Title 49, State Administration

§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…

§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…

§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 …

§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…

§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…

§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…

§214.6.10. Hold harmless and cooperative landowner immunity A. In accordance with Article XII, Section 10 of the Constitution of Louisiana, and notwithstanding any other law to the contrary, the state of Louisiana, its political subdivisions, and its agents or employees and, in a…

§214.6.2. Functions and responsibilities; coastal activities A. The authority shall administer the programs of the Coastal Protection and Restoration Authority Board. The executive director may use his contracting authority, or the contracting authority of any state department or…

§214.6.3. Functions and responsibilities; hurricane protection and flood control A. Legislative intent (1) The legislature recognizes that under Article VI, Section 9 of the Louisiana Constitution the state carries the ultimate responsibility for the protection of the health and …

§214.6.4. Functions and responsibilities; continuation of certain flood control projects Nothing in this Chapter is intended to interfere with or impede the design, planning, construction, or financing of any flood protection project undertaken by any levee district within the co…

§214.6.5. Hurricane protection and flood control activities; levees or levee drainage purposes; taking of property; compensation A. Pursuant to Article I, Section 4(G) and Article VI, Section 42(A) of the Constitution of Louisiana, compensation paid for the taking of, or loss or …

§214.6.6. Infrastructure priority program; applications; evaluations A. Applications for funding of any infrastructure project may be submitted by any political subdivision of the state. For statewide flood mitigation projects, applications shall be made jointly to both the Coast…

§214.6.7. Barrier islands, shoreline stabilization, and preservation A. The executive director of the Coastal Protection and Restoration Authority shall establish a barrier islands and shorelines stabilization and preservation program. As part of the barrier islands and shoreline…

§214.6.8. Coastal Louisiana Levee Consortium; establishment; purposes A.(1) There is hereby created the Coastal Louisiana Levee Consortium, hereinafter referred to as the "consortium", which shall include members from those levee districts, flood protection authorities, or parish…

§214.6.9. Authority for integrated coastal protection surveying The Coastal Protection and Restoration Authority and its authorized agents, contractors, or and employees shall also have the power to enter upon any lands, waters, and premises in the state for the purpose of making…

§214.61. Coastal Protection and Restoration Authority; acquisition of property prior to judgment; definitions A. When the Coastal Protection and Restoration Authority cannot amicably acquire property in the coastal zone needed for barrier island preservation, restoration, or crea…

§214.62. Vesting of mineral rights A. The filing of a petition by the department pursuant to the provisions of this Part shall constitute the agreement of the secretary, pursuant to the provisions of R.S. 41:1702(D)(2) et seq., to establish in the owner of the property the perpet…

§214.63. Contents of petition; place of filing The right of expropriation granted by this Part shall be exercised in the following manner: (1) A petition shall be filed by the department in the district court of the parish in which the property to be expropriated is situated. How…

§214.64. Prayer of the petition; ex parte order of taking The petition shall conclude with a prayer that the property be declared taken for public purposes and, upon presentation of the petition, the court shall issue an order declaring that the property described in the petition…

§214.65. Vesting of title Title to the property interest specified in the petition shall vest in the state and ownership of the subsurface mineral rights shall vest in the owner of the property upon final court order declaring that the property has been taken for the purposes of …

§214.66. Notice to defendant A. The clerk of court shall issue a notice to each defendant in the suit notifying him that the property described in the petition has been expropriated for barrier island preservation, restoration, or creation for coastal wetlands purposes. B. This n…

§214.67. Contesting validity of taking; waiver of defenses A. Any defendant desiring to contest the validity of the taking on the ground that the property was not located within the coastal zone or was not expropriated for barrier island preservation, restoration, or creation for…

§214.68. Defendant's answer; requirements; delay for filing When property is expropriated pursuant to this Part, any defendant may apply for a trial to determine the ownership of subsurface mineral rights to which he is entitled, if: (1) He files an answer within one year from th…

§214.69. Effect of appellate proceedings In any expropriation suit brought by the department pursuant to the authority set forth in this Part, no appellate proceedings or review shall operate to prevent or delay the vesting of title in the plaintiff. Acts 2004, No. 633, §1, eff. …

§214.7. Outcome-based performance contracts A. Notwithstanding any other provision of law to the contrary, the authority may use the outcome-based performance contract alternative project delivery method to contract for integrated coastal protection projects as set forth in this …

§214.70. Grant as additional authority The right to take possession and title as provided in this Part is in addition to any right or authority conferred by the laws of this state under which expropriation proceedings may be conducted and shall not be construed as abrogating, eli…

§214.8.1. Purpose The provisions of this Subpart are intended to establish an Atchafalaya Basin Program within the Coastal Protection and Restoration Authority to serve as the authority on behalf of the state to work in partnership with the United States Army Corps of Engineers a…

§214.8.2. Definitions As used in this Subpart, the following terms shall have the meaning ascribed to them below: (1) "Access project" means construction or renovation of a boat launch or a roadway that provides access to areas of the Atchafalaya Basin, or acquisition of a maximu…

§214.8.3. Creation of program A. The Atchafalaya Basin Program is hereby created as a program within the Coastal Protection and Restoration Authority. B. The program shall include the director, the Coastal Protection and Restoration Authority Board, the technical advisory committ…

§214.8.4. Powers and duties A. The director, in consultation with the board as desired, shall: (1) Develop, implement, and manage a comprehensive state master plan for the Atchafalaya Basin Floodway System, Louisiana Project. (2) Present the annual basin plan as a part of the sta…

§214.8.5. Capital improvement program Any project which is proposed for inclusion in an annual basin plan that is not included in the basin master plan or the Atchafalaya Basin Floodway System, Louisiana Project shall first be reviewed, studied, and analyzed by the technical advi…

§214.8.6. Annual basin plan A. The director shall develop an annual basin plan that includes all projects or stages of projects that will be proposed for funding or funded in any one fiscal year. The annual basin plan may include projects that are any of the following: (1) A part…

§215. Executive orders; procedures; limitations A. The authority of the governor to see that the laws are faithfully executed by issuing executive orders is recognized. B. Each executive order issued by the governor shall be published in the Louisiana Register as required by the …

§216 eff. when certain contingencies are met. See Acts 2024, No. 670. §216. Interstate compact for border security; deterence of unlawful entry into this state; procedures; assistance; approval; purposes; legislative findings A. This Section shall be known and may be cited as the…

§219.1. Policy and purpose A. It is the policy of the state to take every responsible action, explore all opportunities, invite meaningful contributions, and utilize all available resources to eliminate substance and alcohol misuse along with the resulting harm to individuals and…

§219.2. Drug Policy Board; establishment; membership; selection; terms; compensation; organization; domicile; procedure A. The Drug Policy Board is established as a body corporate to operate within the office of the governor. B.(1) The board shall be composed of twenty-five membe…

§219.3. Powers, duties, and functions; staffing; funding A. The board shall: (1) Identify, examine, select or develop, recommend or implement, drug control policies and strategies to more effectively combat illegal drug, substance, and alcohol misuse. (2) Stress a coordinated app…

§219.4. Assistance and cooperation of other agencies; boards; use of facilities All of the agencies, boards, commissions, departments, and political subdivisions shall assist the board in its work by providing requested information, reports, research, aid, services, and support w…

§219.5. Advisory Council on Heroin and Opioid Prevention and Education A. The Drug Policy Board shall establish an Advisory Council on Heroin and Opioid Prevention and Education to coordinate resources and expertise to assist in a statewide response. B. The council shall consist …

§22. Selection of special counsel The governor and the Attorney General, or either of them, in his discretion, may select the special counsel provided for in R.S. 49:21 and fix compensation.

§220.10. Claims of certain Road Home Program applicants A. Notwithstanding any other provision of law to the contrary, those Road Home applicants whose claims were denied because of unresolved succession or inheritance issues shall be awarded a Road Home grant, together with a co…

§220.21. Office of the state inspector general; policy and purpose A. The prevention and detection of waste, inefficiencies, mismanagement, misconduct, abuse, fraud, and corruption in all departments, offices, agencies, boards, commissions, task forces, authorities, and divisions…

§220.22. Office of the state inspector general; creation; domicile; funding A. The office of the state inspector general, referred to in this Part as the "office", is created and shall be a body corporate with the power to sue and be sued. B. The domicile of the office shall be i…

§220.23. State inspector general; appointment; term; vacancy; compensation; removal A.(1) There shall be a state inspector general, hereinafter referred to as the "inspector general", who shall be appointed by the governor with the consent of the Senate. No person appointed inspe…

§220.24. Authority; duties; powers; standards; functions A. The inspector general shall serve as the executive head and chief administrative officer of the office and shall have responsibility for the policies of the office, except as otherwise provided by this Part, and for the …

§220.25. Confidentiality of certain records Except for the reports of investigations released as provided in R.S. 49:220.24(C)(6), the records prepared or obtained by the inspector general in connection with investigations conducted by the inspector general shall be deemed confid…

§220.41. Chief resilience officer; purpose; definition A. There shall be a chief resilience officer within the office of the governor to perform the functions and duties provided in this Part. B. The chief resilience officer shall be appointed by the governor, subject to confirma…

§220.42. Functions and duties A. The chief resilience officer shall: (1) Coordinate and provide strategic direction for governmental resilience initiatives in order to build long-term resilience for a robust, vibrant economic activity and a sustainable natural environment for Lou…

§220.43. Statewide resilience report A. To coordinate and strengthen efforts to reduce losses from future disasters across the state, the chief resilience officer shall contribute to all statewide planning efforts related to resilience and risk mitigation and shall develop a stra…

§220.44. State agency resilience officers A.(1) Each department head in the executive branch of state government shall designate at least one person to serve as the department's resilience officer, shall transmit the name and contact information of each designee to the chief resi…