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ACT No. 834
Regular Session, 2010
HOUSE BILL NO. 844
BY REPRESENTATIVE GISCLAIR
AN ACT1
To amend and reenact R.S. 49:214.30(A), relative to coastal use permits; to provide for2
consistency with the state's master plan for coastal protection and restoration3
activities under such permits; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 49:214.30(A) is hereby amended and reenacted to read as follows:6
ยง214.30. Coastal use permits7
A.(1) No person shall commence a use of state or local concern without first8
applying for and receiving a coastal use permit. Decisions on coastal use permit9
applications shall be made by the secretary, except that the local government shall10
make coastal use permit decisions as to uses of local concern in areas where an11
approved local program is in effect. Conditions set forth in a coastal use permit shall12
supersede any and all variances or exceptions granted by the commissioner of13
conservation in accordance with R.S. 30:4(E)(1) for activities within the coastal zone14
as defined by R.S. 49:214.24.15
(2) Prior to issuance of a coastal use permit, the secretary shall ensure that16
the activity for which application is being made is consistent with the state's master17
plan for integrated coastal protection. No activity which is not consistent with the18
plan shall be granted a coastal use permit. In addition, any permit granted to repair19
or replace a pipeline that would impact integrated coastal protection in the state's20
master or annual plan shall include a requirement that the pipeline owner shall be21
responsible for the cost to repair or replace such pipeline. The pipeline owner shall22
be responsible for the performance of any pipeline relocation work to accommodate23
the construction of any integrated coastal protection. Any incremental costs24 ENROLLEDHB NO. 844
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associated with such relocation work shall be reimbursed to the pipeline owner by1
the appropriate federal, state, or local governmental agency. As used in this2
Paragraph, "incremental costs" means the cost of the pipeline relocation required by3
the appropriate governing authority less the cost that the pipeline operator would4
have incurred for the maintenance project.5
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: