reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 1 - General Rules and Regulations › Section I-105 - Public Information; Adoption of Rules; Availability of Rules and Orders

Current through Register Vol. 50, No. 6, June 20, 2024
A. The general
				  course and method of operations of the secretary by which the public may obtain
				  information or make submissions or requests, shall be as provided in the
				  Administrative Procedure Act and by these rules and regulations.
B. The within rules and regulations set forth
				  the nature and requirements of formal and informal procedures available and of
				  forms and instructions used by the secretary.
C. The within rules and regulations are
				  available for public inspection, as are any and all other rules and regulations
				  and all other written statements of policy or interpretations formulated,
				  adopted or used by the secretary in the discharge of his functions, at the
				  offices of the secretary in Baton Rouge.
D. All final orders, decisions, and opinions
				  are available for public inspection at the offices of the secretary in Baton
				  Rouge.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:354(A).
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 1 - General Rules and Regulations › Section I-107 - Procedure for Adoption of Rules

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Prior to the adoption, amendment or repeal of any rule or regulation, the
				  secretary will:
1. give at least 15 days'
				  notice of his intended action. The notice will include a statement of either
				  the terms or substance of the intended action, or a description of the subjects
				  and issues involved, and the time when, and the place where, and the manner in
				  which interested persons may present their views thereon. The notice will be
				  mailed to all persons who have made timely request of the secretary for advance
				  notice of rulemaking proceedings and will be published at least once in the
Louisiana Register
. The secretary may, at his discretion,
				  authorize more than 15 days' notice of intended action. For the purpose of
				  timely notice as required by this Paragraph, the date of notice shall be deemed
				  to be the date of publication of the issue of the
Louisiana
				  Register
in which the notice appears, such publication date to be the
				  publication date as stated on the first page of said issue;
2. afford all interested persons reasonable
				  opportunity to submit data, views or arguments, orally or in writing. In case
				  of substantive rules, opportunity for oral presentation or argument will be
				  granted if requested by 25 persons, by a governmental subdivision or agency or
				  by an association having not less than 25 members. The secretary will consider
				  fully all written and oral submissions respecting the proposed rule. Upon
				  adoption of a rule or rules, the secretary, if requested to do so in writing by
				  an interested person either prior to adoption or within 30 days thereafter,
				  will issue a concise statement of the principal reasons for and against its
				  adoption. An individual interested in orally presenting a position on an issue
				  which does not require a separate public hearing, may be allowed to do so at a
				  public meeting called by the secretary, at the discretion of the
				  secretary.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 1 - General Rules and Regulations › Section I-109 - Filing, Publication, and Taking Effect of Rules

