La. Admin. Code tit. 43 § I-701

Current through Register Vol. 50, No. 4, April 20, 2024

Section I-701 - Guidelines Applicable to All Uses

Coastal use guidelines as approved by the House Natural Resources Committee on July 9, 1980, the Senate Natural Resources Committee on July 11, 1980, and the governor on July 24, 1980.

A. The guidelines must be read in their entirety. Any proposed use may be subject to the requirements of more than one guideline or section of guidelines and all applicable guidelines must be complied with.

B. Conformance with applicable water and air quality laws, standards and regulations, and with those other laws, standards and regulations which have been incorporated into the coastal resources program shall be deemed in conformance with the program except to the extent that these guidelines would impose additional requirements.

C. The guidelines include both general provisions applicable to all uses and specific provisions applicable only to certain types of uses. The general guidelines apply in all situations. The specific guidelines apply only to the situations they address. Specific and general guidelines should be interpreted to be consistent with each other. In the event there is an inconsistency, the specific should prevail.

D. These guidelines are not intended to nor shall they be interpreted so as to result in an involuntary acquisition or taking of property.

E. No use or activity shall be carried out or conducted in such a manner as to constitute a violation of the terms of a grant or donation of any lands or waterbottoms to the state or any subdivision thereof. Revocations of such grants and donations shall be avoided.

F. Information regarding the following general factors shall be utilized by the permitting authority in evaluating whether the proposed use is in compliance with the guidelines:

1. type, nature, and location of use;

2. elevation, soil, and water conditions and flood and storm hazard characteristics of site;

3. techniques and materials used in construction, operation, and maintenance of use;

4. existing drainage patterns and water regimes of surrounding area including flow, circulation, quality, quantity, and salinity; and impacts on them;

5. availability of feasible alternative sites or methods of implementing the use;

6. designation of the area for certain uses as part of a local program;

7. economic need for use and extent of impacts of use on economy of locality;

8. extent of resulting public and private benefits;

9. extent of coastal water dependency of the use;

10. existence of necessary infrastructure to support the use and public costs resulting from use;

11. extent of impacts on existing and traditional uses of the area and on future uses for which the area is suited;

12. proximity to and extent of impacts on important natural features such as beaches, barrier islands, tidal passes, wildlife and aquatic habitats, and forest lands;

13. the extent to which regional, state, and national interests are served including the national interest in resources and the siting of facilities in the coastal zone as identified in the coastal resources program;

14. proximity to, and extent of impacts on, special areas, particular areas, or other areas of particular concern of the state program or local programs;

15. likelihood of, and extent of impacts of, resulting secondary impacts and cumulative impacts;

16. proximity to and extent of impacts on public lands or works, or historic, recreational, or cultural resources;

17. extent of impacts on navigation, fishing, public access, and recreational opportunities;

18. extent of compatibility with natural and cultural setting;

19. extent of long term benefits or adverse impacts.

G. It is the policy of the coastal resources program to avoid the following adverse impacts. To this end, all uses and activities shall be planned, sited, designed, constructed, operated, and maintained to avoid to the maximum extent practicable significant:

1. reductions in the natural supply of sediment and nutrients to the coastal system by alterations of freshwater flow;

2. adverse economic impacts on the locality of the use and affected governmental bodies;

3. detrimental discharges of inorganic nutrient compounds into coastal waters;

4. alterations in the natural concentration of oxygen in coastal waters;

5. destruction or adverse alterations of streams, wetland, tidal passes, inshore waters and waterbottoms, beaches, dunes, barrier islands, and other natural biologically valuable areas or protective coastal features;

6. adverse disruption of existing social patterns;

7. alterations of the natural temperature regime of coastal waters;

8. detrimental changes in existing salinity regimes;

9. detrimental changes in littoral and sediment transport processes;

10. adverse effects of cumulative impacts;

11. detrimental discharges of suspended solids into coastal waters, including turbidity resulting from dredging;

12. reductions or blockage of water flow or natural circulation patterns within or into an estuarine system or a wetland forest;

13. discharges of pathogens or toxic substances into coastal waters;

14. adverse alteration or destruction of archaeological, historical, or other cultural resources;

15. fostering of detrimental secondary impacts in undisturbed or biologically highly productive wetland areas;

16. adverse alteration or destruction of unique or valuable habitats, critical habitat for endangered species, important wildlife or fishery breeding or nursery areas, designated wildlife management or sanctuary areas, or forestlands;

17. adverse alteration or destruction of public parks, shoreline access points, public works, designated recreation areas, scenic rivers, or other areas of public use and concern;

18. adverse disruptions of coastal wildlife and fishery migratory patterns;

19. land loss, erosion, and subsidence;

20. increases in the potential for flood, hurricane and other storm damage, or increases in the likelihood that damage will occur from such hazards;

21. reduction in the long term biological productivity of the coastal ecosystem.

H.

1. In those guidelines in which the modifier "maximum extent practicable" is used, the proposed use is in compliance with the guideline if the standard modified by the term is complied with. If the modified standard is not complied with, the use will be in compliance with the guideline if the permitting authority finds, after a systematic consideration of all pertinent information regarding the use, the site and the impacts of the use as set forth in Subsection F above, and a balancing of their relative significance, that the benefits resulting from the proposed use would clearly outweigh the adverse impacts resulting from noncompliance with the modified standard and there are no feasible and practical alternative locations, methods, and practices for the use that are in compliance with the modified standard and:

a. significant public benefits will result from the use; or

b. the use would serve important regional, state, or national interests, including the national interest in resources and the siting of facilities in the coastal zone identified in the coastal resources program, or;

c. the use is coastal water dependent.

2. The systematic consideration process shall also result in a determination of those conditions necessary for the use to be in compliance with the guideline. Those conditions shall assure that the use is carried out utilizing those locations, methods, and practices which maximize conformance to the modified standard; are technically, economically, environmentally, socially, and legally feasible and practical; and minimize or offset those adverse impacts listed in §701. G and in the Subsection at issue.

I. Uses shall to the maximum extent practicable be designed and carried out to permit multiple concurrent uses which are appropriate for the location and to avoid unnecessary conflicts with other uses of the vicinity.

J. These guidelines are not intended to be, nor shall they be, interpreted to allow expansion of governmental authority beyond that established by R.S. 49:214.21-49:214.42, as amended; nor shall these guidelines be interpreted so as to require permits for specific uses legally commenced or established prior to the effective date of the coastal use permit program nor to normal maintenance or repair of such uses.

La. Admin. Code tit. 43, § I-701

Promulgated by the Department of Natural Resources, Office of the Secretary, LR 6:493 (August 1980).

AUTHORITY NOTE: Promulgated in accordance with R.S. 49:214.27