reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 5 - Indian Creek Recreation Area › Section XXXIX-527 - Overnight Use

Current through Register Vol. 50, No. 6, June 20, 2024
A. General
				Provisions
1. Any use of a site requires a
				written permit or payment receipt. Proof of payment shall be presented to a
				department employee upon request.
2. Permittee may not transfer or assign any
				use permit nor sublet any facility or part thereof.
3. The site manager has the authority to
				require the registration of every person occupying a campsite or overnight
				facility.
4. Any permit may be
				terminated by the site manager upon the violation of any established rule,
				regulation, or any condition of the permit.
5. Pass codes on entrance gates are issued
				for the personal use of the permittee, who is prohibited from allowing others
				to use the pass code, or otherwise making the facilities open so that others
				not covered by the permit may enter or leave the facility or area. Each
				campsite will be issued two temporary vehicle mirror hangtags to assist
				employees in identifying paid guests. The first vehicle is the RV or truck
				pulling the camper. The second vehicle is defined as a vehicle being towed
				behind the RV or driven by another occupant who is camping on the same
				campsite. Additional vehicles will be allowed by way of a general admission
				day-use entrance fee (see §531).
6.
				Established time schedules (check-in and checkout) are strictly enforced.
				Failure to comply without advanced approval of the site manager may result in
				additional charges and denial of any future use of the facility.
7. Overnight users must maintain a reasonably
				quiet facility between the hours of 10 p.m. and 7 a.m. No generators are
				allowed to be operational between the aforementioned hours.
8. Overnight users shall not erect or display
				unsightly or inappropriate structures or features which, in the opinion of the
				site manager, may create a disturbing or otherwise unpleasant condition
				detrimental to the general site use.
9. No permittee may repair or install any
				site equipment or furnishings unless authorized and supervised by the site
				manager.
10. No person shall be
				permitted to reside at Indian Creek Recreation Area without written approval of
				the commissioner.
11. Parking for
				boat trailers and additional vehicles may be allowed at the discretion of the
				site manager or his designee, subject to individual site suitability for such
				purposes.
12. Permittees waive and
				release all claims against the state of Louisiana for any damage to person or
				property arising from the privileges granted by any use permit.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 5 - Indian Creek Recreation Area › Section XXXIX-529 - Fees and Emergency Closing

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The use of Indian Creek Recreation Area is subject to charges which will be
				imposed by the manager according to the schedule of fees approved by the
				department. The manager or his agents are responsible for the collection and
				enforcement of these fees.
B. The
				commissioner or his authorized agent may direct the closing of Indian Creek
				Recreation Area to public use when or if any natural or man-made occurrence has
				affected, or is expected to affect, the operation and management of the site to
				a degree that normal public use and enjoyment are altered, or when such use may
				impair the health, safety, and well-being of the public or employees of the
				agency.
AUTHORITY NOTE:
				  Promulgated in accordance with Act 591 of 1970 and
				  R.S.
				  3:4402.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 5 - Indian Creek Recreation Area › Section XXXIX-531 - Fees; Day-Use Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. General
				Admission Day-Use Entrance Fees
1. The
				day-use fee at Indian Creek Recreational Area is $7 per vehicle. Pavilion
				rental does not include day-use fee.
2. A self-service fee system may be used to
				collect user fees.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 5 - Indian Creek Recreation Area › Section XXXIX-533 - Fees; Boating

Current through Register Vol. 50, No. 6, June 20, 2024
A. Canoes,
				kayaks, flat bottom boats, paddleboats or other watercraft may be rented for
				$30 per vessel per day. Rental of any watercraft includes paddles and two
				lifejackets. Additional life jackets are available for rental at fee of $1 per
				day.
AUTHORITY NOTE:
				  Promulgated in accordance with Act 591 of 1970 and
				  R.S.
				  3:4402.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 5 - Indian Creek Recreation Area › Section XXXIX-535 - Fees and Exemptions; Exemptions/Discounts

