory agencies; or
                                                                           v. individual compensatory mitigation measure(s),
developed by the secretary shall be considered.
                                                                 that would have a positive effect on one or more, but not
      h.  In situations where landowners have proposed           necessarily all, of the interested landowner's properties;
separate/multiple  compensatory  mitigation measures, the                   . acquisition of credits from a mitigation bank not
                                                                          vi. acquisition of credits from a mitigation bank not
secretary shall consider the following factors in selecting
                                                                 on an affected landowner's property;
compensatory mitigation:
                                                                          vii. use of advanced mitigation credits from an
          i. cost effectiveness of offsetting ecological value           vii use   of advanced  mitigation     c redit s fro m an
losses via separate/multiple compensatory mitigation measures
                                     versus  fewer  or a sinle  comprehensve  compensatory  landowner's property, if allowable pursuant to ï¿½724.G.6;
versus fewer or a single comprehensive compensatory
  i tigation measure(s);                                                viii. individual mitigation proposal not on an affected
         ii. practicability, on the part of the secretary, of    landowner's property;
confirming/enforcing   implementation,   operation,   and                 ix. if the proposed activity would directly impact
maintenance of separate/multiple compensatory mitigation         more than 5.0 acres but no more than 10.0 acres, monetary

Louisiana Administrative Code               June 1996        38






                                                           Chapter 7                                                   43:1.724

contribution pursuant to ï¿½724.1.                                  following information:
      j.  Monetary contributions shall not be an accepted                   i. a detaileddescription oftheexisting infrastructure
.,rm of compensatory mitigation if the proposed activity          which would be protected by the flood protection facility,
would directly impact more than 10.0 acres.                       including public facilities (e.g., roads, bridges, hospitals, etc.),
                                       K. Variances from Compensatory Mitigation Requirements  residential areas (including approximate number of homes and
  K.  Variances from Compensatory Mitigation Requirements
                                                                  associated residents), indusfries, and businesses;
    1.  Pursuant to the remainder of this Section, the secretary
shall grant a full or partial variance from the compensatory
  shall grant a full or partial variance from the compensatory    depicting the locations of the above infrastructure components;
mitigation requirement (variance) when a permit applicant has
satisfactorily demonstrated to the secretary:                              iii. a detailed description of the extent and severity of
                                             a. that the required compensatory mitigation would  past flooding problems and projections of potential damages
      a. that the required compensatory mitigation would
render impracticable an activity proposed to be permitted; and    due to future floodig events; and
      b.  that such activity has a clearly overriding public              iv. a description of nonstructural and structural flood
interest.                                                         protection and reduction measures which have been undertaken
                                                                  or implemented in the past, or are reasonably expected to occur
    2.  Variance Request Requirements                             in the future.
      a.  Following the application of ï¿½724.B; development              g.  As part of the requirements of ï¿½724.K.2.c, all
of a compensatory mitigation option(s) pursuant to ï¿½724.J; and    requests for variances  shall  include  cost estimates for
presentation by the secretary (in accordance with ï¿½723.C.8.b)     implementing  the  proposed  project  and  performing
of a draft permit, including conditions for compensatory          compensatory mitigation.
mitigation, the permit applicant may file a variance request
                                                                        h.  The  request  shall  be  accompanied  with  a
                 with the secretary.                             nonrefundable filing and hearing fee of $250.
      b.  The variance request must be filed and resolved
prior to initiation of the proposed activity.
      c.  The variance request must be filed in writing and             a.  The secretary shall review a variance request and
   'ude the following:                                                rm the applicant of its completeness within 15 days of
                                                                  receipt.
          i. a statement explaining why the proposed
                                                                        b.  If the variance request is not complete or if
compensatory  mitigation requirement  would  render  the                b.  If the vaance request  s not complete or if
                                                                  additional information is needed, the secretary shall request
proposed activity impracticable, including supporting
                                              fopaosed   an ; irac b   from the applicant, the additional information necessary to
information and data; and
                                                                  evaluate and process the request.  If the applicant fails to
         ii. a statement demonstrating that the proposed         respond to such request within 30 days, the secretary may
activity has a clearly overriding public interest by explaining   advise the applicant that his request will be considered
why the public interest benefits of the proposed activity clearly  withdrawn unless the applicant responds within 15 days of
outweigh the public interest benefits of compensating for         such advisement. If the request is considered withdrawn, to
wetland values lost as a result of the activity, including        reinstate the request, the applicant will be required to resubmit
supporting information and data.                                  the request, accompanied with an additional nonrefundable
                                                                  filing and hearing fee of $250.
      d.  As part of the requirements of ï¿½724.K.2.c, requests    filing and hearing fee of $250.
for variances  for mineral  exploration,  extraction,  and              c.  The secretary shall not issue a variance prior to
production activities shall include production projections,       publishing a "Notice of Intent to Consider a Variance from the
including supporting geologic and seismographic information;      Compensatory Mitigation Requirement", and accepting and
a projected number of new jobs; and the expected duration of      considering public comments.
such employment opportunities.  The secretary shall ensure
that any proprietary information is adequately protected.
                                                                  variance request as complete, the secretary shall review the
      e.  As part of the requirements of ï¿½724.K.2.c, requests    request, considering the criteria set forth in ï¿½724.K.1, and
for variances for mineral transportation activities shall include  either:
information regarding the amount of product proposed to be
transported; the destination of the product; a projected numbery the 
of new jobs and their location; and the expected duration of       eny the request, including his rationale; or
such employment opportunities.  The secretary shall ensure                 ii. determine that the variance request warrants
    any proprietary information is adequately protected.          further consideration and publish a "Notice of Intent to
                                                                  Consider a Variance from the Compensatory Mitigation
      f.  As part of the requirements of ï¿½724.K.2.c, requests
for variances for flood protection facilities shall include the   Requirement."


                                                              39       Louisiana Administrative Code                 June 1996







43:I1.724                                         NATURAL RESOURCES

      e.  "Notices of Intent to Consider a Variance from the      described in ï¿½724.K.5.b shall be prepared:
   mpensatory Mitigation Requirement" shall be published in
mne official state journal, mailed to Joint Public Notice mailing  comme nt perio     d i  f        the secrtary determines   th   public
recipients and all persons that submitted comments on the
original public notice, and provided to the local governing
authority of the parish or parishes where the proposed activity            ii. within 15 days of the public hearing if one is held.
would take place.                                                       b.  The secretary shall prepare a signed final "Statement
      f.  "Notices of Intent to Consider a Variance from the     of Finding" which explains the reasons for denying a variance
Compensatory Mitigation Requirement" shall contain the            or describes why  the proposed compensatory mitigation
following:                                                        requirement would have rendered the proposed activity
                                                                   impracticable, describes why the public interest benefits of the
          i. name and address of the applicant;
                                                                   proposed activity clearly outweigh the public interest benefits
         ii. the location and description of the proposed        of requiring compensation for wetland values lost as a result of
activity;                                                         the activity; and describes the nature and extent of the granted
                                                                   variance. This statement shall be part of the permit record,
                       . a descpton of the area to be directly impacted  available to the public, and attached to the granted permit.
(acres and habitat types) and quantification of anticipated
unavoidable net losses of ecological value;                              c.  The  final  variance  decision  is  subject  to
                                                                   reconsideration as described at R.S. 49:214.35.
         iv. a description of the compensatory mitigation plan
proposed as a condition of permit issuance;                           6.  Duration of Variance
         v. a description of the nature and extent of the               a.  A variance shall be valid only for the original permit
variance;                                                         recipient. Any party receiving a transferred permit may seek
                                                                   a variance, through the procedures established by ï¿½724.K.2-5.
         vi. a summary of the information presented by the 
applicant in fulfillment of ï¿½724.K.2.c-g;                               b.  A variance shall be valid for the initial terms of the
                                                             .           permit to which it is specifically related, unless the variance is
        vii. an unsigned secretarial "Statement of Finding"                               accordance with ï¿½724.K.7.
   arding  why  the  proposed  compensatory  mitigation
  ' quirement may render the proposed activity impracticable             c.  The secretary may extend a variance, in accordance
and comparing the public interest benefits of the proposed        with ï¿½723.D.5., concurrently with the extension of the permit
activity  to  the  public  interest  benefits  of  requiring      to which it is specifically related.
compensatory mitigation for the wetland values lost as a result
                                                                       7.  Modification or Revocation of Variance
of the activity; and
                                                                         a.  If requested by the applicant, the secretary shall
       viii. notification that public comments, including
                                                      nos 2i    consider modifying a variance, according to the procedures
requests for public hearings, will be accepted for 25 days from      d
                                                                   described in ï¿½724.K.2-5.
the date of publication of the "Notice of Intent to Consider a
Variance from the Compensatory Mitigation Requirement."                  b.  A third party may request the secretary to consider
                                                                   a modification or revocation of a variance, based on lack of
    4.  Public Hearings on Variance Requests
                                                                   conformance to the criteria set forth in ï¿½724.K. 1.
      a. A public hearing shall be held when:
                                                                         c.  The secretary may revoke a variance, if:
          i. requested by the applicant following the secretary
announcing his intention to deny a variance request;
                                                    announcing his intention to deny a variance request;  by the applicant during the permit or variance review period;
         ii. the secretary determines that a public hearing is    or
warranted, following a review of comments received during the               ii. there is any violation of the conditions and
                                                                            ii. there is any violation of the conditions and
period described in ï¿½724.K.3.f.viii; or
                                                                   limitations of the permit to which the variance is specifically
         iii. the conditions described at ï¿½723.C.6.c are met.     related; or
      b.  Public hearings shall be conducted in accordance                iii. there is any violation of the conditions and
with ï¿½727.                                                        limitations of the variance; or
    5.  Final Variance Decision                                            iv. the applicant misrepresented, without regard to
                                                         a.  The secretary shall issue a final variance decision  intent, any material facts during the variance or permit review
      a.  The secretary shall issue a final variance decision    p     '
   0d on full consideration of the criteria set forth in ï¿½724.J.I,    period; or
information submitted by the applicant, comments received                   v. the actual public interests of the activity turn out
during the public comment period, and comments received at    to be significantly less than that estimated by the applicant in
the public hearing if one is held. A "Statement of Finding"       its statements filed in association with the variance request

Louisiana Administrative Code                June 1996        40







                                                           Chapter 7                                                    43:1.725

review.                                                            parish coastal zone and specific objectives and priorities of use
                                    d.  The procedure for revoking a variance shall be as  for each management unit and identified particular area, if any.
                                                                   Except as specified in Subsection D. I.d below, these policies,
rollows:  i. The   scretar shalin  writng,  infor  te            pe
                                                                   objectives and priorities of uses must be consistent with the
          i. The  secretary shall, in writing, inform the         policies and objectives of the SLCRMA, as amended, and the
variance holder that revocation is being considered, providing     state guidelines.
reasons for the potential revocation and advising the variance            f.  The development ofprocdures providing for the
holder that he will be given, if requested within 10 days from     full participation  of federal, state, local and  municipal
                                                                   full participation of federal, state, local and municipal
receipt of the notice, an opportunity to respond to the reasons
                                                                   government bodies and the general public in the development
for potential revocation.
                                                                   and implementation of the parish program.
         ii. After consideration of the variance holder's
                                                                         g.  The development of the necessary authorities,
response, or if no response is received, the secretary shall       procedures, and administrative arrangements for reviewing,
provide written notice to the variance holder, allowing the        issuing, and moni toring permi       ts for uses of local concern.
                                                                   issuing, and monitoring permits for uses of local concern.
variance to remain valid or explaining newly imposed
compensatory mitigation requirements.                                     h.  The development of special procedures and methods
  AUTHORITY NOTE:  Promulgated in accordance with R.S.             for considering uses within special areas designated pursuant
49:214.41.                                                         to ï¿½214.29 of the SLCRMA, if any, and the impacts of uses on
  HISTORICAL NOTE: Promulgated by the Department of Natural        the special areas.
Resources, Office of the Secretary, LR 21:835 (August 1995).             i.  The development of special procedures and methods

        Subchapter D.  Local Coastal                              for considering uses of greater than local benefit and uses
                                                                   affecting state or national interests.
             Management Programs 
                                                                     C. Program Content
ï¿½725. Development, Approval, Modification, and
      Periodic  Review of Local Coastal Management                     1.  Local programs may be submitted for approval after
      Programs                                                    being developed in accordance with Subsection B and shall
                                                                   consist of:
  A.  Letter of Intent. Parishes intending to apply for grants
   3repare a local coastal management program (LCMP) shall                a.  a summary of the local program;
.otify the secretary of DNR by sending a letter of intent                 b.  maps and descriptions of the natural features,
approved by the parish Police Jury or Council.                     resources, and existing land use in each management unit.
  B.  Program Development                                          These maps shall depict the division of the coastal areas into
                                                                   coastal waters and wetlands, transitional areas, fastlands, and
    I.  The process for developing a local program will           lands more than 5 feet above mean sea level;
consist of:
                                                                          c. the results of the social and economic analysis
      a.  A division of the parish's coastal zone into units that  carried out pursuant to Subsection B. I .b, above
have similar environmental and natural resource characteristics
(environmental management units) and an identification and                d.  a description of those existing and future resource-
mapping of the features, resources, and resource users of those    use conflicts identified pursuant to Subsection B. I .c, above;
units.                                                                    e.  an identification of those particular areas, if any,
      b.  An analysis of the projected social and economic        requiring special management as described in Subsection B. I .d
growth for the parish. This analysis must include projected        above, as well as the special policies and/or procedures to be
population growth, projected expansion of economic sectors,        applied to these areas;
estimated demand for and use of land, and an assessment of                   i. statement of the goals, objectives, policies, and
how these projected changes will affect the natural resources      priorities of uses included in the program, as described in
of each management unit as well as the parish as a whole.          Subsection B.l.e.;
       c.  An identification of existing and potential resource-             ii. a statement assuring that the policies of the local
use conflicts including their location and severity. Identified    program are consistent with the policies and objectives of the
problems should be mapped to the extent possible.                  SLCRMA, as amended, and the state guidelines and that the
       d.  An identification of particular areas, if any, within   local  program  shall  be  interpreted  and  administered
the parish requiring special management as a result of their       consistently with such policies, objectives, and guidelines;
~--ique natural resource or development potentials.                       f.  a description of the authorities and administration
       e.  The development of goals, objectives and policies       arrangements regulating uses of local concern, for reviewing,
for the management of the parish's coastal zone. This shall        issuing, and monitoring local coastal use permits, and for
include those goals and objectives applicable to the entire        enforcing the local program, including:


                                                               41       Louisiana Administrative Code                  June 1996






       43:1.725                                         NATURAL RESOURCES

                 i. a concise explanation of how the local program's        i.  Local programs may be submitted for approval after
          'stal management process is to work;                          promulgation of these rules and the state guidelines.  The
i               ..         . .        . .                               following procedures shall apply:
                ii. a description and listing of those areas and uses
       that will require local coastal use permits;                           a.  Fifteen copies of the complete proposed local
                                                                        program shall be submitted to the secretary.  The local
                iii. an illustrative list of particular activities which
       occur either in fastlands or on lands more than 5 feet above     government  shall have  additional  copies  available  for
                                                                        distribution upon request. The secretary shall, within fifteen
       mean sea level that have, or may have, direct and significant    d                                        . T
                                                    '          o        noatawtes;days of the filing of a complete program give public notice of
       impacts on coastal waters;
                                                                        the submittal of the proposed local program, of the availability
                iv. an analysis of all ordinances included in the local  of copies of the program for public review and of the date, time
       program demonstrating that the effect of such ordinances,        and place of a public hearing on the program and request
       when applied to uses not subject to the local coastal use permit  public comment. The secretary shall give full consideration to
       program, would result in compliance with the goals and           all comments received.
       provisions of the SLCRMA,as amended, the objectives of the
                                                                               b.   The secretary shall, within 90 days of the giving of
       Louisiana Coastal Resources Program (LCRP), and the policies
                                                                        public notice, either approve the local program or notify the
       of the coastal use guidelines.
                                                                        local government of the specific changes which must be made
                v. a description of the administrative means by        in order for it to be approved.
       which the parish will coordinate with other governmental
                                                bodis duing rogam iplem a io rd :  m c . In order to approve the local program, the secretary
       bodies during program implementation regarding:
                                                                        must find that:
                  (a). local program implementation, including copies
                                                                                   i. the program is consistent with the state guidelines
       of any interagency or intergovernmental agreements;
                                                              Av  tv    and with the policies and objectives of the SLCRMA;
                  (b). multiparish environmental considerations;
                                                               (b) multiparish environmental considerations;  ii. the program submitted for approval contains all
                  (c). consideration by the parish of regional, state, or  the elements required by Subsection C above and that the
       national interests; and                                          materials submitted  are accurate and  are of sufficient
                                                                        specificity to provide a basis for predictable implementation of
                  (d). regional, state, or national plans affecting the
                                                                        the program;
           sh coastal zone and other projects affecting more than one
       parish;                                                                   iii. that the proposed program, and the policies,
                                                                         objectives, and priorities of use in the program, are of a
                                                           vi. certified  copies  of  all  ordinances,  plans,  sufficient comprehensiveness and specificity to address the
       programs, and regulations proposed to be included in the
                v identified resource-use conflicts and are consistent with the
       program;
                                                                        goals of the SLCRMA, the objectives of the LCRP, and the
               vii. a resolution from the governing body of the parish  policies of the coastal use guidelines;
       expressing approval of the local program as submitted and its
                                                                                  iv. full opportunity has been provided for federal,
       intent to implement the submitted program subsequent to state
       intent to imaplement                                            the submittedprogrvalm subsequent tostatestate, local and municipal governmental bodies and the general
                                                                        public to participate in the development of the program
             g.  documentation that the parish has provided a full      pursuant to Subsection C.l.g above;
       opportunity for governmental and public involvement and
                                                                                  v. the local government has included within the
       coordination in the development of the local program. It must
       be shown that:                                                   program  all applicable  ordinances  and  regulatory  or
                                                                         management programs which affect the coastal zone; that these
                 i. at least one public hearing was held in the coastal  authorities are of sufficient scope and specificity to regulate
       zone on the total scope of the proposed program;                 uses of local concern; that the regulatory program meets all
                                                                         requirements for procedures and time frames established by the
                 ii. public notice of the availability of the draft
                                                                         SLCRMA and regulations of the department; that sufficient
       proposed program was given at least 30 days prior to the
                     proposed program was given at least 30 days prior to the  authority is provided to enforce the local program, including
       hearing. Copies of the program must have been available for
                                                                         provisions for those penalties provided by ï¿½214.36 of the
       distribution to relevant state, federal and local governmental
                                                                         SLCRMA, and that the program has met all substantive
       agencies, and the general public and were available for public
                                                                         requirements of the SLCRMA and the regulations adopted
       inspection at reasonable hours at all libraries within the parish,
       the offices of the police jury, and the city or town hall of all the
       municipalities in the coastal zone;                                    d.  in reviewing a local program for consistency with
                iii. full consideration  was  given  to comments        the state guidelines the secretary, acting jointly with the
                                                                         secretaries of the Department of Natural Resources and the
       received during program development and the public hearings.
                                                                         Department of Wildlife and Fisheries, may make reasonable
         D.  Program Approval                                           interpretations of the state guidelines, insofar as they affect that

       Louisiana Administrative Code               June 1996        42






                                                                  Chapter 7                                                   43:1.725

        particular program, which are necessary because of local          not approved, the provisions of the previously approved
          iitonmental condition or user practices. Local programs that   program shall remain in effect unless specifically rejected by
0        .ay be inconsistent in part with the state guidelines may be     the governing body of the parish.
        approved notwithstanding the conflicts if the secretaries find
                                                                           F.  Periodic Review of Programs
        that:
                                                                              1.  Local governments shall submit an annual report on
                  ra ics. the local environmental conditions and/or user 361 the activities of an approved local program. This annual report
        practices are justified in light of the goats of Act 361,                                            
        (SLCRMA) the objectives of the LCRP, and the policies of the      shall include:
        state guidelines;                                                       a.  the number, type, and characteristics of applications
                                                                         for coastal use and other permits;
                 ii. approval would result in only minimal  and
        inconsequential variance from the objectives and policies of            b.  the number, type, and characteristics of coastal use
        the act and the guidelines; and                                   and other permits granted, conditioned, denied, and withdrawn
                 iii. the local program provides special methods to              c.  the number, type, and characteristics of permits
        assure that the conflicts remain minimal and inconsequential;     appealed to the courts;
              e.  the local program shall become effective when                 d.  results of any appeals;
        approved by the secretary and officially adopted by the local
                                                                                e.  a record of all variances granted;
        government.
                                                                               f.  a record of any enforcement actions taken;
          E. Modifications
                                                                                g. a description of any problem areas within the state
            1.  Any significant proposed alteration or modification to
                                                                         or local program and proposed solutions to any such problems;
        an approved local program shall be submitted to the secretary
        for review and approval along with the following:                        h.  proposed changes in the state or local program.
              a.  a detailed description of the proposed change;              2.  The administrator shall from time to time, and at least
                                                                         every two years, review the approved local programs to
              b.  if appropriate, maps of sufficient scale and detail
                                .if grapheprogriatmas  wofsuf t se  cangd .  determine the extent to which the implementation of the local
      ' icting geographically how the program would be changed.
               /    C,                                                   program is consistent with and achieving the objectives of the
              c.  an explanation of how the proposed change would         state and local programs.
        better accommodate local conditions and better serve to
                                                                              3. Should the secretary determine that any part of the
        achieve the objectives of the state program and the local
                                                                         local program is not consistent with the state program or is not
                                                                         achieving its stated objectives or is not effective, he shall
              d.  a resolution from the local government expressing      notify the local government and recommend changes and
        approval of the modification as submitted and its intent to       modifications  which  will assure consistency  with, and
        implement the change subsequent to state approval;                achievement of, the objectives of the overall coastal program
                                                                         or improve the efficiency and effectiveness of the local
              e.  all parish ordinances relevant to the proposed         program.
        modification;
                                                                              4. If the local government fails to give official assurance
              f.  any comments from governmental units that may be
                                                                         within one month after receipt of the secretary's notice that it
        affected by the proposed modification;
                                                                         intends to modify the local program in a timely manner to
              g.  the record of the public hearing on the proposed       conform to these recommendations, or thereafter fails to make
        modification, including any written testimony or comments         the necessary changes within three months, the secretary may,
        received; and                                                     after public notice, revoke approval of the local program. In
              h.  documentation that the parish has provided a full      such an event the local government shall no longer have the
              h. documentation that the parish has provided a full
                                                                         authority to permit uses of local concern or otherwise carry out
        opportunity for governmental and public involvement in the
                                                                         the functions of an approved program and will lose eligibility
        development of the proposed modification.
                                                                         to receive management funds other than those funds
            2.  Significant alterations or modifications shall be         appropriate and necessary to make the necessary changes. If
        reviewed and approved pursuant to Subsection B, C, and D          and when the secretary determines that the local program has
        above. They must be consistent with the guidelines and the        been appropriately modified to meet his recommendations
        state program and meet all pertinent substantive and procedural   pursuant to Subsection B above, he may, after public notice,
        -rquirements.                                                     reinstate approval.
            3.  An alteration or modification shall become effective        G.  Funding of Local Programs
        when approved by the secretary and officially adopted by the
                                                                              1. All funds provided to local governments by the
        local government. If a proposed alteration or modification is
                                                                         department for program development or implementation shall