Current through Register Vol. 50, No. 6, June 20, 2024
A. The secretary shall file a certified copy
				  of each rule and regulation which he adopts, including a copy of the within
				  rules and regulations, in the office of the Division of
				  Administration.
B. Compilations may
				  omit any rule, the publication of which would be unduly cumbersome, expensive
				  or otherwise inexpedient; but such rule or rules, in processed or printed form
				  will be made available on application to the secretary.
C. Compilations will be made available upon
				  request to agencies or officials of Louisiana free of charge, and to other
				  persons at prices fixed by the Division of Administration to cover mailing and
				  publication costs.
D. Each rule
				  hereafter adopted shall become effective upon its publication in the
Louisiana Register
, said publication to be subsequent to the
				  act of adoption, except that:
1. if a later
				  date is required by statute or specified in the rule, the later date shall be
				  the effective date;
2. subject to
				  applicable constitutional or statutory provisions, an emergency rule shall
				  become effective on the date of its adoption, or on a date specified by the
				  secretary to be not more than 60 days future from the date of its adoption,
				  provided written notice is given within three days of the date of adoption to
				  the governor of Louisiana, the attorney general of Louisiana, and the Division
				  of Administration as provided in §307. B of these rules and regulations.
				  Such emergency rule shall not remain in effect beyond the publication date of
				  the
Louisiana Register
published in the month following the
				  month in which the emergency rule is adopted, unless such rule and the reasons
				  for adoption thereof are published in said issue; provided, however, that any
				  emergency rule so published shall not be effective for a period longer than 120
				  days, but the adoption of an identical rule under §307. A.1 and §307.
				  A.2 is not precluded. The secretary will take appropriate measures to make
				  emergency rules known to the persons who may be affected by them.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 1 - General Rules and Regulations › Section I-111 - Investigations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person may
				  file with the secretary or the executive director, a written complaint of a
				  violation of the secretary's rules and regulations.
B. The secretary may at any time, upon his
				  own initiative, investigate any suspected violation of these rules and
				  regulations.
C. In connection with
				  the investigation of a possible violation of the rules and regulations, the
				  secretary may authorize that public hearings be conducted in accordance with
				  the rules applicable to adjudication proceedings.
D. The secretary has the power to develop
				  facts through either informal investigation procedures or through formal
				  hearings.
E. Investigations shall
				  be for the purpose of determining such questions as whether a violation exists,
				  the scope of the violation, and the persons or parties involved.
F. To the extent practicable, investigatory
				  hearings shall be held in accordance with the rules applicable to adjudicatory
				  proceedings.
G. When the secretary
				  determines that there has been a violation of the Act, or of any of the
				  secretary's rules and regulations, he is authorized to take appropriate action,
				  which may include the initiation of adjudicatory proceedings for enforcement
				  purposes, or the institution of appropriate judicial proceedings.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:354(A).
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 1 - General Rules and Regulations › Section I-113 - Adjudication Notice ; Hearing ; Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. All hearings shall be public and shall be
				  conducted by the secretary or a presiding officer designated by the secretary
				  to conduct the hearings.
B. The
				  secretary shall fix the time and place for the hearing. All hearings shall be
				  held in a convenient place, accessible to the public, in the city of Baton
				  Rouge. If the secretary deems that the interests of the secretary or any person
				  or party, or the location of the parties or witnesses, or the ends of justice
				  so require, the hearing may be held in any other convenient place of public
				  accessibility within the state.
C.
				  Any hearing may for valid cause be continued by the secretary or the presiding
				  officer.
D. Parties shall have the
				  right, but shall not be required, to be represented by counsel. Any such
				  counsel must be duly licensed to practice law in the state of Louisiana, or be
				  associated in the hearings with such duly licensed counsel.
E. In an adjudication, all parties who do not
				  waive their rights shall be afforded an opportunity for hearing after
				  reasonable notice.
F. The notice
				  will include:
1. a statement of the time,
				  place and nature of the hearing;
2.
				  a statement of the legal authority and jurisdiction under which the hearing is
				  to be held;
3. a reference to the
				  particular sections of the statutes and rules involved;
4. a short and simple statement of the
				  matters asserted;
5. the date on
				  which any person who may object to the matters asserted must present to the
				  secretary a written objection. A written objection shall contain a short and
				  simple statement of the basis of the objection.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 1 - General Rules and Regulations › Section I-115 - Rules of Evidence; Official Notice; Oaths and Affirmations; Subpoenas; Deposition and Discovery

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				  adjudication proceedings:
1. the secretary or
				  presiding officer will admit and give probative effect to evidence which
				  possesses probative value commonly accepted by reasonably prudent men in the
				  conduct of their affairs, and will give effect to the rules and privileges
				  recognized by law. The secretary or presiding officer will exclude incompetent,
				  irrelevant, immaterial and unduly repetitious evidence. Objection to
				  evidentiary offers may be made and shall be noted in the record. Subject to
				  these requirements, when a hearing will be expedited and the interests of the
				  parties will not be prejudiced substantially, any part of the evidence may be
				  received in written form;
2. all
				  evidence, including records and documents in the possession of the secretary of
				  which he desires to avail himself, shall be offered and made a part of the
				  record, and all such documentary evidence may be received in the form of copies
				  or excerpts, or by incorporation by reference. In case of incorporation by
				  reference, the materials so incorporated shall be available for examination by
				  the parties before being received in evidence;
3. notice may be taken of judicially
				  cognizable facts. In addition, notice may be taken of generally recognized
				  technical or scientific facts within the secretary's specialized knowledge.
				  Parties will be notified either before or during the hearing, or by reference
				  to preliminary reports or otherwise, of the material to be noticed, including
				  any staff memoranda or data, and they will be afforded an opportunity to
				  contest the admissibility of the material to be noticed. The secretary's
				  experience, technical competence and specialized knowledge may be utilized in
				  the evaluation of the evidence.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 1 - General Rules and Regulations › Section I-117 - Decisions and Orders

