ENROLLED
ACT No. 47
2018 Regular Session
HOUSE BILL NO. 49
BY REPRESENTATIVE GISCLAIR
AN ACT
To amend and reenact R.S. 49:214.41(A)(1) and (C), relative to mitigation of coastal
wetlands; to authorize construction or implementation of an integrated coastal
protection project as compensatory wetlands mitigation; and to provide for related
matters.
Be it enacted by the Legislature of Louisiana:
Section 1. R.S. 49:214.41(A)(1) and (C) are hereby amended and reenacted to read
as follows:
ยง214.41. Mitigation of coastal wetlands losses
A. As used in this Section, the following terms shall have the meaning
ascribed to them below:
(1) "Compensatory mitigation" means replacement, substitution,
enhancement, or protection of ecological values to offset anticipated losses of those
values caused by a permitted activity. Compensatory mitigation may also include
construction or implementation of an integrated coastal protection project consistent
with the state's master plan for coastal protection and restoration within the same
watershed as the permitted activity.
* * *
C. Compensatory mitigation, including construction or implementation of
an integrated coastal protection project consistent with the state's master plan for
coastal protection and restoration within the same watershed as the permitted
activity, at a level sufficient to replace or to substitute for the ecological value of the
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 49 ENROLLED
wetlands lost as a result of each permitted activity, shall be required, unless the
permittee has satisfactorily demonstrated to the secretary that the required mitigation
would render impracticable an activity proposed to be permitted and that such
activity has a clearly overriding public interest. In such an instance, provided that
the secretary has decided to issue the permit, the secretary shall grant a variance to
this compensatory mitigation requirement after giving due public notice. The
secretary shall also provide a statement of finding as to the reasons for granting such
variance.
* * *
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.