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Regular Session, 2011
HOUSE BILL NO. 640 (Substitute for House Bill No. 430 by Representative Billiot)
BY REPRESENTATIVE BILLIOT
LEVEES: Revises provisions relative to the rights and powers of levee districts
AN ACT1
To amend and reenact R.S. 38:213, 225(A)(1)(a) and (2) and (D), and 226 and to enact R.S.2
38:321.1, relative to levee districts and flood control structures; to restrict access3
upon a levee or flood control structure in certain circumstances; to provide for4
penalties; to provide exceptions for access upon public levees or flood control5
structures; to provide relative to the obstruction of levees; to provide for the authority6
for a board or commission having jurisdiction over a levee to issue or renew permits7
or letters of no objection; to authorize a levee district or levee drainage district to8
purchase certain items through an existing public contract of another political9
subdivision; and to provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 38:213, 225(A)(1)(a) and (2) and (D), and 226 are hereby amended12
and reenacted and R.S. 38:321.1 is hereby enacted to read as follows:13
§213. Riding or hauling on levees prohibited14
A. No person shall ride, drive, or haul upon the public levees or integrated15
coastal protection projects or their rights-of-way except where, in the judgment of16
the levee commissioners of a district and the Department of Transportation and17
Development, or, for levees or integrated coastal protection projects in the coastal18
area as defined in R.S. 49:214.2(3), the Office of Coastal Protection and Restoration,19
ample provision has been made to guard against any damage to which the levees or20 HLS 11RS-2030 ENGROSSED
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integrated coastal protection projects may thereby be exposed from wear, tear, and1
abuse. Each levee district shall publish guidance, erect signage, and require special2
permits as they deem appropriate to allow them to make provisions for limited3
riding, driving, or hauling. As a condition of the issuance of a permit, the district4
may require the applicant to construct an asphalt or concrete ramp or crossing in5
accordance with specifications for the construction thereof approved by the6
governing authority.7
B. Whoever violates this Section shall be fined not more than fifty dollars8
or imprisoned for not more than thirty days, or both Each governing authority is9
authorized to set the penalty for violation of this Section, provided that the penalty10
shall not exceed the penalty for criminal trespass, as defined in R.S. 14:63, and the11
governing authority may seek injunctive relief and collect all expenses incurred as12
a result of the violation.13
C. This Section shall not be construed to restrict the proper officers of the14
state or of any levee district or parish while in the performance of duty in inspecting,15
guarding, or repairing the levees or integrated coastal protection projects.16
D. Nothing in this Section shall interfere with the crossing over any public17
levees, at ramps or inclines established under plans and specifications of the18
Department of Transportation and Development, or, for levees or integrated coastal19
protection projects in the coastal area as defined in R.S. 49:214.2(3), the Office of20
Coastal Protection and Restoration, for the purpose of transporting any material that21
may be used or required in the business of the population living behind the levees.22
* * *23
§225. Obstructions on levees, waterways, and rights of way rights-of-way therefor;24
removal at expense of person responsible; destroying markers prohibited25
A. No person shall:26
(1)(a) Place or cause to be placed upon or within six fifteen feet of any part27
of the levees fronting any waterway subject to the control or surveillance of police28
juries, levee boards, municipal corporations, or other authorized boards or29 HLS 11RS-2030 ENGROSSED
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departments any object, material, or matter of any kind or character which obstructs1
or interferes with the safety of the levees or is an obstacle to the inspection,2
construction, maintenance, or repair of any levee; or place or cause to be placed any3
object, structure, material, or matter of any kind or character upon any part of any4
land which the state or any agency or subdivision thereof may own or acquire by5
deed, lease, servitude, charge, or otherwise, and through its authorized6
representative, may donate, grant, or otherwise convey to the United States' rights-7
of-way, easements, or other servitudes for the construction, improvement, or8
maintenance of any flood-control structures or natural or other waterway, which may9
obstruct or interfere with the improvement or maintenance of such waterway or use10
of the land for flood-control purposes.11
* * *12
(2)(a)(i) Tie or moor logs, rafts, boats, water craft watercraft, or floating13
objects of any description to the levees, or, when the water is against the levees, tie14
or moor any floating objects insecurely to mooring posts, revetments, trees, or other15
stationary or supposedly stationary objects on the foreshore where they can be driven16
