Louisiana 2012 2012 Regular Session

Louisiana House Bill HB656 Chaptered / Bill

                    ENROLLED
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ACT No. 588
Regular Session, 2012
HOUSE BILL NO. 656
BY REPRESENTATIVE DOVE
AN ACT1
To amend and reenact R.S. 49:214.24(C) and (D) and 214.34(A)(introductory paragraph),2
(1), and (5) and (B) and to enact R.S. 49:214.34(C), relative to the coastal zone3
boundary; to redraw the coastal zone boundary; to provide relative to determination4
of fastlands within the coastal zone; to provide relative to required coastal use5
permits within the coastal zone; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 49:214.24(C) and (D) and 214.34(A)(introductory paragraph), (1),8
and (5) and (B) are hereby amended and reenacted and R.S. 49:214.34(C) is hereby enacted9
to read as follows:10
§214.24.  Coastal zone boundary11
*          *          *12
C. The inland boundary of the coastal zone shall generally be a line13
beginning at the intersection of the northern line of the Intracoastal Canal and the14
Louisiana/Texas boundary, thence proceeding easterly along the northern bank of the15
Intracoastal Canal to Highway 82, thence northeasterly along Highway 82 to16
Highway 690, thence easterly along Highway 690 to Highway 330, thence17
northeasterly along Highway 330 to Highway 14, thence easterly along Highway 1418
to Highway 90, thence southeasterly along Highway 90 to Highway 85, thence19
northeasterly along Highway 85 to Highway 90, thence easterly along Highway 9020
to the intersection of Highway 90 and the East Atchafalaya Basin Protection Levee21 ENROLLEDHB NO. 656
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thence northerly along the East Atchafalaya Basin Protection Levee to the1
intersection of the boundary which separates the parishes of St. Martin and Iberia,2
thence easterly along the boundary separating Iberia Parish from St. Martin Parish,3
to the intersection of the St. Martin Parish boundary with the boundary separating St.4
Martin Parish from Assumption Parish, thence southerly along the boundary5
separating St. Martin Parish from Assumption Parish to the intersection of the6
boundary with the northern shore of Lake Palourde, thence westerly along the7
northern shore of Lake Palourde to the intersection of the shore with the northern8
boundary of the city of Morgan City, thence following the boundary of the corporate9
limits of the city of Morgan City to where it intersects with the northern bank of the10
Gulf Intracoastal Waterway, thence along the northern bank of the Gulf Intracoastal11
Waterway to the vicinity of the Bayou du Large Ridge, thence proceeding southerly12
along the western edge of the Bayou du Large Ridge to the intersection of the13
Falgout Canal, thence proceeding easterly along the north bank of the Falgout Canal14
to the eastern edge of the Bayou du Large Ridge, thence proceeding northerly along15
the eastern edge of the Bayou du Large Ridge to the vicinity of Crozier, thence16
proceeding easterly to the western edge of the Grand Caillou Ridge, thence17
proceeding southerly along the western edge of the Grand Caillou Ridge to the18
vicinity of Dulac, thence proceeding easterly to the eastern edge of the Grand Caillou19
Ridge, thence proceeding northerly along the eastern edge of the Grand Caillou20
Ridge to the northern bank of the St. Louis Canal, thence proceeding easterly along21
the northern bank of the St. Louis Canal to the western edge of the Petit Caillou22
Ridge, thence proceeding southerly along the western edge of the Petit Caillou Ridge23
to the vicinity of Chauvin, thence proceeding easterly to Highway 55, thence24
proceeding northerly along Highway 55 to its intersection with Highway 665, thence25
easterly along Highway 665 to Bayou Pointe au Chien, thence northerly along Bayou26
Pointe au Chien to Highway 55, thence northerly along Highway 55 to Highway 24,27
thence easterly along Highway 24 to Highway 308, thence northerly along Highway28
308 to a point of intersection with the northern bank of the Gulf Intracoastal29
Waterway, thence northeasterly along the northern bank of the Gulf Intracoastal30 ENROLLEDHB NO. 656
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Waterway to a point of intersection with Canal Tisamond Foret, thence proceeding1