                                                                     43       Louisiana Administrative Code                 June 1996






43:1.725                                          NATURAL RESOURCES

be subject to the following:                                      program.
      a.  Any  state or federal funds provided to local                 b.  The administrator shall establish and modify, as
governments for development or implementation of approved         appropriate, a reasonable allocation formula utilizing objective
local program shall be by contract with the department. Any       criteria regarding the coastal zone of the parish, including:
such financial assistance shall be subject to these rules and any
applicable federal requirements.
      b.  Such financial assistance shall be on a matching                 ii. total surface area;
fund basis. The required local match shall be determined by                iii. wetland area;
the secretary.
                                                                          siv. number of permits; and
      c.  Eligibility of a local government for such financial
                                                                          v. length of interface between urban and agricultural
assistance shall be determined by the administrator pursuant to
these rules and the contractual requirements of the department.
                                                                       c. Each parish with an approved program shall be
      d.  Local programs shall receive an equitable share of            c.  Each parish         with an approved program shall be
                                                                 assured of a base level of funding, with additional funding
the total federal money received by the department from theed                      e        tion  f
Office of Coastal Zone Management for Section 306 [of                the              allocation  formula.    Any  unutilized
                                                                 implementation funds will be available, at the discretion of the
federal  Coastal  Zone  Management  Act,  as  amended]
                                           fedrl  Cnementact, end]  administrator, for use by other parishes for special planning,
implementation.
                                                                 implementation or management projects.
    2.  Planning and development assistance funding shall be
                                                        0ï¿½~ ~          d.  Implementation  funds  may  only  be  used  to
subject to the following:                                         implement the approved local program, carry out planning for
      a.  Funding for planning and development of local          or development of approvable alterations or modifications in
programs shall be available. The level of such funding shall be   the local program, and to update or revise the data base utilized
at the discretion of the administrator and as provided for        by the local program.
herein. A base level of funding will be made available to each
                                                                   H. Written Findings. All findings and determinations
parish in the coastal zone which does not have an approved.                      
                              parish. in.    the  c oal ze required by these rules shall be in writing and made part of the
--ogram. Any unutilized allocated funds will be available for     re
   by other parishes at the discretion of the administrator for
special planning and development projects.                          AUTHORITY NOTE:  Promulgated in accordance with R.S.
                                                                 49:214.30.
      b.  To be eligible to continue receiving planning and         HISTORICAL NOTE: Promulgated by the Department of Natural
development assistance, the local government must be making       Resources, Office of the Secretary, LR 6:493 (August 1980).
substantial progress toward finalization of an approvable local
program.                                                                      Subchapter E. Hearings
      c.  Planning and development funds may only be used        ï¿½727. Public Hearings
to plan for and develop those elements of a local program           A.  Scope.  This regulation is applicable to all public
required by Subsections B and C of these rules and the            hearings pursuant to the SLCRMA. All such public hearings
SLCRMA.                                                           shall be nonadjudicatory public proceedings conducted for the
      d.  Planning and  development  assistance will be          purpose of acquiring information or evidence which will be
provided by the department for two years from the date of         considered in evaluating a proposed action which affords to the
federal approval of the state program or until a parish receives  public the opportunity to present their views and opinions on
an approved local program, whichever is sooner.                   such action.
    3.  The department will make funds available to local           B.  Public Notice
governments for costs incurred in applying for approval from           1.  Public notice shall be given at least 30 days in
the Department, including printing and advertising, holding       advance of any public hearings. Notice shall be sent to all
required public hearings and making copies of the local           persons requesting notices of public hearings and shall be
program available to governmental bodies and the general          posted in all governmental bodies having an interest in the
public.                                                           subject matter of the hearing. Such notice may be limited in
    4.  Implementation assistance funding shall be subject to    area consistent with the nature of the hearing.
the following:                                                        2.  The notice shall contain the time, place, and nature of
      a.  Funding for implementation ofa local program shall     hearing; and the location of materials available for public
   available after approval of the local program by the          inspection.
department.   A  local program shall be eligible for such           C.  Time and Place. In fixing the time and place for a
assistance only so long as it continues to be an approved         hearing, due regard shall be had for the convenience and


Louisiana Administrative Code                June 1996        44






                                                          Chapter 7                                                    43:1.729

necessity of the interested public.                                considered in arriving at the decision or recommendation.
          D . Presiding Officer                                   Where a person other than the primary decision making official
                                                                 serves as presiding officer, such person shall submit a report
    1.  The governmental body holding the hearing shall           summarizing the testimony and evidence received at the
designate a staff member to serve as presiding officer. In cases   hearing  to  the  primary  decision  making  official  for
of unusual interest the administrator shall have the power to      consideration.
appoint such person as he deems appropriate to serve as the          AUTHORITY NOTE:  Promulgated in accordance with R.S.
presiding officer.                                                 49:214.30.
    2.  The presiding officer shall establish a hearing file         HISTORICAL NOTE: Promulgated by the Department of Natural
consisting of such material as may be relevant or pertinent to     Resources, Office of the Secretary, LR 6:493 (August 1980).
the subject matter of the hearing.  The hearing file shall be               Subchapter F.  Special Areas
available for public inspection.
                                                                 ï¿½729. Special Areas
  E.  Representation.  At the public hearing, any person may
appear on his own behalf, or may be represented by counsel or        A.  General.  This Section shall establish procedures forthe
by other representatives.                                          designation, utilization and management of special areas and
                                                                 for establishing guidelines and priorities of uses for each area.
  F. Conduct of Hearings
                                                                   B. Nominations
    1. Hearings shall be conducted by the presiding officer
in an orderly but expeditious manner.  Any person shall be              1.  An area may be nominated for designation as a special
permitted to submit oral or written statements concerning the      area by any person, local government, state agency, or the
subject matter of the appropriate decision. Written statements     secretary.
may be presented any time prior to the time the hearing file is        2.  Areas may be nominated for any of the purposes set
closed.  The presiding officer may afford participants an          forth in ï¿½214.27 of the act, or for similar purposes, provided
opportunity for rebuttal.                                          that such areas:
    2.  The presiding officer shall have discretion to establish         a.  are in the coastal zone;
reasonable limits upon the time allowed for statements of
  'nesses, for arguments of parties or their counsel or                  b.  have unique and valuable characteristics;
 -presentatives, and upon the number of rebuttals.                       c.  require special management procedures different
    3.  Cross-examinations  of  witnesses  shall  not  be          from the normal coastal management process; and
permitted.                                                               d.  are to be managed for a purpose of regional, state,
    4.  All public hearings shall be recorded verbatim.            or national importance.
Copies of the transcript will be available for public inspection       3.  Nominationsshall consistof:
and purchase at the office of the administrator.
                                                                        a. a statement regarding the area nominated, including,
    5.  All written statements, charts, tabulations, and similar  for example, its unique and valuable characteristics, its existing
data offered in evidence at the hearing shall, subject to          uses, the environmental setting, its history, and the surrounding
exclusion for reasons of redundancy, be received in evidence       area;
and shall constitute a part of the hearing file.
                                                                        b.   a statement of the reasons for the nomination, such
    6.  The hearing file shall remain open for a period of 10     as any problems needing correction, anticipated results, need
days after the close of the public hearing for submission of       for  special  management,  and  need  for  protection  or
written comments or other materials. This time period may be       development;
extended for good cause.
                                                                        c. a statement of the social, economic, and
    7.  In appropriate cases,joint public hearings may be held    environmental impacts of the nomination;
with other state, federal, or local agencies, provided the
procedures of those hearings are generally consistent with the            d.  a map showing the area nominated;
requirements of this regulation.                                          e.  a statement as to why the area nominated was
    8.  The procedures in Paragraphs 4 and 6 of this              delineated as proposed and not greater or lesser in size or not
Subsection may  be waived by the presiding officer in              in another location;
appropriate cases.                                                       f.  proposed   guidelines   and   procedures   for
   Y. Filing of Transcript of the Public Hearing.   The            management of the area, including priorities of uses;
  .imony and all evidence received at the public hearing shall               anexplanationofhowandwhytheproposed
be made part of the administrative record of the action. All       management program would achieve the desired results;
matters  discussed  at the public hearing shall be fully


                                                             45       Louisiana Administrative Code                  June 1996







43 :1.729                                           NATURAL RESOURCES

      h.  a statement as to how and why the designation of         libraries in affected parishes.   Notice and copies of the
   irea would be consistent with the state coastal management      proposals shall be sent to appropriate governmental bodies.
 prga4nVn   fete   oa   rgas   n                                        4.  After the public hearing and consideration of all
      i.  a statement as to why and how the designation            comments received at or before the hearings, the secretary shall
would be in the best interest of the state.                         determine whether to designate the area proposed, or a part of
  C.  Administrative Review                                         it or an approximately similar area, and adopt the guidelines
                                                                 and procedures for management and priorities of uses. Public
    1.  The  secretary  shall  review  proposals  for their        notice of the secretary's decision shall be given.
suitability and consistency with the coastal management               D.  Gubernatorial  Establishment.    The  governor  may
program.                                                            designate special areas and establish the guidelines and
    2.  If he finds that a proposal is suitable and consistent     procedures for management and priorities of uses applicable in
with the coastal management program, the secretary may, with        such areas.
the advice and assistance of affected local programs, prepare         E.  Establishment of Special Area. If the state coastal zone
a draft "Proposal for a Special Area. " The proposal shallprgahsnoyercivdfealprvltepcalra
consist of the delineation of the area to be designated, the        prga   a  o  e  ecie  eea  prvateseilae
                                                                 designation and its management program shall go into effect
guidelines and procedures for management, and priorities of         upnteodrfthgvro.Ifhecaalzepormhs
Uses. 
                                                                 been federally approved, the special area designation and its
    3.  Public notice announcing a public hearing on the           management program shall go into effect after federal approval
proposal shall be given and published in a newspaper of             of the special area as an element or amendment of the state's
general circulation in the affected parishes.  Copies of the        coastal zone program.
proposal may be obtained from the secretary upon request and          AUTHORITY  NOTE:  Promulgated in accordance with R.S.
copies shall be made available for public review at the offices     49:214.30.
of the secretary, offices of local pro-rams, and at public            HISTORICAL NOTE: Promulgated by the Department of Natural
                                                                 Resources, Office of the Secretary, LR 6:493 (August 1980).





































Louisiana Administrative Code                 June 1996         46


























           APPENDIX B
R.S.49:214.21 SUBPART C











R.S.  49:214.4                                REVISED STATUTES                                                 350

  C.  The secretary may:                                     (1) To protect. develop, and. where feasible. restore
  (I) Enter into cost sharing agreements with the    or enhance the resources of the state's coastal zone.
federal government. with local governments, or with          (2)(a) To assure that, to the maximum extent feasi-
private entities to implement coastal vegetated wet-    ble. constitutional and statutory authorities affecting
lands conservation and restoration projects.               uses of the coastal zone should be included within the
  () Acquire by purchase, donation, or otherwise any       Louisiana  Coastal  Management  Program  and  that
land needed for wetlands and coastal restoration or    guidelines and regulations- adopted pursuant thereto
conservation projects and other property required for    shall not be interpreted to allow expansion of govern-
the operation of the projects that are to be owned and     mental authority beyond those laws.
operated by the office or political subdivision of the        (b) To express certain regulatory and non-regulatory
state;  provided, that any property acquired for any    policies for the coastal zone management program.
project shall reserve the minerals to the landowners,      Regulatory policies are to form a basis for administra-
whether private or public, in accordance with the provi-    tive decisions to approve or disapprove activities only
sions of R.S. 31:149.                                      to the extent that such policies are contained in the
  (3) Develop procedures to evaluate new and im-    statutes of this state or regulations duly adopted and
proved coastal restoration and preservation technolo-    promulgated pursuant thereto. They are to be applica-
gies.                                                      ble to each governmental body only to the extent each
                                                        governmental body has jurisdiction and authority to
  (4) Perform pre-construction and post-construction    enforce such policies.  Other policies are nonregulato-
monitoring of projects that will be implemented or    ry. They are included in the Coastal Zone Manage-
have been implemented by the office.                       ment Plan to help set out priorities in administrative
  (5) Coordinate coastal restoration efforts with local    decisions and to inform the public and decision makers
governments, interest groups, end the public.              of a coherent state framework, but such policies are
  (6) Develop.  implement, operate, maintain,  and    not binding on private parties.
monitor coastal restoration plans and projects.               (3) To support and encourage multiple use of coast-
  (7) Take any other action necessary to administer    al resources consistent with the maintenance and en-
the program.                                               hancement of renewable resource management and
                                                         productivity, the need to provide for adequate econom-
  (8) Develop guidelines for cost-sharing agreements    ic growth and development and the minimization of
with public and private entities undertaking approved    adverse effects of one resource use upon another, and
coastal restoration projects.                              without imposing any undue restriction on any user.
Added by Acts 1989, 2nd Ex.Sess., No. 6, ï¿½ 3, eff. July
14, 1989.  Amended by Acts 1990, NIo. 661, ï¿½ 1; Acts         (4) To employ procedures and practices that resolve
1990, No. 936, ï¿½ 1.                                        conflicts among competing uses within the coastal zone
                                                         in accordance with the purpose of this Subpart and
ï¿½ 214.5.  Legislative oversight                            simplify administrative procedures.
                                                           (5) To develop and implement a coastal resources
  Any rule, regulation, or guideline developed pursu-        (5) To develop and implement a coastal resources
ant to this Subpart shall be proposed or adopted           management program which is based on consideration
                                                         of our resources, the environment, the needs of the
pursuant to the rulemaking procedures set forth in the
pu rsuant to the rulemaking procedure s set forth in the    people of the state, the nation, and of state and local
Administrative Procedure Act.government.
Added by Acts 1989, 2nd Ex.Sess., No. 6, ï¿½ 3, eff. July
14, 1989.                                                    (6) To enhance opportunities for the use and enjoy-
                                                         ment of the recreational values of the coastal zone.
  SUBPART C.  LOUISIANA COASTAL ZONE                         (7) To develop and implement  a reasonable and
           MANAGEMENT PROGRAM                             equitable coastal resources management program with
                                                         sufficient expertise, technical proficiency, and legal au-
ï¿½ 214.21.  Short title                                     thority to enable Louisiana to determine the future
                                                         course of development and conservation of the coastal
  This Subpart shall be known and may be cited as the    zone and to ensure that state and local governments
State and Local Coastal Resources Management Act of    have the primary authority for managing coastal re-
1978.                                                      sources.
R.S. 49:213.1. Acts 1978, No. 361, ï¿½ 1, eff. Jan. 1, 1979.  R.S. 49:213.2.  Acts 1978, No. 361, ï¿½ 1, eff. Jan. 1,
Redesignated as R.S. 49:214.21  by Acts 1989, 2nd           1979.  Redesignated as R.S. 49:214.22 by Acts 1989,
Ex.Sess., No. 6, ï¿½ 7, eff. July 14, 1989.                  2nd Ex.Sess., No. 6, ï¿½ 7, eff. July 14, 1989.

ï¿½ 214.22.  Declaration of public policy                    ï¿½ 214.23.  Definitions
  The legislature declares that it is the public policy of    (1) "Alternative access" shall mean methods of gain-
the state:                                                  ing access, ingress and egress, other than by the dredg-











351                                        STATE ADMINISTRATION                                 R.S. 49:214.24

i:ng of canals into the wetlands for drilling, servicing,    permit or approval required or established pursuant to
vwoi.k over, or any other production of minerals activity.    any other constitutional provision or statute.
  (2),"Alternative access vehicle" shall mean any hov-    R.S. 49:213.3.  Acts 1978, No. 361, ï¿½ 1, eff. Jan. 1.
er craft, helicopter, air cushion vehicle, or any other    1979. Amended by Acts 1983, No. 705, ï¿½ 4, eff. Sept.
vehicle which does not require dredging.                    1, 1983; Acts 1984, No. 408, ï¿½ 1, eff. July 6, 1984;
                                                         Acts 1987, No. 497, ï¿½ 1, eff. July 9, 1987. Redesignat-
  (3) "Coastal waters" shall mean bays, lakes, inlets,    ed as R.S. 49:214.23 by Acts 1989, 2nd Ex.Sess., No. 6,
estuaries, rivers, bayous, and other bodies of water    ï¿½ 7, eff. July 14, 1989.
within the boundaries of the coastal zone which have
measurable seawater content (under normal weather           ï¿½ 214.24.  Coastal zone boundary
conditions over a period of years).
                                                           A.  The seaward boundary of the coastal zone of
  (4) "Coastal Zone" shall mean the coastal waters    Louisiana shall be the seaward limit of the state of
and adjacent shorelands within the boundaries of the    Louisiana as determined by law.
coastal zone established in R.S. 49:214.24, which are         B.  The interstate boundaries of the coastal zone
strongly influenced by each other, and in proximity to    shall be the boundary separating Louisiana from Texas
the shorelines, and uses of which have a direct and        on the west and the boundary separating Louisiana
significant impact on coastal waters.                       from Mississippi on the east, as each is determined by
  (5) "Local government" shall mean the governmen-         law.
tal body having general jurisdiction and operating at         C.  The inland boundary of the coastal zone shall
the parish level.                                           generally be a line beginning at the intersection of the
                                                         , northern line of the Intracoastal Canal and the Louisi-
  (6) "Person" shall mean any individual, partnership,
association, trust, corporation, public agency or author-  ana/.exas boundary, thence proceeding easterly along
                ciat t, corp i, ps obloc agoency or author the northern bank of the Intracoastal Canal to High-
                                                         way 82, thence northeasterly along Highway 82 to
  (7) "Secretary" shall mean the secretary of the De-    Highway 690, thence easterly along Highway 690 to
partment of Natural Resources or his designee.              Highway 330, thence northeasterly along Highway 330
  (8) "Use" shall mean any use or activity within the    to Highway 14, thence easterly along Highway 14 to
coastal zone which has a direct and significant impact    Highway 90, thence southeasterly along Highway 90 to
on coastal waters.                                          Highway 85, thence northeasterly along Highway 85 to
                                                         Highway 90, thence easterly along Highway 90 to the
  (9) "Fastlands" are lands surrounded by publicly    intersection of Highway 90 and the East Atchafalaya
owned, maintained, or otherwise validly existing levees,    Basin Protection Levee thence northerly along the East
or natural formations, as of the effective date of this    Atchafalaya Basin Protection Levee to the intersection
Subpart or as may be lawfully constructed in the future,    of the boundary which separates the parishes of St.
which levees or natural formations would normally    Martin and Iberia, thence easterly along the boundary
prevent activities, not to include the pumping of water    separating Iberia Parish from St. Martin Parish, to the
for drainage purposes, within the surrounded  area    intersection of the St. Martin Parish boundary with the
from having direct and significant impacts on coastal    boundary separating St. Martin Parish from Assump-
waters.                                                     tion Parish, thence southerly along the boundary sepa-
                                                         rating St. Martin Parish from Assumption Parish to the
  (10) "Guidelines" means those rules and regulations      intersection of the boundary with the northern shore of
adopted pursuant to R.S. 49:214.27.                         Lake Palourde, thence westerly along the northern
  (11) "Public hearing", wherever required  in this    shore of Lake Palourde to the intersection of the shore
Subpart, shall mean a hearing announced to the public    with the northern boundary of the city of Morgan City,
at least 30 days in advance, and at which all interested    thence following the boundary of the corporate limits
persons shall be afforded a reasonable opportunity to    of the city of Morgan City to where it intersects with
submit data, views. or arguments. orally or in writing.    the northern bank of the Gulf Intracoastal Waterway,
At the time of the announcement of the public hearing    thence along the northern bank of the Gulf Intracoas-
all materials pertinent to the hearing. including docu-    tal Waterway to the vicinity of the Bayou du Large
ments. studies. and other data. in the possession of the    Ridge. thence proceeding southerly along the western
party calling the hearing. must be made available to the    edge of the Bayou du Large Ridge to the intersection
public for review and study.  As similar materials are    of the Falgout Canal, thence proceeding easterly along
subsequently developed. thec  shall be made available    the north bank of the Falgout Canal to the eastern
to the public as they become available to the par'    edge of the Bayou du Large Ridge. thence proceeding
which conducted the hearing,                                northerly along the eastern edge of the Bayou du
                                                         Large Ridge to the vicinity of Crozier. thence proceed-
  (12) "Coastal use permit" shall mean the permits    ing easterly to the western edge of the Grand Caillou
required by R.S. 49:214.30 of this Subpart and shall not    Ridge. thence proceeding southerly along the western
mean or refer to. and shall be in addition to. any other    edge of the Grand Caillou Ridge to the vicinity of