against the levees during windstorms within one hundred eighty feet of any levee;17
(ii) When the water is against the levees, drive or push any logs, rafts, boats,18
watercraft, or floating objects of any description onto or against any levees;19
(b) Nothing herein shall prohibit the mooring or berthing of floating vessels20
at such locations as have been permitted for this purpose by the United States Coast21
Guard Captain of the Port, United States Army Corps of Engineers, the Louisiana22
Department of Transportation and Development, the jurisdictional levee district or23
flood protection authority, the Office of Coastal Protection and Restoration, or any24
other permitting authority;25
* * *26
D. Whoever violates this Section shall be fined not more than one hundred27
dollars or subject to a civil fine of not more than ten thousand dollars for each28
violation or, in the case of willful and wanton violations, imprisoned for not more29 HLS 11RS-2030 ENGROSSED
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than six months, or both. Second and any subsequent violations shall be subject to1
a civil fine of up to twenty thousand dollars for each violation or, in the case of2
willful and wanton violations, imprisonment for not more than six months, or both.3
The governing authority that has jurisdiction of the levee, may bring a civil action4
for damages and/or injunctive relief, including but not limited to the issuance of a5
mandatory injunction. In any suit for the issuance of an injunction, proof of6
irreparable harm shall not be necessary.7
§226. Permits for levee crossings8
If an appointed board or commission having jurisdiction over levees receives9
letters of no objection from the United States Army Corps of Engineers and the10
Louisiana Department of Transportation and Development, office of public works,11
or, for levees in the coastal area as defined in R.S. 49:214.2(3), the Office of Coastal12
Protection and Restoration, in In response to a request to the board or commission,13
having jurisdiction over levees, for a permit or letter of no objection to a levee14
crossing or a request to renew or transfer an existing permit, it shall be incumbent15
upon and a ministerial duty of the executive or administrative officer to issue the16
requested permit or letter of no objection to the crossing, subject to any conditions17
or stipulations contained in the letters received from the United States Army Corps18
of Engineers and the Louisiana Department of Transportation and Development,19
office of public works or, for levees in the coastal area as defined in R.S.20
49:214.2(3), the Office of Coastal Protection and Restoration. the board or21
commission, after submitting the request to United States Army Corps of Engineers,22
the Department of Transportation and Development, or Office of Coastal Protection23
and Restoration, as applicable, may issue the requested permit or letter of no24
objection. The board or commission may impose customary fees, insurance, bonds,25
and other general stipulations. The executive or administrative officer shall enforce26
such permits for levee crossings Such permits shall be enforced only to the extent of27
the conditions and stipulations contained in the permit or letter of no objection. Any28
such permit or letter of no objection does not alleviate the necessity of the applicant29 HLS 11RS-2030 ENGROSSED
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from obtaining any other local, state, or federal permits required by law and1
complying with any requirements in those permits.2
* * *3
§321.1. Additional procurement methods; levee districts4
A. In addition to the procurement methods available to all political5
subdivisions, as an alternate cost-effective means of acquiring materials, supplies,6
vehicles, and equipment, a levee district or levee drainage district may purchase7
these items through an existing public contract of another political subdivision within8
one year of the opening of bids, provided that the following conditions are met:9
(1) The contract was bid in compliance with R.S. 38:2211 et seq.10
(2) The total purchases on the contract do not exceed two times what was11
purchased by the political subdivision bidding the contract.12
(3) The written consent of the political subdivision which bid the contract13
is obtained, as well as the contract number, and if applicable, the resolution accepting14
the contract.15
(4) The vendor agrees to the additional purchase.16
(5) The vendor, product, materials, supplies, vehicles, or equipment are17
identical to those specified in the existing public contract of the other political18
subdivision, and the price is the same as the original contract price.19
B. The levee district or levee drainage district may rely on a certificate of the20
political subdivision that the contract was bid in compliance with state law.21
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Billiot HB No. 640
Abstract: Provides for specific restrictions of certain activities on public levees and further
revises the penalties and exceptions associated with the restrictions. Provides for the
obstruction of levees and the associated penalties. Further provides the authority of
a board or commission related to the issuance of permits and letters of no objection.