Current through Register Vol. 50, No. 6, June 20, 2024
A. A final
				  decision or order adverse to a party in an adjudication proceeding will be in
				  writing or will be stated in the record. A final decision will include findings
				  of fact and conclusions of law. If findings of fact are set forth in statutory
				  language, they will be accompanied by a concise and explicit statement of the
				  underlying facts supporting the findings. A party may submit proposed findings
				  of fact and conclusions of law, and, in that event, the decisions shall include
				  a ruling upon each proposed finding and conclusion. Parties will be notified
				  either personally or by mail of any decision or order. Upon request a copy of
				  the decision or order will be delivered or mailed forthwith to each party and
				  to his attorney of record. By written stipulation, the parties may waive, and
				  in the event that there is no contest, the secretary may eliminate, compliance
				  with this Section.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:354(A).
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 1 - General Rules and Regulations › Section I-119 - Rehearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. A decision or
				  order in a case of adjudication shall be subject to rehearing, reopening or
				  reconsideration by the secretary within 10 days from the date of its entry. The
				  grounds for such action shall be either that:
1. the decision or order is clearly contrary
				  to the law and the evidence;
2. the
				  party has discovered, since the hearing, evidence important to the issues which
				  he could not with due diligence have obtained before or during the
				  hearing;
3. there is a showing that
				  issues not previously considered ought to be examined in order to dispose of
				  the matter;
4. there is other good
				  ground for further consideration of the issues and the evidence in the public
				  interest.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 1 - General Rules and Regulations › Section I-121 - Ex Parte Consultations and Recusations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Unless required for the disposition of ex
				  parte matters authorized by law, the secretary or the presiding officer
				  designated to conduct the hearing, shall not communicate, directly or
				  indirectly, in connection with any issue of fact or law, with any party or his
				  representative, or with any officer, employee or agent engaged in the
				  performance of investigative, prosecuting or advocating functions, except upon
				  notice or opportunity for all parties to participate.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:354.A.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 1 - General Rules and Regulations › Section I-123 - Remedies

Current through Register Vol. 50, No. 6, June 20, 2024
A. The secretary
				  may issue:
1. decrees or orders requiring a
				  party to cease and desist from any course of conduct or action deemed by the
				  secretary to be inimical to its purposes or aims or any part thereof;
2. decrees or orders requiring a party to
				  take affirmative action to further the interests of the secretary or to correct
				  or insure correction of prior action of a party or otherwise;
3. declaratory decrees or orders as to the
				  policy of the secretary in any regard;
4. generally any decrees or orders to affect
				  the interests of the secretary as to his general aims and purposes.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 1 - General Rules and Regulations › Section I-125 - Judicial Review of Declaratory Orders and Rulings

Current through Register Vol. 50, No. 6, June 20, 2024
A. Within 15 days from the decree, or of a
				  declaratory order or ruling, any party affected thereby may petition the Civil
				  District Court for the Parish of East Baton Rouge, for a declaration as to the
				  validity or applicability of any declaratory decree, order or ruling. After the
				  lapse of such period of 15 days, or upon the finality of any order of court
				  with regard thereto, such declaratory decree, order or ruling shall be
				  final.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:354(A).
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 1 - General Rules and Regulations › Section I-127 - Judicial Review of Validity or Applicability of Rules

Current through Register Vol. 50, No. 6, June 20, 2024
A. The validity or applicability of a rule or
				  regulation may be determined in an action for declaratory judgment in the Civil
				  District Court for the Parish of East Baton Rouge, in which the secretary is
				  made a party to the action. An action for a declaratory judgment under this
				  Section may be brought only after the plaintiff has requested the secretary to
				  pass upon the validity or applicability of the rule or regulation in question,
				  and only upon a showing that review of the validity and applicability of the
				  rule or regulation in connection with a review of a final agency decision in a
				  contested-adjudication case would not provide an adequate remedy and would
				  inflict irreparable injury.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:354(A).
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 1 - General Rules and Regulations › Section I-129 - Judicial Review of Adjudication