R.S.  49:214.24                               REVISED STATUTES                                                 352

Dulac, thence proceeding easterly to the eastern edge      rating St. James Parish and Ascension Parish. thence
of the Grand Caillou Ridge. thence proceeding north-    proceeding northerly and easterly along said boundary
crl' along the eastern edge of the Grand Caillou Ridge    to a point of intersection with the houndar;v lcparating
to the northern bank of the St. Louis Canal. thence        Ascension  Parish and St. John the  Baptist  Parish,
proceeding easterly along the northern bank of the St.    thence proceeding northerly along said boundary to a
Louis Canal to the western edge of the Petit Caillou    point of intersection with the boundary separatng As-
Ridge, thence proceeding southerly along the western    cension Parish and Livingston Parish, thence proceed-
edge of the Petit Caillou  Ridge to the vicinity of    ing northwesterly along said boundary to a point of
Chauvin. thence proceeding casterly to Highway 55.    intersection with the boundary scparating Livingston
thence proceeding northerly along Highway 55 to its    Parish and East Baton Rouge Parish, thence proceed-
intersection with Highway 665, thence easterly along    ing northwesterly along said boundary to a point of
Highway 665 to Bayou Pointe au Chien, thence north-    intersection with Interstate Highway 12 thence, pro-
erly along Bayou Pointe au Chien to Highway 55,    ceeding easterly along Interstate Highway 12 to a point
thence northerly along Highway 55 to Highway 24,    of intersection with Interstate Highway 10, thence pro-
thence easterly along Highway 24 to Highway 308,    ceeding easterly along Interstate Highway 10 to a point
              thence northerly along Highway 308 to a point o f   intersection with the boundary separating Louisiana
intersection with the northern bank of the Gulf Intra-       d Mississippi
coastal  Waterway,  thence  northeasterly  along  the
northern bank of the Gulf Intracoastal Waterway to a          D.  The secretary shall adopt a fully delineated
point of intersection with  Canal Tisamond  Foret,    inland boundary in accordance with the provisions of
thence proceeding northeasterly along the northern    Subsection C, which boundary shall not depart appreci-
bank of the Canal Tisamond Foret to a point of    ably from the boundary delineated therein.  The secre-
intersection with a line one hundred yards inland from    tary shall be authorized to amend the boundary as may
the mean high tide line of Lake Salvador, thence    be appropriate to follow the corporate limits of any
proceeding northerly along the line one hundred yards    municipality divided by the boundary.  The boundary,
inland from the mean high tide of Lake Salvador to a    as adopted, shall be clearly marked on large scale maps
point of intersection with a line one hundred yards    or charts, official copies of which shall be available for
from the mean high water line of Bayou Des Alle-    public inspection in the offices of the coastal manage-
mands. thence proceeding northwesterly along the line    ment program of the Department of Natural Resources
one hundred yards inland from the western mean high    and each local government in the coastal zone.
water line of Bayou Des Allemands and the Petit Lac    R.S. 49:213.4.  Acts 1978, No. 361, ï¿½ 1, eff. Jan. 1,
Des Allemands to a point of intersection with the    1979.  Amended by Acts 1979, No. 665, ï¿½ 1, eff. July
boundary separating Wards 7 and 8 of Lafourche             18, 1979; Acts 1980, No. 396, ï¿½ 1; Acts 1983, No. 705,
Parish, thence proceeding southwesterly along said    ï¿½ 4, eff. Sept. 1, 1983.  Redesignated as R.S. 49:214.24
boundary to a point of intersection with the Midway        by Acts 1989, 2nd Ex.Sess., No. 6, ï¿½ 7, eff. July 14,
Canal, thence proceeding northwesterly along the Mid-    1989.
way Canal, and in a northwesterly straight line prolon-
gation of said canal, to a point of intersection with U.S.  ï¿½ 214.25.  lypes of uses
Highway 90, thence proceeding northeasterly along
U.S. Highway 90 to a point of intersection with the line     A.  Uses of the coastal zone subject to the coastal
one hundred yards from the western mean high water    use permitting program shall be of two types:
line of Baie Des Deux Chenes, thence proceeding               (1) Uses of state concern: Those uses which directly
northwesterly along said line one hundred yards from    and significantly affect coastal waters and which are in
the western mean high water line of Baie Des Deux          need of coastal management and which have impacts
Chenes to a point of intersection with the line one        of greater than local significance or which significantly
hundred yards from the mean high water line of Lac    affect interests of regional, state, or national concern.
Des Allemands, thence proceeding westerly along said    Uses of state concern shall include, but not be limited
line to a point of intersection with a line one hundred    to:
yards from the mean high water line of Bayou Boeuf,           (a) Any dredge or fill activity which intersects with
thence proceeding southerly along the line of one    more than one water body.
hundred yards from the mean high water line of Bayou
Boeuf to a point of intersection with Highway 307,           (b) Projects involving use of state owned lands or
thence proceeding westerly along Highway 307 to a    water bottoms.
point of intersection with Highway 20, thence proceed-        (c) State publicly funded projects.
ing northerly along Highway 20 to a point of intersec-       (d) National interest projects.
tion with the boundary separating St. James parish and
Lafourche Parish, thence proceeding westerly along           (e) Projects occurring in more than one parish
said boundary to a point of intersection with the            (f) All mineral activities, including exploration for,
boundary separating St. James Parish and Assumption        and production of, oil, gas, and other minerals, all
Parish, thence proceeding northerly along said bound-    dredge and fill uses associated therewith, and all other
ary to a point of intersection with the boundary sepa-    associated uses.











353                                         STATE ADMINISTRATION                                  R.S.  49:214.27

  (g) All pipelines for the gathering, transportation or    within the coastal zone is considered a use subject to a
transmission of oil, gas and other minerals.                 coastal use permit under this Subpart.
  (h) Energy facility siting and development.                  F.  All uses and activities within the coastal zone
  (i) Uses of local concern which may significantly    are permissible, except as subject to the permitting
affect interests of regional, state or national concern.    requirements of this Subpart.
  (2) Uses of local concern: Those uses which directly    R.S. 49:213.5.  Acts 1978, No. 361, ï¿½ 1, eff. Jan. 1,
and significantly affect coastal waters and are in need      1979. Amended by Acts 1983, No. 705,   4, eff. Sept.
of coastal management but are not uses of state con-            1983. Redesignated as R.S. 49:214.25 by Acts 1989
cern and which should be regulated primarily at the    2nd Ex.Sess., No. 6, ï¿½ 7, eff. July 14, 1989.
local level if the local government has an approved          ï¿½ 214.26.  Coastal management  program;  adminis-
program.  Uses of local concern shall include, but not                     tration
be limited to:
  (a) Privately funded projects which are not uses of          A.  (1) A  coastal management program is hereby
state concern.                                               established within the Department of Natural Re-
                                                          sources. The secretary or his designee shall administer
  (b) Publicly funded projects which are not uses of    the coastal management program.
state concern.
                                                             (2) The secretary is authorized to employ such addi-
  (c) Maintenance of uses of local concern.                 tional staffing as may be necessary to carry out the
  (d) Jetties or breakwaters.                               coastal management program.
  (e) Dredge or fill projects not intersecting more            B.  The secretary may authorize his designee to
than one water body.                                         administer the program and/or:
  (f) Bulkheads.                                               (1) Receive, evaluate, and make recommendations
  (g) Piers.                                                to the secretary concerning applications for coastal
  (h) Camps and cattlewallks.                               uses permits.
     M(i) Maintenance dredging.                               (2) Conduct or cause to be conducted investigations,
                                                          studies, planning, and research.
  (j) Private water control structures of less than $15,-      (3) Systematically monitor and conduct surveillance
  (k) Uses000  in co st.       domes, or similar land    of permitted uses to ensure that conditions of coastal
  (k) Uses on cheniers, salt domes, or similar land    use permits are satisfied.
forms.                                                         (4) Coordinate closely with the secretary and local,
  B.  Subject to the provisions of this Subpart, the    state, regional, and federal agencies with respect to
delineation of uses of state or local concern shall not    coastal management.
be construed to prevent the state or local governments         (5) Make recommendations to the secretary relative
from otherwise regulating or issuing permits for either    to appropriate enforcement measures for violations of
class of use pursuant to another law.                        this Subpart and measures to obtain civil relief, as
  C.  The secretaries of the Departments of Natural    provided by R.S. 49:214.36(D).
Resources and Wildlife and Fisheries are authorized to         (6) Provide advice and technical assistance to the
jointly develop for adoption by the secretary, after    secretary and local governments.
notice and public hearing, rules for the further delinea-
tion of the types of uses that have a direct and               (7) Conduct such activities or make such decisions
significant impact on coastal waters and that demon-         as may be delegated or authorized by the secretary
strate a need for coastal management, the classification       C.  The secretary shall make decisions on applica-
of uses not listed herein, and for the modification and    tions for coastal use permits and may establish condi-
change of the classifications of uses, provided that no      tions on the granting of coastal use permits.
changes shall be made in the classifications of the uses       D.  The secretary is further authorized to carry out
listed in Subsection A.                                      those duties delegated to his designee by Subsection B
  D.  In order for the state to exercise all or part of    of this Section.
the federal government's authority for the issuance of    R.S. 49:213.6.  Acts 1978, No. 361, ï¿½ 1. eff. Jan. 1.
permits for discharges of dredged or fill material within    1979. Amended by Acts 1983, No. 705. ï¿½ 4, cff. Sept.
the coastal zone, the secretary is authorized to adopt       1, 1983; Acts 1984, No. 408, ï¿½ I. eff. July 6. 1984.
necessary and appropriate rules, consistent with the         Redesignated  as R.S. 49:214.26 by Acts  1989. 2nd
other provisions of this statute, for the regulation of    Ex.Sess.. No. 6, ï¿½ 7. eff. July 14, 1989.
discharges of dredged or fill material into waters in the
coastal zone subject to Section 404 regulation by the        ï¿½ 214.27.  Coastal management  programs:  develop-
Corps of Engineers.                                                        ment; guidelines
  E.  When only part of a use lies within the coastal          A.  The secretary shall develop the overall state
zone,. only that portion of the use which is located         coastal management program consisting of all applica-











R.S.  49:214.27                               REXISED STATUTES                                                 354

blc constitutional provisions, laws and regulations of        (6) Pros;de for adequate corridors within the coastal
this state which affect the coastal zone in accordance      zone for transportation. industrialization. or urbaniza-
with the provisions of this Subpart and shall include    tion and encouraging the location of such corridors in
within the program such other applicable constitutional    already developed or disturbed area' %hen feasible or
or statutory provisions or other regulatory or manage-    practicable.
ment programs or activities as may be necessary to            (7) Reduce governmental red tape and costly delavs
achieve the purposes of this Subpart or necessary to    and ensure more predictable decisions on permit appli-
implement the guidelines hereinafter set forth.            cations.
  B.  (1) The secrtaty shall develop a management           (8) Encourage such multiple uses of the coastal zone
program and guidelines in conjunction with the secre-              consistent with the purposes of this Subpart.
tary of the Department of Wildlife and Fisheries or his
designee.  Notice of the issuance of the proposed             (9) Minimize detrimental effects of foreseeable cu-
guidelines shall be given to relevant federal, state, and   mulative impacts on coastal resources from proposed
local governmental bodies and the general public, and    or authorized uses.
public hearings shall be held.  After consideration of        (10) Provide ways to enhance opportunities for the
comments received. the secretary shall adopt the guide-    use and enjoyment of the recreational values of the
lines in final form.                                        coastal zone.
   (2) The adopted guidelines shall be followed in the        (11) Require the consideration of available scientific
development of the state program and local programs    understanding of natural systems, available engineering
and shall serve as criteria for the granting, condition-    technology and economics in the development of man-
ing. denying, revoking, or modifying of coastal use    agement programs.
 permits. The secretary, jointly with the secretary of
 the Department of Wildlife and Fisheries or his desig-        (12) Establish procedures and criteria to ensure that
 nee, shall review the guidelines at least once each year    appropriate consideration is given to uses of regional,
 to consider modifications to the guidelines as a result    state, or national importance, energy facility siting and
 of experience in issuing coastal use permits and results    the national interests in coastal resources.
 of research and planning activities.                          D.  (1) In the development and implementation of
   C.  The state guidelines shall have the following    the overall coastal management program, the secretary
 goals:                                                      shall conduct a public education program to inform the
   (1) To encourage full use of coastal resources while    people of the state of the provisions of this Subpart
 recognizing it is in the public interest of the people of    and the rules and regulations adopted pursuant hereto,
 Louisiana to establish a proper balance between devel-    and participation and comments by federal, state, and
 Lopment and conservation.                        devel-     local governmental bodies, including port authorities,
                                                            levee boards, regional organizations, planning bodies,
   (2) Recognize that some areas of the coastal zone        municipalities and public corporations, and the general
 are more suited for development than other areas and        public shall be invited and encouraged.
 hence use guidelines which may differ for the same
 uses in different areas.                                      (2) All governmental bodies may participate to en-
                                                            sure that their interests are fully considered.
    (3) Require careful consideration of the impacts of
 uses on water flow, circulation, quantity, and quality        E.  (1) The secretary shall issue a request for pro-
 and require that the discharge or release of any pollu-    posals to all major manufacturers of alternative access
 tant or toxic material into the water or air of the    vehicles and all major oil producers, and shall accept
 coastal zone be within all applicable limits established    from any interested party proposals to physically dem-
 by law, or by federal, state, or local regulatory authori-    onstrate methods which are technically and economi-
  ty.                                                        cally feasible as well as environmentally sound to gain
    (4) Recognize the value of special features of the    alternative access to the wetlands for the purpose of oil
  coastal zone such as barrier islands, fishery nursery    and gas operations in lieu of the need for dredging.
  grounds, recreation areas, ports and other areas where        (2) The secretary shall complete the demonstration
  developments and facilities are dependent upon the    project at no cost to the state and report his findings
  utilization of or access to coastal waters, and areas    on the technical and economic feasibility of alternative
  particularly suited for industrial, commercial, or resi-    access to the committees on natural resources of the
  dential development and manage those areas so as to    Senate and House of Representatives by March  1,
  enhance their value to the people of Louisiana.             1988.
    (5) Minimize, whenever feasible and practical, detri-    R.S. 49:213.8.  Acts 1978, No. 361, ï¿½ 1, eff. Jan. 1,
  mental impacts on natural areas and wildlife habitat    1979.  Amended by Acts 1983, No. 705. ï¿½ 4, eff.*Sept.
  and fisheries by such means as encouraging minimum          1, 1983; Acts 1984, No. 408, ï¿½ 1, eff. July 6, 1984;
  change of natural systems and by multiple use of    Acts 1987, No. 497, ï¿½ 1, eff. July 9, 1987.  Redesignat-
  existing canals, directional drilling, and other practical    ed as R.S. 49:214.27 by Acts 1989, 2nd Ex.Sess.. No. 6,
  techniques.                                                 ï¿½ 7, eff. July 14, 1989;  Acts  1991, No. 640, ï¿½ 1.










355                                         STATE ADMINISTRATION                                   R.S.  49:214.28

ï¿½ 214.28.  Local coastal management programs                    (5) Local programs shall be submitted to the secre-
                                                          tary for review and may be submitted after promul-
                                                          gation of the state guidelines and the rules adopted
management programs in accordance with the provi-    pursuant to this Section.
sions'of this Section.
  B.  The secretary shall adopt, after notice and pub-         D.  In approving a local program, the secretary,
lic hearing, rules and procedures for the development,       acting jointly with the secretary of the Department of
approvalrn, modifcation, and  periodic review of loca        Wildlife and Fisheries or his designee, may make rea-
roastal  managemen t  programs.  Such rules and proce-    sonable interpretations of the state guidelines insofar
dures may subsequently be amended by the secretary.    as they affect that particular local program, which are
                                                          necessary because of local environmental conditions or
  C.  The rules and procedures adopted pursuant to    user practices.  The secretary may otherwise provide
this Section shall be consistent with the state guidelines    for the requirements for approval of local programs.
and shall provide particularly, but not exclusively, that:
                                                            E.  Within ninety days after receipt of a proposed
  (1) Local  governments,  in developing  local pro-    local program, the secretary shall either approve the
grams, shall afford full opportunity for municipalities,    program or notify the local government of the specific
state and local government bodies, and the general    changes which must be made in order for it to be
public to participate in the development and imple-           approved.  Before making his decision the secretary
                                                          shall consider each proposed local program, the com-
  (2) A  public hearing to receive comments  on a    ments received from other agencies, interested persons
proposed local program shall be held in the area to be        and the public hearing, the state guidelines and the
subject to the program by the local government pro-    rules adopted pursuant to this Section.  A  local pro-
posing the program or its duly appointed local commit-        gram may be resubmitted, or amended following the
tee.                                                         same procedures outlined herein.
  (3) A  local program developed under this Section            F.  A  local government or any other persons ad-
shall be consistent with the state guidelines and with    versely affected by a decision of the secretary pursuant
the policies and objectives of this Subpart and shall    to R.S. 49:214.28(E) may appeal the decision in accor-
particularly, but not exclusively, consist of:                dance with R.S. 49:214.35.
  (a) A description of the natural resources and the
natural resource users of the coastal zone area within          G.  No local coastal program shall become effectie
the parish, the social and economic needs within .ar ï¿½    until it has been approved by the secretary.  Once
ulthe pareas of the coastal and econe omic neeth  parish,     approved, a local program shall be available for public
ular areas of the coastal zone of the parish, and the         * a
general order or priority in which those needs which            spection at               the local governmcnt and of
directly and significantly affect coastal waters should be    the coastal management program.
met within the coastal zone of the parish.                      H.  Once a local program is approved by the secre-
  (b) Procedures to be used by the local government          tary:
to regulate uses of local concern.                              (1) Uses of local concern within the parish's coastal
  (c) Special procedures and methods for considering    zone must be consistent with the local program and
uses within special areas, uses of greater than local    shall be subject to the issuance of coastal use permits
benefit, and uses affecting the state and national inter-    by the local government.
est.                                                            (2) The local program may be altered or modified
  (4) Each local government preparing a local pro-    only with approval of the secretary pursuant to the
gram under this Section may appoint a coastal advisory    procedures provided for approval of local program.
committee, hereinafter called "local committee".  The           (3) The  local program, its procedures and imple-
local committee  shall be composed of a reasonable            mentation shall be subject to periodic review by the
number  of persons who  represent users of coastal    secretary to ensure continued consistency with the state
resources  and  shall include representation of users         program, guidelines, and with the policies and purpose
concerned with conservation and preservation of re-    of this Subpart.  The secretary shall require the modi-
newable coastal resources and users concerned with    fication of the local program or its procedures Schcn
development  of resources for commercial  purposes.           necessary to ensure such consistency pursuant to the
The local committee shall assist local government in
the devcloupment and implementation of a local pro-           procCdures provided for approval of a loc;al program.
gram and in the development of special management               I.  The secretary is authorized to enter into con-
programi  affccting special areas.  The local committee      tracts with local governments to provide financial .,isis-
ma! report progress or problems in the implementation         tance on a matching fund basis to aid the developmnent
of the state and local programs and may convey ideas          and implementation of approved local programs under
and  suggestions to the local governments  and  the    this Subpart.  The secretary shall develop rules and
secretary.                                                    procedures  after notice and  public  hearing. under











R.S. 49:214.28                                  REVISED STATUTES                                                     356

which local goverments may qualify for such assis-             the state. and  he shall include  the projected costs
tance.                                                         thereof and the order of priority.
R.S. 49:213.9.  Acts 1978. No. 361. ï¿½ I. eff. Jan. 1.            G.  The secretary shall develop an indexing systcm
1979.  Amended by  Acts 1979. No. 613. ï¿½ 1. eff. July         whereby those wetland. coastline. and barrier island
18. 1979; Acts 1983. No. 705. ï¿½ 4, eff. Sept. 1. 1983;         areas which are undergoing rapid change or are other-
Acts 1984, No. 408. ï¿½ 1, eff. July 6, 1984.  Redesignat-    wise considered critical shall be identified:  and the
ed as R.S. 49:214.2S by Acts 1989, 2lnd E:x.Sess.. No. 6,    secretary shall also undertake a pilot program to create
ï¿½ 7. eff. July 14. 1989.                                       one or more artificial barrier islands in order to deter-
                                                            mine the effectiven:ss of such islands in controlling
ï¿½ 214.29.  Special areas, projects, and programs               shoreline erosion.
  A.  Special areas are areas within the coastal zone            H.  The  governor may, upon  recommendation  by
which have unique and valuable characteristics requir.         the secretary and after consultation with the attorney
ing  special  management procedures.   Special  areas          general as to any adverse impact on the coastline, enter
may include important geological formations, such as    into agreements with the United States regarding the
beaches, barrier islands, shell deposits, salt domes, or    construction, maintenance, and operation of projects
formations containing deposits of oil, gas or other            along the coastline and in the Gulf of Mexico.  The
minerals;  historical or archaeological sites; corridors       agreements may provide that such projects shall not
for  transportation,  industrialization  or  urbanization;     affect the location of the shoreline or boundaries of the
areas subject to flooding, subsidence, salt water intru-    state.
sion or the like; unique, scarce, fragile, vulnerable,         R.S. 49:213.10.  Acts 1978, No. 361, ï¿½ 1, eff. Jan. 1,
highly productive  or essential habitat for living re-         1979.  Amended  by Acts 1978, No. 777, ï¿½ 1; Acts
sources;  ports or other developments or facilities de- 1979, No. 561, ï¿½ 1; Acts 1979, No. 574, ï¿½ 1; Acts
pendent  upon  access  to wateo;  recreational  areas;         1979, No. 613, ï¿½ 1, eff. July 18, 1979; Acts 1983, No.
freshwater storage areas; and such other areas as may          591, ï¿½ 2, eff. July 14, 1983; Acts 1984, No. 408, ï¿½ 1,
be determined pursuant to this Section.                        eff. July 6, 1984.  Redesignated as R.S. 49:214.29 by
   B.  The secretary shall adopt, after notice and pub-        Acts 1989, 2nd Ex.Sess., No. 6, ï¿½ 7, eff. July 14, 1989.
lic hearing, rules for the identification, designation, and      116 U.S.C.A. ï¿½ 1451 et seq.
utilization of special areas and for the establishing of       ï¿½ 214.30.  Coastal use permits
guidelines or priorities of uses in each area.
                                                               A. No person shall commence a use of state or
   C.  Those areas and facilities subject to the jurisdic-    local concern without first applying for and receiving a
 tion of the Offshore Terminal Authority are deemed to    coastal use permit.  Decisions on coastal use permit
 be special areas.  The environmental protection plan           applications shall be made by the secretary, except that
 required by R.S. 34:3113 shall constitute the manage-          the local government shall make  coastal use permit
 ment guidelines for this special area and shall continue       decisions as to uses of local concern in areas where an
 to be administered and enforced by the Offshore Ter-           approved local program is in effect.  Conditions set
 minal Authority or its successor in accordance with the        forth in a coastal use permit shall supersede any and all
 policies and objectives of the state program.                  variances or exceptions granted by the commissioner of
   D.  The secretary shall have the authority to set           conservation in accordance with R.S. 30:4(E)(1) for
 priorities, consistent with this Subpart, for funding          activities within the coastal zone as defined by R.S.
 available under Section 308 of the Federal Coastal             49:214.24.
 Zone Management Act (PL 92-583 as amended by PL                  B.  Within one hundred twenty days after the effec-
 94-370).'                                                      tive date of this Subpart, the secretary shall adopt,
   E.  The secretary is authorized to assist approved          after notice and public hearing, rules and procedures
 local programs and state and local agencies carrying           consistent with this Subpart for both the state coastal
 out projects consistent with the guidelines, related to        management  program  and  approved  local programs
 the management, development, preservation, or resto-           regarding the form and information requirements for
 ration of specific sites in the coastal zone or to the         coastal use permit applications, the coastal use permit
 development  of greater use and  enjoyment  of the             review process, public notice and public comments,
 resources of the coastal zone by financial, technical, or    criteria and guidelines for decision making, appeals
 other means, including aid in obtaining federal funds.         and emergency activities.
   F.  Notwithstanding any law, order, or regulation to           C.  The rules promulgated pursuant to this Section
 the contrary, the secretary shall prepare a freshwater         shall, among other things, provide that:
 diversion plan for the state in order to reserve or offset       (1) Coastal use permit applications shall be submit-
 land loss and salt water encroachment in Louisiana's    ted to the secretary, except that applications for u*s in
 coastal wetlands.  As part of this plan the secretary          areas subject to an approved local program may in-
 shall prepare specific recommendations  as to those            stead be submitted to the local government.  Local
 locations which are most in need of freshwater diverted        governments with an approved program to whom ap-
 from the Mississippi River and other water bodies of           plications are submitted shall make the initial determi-