Current through Register Vol. 50, No. 6, June 20, 2024
A. Veterans. A veteran of the Armed Forces of
				the United States who shows proof of same and any person(s) accompanying him in
				a single, private, non-commercial vehicle, may receive a 10 percent discount on
				camp site rental fees. There is no discount on the winter rates or other rental
				rates (kayaks, boats, etc.). Veterans will also receive a 50 percent discount
				off day-use fees. Proper picture identification is required.
B. Disabled Veterans. A special veteran
				entrance permit allows any disabled Louisiana resident who is a veteran of the
				armed forces of the United States, and any person(s) accompanying him in a
				single, private, non-commercial vehicle exemption from the day-use entrance
				fee. Applications for a veteran permit may be made to the Louisiana Department
				of Veterans Affairs service office serving the parish in which the applicant
				resides. Proper picture identification is required.
C. School Groups. Any child who is on a field
				trip conducted as part of the curriculum of the school and any classroom
				teacher, parent, bus driver and any other person accompanying a school child on
				such a field trip are exempt from paying the general admission charge to any
				site.
D. Senior Citizens. Any
				person age 50 or older may receive a 10 percent discount on camp site rental
				fees. There is no discount on the general entrance fee, winter rates or other
				rental rates (kayaks, boats, etc.).
AUTHORITY NOTE:
				  Promulgated in accordance with Act 591 of 1970 and
				  R.S.
				  3:4402.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 5 - Indian Creek Recreation Area › Section XXXIX-537 - Fees and Exemptions; Special Promotions

Current through Register Vol. 50, No. 6, June 20, 2024
A. From time-to-time, as deemed appropriate
				by the commissioner of Agriculture and Forestry or his designee, special
				programs, occupancy regulations, discounts or waivers on user fees may be
				offered in order to encourage visitation. These special promotional offers must
				be reviewed and reauthorized annually
AUTHORITY NOTE:
				  Promulgated in accordance with Act 591 of 1970 and
				  R.S.
				  3:4402.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 5 - Indian Creek Recreation Area › Section XXXIX-539 - Fees and Exemptions; Overnight Use

Current through Register Vol. 50, No. 6, June 20, 2024
A. Camping
1. Standard Campsite. A standard campsite
				rents for up to $20 per night during the winter season (November 1-February 28)
				and up to $24 per night during the summer season (March 1-October 31). A
				premium waterfront campsite rents for up to $24 per night during the winter
				season (November 1-February 28) and up to $30 per night during the summer
				season (March 1-October 31).
2.
				Pull-Thru Campsite. A pull-thru campsite consists of two sites.
a. Pull-Thru Non-Water Front Single Campsite
				(Standard Single Pull-Thru). A pull-thru single non-water front campsite rents
				for up to $20 per night during the winter season (November 1-February 28) and
				up to $24 per night during the summer season (March 1-October 31).
b. Pull-Thru Water-Front Single Campsite
				(Premium Single Pull-Thru). A pull-thru waterfront single campsite rented for
				use by a single tenant camper rents for up to $24 per night during the winter
				season (November 1-February 28) and up to $30 per night during the summer
				season (March 1-October 31).
c.
				Pull-Thru Water-Front Double Campsite (Ultra Pull-Thru). A pull-thru waterfront
				double campsite rented for use by a single tenant camper rents for up to $44
				per night during the winter season (November 1-February 28) and up to $56 per
				night during the summer season (March 1-October 31).
3. Primitive Area. A primitive area campsite
				rents for up to $12 per night during the winter season (November 1-February 28)
				and up to $16 per night during the summer season (March 1-October
				31).
4. Full Hook-Up Sites. A full
				hook-up site rents for up to $30 per night during the winter season (November
				1-February 28) and up to $35 per night during the summer season (March
				1-October 31).
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 5 - Indian Creek Recreation Area › Section XXXIX-541 - Reservation Policy

Current through Register Vol. 50, No. 6, June 20, 2024
A. General
				Provisions
1. Reservations may be made for
				Indian Creek Recreational Area for an allotted number of campsites as
				determined by the site manager.
2.
				Reservations are accepted only from persons 18 years of age or older. All
				persons under 18 years of age must be accompanied by adults when using reserved
				facilities.
3. Payment must be made
				in full at the time the reservation is made.
4. Cancellation of a reservation initiated by
				the site user and made up to 48 hours prior to the date of arrival will incur a
				one night charge. No cancellations will be accepted 48 hours prior to the date
				of arrival. A transfer of reservation dates will be treated as a cancellation
				and a new reservation, and is therefore subject to the cancellation policy.
				There is no charge to transfer a reservation from one site to a different site
				on the same dates. Requests for waivers of the cancellation fee must be made in
				writing to the commissioner of Agriculture and Forestry or his designee and
				will be granted only in extreme circumstances.
5. Cancellation of a monthly reservation
				initiated by the site user and made up to 48 hours prior to the date of arrival
				will incur a $50 charge. No cancellations will be accepted 48 hours prior to
				the date of arrival. A transfer of reservation dates will be treated as a
				cancellation and a new reservation, and is therefore subject to the
				cancellation policy. There is no charge to transfer a reservation from one site
				to a different site on the same dates. Requests for waivers of the cancellation
				fee must be made in writing to the commissioner of agriculture and forestry or
				his designee and will be granted only in extreme circumstances.
6. In the event reservations must be canceled
				by LDAF staff (e.g., for maintenance or emergency reasons) the rental fee will
				be refunded in full.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 5 - Indian Creek Recreation Area › Section XXXIX-543 - Refunds

