Title 49, State Administration

§198. Inapplicability to retirement systems The provisions of this Part do not apply to retirement systems. Added by Acts 1976, No. 277, §9.

§199. Special provisions for entities with bonds outstanding Notwithstanding any other provisions of this Part to the contrary, no entity which has bonds outstanding shall be abolished until and unless provision is made for the payment of principal and interest of said bonds at o…

§2. Sovereignty over waters within boundaries A. Subject to the right of the government of the United States to regulate foreign and interstate commerce under Section 8 of Article 1 of the Constitution of the United States, and to the power of the government of the United States …

§200. State agency; stationery; definition A. The telephone number of each state agency shall be imprinted upon the official stationery used by the agency. The secretary or other chief administrative officer of each state agency shall be responsible for carrying out the requireme…

§200.1. State agencies; requests A. In any civil proceeding, no state agency shall be obliged by subpoena to provide any document, record, or any other item for which a reasonable cost or fee has not been paid. B. For the purpose of this Section, a "state agency" is defined as an…

§200.51. Public funding for abortion providers; prohibition A. For purposes of this Chapter, the term "abortion" shall have the meaning ascribed in R.S. 14:87.1. B.(1) The Louisiana Department of Health shall not enter into any provider agreement for medical assistance program fu…

§201.1. Salary of acting governor The lieutenant governor or any other authorized official, while discharging the duties of the governor, shall receive a salary equal to that of the governor. Added by Acts 1975, No. 330, §1.

§201.2. Prohibition of salary increases A. No unclassified employee in the executive branch of state government shall receive any pay increases for a period commencing on the regularly scheduled gubernatorial primary election day and concluding on inauguration day without the app…

§202.1. Lieutenant governor; expenses The lieutenant governor shall be entitled to reimbursement of his actual expenses for all travel out of state in connection with his official duties and shall be entitled to be reimbursed for actual expenses incurred within the state of Louis…

§203. Executive counsel to governor There shall be an executive counsel to the governor. The executive counsel shall be appointed by the governor, and shall take the oath and be commissioned in the manner provided by law, and shall hold office at the pleasure of the governor appo…

§204. Secretary to the governor A. The governor may appoint a secretary, who shall be designated as "Secretary to the Governor", and employ two stenographers and one messenger. The governor may designate the secretary to act as his proxy, with full authority to act in his stead, …

§206. Temporary absence of governor and lieutenant governor, order of those who shall act as governor When both the governor and the lieutenant governor are temporarily absent from the state at the same time and neither can be contacted as a result of the existence of an emergenc…

§208. Governor's mansion; use; vacation for governor-elect The governor shall be entitled to the use and occupancy of the governor's mansion as his official place of residence during his term of office; however, it shall be his duty to vacate the mansion one week prior to the end…

§209. Appropriation for governor-elect; accounting The legislature, at its last regular session preceding the inauguration of the governor, shall appropriate the sum of sixty-five thousand dollars for the use of the governor-elect, to be available on his warrant, to cover necessa…

§21. Suits to prevent encroachment on state's rights A. In recognition of the state's right to self-determination, it is a declared interest of the state that the attorney general preserve and defend the state's autonomy, independence, and sovereignty in all legal matters and dis…

§210. Executive staff of governor; appearance on his behalf Whenever, by the laws of this state, the governor is made a member of any board, commission, or corporation, any member of the governor's executive staff may, at the direction of the governor, appear as the proxy of the …

§210.2. Office of the coordinator of faith-based programs There is hereby created and established in the office of the governor the office of the coordinator of faith-based programs. The coordinator shall be appointed by the governor, subject to senate confirmation, to serve at t…

§211. Commissions; formalities All commissions shall be in the name and by the authority of the state of Louisiana and shall be sealed with the state seal, signed by the governor and countersigned by the secretary of state. Added by Acts 1975, 1st Ex.Sess. No. 46, §1, eff. Feb. 2…

§212. Authority of governor to obtain reports and information The governor may require written information and reports from all executive or administrative departments, officials, agencies, and instrumentalities of the executive branch of the state government and from any levee b…

§213. Authority of governor to establish office of civil rights The governor may establish within his office an office of civil rights to merge, consolidate, and administer the powers, duties, functions, and responsibilities of any state agency relative to equal employment opport…

§214.1. Purpose and intent A. Louisiana and its citizens have suffered catastrophic losses and human, economic, and social harm. For the benefit and protection of the state as a whole, its citizens, and its localities, hurricane protection is vital to survival. Hurricane protecti…

§214.2. Definitions As used in this Part, the following terms shall have the meanings ascribed to them below: (1) "Annual plan" means the state integrated coastal protection plan submitted annually to the legislature as provided in this Part including amendments to the plan, as d…

§214.21. Short title This Subpart shall be known and may be cited as the State and Local Coastal Resources Management Act of 1978. Acts 1978, No. 361, §1, eff. Jan. 1, 1979. {{NOTE: SEE ACTS 1989, 2D EX. SESS., NO. 6, §7.}}

§214.22. Declaration of public policy The legislature declares that it is the public policy of the state: (1) To protect, develop, and, where feasible, restore or enhance the resources of the state's coastal zone. (2)(a) To assure that, to the maximum extent feasible, constitutio…

§214.23. Definitions (1) "Alternative access" shall mean methods of gaining access, ingress and egress, other than by the dredging of canals into the wetlands for drilling, servicing, work over, or any other production of minerals activity. (2) "Alternative access vehicle" shall …