357                                          STATE ADMINISTRATION                                   R.S.  49:214.30

nation, subject to review by the secretary with a right of    government comments shall be given substantial con-
appeal, as to whether the proposed use is of state            sideration.
concern or local concern.  Copies of all applications            (4) The decision to approve, approve with modifica-
submittted to local governments and the local govern-         tions, or otherwise condition approval, or deny the
ment's use-type determination shall be transmitted to    application for a coastal use permit shall be in writing
the secretary within two days of receipt.                     and copies of the decisions shall be sent to all parties.
  (2)(a) Within ten days of receipt of a coastal use            (5) Public notice of coastal use permit decisions
permit application by the secretary, copies of the appli-    shall be given.
cation shall be distributed to the local government or           (6) The  secretary may adopt  rules providing  for
governments in whose parish the use is to occur and all    alternate procedures for the filing of applications, dis-
appropriate state and local agencies, and public notice       tribution of copies, giving of notices, and public hear-
shall be given.  A public hearing on an application may       ings in order to implement the coordinated coastal
be held.  Concurrently with the filing of the coastal use     permitting process established pursuant to R.S. 49:214.-
permit application, a copy of the application shall be        33
distributed by the applicant to the owner or owners of
the land on which the proposed coastal use is to occur.          (7) Notwithstanding any contrary provisions of law
The landowner and his address shall be determined by          i this Section, the permitting authority shall deny th
rules of the administrator.  The applicant shall make         application for a coastal use permit if the applicant
every reasonable effort, which shall include a search of    fails to respond within sixty days to any request or
the public records of the parish in which the use is to       iqury  rom the permitting authority.
occur if necessary, to determine the identity and cur-           (8) Notwithstanding any contrary provision of law or
rent address of the owner or owners of the land on            regulation, a coastal use permit, once granted on pri-
which the use is to occur.  The application shall not be      vate continuing marsh management projects, shall be
considered  complete  unless  the  applicant attaches         valid for the life of the project or activity for which the
thereto a written affidavit of the fact that reasonable       permit is issued, unless the secretary shall thereafter
efforts have been made to determine the identity and          modify, revoke, or suspend the permit.  Unless the
present address of each owner and a list of the names         secretary revokes or suspends the permit, no further
and addresses of the owners to whom the applicant has         permits shall be necessary for activities required to
furnished a copy of the application.                          operate or maintain the permitted use.
  (b) Notwithstanding any other law to the contrary,            D.  The applicant, the secretary, and affected local
the secretary shall, after notification by the department     government or affected federal, state, or local agency,
to the applicant that the application is complete, grant      any aggrieved person, or any other person adversely
or deny all applications for all permits, licenses, regis-    affected by a coastal use permit decison may appeawith RS
trations, variances, or compliance schedules within sixtye permit decision in accordance  ith R.S.
days. The notification of completeness shall be issued
within  fourteen  days, exclusive of holidays, by the            E.  The secretary is authorized to adopt rules and
department.   If the application is not complete, the         procedures for the issuance of general coastal use
department shall notify the applicant in writing of the       permits and for the issuance of variances from the
deficiencies which  cause the application not to be            normal coastal use permitting requirements.  For the
complete.  If the secretary does not grant the applica-        purposes of this Subpart, a general coastal use permit
tion, he shall provide written reasons for his decision,    is an authorization to prospective users to perform
and copies of the decision shall be provided to all    specific uses within prescribed areas of the coastal zone
parties.   The  secretary may  delegate the power to          without the necessity for a complete, independent re-
grant permits. licenses, registrations, variances, or com-    view of each proposed use and allows the shortest time
pliance schedules to an assistant secretary.                   period of review possible.  The rules and procedures
                                                            which may be adopted pursuant to this Section shall
  (c) If the secretary does not grant or deny the             provide for expeditious processing of applications for
application within the time period provided for herein,    general coastal use permits and may authorize varianc-
the applicant may file a rule as provided for in R.S.         es from the normal coastal use permit application and
 4c:96'). 1I.                                                 review procedures.  General coastal use permits and
  (3) The decision to approve, approve with modifica-    variances from the normal coastal use permitting re-
tlons. or otherwise condition approval, or deny the           quirements may not be issued except when the issuance
coastal use permit shall be made within thirty days    of such general coastal use permits or variances does
after public notice or within fifteen davs after a public    not impair the fulfillment of the objcctives and policies
hearing. whichevecr is later.  The coastal use permit         of the Subpart.
decision must be consistent with the state program and           F.  The secretarn shall adopt rule  whercby  pceci-
approved  local programs  for affected parishes and            ficd types of activities may be carried out under pre-
must represent an appropriate balancing of social. cnvi-    scribed emergency conditions without the necessity of
ronmental and economic factors.  In all instances local       obtaining a coastal use permit in advance.











R.S. 49:214.30                               RENISED STATUTES                                                  358

  G.  The secretary is authorized to establish a rea-           the coastal use pernit program established pur-
sonable schedule for fees to be charged to the appli-           suant to RS. 49:214.30 shall nor commence
cant for the processing and evaluation of coastal use           until thmrn days after the adoption of guidelines
permit applications.  The secretary shall waivc fees            pursuant to R.S. 49.214.27.
authorized by this Section for any individual, state
agency, or political subdivision deemed by him to be    ï¿½ 214.31.  Existing authority of certain state depart-
engaged in coastal restoration activity consistent with                  ments and local governments retained
the plan as provided in R.S. 49:213.6 and for local
public bodies for constructing drainage improvements.         A.  Nothing in this Subpart shall abridge the consti-
Funds generated from these fees shall be deposited in    tutlonal authority of any department of state govern-
the Coastal Resources Trust Fund as provided in R.S.    ment or any agency or office situated within a depart-
49:214.40.                                                 ment of state government.   Nor shall any provision,
  H.  (1) In order for the state to fulfill its obligation    except as clearly expressed herein, repeal the statutory
under the public policy provisions of this Subpart, the    authority of any department of state government or
secretary shall insure that whenever a proposed use or    any agency or office situated in a department of state
activity requires the dredging or disposal of five hun-    government.
dred thousand cubic yards or more of any waterbottom          B.  Permits issued pursuant to existing statutory au-
or wetland within the coastal zone, the dredged materi-    thority of the office of conservation in the Department
al shall be used for the beneficial purposes of wetland    of Natural Resources for the location, drilling, explora-
protection, creation, enhancement, or combinations    tion and production of oil, gas, sulphur or other miner-
thereof, in accordance with a long term management         als shall be issued in lieu of coastal use permits,
strategies plan for each existing or proposed channel or    provided that the office of conservation shall coordi-
canal as approved by the secretary.                        nate such permitting actions pursuant to R.S. 49:214.-
  (2) When a proposed use or activity involves dredg-    32(B) and (D) and shall ensure that all activities so
ing to construct or maintain a channel or canal greater    permitted are consistent with the guidelines, the state
than one mile in length in the coastal zone and where      program and any affected local program.
the secretary determines that failure to maintain and         C.  Permits issued pursuant to existing statutory
stabilize the banks of such channel or canal will result    authority by the Department of Wildlife and Fisheries
in direct or indirect loss of wetlands or adverse impacts    for the leasing, seeding, cultivation, planting, harvesting
to wetlands or waterbottoms, the secretary shall require    or marking of oyster bedding grounds shall be issued in
that such banks be maintained and stabilized using    lieu of coastal use permits, provided that the Depart-
dredged materials or structural stabilization measures,    ment of Wildlife and Fisheries shall coordinate such
or both.  In areas where the secretary determines that    permitting actions pursuant to R.S. 49:214.32(B) and
dredged material placement alone is insufficient to    (D) and shall ensure that all activities so permitted are
 maintain and stabilize the banks along all or part of the    consistent Aith the guidelines, the state program and
canal or channel, the use of structural stabilization    any affected local program.
 measures, including, but not limited to rock breakwa-
 ters, shall also be, required.  Any dredged material          D.  The provisions of this Subpart are not intended
 disposal and channel bank stabilization shall be in    to abridge the constitutional authority of any local
 accordance with a long term management strategies    governments, levee boards or other political subdivi-
 plan for each existing or proposed channel or canal as    sions.
 approved by the secretary.  At a minimum, the plan          R.S. 49:213.12.  Acts 1978, No. 361, ï¿½ 1, eff. Jan. 1,
 shall address environmental and economic consider-          1979.  Redesignated as R.S. 49:214.31 by Acts 1989,
 ations and emergency situations.                           2nd Ex.Sess., No. 6, ï¿½ 7, eff. July 14, 1989.
 R.S. 49:213.11.  Acts 1978, No. 361, ï¿½ 1, eff. Jan. 1,
 1979.  Amended by Acts 1983, No. 512, ï¿½ 1; Acts            ï¿½ 214.32.  Intergovernmental  coordination  and con-
 1983, No. 705, ï¿½ 4, eff. Sept. 1, 1983; Acts 1984, No.                   sistency
 408, ï¿½ 1, eff. July 6, 1984; Acts 1986, No. 954, ï¿½ 1, eff.    A.  Deep water port commissions and deep water
 July 14, 1986; Acts 1987, No. 558, ï¿½ 1; Acts 1989, 2nd    port, harbor, and terminal districts, as defined in Arti-
 Ex.Sess., No. 6, ï¿½ 4, eff. July 14, 1989.  Redesignated    cle 6, Sections 43 and 44 of the Louisiana Constitution
 as R.S. 49:214.30 by Acts 1989, 2nd Ex.Sess., No. 6,    of 1974, shall not be required to obtain coastal use
 ï¿½ 7. Amended by Acts 1990, No. 98, ï¿½ 1; Acts 1990,    permits.  Provided, however, that their activities shall
 No. 662, ï¿½ 1, eff. July 19, 1990; Acts 1990, No. 996,    be consistent to the maximum extent practicable with
 ï¿½ 2; Acts 1991, No. 637, ï¿½ 1; Acts 1991, No. 828, ï¿½ 2;    the state program and affected approved local pro-
 Acts 1991, No. 995, ï¿½ 1; Acts 1992, No. 815, ï¿½ 2; Acts     grams.
 1993, No. 194, ï¿½ 2; Acts 1993, No. 970, ï¿½ 1.                 B.  Any governmental body undertaking, conduct-
                      Date Effective                        ing, or supporting activities directly affecting the coast-
        R.S. 49:214.39 states that: "This part shall        al zone shall ensure that such activities shall be consis-
      become effective on January 1, 1979, except that       tent to the maximum extent practicable with the state











359                                         STATE ADMINISTRATION                                   R.S.  49:214.32

program and any afected  approved local program               and other structures when such relocation or removal
having geographical jurisdiction over the action.            is required by federal or state statute or regulation.
  C.  (1) Consistency determinations shall be made              (6) The monies generated from the collection of
by thl  secretary except that consistency determinations     consistency determination fees shall be allocated and
for uses carried out under the secretary's authority         expended to employ sufficient personnel to process and
shall be made by the governor.                               evaluate consistency determinations in an expeditious
  (2) The following schedule of fees shall be charged        manner.
for the processing and evaluation of consistency deter-         (7) Decisions on consistency determinations shall be
minations required by R.S. 49:214.32 to the person           made within three months of receipt of the consistency
conducting an activity subject to consistency review.  A     determination by the Coastal Management  Division,
nonrefundable processing fee of three hundred dollars    except as provided by federal regulations at 15 CFR
shall accompany each application or request for consis-    930.79 and 15 CFR 930.63.
tency determination submitted to the Coastal Manage-            D.  Governmental bodies shall fully coordinate their
ment Division.                                               activities directly affecting the coastal zone with the
  (3) The schedule of fees shall become effective Oc-    state program and affected approved local programs.
tober 1, 1992.                                               When the secretary finds that governmental actions not
  (4) If the appropriate application fees are not in-    subject to the coastal use permitting program may
  luded  along with tha e  application or request for conoin-    significantly affect land and water resources within the
tency determination, the application or request shall be     coas   shall notify the secretary of the De-
                                                          partment of Wildlife and Fisheries or his designee and
considered incomplete, and returned to the applicant,         the concerned  governmental body carrying out the
  (5) The following activities are exempted from con-    action.  Any governmental body so notified shall coor-
sistency fees:                                               dinate fully with the secretaries or their designees,
  (a) The processing and evaluation of any consistency       acting jointly, at the earliest possible stage of the
determinations relative to all matters concerning the    proposed action.  The secretaries or their designees,
Oil Spill Prevention and Response Act (R.S. 30:2451 et    shall make comments to such other agencies in order
seq.) and an)y amendments thereto.                            to assure that such actions are consistent with the state
  (b) The processing and evaluation of consistency    program and affected local programs.   These com-
                                                           ments shall, to the maximum  extent practicable, be
determinations for activities performed by the Louisi         ment  shall, to the maximum extent practicable  be
ana Department of Wildlife and Fisheries on wildlife          incorporated into the action commented upon.
management areas and refuges maintained or managed              E.  Providcd that neither the state nor any local
by the Department of Wildlife and Fisheries.                  government having an approved local program shall be
  ,(c) The processing and evaluation of consisten             liable for any damages resulting from activities occur-
  tc) Tne  processing acti snd evaluation of consuistency    ring in connection with the granting of any coastal use
determinations for activities performed by the Louisi-
ana Department of Recreation and Tourism on state    permit pursuant to this Section; and provided further
                                                          that any person undertaking any use within the coastal
parks and cultural sites maintained and/or managed by    zone in accordance with   the condi tions of a
the Louisiana Department of Recreation and Tourism.           coastal use permit issued pursuant to this Section shall
  (d) The  processing and evaluation of consistency    be considered in full compliance with the purposes and
determinations for any portions of federally permitted        provisions of this Subpart.
activities which are also subject to the state coastal use      F.  (1) In order for the state to fulfill its obligation
permitting requirement.                                       under the public policy provisions of this Subpart, the
  (e) The processing and evaluation of consistency    secretary shall insure that whenever a proposed use or
determinations for federal loans and grants.                  activity requires the dredging or disposal of five hun-
  (f) The processing and evaluation of consistency de-    dred thousand cubic yards or more of any waterbottom
terminations for activities performed by the U.S. Fish    or wetland within the coastal zone, the dredged materi-
and  Wildlife Senrvice on  refuges maintained and/or    al shall be used for the beneficial purposes of wetland
managed by the U.S. Fish and Wildlife Service.               protection, creation,  enhancement,  or combinations
      _() The  processing and  .valuation of consistency     thereof, in accordance with a long term management
  ) e    processing andations   of consist rformd by the     strategies plan for each existing or proposed channel as
detPark Seric  in nationalvities performed b  the       .    developed by the secretary and adopted pursuant to
Park Service in national parks.
                                                          the provisions of the Louisiana Administrative Proce-
  (h) The  processing and evaluation of consistency          dure Act.'
determinations for maintenance of existing Outer Con-           (2) When a proposed use or activitv involves dredg
tinental Shelf mineral facilities. pipelines. and other          to construct or maintain a channe or  canal greaer
structures.                                                   than one mile in length im  he coa.tal zone and  thcre
  (i) The processing and evaluation of consistency de-       the secretary determines that failure to maintain and
terminations for relocation and removal of existing    stabilize the banks of such channel or canal will result
Outer Continental Shelf mineral facilities. pipelines,    in direct or indirect loss of fletland, or adverse impacts











R.S.  49:214.32                               RE1ISED STATUTES                                                 360

to wetlands or waterbottoms. the secretary shall require    stabilization measure advances the plan's objectives
that such banks be maintained and stabilized using    with respect to beneficial use of dredged material
dredged materials or structural stabilization measures.    disposal for the purposes of wetland protection. cre-
or both.  In areas where the secretary determines that    ation. enhancement. a combination thereof. and chan.
dredged material placement alone is insufficient to    nel bank stabilization. where deemed appropriate by
maintain and stabilize the banks along all or part of the    the secretary.
canal or channel. the use of structural stabilization         (d) Provisions which address emergency situations,
measures. including, but not limited to rock breakwa-      including but not limited to instances of force majeure,
tcrs. shall also be required.  Any dredged material    acts of God. acts of war, and other problems or
disposal and channel bank stabilization shall be in    situations not anticipated in the plan.
accordance with a long term management strategies            (5) Any plan approved by the secretary and adopted
plan for each proposed or existing channel as devel-    in accordance with the Louisiana Administrative Proce.
oped by the secretary and adopted pursuant to the    dure Act shall be consistent with the provisions of R.S.
provisions of the Louisiana Administrative Procedure    49:214.27 and 214.32, and the rules, regulations, and
Act.                                                       guidelines adopted thereunder.  Any project, program,
  (3) In developing a long term management strate-    or structural channel bank stabilization measures in-
gies plan for each existing or proposed channel as    eluded in an approved and promulgated plan for a
provided in Paragraphs F(1) and (2), the secretary shall    particular existing or proposed navigation channel shall
consult with and address the concerns of the following:    be deemed to be consistent with the Louisiana Coastal
  (a) The local sponsor of the existing or proposed        Resources  Program, provided, however, actual con-
channel.                                                   struction and implementation is done in accordance
  (b) The governing authority for the parish in the    with the plan, design memorandum, local cooperation
coastal zone through which the channel is to be con-    agreement, and  local cooperation agreement  for a
structed or maintained.                                    particular existing or proposed  navigation channel.
      () Representatives of the affected or potentially    Consistency determinations for projects, programs or
   affe(c)                      port o r                       wteray  aciit operators.  channel bank stabilization measures implemented or
affected port or waterway facility operators.              constructed on a channel or canal, or any segment
  (d) Representatives of the affected or potentially    thereof, which has not been made part of any plan
affected waterway user groups.                             approved and adopted pursuant to the provisions here-
   (e) Appropriate state and federal agencies.              in shall be made on a ease-by-case basis in accordance
   (4) The plan shall address beneficial use of dredged    with R.S. 49:214.27 and 214.32 and the rules, regula-
material disposal for the purposes of wetland protec-    tions and guidelines adopted thereunder.  The provi-
tion, creation, enhancement, combinations thereof, and    sions herein shall be made on a case-by-case basis in
channel bank stabilization, where deemed appropriate    accordance with R.S. 49:214.27 and the rules, regula-
by the secretary from a long-range perspective and         tions, and guidelines adopted thereunder.
shall incorporate structural, management, institutional,      (6)(a) Any long term management strategies plan
 and economic components for a particular existing or    shall have, as a matter of law a term of not more than
proposed navigation channel.  The plan shall include    ten years.  At the end of the term, the secretary may,
but not be limited to the following:                       in accordance with applicable statutory law, rules, and
   (a) A list of projects, programs, or structural chan-    regulations:
 nel bank stabilization measures required for the con-        (i) Extend or reissue a plan for another term of up
 servation, restoration, or creation of wetlands lost,    to ten years.
 adversely affected, or with the potential to be lost as a     (ii) Require a modification to incorporate terms and
 result of existing or proposed navigation channels and     conditions deemed necessary for the wetland protec-
 the action required of each state or federal agency,    tion, conservation, restoration, enhancement, creation,
 port authority, user group, or other responsible party    any combination thereof, and channel bank stabiliza-
 to implement said project, program, or channel bank        tion, or to reflect regulatory changes which have been
 stabilization measure.                                     specified by rule or regulation.
   (b) A  schedule,  estimated  cost,  and  source  or        (b) The secretary may not revoke the consistency
 sources of funding for the implementation of each    determination for any provision of a plan approved and
 project, program, or channel bank stabilization mea-       adopted pursuant to the provisions herein unless notice
 sure included in the plan for a particular existing or    is given to the sponsor assuring agency not less than
 proposed navigation channel.                               one calendar year prior to the revocation.  Upon such
   (c) Scientific data and other reasons, including but    notice, the secretary shall consult with and respond in
 not limited to economic, social, geographic, and biolog-    writing to the concerns of the local sponsor of the
 ical considerations and parameters as to why each    existing or proposed channel. the governing authority
 project, program, or structural measure was selected    for the parish in the coastal zone through which the
 for inclusion.  Specifically this will include an explana-    channel is constructed or maintained, representatives
 tion as to how each project, program, or channel bank    of the affected or potentially affected port or waterway