northeasterly along the northern bank of the Canal Tisamond Foret to a point of2
intersection with a line one hundred yards inland from the mean high tide line of3
Lake Salvador, thence proceeding northerly along the line one hundred yards inland4
from the mean high tide of Lake Salvador to a point of intersection with a line one5
hundred yards from the mean high water line of Bayou Des Allemands, thence6
proceeding northwesterly along the line one hundred yards inland from the western7
mean high water line of Bayou Des Allemands and the Petit Lac Des Allemands to8
a point of intersection with the boundary separating Wards 7 and 8 of Lafourche9
Parish, thence proceeding southwesterly along said boundary to a point of10
intersection with the Midway Canal, thence proceeding northwesterly along the11
Midway Canal, and in a northwesterly straight line prolongation of said canal, to a12
point of intersection with U.S. Highway 90, thence proceeding northeasterly along13
U.S. Highway 90 to a point of intersection with the line one hundred yards from the14
western mean high water line of Baie Des Deux Chenes, thence proceeding15
northwesterly along said line one hundred yards from the western mean high water16
line of Baie Des Deux Chenes to a point of intersection with the line one hundred17
yards from the mean high water line of Lac Des Allemands, thence proceeding18
westerly along said line to a point of intersection with a line one hundred yards from19
the mean high water line of Bayou Boeuf, thence proceeding southerly along the line20
of one hundred yards from the mean high water line of Bayou Boeuf to a point of21
intersection with Highway 307, thence proceeding westerly along Highway 307 to22
a point of intersection with Highway 20, thence proceeding northerly along Highway23
20 to a point of intersection with the boundary separating St. James Parish and24
Lafourche Parish, thence proceeding westerly along said boundary to a point of25
intersection with the boundary separating St. James Parish and Assumption Parish,26
thence proceeding northerly along said boundary to a point of intersection with the27
boundary separating St. James Parish and Ascension Parish, thence proceeding28
northerly and easterly along said boundary to a point of intersection with the29
boundary separating Ascension Parish and St. John the Baptist Parish, thence30 ENROLLEDHB NO. 656
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proceeding northerly along said boundary to a point of intersection with the1
boundary separating Ascension Parish and Livingston Parish, thence proceeding2
northwesterly along said boundary to a point of intersection with the boundary3
separating Livingston Parish and East Baton Rouge Parish, thence proceeding4
northwesterly along said boundary to a point of intersection with Interstate Highway5
12 thence, proceeding easterly along Interstate Highway 12 to a point of intersection6
with Interstate Highway 10, thence proceeding easterly along Interstate Highway 107
to a point of intersection with the boundary separating Louisiana and Mississippi.8
The inland boundary of the coastal zone shall also include all or any portions of the9
parishes of Ascension or Iberville recommended for inclusion in the coastal zone by10
the final report of the Coastal Protection and Restoration Authority of Louisiana11
prepared in response to Senate Concurrent Resolution No. 60 of the 2009 Regular12
Session. a point on the Louisiana/Texas border approximately 1035 feet southerly13
of the centerline of Interstate Highway 10 (I-10) at the northern boundary of Section14
9, T11S-R13W. From this Point of Beginning, the inland boundary of the coastal15
zone shall thence proceed easterly along the northern boundary of Sections 9, 10, 11,16
12, T11S-R13W, Sections 7, 8, 9, 10, 11, 12, T11S-R12W, Sections 7, 8, 9, 10, 11,17
12T11S-R11W, and Section 7, T11S-R10W a distance of approximately 89,076 feet18
to the intersection of the left descending bank of Bayou Choupique; thence southerly19
along the left descending bank of Bayou Choupique a distance of approximately20
56,800 feet to the intersection of the north shore of the Gulf-Intracoastal Waterway;21
thence easterly along the north shore of the Gulf-Intracoastal Waterway a distance22
