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Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 7 - Dam Safety Program › Subchapter A - Dam Safety › Section III-701 - Introduction

Current through Register Vol. 50, No. 6, June 20, 2024
A. The *Public
					 Works and Flood Control Directorate of the Department of Transportation and
					 Development (DOTD) serves as the Water Resources agency for the state of
					 Louisiana, providing engineering and technical support for the orderly planning
					 and development of programs and projects related to flood control, drainage,
					 irrigation, water diversions, reservoirs, navigation, port development,
					 hurricane protection, coastal engineering, and management and development of
					 water resources.
B.R.S. 38:21-28
					 legislation provides for a Dam Safety and Regulatory Program. The *Public Works
					 and Flood Control Directorate is charged with the responsibility for
					 administering the program. The program is operated by the DOTD's Water
					 Resources Design and Development Section, with administrative and enforcement
					 authority vested in the Director of the Public Works and *Flood Control
					 Directorate.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						38:24.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 7 - Dam Safety Program › Subchapter A - Dam Safety › Section III-703 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
					 R.S. 38:21-28 is to recognize the inherent dangers posed by impoundments of
					 significant volumes of water, and to require that owners of structures which
					 impound water (or other liquids) assume the responsibility for that danger by
					 ensuring that such structures are designed, constructed, and maintained so as
					 to minimize the risk to life and property. Regardless of the circumstances of
					 failure, the owner is ultimately responsible for loss of life and property
					 damages that may occur from the failure of his dam. *The Department of
					 Transportation and Development, Public Works and Flood Control Directorate, is
					 charged with the responsibility for developing and enforcing a regulatory
					 program to ensure that public safety and welfare is not compromised by the
					 presence of dams or other impoundment facilities. The Louisiana Dam Safety
					 Program defines the minimum standards for the design, construction, operation,
					 and maintenance of dams in the state of Louisiana, and the DOTD has the
					 responsibility and the authority to enforce the standards of the program. This
					 rule documents the minimum standards for design, construction, operation and
					 maintenance of dams and impoundment structures and the policies for the
					 enforcement of those standards.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						38:24.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 7 - Dam Safety Program › Subchapter A - Dam Safety › Section III-707 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. The regulations
					 of this program will govern the construction, enlargement, alteration or
					 repair, maintenance and operation of all dams as defined by R.S. 38:21-28. The
					 terms
dam
and
impoundment structure
are used
					 interchangeably and shall mean the embankment, spillway(s), outlet works and
					 other attendant parts. Included are all artificial barriers together with all
					 appurtenant works which impound or divert water or any other liquid and which
					 are:
1. 25 feet or more in height and have an
					 impounding capacity at maximum storage greater than 15 acre-feet, (See §729,
					 Appendix 1); or
2. have an
					 impounding capacity at maximum storage of 50 acre-feet or more and are greater
					 than 6 feet in height (See §729, Appendix 1).
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 7 - Dam Safety Program › Subchapter A - Dam Safety › Section III-711 - Submittals

Current through Register Vol. 50, No. 6, June 20, 2024
A. All designs for
					 work to be permitted under the program will be submitted for review and
					 approval with all necessary supportive documentation (See §739, Appendix 6).
					 Normally it is expected that an owner or prospective owner will establish
					 contact with the DOTD to apply for a permit to construct or modify a dam. An
					 example of a letter notifying the DOTD of intent to construct or modify a dam
					 is provided (See §741, Appendix 7). In some cases, however, structures are
					 built and water is impounded without the knowledge or approval of the DOTD.
					 When such structures are discovered, the owners will be contacted by the DOTD
					 and required to furnish documentation that their structure meets the safety
					 requirements of the program. In either case, the applicant shall be guided by
					 the Water Resources Design and Development Section throughout the review and
					 approval process. The documentation required shall be formal engineering
					 designs and calculations, supported by sufficient field information, and
					 certified by a professional civil engineer registered to practice in Louisiana.
					 Because each step in the design of a dam is dependant upon the quality of the
					 design judgments made in the previous steps, the applicant is advised to
					 coordinate each of the design stages identified in the next Section with the
					 DOTD review team prior to proceeding to the next step.
B. After general designs have been approved,
					 the applicant may proceed with plans and specifications, which will also
					 require approval before construction can begin. Plans and specifications will
					 be of professional engineering detail and quality and will include all
					 information and directions necessary to construct the dam in accordance with
					 the design intent.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						38:24.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 7 - Dam Safety Program › Subchapter A - Dam Safety › Section III-713 - Design