361                                         STATE ADMINISTRATION                                 R.S.  49:214.33

facility operators, representatives of the affected water-  specified by the secretary.  Any variance which may be
way user groups. and appropriate state and federal    granted shall be under the condition that the sponsor
agencies.                                                    or assuring agency shall make such periodic reports to
  (c)*At the end of the term of any plan. the provi-    the secretary as to the progress made toward acquiring
sions of this Subsection shall apply to any request for    adequate funding.  Upon failure of the secretary to
an extension or renewal.  No plan shall be terminated    take action within sixty days after receipt of a request
pursuant to this Section if the secretary has taken no       for a variance, or upon failure-of the secretary to enter
action to extend, modify, or revoke the grant of author-    a final order or determination within sixty days after
ity.  The grant of authority shall remain until such    final argument in any hearing under this Subpart, then
action is taken.                                             for all purposes the person, entity, sponsor, assuring
  (7) Until a long term management strategies plan is    agency, or state or federal agency affected shall be
adopted for a particular proposed or existing chadfnel,    entitled to treat such failure to act as a grant of the
the secretary shall continue to act in accordance with    variance or of a finding favorable to the party request-
the provisions of R.S. 49:214.27 and 214.32 and the    ing the variance.
rules, regulations, and guidelines adopted thereunder       R.S. 49:213.13.  Acts 1978, No. 361, ï¿½ 1, eff. Jan. 1,
in determining whether channel construction, mainte-         1979.  Amended by Acts 1983, No. 705, ï¿½ 4, eff. Sept.
nance, and associated  dredged  material disposal is    1, 1983.  Redesignated as R.S. 49:214.32 by Acts 1989,
consistent with Louisiana's Coastal Management Pro-    2nd Ex.Sess., No. 6, ï¿½ 7, eff. July 14, 1989.  Amended
gram.                                                        by Acts 1991, No. 637, ï¿½ 1;. Acts 1992, No. 1075, ï¿½ 1.
  (8)(a) The secretary may grant variances for consis-        I In par. F(I), RS. 49:950 ct scq.
tency determinations  for any project, program, or
structural channel bank stabilization measure for which      ï¿½ 21433.  Coordinated coastal permitting process
no funds are available to construct or implement same          A.  This Section is intended to expedite and stream-
from the funding sources identified in a plan approved       line the processing of issuing coastal use permits and of
and adopted in accordance with this Section.  Such          obtaining all other concurrently required permits or
variances may be granted upon presentation of reason-    approvals from other governmental bodies having sepa-
able evidence that compliance with the provisions of a    rate regulatory jurisdiction or authority over uses of the
plan will result in significant economic losses to any    coastal zone without impinging on the regulatory juris-
lawful business, occupation, or activity without suffi-    diction or authority of such other governmental bodies.
cient corresponding benefit or advantage to the people         B.  To implement this intent, within one year of the
  (b) In determining under what conditions and to    effective date of this Subpart, the secretary, local gov-
  (b) In determining under what conditions and to    ernments, and all other relevant governmental bodies
what extent a variance from a plan approved and ernments, and all other relcvant governmental bodies
what extent a variance from aplanappromaplnarv ed  and       having such other regulatory jurisdiction or authority
adopted pursuant to the provisions of the Section  io  over uses of the coastal zone shall in cooperation with
granted, the secretary shall give due consideration to    one another and under the direction of the governor
progress which the person, entity, sponsor, assuring    establish a coordinated coastal permitting process by
agency, or state or federal agency requesting the vari-inding interagency agreements wherein:
ance shall have made in complying with and imple-
menting a plan, the efforts made by the person, entity,        (1) One application form serves as the application
sponsor, assuring agency, or state or federal agency    form for all required permits or approvals from all
requesting the variance to acquire adequate funding          governmental  bodics taking part in the coordinated
from the funding sources identified in a particular plan,    coastal permitting process.
and the degree and nature of the adverse ecological            (2) The application contains sufficient information
impacts caused by the failure to implement the project,    so that all necessary reviews by all affected governmcn-
program, or structural channel bank stabilization mea-       tal bodies can be expeditiously carried out.
sure for which the variance is requested.                      (3) A "one window" system for applications is estab-
  (c) The secretary may grant such variance which           lished, with copies of the application being transmitted
shall be conditioned to require the inclusion of the         to all governmental bodies taking part in the coordinat-
particular project. program, or channel bank stabiliza-    cd coastal permitting process.
tion mcasure. for which the variance is granted in the
subsequent dredging cycle for that particular channel.         (4) Only one public hearing  if an!. need be held oln
and upon the requirement to provide a level of corn-         the  pplication.   A!  public hearing held shall be
pcnsator. mitigation in accordance with the provisions       dcemcd to senrc for all gov ernme ntal bodics laking
of R.S   Q:'14.41  for the ecological impacts resulting    part in the coordinated  coastal permitting process.
from the failure to implement the project. program. or         (5) The shortest practicable period for revic  of
structural channel bank stabilization mecasure for  hich    applications by  all governmental bodies Iak;inc part in
the variance Is granted.  Any variance granted pursu-        the coordinated coastal permitting process insofar as
ant io the provisions of this Section shall be granted       the application pertains to the regulatory jurisdiction or
for a period of time not to exceed two years. as shall be   authority, of such governmental body, is provided for.











R.S.  49:214.33                                 REIlSED STATUTES                                                    362

  (6) The coordinated coastal permitting process shall          (7) Construction of a residence or camp.
not affect the powers,  duties, or functions of any              (8) Construction  and modification  of navigational
governmental body  particularly the Department  of    aids such as channel markers and anchor buoys.
Wildlife and Fisheries and the Office of Conservation
in thc Dcpartment of Naturai Resources.                          (9) Construction, maintenance,  repair. or normal
                                                           use of any dwelling. apartment complex. hotel. motel,
  (7) If practicable, a joint permitting process with         restaurant, service station, garage. repair shop. school,
federal agencies issuing permits shall be espital.  church,  office building,  store,  amusement
incorporating the coordinated coastal permitting pro-    park, sign, driveway, sidewalk. parking lot. fence. or
cess.  Nor shall any other permit review or approval          utility pole or line, when these activities occur wholly
that, in the discretion of the secretary, would be inap-      on lands five feet or more above mean sea level or on
propriate for inclusion in a unified permit.                  fast lands except when the secretary finds, subject to
  C.  Provided that local zoning, subdivision, building.    appeal, that the particular activity would have direct
health, and other similar permits, reviewing, or approv-      and significant impacts on coastal waters.
als which are not part of an approved local program              (10) Uses which do not have a significant impact on
shall not be included within the unified permitting           coastal waters.
program; nor shall any other permit review or approv-
al which, in the discretion of the secretary, would be           B.  (1) The secretary shall adopt rules for the im-
inappropriate for inclusion in a unified permit.              plementation of this Section and may, by such rules,
                                                           specify such other activities not requiring a coastal use
  D.  Prior  to the  Implementation  of the unified           permit as are consistent with the purposes of this
coastal permitting program, the secretary is authorized       permit as are consistent with the purposes  of this
to develop interim interagency agreements  with the
respective governmental bodies to coordinate permit              (2) Nothing in this Subsection shall be construed as
handling, decision making, andlappeal procedures.             otherwise abrogating the lawful authority of agencies
  E.  After such process is established as provided in    and local governments  to adopt zoning laws, ordi-
                                                            nances, or rules and regulations for those activities
this Section, the secretary shall administer and imple- nances, or rules and regulations  for those activites
ment  and may modifry such  process in accordanne  ith        within the coastal zone not requiring a coastal use
ment and may modify such process in accordance with
the provisions of this Section.                               permit and  to issue licenses and  permits pursuant
                                                            thereto.  Individual specific uses legally commenced or
R.S. 49:213.14.  Acts 1978, No. 361, ï¿½ 1, eff. Jan. 1,    established prior to the effective date of the coastal use
1979.  Amended by Acts 1983, No. 705, ï¿½ 4, eff. Sept.         permit program shall not require a coastal use permit.
1, 1983.  Redesignated as R.S. 49:214.33 by Acts 1989,                                        No. 361, ï¿½  , ff. Jan. 1
               2nd Ex.Sess., No. 6, ï¿½ 7, eff. July 14, 1989.  1979.  Amended by Acts 1983, No. 705, ï¿½ 4, eff. Sept.
ï¿½ 214.34.  Activities not requiring a coastal use per-        1, 1983; Acts 1984, No. 408, ï¿½ 1, eff. July 6, 1984.
              mit                                             Redesignated  as R.S. 49:214.34 by Acts  1989, 2nd
                                                            Ex.Sess., No. 6, ï¿½ 7, eff. July 14, 1989.
  A.  The following activities shall not require a coast-
al use permit.                                                ï¿½ 214.35.  Reconsiderations, judicial review
  (1) Activities occurring wholly on lands five feet            A.  This Section shall govern the reconsideration
above mean sea level except when the secretary finds,    and/or judicial review of actions of the secretary under
subject to appeal, that the particular activity would         this Subpart, including coastal use permit and local
have direct and significant impact on coastal waters.         program approval decisions and determinations of state
  (2) Activities  occurring  within  fast  lands  except      or local concern under R.S. 49:214.30(C)(1) and deter-
when the secretary finds, subject to appeal, that the         minations of direct and significant impact under R.S.
particular activity would  have direct and significant    49:214.34.
impacts on coastal waters.                                      1B.  A decision or determination shall be subject to
  (3) Agricultural, forestry, and aquaculture activities    reconsideration by the secretary if a petition for recon-
on lands consistently used in the past for such activi-    sideration is filed in writing with the secretary within
ties.                                                         ten days following public notice of a final coastal use
  (4) Hunting, fishing, trapping, and the preservation        permit or local program approval decision, or receipt
of scenic, historic, and scientific areas and wildlife    of written notice of a determination made under R.S.
preserves.                                                    49:214.30(C)(1) or R.S. 49:214.34.  The grounds for
  (5) Normal maintenance or repair of existing struc-    reconsideration shall be either that:
tures including emergency repairs of damage caused by            (1) The decision or determination is clearly contrary
accident, fire, or the elements.                              to the law or the evidence before the secretary;
  (6) Uses and activities within the special area estab-        (2) The petitioner has discovered, since the decision
lished in R.S. 49:214.29(C) which have been permitted         or determination, evidence important to the issues
by the Offshore Terminal Authority in keeping with its    which he could not, with due diligence, have presented
environmental protection plan.                                to the secretary prior to the decision;











363                                         STATE ADMINISTRATION                                 R.S. 49:214.36

  (3) There is a showing that issues not previously         program  to ensure the proper enforcement of the
considered, through no fault of the petitioner, ought to    management program.  The secretary may enter into
be examined in order to properly dispose of the matter;    interagency agreements with appropriate agencies to
or *                                                         assist in the surveillance, monitoring, and enforcement
  (4) There exist other good grounds for further con-    activities pursuant to this Subpart.
sideration of the issues and the evidence in the public        B.  The secrtary, and each local government with
                                                          an approved program as to uses under its jurisdiction,
  C.  The petition for reconsideration shall set forth    shal have the authority to issue cease and desist orders
the grounds which justify such action.  Nothing in this    against any person found to be in violation of this
Section shall prevent the reopening or reconsideration
of a decision or determination in accordance with    Subpart or the rules and regulations issued hereunder.
of a decision or determination in accordance with
other applicable statutory provisions or at any time on        C.  The secretary, and each local government with
the grounds of fraud, perjured testimony, or fictitious    an approved program as to coastal use permits issued
evidence.   The  reconsideration  shall be limited to    by it, shall have the authority to suspend, revoke, or
those grounds upon which it was granted, and the             modify coastal use permits if the user is found to have
secretary may adopt regulations for the orderly consid-    violated any of the conditions of the coastal use permit.
eration and disposition of reconsideration petitions.
The secretary shall render a decision upon the recoin          D.  The secretary, the attorney general, an appro-
The secretary shall render a decision upon the recon-
sideration petition within fifteen days of its receipt.  If    priate district attorney, or a local government with an
a petition for reconsideration is timely filed, the period   approved program may bring such injunctive, declara-
within which judicial review must be sought shall run    tory, or other actions as are necessary to ensure that no
from the final disposition of such petition.  The secre-     uses are made of the coastal zone for which a coastal
tary, in the interest of justice, may grant a stay of a      use permit has not been issued when required or which
decision on a coastal use permit or approval of a local    are not in accordance with the terms and conditions of
program until the final disposition of a petition for    a coastal use permit.
reconsideration.
                                                             E.  A  court may impose civil liability and assess
   D.  Any person authorized by this Subpart to appeal    damages; order, where feasible and practical, the pay-
a coastal use permit decision or any local government        ment of the restoration costs; require, where feasible
aggrieved by a final decision on approval of a local    and practical, actual restoration of areas disturbed; or
program  may  seek judicial review of that decision    otherwise impose reasonable and proper sanctions for
w whether or not a petition for reconsideration has been     uses conducted within the coastal zone without a coast-
filed under this Section.  A preliminary, procedural, or
                                                           al use permit where a coastal use permit is required or
intermediate action by the secretary or a determination      which a re  not in   acordance with the erms and condi-
of local or state concern under R.S. 49:214.30(C)(1) or       hich are not    accordance with the terms and condi-
of direct and significant impact under R.S. 49:214.34 is    tions of a coastal use permit.  The court in its discre-
immediately reviewable if review of the secretary's final    tion may award costs and reasonable attorney's fees to
permit decision or action would not provide an ade-          the prevailing party.
quate remedy or would inflict irreparable injury.              F.  Any person found to have knowingly and inten-
   E.  Proceedings for review may be instituted by    tionally violated the provisions of this Subpart, any of
 filing a petition in the district court of the parish in    the rules and regulations issued hereunder, or the
which the proposed use is to be situated within thirty    terms or conditions of any coastal use permit shall be
 days after mailing of notice of the final decision by the    subject to a fine of not less than one hundred dollars
 secretary or, if a reconsideration is requested, within    and not more than five hundred dollars. or imprison-
 thirty days after the decision thereon.                      ment for not more than ninety days, or both.  This
   F.  Judicial review shall otherwise be pursuant to    penalty shall be in addition to any other costs or
 the Louisiana Administrative Procedure Act, provided         penalties assessed pursuant to this Section.
 that all such cases shall be tried with preference and         G.   ny action pursuant to this Section. whether
 priority.  Trial de novo shall be held upon request of           inal or civil, must be brought in any parish in
                                                           criminal or civil, must be brought in any parish in
 any party.
                                                           which the use or activity is situated.  Ifthe use or
 R.S. 49:213.16.  Acts 1978, No. 361, ï¿½ 1. eff. Jan. 1.        hich the use or activity is situated. I    the use or
 1979.  Amnded  by Acts 19S2. No. 813,    1: Acts    activitv is situated in one or more parishes. then an!
 1979. Amended by Acts 1($2. No. 813, ï¿½ 1: Acts
 I)S. No. 591. ï¿½ I. eff. July 14. 1983: Acts 1983. No.       action may be brought in either of the parishcs in
 705. ï¿½ 4. cff Sept. 1. 1983; Acts 1984. No. 408. ï¿½ 1.
 7(15. ï¿½ 4. cff. Sept. 1. 1983; Acts 1984. No. 408. ï¿½ 1;   ~which the use or actiMit is situated.
 eff. July 6. S1984.  Redesignated as R.S. 49:214.35 by         H.  In addition to the other enforcement actions
 Acts 1989. 2nd Ex.Sess.. No. 6. ï¿½ 7. eff. Jul, 14. 1989.    authorized  by this Section. whenever  the secretary
                                                            determines a violation of an!' provision of this Subpart.
               6.  Enrmen; in junction;  pnalties    and    or any rules and regulations issued hereunder or the
                                                            terms or conditions of any coastal use permit has
   A.  The secretary and each local government with    occurred. the secretarD may assess costs and penalties
 an approved program shall initiate a field surveillance    pursuant to Subsection I.
    La S:&a 94 C~- EC PA-Ph 6 -9











R.S. 49:214.36                                 REVISED STATUTES                                                  364

  I.  In addition to the other enforcement actions    for a coastal use permit or received correspondence
authorized by the provisions of this Section. the secre-    from the Coastal Management Division concerning the
tarv may do any or all of the following:                     commissaon of a possible violation.
  (1) Assess the violator all or a portion of the costs       (iii) A value of one and one-half shall be ,ipplicd
of abatement or mitigation of damages to the coastal        where the person had previously violated this Subpart.
zone in accordance with R.S. 49:214.41.                        (e) The cooperation value (C) shall be determined
  (2) Assess the violator an administrative penalty in    as follows:
accordance with the following administrative penalty           (i) A value of one-half shall be applied where the
sysiterr                                                     person restores rcsource damage as rcqvï¿½stcd 'n the
  (a) The amount of administrative penalty per viola-    secretary without the need for an enforcement order or
tion shall be determined by a formula of SB(V + P +         court action by the secretary.
C + I) = Penalty, where B is base assessment, V  is            (ii) A  value of one and one-half shall be applied
habitat value,' P is prior knowledge value, C is cooper-    where the person is not cooperative in restoring re-
ation value, and I is impact damage value.  No penalty    source damage as requested by the secretary and the
shall be less than fifty dollars and the maximum penal- secretary must issue an enforcement order or obtain a
ty for violations shall be twelve thousand dollars.         court order to restore the resource.
  (b) Base assessment (B) is the amount of a permit           (f) The impact damage value (I) shall be determined
application fee and processing fee if a permit had been      by the secretary as a measure of the extent or size of
applied for under this Subpart or fifty dollars where no     the ecologically impacted area as follows:
fee would have been charged.                                   (i) Where  the secretary determines  the adversely
   (c) The ecological valueI (V) shall be assessed as    affected area of the violation would naturally restore
follows:                                                    within one year, and the impact area is less than one
   (i) A value of one-half shall be applied to areas the     acre in size or an impacted waterway, shoreline, or
secretary determines to be of minor value, such as    waterfront property is less than one hundred linear
streams, rivers, canals, developed cheniers, bayous, t.re-    feet, a value of one-half shall be applied.
 nasses, or lakes with insignificant public resource value      (ii) Where the secretary determines the adversely
or wetlands of low resource value as a result of histori-    affected area of the violation would naturally restore
 cal disturbances or physical alterations that were not    within two years, and the impact area is less than one
violations existing prior to the violation under consider-   acre in size or the impacted waterway, shoreline, or
 ation.                                                      waterfront property is less than one hundred linear
   (ii) A value of one shall be applied to areas the    feet, a value of one shall be applied.
 secretary determines to be of average value such as            (iii) Where  the secretary determines that the ad-
 sections of streams, rivers, cheniers, canals, bayous,.or    versely affected area would exceed the restoration time
 trenasses of marginal value for rearing or spawning         or the impacted area criteria required in Items (i) or
 habitat for fish and wildlife populations, marginal wet-    (ii) of this Subparagraph, a value of one and one-half
 lands or beaches of marginal wildlife habitat value.    shall be applied.
   (iii) A value of one and one-half shall be applied to       J.  The monies collected by the state under the
 areas the secretary determines to be of major value,
 sucheas the signiicanta   deteriesh ad wie s   g majoreval,    provisions of this Section shall be deposited as follows:
 such as a significant fish and wildlife spawning area,
 eagle nesting areas, significant waterfowl rearing habi-       (1) The monies collected by the secretary for viola-
 tat, tidal salt, saline, brackish, or intermediate marshes,  tions relating to us  of state concern shall be used for
 cheniers, tidal mudflats, freshwater wetlands with high    the following purposes only in the proportions stated:
 diversity and high public resources value, beaches of          (a) Fifty percent of the monies collected shall be
 significant wildlife habitat value and state scenic rivers    used to reimburse the Department of Natural  Re-
 and waterways designated under R.S. 56:1840 et seq. or    sources for the cost of enforcing the provisions of this
 administrative rules adopted thereunder.                     Subpart, and shall be deposited in the Coastal Re-
   (d) The prior knowledge value (P) shall be deter-    sources Trust Fund, as provided in R.S. 49:214.40.
 mined by the secretary as follows:                             (b) Twenty-five percent of the monies collected shall
    (i) A value of one-half shall be applied where the        be placed in local government mitigation banks estab-
 secretary determines the person was unaware of this    lished in accordance with R.S. 49:214.41 and the rules
 Subpart, as demonstrated by the fact that the person         and regulations adopted thereunder.
 had neither applied for any coastal use permit in the          (c) Twenty-five percent of the monies collected shall
 past, nor received correspondence from the Coastal           be placed in the Wetlands Conservation and Restora-
 Management Division concerning the commission of a    tion Fund established in Article 7, Section 10.2 oJ the
 possible violation.                                          Louisiana Constitution.
    (ii) A  value  of one shall be  applied where  the           (2) The monies collected by the secretary for viola-
 secretary determines the person had previously applied       tions relating to a use of local concern shall be placed











365                                          STATE ADMINISTRATION                                   R.S.  49:214.38

in local government mitigation banks established in    mining the terms and conditions to be placed on the
accordance with R.S. 49:214.41 and the rules and regu-        after-the-fact permit, the secretary shall consider the
lations adopted thereunder.  Each local government's          following factors:
mitigation bank shall be credited one hundred percent            (a) The degree to which the activity complies, or
of the monies collected for violations relating to a use      fails to comply, with the coastal use guidelines.
of local concern occurring within its geographic bor-
ders, except that for violations occurring within the            (b) The  need  for compensatory mitigation to be
geographic borders of two or more local governments           carried out when the activity altered wetlands of the
the monies shall be divided on a pro rata basis and           coastal zone.
deposited accordingly in the local government's mitiga-          (c) The need for partial restoration of the site if the
tion banks.  In the event there is no local government        coastal use could be carried out with lesser impact to
mitigation bank in the parish in which the adverse            coastal waters or wetlands.
impact is located, the monies shall be deposited in the          (d) The need for restoration of the site upon aban-
Wetlands Conservation and Restoration Fund estab-    donment or completion of the coastal use.
lished in Article 7, Section 10.2 of the Louisiana Con-
stitution, and can only be used for mitigation projects          (2) Prior to issuing a final after-the-fact permit, the
stitution, and can only be used for mitigation projects       secretary shall provide to the person conducting the
within the geographic borders of that local government.       activity shall provide owner of the person conducting the
                                                            activity and to the owner of the property on which the
  K.  In determining whether to assess, pursuant to    activity occurred, a draft after-the-fact coastal use per-
Subsection I of this Section, costs or penalties, and the     mit.  The secretary shall also cause the draft after-the-
amounts of such assessments, the secretary shall con-         fact coastal use permit to be published one time in the
sider the following factors:                                  official state journal and allow the public time to offer
  (1) The monetary benefits realized by the violator          comments on the proposed after-the-fact coastal use
due to the noncompliance.                                     permit to the secretary.  All comments must be re-
  (2) The history of previous violations or repeated          ceived by the secretary within fifteen calendar days
noncompliance for the last five years.                        following the date of publication in the state journal.
  (3)                             The nature and gravityof the violation, including  The secretary shall fully consider all comments  re-
the adverse impact on  the  coastal zone.                     ceived and issue a final after-the-fact coastal use per-
                                    the. ad.ee im.           mit five days following the end of the public comment
  (4) The degree of culpability, recalcitrance, defiance,     period.
or indifference of the violator to the laws, regulations.
or orders of the secretary or regulations of the local    R.S. 49:213.17.  Acts 1978, No. 361.     , eff Jan.  ,
               ~~~~~~~government.           ~1979. Amended by Acts 1983, No. 705, ï¿½ 4, eff. Sept.
                                                            1, 1983.  Redesignated as R.S. 49:214.36 by Acts 1989,
  (5) The cost to the department or state of bringing         2nd Ex.Sess., No. 6, ï¿½ 7, eff. July 14, 1989.  Amended
and prosecuting  an enforcement  action against the    by Acts 1993, No. 194, ï¿½ 1.
violator.                                                       IThe enrolled bill assigns the variable "" to "habitat value" in
  (6) Whether the person charged has failed to miti-    subpar. 1(2)(a) and to "ecological value" in subpar. 1(2)(c).
gate or to make a reasonable attempt to mitigate the
damages caused by his noncompliance or violation.             ï¿½ 214.37.  Approval of rules, regulations, or guide-
  L.  No penalties or costs shall be assessed without
the person charged being given notice and an opportu-            Any rule, regulation, or guideline shall be proposed
nity for an adjudicatory hearing, pursuant to the Ad-         or adopted pursuant to the rule making procedures set
ministrative Procedure Act.  The secretary shall ap-          forth in the Louisiana Administrative Procedures Act'
point an independent  hearings officer.  The person           and shall be subject to approval by the House Commit-
charged may waive the adjudicatory hearing upon pay-          tee on Natural Resources and Senate Committee on
ment of the amount demanded by the secretary, and             Natural Resources.  Such approval shall be presumed
will be liable for all costs associated with the adjudica-    unless either committee submits objections in writing
tory hearing.                                                 within fifteen days after receipt of the proposed rule,
  M.  Nothing in this Section, shall prohibit any local    regulation, or guideline.  Provided that such written
political subdivision, without a local coastal use permit     objections shall be subject to override by the governor
program approved as provided for in R.S. 49:214.3(1    within five days after receipt of the objections by the
from enforcing any ordinance or regulation relating to        governor.
wetlands protection or restoration.                            R.S. 49:213.18.  Acts 1978. No. 361. ï¿½ 1. eff. Jan. 1.
  N.  (I) In addition to the other enforcement  ac-  1179.  Redesignalcd as R.S. 49:214.37 by Acts l9N.
tions authorized by the provisions of this Section. for       2nd Ex.Sess.. No. 6. ï¿½ 7. eff. Julh  14. 19'9.
c;ach incident resulting in an  administrative  penalty         I Adrmnistraiuc Procdurc Acl. R S   '051, et cq
being assessed. the secretary shall issue an aftecr-the-
                                                            ï¿½ 214.38.  Effect on titles
fact coastal use permit or permit modification specify-
ing terms and conditions that must be adhered to for             A.  Nothing in this Subpart shall be construed as
the unauthorized activity to rcmain in place.  In deter-      affecting the status of the title of the state or other











