Louisiana Administrative Code › Title 56 - PUBLIC WORKS › Part III - Flood Control and Water Management › Subpart 1 - Water Resources and Flood Control › Chapter 7 - Dam Safety Program › Subchapter A - Dam Safety › Section III-709 - Permitting

Current through Register Vol. 50, No. 6, June 20, 2024
A. Application for
					 Permit. Written approval for construction from the DOTD will be required prior
					 to constructing any new impoundment structure or commencing any structural
					 modifications to existing impoundment structures. Permit forms may be obtained
					 from the Director, *Public Works and Flood Control Directorate, Louisiana
					 Department of Transportation and Development, Box 94245, Baton Rouge, LA,
					 70804-9245. The permitting process is intended to ensure that new structures
					 and modifications to existing structures are designed and constructed in
					 accordance with the requirements documented herein. (See §733, Appendix
					 3.)
B. National Resources
					 Conservation Service (NRCS), formally called Soil Conservation Service (SCS).
					 The approval process may be abbreviated if dams meet the requirements of "Pond
					 Standard 378" of the National Resources Conservation Service
National
					 Handbook for Conservation Practices
and the National Resources
					 Conservation Service's engineering staff provides the design, layout, and
					 construction inspection. In this case, the National Resources Conservation
					 Service will certify that the dam design and construction meets the
					 requirements of "Pond Standard 378" and they will provide the DOTD with the
					 Pond Data Sheet, a map showing the location of the pond, and a letter signed by
					 the owner of the dam (See §735, Appendix 4). The National Resources
					 Conservation Service will agree to periodically inspect the structure to ensure
					 that "Pond Standard 378" is being maintained, and to inform the DOTD if the
					 structure ever falls below "Pond Standard 378."
C. Public Hearings. After an application has
					 been filed and accepted, the public in the affected locale will be notified by
					 publication in the local news publication. The Director of Public Works and
					 Flood Control will prepare a notice, assigning a date and place for a public
					 hearing of the application. The notice will contain information describing the
					 application and the name and address of the applicant (See §737, Appendix 5).
					 It will be the applicant's responsibility to have the notice published once a
					 week for two consecutive weeks in the official journal of the parish in which
					 the project will be constructed, and shall provide notarized proof of
					 publication on or before the hearing date. The applicant will bear the cost of
					 the publication. The DOTD will conduct the public hearing, and the applicant
					 will be required to attend to describe the nature and purpose of the proposed
					 project and to answer questions.
D.
					 Issuance of a Permit. An "Impoundment Permit/Certificate of Completion" shall
					 be issued for all dams, both existing and new construction. The "Impoundment
					 Permit/Certificate of Completion" is not transferable. The owner of a dam must
					 notify the DOTD 30 days prior to transferring ownership of the dam, and must
					 return the "Impoundment Permit/Certificate of Completion" to the
					 DOTD.
E. Failure to Obtain
					 Approval. If, prior to beginning construction, the owner fails to obtain
					 approval, the owner will be cited and fined under the statutory authority of
					 R.S.38:28.
					 Also, the lake may be ordered to be drained until all approvals have been
					 obtained.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						38:24.