Current through Register Vol. 50, No. 6, June 20, 2024
A. Refunds will not
				be issued to visitors evicted for enforcement or disciplinary
				reasons.
B. All reservation refunds
				must be issued through the Office of Management and Finance or through the
				online reservations system. No cash refunds will be issued.
C. Refunds of day use fees are not granted
				when a visitor, by his own choosing, leaves the site due to inclement weather.
				In the event of a declared state of emergency that directly affects Indian
				Creek Recreation Area, refunds may be issued to all campers.
AUTHORITY NOTE:
				  Promulgated in accordance with Act 591 of 1970 and
				  R.S.
				  3:4402.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 5 - Indian Creek Recreation Area › Section XXXIX-545 - Pavilion Use; Rate; Restrictions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Pavilion Rental
1. Exclusive use of the
				pavilion can only be made by executing a rental agreement and payment of a
				rental fee.
2. The pavilion rental
				rate is $100 per day for the large pavilion and $30 per day for the small
				pavilion. Pavilion rental does not include day-use fee.
3. Full payment of the $100 rental fee for
				the large pavilion and $30 rental fee for the small pavilion is due at time of
				reservation. Prior to, or on the date of the reservation, a $50 cleaning
				deposit is required for the large pavilion and $15 cleaning deposit for the
				small pavilion. The party renting the pavilion is responsible for cleanup after
				the event and ensuring the pavilion is not damaged. The cleaning deposit will
				be refunded to the customer either electronically or by U.S. mail within 10
				days of the event if sufficiently clean.
4. The pavilion may only be used between the
				hours of 8 a.m. and 7 p.m.
5. No
				inflatable jumpers/slides using water will be permitted for use in the park. No
				inflatable or plastic swimming pools will be allowed in the park.
6. All general park rules apply to the
				pavilion rental.
7. Any damage or
				destruction of property will be repaired or replaced at the expense of the
				renter.
8. Cancellation of a
				reservation initiated by the renter made up to 48 hours prior to the date of
				rental will incur a $35 charge for the large pavilion, and a $15 charge for the
				small pavilion. No cancellations will be accepted 48 hours prior to the date of
				arrival; therefore, the entire deposit will be retained by the Department of
				Agriculture and Forestry.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 5 - Indian Creek Recreation Area › Section XXXIX-547 - Mandatory Minimum Stays

Current through Register Vol. 50, No. 6, June 20, 2024
A. The park
				manager, at his discretion, may impose mandatory minimum stays during peak
				usage times.
AUTHORITY NOTE:
				  Promulgated in accordance with Act 591 of 1970 and
				  R.S.
				  3:4402.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 7 - Forest Landowner Assistance › Section XXXIX-701 - Management Service Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				Department of Agriculture and Forestry, Office of Forestry, shall, under the
				direction of the state forester, provide private landowners with assistance in
				the management of their forestlands.
1. Basic
				Services ($300 minimum charge)-performed on an as-requested basis in all Office
				of Forestry districts:
a. prescribed burning
				services:
i. reforestation (cutover areas):
(a). $25/acre plus fireline establishment:
				$70/hour for light tractor (dozer) work-650 John Deere (or other brand of
				similar power) or less;
(b).
				$100/hour for heavy tractor (dozer) work-750 John Deere (or other brand of
				similar power);
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 9 - Prescribed Burning › Section XXXIX-901 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Act
-Act 589 of the 1993 Regular Session of
				  the Louisiana Legislature.
Commissioner
-the Commissioner of the
				  Louisiana Department of Agriculture and Forestry.
Department
-Louisiana Department of
				  Agriculture and Forestry.
Prescribed Burning Certificate
-document
				  issued by the Department of Agriculture and Forestry certifying that the
				  document holder has completed the requirements of Louisiana
				  R.S.
				  3:17 and this rule.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:17.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 9 - Prescribed Burning › Section XXXIX-903 - Written Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Written
				authority for a prescribed burn shall consist of a prescribed burning
				certificate issued to the prescribed burner by the department and signed by the
				associate state forester or the chief of the Forest Protection Branch of the
				Office of Forestry.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:17.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 9 - Prescribed Burning › Section XXXIX-905 - Completion of Prescribed Burn