Current through Register Vol. 50, No. 6, June 20, 2024
A. The proper
					 design of a dam involves a complex combination of engineering applications. It
					 is not within the scope or intent of this document, nor will it be the practice
					 of the staff of the DOTD, to instruct in the detailed procedures for the design
					 of a dam. All dams and impoundment structures to be permitted under this
					 program will be designed by a professional civil engineer(s), registered by the
					 Louisiana State Board of Registration for Professional Engineers and Land
					 Surveyors. The registered civil engineer will certify the designs and plans by
					 professional seal. Designs must conform to nationally recognized standards,
					 further explained in the following Paragraphs and in the Appendices. The
					 completed design package will state the intended design life of the structure,
					 and will include the operations and maintenance procedures necessary to ensure
					 that the structure will function as designed for its stated design
					 life.
B. Failure of an impoundment
					 structure and the instantaneous release of large volumes of water is referred
					 to as a dam breach. It is the primary risk associated with dams, and is the
					 fundamental reason for the state to assume regulatory authority over dams
					 through the Louisiana Dam Safety Program. Breaching may occur during fair
					 weather due to the cumulative effects of erosion or seepage, or it may occur as
					 a result of stresses caused by excess water produced during a storm event. The
					 hydraulic and hydrologic (H and H) design will determine which of the two
					 scenarios poses the greater hazard, the volume of water which is likely to be
					 released, and the rate of flow.
C.
					 It is the H and H design which determines the volumes and flow rates with which
					 the impoundment structure(s) must contend. The geotechnical and structural
					 designs must ensure that the impoundment structure(s) can safely accommodate
					 the hydraulic forces imposed by the conditions predicted by the H and H design.
					 Following are the sequential steps which are necessary in any dam/impoundment
					 structure design, and each step must be documented with design calculations and
					 all supporting data, certified by a Registered Professional Civil Engineer:
1. Hydrology and Hydraulics (H and H) Design
a. Impact (Hazard) Classification.
b. Determination of controlling design
					 condition and associated storm runoff.
c. Setting of spillway and stilling basin
					 widths and elevations, top of embankment elevation, and normal pool
					 stage.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 7 - Dam Safety Program › Subchapter A - Dam Safety › Section III-715 - Construction

Current through Register Vol. 50, No. 6, June 20, 2024
A. It will be the
					 owner's responsibility to ensure by the presence of professional construction
					 supervision personnel that the structure is built in strict compliance with the
					 approved designs and specifications. Adequate records shall be maintained to
					 document that all materials and construction procedures meet or exceed those
					 specified. The owner shall report on the construction to the DOTD. The work of
					 construction, enlargement, alteration, repair or removal of a dam or reservoir
					 for which approved application, designs, plans and specifications are required
					 shall be under the responsible charge of a registered civil engineer. Upon
					 completion of the work and prior to the impoundment of water, the engineer
					 shall certify that all work has been done in compliance with the approved plans
					 and specifications (See §743, Appendix 8).
B. During construction, periodic inspections
					 may be made by representatives of the DOTD. The owner will be required to
					 provide such works or tests as may be needed to disclose sufficient information
					 to enable the DOTD to determine that conformity with approved plans and
					 specifications is being maintained. Inspections made by the DOTD are "limited
					 inspections" and do not relieve the owner or the owner's engineer from their
					 responsibilities for conformance to accepted designs and procedures.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						38:24.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 7 - Dam Safety Program › Subchapter A - Dam Safety › Section III-717 - Maintenance and Operations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Once
					 in service, the integrity of the impoundment structure must be sustained by
					 regular maintenance, in accordance with the approved operations and maintenance
					 document provided by the designer. The Operations and Maintenance Manual should
					 contain forms and schedules for records and documentation of inspections,
					 maintenance procedures, and repairs. The owner will be responsible for
					 certifying, through properly documented records, to the DOTD that the required
					 periodic inspections have been made, for correcting any deficiencies revealed
					 during such inspections, and for maintaining records of all operations and
					 maintenance activities, as well as of original construction and any subsequent
					 modifications.
B. An Emergency
					 Preparedness Plan is required for all dams and reservoirs. The plan shall
					 comply with the guidelines of the current issue of Louisiana's
Emergency Action Plan Guidelines
, available from the DOTD's
					 Director of Public Works and Flood Control. The Emergency Preparedness Plan
					 will be a condition of the permit for the project, and it will be the owner's
					 responsibility to implement the provisions of the plan in the event of
					 emergency.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						38:24.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 7 - Dam Safety Program › Subchapter A - Dam Safety › Section III-719 - Inspections