of approximately 29,225 feet to the intersection of the right descending bank of23
Black Bayou; thence northerly along the right descending bank of Black Bayou a24
distance of approximately 7,028 feet to the intersection of the right descending bank25
of Coulee Hippolyte; thence northerly along the right descending bank of Coulee26
Hippolyte approximately 12,100 feet to the extension of the eastern right-of-way of27
Nelson Road; thence northerly along the eastern right-of-way of Nelson Road28
approximately 4,968 feet to the southern right-of-way of W. Lincoln Road; thence29
easterly along the southern right-of-way of W. Lincoln Road approximately 11,92830 ENROLLEDHB NO. 656
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feet to the western right-of-way of Louisiana Highway 385 (Gulf Highway); thence1
southerly along the western right-of-way of Louisiana Highway 385 (Gulf Highway)2
approximately 20,180 feet to the northern Cameron Parish boundary; thence easterly3
along the northern Cameron Parish boundary approximately 194,110 feet to the4
northeast corner of Cameron Parish; thence southerly along the boundary of5
Cameron/Vermilion Parishes approximately 43,122 feet to the north shore of the6
Gulf-Intracoastal Waterway; thence easterly along the north shore of the Gulf-7
Intracoastal Waterway approximately 109,994 feet to the eastern right-of-way of8
Louisiana Highway 82; thence northerly along the eastern right-of-way of Louisiana9
Highway 82 a distance of approximately 3,731 feet to its intersection with Louisiana10
Highway 35; thence easterly along the southern right-of-way of Louisiana Highway11
82 a distance of approximately 40,638 feet to its intersection with Louisiana12
Highway 333; thence northerly along the eastern right-of-way of Louisiana Highway13
82 a distance of approximately 16,480 feet to the southern right-of-way of Louisiana14
Highway 690; thence easterly along the southern right-of-way of Louisiana Highway15
690 a distance of approximately 23,157 feet to the southern right-of-way of16
Louisiana Highway 330; thence continuing easterly along the southern right-of-way17
of Louisiana Highway 330 a distance of approximately 28,303 feet to a point where18
Louisiana Highway 330 takes a 90- degree turn to the north; thence northerly along19
the eastern right-of-way of Louisiana Highway 330 a distance of approximately20
28,632 feet to a point approximately 188 feet north of the centerline of Wilferd21
Landry Street, in Delcambre; thence N 89 degrees 05 minutes 01 seconds W a22
distance of approximately 1,457 feet; thence N 00 degrees 23 minutes 30 seconds W23
a distance of approximately 276 feet; thence N 88 degrees 43 minutes 94 seconds W24
a distance of approximately 1,380 feet; thence N 00 degrees 26 minutes 05 seconds25
W a distance of approximately 2,661 feet to the intersection of the centerline of26
North Saunier Drive and the extension of the eastern right-of-way of Louisiana27
Highway 89; thence northerly along the eastern right-of-way of Louisiana Highway28
89 a distance of approximately 539 feet; thence N 86 degrees 26 minutes 50 seconds29
E a distance of 1,475 feet; thence N 01 degrees 09 minutes 06 seconds E a distance30 ENROLLEDHB NO. 656
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of 654 feet; thence S 89 degrees 30 minutes 31 seconds E a distance of 337 feet to1
a point on the Vermilion/Iberia Parish boundary; thence northerly along the parish2
boundary a distance of approximately 19,351 to the southern right-of-way of3
Louisiana Highway 682 (Lake Peigneur Road); thence southeasterly along the4
southern right-of-way of Louisiana Highway 682 a distance of 10,230 feet to the5
northern right-of-way of Louisiana Highway 675 (Jefferson Island Road); thence6
southwesterly along the northern right-of-way of Louisiana Highway 675 a distance7
of approximately 15,576 feet to the southern right-of-way of Louisiana Highway 14;8
thence easterly along the southern right-of-way of Louisiana Highway 14 a distance9
of approximately 42,067 feet to the southern right-of-way of US Highway 90; thence10
easterly along the southern right-of-way of US Highway 90 a distance of11
approximately 50,265 feet to the southern right-of-way of Louisiana Highway 8512
