HLS 18RS-204 ENGROSSED
2018 Regular Session
HOUSE BILL NO. 49
BY REPRESENTATIVE GISCLAIR
COASTAL RES/WETLANDS: Authorizes coastal restoration and protection projects as
compensatory wetlands mitigation
1 AN ACT
2To amend and reenact R.S. 49:214.41(A)(1) and (C), relative to mitigation of coastal
3 wetlands; to authorize construction or implementation of an integrated coastal
4 protection project as compensatory wetlands mitigation; and to provide for related
5 matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 49:214.41(A)(1) and (C) are hereby amended and reenacted to read
8as follows:
9 ยง214.41. Mitigation of coastal wetlands losses
10 A. As used in this Section, the following terms shall have the meaning
11 ascribed to them below:
12 (1) "Compensatory mitigation" means replacement, substitution,
13 enhancement, or protection of ecological values to offset anticipated losses of those
14 values caused by a permitted activity. Compensatory mitigation may also include
15 construction or implementation of an integrated coastal protection project consistent
16 with the state's master plan for coastal protection and restoration within the same
17 watershed as the permitted activity.
18 * * *
19 C. Compensatory mitigation, including construction or implementation of
20 an integrated coastal protection project consistent with the state's master plan for
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-204 ENGROSSED
HB NO. 49
1 coastal protection and restoration within the same watershed as the permitted
2 activity, at a level sufficient to replace or to substitute for the ecological value of the
3 wetlands lost as a result of each permitted activity, shall be required, unless the
4 permittee has satisfactorily demonstrated to the secretary that the required mitigation
5 would render impracticable an activity proposed to be permitted and that such
6 activity has a clearly overriding public interest. In such an instance, provided that
7 the secretary has decided to issue the permit, the secretary shall grant a variance to
8 this compensatory mitigation requirement after giving due public notice. The
9 secretary shall also provide a statement of finding as to the reasons for granting such
10 variance.
11 * * *
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)]
HB 49 Engrossed 2018 Regular Session Gisclair
Abstract: Includes integrated coastal protection projects as compensatory wetlands
mitigation.
Present law generally requires mitigation for damage done to coastal wetlands. Requires the
secretary of the Dept. of Natural Resources to adopt regulations requiring such mitigation.
Also requires compensatory mitigation at a level sufficient to replace or substitute for the
wetlands lost due to permitted activities in the coastal area. Defines compensatory
mitigation as the replacement, substitution, enhancement, or protection of ecological values
to offset anticipated losses.
Proposed law authorizes the inclusion of integrated coastal protection projects consistent
with the state's coastal master plan and located within the same watershed as the permitted
activity as compensatory wetlands mitigation for negative impacts caused by a permitted
activity.
(Amends R.S. 49:214.41(A)(1) and (C))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Natural Resources and
Environment to the original bill:
1. Provide that the coastal protection project must be located within the same
watershed as the permitted activity.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.