Current through Register Vol. 50, No. 6, June 20, 2024
A. The DOTD will
					 periodically inspect every dam in the jurisdiction of the program. The purpose
					 of the DOTD inspections is to ascertain whether the structure is being properly
					 maintained in accordance with the approved operations and maintenance
					 procedures. The DOTD inspections are "limited inspections" and do not relieve
					 the owner of responsibility to perform and document periodic inspections. If an
					 inspection by the DOTD reveals that a dam is unsafe or in danger of becoming
					 unsafe, the DOTD, through the Director of Public Works and Flood Control, shall
					 direct the owner to take whatever action is necessary to restore the dam to its
					 design condition.
B. The owner has
					 the primary responsibility for insuring the safe condition of the structure by
					 regular maintenance and periodic inspection. The owner is required to
					 immediately inform the Director of Public Works and Flood Control of any
					 unusual circumstances or occurrences which may affect the condition or safety
					 of the reservoir. Also, the director will be notified prior to any planned draw
					 downs of the reservoir.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						38:24.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 7 - Dam Safety Program › Subchapter A - Dam Safety › Section III-721 - Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any dam or
					 impoundment structure is determined to be unsafe, the Director of Public Works
					 and Flood Control, pursuant to R.S. 38:21-28, shall direct any such repairs or
					 remediations for a dam or impoundment structure as he deems necessary to insure
					 that life and property are not unduly threatened by the impoundment. such
					 remedial action may include:
1. direction
					 that the water level behind the structure be lowered to a safe level;
					 or
2. that the impoundment be
					 completely drained until all necessary corrections to the structure have been
					 made.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 7 - Dam Safety Program › Subchapter A - Dam Safety › Section III-723 - Existing Structures

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
					 dams constructed or under construction prior to promulgation of these Rules
					 will be reviewed to assess their disposition under the program regulations.
					 Each dam is unique and must be judged on the basis of its own particular set of
					 circumstances. Based on the circumstances of each individual case, a judgment
					 will be made of what modifications or repairs are necessary to meet program
					 standards. It is the intent of the program to eventually have every dam
					 upgraded to meet program standards. The DOTD will be the sole judge of whether
					 an existing deficiency creates an unacceptable risk to the general public.
					 While it is not the intent of this program to lower the standards for existing
					 dams, the DOTD recognizes that it is not practical to require all dam owners to
					 immediately retrofit their structures to meet new minimum Inflow Design Flood
					 standards.
B. An "Impoundment
					 Permit" is required for existing dams and will be issued after reviewing all
					 historical data (designs, plans, specifications, operation and maintenance
					 records, etc.) and performing a technical inspection (or inspections) to
					 adequately assess the safety of the dam. The owner shall provide all historical
					 data, if available.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						38:24.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 7 - Dam Safety Program › Subchapter A - Dam Safety › Section III-725 - Emergency Preparedness Plan

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 An Emergency Preparedness Plan is required for all dams and reservoirs both
					 existing and new construction. The plan will comply with the guidelines of the
					 current issue of Louisiana's
Emergency Action Plan Guidelines
,
					 available from the Director of Public Works and Flood Control, and shall be
					 submitted as a necessary component of the maintenance and operating procedures
					 and as a condition of the permitting process. It is the owner's responsibility
					 to assure that the provisions of the Emergency Action Plan are implemented in
					 the event of an emergency situation.
B. A breach analysis is required to develop
					 the emergency preparedness plan. The breach analysis will establish the
					 magnitude of the inundated area (inundation map), peak flood elevations and
					 arrival times of the peak flood elevations at critical locations. The worst
					 case scenario breaching event will be somewhere between the "sunny day" breach
					 and that event above which a breach of the dam does not increase hazard to
					 downstream interests. If the dam owner prefers to perform only one breach
					 analysis rather than performing incremental analyses to discover the worst case
					 scenario breaching event, he may perform a breach analysis where the tail water
					 is at the average annual elevation and the reservoir is at maximum design
					 surcharge.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						38:24.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 7 - Dam Safety Program › Subchapter A - Dam Safety › Section III-727 - References