R.S. 49:214.38                                REVISED STATUTES                                                   366

governmental body to real rights in lands or water             C.  Any surplus funds remaining to the credit of the
bottoms.                                                    trust fund on July I of each year commencing with the
  B.  The involuntary acquisition. directly or indirect-    fiscal year 1983-84. after all appropriations  of the
  Dl. of privatcluv ouned propertyv, is not necessary to    preceding fiscal year have been paid. and all interest
ly. of privately owned property is not necessary to
achieve the intents and purposes of this Subpart.  No       earned on money from the trust fund since the creation
rule, regulation. ordinance, order, or standard, the        of the fund and thereafter shall remain to the credit of
purpose or application of which is to effect an involun-    the Coastal Resources Trust  Fund  for expenditure
tarv acquisition or taking of such property, shall be       from year to year solely by the Louisiana  coastal
adopte~d. enacted, or implemented pursuan~t to th:e   resources program or any uses as provided for in the
provisions of this Subpart.                                 federal outer continental shelf revenue sharing legisla-
                                                          tion in accordance with appropriation made by the
R.S. 49:213.19.  Acts 1978, No. 361, ï¿½ 1, eff. Jan. 1,    legislature for the purposes and functions of said pro-
1979.  Redesignated as R.S. 49:214.38 by Acts 1989,    gram. and no part thereof shall revert to the state
2nd Ex.Sess.. No. 6. ï¿½ 7, eff. July 14, 1989.               general fund.  This provision shall not be construed to
ï¿½ 214.39.  Effective date                                   prohibit the appropriation of funds out of the state
                                                          general fund to the commission.
  This Subpart shall become effective on January 1,    R.S. 49:213.22.  Added by Acts 1983, No. 512, ï¿½ 1.
1979, except that the coastal use permit program estab-     Redesignated  as R.S. 49:214.40 by Acts  1989, 2nd
lished pursuant to R.S. 49:214.30 shall not commence        Ex.Sess., No. 6, ï¿½ 7, eff. July 14, 1989.  Amended by
until thirty days after the adoption of guidelines pursu-   Acts 1992, No. 1075, ï¿½ 1.
ant to R.S. 49.214.27.
                                                          ï¿½ 214.41.  Mitigation of coastal wetlands losses
R.S. 49:213.20. Acts 1978. No. 361, ï¿½ 1, eff. Jan. 1,
1979.  Redesignated as R.S. 49:214.39 by Acts 1989,            A.  As used in this Section, the following terms shall
2nd Ex.Sess., No. 6, ï¿½ 7, eff. July 14, 1989.               have the meaning ascribed to them below:
                                                             (1) "Compensatory mitigation" means replacement,
ï¿½ 214.40.  Coastal Resources Trust Fund                     substitution, enhancement, or protection of ecological
  A.  (1) Subject to the exceptions contained in Arti-    values to offset anticipated losses of those values
cle VII, Section 9(A) of the Constitution of Louisiana,     caused by a permitted activity.
all funds collected by the Louisiana coastal resources         (2) "Ecological value" means the ability of an area
program from processing and evaluation of coastal use       to support vegetation and fish and wildlife populations.
permit applications  and consistency determinations,           (3) "Mitigation" means all actions taken by a per-
from any federal outercontinental shelf revenue shar-    mittee to avoid, minimize, restore, and compensate for
 ing program. and from any other sources, shall be paid      ecological values lost due to a permitted activity.
into the state treasury and shall be credited to the           (4) "Overriding public interest" means that the pub-
 Bond Security and Redemption Fund.                          liec interest benefits of a given activity clearly outweigh
   (2) Out of the funds remaining in the Bond Security    the public interest benefits of compensating for wet-
and Redemption  Fund after a sufficient amount is    land values lost as a result of the activity, as in the case
allocated from that fund to pay all obligations secured    of certain mineral extraction, production and transpor-
by the full faith and credit of the state which become      tation activities or construction of flood protection
 due and payable within any fiscal year, the treasurer    facilities critical for protection of existing infrastruc-
 shall, prior to placing such remaining funds in the state    ture.
 general fund, pay into a special fund, which is hereby         (5) "Permit" means a coastal use permit.
 created in the state treasury and designated as the            (6) "Wetlands" means the same as defined in R.S.
 Coastal Resources Trust Fund, an amount equal to the    49:214.3.
 total amount of funds paid into the treasury by the
                Louisiana coastal resources program.           B.  The secretary shall adopt regulations to require
                                                           mitigation.  The regulations adopted pursuant to the
   (3) The monies in the trust fund shall be invested by     authority of this Section shall require consideration of
 the state treasurer in the same manner as monies in    all relevant factors in determining the extent of mitiga-
 the state general fund.  The monies in the Coastal          tion, including societal and economic value of the
 Resources Trust Fund  shall be used solely for the    proposed activity, ecological values impacted by the
 programs and purposes and in the amounts appropriat-        proposed activity, availability of methods for avoiding
 ed each year to the Louisiana coastal resources pro-    or minimizing the impacts associated with the proposed
 gram by the legislature.                                    activity and for restoring the site impacted  by the
   B.  The Louisiana coastal resources program shall    proposed activity.
 keep a set of books showing from whom every dollar is          C.  Compensatory mitigation. at a level sufficient to
 received and for what purpose and to whom  every            replace or to substitute for the ecological value of the
 dollar is paid and for what purpose.  It also shall keep    wetlands lost as a result of each permitted activity,
 in its file vouchers or receipts for all moneys paid out.    shall be required, unless the permittee has satisfactorily











367                                          STATE ADMINISTRATION                R.S. 49:214.51  to  49:214.54

demonstrated to the secretary that the required mitiga-    tivity, which areas shall in no event exceed two thou-
tion would render impracticable an activity proposed to       sand acres each.
be permitted and that such activity has a clearly over-          (3) Upon designation of a special significance area,
riding public interest.  In such an instance, provided        the regulations adopted by the secretary shall require
that the secretary has decided to issue the permit, the       that a permittee,  in order to receive  a permit  to
secretary shall grant a variance to this compensatory         conduct  an activity having a direct and  significant
mitigation requirement after giving due public notice.        adverse impact on unique or-special resources of such
The secretary shall also provide a statement of finding       area, must demonstrate that the public interest benefits
as to the reasons .for granting such variance.                of the proposed activity clearly outweigh the public
  D.  The secretary shall adopt regulations for evalu-        interest benefits of preserving the unique or special
ating ecological values and for establishing and admin-       ecological values of the area and must, at a minimum,
istering a mitigation credit banking system for compen-       provide full compensatory mitigation for ecological val-
sating the loss of those values, as provided for by this    ue losses associated with the permitted activity.
Section.  The regulations shall, at a minimum, provide           G.  Notwithstanding any other provision of this Sec-
for:                                                          tion to the contrary, in no event shall any regulation
  (1) Criteria under which mitigation credits may be          adopted by the secretary require compensatory mitiga-
earned.                                                       tion for any use or activity which the secretary deter-
  (2) Geographical limitations for the application of    mines is primarily designed, over the life of the project,
mitigation bank credits.                                      to provide a net gain in ecological values by replacing,
                                                            substituting, enhancing, or protecting wetlands, includ-
  (3) Criteria for the use, banking, or sale of banked        ing privately funded marsh management projects or
credits.                                                      plans.
  (4) The approval by the secretary for the earning,          Amended by Acts 1990, No. 1040, ï¿½ 1.
using, banking. or selling of mitigation bank credits.
  (5) Requirements for the maintenance and submis-                            PART II-A.  [BLANK]
sion by the secretary of records concerning ecological
value losses, and credit and debit accounts for each                                 Redesignation
mitigation bank.                                                     A Part designated as Part II-A of Chapter 2
   E.   The owner of  the  land on which a permitted                of Title 49 of the Louisiana Revised Statutes of
activity is to occur shall have the option of requiring            1950  comprised of R.S. 49:214.51  to RS.
on-site or off-site compensatory mitigation on his prop-           49:214.54, relating to a drug policy board, was
ern, notwithstanding any geographical limitation other-            enacted by Acts 1990, No. 1029, ï¿½ 2, effective
wise required by the regulations adopted by the secre-             July 26, 1990, and was redesignated as Part nV
tary, provided that the secretary determines that the              of Chapter 2 conmpripnsed of RS. 49.219.2 to R.S.
proposed mitigation is acceptable and sufficient.                  49:219.4 pursuant to the statutory revision au-
   F.  The secretary may adopt regulations establishing             thorir' of tie Louisiana State Law  Institute.
procedures for defining and delineating proposed "spe-
cial significance areas" which may include areas of           ï¿½ï¿½ 214.51 to 214.54.  [Blank]
particular ecological uniqueness or vulnerability, or
areas which have special ecological values or productiv-               PART III.  POWERS AND DUTIES
ity. The procedures established by the secretary shall
provide as follows:                                                       Termination of Agencies and Orders
   (I) Upon  determining  that the unique or special                  Section 2 of Acts 19S2, No.  687 (ï¿½ 1 of
resources in such area are susceptible to loss as a result         which enacted R.S. 49:215 and amended sub-
of future activities in such area. the secretary may. in           sec. B of R.S. 49:954.1) provided:
accordance with the provisions of R.S. 49:953(A), des-                'All erecutive branch  agencies  created  by
 ignate a special significance area, which area shall in            e.ecutive order, in existence on July 1. 1982.
 no event exceed two thousand acres.  The designation               shall terminate on July 1. 1983. unless specifi-
of the area as one of special significance shall expire on         call! terminated by law or hb creeutive order or
 the first dav of July of the year following the designa-           unless statutorih created prior to that tdate.  All
 tion and the area, or any part thereof. shall not be               executive orders in effect on July 1. 1982 shall
 subject to redesignation as such except by the legisla-            he ineffective on and after April 11. 1984. unless
 ture as set forth below.                                           previously  temitnated by statute or crecutive
   (2) The sccretary may propose to the legislature and            order
 thereafter the legislature may. by concurrent resolu-                Acts 1982  .No  6S7. .  2. was repealed by
 tion. delineate special significance areas upon finding            Acts 1984. No  778. ï¿½ 2. effective September 3.
 that an area is of particular ecological uniqueness or             1984.  Prior to repeal. ï¿½ 2 of Acts 1982. No
 vulnerabillty or has special ecological values or produc-         &tN7. , as suspended froml noon r March 12. 1984.















                0~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~













                                                        APPENDIX C
                                                   SAMPLE FORMS


S









                   LOUISIANA DEPARTMENT OF NATURAL RESOURCES
                             COASTAL MANAGEMENT DIVISION

                                   SPECIAL PUBLIC NOTICE

Landowner Notification

Act 970 of the 1993 Regular Session of the Louisiana Legislature requires applicants for Coastal Use
Permits to notify the owner of the property where the proposed activity is to occur, of the proposal. Prior
to a Coastal Use Permit application being considered complete, the applicant must provide the Coastal
Management Division with an affidavit attesting that the landowner has been notified.


A copy of a Coastal Management Division approved Landowner affidavit is attached to this Public Notice
and Coastal Management Division recommends that this formn be used. However, equivalent forms,
containing the same information, will be accepted.




Please direct any questions regarding this matter to Rocky Hinds, Permit and Mitigation Manager,
at 1-800-267-4019.









                              AFFIDAVIT OF NOTIFICATION TO OWNER OF PROPERTY


              STATE OF LOUISIANA
              PARISH OF


              I,                                                       , am applying to the Coastal Management Division
              of the Louisiana Department of Natural Resources for a Coastal Use Permit for the purpose of:



              This activity is to occur on the following described property:





                      Further, with regard to ownership of the above described property (check appropriate block):


                             I am the owner of the property on which the above described activity is to occur.
               *h~~~~~ ~~OR
                             I have made every reasonable effort to determine the identity and current address of the
                             owner(s) of the land on which the above described use is to occur, which included, if
                             necessary, a search of the public records of the parish. The owner(s) and their address(es)
                             are as follows (use additional sheets of paper as required):





              A copy of the application has been distributed to the above listed owner(s).


              Signed this                           day of                               ,19
              BY:



                              APPLICANT


 








                               APPUATION FOR DEPARTMENT OF THE ARMY PEMIT                                        lOMB APPROVAL NO. 0710.003
                                                   (33 CAR 3265j                                                 Expires October I1994

     Public I9r*Pwf burden for Wed cafet-don of infoormation Is astirnated to average 5 banr per response. Including the time for reviewing Ins-tuctions.
 .   searching existing dat *sawcea. gathedg WAd maintainiing the data needed, and complerting and reviewing the coalction of informaton. Send
     commenats relwiffrf Oft burden eafImeta or an othe aspect of dus collection of Inforatnion, Incuidng suggestions for reducing this burden. to
     Dep-rentn of Defense, W"Wn*gtan lfemiquartars Service Directoras" of 1.1onaionpsedon  and Reports. 12156 Jefferson Devis Highway. suits
     1 2     flngton.VA  R20432adtoheOfcofMngsutaduge.PewokeectIon Prdoec t07110-0003I. Washington.1DC
     20       loease DO NO RETURN yoaw form to either of those addresesa. Completed applications muist be submitted to the District Engineer having
     jujlictidon over Ome locadion at the proposed wcthey.

                                                               MRVACY ACT STATEMENT
      Authority: 33 USC 401, Section 10; 1413. Section 404. principal Purpose: These laws requite pernits authorizing activities In, or affecting,
      navigable waters of the United States, due diacharge of dredged or fil material Into waters of the Unitd States, and the transportation of diedged
      Material for the purpos, of umnplNg It Into ocean waiters. Rautine'Uses: Information provided an fths lorm wEl to used in evalusting th% application
      for a permi. Diadosur: Disclosur tofa reiuested Information Is voluntary. If information Is not provided, however, the permilt application cannot be
      processed nor can a per..It be Imaed.

      One set of original drawings or good reproducible copies which show the locution and character of the proposed activity rmust be attached to this
      applicatio Isee samiple drawings and Instructional and be submitted to the DistrIct Engineer having )urisdiction over the location of the proposed
      activity. An application that Is not completed In ful wE be retumned.

                                                     ffFEMS I THRC1 4 TO BE FRtLED BY THEF CORPSï¿½
      1. APPUJCATION NO.                j2. FIELD OFFICE CODE           3       .DATE RECEIVED              4.DATE APPLICATION COMPLETED



                                                      ffTEMS BELOW TOMB FXLLED SY AP~FUCAN71
      5. APPLICANT'S NAME                                                      9. AUTHORIZED AGENT'S NAME AND TITLE imn *aw.  a mr. rerL*,



      S. APPLICANT'S ADDRESS                                                   9. AGENT'S ADDRESS




      7. APPLICANT'S PHONE NOS. WIAREA CODE                       IO. AGENT'S PHONE NOS. WIAREA CODE
*        ~~a. Rsdnea. Residence

             ktaamnesa                                                            b. Buin

                   11.                                      ~~~~~~~~~STATEMENT OF AUTHORIZAT10N
      I hereby authorize,                                                      to act In my behalf as my agent in the processing of this application and to
      furnish, upon requiest, supplemental Information in support at this permit appication.





                 APPUCANT'S SIGNATURE                                                                               DATE


                                             NAME. LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
      12. PROJECT NAME OR TITLE twa bmmoo~wu




      13. NAME OF WATERBODY, IF KNOWNr pacowi                                  14. PROJECT STREET ADDRESS srpaaae



      IS. LOCATION OF PROJECT


                      COUNTY                                STATE

      IS. OTHER LOCATION DESCRIPTIONS. IF KNOWN. oft mmxw"



 .    17  NtRECTIONS TO THE SITE








      ENG FORM 43-45. Fab 94                                        EDITION OF SEP 91 IS OBSOLETE.                                 Wonrt    tW~

















   I19. r-roject Purpose O.W" m e a'iim srp Aw" at tohc AVAW Am





                                   USE BLOCKS 20-22 IF DPW~OED ANDIOR FILL MATERIAL IS TO BE DLSCHARQM
   20. Reesonis) for Dischawe






    2 1. Type(s) of Material Being Discharged and the Arrnou~nt of Each Type In Cubic Yards




    22. Surface Area in Acres of Wetlands or Other Waters Filled gmehm5




    23. Is Any Portion of the Work Already Complete? Yes - No - IF YES, DESCRIBE THE COMPLETED WORK





*24. A Mresses of Adjoining Property Owners, Leasee". Etc.. Who"e Property Adfjoirs the Waterbody OIf more than can be entered here,
             ;64 alttch a supplemental fa)









    25. List of Other Certifications of Approvals/Derdals Received from other Federal, State of Local Agenbcies for Work Descrbed in This Application.

             AGENCY           TYPE APPROVAL'         IODFT1FICAT1ON NUMBER         DATE APPUED    DATE APPROVED             DATE DENIED





     To the boat of my knowledge the proposed activity described in my permit application complies with a~nd
     will be conducted in a manner that in consistent with the LA Coastal Management Program.
     *Would include but is not restricted to zoning, budi~ng and flood plain Permits

    26. Application is hereby made for a permit or permits to authorize the work described In this application. I certify that the inforrmation in ti
         application Is complete and accurate. I further certify tha I possess the authority to undertake the work described herein or em acting as the
         duty authorized agent of the applicant.


                 SIGNATURE OF APPUCANT                           DATE                  SIGNATURE OF AGENT                        DATE

        The application muist be signed by the person who desires to undertake the proposed activity lapplicant) or It may be signed by a duly
        authorized agen if the statement in block I1I has been filled out and signed.

         I it U.S.C. Section 1 001 provides that: Whioever, in any manvew within the Jurisdiction of any department or agency of the United State
              ingly and willfully falsifies, conceals, or covers Lop any trick. schesme, or dgulises a material fact or makes any false, fictitious or
             ml~err statements at representations or makes or uses any false writing or document knowing same to contain arry failses, ficfttou or
        frauduklent statementsorentry, shllbe finednot..mor  thani010.000orImprisoned notmore than five yearsor both.













  SAMPLE DRAWINGS FOR A PERMIT AFPLI CATION

  NOTIE: TM1E DRAWINGS SUIMIT TED NEED NOT BE PREPARED eV A PROFESSIONAL
  DRAFTSMAN AS IN THIESK SAMPLE3.


         3  I*-I%4m   CMANNI.L is APIPROX. 100 FEET      3SAW PE
                        FRMPROPOSID P                   IER~
                           PROPOSED PIER AND
             A A -~~~MOORING PILINGS                                N









                        WAL    4f                                       VICINI~~~~~~~SRETY MAP



                                  ~~~~~~~~~~~~~~~CLOE IN EE



              ego4 NANFIL AN




                                                   LOT 24
                                                                 NOTES:
                                                                 1. ALL DEPTN2 USED ON
                  -1.                                               ML~~~~~~~~~~~~fw' 0.00 FT.
                                                                 2. FILTER CLOTX WILL It
                                                                   USED BEHIND BULKHEAD
                                    us & 91.11.11MC~~~3UIJLKTO 70 S PLACED
                                                                   WWND "RIN" WETLANDS
                                                                 4. APP"X.I tocu. yos. OF





                                           PLAN    ~     ~ UIEWAND                FILL





        PROW19oI~ LNVIDEW BAMFIL

DATUM: mLW            a----------                                 IN: WM! BRANCH NAVIN RIVER
Nw=ACNT PROPERtTY OWNER*                     IT BLE ARO
1. MARY L. CLARK                     FRIDK R. HARRIS    A l         LEK
         t HAMY K  HAMPTON  IM66 WEST SRANCH NO"D                 COUNTYar OWN ElM EWARO ITAITZ MD
         2. MARRY N. HAMPTON         UDUE HARBOR, MD 21703        APftUCATfflU BY: FRED N. HARRIS

                                                                    $NTI OFII DATE 10-14-42

















                                                2-10"OPOLES ON G'CEIYTERS    *.o MOIGPILINGS
                                                TO If LEFT STANDING 4 '     ON 10 -CENTEIRS TO BIE
                                                 ABOVE DICK        -    ~ L FT 3TANOING
           PROPOSED BULKHEAD AND FILL                             f*           7ABOV  iNW Adm


                    /~ ~ ~~~~~~1                           Is'. 
                                         ~~~~~~INDS ~ ~   ~     ~       8 %NUTS AND BOLTS




                                                     .~~-  '~ -      .PO~fXIST BOTTOM.