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Prescribed burns performed pursuant to the authority granted by the Act and
				conducted in accordance with the Act and these regulations shall be completed
				and declared safe when the certified prescribed burn manager who has been
				present on site from ignition finds:
1. that
				the ignition process has been safely accomplished;
2. the fire is safely contained within the
				control lines; and
3. the smoke is
				acting in a fashion consistent with the weather forecast and the burning
				prescription for that tract.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 9 - Prescribed Burning › Section XXXIX-907 - Prescribed Burner Certification; Prerequisites and Training

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department
				may offer workshops for the certification of prescribed burners.
B. The department shall certify qualified
				individuals as certified burners who meet the following requirements:
1. complete a university-sponsored
				prescribed-burn continuing education course or other program approved by the
				department;
2. attend a
				certification workshop conducted or approved by the department;
3. score a passing grade on a certification
				test administered or approved by the department;
4. participate in a minimum of five
				prescribed burns as the person in charge of the execution of the
				burns;
5. submit a completed
				application on a form provided by the department; and
6. submit a signed statement indicating that:
a. the applicant has participated in a
				minimum of five prescribed burns as the person in charge of the execution of
				those burns; and
b. the applicant
				has completed a university-sponsored prescribed-burn continuing education
				course or other program approved by the department.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 9 - Prescribed Burning › Section XXXIX-909 - Renewal of Prescribed Burner Certification

Current through Register Vol. 50, No. 6, June 20, 2024
A. In order to maintain a valid
				certification, all certified prescribed burners shall renew their certification
				every five years.
B. A certified
				prescribed burner shall renew their certification by:
1. completing a certified prescribed burner
				refresher course every five years, prior to the end of each fifth year
				following certification; and
2.
				producing proof of completion of the course to the department, prior to the end
				of each fifth year following certification.
a.
				Proof of completion may consist of a certificate of completion or, if no
				certificate is provided by the course, submission of a signed statement
				attesting to attendance, including course name, date(s) attended, and provider
				of the course.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 9 - Prescribed Burning › Section XXXIX-911 - Voluntary Smoke Management Guidelines

Current through Register Vol. 50, No. 6, June 20, 2024
A. The official guidelines for management of
				smoke from prescribed burns shall be as contained in
Louisiana Smoke
				Management Guidelines
, published by the Louisiana Department of
				Agriculture and Forestry. Revisions to the guidelines shall take effect upon
				their publication by the department.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:17.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 9 - Prescribed Burning › Section XXXIX-913 - Complaints and Investigation

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Any person who wishes to file a complaint regarding an agricultural burn may do
				so by telephone or in writing. In order to file a complaint by telephone,
				persons must contact the department via the department's 24-hour telephone
				hotline. Complaints may also be made by filling out a department-approved
				complaint form available on the department's website, by mailing a written
				complaint to the department, or by sending electronic mail to
				burncomplaints@ldaf.state.la.us.
B.
				A complaint shall, at a minimum, contain the following information:
1. the name, address and telephone number of
				the person making the complaint;
2.
				the address, location or geographic coordinates of the agricultural burn,
				including the name of the parish;
3. the date and time of the complaint;
				and
4. a detailed explanation of
				all conduct and/or conditions which form the basis of the complaint.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 9 - Prescribed Burning › Section XXXIX-914 - Suspension and Revocation of Prescribed Burning Certificate (Formerly section 913)

