The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Jerry J. Guillot.
DIGEST
Adley (SB 469)
Present law creates a coastal zone management program in the Dept. of Natural Resources.
Provides generally for the development of a state program aimed at protecting, developing, and
managing the coastal zone of the state. The program defines the coastal zone and delineates the
types of uses approved for the coastal zone. Further provides for the development of state and
local coastal management plans.
Coastal use permits issued by the DNR are used to control the development and activities in the
coastal zone. Present law provides for enforcement of the coastal use permits (CUP) and the
activities permitted under the CUPs.
Present law specifies that the secretary, the attorney general, an appropriate district attorney, or a
local government may bring injunctive, declaratory, or other actions to ensure that only permitted
activities may be conducted in the coastal zone. Proposed law specifies that the secretary
through the attorney general and a local governmental subdivision may bring such actions.
Proposed law also requires that prior to initiating or continuing an action to enforce the coastal
management laws or rules, a local governmental subdivision must serve notice of a violation,
including specific information about the alleged violation, to the DNR secretary and the person
alleged to be in violation. The person alleged to be in violation must respond to the secretary and
the local governmental subdivision within 60 days. No action may be initiated or continued by
the local governmental subdivision until the secretary conducts an investigation into the
allegations, which investigation must be concluded within 120 days after the issuance of the
notice of violation, and finds that a violation has occurred, the violator is under the territorial
jurisdiction of the local governmental subdivision desiring to bring action, the enforcement
action is consistent with the coastal management program and the state's master plan for
integrated coastal protection, and the enforcement action is reasonable and appropriate.
Present law provides for monies collected pursuant to enforcement actions taken by the
department to be placed in local government mitigation banks of the parish where the violation
took place or the Wetlands Conservation and Restoration Fund if there is no local governmental
mitigation bank and used only for mitigation projects within the geographic boundaries of the
local government where the violation took place.
Proposed law provides for the funds to be deposited to the Coastal Resources Trust Fund to by
used only for mitigation projects within the geographic boundaries of the local governmental
subdivision where the violation took place.
Effective upon signature by governor or lapse of time for gubernatorial action. (R.S. 49:214.36(D), (J), (K), (L), (M), and (N); adds R.S. 49:214.36(O))