                      BULXMEAD        0PILE            9" 95PiL9
                      PILING I6   1 S' LOI             20, LONG  -1-       21' LONG MIE 
                                     WITI M10'         WITH la#           WIT fill IN
                        01,00'  a e Gon41UND           IN GROUND           GROUND      N-

                                          I~~~~~~~ SECTION A-A
                   0  DENOTES DIAMET1110411

                                   PILL, AMEA VARIIES aI ex~ CAP
                          'ROPOSED GRADE                   /  ~~~~SOI"(WALES 2-OUTSIDEINID
                                                                       TOP AND BOTTOM
                           UPLAND PILL                             40PILINGS am a' CENTERS










                                               ~~~~~~NOTE
                                                               L. AILL TIMBER IINCLUDING PIER) PRESSURE
                                                                 ANB CEMI9Ca TREATED
                                                               3. ALL HARDWARE (INCLUDING 1PIER1) NOT
                                 SECTION 9-9                      0I~~~PPED  ALVANI290
                                 SECTION~~~~~~~~~ SBU            5LKHEAD TO K PLACED BEH19ING
                  CONSTRUCTION OCTAL                               PRINGE WET LAND*
               PRPOED 9ULKHEAO: EL~vMTION                        4L APPRQX- 200 CML MU  OF UPLAND FILL
                            46  0        4~~~~~'  ~    ~        ~~.-4S1'- WMT G'LAMIE AS



         PURPOWM PREVOT EROSIN0111 AMD           SECI~  i                       RPSD BULKHEAD PIER
                 ACC M  BAInG                                                             PLL
        cr.mFRDATM.  HARI IN, WMS WIACM HAVEN RIVERI
         ADJMENT PROPER1TY OWNERS11:        FE       HRI
        L MAWY L CLARKI                    662 WEST BRANCH ROAD             AT:. KMJ HRUMP
.        2 HL ASTY N. HAmpTON                BLUE HARBOR, MD 21703           COw??Y OF- KINm COMMR  SUTE MO
         L                                                                   APPU CAION FBY- FRED R. KARRI1S
                                                                            SlWICEIlP2 DATE 10-16-62


















































This public document was published at a cost of $981.36. Two hundred copies of this public
document were published in this printing at a cost of $981.36. The total cost of all printings of
this document, including reprints, is $981.36. This document was published by the Department
of Natural Resources, P.O. Box 44487, Baton Rouge, Louisiana 70804, to inform the public
about Coastal Zone Management under authority of 16 U.S.C. 1451,et seq., and La R.S.49:214.21
et seq. This material was printed in accordance with the standards for printing by state agencies
established pursuant to La. R.S. 43:31.





                                                                    DRAFT FINAL 8/5/96

                   LOUISIANA COASTAL NONPOINT PROGRAM
                             FINDINGS AND CONDITIONS

INTRODUCTION

       The U.S. Environmental Protection Agency (EPA) and the National Oceanic and
Atmospheric Administration (NOAA) approve the coastal nonpoint pollution control program
submitted by the State of Louisiana pursuant to Section 6217(a) of the Coastal Zone Act
Reauthorization Amendments of 1990 (CZARA), subject to certain conditions.

       This document provides the specific findings used by NOAA and EPA as the basis for the
decision to approve the State's program. It also provides the rationale for the findings and
includes the conditions that have been established for Louisiana to receive final approval of its
program.

       NOAA and EPA have written this document as succinctly as possible. The references in
this document to page numbers and text refer to the Louisiana Coastal Nonpoint Pollution
Control Program. October 1995 ("program submittal"). We have relied upon, but do not repeat
here, the extensive information that the State included in the program submittal. Further
information and analysis is contained in the administrative record for this approval decision and
may be reviewed by interested parties at the following locations:

EPA/Office of Wetlands, Oceans and Watersheds
Assessment & Watershed Protection Division
Nonpoint Source Control Branch
401 M St., SW (4503-F)
Washington, DC 20460
Contact: Chris Zabawa (202/260-7101)

NOAA/Office of Ocean and Coastal Resource Management
Coastal Programs Division
SSMC-4, N/ORM3
1305 East-West Highway
Silver Spring, MD 20910
Contact: Jewel Griffin (301/713-3109, x163)

U.S. EPA Region 6
Ecosystems Protection B 'anch (6WQ-EM)
1445 Ross Avenue
Dallas, Texas 75202
Contact: Darlene Coulson (214/665-7455)





I.  BOUNDARY






                                                                           DRAFT FINAL 8/5/96

FINDING: Louisiana's proposed 6217 management area excludes existing land and water uses
that have or are reasonably expected to have a significant impact on the coastal waters of the
State.

CONDITION: The Louisiana Department of Natural Resources (LDNR), Louisiana
Department of Environmental Quality (LDEQ), EPA, NOAA, and other appropriate State, local,
and federal agencies will participate in a cooperative process to review relevant information and
to determine an appropriate 6217 management area boundary for Louisiana consistent with
established national guidance for the 6217 program.

RATIONALE: Louisiana's proposed 6217 management area consists of the State's existing
coastal zone, comprising all or parts of 19 parishes. The State's proposal represents a substantial
reduction of the NOAA recommended 6217 management area.

Based on a review and analysis of water quality information in the State's 1992 and 1994 section
305(b) reports and information from the Barataria/Terrebonne National Estuary Program (NEP),
NOAA and EPA have determined that there are agricultural sources in the upper reaches of the
Barataria and Terrebonne basins (inland of Louisiana's proposed 6217 management area) that
have significant impacts on estuarine water quality. A study conducted by the Barataria/
Terrebonne NEP concludes that both the Barataria and Terrebonne estuaries have been
negatively affected by inputs of nutrients and contaminants'. The report states that agricultural
activities in the upper basins (landward of the State's proposed 6217 management area) have a
significant effect on these estuaries. The study also finds that agricultural runoff is significant in
terms of nutrient loadings. The wetlands in these basins incompletely buffer the effects of
increased nutrient loadings on water quality2.

Within the Lake Ponchartrain Basin, the 1992 section 305(b) report indicated that 68 miles of the
Tickfaw River were impaired by silvicultural sources and only partially supported uses. In the
1994 305(b) report, these 68 miles were again listed as not supporting designated uses. The
water body segment (040502) that drains to the estuarine waters of Lake Maurepas was listed in
the 1992 section 305(b) report as threatened due to nonpoint sources (unspecified), agriculture,
silviculture, construction and urban runoff.

The State's 305(b) report for 1992 also indicated that the Tangipahoa River basin was only
partially supporting uses, in part due to nonpoint source impacts from agricultural, construction
and urban runoff, and silvicultural sources. The 1994 305(b) report also indicated that uses in the
basin were only partially supported and listed pasture land, feedlots, animal holding facilities,
forest management, land development and septic systems as identified problems. Based on
demographic information, it is also evident that there is considerable conversion of land to urban


1.     Rabalais, N.N., Q. Dortch, et al., 1995. Status and Trends of Eutrophication, Pathogen Contamination and Toxic
Substances in the Barataria and Terrebonne Estuarine System. BTNEP Pub. No. 22, Barataria-Terrebone National Estuary
Program, Thibodaux, LA.

2.     February 1, 1996 memorandum from Barbara Keeler to Darlene Coulson. In that memorandum Ms. Keeler stated that
she "would support a boundary that includes the entire watersheds of the Barataria and Terrebonne basins. These areas are not
completely incorporated within the State's current coastal zone boundary. Aericultural activities in those unter basins have a
significant effect on the estuaries [emphasis added]."

                                                 2





                                                                      DRAFT FINAL 8/5/96

uses in the Florida Parishes, as many communities have significantly increased population in the
last five to ten years. This increasing urbanization can result in potentially significant impacts to
the State's coastal waters.

Louisiana will need to ensure that its program is in conformity with the 6217(g) management
measures and includes enforceable policies and mechanisms to ensure implementation
throughout the entire 6217 management area determined by the cooperative process envisioned
above. In many cases, existing State programs already apply statewide. However, as noted in
the findings and conditions below, some of these programs are limited in geographic scope and
others need to be otherwise modified to ensure implementation of the 6217(g) management
measures throughout the 6217 management area.

II. AGRICULTURE

FINDING: Louisiana's program does not include management measures in conformity with the
6217(g) guidance and does not include enforceable policies and mechanisms to ensure
implementation, except for a back-up authority for the pesticide management measure.

CONDITION: Within three years, Louisiana will include in its program management measures
for agricultural sources in conformity with the 6217(g) guidance and enforceable policies and
mechanisms to ensure implementation of the agricultural management measures throughout the
6217 management area. Within one year, Louisiana will develop a strategy (in accordance with
Section XIV, page 17) to implement the pesticide management measure throughout the 6217
management area.

RATIONALE: In the program submittal, Louisiana states that the coastal nonpoint program
will "address" the seven agricultural management measures "recommended" by NOAA and
EPA. It is not clear from this statement that the State intends to implement the 6217(g)
management measures on all applicable land in the 6217 management area. On pages IVA-12 to
IVA-36 of the program submittal, Louisiana describes a number of State and federal programs
that rely on education, technical assistance, and voluntary initiatives to address certain elements
of the agricultural management measures, but Louisiana does not describe how these programs
will implement each of the agricultural management measures in the 6217(g) guidance.

On pages IVA-41 to IVA-47 of the program submittal, Louisiana provides a matrix for each of
the 6217(g) management measures and lists enforceable policies and mechanisms that, per the
State, can be used to ensure implementation. With the exception of the back-up enforcement
authority identified for the pesticide management measure under the Pesticide Law (LA R.S.
3:3201-3376), the citations listed do not provide authority to ensure implementation of the
agricultural management measures. For example, the statute listed for the erosion and sediment
control management measure provides enabling authority to the Soil and Water Conservation
Committee to promulgate rules and regulations, but no rules and regulations are cited and there
does not appear to be any linkage of this authority to the management measure. Also, section
2076 (A)(2) of the Louisiana Water Control Law (LA R.S. 30:2071-2078) exempts "any
unintentional nonpoint-source discharge resulting from or in connection with the production of
raw agricultural, horticultural, or aquacultural products" from coverage under the law.



                                              3





                                                                         DRAFT FINAL 8/5/96

Louisiana has convened a broad cross-section of the agricultural community to identify best
management practices (BMPs) that can be used to implement the management measures. BMP
study manuals have been developed for cotton, dairy, rice, sugarcane, feed grains, poultry
production and soybeans. These manuals have not yet been finalized and the State has not
described how it will use the practices contained in these manuals, in concert with existing
programs and authorities, to achieve widespread implementation of the management measures.
In addition, a schedule for implementation was not presented.

Finally, with regard to Confined Animal Facilities, the State's Concentrated Animal Facility
Regulations (LAC Title 33, Part IX Section 301(J)) authorize the Department of Environmental
Quality (DEQ) to designate some animal feeding operations3 within the scope of the
management measures as concentrated animal feeding operations if the facility discharges
pollutants directly to surface waters through ditches or if a waterbody flows through facility.
Therefore, some animal feeding operations may be exempted from the coastal nonpoint program
requirements if they have an NPDES permit. However, many facilities that are subject to the
management measure for large unit confined animal facilities management and all facilities
subject to the measure for small units will not be subject to the NPDES permits.

III. FORESTRY

FINDING: Louisiana has not provided sufficient justification to support a categorical exclusion
of forestry from its coastal nonpoint program.

CONDITION: Within three years, Louisiana will include in its program management measures
for forestry in conformity with the 6217(g) guidance and enforceable policies and mechanisms to
ensure implementation throughout the 6217 management area.

RATIONALE: Louisiana has identified waterbodies in its section 305(b) reports that are
impaired by forestry. Of the 890 miles of assessed rivers within the existing coastal management
area, there are 59 river miles listed as being impaired by silviculture, including segments of the
Tangipahoa River and other segments within the Lake Pontchartrain basin. As indicated by these
impacts and information on harvesting activity included in the program submittal, the State has
not demonstrated that forestry sources do not, and are not reasonably anticipated to, present
significant adverse effects to Louisiana's coastal waters.

Louisiana has a commendable Recommended Forestry Best Management Practices for Louisiana
handbook (1988) which addresses many of the management measures. These include guidelines
for streamside management zones, permanent access roads and road construction, timber
harvesting, reforestation, and forest chemicals. Education and outreach programs have been
instrumental in increasing the adoption of these practices by forest landowners and timber
harvesters.




3.     Thresholds for designating concentrated animal feeding operations include: 300 or more head of beef, 150 or more
horses, 200 or more head of dairy cows, 30,000 or more layers/broilers or 9,000 or more layers/broilers (using liquid manure),
16,500 or more Turkeys, and 750 or more head of swine, if conditions described above are met.

                                               4





                                                                      DRAFT FINAL 8/5/96

In addition, the Louisiana Office of Forestry regularly conducts standardized forestry BMP
compliance surveys. The BMP compliance rate has increased from 10% (based on a Soil
Conservation Service Survey) in 1981 to 51% (based on a survey conducted by the Louisiana
Office of Forestry) in 1991. A more recent (1994) survey shows adoption of forestry BMPs on
nearly 80% of the 400 individual forestry operations surveyed statewide. While these figures are
encouraging, more widespread use of Louisiana's forestry BMPs is clearly needed.

EPA and NOAA commend the use of on-site compliance checks and audits by State, private, and
industry personnel to help ensure implementation of Louisiana's best management practices in all
phases of silvicultural activity. We encourage Louisiana to incorporate existing forestry
programs, including the State's Recommended Forestry Best Management Practices for
Louisiana, into the coastal nonpoint program.

IV. URBAN

A.  NEW DEVELOPMENT and SITE DEVELOPMENT

FINDING: Louisiana's program includes management measures in conformity with the 6217(g)
guidance and enforceable policies and mechanisms to ensure implementation, except the
management measures and authorities do not apply throughout the 6217 management area or to
all applicable activities and Louisiana's program does not include management measures to
reduce the average annual loadings of total suspended solids by 80 percent. For areas and
activities not covered by the State's existing program, Louisiana has identified backup
enforceable policies and mechanisms but has not yet demonstrated the ability of these authorities
to ensure widespread implementation throughout the 6217 management area.

CONDITION: Within three years, Louisiana will include in its program management measures
to reduce average annual loadings of total suspended solids by 80 percent. Within one year,
Louisiana will develop a strategy (in accordance with Section XIV, page 17) to implement the
new development and si,e development management measures throughout the 6217 management
area.

RATIONALE: The Louisiana Department of Natural Resources (DNR)/Coastal Management
Division (CMD) administers the Coastal Use Permit Program, which was established under the
Louisiana State and Local Coastal Resources Management Act of 1978 (LA R.S. 49:214.21-
214.41). The Coastal Use Permit Program requires permits for land use activities within the
State's designated coastal zone that involve dredging, fill, or other earth-moving or drainage
impacting activities. The State has issued Coastal Use Guidelines that it uses to review and issue
permits under the Coastal Use Permit Program. The Guidelines require that runoff from
developed areas shall to the maximum extent practicable be managed to simulate natural water
patterns, quantity, and rate of flow and thus are in conformity with the second component of the
new development management measure regarding the maintenance of post-development peak
runoff rates and average volumes at pre-development levels. The Guidelines also conform with
the components of the site development management measure by specifying that best preventive
techniques be used to avoid the undesirable deposition of sediments in sensitive habitat or
navigation areas; site clearing be limited, to the maximum extent practicable, to those areas
immediately required for physical development, and significant reductions or blockage of water

                                              5





                                                                       DRAFT FINAL 8/5/96

flow or natural circulation patterns within or into estuarine systems or wetland forests be avoided
to the maximum extent practicable. While the Guidelines require that "runoff from developed
areas shall to the maximum extent practicable be managed to simulate natural water ... quality,"
the guidelines do not include specific provisions to reduce the average annual loadings of total
suspended solids by 80 percent.

The Coastal Use Permit Program ensures implementation of the measures within the State's
existing coastal zone, except it does not apply to construction of single family residences, except
where dredging or filling is involved, and typically exempts activities occurring wholly on lands
5 feet or more above mean sea level or within "fastlands" as defined by the program. In areas 5
feet or more above mean sea level and in "fastlands" within the coastal zone, Louisiana has
identified a backup enforceable authority (LAC Title 43, Part I, Section 723(B)(2)(b)) that
provides that if the Secretary of DNR finds that a proposed activity would have a direct and
significant impact on coastal waters, a Coastal Use Permit is required. In areas outside the
existing coastal zone, Louisiana has identified its water quality standards (LAC Title 33, Part IX,
Chapter 11) as providing the State with backup enforcement authority when the water quality
standards are violated. However, the State has not yet demonstrated the ability of either of these
back-up authorities to ensure the widespread implementation of the measures throughout the
6217 management area.

B.  WATERSHED PROTECTION and EXISTING DEVELOPMENT

FINDING: Louisiana's program includes management measures in conformity with the 6217(g)
guidance, except it does not include management measures to identify priority watershed
pollutant reduction opportunities, establish a schedule for implementing appropriate controls, or
preserve, enhance and establish buffers along waterbodies and their tributaries, and the
management measures only apply to a limited area. The program includes enforceable policies
and mechanisms to ensure implementation, except that they do not apply throughout the 6217
management area or to all applicable activities. For areas not covered by the State's existing
program, Louisiana has identified backup enforceable policies and mechanisms to implement the
management measures, but the State has not yet demonstrated the ability of these authorities to
ensure widespread implementation throughout the 6217 management area.

CONDITION: Within three years, Louisiana will include in its program management measures
in conformity with the 6217(g) guidance to identify priority watershed pollutant reduction
opportunities, establish a schedule for implementing appropriate controls, and preserve, enhance
and establish buffers along waterbodies and their tributaries. In addition, within one year,
Louisiana will develop a strategy (in accordance with Section XIV, page 17) to implement the
watershed protection and existing development management measures throughout the 6217
management area.

RATIONALE: Louisiana does not currently have a comprehensive watershed program. The
Coastal Use Guidelines, which are used by the State to review and issue Coastal Use Permits for
development activities oc-curring within the State's coastal zone, provide a mechanism to
implement several of the components of the watershed protection and existing development
management measures. For example, the Guidelines state that significant land loss and erosion,
as well as adverse alteration or destruction of unique or valuable habitats, critical habitat for

                                              6





                                                                       DRAFT FINAL 8/5/96

endangered species, important wildlife or fishery breeding or nursery areas, designated wildlife
management or sanctuary areas, and forestlands, must be avoided to the maximum extent
practicable. The Guidelines also require that significant reductions or blockage of water flow or
natural circulation patterns within or into estuarine systems or wetlands forest must be avoided to
the maximum extent practicable. Moreover, the Guidelines require that surface alterations, to the
maximum extent practicable, are located away from critical wildlife areas and vegetation areas
and prohibit surface alterations to the maximum extent practicable that have high adverse
impacts on natural functions.

The State's program, however, does not include a means for identifying priority local and/or
regional watershed pollutant reduction opportunities or for developing a schedule for
implementing appropriate controls. In addition, except for the State's Natural and Scenic Rivers
Act (LA R.S. 56:1841 et seq.), which prohibits channelization; clearing and snagging; channel
realignment; reservoir construction; and commercial clear cutting of timber within one hundred
feet of the low water mark in designated Scenic Rivers, Louisiana's program does not provide a
means for preserving, enhancing and establishing buffers along waterbodies and their tributaries.

For areas five feet or more above mean sea level and in fastlands within the coastal zone,
Louisiana has identified a back-up enforceable authority (LAC Title 43, Part I, Section
723(B)(2)(b))) and, for areas outside the existing coastal zone, the State's water quality standards
(LAC Title 33, Part IX, Chapter 11), but has not yet demonstrated the ability of these authorities
to ensure the widespread implementation of the measures throughout the 6217 management area
(see the discussion of these authorities in the new development and site development section
above).

C.  CONSTRUCTION SITE EROSION AND SEDIMENT and CHEMICAL
       CONTROL

FINDING: Louisiana's program does not include management measures in conformity with the
6217(g) guidance for construction site erosion and sediment and chemical control. The program
includes enforceable poliqies and mechanisms to ensure implementation, except that they do not
apply to all applicable activities and only apply to a limited area. Louisiana has identified
backup enforceable policies and mechanisms, but the State has not yet demonstrated the ability
of these authorities to ensure implementation of the management measures throughout the 6217
management area.

CONDITION: Within three years, Louisiana will include in its program management measures
in conformity with the 62i7(g) guidance for construction site erosion and sediment and chemical
control. Within one year, Louisiana will develop a strategy (in accordance with Section XIV,
page 17) to implement the construction site erosion and sediment and chemical control
management measures throughout the 6217 management area.

RATIONALE: In its program submittal, Louisiana cites the Coastal Use Guidelines and
Coastal Use Permitting Program as providing management measures and enforceable policies
and mechanisms to implement the construction site erosion and sediment control management
measure. While the Guidelines require that surface alteration sites and facilities are designed,
constructed, and operated using best practical techniques to prevent the release of pollutants or

                                              7





                                                                       DRAFT FINAL 8/5/96

toxic substances into the environment, they do not specify that sediment be retained on site to the
extent practicable or that an approved erosion and sediment plan be developed and implemented
prior to construction activities.

In terms of the construction site chemical control management measure, the program includes the
Guidelines mentioned above, as well as the Louisiana Pesticide Law, which regulates restricted
use pesticides and requires certification of private and commercial applicators. These authorities,
however, do not include measures to limit the application, generation, and migration of toxic
substances common to construction sites other than regulated pesticides, such as fertilizers, oil,
gasoline, grease, and other solvents. The State's Hazardous Waste Control Law regulates
the manufacture, transportation, use and disposal of hazardous waste. The law or regulations,
however, do not include specific measures in conformance to the (g) measures for construction
site chemical control. Also, Louisiana's program does not provide measures for ensuring the
application of nutrients at appropriate rates.

