Title 49, State Administration

0 chapters · 598 sections in this title.

598 sectionsFiltered byTitle 49

La. Rev. Stat. § 49:213.8 Repealed by Acts 2009, No
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§213.8. Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
La. Rev. Stat. § 49:213.9 Repealed by Acts 2009, No
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§213.9. Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
La. Rev. Stat. § 49:214.1 Purpose and intent
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§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…
La. Rev. Stat. § 49:214.10 Repealed by Acts 2009, No
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§214.10. Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
La. Rev. Stat. § 49:214.11 Repealed by Acts 2009, No
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§214.11. Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
La. Rev. Stat. § 49:214.12 Repealed by Acts 2009, No
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§214.12. Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
La. Rev. Stat. § 49:214.13 Repealed by Acts 2009, No
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§214.13. Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
La. Rev. Stat. § 49:214.14 Repealed by Acts 2009, No
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§214.14. Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
La. Rev. Stat. § 49:214.15 Repealed by Acts 2009, No
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§214.15. Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
La. Rev. Stat. § 49:214.16 Repealed by Acts 2009, No
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§214.16. Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
La. Rev. Stat. § 49:214.2 Definitions
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§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…
La. Rev. Stat. § 49:214.21 Short title
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§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.}}
La. Rev. Stat. § 49:214.22 Declaration of public policy
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§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…
La. Rev. Stat. § 49:214.23 Definitions
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§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 …
La. Rev. Stat. § 49:214.24 Coastal zone boundary
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§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…
La. Rev. Stat. § 49:214.25 Types of uses
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§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 …
La. Rev. Stat. § 49:214.26 Coastal management program; administration
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§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 …
La. Rev. Stat. § 49:214.27 Coastal management programs; development; guidelines
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§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…
La. Rev. Stat. § 49:214.28 Local coastal management programs
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§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…
La. Rev. Stat. § 49:214.29 Special areas, projects, and programs
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§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…
La. Rev. Stat. § 49:214.3 Repealed by Acts 2009, No
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§214.3. Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
La. Rev. Stat. § 49:214.3.1 Governor's Executive Assistant for Coastal Activities
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§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…
La. Rev. Stat. § 49:214.30 Coastal use permits
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§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…
La. Rev. Stat. § 49:214.31 Existing authority of certain state departments and local governments retained
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§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 …
La. Rev. Stat. § 49:214.32 Intergovernmental coordination and consistency
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§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…
La. Rev. Stat. § 49:214.33 Coordinated coastal permitting process
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§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…
La. Rev. Stat. § 49:214.34 Activities not requiring a coastal use permit
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§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…
La. Rev. Stat. § 49:214.35 Reconsiderations, judicial review
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§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 …
La. Rev. Stat. § 49:214.36 Enforcement; injunction; penalties and fines
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§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…
La. Rev. Stat. § 49:214.37 Approval of rules, regulations, or guidelines
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§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 …
La. Rev. Stat. § 49:214.38 Effect on titles
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§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…
La. Rev. Stat. § 49:214.39 Effective date
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§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, …
La. Rev. Stat. § 49:214.4 Repealed by Acts 2009, No
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§214.4. Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
La. Rev. Stat. § 49:214.4.1 Governor's Advisory Commission on Coastal Protection, Restoration and
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§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 …
La. Rev. Stat. § 49:214.4.2 America's WETLAND Trail
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§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…
La. Rev. Stat. § 49:214.40 Coastal Resources Trust Dedicated Fund Account
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§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…
La. Rev. Stat. § 49:214.41 Mitigation of coastal wetlands losses
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§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…
La. Rev. Stat. § 49:214.42 Coastal Mitigation Account
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§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…
La. Rev. Stat. § 49:214.5 Repealed by Acts 2009, No
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§214.5. Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
La. Rev. Stat. § 49:214.5.1 Coastal Protection and Restoration Authority Board
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§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…
La. Rev. Stat. § 49:214.5.2 Functions and responsibilities; Coastal Protection and Restoration Authority
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§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 …
La. Rev. Stat. § 49:214.5.3 Coastal protection annual plans; development; priorities
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§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…
La. Rev. Stat. § 49:214.5.4 Funding and resource allocation
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§214.5.4. Funding and resource allocation A. To provide a dedicated, recurring source of revenue for the development and implementation of a program to protect and restore Louisiana's coastal area, there is hereby established in the state treasury the Coastal Protection and Resto…
La. Rev. Stat. § 49:214.5.5 Private property and public rights
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§214.5.5. Private property and public rights A. Recognizing that a substantial majority of the coastal lands in Louisiana are privately owned, it is anticipated that a significant portion of the integrated coastal protection projects funded through the Coastal Protection and Rest…
La. Rev. Stat. § 49:214.5.6 Measure of compensation; property taken for public purposes; venue
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§214.5.6. Measure of compensation; property taken for public purposes; venue A. The full police power of the state shall be exercised to address the rapid, ongoing, and catastrophic loss of coastal Louisiana, and in order to devote the maximum resources of the state to meet this …
La. Rev. Stat. § 49:214.5.7 Legal representation of the board; attorney general
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§214.5.7. Legal representation of the board; attorney general The attorney general or his designee shall be the legal advisor to the board, shall counsel and advise the board, and shall represent the board in all legal proceedings. Acts 2009, No. 523, §3, eff. July 10, 2009; Acts…
La. Rev. Stat. § 49:214.5.8 Certain activities on dunes prohibited; penalties; speed limits on beaches
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§214.5.8. Certain activities on dunes prohibited; penalties; speed limits on beaches A. Except as provided in Subsection B of this Section, unless operating under a permit issued by a state or federal agency, no person shall engage in any of the following activities on any dune l…
La. Rev. Stat. § 49:214.51 Repealed by Acts 2006, No
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§214.51. Repealed by Acts 2006, No. 548, §2, Oct 31, 2006.
La. Rev. Stat. § 49:214.6 Repealed by Acts 2009, No
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§214.6. Repealed by Acts 2009, No. 523, §8, eff. July 10, 2009.
La. Rev. Stat. § 49:214.6.1 Coastal Protection and Restoration Authority
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§214.6.1. Coastal Protection and Restoration Authority A. The Coastal Protection and Restoration Authority is created and shall be a body corporate with the power to sue and be sued. The domicile of the authority shall be in Baton Rouge. The authority shall: (1) Have all of the r…