2004 Regular Session Highlights
by: Jerry Jones
2004 First Extraordinary Session
Senate Resolution 4 by Senator Hines
(enrolled) creates the Senate Select Committee on Coastal Restoration and
Flood Control, consisting of 7 members appointed by the president of the Senate.
The select committee is to study all issues related to coastal restoration and
flooding in coastal parishes, including matters relating to tidelands,
construction, public works, improvements and maintenance of waterways, lakes,
and streams in coastal parishes, and flood and drainage projects and levee
districts in coastal parishes. Provides that the select committee shall meet as
necessary and make written reports of its findings prior to each regular
session, together with any specific proposals for legislation.
2004 Regular Session
Senate Bill 308 by Senator Dupre (Act 459)
provides certain procedures and requirements relating to coastal management
program guidelines, coastal use permitting, and mitigation of wetlands losses.
Authorizes periodic review of guidelines. Provides that an application for a
coastal use permit may be denied without prejudice, or withdrawn or placed on
inactive status, if the applicant fails to respond within 60 days to a request
from the permitting authority. Provides that the owner of the land on which a
permitted activity is to occur shall have the option of requiring on-site or
off-site compensatory mitigation on his property located in any jurisdictional
area of the coastal zone or any area included in the Louisiana Coastal Wetlands
Senate Bill 310 by Senator Dupre (Act 633)
authorizes the Department of Natural Resources to expropriate, by a declaration
of taking, property in the coastal zone needed for barrier island preservation,
restoration, or creation for coastal wetlands purposes. Defines
"property" to mean a servitude, easement or right-of-way necessary to
establish, maintain or operate a project for barrier island preservation,
restoration, or creation for coastal wetlands purposes. Excludes from such
expropriation ownership of the surface, subsurface and mineral rights. Provides
that certain mineral rights are vested in the owner of the property relative to
the existing coast or shore line of the property and emergent lands lying within
the project area. Also provides that in the event subsequent erosion should
cause any emergent lands to become part of the seabed, ownership of all mineral
rights and mineral production therefrom shall be vested in the state. Provides
that ownership of certain subsurface mineral rights by the owner of the property
shall be deemed just and adequate compensation for the taking of the property,
and no further compensation or damages shall be owed by the state. Provides
procedures for expropriation process.
House Bill 429 by Representative Dove (Act
407) provides for a barrier island and
shorelines stabilization and preservation program to be established within the
Louisiana Coastal Wetlands Conservation and Restoration Program. As part of the
program, provides that Dept. of Natural Resources shall require that all
projects subject to public bid include appropriate dredges for use to stabilize
and preserve barrier islands and shorelines. By Sept. 1st of each year, the
governing authority of each parish with barrier islands and shorelines shall
submit to the secretary a list of barrier islands and shorelines stabilization
and preservation projects requested for that parish. The department shall review
the projects and by Dec. 1 issue a list which prioritizes those requests.
Provides for priority list to be promulgated, and to be subject to legislative
oversight prior to Feb. 1 of each year. Provides that funding for projects shall
be available from the Barrier Islands and Shorelines Stabilization and Fund and,
in the event funding from such fund is not appropriated in a given year, that
the program shall be suspended until funds are appropriated for the program.
NOTE: Section 2 of bill states that its
provisions shall take effect and become
operative if and when House Bill No. 1034 is enacted and becomes
House Bill 620 by Representative Pierre (Act
217) provides that notwithstanding any other provision of law to the
contrary, any person who has entered into an oyster lease with the state and who
is claiming compensation pursuant to R.S. 49:213.10 (relative to compensation to
be paid by the state or a political subdivision for property taken for public
purposes related to coastal wetlands conservation, management, preservation,
enhancement, creation, or restoration), arising out of or in any way related to
the oyster lease granted by the state shall file such action only in the 19th
Judicial District Court for the Parish of East Baton Rouge.