As discussed in the new development and site development section above, the Coastal Use
Guidelines are implemented through the coastal use permit program within the existing coastal
zone, but do not apply to single family residences and do not ensure implementation throughout
the 6217 management area. While the State's Hazardous Waste Control Law and regulations
may provide a possible enforceable policy and mechanism to implement the chemical control
management measure, the State has not demonstrated that it can be used to ensure the proper
storage and disposal of such materials. Louisiana has identified its Water Pollution Control Law
(R.S. 30:2071-2078), which prohibits the discharge into any water of the State any waste or any
other substance that will tend to cause water pollution in violation of any rule, order or
regulation, in conjunction with the State's water quality standards (LAC Title 33, Part IX,
Chapter 11) as a backup enforceable policy and mechanism to ensure implementation of these
management measures. However, the State has not yet demonstrated the ability of these back up
authorities to ensure the widespread implementation of the measures throughout the 6217
management area (see discussion of these authorities in the new development and site
development section above).

D.   NEW and OPERATING ONSITE DISPOSAL SYSTEMS (OSDS)

FINDING: Louisiana's program includes management measures in conformity with the 6217(g)
guidance and enforceable policies and mechanisms to ensure implementation throughout the
6217 management area, except the program does not include measures for (1) nitrogen-limited
surface waters, (2) adequate separation distances between OSDS systems and groundwater that is
closely hydrologically connected to surface waters, and (3) the inspection of OSDS at a
frequency to ascertain whether OSDS are failing.

CONDITION: Within three years, Louisiana will include in its program management measures
in conformity with the 6217(g) guidance for (1) protection of nitrogen-limited surface waters, (2)
adequate separation distances between OSDS system components and groundwater that is
closely hydrologically connected to surface waters, and (3) the inspection of OSDS at a
frequency to ascertain whether OSDS are failing.



                                              8





                                                                       DRAFT FINAL 8/5/96

RATIONALE: The State's Sanitary Code requires that plans and specifications for new
individual sewage treatment systems be reviewed and approved by the Louisiana Department of
Health and Hospitals (LDHH) in accordance with the State's Regulations Controlling the Design
and Construction of Individual Sewage Systems (Appendix A of Chapter xm of the Code).
These regulations provide for placement of systems only in suitable areas and require adequate
protective setbacks. The 24-inch separation distance between systems and groundwater called
for in the regulations, however, is insufficient to meet the New OSDS management measure,
which requires that OSDS be designed or sited at a density so as not to adversely affect surface
waters or groundwater that is closely hydrologically connected to surface waters. In addition,
neither the Sanitary Code nor the regulations provide for the use of denitrification systems where
nitrogen-limited surface waters may be adversely affected by excess nitrogen loadings from
onsite systems or for adequate inspections of operating systems.

The LDHH/Office of Public Health administers a permitting system under the State's Sanitary
Code for the installation and modification of individual sewage treatment systems. In the case of
individual mechanical plants, the Code ensures proper installation by requiring a certificate of
proper installation from the licensed installer who performs the installation. For all other types
of systems, the Code requires a site inspection to certify that systems have been properly
installed. In addition, according to the State's program submittal, of the nineteen parishes that
are all or partly in the State's existing coastal zone, sixteen require an inspection certificate before
connections to public electric and water utilities will be made. We encourage the State to work
with remaining local jurisdictions to improve local oversight of OSDS.

E.  POLLUTION PREVENTION

FINDING: Louisiana's program includes management measures in conformity with the 6217(g)
guidance.

RATIONALE:  In the program submittal, Louisiana describes several existing programs and
activities that implement the components of this management measure. These include the
Louisiana Cooperative Extension Service's programs, demonstrations and outreach activities
related to the implementation of best management practices for lawns and gardens, and the
Home*A*Syst program, a public education and outreach program to distribute information on
pollution prevention to urban consumers.



F.  ROADS. HIGHWAYS. AND BRIDGES

FINDING: For federally and State funded roads, highways and bridges, Louisiana's program
includes management measures in conformity with the 6217(g) guidance, except for the
operation and maintenance and runoff systems management measures. For local roads, highways
and bridges subject to the coastal use permit program, Louisiana's program includes management
measures in conformity with the 6217(g) guidance, except for the construction site erosion and
sediment and chemical control measures. Louisiana's program includes enforceable policies and
mechanisms to ensure implementation, except for local roads, highways and bridges outside of
the area subject to the coastal use permit program. Louisiana has identified backup enforceable

                                              9





                                                                       DRAFT FINAL 8/5/96

policies and mechanisms:. but has not yet demonstrated the ability of these authorities to ensure
widespread implementation throughout the 6217 management area.

CONDITION: Within three years, Louisiana will include in its program management measures
for federally and state funded roads highways and bridges in conformity with the 6217(g)
guidance for the operation and maintenance and runoff systems measures. Within three years,
the State will include in its program management measures for local roads, highways and bridges
subject to the coastal use permit program in conformity with the 6217(g) guidance for the
construction site erosion and sediment and chemical control measures. Within three years, for
local roads, highways and bridges outside of the area subject to the coastal use permit program,
the State will include in its program management measures in conformity with the 6217(g)
guidance for all of the roads, highways and bridges management measures.

Within one year, Louisiana will develop a strategy (in accordance with Section XIV, page 17) to
implement the management measures for roads, highways and bridges that are located in the
6217 management area but are outside of the area subject to the coastal use permit program.

RATIONALE: Louisiana's program includes management measures for planning, siting and
development, bridges, and construction site controls for federally and State funded roads,
highways and bridges. The Louisiana Department of Transportation and Development (LDOTD)
uses American Association of State Highway Transportation Officials sediment control
guidelines and its own standard contract specifications, which require protection of waters and
drainageways, erosion and sediment controls, preconstruction conferences, and control of
construction fuels and chemicals. However, Louisiana's program does not include management
measures for either the operation and maintenance or runoff systems for roads, highways and
bridges.

The LDOTD has developed standard contract plans and specifications, requires surety
construction bonds, and has inspection and stop work authority to assure implementation of the
planning, siting, and development, bridges, and construction site erosion and sediment and
chemical control management measures for its projects.

The Coastal Use Guidelines for linear facilities (e.g. roads, highways and bridges) require that
these facilities be "planned, designed, located and built using the best practical techniques to
minimize disruption of natural hydrologic and sediment transport patterns, sheet flow and water
quality...." However, the Coastal Use Guidelines do not include specific measures to control
erosion, sediment, and chemicals during construction of roads, highways and bridges.

The Coastal Use Permit orogram implements the planning, siting, and development and bridges
measures and regulates all construction activities for new road, highway and bridge development,
except that it applies only within a limited area. For areas outside of this jurisdiction, Louisiana
has identified a back-up enforceable authority, (LAC Title 43, Part I, Section 723(B)(2)(b))), and
the State's water quality standards (LAC Title 33, Part IX, Chapter 11), but has not demonstrated
the ability of these authorities to ensure the widespread implementation of the roads, highways
and bridges management measures throughout the 6217 management area (see the discussion of
these authorities in the new development and site development section above).


                                              10





                                                                      DRAFT FINAL 8/5/96

V.  MARINAS AND RECREATIONAL BOATING

FINDING: Louisiana's program includes management measures in conformity with the 6217(g)
guidance for siting and design, except that it does not include management measures for storm
water runoff and fueling station design. Louisiana's program includes management measures in
conformity with 6217(g) measures for marina and boat operation and maintenance, except for
petroleum control, boat cleaning, maintenance of sewage facilities, and boat operation.
Louisiana's program includes enforceable policies and mechanisms to ensure implementation of
the measures, except for petroleum control, boat cleaning, maintenance of sewage facilities, and
boat operation. Louisiana has identified backup enforceable policies and mechanisms to
implement the petroleum control, boat cleaning, maintenance of sewage facilities, and boat
operation management measures, but the State has not yet demonstrated the ability of these
authorities to ensure implementation throughout the 6217 management area.

CONDITION: Within two years, Louisiana will include in its program management measures
in conformity with the 6217(g) measures for storm water runoff, fueling station design,
petroleum control, boat cleaning, maintenance of sewage facilities, and boat operation. Within
one year, Louisiana will develop a strategy (in accordance with Section XIV, page 17) to
implement the management measures for petroleum control, boat cleaning, maintenance of
sewage facilities, and boat operation.

RATIONALE: The Coastal Use Guidelines include measures to: site and design marinas to
avoid obstruction of water circulation; submit information on water regimes including water
quality, circulation, and flow; avoid generally and specifically adverse impacts to wetlands,
submerged aquatic vegetation and shellfish beds; and use non-structural shoreline stabilization or
ensure that structural controls are used to avoid introduction of pollutants and toxic materials.
However, the State lacks specific measures for storm water runoff and fueling station design. As
acknowledged in the program submittal, Louisiana's program does not include measures in
conformity with 6217(g: measures or specific enforceable policies and mechanisms for marina
and boat operation and maintenance for petroleum control, boat cleaning, maintenance of sewage
facilities, and boat operation. The State proposes to complete development of an approved list of
BMPs for marinas and bcatyards based on the management measures and associated practices in
the 6217(g) guidance.

As described previously, the Coastal Use Permitting Program provides an enforceable policy and
mechanism to ensure impliementation of the marina siting and design management measures.
The Coastal Use Permitting Program can also be used to implement some of the marina and boat
operation and maintenance management measures by requiring that the BMPs for these measures
are adhered to as conditions of the coastal use permit issuance. The BMP list for each
management measure wi l be made a part of coastal use permit applications as required
conditions for permit apprloval. Compliance with permit conditions will be ensured by periodic
monitoring by State field investigations staff. The Louisiana Water Control Law and State
Sanitary Code provide back-up authorities that can be used for the petroleum control, boat
cleaning, maintenance of sewage facilities, and boat operation management measures.

As described in the program submittal, Louisiana could further improve implementation of both
the siting and design and operation and maintenance management measures through adoption of

                                              11






                                                                        DRAFT FINAL 8/5/96

 the proposed Louisiana 6217 Best Management Practices for Marinas and Recreational Boating.
 We encourage the State to complete development of this document and formally adopt it for use
 in reviewing permits for new and expanding marinas under the coastal use permit program and
 for use at existing marinas in order to ensure compliance with state water quality and sanitary
code provisions.

VI. HYDROMODIFICATION

FINDING: Louisiana's program includes management measures in conformity with the 6217(g)
guidance and enforceable policies and mechanisms to ensure implementation, except the
management measures and enforceable policies and mechanisms apply only to a limited area
and the State's program does not include: (1) a process to improve surface water quality and
restore instream and riparian habitat through the operation and maintenance of existing modified
channels; and (2) a process to identify and develop strategies to solve existing nonpoint source
problems caused by streambank or shoreline erosion that do not come up for review under
existing permit authorities. For areas outside of the area subject to control by the Coastal Use
Permit Program, Louisiana has identified backup enforceable policies and mechanisms, but has
not yet demonstrated the ability of these authorities to ensure widespread implementation
throughout the 6217 management area. Louisiana has provided sufficient justification to support
a categorical exclusion for dams within the State's existing coastal management area.

CONDITION: Within three years, Louisiana will include in its program management measures
in conformity with the 6217(g) guidance for the physical and chemical characteristics of surface
waters, instream and riparian habitat, and eroding streambanks and shorelines measures within
the State's existing coastal zone. Within one year, Louisiana will develop a strategy (in
accordance with Section XIV, page 17) to implement the management measures for
hydromodification in areas outside of the area subject to the coastal use permit program.

RATIONALE: Louisiana requires Coastal Use Permits for new channelization activities,
modification of existing channels, new streambank and shoreline stabilization projects, dredge-
and-fill activities in wetlands, and other marsh management activities within its coastal zone.
The Coastal Use Guidelines require that permits be conditioned to avoid to the maximum extent
practicable the following impacts: destruction or adverse alteration of streams, protective coastal
features, and biologically valuable areas. Projects involving dredge-and-fill must be designed
and constructed to reduce shoreline erosion. Nonstructural methods of shore protection are to be
used to the maximum extent practicable. Best management practices will be incorporated as
permit conditions into all appropriate permits.

The State's program contains management measures for new channelization and channel
modification projects, but does not contain a process to identify opportunities to improve surface
water quality and restore rnstream and riparian habitat through operation and maintenance of
existing modified channels.

Louisiana has providedc sufficient justification for its proposed exclusion from the management
measures for dams within the existing coastal management area. There are five structures
meeting the size requirements for dams in the existing coastal zone and none are located on any
natural drainage channel. There is no active manipulation of water releases from any of the


                                              12





                                                                       DRAFT FINAL 8/5/96

structures. There are no associated stream segments that are not fully supporting their designated
uses, and the State's water quality inventory does not list any of the dams as contributing to the
impairment of surface waters. Neither do they impede or block migration routes of any fish.

The Coastal Use Guidelines require the use of sound engineering practices for shoreline and
streambank structural projects. Louisiana states that it will use existing authorities under the
coastal use permit program to establish setbacks to minimize land disturbance to streambanks
and shorelines and direct upslope drainage from development away from banks and slopes to
avoid accelerating bank erosion. The State's program does not have a process to identify and
develop strategies to solve existing nonpoint problems caused by streambank or shoreline
erosion that do not come up for review under existing permit authorities.

For areas outside the coastal zone, Louisiana has identified back-up enforceable policies and
mechanisms for implementing the management measure, but has not yet demonstrated the ability
of these authorities to ensure implementation throughout the 6217 management area (see
discussion of these authorities in the new development and site development section above).

VII. WETLANDS. RIPARIAN AREAS AND VEGETATED TREATMENT SYSTEMS

FINDING: Subject to the conditions in the boundary section, Louisiana's program includes
management measures for protection of wetlands and riparian areas in conformity with the
6217(g) guidance. The program includes enforceable policies and mechanisms to ensure
implementation within the existing coastal management area.

CONDITION: Within three years, the State will develop new authorities or modify existing
authorities to ensure implementation of the management measure for protection of wetlands and
riparian areas throughout the 6217 management area.

RATIONALE: Louisiana's Coastal Use Guidelines include numerous general and specific
requirements for the protection of wetlands and riparian areas, in conformity with the 6217(g)
guidance. The Coastal Use Permit Program also requires mitigation for any unavoidable impacts
to coastal wetlands. As stated previously, the Coastal Use Permitting Program does not apply
outside of the existing coastal management area.

In addition, the Louisiana Natural and Scenic Rivers Systems Act includes measures to protect
wetlands and riparian areas (e.g. prohibits channelization; channel realignment; clearing and
snagging; impoundments; and commercial clear cutting of timber within 100 feet of the low
water mark). There are nine Scenic Rivers within the existing coastal management area and
fifty-one streams or stream segments encompassing over 1,500 miles throughout the State of
Louisiana. Besides the prohibited activities listed above, any other activity that may have a
direct, significant, ecological impact on the stream or its tributaries or distributaries is subject to
regulation by permit by the Louisiana Department of Wildlife and Fisheries. Based on the
information included in the program submittal, the Natural and Scenic Rivers System may not
cover all wetlands that serve a significant nonpoint source abatement function outside of the
existing coastal management area.



                                              13





                                                                      DRAFT FINAL 8/5/96

Louisiana's antidegradation policy includes a requirement that "Any new, existing, or expanded
point source or nonpoint source discharging into state waters ... provide the necessary level of
waste treatment to protect state waters as determined by the administrative authority. Further,
the highest statutory and regulatory requirements shall be achieved for all existing point sources
and best management practices (BMPs) for nonpoint sources" (LAC Title 33, Part IX, Section
1109(A)(2)). In addition, the State is developing a State Wetlands Conservation and
Management Plan (SWCMP) for non-coastal wetlands. NOAA and EPA encourage Louisiana to
use the SWCMP as a tool to further assist in protecting wetlands and riparian areas that serve a
significant nonpoint source abatement function.

Management measures promoting conservation and restoration of wetland and riparian areas are
implemented through the State's Coastal Wetlands Conservation and Restoration Act (LA R.S.
49:214.1-214.5), which provides for the identification, development and implementation of
priority wetlands projects to conserve, enhance and restore coastal wetlands statewide
(restoration plan) and establishes a permanent funding source (approximately $25 million) to
implement these priority restoration projects throughout the State. This program complements
the Federal coastal wetlands conservation and restoration program that is being implemented
pursuant to the Coastal Wetlands Planning and Restoration Act of 1990 which has been funded at
approximately $70 million.

Management measures promoting vegetative treatment systems are implemented through
voluntary use of BMP's. The State's BMP manuals for stormwater and hydromodification
activities both emphasize the use of vegetated treatment systems. The State also promotes the
use of vegetated treatment systems through public outreach and education programs, and
conditioning of permits that are required for activities in the coastal zone.

VIII. ADMINISTRATIVE COORDINATION

FINDING: Louisiana's program does not include mechanisms to improve coordination among
State agencies and between State and local governments.

CONDITION: Within two years, Louisiana will include in its program mechanisms, such as the
proposed Memoranda of Agreement (MOAs), to ensure administrative coordination among State
agencies and between State and local governments.

RATIONALE: Louisiana has proposed to develop approximately sixteen MOAs that outline
coordination between divisions within State offices, between State departments and between
State and federal agencies with existing responsibilities applicable to the Louisiana coastal
nonpoint program.

IX. PUBLIC PARTICIPATION

FINDING: Louisiana's program provides opportunities for public participation in the
development and implementation of the coastal nonpoint program.

RATIONALE: The program submittal describes several activities that provide opportunities for
public participation in th,- development and implementation of Louisiana's coastal nonpoint

                                             14





                                                                     DRAFT FINAL 8/5/96

program. Members of the public were invited to participate in Louisiana's Coastal Nonpoint
Interagency Committee and subcommittees for each source category. Louisiana also conducted
an extensive public education and outreach campaign targeted at the public and affected interests.
Activities included updates in various monthly and bi-monthly publications and presentations by
staff from the Louisiana Department of Natural Resources/Coastal Management Division staff at
public meetings and seminars. In addition, contracts between LDNR and LDEQ, LDHH,
LDOTD, Louisiana Department of Agriculture and Forestry, Louisiana Cooperative Extension
Service, and Louisiana State University Sea Grant Legal have included development of elements
of public education and outreach. Louisiana also held a series of four regional public
education/outreach meetings to inform the public and to solicit public input. Louisiana provided
a 30-day public comment period on the draft-final program submittal and received and responded
to eleven comment letters.

X.  TECHNICAL ASSISTANCE

FINDING: Louisiana nas included programs that will provide technical assistance to local
governments and the public for implementing the management measures.

RATIONALE: The program submittal outlines technical assistance efforts, including local
government and advisory committee meetings, workshops, seminars and conferences. While
Louisiana has identified various technical assistance mechanisms for program development,
NOAA and EPA encourage Louisiana particularly to develop mechanisms that will provide
technical assistance to local governments and the public for implementing the coastal nonpoint
program. Louisiana plans to undertake demonstration projects and develop technical guidance
materials such as model ordinances for stormwater management.





XI. ADDITIONAL MANAGEMENT MEASURES

FINDING: Louisiana's program provides for the implementation and continuing revision of
additional management measures applicable to critical coastal areas and to cases where 6217 (g)
measures are fully implemented but water quality threats or impairments persist.

RATIONALE: As part of the process to determine critical coastal areas, Louisiana will
consider the effects of implementing the (g) guidance management measures. If implementation
of the initially identified BMPs appears to be inadequate for attaining water quality goals, then
additional management measures, additional BMPs and/or alternative implementation strategies
will be evaluated by the interagency committee and subcommittee members.

XII. CRITICAL COASTAL AREAS

FINDING: Louisiana's program includes a process for the continuing identification of critical
coastal areas adjacent to impaired and threatened coastal waters.


                                             15





                                                                      DRAFT FINAL 8/5/96

RATIONALE: Louisiana has proposed to map "threatened or impaired" coastal waters. Once
these impaired waterbodies are identified, the State will identify those areas within the 6217
management area in which new or expanding land uses may cause or contribute to the
impairment of coastal water quality. Louisiana identified agriculture and urban development as
the primary land use categories for investigation as data exists for these land uses to document
changes in urban, suburban and agricultural land uses. Once the land use patterns and trends are
documented, Louisiana intends to map a critical coastal management zone inland of the critical
coastal shoreline.

XIII. MONITORING

FINDING: Louisiana's program does not include a plan to assess over time the success of the
management measures in reducing pollution loads and improving water quality.

CONDITION: Within one year, Louisiana will finalize and include in its program a plan that
enables the State to assess over time the extent to which implementation of management
measures is reducing pollution loads and improving water quality.

RATIONALE: Louisiana proposes to develop within the next twelve months a "detailed
monitoring plan designed to document the implementation of Best Management Practices
(BMPs) within the 6217 management area in order to improve water quality." Louisiana has
thus not yet formulated ils strategy to assess over time the success of the management measures
in reducing pollution loads and improving water quality. The State intends to build upon
existing oversight author'ties and monitoring networks through interagency coordination and the
establishment of memoranda of agreement (MOAs). The State emphasizes its plan to use permit
information, enforcement investigations, follow-up investigations, and quarterly monitoring to
obtain BMP information.

Louisiana should include in its plan information regarding the number and location of monitoring
stations, the types and frequency of water quality data being collected, and the analytic
approaches that will be employed in conjunction with existing monitoring efforts to assess the
success of management measures in achieving water quality objectives. The State should include
some inexpensive tracking of management measure implementation in conjunction with water
quality monitoring, as such information is needed to assess the success of management measures
in achieving water quality objectives. The current proposal focuses on tracking individual
BMPs, but the State is strongly encouraged to address the need for tracking and reporting the
implementation of management measures which are often combinations of BMPs.

XIV. STRATEGY AND EVALUATION FOR BACK-UP AUTHORITIES

Within one year, Louisiana will develop a strategy to implement the management measures for
pesticide management, new development and site development, watershed protection and
existing development, construction site erosion and sediment and chemical control, roads,
highways and bridges, petroleum control, boat cleaning, maintenance of sewage facilities, boat
operation, and hydrom: rification throughout the 6217 management area. This strategy will
include a description and schedule for the specific steps the State will take to ensure
implementation of the management measures, describe how existing or new authorities can be

                                             16





                                                                       DRAFT FINAL 8/5/96

used to ensure implementation where voluntary efforts are unsuccessful, and identify measurable
results which, if achieved',. will demonstrate the State's ability to achieve widespread
implementation of the management measure using the described approach.

Louisiana will also develop and apply credible survey tools to demonstrate the ability of the
State's approach to achieve widespread implementation of these management measures. The use
of credible assessment techniques is necessary in order for NOAA and EPA to evaluate, at the
end of the three year period described in the March 16, 1995 guidance issued by NOAA and EPA
entitled Flexibility for State Coastal Nonpoint Programs, whether the State's approach has been
successful or whether new, more specific authorities will be needed.










































                                              17