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				  person who is aggrieved by a final decision or order in an adjudication
				  proceeding is entitled to judicial review thereof, whether or not he has
				  applied to the secretary for rehearing, without limiting, however, utilization
				  of or the scope of judicial review available under other means of review,
				  redress, relief or trial de novo provided by law. A preliminary, procedural or
				  intermediate action or ruling is immediately reviewable, if review of the final
				  decision would not provide an adequate remedy and would inflict irreparable
				  injury.
B. Proceedings for review
				  may be instituted by filing a petition in the Civil District Court for the
				  Parish of East Baton Rouge within 30 days after the mailing of notice of the
				  final decision by the secretary, or if a rehearing is requested, within 30 days
				  after the decision thereon. Copies of the petition shall be served upon the
				  secretary and on all parties of record.
C. The filing of the petition does not itself
				  stay enforcement of the decision of the secretary, who may, however, grant a
				  stay upon appropriate terms.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:354(A).
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 1 - General Rules and Regulations › Section I-131 - Construction and Effect

Current through Register Vol. 50, No. 6, June 20, 2024
A. Nothing in
				  these rules and regulations shall be held to diminish the constitutional rights
				  of any person, or to limit or repeal additional requirements imposed by statute
				  or otherwise recognized by law. Except as otherwise provided by law, all
				  requirements or privileges relating to evidence or procedure shall apply
				  equally to the secretary and all persons.
B. If any provision of these rules and
				  regulations shall be found to be in conflict with federal requirements, such
				  conflicting provision of these rules and regulations is hereby declared to be
				  inoperative solely to the extent of such conflict, and such findings or
				  determination shall not affect the operation of the remaining provisions of
				  these rules and regulations in their application to the functions of the
				  secretary.
C. If any provision of
				  these rules and regulations or the application thereof is held to be invalid,
				  the remaining provisions of these rules and regulations or other application
				  thereof shall not be affected, so long as they can be given effect without the
				  invalid provision, and to this end the provisions of these rules and
				  regulations are declared to be severable.
D. These rules and regulations shall take
				  effect upon their approval by the secretary and filing and publication pursuant
				  to the provisions of
				  §309 of these
				  rules and regulations, and no procedural requirement shall be mandatory as to
				  any proceeding instituted prior to the effective date of such
				  requirement.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:354(A).
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 1 - General Rules and Regulations › Section I-133 - Debts Owed to the Department of Natural Resources

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicability. This Section is applicable
				  for all debts owed to the Department of Natural Resources (hereinafter referred
				  to as "DNR"), with the following exceptions:
1. debts associated with mineral leases or
				  operating agreements, or mineral production on State lands and water bottoms,
				  or to any debts under the authority of the State Mineral and Energy
				  Board;
2. debts associated with
				  federal loans or grant programs, including but not limited to those issued,
				  through the Home Energy Loan Program (HELP), Energy Fund, or the American
				  Recovery and Reinvestment Act of 2009 (ARRA) Revolving Loan Fund;
3. debts other than those debts owed under
				  the Oilfield Site Restoration Act (R.S.
				  30:80, et seq.) that are owed to the Office
				  of Conservation or the Commissioner of Conservation,
4. debts owed the Fishermans Gear
				  Compensation Fund (R.S.
				  56:700.1, et seq.), or
5. debts associated with the overpayment of
				  active or separated DNR employees.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 3 - Louisiana Fuel Protection Act of 1979; Implementation of Act 605 of 1979 › Section I-303 - Applications

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person shall
				  construct or operate, or cause to be constructed or operated, support
				  facilities within the jurisdiction of the secretary without first filing an
				  application and obtaining a license from the secretary pursuant to the
				  provisions of these rules and regulations.
B. An application shall contain the following
				  general information:
1. a brief summary of
				  the entire application suitable for use by the secretary in giving the notices
				  required by the rules and regulations;
2. the name, address, citizenship, and
				  telephone number of the applicant;
3. the names and addresses of the officers of
				  the applicant;
4. the name and
				  address of the person designated by applicant to receive formal notices or
				  documents;
5. a statement at the
				  end of the application, subscribed and sworn to before a notary public, that
				  the person who signs the application represents that he is authorized and
				  empowered to sign the application on behalf of the applicant and that the
				  contents of the application are true;
6. if the applicant is a corporation, a copy
				  of the applicant's charter or certificate and articles of incorporation,
				  certified by the appropriate official of the state of incorporation.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 3 - Louisiana Fuel Protection Act of 1979; Implementation of Act 605 of 1979 › Section I-307 - Licenses

