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-701 - Guidelines Applicable to All Uses

Current through Register Vol. 50, No. 6, June 20, 2024
Coastal use guidelines as approved by the House Natural
						Resources Committee on July 9, 1980, the Senate Natural Resources Committee on
						July 11, 1980, and the governor on July 24, 1980.
A. The guidelines must be read in their
					 entirety. Any proposed use may be subject to the requirements of more than one
					 guideline or section of guidelines and all applicable guidelines must be
					 complied with.
B. Conformance with
					 applicable water and air quality laws, standards and regulations, and with
					 those other laws, standards and regulations which have been incorporated into
					 the coastal resources program shall be deemed in conformance with the program
					 except to the extent that these guidelines would impose additional
					 requirements.
C. The guidelines
					 include both general provisions applicable to all uses and specific provisions
					 applicable only to certain types of uses. The general guidelines apply in all
					 situations. The specific guidelines apply only to the situations they address.
					 Specific and general guidelines should be interpreted to be consistent with
					 each other. In the event there is an inconsistency, the specific should
					 prevail.
D. These guidelines are
					 not intended to nor shall they be interpreted so as to result in an involuntary
					 acquisition or taking of property.
E. No use or activity shall be carried out or
					 conducted in such a manner as to constitute a violation of the terms of a grant
					 or donation of any lands or waterbottoms to the state or any subdivision
					 thereof. Revocations of such grants and donations shall be avoided.
F. Information regarding the following
					 general factors shall be utilized by the permitting authority in evaluating
					 whether the proposed use is in compliance with the guidelines:
1. type, nature, and location of
					 use;
2. elevation, soil, and water
					 conditions and flood and storm hazard characteristics of site;
3. techniques and materials used in
					 construction, operation, and maintenance of use;
4. existing drainage patterns and water
					 regimes of surrounding area including flow, circulation, quality, quantity, and
					 salinity; and impacts on them;
5.
					 availability of feasible alternative sites or methods of implementing the
					 use;
6. designation of the area for
					 certain uses as part of a local program;
7. economic need for use and extent of
					 impacts of use on economy of locality;
8. extent of resulting public and private
					 benefits;
9. extent of coastal
					 water dependency of the use;
10.
					 existence of necessary infrastructure to support the use and public costs
					 resulting from use;
11. extent of
					 impacts on existing and traditional uses of the area and on future uses for
					 which the area is suited;
12.
					 proximity to and extent of impacts on important natural features such as
					 beaches, barrier islands, tidal passes, wildlife and aquatic habitats, and
					 forest lands;
13. the extent to
					 which regional, state, and national interests are served including the national
					 interest in resources and the siting of facilities in the coastal zone as
					 identified in the coastal resources program;
14. proximity to, and extent of impacts on,
					 special areas, particular areas, or other areas of particular concern of the
					 state program or local programs;
15. likelihood of, and extent of impacts of,
					 resulting secondary impacts and cumulative impacts;
16. proximity to and extent of impacts on
					 public lands or works, or historic, recreational, or cultural
					 resources;
17. extent of impacts on
					 navigation, fishing, public access, and recreational opportunities;
18. extent of compatibility with natural and
					 cultural setting;
19. extent of
					 long term benefits or adverse impacts.