Current through Register Vol. 50, No. 6, June 20, 2024
A. In the event
				that the department determines that the practices and procedures utilized by a
				certified prescribed burn manager during one or more prescribed burns
				substantially deviates from accepted practices and procedures for prescribed
				burning in effect at the time of certification or at the time of the aforesaid
				prescribed burn or burns, the department shall conduct an adjudicatory hearing
				in accordance with the Administrative Procedure Act in order to determine
				whether to suspend or revoke the prescribed burning certificate.
B. All hearings conducted pursuant to this
				section shall be heard by a three person hearing panel appointed by the
				commissioner. The commissioner may appoint a hearing officer to conduct the
				hearing.
C. At the conclusion of
				the administrative hearing, the hearing panel may recommend that the certified
				prescribed burn manager's certificate be suspended or revoked. If the panel
				recommends the certificate be suspended or revoked, it may also recommend that
				the prescribed burn manager be eligible to have his certificate reinstated
				after a certain period of time. The hearing panel's recommendation shall be
				submitted to the commissioner for his determination.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:17.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 10 - Reforestation of Public Lands › Section XXXIX-1001 - Scope; Agencies Involved

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Any state agency, department, board or commission, desiring to cut down or
				remove any tree or trees 10" diameter-breast-height or larger must first submit
				a request for approval to the Louisiana Department of Agriculture and Forestry,
				Office of Forestry, Box 1628, Baton Rouge, LA 70821-1628, addressed to the
				attention of the state forester
B.
				The request for approval must include information about what trees are to be
				cut down, their location, size and species. A site plan or diagram such that
				trees can be located by an inspector is required and also the intent or reason
				for the removal of the tree or trees.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4271.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 10 - Reforestation of Public Lands › Section XXXIX-1003 - Response to Agency Reports

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				Louisiana Department of Agriculture and Forestry has 30 days in which to
				respond in writing to the written request. If no response is heard within 30
				days, approval is automatically granted.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4271.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 10 - Reforestation of Public Lands › Section XXXIX-1005 - Site Inspections

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				Louisiana Department of Agriculture and Forestry can inspect the site and make
				written recommendations to include alternatives to removing the trees, species,
				location and numbers of replacement trees and recommendations concerning
				planting and after care of planted trees. These recommendations will be adhered
				to unless determined to be physically impossible.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4271.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 10 - Reforestation of Public Lands › Section XXXIX-1007 - Appeals

Current through Register Vol. 50, No. 6, June 20, 2024
A. An appeal
				process is available, if the state agency, department, board or commission for
				some reason cannot comply with the recommendations of the Louisiana Department
				of Agriculture and Forestry, then a representative can appeal to the state
				forester or commissioner of the Department of Agriculture and Forestry for
				reconsideration. This must be done within 30 days of the written
				recommendations. The state forester or commissioner of the Louisiana Department
				of Agriculture and Forestry shall have the power to waive any or all planting
				requirements.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4271.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 10 - Reforestation of Public Lands › Section XXXIX-1009 - Tree Planting; Survival Inspections

Current through Register Vol. 50, No. 6, June 20, 2024
A. Required tree planting shall be completed
				during the next planting season after the removal of the trees. The Louisiana
				Department of Agriculture and Forestry can check tree planting survival up to
				three years after planting and require replacement of any losses.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4271.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 10 - Reforestation of Public Lands › Section XXXIX-1011 - Size Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. On
				developed sites around buildings and along highway rights-of-way, a minimum
				tree size for planting is 1 inch caliper and 5 feet tall. The Louisiana
				Department of Agriculture and Forestry can require larger planting stock when
				deemed necessary for adequate survival. Seedlings may be allowed in certain
				areas where survival is not considered a problem.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4271.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 10 - Reforestation of Public Lands › Section XXXIX-1013 - Landscape Architects

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				Louisiana Department of Agriculture and Forestry may require the use of a
				landscape architect in certain projects where their services are deemed
				necessary to ensure adequate attention to sensitive design
				considerations.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4271.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 10 - Reforestation of Public Lands › Section XXXIX-1015 - Timber Harvesting

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				agency or department owning or controlling commercial forest land and desirous
				to harvest timber from this land is required by Act 211, 1987 Regular
				Legislative Session, to contact the Office of Forestry for assistance in
				developing a forest management plan for the acreage. Reforestation measures
				will be required as appropriate and this forest management plan will satisfy
				the requirements of Act 176.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4271.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 10 - Reforestation of Public Lands › Section XXXIX-1017 - Developing Wooded Property

