RÉSUMÉ DIGEST
ACT 282 (SB 3) 2022 Regular Session Allain
Existing law establishes a coastal zone management program within the Dept. of Natural
Resources and administered by the secretary of the department. The program includes
regulation of the application and issuance of a coastal use permit prior to commencing a use
of state or local concern in the coastal zone. New law retains existing law.
Existing law requires that any monies received by any state or local governmental entity
arising from or related to a state or federal permit issued pursuant to the State and Local
Coastal Resource Management Act of 1978, a violation thereof, or enforcement thereof, or
for damages or other relief arising from or related to any of the foregoing, or for damages or
other relief arising from or related to any use as defined by existing law, be used for
integrated coastal protection, including coastal restoration, hurricane protection, and
improving the resiliency of the coastal area. New law retains existing law.
Prior law provided for the distribution of monies collected from enforcement actions for uses
of state concerns as follows:
(1)50% deposited into the Coastal Resources Trust Fund for reimbursement to the
department for the cost of enforcing the coastal zone management program.
(2)25% deposited in the local government's mitigation banks.
(3)25% deposited in the Wetlands Conservation and Restoration Fund.
New law changes the deposit from 50% to the Coastal Resources Trust Fund to 75% to the
Coastal Protection and Restoration Fund for projects consistent with existing law after
deducting the cost to reimburse the department for enforcing the coastal zone management
program.
New law retains existing law by requiring 25% be deposited in local government mitigation
banks. New law further provides that when no local government mitigation bank exists, the
funds are deposited into a restricted fund administered by the parish governing authority of
the parish or parishes in which the adverse impact related to the use is located. New law
requires the funds be used for projects consistent with existing law and within or for the
benefit of areas within the geographic borders of that parish.
New law removes the 25% deposit to the Wetlands Conservation and Restoration Fund in
prior law.
Existing law provides that 100% of monies collected by the secretary from enforcement
actions for uses of local concerns be deposited in local government mitigation banks.
Existing law provides for a pro rata division in cases involving two or more local
governments. Existing law provides for the monies deposited in the Wetlands Conservation
and Restoration Fund to be used only for mitigation projects within the geographic borders
of that local government in the event there is no local government mitigation bank.
New law changes the deposit in the event no local government mitigation bank exists, from
the Wetlands Conservation and Restoration Fund to a restricted fund administered by the
parish governing authority of the parish or parishes in which the adverse impact related to
the use is located. New law requires the funds be used for projects consistent with existing
law and within or for the benefit of areas within the geographic borders of that parish.
Effective August 1, 2022.
(Amends R.S. 49:214.36(J) and (O)(2))