(Patoutville Road); thence northeasterly along the southern right-of-way of Louisiana13
Highway 85 a distance of approximately 5,826 feet to the southern right-of-way of14
Louisiana Highway 674 (East Admiral Doyle Drive); thence southeasterly along the15
southern right-of-way of Louisiana Highway 674 a distance of approximately 9,99716
feet to the southern right-of-way of Louisiana Highway 85 (Hubertville Road);17
thence northeasterly along the southern right-of-way of Louisiana Highway 85 a18
distance of approximately 6,160 feet to the northern right-of-way of Glover Street;19
thence northwesterly along the northern right-of-way of Glover Street a distance of20
approximately 2,140 feet; thence N 42 degrees 30 minutes 50 seconds E along the21
eastern right-of-way of Doll Street a distance of approximately 1,794 feet to the right22
descending bank of Bayou Teche; thence southerly along the right descending bank23
of Bayou Teche a distance of approximately 12,314 feet to the St. Mary Parish24
boundary; thence northerly along the Iberia/St. Mary Parish boundary a distance of25
approximately 40,881 feet to the eastern right-of-way of Iberia Parish Road 30526
(West Atchafalaya Basin Spillway Road); thence northerly along the eastern right-of-27
way of Iberia Parish Road 305 a distance of approximately 32,791 feet to the Iberia28
Parish boundary; thence easterly along the Iberia/St. Martin and Iberia/Iberville29
Parish boundaries a distance of approximately 134,940 feet to the Assumption Parish30 ENROLLEDHB NO. 656
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boundary; thence continuing easterly along the Assumption/Iberville and1
Assumption/Ascension Parish boundaries a distance of approximately 94,422 feet2
to the St. James Parish boundary; thence continuing easterly along the St.3
James/Ascension Parish boundary a distance of approximately 46,802 feet to the4
eastern right-of-way of the Entergy tower power line near the western boundary of5
Section 31, T10S – R4E; thence northerly along the east right-of-way line of the6
Entergy tower power line a distance of 14,248 feet to the northern right-of-way of7
Interstate Highway 10 (I-10) located in Section 19, T10S-R4E; thence southeasterly8
along the northern right-of-way of I-10 a distance of 27,411 feet to the east section9
line of Section 26, T10S-R4E; thence northerly along the east section lines of10
Sections 26, 23, 14, and 11, T10S-R4E a distance of 15,704 feet to the northern11
drainage servitude line of New River Canal; thence westerly along the northern12
drainage servitude line of New River Canal a distance of 6,121 feet to the eastern13
drainage servitude line of Sevario Canal (Marvin Braud Pumping Station) located14
in Section 10, T10S-R4E; thence northerly along the east drainage servitude line of15
Sevario Canal a distance of 12,599 feet to the toe of the levee on the east bank of an16
unnamed tributary located in the northeast quarter of Section 34, T9S-R4E; thence17
proceed in a northeasterly and northwesterly direction along the floodside toe of the18
levee on the east bank of an unnamed tributary a distance of 1,221 feet to the north19
section line of Section 34, T9S-R4E and also at the toe of an existing levee heading20
east; thence easterly along the north section line and also the floodside toe of the21
levee a distance of 1,530 feet to a turn in the levee northward; thence northeasterly22
along the floodside toe of the levee a distance of 1,440 feet to a turn in the levee23
westward; thence westerly along the floodside toe of the levee a distance of 2,35424
feet to the west bank of the unnamed tributary in Section 27, T9S-R4E; thence25
northerly along the west bank of the unnamed tributary a distance of 2,716 feet to the26
extension of the floodside toe of an existing levee heading southeasterly from the27
unnamed tributary; thence southeasterly, then northeasterly, then northwesterly along28
the floodside toe of the levee a distance of 5,794 feet to the northern right-of-way of29
Laurel Ridge Levee and the south right-of-way of Louisiana Highway 22 located in30 ENROLLEDHB NO. 656
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the southeast quarter of Section 22, T9S-R4E; thence northwesterly along the north1