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				agency planning to develop a site that contains existing trees must include the
				intent of Act 176 in the planning process of the project before any clearing of
				existing trees takes place. Assistance can be obtained from the Office of
				Forestry personnel to: locate, identify, evaluate and inventory existing trees;
				to provide technical assistance to save as many existing trees as is
				appropriate as well as to assist in the selection and placement of replacement
				trees. Emphasis shall be put on selection of appropriate species, size and
				location of trees.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4271.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 11 - Rural Fire Protection › Subchapter B - Parish Burn Ban Ordinances › Section XXXIX-1111 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Commissioner
				  of Agriculture and Forestry adopts the following regulations for the purpose of
				  implementing the provisions of
				  R.S.
				  33:1236(31)(b)(iii) and
				  R.S.
				  30:2057(B)(5)(c), relative
				  to the regulation of burning of vegetable matter and flammable materials in
				  certain parishes when the fire danger rating for the parish is high or is
				  predicted to be high.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:3; 30:2057(B)(5)(c) and
					 33:1236(31)(b)(iii).
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 11 - Rural Fire Protection › Subchapter B - Parish Burn Ban Ordinances › Section XXXIX-1113 - Determination of Fire Danger Rating

Current through Register Vol. 50, No. 6, June 20, 2024
A. The fire danger rating for the state shall
				  be primarily determined by the Keetch Byram Drought Index generalized color map
				  (KBDI) which is published weekly by the Louisiana Office of State Climatology,
				  Louisiana State University.
B. The
				  fire danger rating for a parish will be high when any portion of a parish is
				  indicated with a KBDI index of 601 or greater based on the most current KBDI
				  color map.
C. If the Louisiana
				  Department of Agriculture and Forestry has sufficient cause to believe that
				  fire danger in localized areas may not be accurately represented by the
				  published KBDI map, then the department may use additional data to analyze
				  conditions and to declare a state of high fire danger for any parish if
				  warranted by available data.
D. If
				  the department declares one or more parishes to have a high fire danger rating,
				  based on data other than the KBDI map, then the department will publish a list
				  of such parishes on its website.
E.
				  The KBDI map may be referenced through the Louisiana Office of State
				  Climatology through its website at www.losc.lsu.edu or by the Louisiana
				  Department of Agriculture and Forestry's website at
				  www.ldaf.state.la.us.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:3; 30:2057(B)(5)(c) and
					 33:1236(31)(b)(iii).
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 13 - Forestry Productivity Program › Section XXXIX-1301 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Commissioner
				of Agriculture and Forestry adopts the following regulations under the
				authority of
				R.S.
				3:4413 for the purpose of implementing the
				provisions of
				R.S
				3:4410-4416, the Louisiana Forestry Productivity
				Program, enacted by Act 1377 of 1997.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4413.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 13 - Forestry Productivity Program › Section XXXIX-1303 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The terms
				defined in this Section have the meanings given to them herein, for purposes of
				these regulations, except where the context expressly indicates otherwise.
Approved Forestry Practice
-forestry practice
				  approved by the Department, for which the landowner is authorized to receive
				  reimbursement under the cooperative agreement.
Commission
-Louisiana Forestry
				  Commission
Cooperative Agreement
-the written and signed
				  contract including all other documents made a part of the agreement or
				  incorporated by reference between the department and a landowner, together with
				  any written and signed amendments or addendums to the original cooperative
				  agreement, establishing the terms of the agreement between the department and
				  the landowner under the Louisiana Forestry Productivity Program.
Department
-the Louisiana Department of
				  Agriculture and Forestry, Office of Forestry.
Forestry Practice
-any procedure or method
				  used in the establishment and management of timber species.
Fund
-the Forestry Productivity Fund
				  established at
				  R.S.
				  3:4411.B.
Landowner
-any individual, corporation,
				  partnership, association, trust, joint venture, other legal entity or
				  combination thereof who owns 5 contiguous acres or more of land located in
				  Louisiana. For purposes of these regulations a joint ownership of property is
				  considered to be one landowner separate and apart from the individuals or
				  entities who own the property jointly.
Program
-the Forestry Productivity Program
				  authorized by
				  R.S.
				  3:4410-4416.
State
-collectively, the State of Louisiana,
				  the Department of Agriculture and Forestry, the State Forestry Commission and
				  the Commissioner of Agriculture and Forestry.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4413.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 13 - Forestry Productivity Program › Section XXXIX-1305 - Application and Fee

