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Regular Session, 2012
SENATE CONCURRENT RESOLUTI ON NO. 31
BY SENATORS CROWE, DONAHUE AND NEVERS AND REPRESENTATIVES TIM
BURNS, HOLLIS, SCHRODER AND SIMON
CONGRESS. Memorializes Congress to urge the US Army Corps of Engineers, New
Orleans District, to follow the recommendations of the Louisiana Department of Natural
Resources, office of coastal management, as to the implementation of fair and reasonable
regulations on wetland habitat assessment and compensation for wetland impacts.
A CONCURRENT RESOLUTI ON1
To memorialize the Congress of the United States to urge the United States Army Corps of2
Engineers, New Orleans District, to follow the recommendations of the Louisiana3
Department of Natural Resources, office of coastal management, as to the4
implementation of fair and reasonable regulations on wetland habitat assessment and5
compensation for wetland impacts.6
WHEREAS, pursuant to federal law, the U.S. Army Corps of Engineers enforces7
regulations regarding Louisiana's wetlands; and8
WHEREAS, when development is proposed in a wetlands area, the developer is9
required to pay a mitigation fee that is used to preserve other wetland areas; and10
WHEREAS, much of coastal Louisiana is under the purview of the US Army Corps11
of Engineers, New Orleans District (USACE-NO District), and subject to that district's12
application of regulations pertaining to the assessment of wetland habitat and the designation13
of applicable compensatory credits for impacts to wetlands; and14
WHEREAS, the cost of mitigation fees assessed by the USACE-NO District greatly15
increase the cost for capital projects; and16
WHEREAS, the USACE-NO District has promulgated rules, also known as the17
Modified Charleston Method, pertaining to the assessment of wetland habitat and the18 SCR NO. 31
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computation of compensatory credits for wetland impacts from public safety and economic1
development projects; and2
WHEREAS, the Modified Charleston Method significantly changes mitigation3
requirements for unavoidable wetland projects, and greatly increases the cost and hinders4
the ability to build public works projects which protect the public and facilitate the growth5
of our local economy; and6
WHEREAS, the Modified Charleston Method has been criticized as an unreasonable7
and unwarranted change to the USACE-NO District mitigation policies by numerous public8
officials, many of Louisiana's congressional delegation, government and regulatory bodies,9
including the Louisiana Department of Natural Resources, office of coastal management;10
and11
WHEREAS, in public comments in response to Modified Charleston Method rules,12
the office of coastal management criticized the method for not being based on actual13
scientific data and for failing to certify the method as a model which is adequate to assess14
habitat impacts on the USACE-NO District's own civil works program; and15
WHEREAS, the office of coastal management has further stated that the Modified16
Charleston Method must be revised as the effects of the current method language will be to17
impose excessive mitigation requirements and exponential penalties on public works and18
infrastructure projects while not providing enough credit for marsh creation projects or19
insuring that sufficient mitigation banking opportunities are available.20
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby21
support the comments of the Louisiana Department of Natural Resources, office of coastal22
management, calling for the USACE-NO District to implement changes to the Modified23
Charleston Method to address the punitive nature of the calculations utilized in the method24
to quantify compensatory mitigation credits, to provide for fair and adequate credit for marsh25
creation projects, to cease the use of the cumulative impact factor on the adverse impacts26
table of the Modified Charleston Method, and to revise the Modified Charleston Method to27
insure the fair valuation of habitat creation and wetland impact which does not unreasonably28
burden the regulated public.29
BE IT FURTHER RESOLVED that the Legislature of Louisiana does hereby urge30 SCR NO. 31
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the USACE-NO District to heed the criticisms of the Louisiana Department of Natural1
Resources and the numerous government officials, regulatory bodies and private concerns2
with respect to the Modified Charleston Method, its stymieing impact on public works and3
economic development projects; and to follow the mandates of Section 404 of the Clean4
Water Act, which requires that compensatory mitigation be practicable and, thereof, to take5
all actions necessary to revise the Modified Charleston Method to provide adequate and6
defensible compensation calculation for required mitigation for unavoidable impacts to7
wetlands.8
BE IT FURTHER RESOLVED that a the Legislature of Louisiana memorializes the9
United States Congress to urge the United States Army Corps of Engineers, New Orleans10
District, to follow the recommendations of the Louisiana Department of Natural Resources,11
office of coastal management, as to the implementation of fair and reasonable regulations12
on wetland habitat assessment and compensation for wetland impacts.13
BE IT FURTHER RESOLVED that a copy of this Resolution shall be transmitted14
to the secretary of United States Senate and the clerk of the United States House of15
Representatives and to each member of the Louisiana delegation to the United States16
Congress.17
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by McHenry Lee.
DIGEST
Crowe SCR No. 31
Memorializes Congress to urge the US Army Corps of Engineers, New Orleans District, to
follow the recommendations of the La. Dept. of Natural Resources, office of coastal
management, as to the implementation of fair and reasonable regulations on wetland habitat
assessment and compensation for wetland impacts.