Current through Register Vol. 50, No. 6, June 20, 2024
A. No license shall
				  issue unless the secretary determines that:
1. the facilities which are the subject of a
				  license application to the secretary are
support facilities
within the term and meaning of Act 605 of 1979 and these rules and
				  regulations;
2. the construction
				  and operation of the proposed support facilities will promote the economic and
				  industrial well being of the state of Louisiana, will be an economically viable
				  project as shown by the data provided in the application, and will be
				  consistent with the public interest as declared in the Act. In making the
				  finding of economic viability and public interest, the secretary shall consider
				  the effect of an application on existing licensed support facilities and shall
				  not issue a license which would be contrary to the state plan promulgated by
				  the secretary pursuant to Act 605 of 1979;
3. the proposed support facilities will be
				  constructed and operated in conformance with the Act, the rules and regulations
				  of the secretary, other applicable law and conditions of the license;
4. the applicant has reimbursed the secretary
				  for all direct costs incurred by or on behalf of the secretary in processing
				  the application and has paid to the secretary any other sums due the secretary
				  under applicable law.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 3 - Louisiana Fuel Protection Act of 1979; Implementation of Act 605 of 1979 › Section I-309 - Coordination; Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  secretary shall coordinate, consult and cooperate with any federal or state
				  agencies, or political subdivisions of the state, having an interest in the
				  construction and operation of support facilities within the secretary's
				  jurisdiction.
B. Whenever
				  enforcement of any provision of these rules and regulations is warranted, the
				  secretary may initiate and pursue appropriate administrative procedures and may
				  issue such orders and decrees as may be necessary and authorized by the
				  secretary's general rules and regulations, and the secretary may initiate and
				  pursue all appropriate judicial remedies to assure compliance with these rules
				  and regulations.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 51:1603.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 7 - Coastal Management › Subchapter B - Coastal Use Guidelines › Section I-703 - Guidelines for Levees

Current through Register Vol. 50, No. 6, June 20, 2024
A. The leveeing
					 of unmodified or biologically productive wetlands shall be avoided to the
					 maximum extent practicable.
B.
					 Levees shall be planned and sited to avoid segmentation of wetland areas and
					 systems to the maximum extent practicable.
C. Levees constructed for the purpose of
					 developing or otherwise changing the use of a wetland area shall be avoided to
					 the maximum extent practicable.
D.
					 Hurricane and flood protection levees shall be located at the
					 nonwetland/wetland interface or landward to the maximum extent
					 practicable.
E. Impoundment levees
					 shall only be constructed in wetland areas as part of approved water or marsh
					 management projects or to prevent release of pollutants.
F. Hurricane or flood protection levee
					 systems shall be designed, built and thereafter operated and maintained
					 utilizing best practical techniques to minimize disruptions of existing
					 hydrologic patterns, and the interchange of water, beneficial nutrients, and
					 aquatic organisms between enclosed wetlands and those outside the levee
					 system.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						49:214.27.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 7 - Coastal Management › Subchapter B - Coastal Use Guidelines › Section I-707 - Guidelines for Dredged Spoil Deposition

Current through Register Vol. 50, No. 6, June 20, 2024
A. Spoil shall be deposited utilizing the
					 best practical techniques to avoid disruption of water movement, flow,
					 circulation, and quality.
B. Spoil
					 shall be used beneficially to the maximum extent practicable to improve
					 productivity or create new habitat, reduce or compensate for environmental
					 damage done by dredging activities, or prevent environmental damage. Otherwise,
					 existing spoil disposal areas or upland disposal shall be utilized to the
					 maximum extent practicable rather than creating new disposal areas.
C. Spoil shall not be disposed of in a manner
					 which could result in the impounding or draining of wetlands or the creation of
					 development sites unless the spoil deposition is part of an approved levee or
					 land surface alteration project.
D.
					 Spoil shall not be disposed of on marsh, known oyster or clam reefs, or in
					 areas of submersed vegetation to the maximum extent practicable.
E. Spoil shall not be disposed of in such a
					 manner as to create a hindrance to navigation or fishing, or hinder timber
					 growth.
F. Spoil disposal areas
					 shall be designed and constructed and maintained using the best practical
					 techniques to retain the spoil at the site, reduce turbidity, and reduce
					 shoreline erosion when appropriate.
G. The alienation of state-owned property
					 shall not result from spoil deposition activities without the consent of the
					 Department of Natural Resources.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						49:214.27.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 7 - Coastal Management › Subchapter B - Coastal Use Guidelines › Section I-709 - Guidelines for Shoreline Modification