House Bill 788 by Representative Pierre (Act 386)
provides that the secretary of the Dept. of Natural Resources shall take into
consideration a permit applicant's history of compliance with the provisions of
the Louisiana Coastal Resources Program prior to making a determination of
whether to approve or deny the application for a coastal use permit. Provides
for exceptions and for promulgation under the Administrative Procedure Act of
guidelines for implementation. Further provides that the applicant shall be
allowed to review and comment on his compliance record as compiled by the
House Bill 1034 by Representative Dove (Act 786) creates
the Barrier Island Stabilization and Preservation Fund as a special fund in the
state treasury. Funds are to be used exclusively by Dept. of Natural Resources
to support barrier island stabilization and preservation program with the
Louisiana Coastal Wetlands Conservation and Restoration Program.
House Bill 1266 by Representative Damico (Act
277) provides procedures for notification
to multiple landowners of proposed activities under a coastal use permit. Also
provides relative to the Coastal Mitigation Account that (a) monies may be used
for projects in which permittees may pool funds sufficient for compensatory
mitigation required of each participating permittee, and removing requirement
that there must not be an appropriate individual project or mitigation area
available in the coastal zone; (b) authorizing secretary of Dept. of Natural
Resources, when appropriate, to use monies in the account to fund, in whole or
in part, wetland restoration projects developed or implemented by the department
of a parish with an approved local coastal program; and (c) providing that
payment to the account in lieu of compensatory mitigation is accepted only when
a permittee is unable to provide mitigation through an appropriate individual
project or through an appropriate mitigation bank or area located within the
coastal zone or Coastal Wetlands Conservation Plan area. Provides for
promulgation of regulations and that secretary shall ensure that any fees
collected in lieu of compensatory mitigation are adequate to fully offset the
cost of restoring the habitat value lost.
Senate Concurrent Resolution 75 by Senator N.
Gautreaux (enrolled) memorializes
Congress to authorize and fund the establishment of the Coastal Forest Reserve
Program, and requests federal and state forest services and state schools to
provide an inventory of coastal forests.
Senate Concurrent Resolution 159 by Senator Dupre
(enrolled) memorializes Congress to review federal laws, rules and
procedures affecting coastal wetlands activities and permitting in Louisiana.
House Concurrent Resolution 68 by Representative
Odinet (enrolled) urges the prompt
closure of the Mississippi River Gulf Outlet.
House Concurrent Resolution 80 by Representative
Pierre (enrolled) approves the
Coastal Wetlands Conservation and Restoration Plan for Fiscal Year 2004-2005.
House Concurrent Resolution 180 by Representative
Dove (enrolled) urges Dept. of
Natural Resources, Dept. of Wildlife and Fisheries, and Dept. of Environmental
Quality to streamline permitting process for drilling permits and coastal use
House Concurrent Resolution 265 by Representative
Pitre (enrolled) requests the
State Land Office to prioritize its surveying efforts so as to complete the
coastal parishes first.
House Concurrent Resolution 291 by Representative
Baldone (enrolled) urges secretary
of Dept. of Natural Resources to update base mitigation costs used to calculate
monetary contributions to the Coastal Mitigation Account of the Louisiana
Wetlands Conservation and Restoration Fund.
Senate Bill 170 by Senator Dupre (Senate Natural
Resources) would have provided relative
to mitigation activities and the Coastal Mitigation Account.
Senate Bill 172 by Senator Dupre (Senate
Natural Resources) would have provided
relative to mitigation and coastal wetland losses and the Coastal Mitigation
Account, and would have authorized certain self-mitigation by a public body.
House Bill 378 by Representative Baldone (House
Natural Resources) would have required
wetlands compensatory mitigation to be in the form of payments to the Coastal
House Bill 855 by Representative Pierre (House
Natural Resources) would have provided
relative to administrative fines or penalties when unauthorized activities
caused damage in the coastal zone.