right-of-way line of Laurel Ridge Levee a distance of 4,085 feet to a turn in the levee2
westward and located in the southwest quarter of Section 15, T8S-R4E; thence3
westerly along the north right-of-way line of Laurel Ridge Levee a distance of4
10,313 feet to a point being 1,100 feet west of Bayou Vicknair in the southwest5
quarter of Section 17, T8S-R4E; thence N 10 degrees 02 minutes 34 seconds E a6
distance of 4,966 feet along the eastern side of a ridge following the elevation 5 feet7
contour line to a point located in the northern half of Section 17, T8S-R4E; thence8
proceed N 02 degrees 55 minutes 03 seconds W a distance of 4,641 feet to a point9
located on the top of an elevation 5 feet knoll located south of Lake Martin in the10
northern half of Section 8, T8S-R4E; thence N 47 degrees 59 minutes 42 seconds W11
a distance of 2,335 feet to a point located in the northern half of Section 8, T8S-R4E;12
thence N 32 degrees 31 minutes 50 seconds W a distance of 1,236 feet to a point13
located on the west section line of Section 5, T8S-R4E; thence proceed northerly14
along the west section line of said Section 5 and the west section line of Section 32,15
T8S-R4E a distance of 5,517 feet to a point located in the southeast quarter of16
Section 31, T8S-R4E; thence N 71 degrees 41 minutes 16 seconds W a distance of17
1,926 feet to a point on the west bank of an unnamed tributary of Lake Villars in18
Section 31, T8S-R4E; thence an approximate direction of N 16 degrees 30 minutes19
04 seconds W proceed along the west bank of an unnamed tributary of Lake Villars20
a distance of 2,094 feet to a point in Section 31, T8S-R4E; thence an approximate21
direction of N 46 degrees 41 minutes 16 seconds W along the west bank of an22
unnamed tributary of Lake Villars a distance of 899 feet to a point in Section 31,23
T8S-R4E; thence an approximate direction of N 08 degrees 16 minutes 33 seconds24
E along the west bank of an unnamed tributary of Lake Villars a distance of 1,13425
feet to a point in Section 30, T8S-R4E; thence an approximate direction of N 3426
degrees 16 minutes 41 seconds W along the west bank of an unnamed tributary of27
Lake Villars a distance of 1,348 feet to the southern right-of-way of Summerfield28
Road located in the southern half of Section 30, T8S-R4E; thence westerly along the29
southern right-of-way of Summerfield Road a distance of 2,010 feet to the centerline30 ENROLLEDHB NO. 656
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of Louisiana Highway 431 located in the southern half of Section 25, T8S-R4E;1
thence S 87 degrees 57 minutes 12 seconds W a distance of 4,226 feet to a ridge top2
with elevation 15 feet located in the southern half of Section 25, Township 8 South,3
Range 3 East; thence N 01 degrees 10 minutes 10 seconds W a distance of 6,333 feet4
to the edge of the swamp and the elevation 5 feet contour line near the southeast5
comer of the Shiloh Church Cemetery located south of Louisiana Highway 426
located in the northern half of Section 3, T8S-R3E; thence N 77 degrees 24 minutes7
19 seconds E along the elevation 5 feet contour line a distance of 1,498 feet to a8
point located on the east section line of Section 3, T8S-R3E; thence S 51 degrees 079
minutes 20 seconds E a distance of 3,562 feet to a point on the east section line of10
Section 24, T8S-R3E and the extension of the southern right-of-way of Louisiana11
Highway 42/Amite River crossing being on an elevation 5 feet plateau located in the12
southern half of Section 24, Township 8 South, Range 3 East, Southeast District,13
East of Mississippi River; thence easterly along the extension of the south right-of-14
way of Louisiana Highway 42/Amite River crossing a distance of 663 feet to the15
centerline of the Amite River at the Livingston Parish boundary; thence continuing16
easterly along the southern right-of-way of Louisiana Highway 42 a distance of17
approximately 926 feet to the southern right-of-way of combined Louisiana18
Highways 16/42; thence easterly along the southern right-of-way of combined19
Louisiana Highways 16/42 a distance of approximately 16,619 feet to the20
southeastern right-of-way of Louisiana Highway 42 where it diverges from21
combined Louisiana Highways 16/42; thence northeasterly (becoming easterly)22