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				landowner desiring to apply for participation in this program must first submit
				an application to the department on a form supplied by the
				department.
B. Each landowner
				submitting an application must also submit a $25 nonrefundable application fee
				at the time the landowner's application is initially submitted to the
				department.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4413.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 13 - Forestry Productivity Program › Section XXXIX-1307 - Extent of State Participation

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The commissioner shall determine the state's annual level of involvement in the
				Program. The determination shall be made upon recommendation from the
				commission. The commission shall base its recommendation on available program
				funding and landowner requests for program participation.
B. Financial assistance by the state to any
				one landowner participating in this program shall be limited to a total value
				not to exceed $15,000 during a fiscal year.
C. The state's participation under any
				cooperative agreement shall be limited to either or both of the following types
				of assistance:
1. a direct grant, for the
				purpose of assisting the landowner in implementing an approved forestry
				practice authorized by a cooperative agreement through the use of the
				landowner's resources or through the landowner's contacts with private firms;
				or
2. utilization of the state's
				personnel, equipment, or materials to implement an approved forestry practice
				authorized by a cooperative agreement, if private sector services are
				unavailable.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 13 - Forestry Productivity Program › Section XXXIX-1309 - Land and Landowners Eligibility, Exclusions and Limitations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any landowner
				owning five contiguous acres or more in Louisiana suitable for growing a timber
				species approved by the department is eligible for participation in this
				program unless excluded by these regulations or otherwise excluded by
				law.
B. The following landowners
				are not eligible to participate in this program:
1. landowners owning less than 5 contiguous
				acres of land;
2. public utilities
				companies;
3. landowners engaged in
				the manufacturing or production of forestry products;
4. any federal, state, or local government
				agency or political subdivision;
5.
				corporations with publicly traded stock;
6. any landowner with joint ownership in an
				eligible tract of land unless all joint owners and usufructuaries or duly
				authorized agent or agents, if any, sign the cooperative agreement;
7. any entity, other than a natural person,
				including but not limited to trusts, joint ventures, partnership, limited
				liability companies or successions, which have a set legal existence of less
				than 10 years unless all persons or legal entities who would, by law, be
				entitled to receive title to the land upon dissolution of the entity sign the
				cooperative agreement.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 13 - Forestry Productivity Program › Section XXXIX-1311 - Obligations of the Landowner

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				landowner shall abide by the provision of the law establishing this program,
				these regulations, and the cooperative agreement.
B. The landowner shall maintain the land
				subject to the cooperative agreement in forestry usage in accordance with the
				cooperative agreement for a period of at least 10 years from the date the
				department issues a certification of performance of the terms of the
				cooperative agreement. This requirement shall not apply when the approved
				practice is prescribed burning.
C.
				The landowner shall not sell, convey, or otherwise lose control of land subject
				to a cooperative agreement under this program without placing a provision in
				the Act transferring the land requiring the new landowner to assume
				responsibility for abiding by the terms of the cooperative agreement and to
				maintain the approved forestry practices for the life of the cooperative
				agreement.
D. The landowner shall
				reimburse the department the cost of the state's involvement in the cooperative
				agreement plus court costs and reasonable attorney fees if the landowner
				violates the law establishing the program, these regulations or the cooperative
				agreement.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4413.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 13 - Forestry Productivity Program › Section XXXIX-1313 - Approved Forestry Practices

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Forestry practices approved by the commissioner for purposes of this program
				are:
1. site preparation for reforestation by
				natural or artificial means;
2.
				planting of seeds or seedlings;
3.
				timber stand improvement through removal of undesirable vegetation or trees;
				and
4. post planting procedures
				that improve the growth, productivity, or viability of trees planted under this
				program.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 13 - Forestry Productivity Program › Section XXXIX-1315 - Forestry Practice Implementation Period

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each landowner shall have 11 months to
				complete the forestry practice or practices authorized by the cooperative
				agreement.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4413 and RS.
				  3:4415.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 13 - Forestry Productivity Program › Section XXXIX-1317 - Payment by the Department

