Louisiana 2012 2012 Regular Session

Louisiana House Bill HB246 Engrossed / Bill

                    HLS 12RS-913	ENGROSSED
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 246
BY REPRESENTATIVE LORUSSO
LEVEES:  Provides with respect to the location of obstructions placed on a levee
AN ACT1
To amend and reenact R.S. 38:225(A)(1)(a), relative to levees; to prohibit the placement of2
any obstruction upon or within six feet of any part of levees; and to provide for3
related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 38:225(A)(1)(a) is hereby amended and reenacted to read as follows:6
ยง225. Obstructions on levees, waterways, and rights-of-way therefor; removal at7
expense of person responsible; destroying markers prohibited8
A.  No person shall:9
(1)(a)  Place or cause to be placed upon or within fifteen feet of any part of10
the levees fronting any waterway commonly used for commercial navigation, or11
upon or within six feet of any part of the levees fronting any outfall drainage canal12
not used for commercial navigation, and is subject to the control or surveillance of13
police juries, levee boards, municipal corporations, or other authorized boards or14
departments any object, material, or matter of any kind or character which obstructs15
or interferes with the safety of the levees or is an obstacle to the inspection,16
construction, maintenance, or repair of any levee; or place or cause to be placed any17
object, structure, material, or matter of any kind or character upon any part of any18
land which the state or any agency or subdivision thereof may own or acquire by19
deed, lease, servitude, charge, or otherwise, and through its authorized20 HLS 12RS-913	ENGROSSED
HB NO. 246
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
representative, may donate, grant, or otherwise convey to the United States' rights-1
of-way, easements, or other servitudes for the construction, improvement, or2
maintenance of any flood-control structures or natural or other waterway, which may3
obstruct or interfere with the improvement or maintenance of such waterway or use4
of the land for flood-control purposes.5
*          *          *6
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)]
Lorusso	HB No. 246
Abstract: Prohibits the placement of any obstruction within six feet of any part of a levee.
Present law prohibits the placing of material or matter of any kind which obstructs or
interferes with the safety of the levees or is an obstacle to the inspection, construction,
maintenance, or repair of any levee within 15 feet of any part of the levee.
Proposed law prohibits the placing of material or matter of any kind which obstructs or
interferes with the safety of the levees or is an obstacle to the inspection, construction,
maintenance, or repair of any levee within 15 feet of any part of a levee along a waterway
commonly used for commercial navigation and six+ feet of any part of a levee fronting any
outfall drainage canal not used for commercial navigation.
(Amends R.S. 38:225(A)(1)(a))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Transportation, Highways
and Public Works to the original bill.
1. Provided that no obstructions can be placed within 15 feet of a levee on a
waterway that is used for commercial navigation.
2. Provided that no obstructions can be placed within six feet of a levee on a
waterway that is on a drainage canal not used for commercial navigation.