§214.24. Coastal zone boundary A. The seaward boundary of the coastal zone of Louisiana shall be the seaward limit of the state of Louisiana as determined by law. B. The interstate boundaries of the coastal zone shall be the boundary separating Louisiana from Texas on the west an…

§214.25. Types of uses A. Uses of the coastal zone subject to the coastal use permitting program shall be of two types: (1) Uses of state concern: Those uses which directly and significantly affect coastal waters and which are in need of coastal management and which have impacts …

§214.26. Coastal management program; administration A.(1) A coastal management program is hereby established within the Department of Conservation and Energy. The secretary or his designee shall administer the coastal management program. (2) The secretary is authorized to employ …

§214.27. Coastal management programs; development; guidelines A. The secretary shall develop the overall state coastal management program consisting of all applicable constitutional provisions, laws and regulations of this state which affect the coastal zone in accordance with th…

§214.28. Local coastal management programs A. Local governments may develop local coastal management programs in accordance with the provisions of this Section. B. The secretary shall adopt, after notice and public hearing, rules and procedures for the development, approval, modi…

§214.29. Special areas, projects, and programs A. Special areas are areas within the coastal zone which have unique and valuable characteristics requiring special management procedures. Special areas may include important geological formations, such as beaches, barrier islands, s…

§214.3.1. Governor's Executive Assistant for Coastal Activities A. The executive assistant (1) The executive assistant shall be appointed by the governor, subject to Senate confirmation, and shall serve at the governor's pleasure. He shall report directly to the governor. (2) The…

§214.30. Coastal use permits A.(1) No person shall commence a use of state or local concern without first applying for and receiving a coastal use permit. Decisions on coastal use permit applications shall be made by the secretary, except that the local government shall make coas…

§214.31. Existing authority of certain state departments and local governments retained A. Nothing in this Subpart shall abridge the constitutional authority of any department of state government or any agency or office situated within a department of state government. Nor shall …

§214.32. Intergovernmental coordination and consistency A. Deep water port commissions and deep water port, harbor, and terminal districts, as defined in Article 6, Sections 43 and 44 of the Louisiana Constitution of 1974, shall not be required to obtain coastal use permits. Prov…

§214.33. Coordinated coastal permitting process A. This Section is intended to expedite and streamline the processing of issuing coastal use permits and of obtaining all other concurrently required permits or approvals from other governmental bodies having separate regulatory jur…

§214.34. Activities not requiring a coastal use permit A. Whether or not the activity occurs within the geographical boundaries of the coastal zone, the following activities shall not require a coastal use permit: (1) Activities occurring wholly on lands five feet or more above m…

§214.35. Reconsiderations, judicial review A. This Section shall govern the reconsideration and/or judicial review of actions of the secretary under this Subpart, including coastal use permit and local program approval decisions and determinations of state or local concern under …

§214.36. Enforcement; injunction; penalties and fines A. The secretary and each local government with an approved program shall initiate a field surveillance program to ensure the proper enforcement of the management program. The secretary may enter into interagency agreements wi…

§214.37. Approval of rules, regulations, or guidelines Any rule, regulation, or guideline shall be proposed or adopted pursuant to the rulemaking procedures set forth in the Administrative Procedure Act and shall be subject to approval by the House Committee on Natural Resources …

§214.38. Effect on titles A. Nothing in this Subpart shall be construed as affecting the status of the title of the state or other governmental body to real rights in lands or water bottoms. B. Except as may be otherwise authorized by law, the involuntary acquisition, directly or…

§214.39. Effective date This Subpart shall become effective on January 1, 1979, except that the coastal use permit program established pursuant to R.S. 49:214.30 shall not commence until thirty days after the adoption of guidelines pursuant to R.S. 49:214.27. Acts 1978, No. 361, …

§214.4.1. Governor's Advisory Commission on Coastal Protection, Restoration and Conservation A. Statement of purpose (1) Louisiana and its citizens have suffered catastrophic losses and human, economic, and social harm. For the benefit and protection of the state as a whole, its …

§214.4.2. America's WETLAND Trail A. The America's WETLAND Trail may be established in the Coastal Protection and Restoration Authority. B. The purpose of the America's WETLAND Trail shall be to heighten awareness of the dramatic coastal land loss occurring in south Louisiana and…

§214.40. Coastal Resources Trust Dedicated Fund Account A.(1) Subject to the exceptions contained in Article VII, Section 9(A) of the Constitution of Louisiana, all funds collected by the Louisiana coastal resources program from processing and evaluation of coastal use permit app…

§214.41. Mitigation of coastal wetlands losses A. As used in this Section, the following terms shall have the meaning ascribed to them below: (1) "Compensatory mitigation" means replacement, substitution, enhancement, or protection of ecological values to offset anticipated losse…

§214.42. Coastal Mitigation Account A. Subject to the exceptions contained in Article VII, Section 9(A) of the Constitution of Louisiana, all funds received which are to be used for "compensatory mitigation" which is defined as the replacement, substitution, enhancement, or prote…

§214.5.1. Coastal Protection and Restoration Authority Board A. The Coastal Protection and Restoration Authority Board is hereby created within the office of the governor. The board is hereby established, and shall exercise the powers and duties hereinafter set forth or otherwise…

§214.5.2. Functions and responsibilities; Coastal Protection and Restoration Authority Board A. The board shall: (1) Represent the state's position in policy relative to the protection, conservation, enhancement, and restoration of the coastal area of the state through oversight …

§214.5.3. Coastal protection annual plans; development; priorities A.(1) The board shall, in accordance with the procedures set forth in this Section, develop a master plan for integrated coastal protection and an annual plan for integrated coastal protection for protecting, cons…