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Payment by the department to any landowner under any cooperative agreement
				entered into under this program shall be made by the department only out of
				monies that are in the fund at the time payment is due.
B. The department shall make payment under
				any cooperative agreement only when:
1. the
				landowner has completed, to the department's satisfaction, all forestry
				practices stated in the cooperative agreement;
2. the landowner has complied with all other
				terms of the cooperative agreement;
3. the landowner has submitted invoices paid
				by him for all forestry practices authorized by the cooperative
				agreement.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 13 - Forestry Productivity Program › Section XXXIX-1319 - Repayment by Landowners to the Department

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department may seek repayment from a
				landowner when:
1. the landowner has, for any
				reason, received monies over and above the amount allowed by law or these
				regulations;
2. the landowner has
				failed to maintain the approved forestry practices for the life of the
				cooperative agreement;
3. the
				landowner has failed to abide by the terms of the cooperative
				agreement;
4. the landowner sells,
				conveys, or otherwise loses control of land subject to a cooperative agreement
				under this program and the new landowner does not abide by the terms of the
				cooperative agreement or does not maintain the approved forestry practices for
				the life of the cooperative agreement;
5. the department determines that a landowner
				has committed program violations or abuses that require repayment from the
				landowner or has violated any of the provisions of
				§1311 of these regulations.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 13 - Forestry Productivity Program › Section XXXIX-1321 - Competitive Research and Cooperative Extension Grants

Current through Register Vol. 50, No. 6, June 20, 2024
A. A competitive grant process is hereby
				created, subject to the following provisions, in order to provide for research
				and cooperative extension activities to enhance reforestation, increase
				productivity, and to further knowledge regarding the proper application of
				forestry principles.
B. Each fiscal
				year the commissioner may set aside a portion of the monies in the fund to be
				used for competitive grants.
C. All
				competitive grants shall be awarded on a matching fund basis, with no more than
				50 percent of the cost of the program being funded to be paid by the
				fund.
D. No grant shall be awarded
				under this program for any purposes other than research or cooperative
				extension activities intended to enhance reforestation, increase productivity,
				or to further knowledge regarding the proper application of forestry
				principles.
E. All grant proposals
				must be submitted, in writing, to the department no later than May 1 of each
				year. Each grant proposal must state in detail the purpose, goals, procedures,
				completion date and budget of the project as well as any additional information
				requested by the department.
F. The
				commissioner may award grants, no later than July 1 of each year, if the
				commission determines that an award of a grant will fulfill the purposes of the
				program. Upon the award of a grant the department and the grant recipient will
				enter into a written cooperative agreement detailing the terms and conditions
				of the grant.
G. Any grant that is
				awarded for a project that extends beyond the fiscal year in which the initial
				grant award is made may be renewed for the following fiscal year but any
				payment of monies by the department under the extended grant shall be subject
				to the availability of grant money in the fund.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:4413 and
				  R.S.
				  3:4416.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXIX - Forestry › Chapter 15 - Timber Harvesting and Receiving Records › Section XXXIX-1501 - Loaders Log: Required Information; Distribution; Maintenance of Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. A loaders log
				must be kept on all timber harvesting sites. On any per-unit sale, upon
				completion of the harvest, the purchaser must provide the timber owner a copy
				of the loaders log. Loaders log must be maintained for a period not less than
				six years.
B. Each loaders log must
				contain the following information:
1. loader
				make and model-each loader used must be identified on the loaders log book by
				make and model;
2. load number-each
				load of timber leaving a cutting site must be assigned a load number. Load
				numbers for each job site must be in sequence;
3. parish/county and state-the parish or
				county and state where the timber was severed;
4. landowner's name-the name of the owner of
				the land where the timber is being severed. On multiple ownership land, the
				name of the estate, corporation, or what the site is commonly known as, may be
				entered. On industrial lands, the company tract number may be listed;
5. date and time-the date and time the forest
				product is loaded on the truck;
6.
				product-the forest product type must be clearly identified, for instance pine
				log, pine pulp, hardwood log, hardwood pulp, chip and saw, poles. The following
				symbols may be used: PL-pine logs; PP-pine pulp; HWL-hardwood logs;
				HWP-hardwood pulp; C&S-chip and saw. Any other forest product must be
				written out. The severance tax code may also be used to identify the
				product;
7. destination-the first
				wood-receiving facility that the forest product is being transported
				to;
8. loader's name-the name of
				the individual loading the timber. Name must be as shown on the loaders drivers
				license. Must be printed and legible;
9. driver's name-the name of the driver
				transporting the load. Name must be as shown on the drivers CDL. Must be
				printed and legible.