Provides for additional procurement methods for a levee district or levee drainage
district. HLS 11RS-2030 ENGROSSED
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Present law provides for restriction of certain activities on public levees or coastal protection
projects, unless provisions are made by the levee district, DOTD, or the Office of Coastal
Protection and Restoration (OCPR). Provides for penalties. Exempts an employee of the
state from performing their duties or the interference with the crossing of public levees by
projects of DOTD or OCPR.
Proposed law retains present law except that it adds a provision that requires each levee
district to publish guidance, erect signage, and require special permits as they deem
appropriate to allow them to make provisions for limited riding, driving, or hauling. As a
condition of the issuance of a permit, the district may require the applicant to construct an
asphalt or concrete ramp or crossing in accordance with specifications for the construction
thereof approved by the governing authority.
Present law requires that whoever violates present law shall be fined not more than $50 or
imprisoned for not more than 30 days, or both.
Proposed law deletes this provision and authorizes each governing authority to set the
penalty for violation of present law, provided that the penalty does not exceed the penalty
for criminal trespass as defined in present law. Proposed law further provides that the
authority may seek injunctive relief and collect all expenses for policing, inspecting, and
repairing the levee, structure, and rights-of-way caused by the violation.
Present law provides that nothing in present law or proposed law shall interfere with the
crossing over any public levees, at ramps or inclines established under plans and
specifications of DOTD, or, for levees or integrated coastal protection projects in the coastal
area as defined in R.S. 49:214.2(3), the OCPR, for the purpose of transporting any material
that may be used or required in the business of the population living behind the levees.
Proposed law retains present law except that it removes the provision that provides the
specific reason for crossing over the public levees at ramps or inclines.
Present law prohibits any person from placing upon any part of the levees fronting any
waterway subject to the control or surveillance, any object, material, or matter of any kind
or character which obstructs or interferes with the safety of the levees or is an obstacle to the
inspection, construction, maintenance, or repair of any levee.
Proposed law retains present law and adds a restriction of 15 feet.
Present law prohibits any person to tie or moor logs, rafts, boats, watercraft, or floating
objects of any description to the levees, or, when the water is against the levees, tie or moor
floating objects insecurely to mooring posts, revetments, trees, or other stationary or
supposedly stationary objects on the foreshore where they can be driven against the levees
during windstorms.
Proposed law retains present law except that it expands present law to include any floating
objects from being tied or moored to any object within 180 feet of any levee.
Proposed law provides that no person, when the water is against the levees, drive or push any
logs, rafts, boats, watercraft, or floating objects of any description onto or against any levee.
Proposed law exempts the mooring or berthing of floating vessels at such locations that have
been permitted for this purpose by the U.S. Coast Guard Captain of the port, Corps of
Engineers, DOTD, OCPR, and other permitting authority.
Present law provides for permits or letters of no objection from the corps, DOTD, and OCPR
for issuance of a permit to a project which involves a levee crossing and further provides as
a ministerial duty of the executive or administrative officer to issue the requested permit or
letter of no objection, subject to any conditions or stipulations contained therein. Further HLS 11RS-2030 ENGROSSED
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authorizes the board or commission to impose fees, bonds, and general stipulations, to be
enforced by the executive or administrative officer.
Proposed law deletes the provision that provides for the permits or letters of no objection to
come from the corps, DOTD, or OCPR and further provides that the permits or letters of no
objection will be issued at the discretion of the board or commission of a levee district, after
submitting the request to the Corps of Engineers, DOTD, or OCPR.
Proposed law further deletes the provisions that requires as a ministerial duty of the
executive or administrative officer to issue the requested permit or letter of no objection,
subject to any conditions or stipulations contained therein. Further allows the board to issue
insurance bonds.
Proposed law authorizes a levee district or levee drainage district to purchase certain items
through an existing public contract of another political subdivision within one year of
opening of bids, provided that the contract is in compliance with public bid law; the total
purchases do not exceed two times the purchase by the political subdivision; written consent
is obtained, as well as the contract number; the vendor agrees to the additional purchase; and
the vendor or items are identical to those specified in the existing public contract, and the
price is the same as the original contract price.
(Amends R.S. 38:213, 225(A)(1)(a) and (2) and (D), and 226; Adds R.S. 38:321.1)