Current through Register Vol. 50, No. 6, June 20, 2024
A. Nonstructural methods of shoreline
					 protection shall be utilized to the maximum extent practicable.
B. Shoreline modification structures shall be
					 designed and built using best practical techniques to minimize adverse
					 environmental impacts.
C. Shoreline
					 modification structures shall be lighted or marked in accordance with U.S.
					 Coast Guard regulations, not interfere with navigation, and should foster
					 fishing, other recreational opportunities, and public access.
D. Shoreline modification structures shall be
					 built using best practical materials and techniques to avoid the introduction
					 of pollutants and toxic substances into coastal waters.
E. Piers and docks and other harbor
					 structures shall be designed and built using best practical techniques to avoid
					 obstruction of water circulation.
F. Marinas and similar commercial and
					 recreational developments shall to the maximum extent practicable not be
					 located so as to result in adverse impacts on open productive oyster beds, or
					 submersed grass beds.
G. Neglected
					 or abandoned shoreline modification structures, piers, docks, and mooring and
					 other harbor structures shall be removed at the owner's expense, when
					 appropriate.
H. Shoreline
					 stabilization structures shall not be built for the purpose of creating fill
					 areas for development unless part of an approved surface alteration
					 use.
I. Jetties, groins,
					 breakwaters, and similar structures shall be planned, designed, and constructed
					 so as to avoid to the maximum extent practicable downstream land loss and
					 erosion.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						49:214.27.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 7 - Coastal Management › Subchapter B - Coastal Use Guidelines › Section I-711 - Guidelines for Surface Alterations

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Industrial, commercial, urban, residential, and recreational uses are necessary
					 to provide adequate economic growth and development. To this end, such uses
					 will be encouraged in those areas of the coastal zone that are suitable for
					 development. Those uses shall be consistent with the other guidelines and
					 shall, to the maximum extent practicable, take place only:
1. on lands 5 feet or more above sea level or
					 within fast lands; or
2. on lands
					 which have foundation conditions sufficiently stable to support the use, and
					 where flood and storm hazards are minimal or where protection from these
					 hazards can be reasonably well achieved, and where the public safety would not
					 be unreasonably endangered, and:
a. the land
					 is already in high intensity of development use; or
b. there is adequate supporting
					 infrastructure; or
c. the vicinity
					 has a tradition of use for similar habitation or development.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 7 - Coastal Management › Subchapter B - Coastal Use Guidelines › Section I-713 - Guidelines for Hydrologic and Sediment Transport Modifications

Current through Register Vol. 50, No. 6, June 20, 2024
A. The controlled
					 diversion of sediment-laden waters to initiate new cycles of marsh building and
					 sediment nourishment shall be encouraged and utilized whenever such diversion
					 will enhance the viability and productivity of the outfall area. Such
					 diversions shall incorporate a plan for monitoring and reduction and/or
					 amelioration of the effects of pollutants present in the freshwater
					 source.
B. Sediment deposition
					 systems may be used to offset land loss, to create or restore wetland areas or
					 enhance building characteristics of a development site. Such systems shall only
					 be utilized as part of an approved plan. Sediment from these systems shall only
					 be discharged in the area where the proposed use is to be
					 accomplished.
C. Undesirable
					 deposition of sediments in sensitive habitat or navigation areas shall be
					 avoided through the use of the best preventive techniques.
D. The diversion of freshwater through
					 siphons and controlled conduits and channels, and overland flow to offset
					 saltwater intrusion and to introduce nutrients into wetlands shall be
					 encouraged and utilized whenever such diversion will enhance the viability and
					 productivity of the outfall area. Such diversions shall incorporate a plan for
					 monitoring and reduction and/or amelioration of the effects of pollutants
					 present in the freshwater source.
E. Water or marsh management plans shall
					 result in an overall benefit to the productivity of the area.
F. Water control structures shall be assessed
					 separately based on their individual merits and impacts and in relation to
					 their overall water or marsh management plan of which they are a
					 part.
G. Weirs and similar water
					 control structures shall be designed and built using the best practical
					 techniques to prevent "cut arounds," permit tidal exchange in tidal areas, and
					 minimize obstruction of the migration of aquatic organisms.
H. Impoundments which prevent normal tidal
					 exchange and/or the migration of aquatic organisms shall not be constructed in
					 brackish and saline areas to the maximum extent practicable.
I. Withdrawal of surface and ground water
					 shall not result in saltwater intrusion or land subsidence to the maximum
					 extent practicable.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						49:214.27.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 7 - Coastal Management › Subchapter B - Coastal Use Guidelines › Section I-715 - Guidelines for Disposal of Wastes

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 The location and operation of waste storage, treatment, and disposal facilities
					 shall be avoided in wetlands to the maximum extent practicable, and best
					 practical techniques shall be used to minimize adverse impacts which may result
					 from such use.
B. The generation,
					 transportation, treatment, storage, and disposal of hazardous wastes shall be
					 pursuant to the substantive requirements of the Department of Environmental
					 Quality adopted pursuant to the provisions of
					 R.S.
					 30:217, et seq.; as amended and approved
					 pursuant to the Resource Conservation and Recovery Act of 1976 P.L. 94-580, as
					 amended, and of the Office of Conservation for injection below
					 surface.
C. Waste facilities
					 located in wetlands shall be designed and built to withstand all expectable
					 adverse conditions without releasing pollutants.
D. Waste facilities shall be designed and
					 constructed using best practical techniques to prevent leaching, control
					 leachate production, and prevent the movement of leachate away from the
					 facility.
E. The use of overland
					 flow systems for nontoxic, biodegradable wastes, and the use of sump lagoons
					 and reservoirs utilizing aquatic vegetation to remove pollutants and nutrients
					 shall be encouraged.
F. All waste
					 disposal sites shall be marked and, to the maximum extent practicable, all
					 components of waste shall be identified.
G. Waste facilities in wetlands with
					 identifiable pollution problems that are not feasible and practical to correct
					 shall be closed and either removed or sealed, and shall be properly revegetated
					 using the best practical techniques.
H. Waste shall be disposed of only at
					 approved disposal sites.
I.
					 Radioactive wastes shall not be temporarily or permanently disposed of in the
					 coastal zone.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						49:214.27.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 7 - Coastal Management › Subchapter B - Coastal Use Guidelines › Section I-717 - Guidelines for Uses that Result in the Alteration of Waters Draining into Coastal Waters

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upland and
					 upstream water management programs which affect coastal waters and wetlands
					 shall be designed and constructed to preserve or enhance existing water
					 quality, volume, and rate of flow to the maximum extent practicable.
B. Runoff from developed areas shall to the
					 maximum extent practicable be managed to simulate natural water patterns,
					 quantity, quality, and rate of flow.
C. Runoff and erosion from agricultural lands
					 shall be minimized through the best practical techniques.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						49:214.27.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 7 - Coastal Management › Subchapter C - Coastal Use Permits and Mitigation › Section I-724 - Rules and Procedures for Mitigation

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. This Section provides general
					 procedures for avoiding and minimizing adverse impacts identified in the permit
					 review and consistency authorization review processes, restoring impacted sites
					 when appropriate, quantifying anticipated unavoidable coastal resources
					 ecological value losses, requiring appropriate and sufficient compensatory
					 mitigation, reviewing and establishing mitigation banks and/or in-lieu-fee
					 programs, and evaluating and processing requests for variances from the
					 compensatory mitigation requirement.
B. Avoidance, Minimization, and Restoration
					 of, and Compensation for, Ecological Losses of Coastal Resources Values
1. The secretary shall not grant a coastal
					 use permit or issue a general permit or consistency authorization for an
					 individual activity unless the permit process includes evaluation of the
					 following:
a. any locations, designs,
					 methods, practices, and techniques which may be required, following a thorough
					 review of §§701-719, to avoid and minimize those adverse impacts
					 identified during the permit review and consistency review processes;
b. any locations, designs, methods,
					 practices, and techniques which may be required, following a thorough review of
					 §§701-719, to restore impacted sites when appropriate; and
c. a requirement for compensatory mitigation
					 to offset any net loss of coastal resources ecological value that is
					 anticipated to occur despite efforts to avoid, minimize, and restore
					 permitted/authorized impacts (i.e., unavoidable net loss of coastal resources
					 ecological value), unless a variance is granted pursuant to §724 K
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 7 - Coastal Management › Subchapter D - Local Coastal Management Programs › Section I-725 - Development, Approval, Modification, and Periodic Review of Local Coastal Management Programs

