SLS 21RS-198 ORIGINAL
2021 Regular Session
SENATE BILL NO. 141
BY SENATOR FESI
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ENERGY DEVELOPMENT. Provide for actions arising from coastal use permits. (8/1/21)
1 AN ACT
2 To amend and reenact R.S. 49:214.36(D) and to enact R.S. 49:214.36(O)(6), relative to the
3 Louisiana Coastal Zone Management Program; to provide for enforcement actions;
4 to provide for civil actions; to provide for requirements to bring civil actions; to
5 provide for exhaustion of administrative remedies; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 49:214.36(D) is hereby amended and reenacted and R.S.
8 49:214.36(O)(6) is hereby enacted to read as follows:
9 ยง214.36. Enforcement; injunction; penalties and fines
10 * * *
11 D. The secretary, the attorney general, an appropriate district attorney, or a
12 local government with an approved program may bring such injunctive, declaratory,
13 or other actions as are necessary to ensure that no uses are made of the coastal zone
14 for which a coastal use permit has not been issued when required or which are not
15 in accordance with the terms and conditions of a coastal use permit. However, a civil
16 action to assess damages shall not be instituted prior to a final and definitive
17 administrative adjudication that a violation of the provisions of this Subpart has
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 141
SLS 21RS-198 ORIGINAL
1 occurred.
2 * * *
3 O.
4 * * *
5 (6) Nothing in this Subpart or the rules, regulations, and guidelines
6 adopted pursuant to this Subpart shall create a private standard of care or
7 private right or cause of action for any use in the coastal zone.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Tyler S. McCloud.
DIGEST
SB 141 Original 2021 Regular Session Fesi
Present law establishes a coastal zone management program within the Dept. of Natural
Resources administered by the secretary of the department. The program includes the
regulation of the application and issuance of required coastal use permits prior to
commencing a use of state or local concern in the coastal zone.
Present law authorizes the secretary, the attorney general, an appropriate district attorney,
or a local government with an approved program, to bring injunctive, declaratory, or other
actions necessary to ensure no use of the coastal zone is made without the necessary permit
or that is not in accordance with the terms and conditions of a coastal use permit.
Proposed law retains present law, except to require a final and definitive administrative
adjudication that a violation of present law occurred prior to instituting a civil action for
damages.
Proposed law provides that nothing in the present law concerning the Louisiana Coastal
Zone Management Program, nor the rules and regulations and guidelines adopted pursuant
to the present law, create a private standard of care or private right or cause of action for any
use in the coastal zone.
Effective August 1, 2021.
(Amends R.S. 49:214.36(D); adds R.S. 49:214.36(O)(6))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.