Current through Register Vol. 50, No. 6, June 20, 2024
A. Jerrold W.
					 Gotzmer, William C. Jenkins, Ramon G. Lee, Joseph R. McCormick, Harvey H.
					 Richardson, and David L. Sveum,
Training Aids for Dam Safety, Module:
					 Evaluation of Hydrologic Adequacy, Interagency Committee on Dam Safety
(Available from: Louisiana Transportation Research Center, 4101 Gourrier, Baton
					 Rouge, LA 70808, telephone (225) 767-9131).
B. Peter G. Grey, Terry G. Fairbanks, Tasso
					 Schmigall, and Charles D. Wagner,
Training Aids for Dam Safety, Module:
					 Evaluation of Hydraulic Adequacy, Interagency Committee on Dam Safety
(Available from: Louisiana Transportation Research Center, 4101 Gourrier, Baton
					 Rouge, LA 70808), telephone (225) 767-9131).
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						38:24.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 7 - Dam Safety Program › Subchapter B - Figures and Forms › Section III-729 - Appendix 1, Structures-Approved Permit

Current through Register Vol. 50, No. 6, June 20, 2024
A. Structures that are required to have an
					 approved permit under the State Dam Safety Program.
Click Here To View
						Image
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						38:24.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 7 - Dam Safety Program › Subchapter B - Figures and Forms › Section III-731 - Appendix 2, Structures-Chief Engineer Review

Current through Register Vol. 50, No. 6, June 20, 2024
A. Structures that must be submitted to the
					 Chief Engineer for review under the State Dam Safety Program.
Click Here To View
						Image
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						38:24.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 7 - Dam Safety Program › Subchapter B - Figures and Forms › Section III-733 - Appendix 3-Procedural Sequence

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicant or his Engineer submits "Letter
					 of Intent."
B. Applicant or his
					 Engineer submits "Pre-Application for Construction of Dam."
C. Applicant publishes "Notice of
					 Application" and a "Public Hearing(s)" is (are) held.
D. Applicant or his Engineer submits
					 "Designs, Plans and Specifications" as follows and submits "Application for
					 Construction of Dams."
1. "Impact (Hazard)
					 Classification.
2. Determination of
					 controlling design condition and associated storm runoff.
3. Setting of spillway and stilling basin
					 widths and elevations, top of embankment elevation, and normal pool
					 stage.
4. Plans, Specifications,
					 Designs and other Submittals.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 7 - Dam Safety Program › Subchapter B - Figures and Forms › Section III-735 - Appendix 4-Pond Data Sheet

Current through Register Vol. 50, No. 6, June 20, 2024
Date: ____________
Dam Safety Administrator
Louisiana DOTD
P.O. Box 94245, Capitol Station
Baton Rouge, Louisiana 70804-9245
RE: Pond Construction
I am aware that the design, construction and operation of
						all dams within Louisiana is regulated by the Rules and Regulations for Dam
						Safety Program as developed by the State of Louisiana, Department of
						Transportation and Development. I am also aware of the liability that is
						associated with owning a dam.
Since I am receiving design and construction assistance
						from the National Resources Conservation Service, the dam described below is
						excluded from the approval process outlined in the Dam Safety Regulations.
						However, if for some reason (such as a land use change) the dam no longer comes
						within the criteria of the National Resources Conservation Service National
						Handbook for Conservation Practices-Standard 378, I agree to modify the
						structure if necessary to comply with the requirements of the Dam Safety
						Regulations. I also agree to allow access for inspection of this
						structure.
Sincerely,
OWNER
DAM LOCATION:
DESCRIPTION:
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						38:24.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 7 - Dam Safety Program › Subchapter B - Figures and Forms › Section III-737 - Appendix 5-Notice of Application