Current through Register Vol. 50, No. 6, June 20, 2024
A. Letter of
					 Intent. Parishes intending to prepare a local coastal management program (LCMP)
					 shall notify the secretary of DNR by sending a letter of intent approved by the
					 parish Police Jury or Council.
B.
					 Program Development
1. The process for
					 developing a local program will consist of:
a.
					 a division of the parish's coastal zone into units that have similar
					 environmental and natural resource characteristics (environmental management
					 units) and an identification and mapping of the features, resources, and
					 resource users of those units;
b.
					 an analysis of the projected social and economic growth for the parish. This
					 analysis should include projected population growth, economic analysis of
					 coastal dependent industries, estimated demand for and use of land, and an
					 assessment of how these projected changes will affect the natural resources of
					 each management unit as well as the parish as a whole;
c. an identification of existing and
					 potential resource-use conflicts including their location and severity.
					 Identified problems should be mapped to the extent possible;
d. an identification of special management
					 areas, if any, within the parish requiring special management needs as a result
					 of their unique natural resource or development potentials;
e. the development of goals, objectives and
					 policies for the management of the parish's coastal zone. This shall include
					 those goals and objectives applicable to the entire parish coastal zone and
					 specific objectives and priorities of use for each management unit and
					 identified particular area, if any. Except as specified in Subparagraph D.1.d
					 below, these policies, objectives and priorities of uses must be consistent
					 with the policies and objectives of the SLCRMA, as amended, the state
					 guidelines, and Louisiana's Comprehensive Master Plan for a Sustainable
					 Coast;
f. the development of
					 procedures providing for the full participation of federal, state, local and
					 municipal government bodies and the general public in the development and
					 implementation of the parish program;
g. the development of the necessary
					 authorities, procedures, and administrative arrangements for reviewing,
					 issuing, and monitoring permits for uses of local concern;
h. the development of special procedures and
					 methods for considering uses within special management areas designated
					 pursuant to §214.29 of the SLCRMA, if any, and the impacts of uses on the
					 special management areas;
i. the
					 development of special procedures and methods for considering uses of greater
					 than local benefit and uses affecting state or national interests.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 7 - Coastal Management › Subchapter E - Hearings and Public Notice › Section I-727 - Public Hearings and Public Notice

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Scope. This regulation is applicable to all public hearings and public notices
					 pursuant to the SLCRMA. All such public hearings that are determined to be
					 necessary shall be nonadjudicatory public proceedings conducted for the purpose
					 of acquiring information or evidence which will be considered in evaluating a
					 proposed action, and will afford the public an opportunity to present their
					 views and opinions on such action. Public notices shall provide the public with
					 information regarding activities that require such notice.
B. Public Notice of Hearings
1. Public notice as provided in
					 §728 shall be
					 given at least 30 days in advance of any public hearings. Notice shall be sent
					 to all persons requesting notices of public hearings and shall be posted in all
					 governmental bodies having an interest in the subject matter of the hearing.
					 Such notice may be limited in area consistent with the nature of the
					 hearing.
2. The notice shall
					 contain the time, place, and nature of hearing; and the location of materials
					 available for public inspection.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 7 - Coastal Management › Subchapter E - Hearings and Public Notice › Section I-728 - Public Notice

Current through Register Vol. 50, No. 6, June 20, 2024
A. Electronic
					 Public Notice List. The Office of Coastal Management shall maintain the
					 electronic public notice list, which shall contain the name and electronic
					 address provided by all persons who request to receive public notice from the
					 Office of Coastal Management via electronic transmission. Subscribers to the
					 electronic public notice list will receive electronic notification by email or
					 other widely available electronic means of dissemination used for distributing
					 information electronically if the subscriber requests such other means be
					 utilized and if such technology is being used by the Office of Coastal
					 Management. The content of these transmissions will include: public notice of
					 applications, notice of public hearings, notice of other agency actions, and
					 items of general interest related to the programs of the Office of Coastal
					 Management.
1. Procedure for Subscribing to
					 the Electronic Public Notice List
a. Any
					 interested person may request orally or in writing to be added or removed as a
					 subscriber to the electronic public notice list.
b. Once the Office of Coastal Management
					 receives the request, the interested party will be added to the electronic
					 public notice list.