PERMIT PROCESS

The Louisiana Legislature has prohibited certain uses on designated watercourses to preserve, protect, develop, reclaim and enhance their natural and scenic qualities (Act 947 of 1988). Prohibited uses are: (1) channelization, (2) channel realignment, (3) clearing and snagging and (4) reservoir construction (impoundment). Clearcutting of trees for commercial purposes within 100 feet of the ordinary low water mark of a designated Natural and Scenic River.

Uses other than those that are prohibited that have potential of causing direct and significant degradation to a Scenic River or its tributaries are regulated by a permit process and multi-agency review by the Department of Wildlife and Fisheries, Department of Environmental Quality, Department of Agriculture and Forestry, Department of Culture, Recreation, Tourism, and the Office of State Planning & Budget, and frequently in collaboration with other State and Federal regulatory agencies. Examples of these include crossings by roads, pipelines and utilities, discharges, mining, piers, bulkheads and other non-conforming structures and activities.

After a complete and sufficient application has been assigned a permit number by the Scenic Rivers Coordinator, the copies are distributed to the review agencies for a full and thorough evaluation of thirty (30) days duration. During this time the coordinator may schedule and make a site inspection. The applicant publishes a description of the proposed use in selected newspapers and sends evidence of this to the Coordinator. The public comment period is forty-five (45) days and begins with the date of publication in the official state journal, The Advocate. If there is sufficient interest from the public, a public hearing may be held. The decision by the Administrator (Secretary of the Department of Wildlife and Fisheries) to grant or deny the permit will be made within fifteen (15) days after the close of the public comment period or the public hearing (if one is held). Most permits are valid for the useful life of the project, but are invalidated if the permitted activity has not begun within eighteen (18) months of permit issuance. Applicants may appeal denial of a permit to the 19th Judicial District Court after an administrative hearing in accordance with the State Administrative Procedure Act.

In serious and urgent situations, the waiting periods for standard permitting procedures may be waived and an emergency permit granted by the Administrator. For these emergency procedures to be applicable, it must be clearly indicated in the application and the site inspection that circumstances are sufficiently dire, through no fault of the applicant, to represent imminent harm to human health or the immediate environment and that those circumstances would significantly worsen during the review period required by standard procedure.

Application
Attachments & Environmental Assessment
Public Notice Information
Scenic River Application Agreement

CHECKLIST OF APPLICANT RESPONSIBILITIES IN THE SCENIC RIVER PERMIT PROCESS

___ 1. Submit the original application along with six complete copies.  In addition to addressing each of the twelve (12) criteria of the environmental assessment, the application must also contain the following information:

___ a. Project description & scaled drawings
___ b. Vicinity map of project location
___ c. Color photos of project site (7 sets)
___ d. List of other permits required
___ e. Signed legal agreement
___ f. Statement of compliance history
___ g. List of steps taken to minimize impact
___ h. List of project alternatives
___ i. $100 permit fee
___ j. Site visit fees (if applicable)

___ 2. Publish public notices in the official state journal and the official parish journal of the parish where the project is located.  Mail proof of publication to the Scenic Rivers Coordinator.

___ 3. Begin permitted activity within eighteen months of permit issuance.

INSUFFICIENT OR INCOMPLETE APPLICATIONS WILL BE RETURNED TO THE APPLICANT