Current through Register Vol. 50, No. 6, June 20, 2024
Pursuant to the Rules and Regulations of the Louisiana
						Dam Safety Program as established by R.S. 38:21-28 interested parties are
						hereby notified that a "Letter of Intent" and a "Pre-Application for
						Construction of Dam" have been received by the DOTD Public Works and *Flood
						Control Directorate to construct the proposed Dam and Reservoir Pre-Application
						Number PA _____ located in Section _____, Township ____, Range _____, Parish
						_____.
Applicant:
(Name)
(Address)
(Phone)
Purpose and Brief Description of Dam:
All interested parties are hereby notified that a public
						hearing on the application will be held at __ p.m. on ___ at _______.
Any interested party shall have the right to request a
						public hearing on the application. Requests for additional public hearings must
						be in writing and must be submitted no later than the close of the public
						hearing on ____. Letters must state, with particularity, the reasons for
						holding a public hearing, applicant's name and pre-application number. On
						receiving a written request for an additional hearing(s) within the time limits
						set forth in this notice, the DOTD Public Works and *Flood Control Directorate
						shall set a date, time and place for conducting a hearing on the application.
						During the hearings, any interested party shall have the right to protest the
						application and to appear and present evidence and testimony in support of such
						protest.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						38:24.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 7 - Dam Safety Program › Subchapter B - Figures and Forms › Section III-739 - Appendix 6-Minimum Required Submittals

Current through Register Vol. 50, No. 6, June 20, 2024
A. All structural, geotechnical, hydrologic
					 and hydraulic design calculations. An engineer's report shall also be submitted
					 which summarizes the design analyses and shall include, but is not limited to,
					 the following:
1. Formulas, methods and basic
					 data assumptions used in the designs.
2. List of all pertinent design
					 codes.
3. Summary tables which list
					 design load cases, computed design factors of safety and required factors of
					 safety as specified in these rules and regulations or required by pertinent
					 design codes.
4. All other
					 information which aided in evaluating the design, supported assumptions and
					 conclusions, and will facilitate an independent review.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 7 - Dam Safety Program › Subchapter B - Figures and Forms › Section III-741 - Appendix 7-Letter of Intent

Current through Register Vol. 50, No. 6, June 20, 2024
Purpose: To notify the Louisiana Dam Safety Program of
						the applicant's intent to construct, enlarge, alter, repair or remove a dam
						within the state.
Address To: Louisiana Dam Safety Program
Louisiana Department of Transportation and
						Development
Public Works and Flood Control Directorate
Box 94245
Baton Rouge, LA 70804-9245
Contents:
1)
					 Name of proposed or existing dam
2)
					 Purpose of dam:
3) Owner's:
Name:
Address:
Telephone:
4) Location of dam (section, township, range,
					 parish).
5) Brief description of
					 proposed dam construction, enlargement, alteration, repair or
					 removal.
* 6) Height of Dam (height
					 in feet from top of dam to lowest point at downstream toe of dam).
* 7) Reservoir Capacity (volume in acre-feet
					 with water at top of dam).
AUTHORITY NOTE: Promulgated in accordance with
						  R.S.
						  38:24.
NOTE: *Items 6 and 7 can be approximated at this
						  time.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 7 - Dam Safety Program › Subchapter B - Figures and Forms › Section III-743 - Appendix 8-Letter of "Notice of Completion and As-Built Drawings"

Current through Register Vol. 50, No. 6, June 20, 2024
Purpose: To notify the Louisiana Dam Safety Program that
						the construction of the subject project is complete and to certify that said
						construction was done in accordance with the approved designs, plans, drawings
						and specifications.
From: Applicant's Consulting Engineering Firm (letter
						must be signed and sealed by a Registered Professional Civil Engineer licensed
						in the State of Louisiana).
Address to: Louisiana Dam Safety Program
Louisiana Department of Transportation and
						Development
Public Works and *Flood Control Directorate
Box 94245
Baton Rouge, LA 70804-9245
AUTHORITY NOTE: Promulgated in accordance with
						  R.S.
						  38:24.
NOTE: As-Built Drawings must be received by the DOTD
						  Public Works and *Flood Control Directorate within 30 days after
						  completion.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 7 - Dam Safety Program › Subchapter B - Figures and Forms › Section III-745 - Appendix 9-Letters of No Objection and Other Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. The applicant must forward copies of the
					 pre-application to the appropriate state, federal and local agencies to obtain
					 letters of no objection and/or permits as required by these agencies. Copies of
					 the letters of no objection and permits must be submitted to the Louisiana Dam
					 Safety Program as part of the applicant's application under this
					 program.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						38:24.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 7 - Dam Safety Program › Subchapter B - Figures and Forms › Section III-747 - Appendix 10-Minimum Hydrologic and Hydraulic Submittals to Establish Impact Classification and Inflow Design Flood (IDF)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Since the required submittals may vary for
					 each dam, it is recommended that applicant or his engineer obtain copies of
					 references Number 1 and 2 of the Dam Safety Rules and Regulations. After
					 reviewing these documents, the applicant or his engineer is advised to contact
					 the Dam Safety Program of the Water Resources Design and Development Section of
					 the DOTD for further guidance.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						38:24.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 9 - Hurricane Flood Control Protection Program Rules › Section III-901 - Framework for Receipt and Evaluations of Funding Applications

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applications are
				  to be prepared in accordance with the provisions of
				  R.S.
				  38:244.
B. Applications may be submitted beginning
				  November 1, 2006, to Hurricane Flood Protection Program, 8900 Jimmy Wedell
				  Drive, Baton Rouge, LA 70807.
C.
				  The Office of Public Works, Hurricane Flood Protection and Intermodal
				  Transportation shall evaluate the applications in accordance with the
				  provisions of
				  R.S. 38:244
				  with points established as follows.
1.
				  Documentation of Flood Problem- 20 points maximum.
2. Local Support- 5 points maximum.
3. Technical Feasibility- 45 points
				  maximum.
4. Prevention of Loss of
				  Life and Improved Public Safety- 5 points maximum.
5. Environmental Effects and Impact on
				  Development- 15 points maximum.
6.
				  Projects Recommended But Not Funded- 10 points maximum.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 2 - Port Construction and Development Priority Program › Chapter 21 - Louisiana Port Construction and Development Priority Program › Section III-2101 - Definitions [Formerly section 2103]

Current through Register Vol. 50, No. 6, June 20, 2024
Committee
-Joint Legislative Committee on
					 Transportation, Highways and Public Works.
Council
-Legislative Audit Advisory
					 Council.
Deep Draft Port
-a port capable of
					 accommodating vessels of at least 25 feet of draft and of engaging in foreign
					 commerce.
Department
-the Louisiana Department of
					 Transportation and Development.
Joint Legislative Committee
-see
					 Committee.
Port
-a harbor town or city where ships may
					 take on or discharge cargo.
Port Authority
-the governing body of any
					 port area or port, harbor, and terminal district.
Procedural Manual
-a manual entitled,
					 Louisiana Port Construction and Development Priority Program Procedural Manual
					 for Funded Projects, which is used to implement projects funded by the
					 program.
Program
-Louisiana Port Construction and
					 Development Priority Program.
Project
-that activity that derives
					 benefits to the state after an investment of program and port funds. The port
					 funds may include federal monies.
Project Agreement
-the agreement between
					 the department and port authority that states the authorities and
					 responsibilities of each party in implementing a project that is funded in part
					 by the Louisiana Port Construction and Development Program. The format is as
					 shown in the procedural manual.
Shallow Draft Port
-a port that is not
					 capable of accommodating vessels of 25 feet of draft or is not engaged in
					 foreign commerce.
Total Project
-that activity that derives
					 benefits to the state after an investment of program, port, and other public
					 and private funds.
Transportation Trust Fund
-a fund created
					 by a constitutional amendment passed by the voters on October 7, 1989 which
					 dedicated 16 cents of the gasoline/motor fuel tax to construction and
					 maintenance of state and federal highways and bridges, statewide flood control,
					 ports, airports, transit, state police for traffic control, and parish
					 roads.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 34:3451-3463.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 2 - Port Construction and Development Priority Program › Chapter 21 - Louisiana Port Construction and Development Priority Program › Section III-2105 - Program Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Application
1. Any Louisiana port authority may submit an
				  application for funding to the department, except as provided below.
				  Applications may be submitted on a quarterly basis to the department no later
				  than the first of March, June, September and December of each calendar year for
				  consideration of funding or funding obligation authority in the following
				  fiscal years. The application shall include a description of the project,
				  demonstration of immediate need, benefits to be derived, preliminary design,
				  cost estimate, and a description of the project area.
2. Except as provided herein, port
				  authorities cannot submit an application if any of the following are true.
a. On the recommended construction program,
				  the port authority has a balance of Louisiana's funding share equal to or more
				  than the single project maximum Legislative Funding Authority established by
				  the department.
b. The application
				  to be submitted will cause the port authority to have a balance of Louisiana's
				  funding share greater than the single project maximum Legislative Funding
				  Authority established by the department.
c. The port authority has a project that may
				  be canceled under the Section on distribution of funds.
3. If a port authority or its application
				  meets one of the aforementioned factors, it may submit an informal application
				  by December 1 and request that it be reviewed and evaluated in the event that
				  the department has not received sufficient project applications to meet the
				  estimated funding level for the fiscal year. Projects submitted under this
				  provision will receive a lesser priority than other projects on the list. If