along the southeastern (becoming southern) right-of-way of Louisiana Highway 4223
a distance of approximately 106,632 feet to the southeasterly right-of-way of24
Louisiana Highway 22; thence northeasterly along the southeasterly (becoming25
southern) right-of-way of Louisiana Highway 22 a distance of approximately 88,42826
feet to the Tangipahoa/St. Tammany Parish boundary; thence northerly along the27
Tangipahoa/St. Tammany Parish boundary a distance of approximately 15,829 feet28
to the southern right-of-way of Interstate Highway 12 (I-12); thence easterly along29
the southern right-of-way of I-12 a distance of approximately 172,968 feet to the30 ENROLLEDHB NO. 656
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southern right-of-way of Interstate Highway 10 (I-10); thence continued easterly1
along the southern right-of-way of I-10 a distance of approximately 32,514 feet to2
the termination point at the intersection of southern right-of-way of I-10 with the3
Louisiana/Mississippi state border.4
D. The secretary shall adopt a fully delineated inland boundary in5
accordance with the provisions of Subsection C of this Section, which boundary shall6
not depart appreciably from the boundary delineated therein. The secretary shall be7
authorized to amend the boundary as may be appropriate to follow the corporate8
limits of any municipality divided by the boundary.  The boundary, as adopted, shall9
be clearly marked on large scale maps or charts, official copies of which shall be10
available for public inspection in the offices of the coastal management program11
office of coastal management of the Department of Natural Resources and each local12
government in the coastal zone.  The boundary shall also be available in an13
electronic format map available for viewing or download from the office of coastal14
management website.15
*          *          *16
§214.34.  Activities not requiring a coastal use permit 17
A.  The Whether or not the activity occurs within the geographical18
boundaries of the coastal zone, the following activities shall not require a coastal use19
permit:20
(1) Activities occurring wholly on lands five feet 	or more above mean sea21
level except when the secretary finds, subject to appeal, that the particular activity22
would have direct and significant impact on coastal waters.23
*          *          *24
(5) Normal maintenance or repair of existing structures, including but not25
limited to emergency repairs of damage caused by accident, fire, or the elements. 26
*          *          *27
B.  The secretary shall maintain a map or collection of maps accurately28
depicting the areas within the coastal zone that have been determined by the29
secretary to be a fastland or above the five foot contour. This map shall be readily30 ENROLLEDHB NO. 656
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accessible to the public for inspection and self-service comparison to proposed1
project footprints to aid in an applicant's own determination whether the applicant's2
activity is subject to the exemption provided in this Section, thus obviating the need3
to submit an application for a coastal use permit.4
B.C.(1) The secretary shall adopt rules for the implementation of this Section5
and may, by such rules, specify such other activities not requiring a coastal use6
permit as are consistent with the purposes of this Subpart.7
(2)  Nothing in this Subsection Section shall be construed as otherwise8
abrogating the lawful authority of agencies and local governments to adopt zoning9
laws, ordinances, or rules and regulations for those activities within the coastal zone10
not requiring a coastal use permit and to issue licenses and permits pursuant thereto.11
Individual specific uses legally commenced or established prior to the effective date12
of the coastal use permit program shall not require a coastal use permit. 13
Section 2. This Act shall become effective upon signature by the governor or, if not14
signed by the governor, upon expiration of the time for bills to become law without signature15
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If16
vetoed by the governor and subsequently approved by the legislature, this Act shall become17
effective on the day following such approval.18
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: