Louisiana Coastal Use Permit (13-LA-b)
Also, developers should ensure that project proposals are in compliance with the state’s master plan at the outset of a project. La. Stat. Ann. § 49:214.30(A).
Under the State and Local Coastal Resources Management Act projects requiring right-of-ways across coastal zones for construction and siting transmission may also require a CUP. When a project requires access to land within a coastal zone, “only that portion of the use which is located within the coastal zone is considered a use subject to a coastal use permit.” La. Stat. Ann. § 49:214.25(E). The LaDNR provides information regarding the CUP Application process on their Louisiana Department of Natural Resources – Coastal Use Permit Webpage.
Coastal Use Permit Process
13-LA-b.1 to 13-LA-b.3 – Does the Project Require Access to a Coastal Zone?
A project developer must obtain a CUP before constructing a project requiring use of, or access to, a coastal zone when the type of use is of a state or local concern. La. Stat. Ann. § 49:214.25(A). A CUP is also required when only part of a use is located within a coastal zone. “When only part of a use lies within a coastal zone, only that portion of the use which is located within the coastal zone is considered a use subject to a Coastal Use Permit.” La. Stat. Ann. § 49:214. 25(E). Uses of state or local concern include, but are not limited to:
- Dredging or filling and discharges of dredged or fill material;
- Energy development activities, including any siting, construction or operation of residential, commercial, industrial, and governmental structures and transportation facilities;
- Wastewater discharge, including point and nonpoint sources;
- Waste disposal activities; and
- Any other activities or projects that would require a permit or other form of consent or authorization from the U.S. Army Corps of Engineers, the Environmental Protection Agency (EPA) or the LaDNR. Louisiana – La. Admin. Code tit. 43, §§ 723 et seq., Natural Resources.
The LaDNR may not grant coastal permits for activities that are inconsistent with the state’s master plan for integrated coastal protection. Developers should ensure that project proposals are in compliance with the state’s master plan at the outset of a project. La. Stat. Ann. § 49:214.30(A).
13-LA-b.4 to 13-LA-b.6 – Contact Louisiana Department of Natural Resources (LaDNR)
Prior to submitting a complete CUP Application ("Application"), a project developer should consult with the LaDNR . Louisiana – La. Admin. Code tit. 43, §§ 723 et seq., Natural Resources.
If a project of related construction involves contiguous parcels of property, the developer may file a Joint Permit Application. However, a developer must file separate Applications for projects involving noncontiguous parcels of property. Louisiana – La. Admin. Code tit. 43, §§ 723 et seq., Natural Resources.
13-LA-b.7 – File Coastal Use Permit Application with LaDNR or Local Authority
A developer must submit a complete Application to the LaDNR or the appropriate local authority to construct a project requiring use of, or access to, a coastal zone when the type of use is of a state or local concern. La. Stat. Ann. § 49:214.30(C).
13-LA-b.8 – Issue Notice to Impacted Landowners
Upon filing an Application, the project developer must distribute a copy of the Application to the “owners of the land on which the proposed coastal use is to occur.” An Application will not be complete unless a developer attaches an affidavit to the Application materials affirming that the developer made reasonable efforts to determine the identity and present address of impacted landowners. La. Stat. Ann. § 49:214.30(C). Under certain circumstances, LaDNR may determine that the Application is complete upon proof that 50 percent of the persons owning the property have been provided with a copy of the Application. See La. Rev. Stat. § 49:214.30(C).
13-LA-b.9 – Submit Copies of the Application to LaDNR (If Applicable)
If the developer submits the Application to the appropriate local authority in compliance with a local program, the local authority must submit copies to the LaDNR within two days of receipt La. Stat. Ann. § 49:214.30(C).
13-LA-b.10– Submit Copies of the Application to Local Authority
Within ten days of receiving an Application, LaDNR must distribute copies of the Application to the local authorities in the impacted parish as well as all other appropriate state and local authority.
13-LA-b.11 to 13-LA-b.17 – Review Application Materials for Completeness
LaDNR must review the Application for administrative and technical completeness. A complete Application contains all required information and is supplemented by all necessary fees. The LaDNR may also require an applicant (developer) to submit any additional information necessary to properly evaluate the Application. Applications that are returned and subsequently re-submitted are subject to additional processing fees.
In reviewing an Application, the LaDNR must notify a project developer if the Application is not complete, stating deficiencies, within fourteen (14) days of submission. La. Stat. Ann. § 49:214.30(C). If an applicant (developer) fails to respond to a request for further information within thirty (30) days, the appropriate authority may consider the Application withdrawn. Louisiana – La. Admin. Code tit. 43, §§ 723 et seq., Natural Resources.
LaDNR must provide public notice of the completed Application. After receiving notice, the public has an opportunity to comment on the Application.
13-LA-b.18 to 13-LA-b.22 – Request Public Hearing (If Applicable)
The LaDNR or appropriate local authority may elect to hold a public hearing at their discretion. La. Stat. Ann. § 49:214.30(C). Any person may request a hearing within the public comment period and either the Department of Natural Resources or appropriate local authority will consider whether the issues raised are substantial and whether holding a hearing is in the public interest. Louisiana – La. Admin. Code tit. 43, §§ 723 et seq., Natural Resources. If the appropriate authority determines to hold a public hearing, the appropriate authority must notify the applicant (developer), set a time and place for the hearing, and give public notice. If the appropriate authority denies a request for a public hearing, the appropriate authority must give public notice of the decision. Louisiana – La. Admin. Code tit. 43, §§ 723 et seq., Natural Resources.
13-LA-b.23 to 13-LA-b.25 – Does the Appropriate Authority Approve the Application?
The LaDNR must grant or deny Applications within thirty (30) days after public notice or fifteen (15) days after a public hearing. La. Stat. Ann. § 49:214.30(C).
In denying an Application, the LaDNR must provide written reasons for denying the Application as well as copies of the decision to all parties.
13-LA-b.26 to 13-LA-b.27 – Petition for Reconsideration (If Applicable)
Upon a decision either granting or denying a CUP Application, any person may file a petition for reconsideration in writing with the LaDNR within ten (10) days following public notice of a final CUP decision. La. Stat. Ann. § 49:214.35. Proper grounds for reconsideration include:
- The decision is contrary to the evidence before the LaDNR;
- The petitioner has discovered, since the decision, important evidence, that the petitioner could not have discovered with due diligence prior to the decision;
- There is a showing that issues not previously considered ought to be examined; and
- Other grounds exist that make reconsideration in the public interest. La. Stat. Ann. § 49:214.35.
The LaDNR must enter a decision on a petition within fifteen (15) days of receipt. La. Stat. Ann. § 49:214.35.
13-LA-b.28 – Appeal Decision (If Applicable)
Any interested party may also appeal a CUP decision by filing a petition in the district court of the parish in which the proposed use is located. An appeal must be filed within thirty (30) days of the LaDNR issuing his final decision. If a petition for reconsideration is filed, then the thirty (30) day period begins when the final decision is issued on that petition. La. Stat. Ann. § 49:214.35.
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