				  more than one port authority submits an application under this provision, then
				  the applications that were submitted as informal with the highest evaluation
				  scores will be recommended in their order of score until the estimated funding
				  level has been met. The remaining applications will not be eligible for the
				  Recommended Construction Program.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 2 - Port Construction and Development Priority Program › Chapter 21 - Louisiana Port Construction and Development Priority Program › Section III-2107 - Program Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. General
				  Requirements. In order for the department to be able to adequately assess the
				  merits of the proposed project, applications must be complete and verifiable.
				  The responsibility to provide complete, accurate, and documented data on each
				  project, as defined herein, rests solely with the port authority submitting the
				  applications for funding.
B.
				  Specific Requirements
1. Project and Total
				  Project
a. For purposes of this program, a
project
is that activity that derives benefits to the state
				  after an investment of program and port funds. "Project" refers to that portion
				  of the total project for which the port is seeking program funds from the
				  department. The amount of program funds required is used in calculating the
				  cost benefit ratio which is used for ranking projects.
b. The "total project" is that activity that
				  derives benefits to the state after an investment of program, port and other
				  public and private funds and its cost is used to determine if the requirement
				  for a minimum cost benefit ratio of one is met except as provided herein in
				  references to benefit-cost ratio for projects with a private investment equal
				  to or greater than the program share. The "total project" includes all
				  improvements that are necessary for both the public and private sectors in
				  order to derive the benefits identified in the application.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 2 - Port Construction and Development Priority Program › Chapter 21 - Louisiana Port Construction and Development Priority Program › Section III-2109 - Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. General Instructions
1. Applications may be submitted to the
				  department quarterly no later than the first of March, June, September and
				  December of each calendar year for consideration for funding the following
				  fiscal year. If said day falls on a weekend or holiday, the next working day is
				  the deadline. Contact the Office of Multimodal Commerce for the current
				  address. The application shall be submitted in the format as shown and as
				  follows:
Number of copies:
Original and three copies
Time:
Before 4 p.m. on the 1st of March, June, September
								and December
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 2 - Port Construction and Development Priority Program › Chapter 21 - Louisiana Port Construction and Development Priority Program › Section III-2111 - Evaluation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Analysis. In determining a score to
				  prioritize the request for funds, the following factors will be considered:
1. technical feasibility;
2. economic feasibility;
3. economic impacts; and
4. port management.
a. Technical Feasibility. Indicators of
				  technical feasibility are as follows:
i.
				  completeness of project design;
ii.
				  appropriate consideration of alternatives;
iii. compatibility of project to port's
				  master plan;
iv. level of detail of
				  preliminary plans (should be adequate to allow award of a construction contract
				  within a year but still allow input from the department);
v. items of work as shown in the cost
				  estimate are at a level of detail that may be readily verified.
b. Economic Feasibility. The
				  primary factor in determining economic feasibility is the benefit-cost ratio.
				  For purposes of evaluation, the investment is the amount of program funds
				  needed for the proposed port improvement project.
c. Economic Impacts. The economic impacts are
				  to be analyzed by the number of permanent jobs created or saved by the port
				  improvement project after construction.
d. Port Management. The primary factor in
				  appraising the management of the port is the average return on investment for
				  the last five years.
e. Location.
				  The elements in assessing the port's location are as follows:
i. adequacy of the navigable waterways;
ii. suitable railroad access;
iii. ample highway facilities;
iv. location of nearest competing
				  port.
f. Multi-Year
				  Projects. Multi-year projects will receive priority over new projects after the
				  initial year of funding, provided the years are consecutive and the
				  implementation of the previous year components was in accordance with the
				  Program Procedure Manual.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 2 - Port Construction and Development Priority Program › Chapter 21 - Louisiana Port Construction and Development Priority Program › Section III-2113 - Distribution of Funds

Current through Register Vol. 50, No. 6, June 20, 2024
A. Funding.
				  Program funds shall be distributed in accordance with the approved construction
				  program. The funding for any single project that is submitted to the
				  legislature for funding may be limited to a maximum legislative funding
				  authority of $9 million. The department may increase the funding limit for a
				  fiscal year based on the availability of funds. The department may consult with
				  PAL regarding the limit; but, the final limit shall be at the sole discretion
				  of the department.
i. The actual distribution
				  of these funds to the ports for each approved project shall be at the sole
				  discretion of the department. The department may consult with PAL in
				  determining this distribution.
ii.
				  The department may limit the funding distribution to each port authority to no
				  more than one-third 1/3 per year of the single project maximum legislative
				  funding authority established by the department for the fiscal year.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 2 - Port Construction and Development Priority Program › Chapter 21 - Louisiana Port Construction and Development Priority Program › Section III-2115 - Reimbursement

Current through Register Vol. 50, No. 6, June 20, 2024
A. A sponsoring port authority may make
				  application to utilize its own funds for project construction and to be
				  reimbursed by the Port Construction and Development Priority Program provided
				  that:
1. all program criteria are met in
				  accordance with
				  R.S.
				  34:3451 et seq.,
2. the project is listed in the recommended
				  construction program, and
3. all
				  program criteria are met in accordance with the program's "procedures manual"
				  and the rules and regulations promulgated by the department.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 2 - Port Construction and Development Priority Program › Chapter 23 - Port Design-Build Pilot Program › Section III-2301 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. A port
				  design-build pilot program was authorized by Act 755 of the 2012 Regular
				  Session of the Louisiana State Legislature. The purpose of this Rule is to
				  establish procedures and guidelines for the implementation of the pilot
				  program.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 38:3523.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 2 - Port Construction and Development Priority Program › Chapter 23 - Port Design-Build Pilot Program › Section III-2303 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any port may use
				  the design build method, pursuant to the pilot program as specified and limited
				  by R.S. 34:2523, on any non-architectural project where the project involves
				  the transport, production, storage, or manufacturing of port cargos and where
				  60 percent or more of the construction cost estimate in the design criteria
				  package, as determined by the port's retained design professional, consists of
				  engineered products and components and services, fabrication, and installation
				  for such products and components.
B. A port may utilize the design-build method
				  on projects funded by any manner for any port project in which a notice of
				  intent is advertised in accordance with
				  R.S.
				  34:3523 prior to December 31, 2015.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 38:3523.
Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 2 - Port Construction and Development Priority Program › Chapter 23 - Port Design-Build Pilot Program › Section III-2305 - Approval Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. The proposed
				  design-build projects shall be processed for approval on a first-come
				  first-served basis.
B. A port
				  seeking to participate in the design-build pilot program shall retain a design
				  professional for each proposed project. The design professional shall prepare a
				  design criteria package for each proposed project. The design professional and
				  the design criteria package shall meet all requirements set forth in
				  R.S.
				  34:3523
C. If the port is seeking approval for the
				  project pursuant to the Port Priority Program, the port shall comply with all
				  applicable rules relative to Port Priority Program projects.
D. If the port is not seeking participation
				  in the Port Priority Program, the following rules shall apply.
1. A completed design criteria package must
				  be submitted to the department prior to submission to the joint legislative
				  committee for approval, along with a resolution from the governing authority
				  for the port verifying its commitment to complete the design-build project and
				  which contains a statement that the port has the funding necessary to do
				  so.
2. The department is
				  responsible for ensuring the design package contains all of the elements
				  required by
				  R.S.
				  34:3523. The department will not recommend
				  approval for the design-build project, nor will the department be responsible
				  for making findings relative to the accuracy of the information provided in the
				  design criteria package.
3. If the
				  department determines that the design criteria package is complete and the
				  resolution from the governing authority for port is sufficient, it shall issue
				  a letter to the port stating same. The letter shall serve as authorization for
				  the port to submit the design criteria package and the resolution to the joint
				  legislative committee for approval. The design criteria package and resolution
				  shall be submitted to the joint legislative committee within 30 days of
				  publishing the notice of intent as required by
				  R.S.
				  34:3523(c).
4. The port shall notify the department of
				  the outcome of the joint legislative committee.
a. If the project is approved or if the joint
				  legislative committee fails to act within 60 days from receipt of the proposed
				  project, the port so shall notify the department and may proceed with
				  implementation of the project.
b.
				  All aspects of the project must comply with all applicable laws, rules and
				  regulations relative to the design-build pilot program including, but not
				  limited to,
				  R.S.
				  34:3523.