RS 38:2

706 words·~3 min read·/la/title-38/38-302

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RS 38:2

§2. Functions of department

A.(1) The functions of the Department of Transportation and Development shall comprise all of the administrative functions of the state in relation to the planning, design, survey and construction, operation, and maintenance and repair of public buildings used in connection with the operation of the department, and of levees, canals, dams, locks, spillways, reservoirs, drainage systems, irrigation systems, housing development, state planning, inland navigation projects, flood control and river improvement programs, public housing projects, and other public works.

The department shall render all engineering, economic, and other advisory services within the scope of its functions to port and terminal districts and other local governmental subdivisions and special districts which its facilities allow, subject to the right to be reimbursed for the reasonable costs thereof.

(2)(a) The Coastal Protection and Restoration Authority Board shall have superseding jurisdiction over all integrated coastal protection, as defined in R.S. 49:214.2, in the coastal area, as defined in R.S. 49:214.2.

(b)The Coordinated Use of Resources for Recreation, Economy, Navigation, and Transportation Authority Board shall have superseding jurisdiction over all integrated projects in the upland area, as provided in R.S. 38:2351 et seq.

(3)(a) Subject to the right to be reimbursed for reasonable costs associated with such service, the Coastal Protection and Restoration Authority Board shall render to local governmental subdivisions, levee districts, levee and conservation districts, flood authorities, and any other special district all engineering, economic, and other advisory services within the scope of its functions and jurisdiction as defined in R.S. 49:214.2(3) and

(10)which its facilities allow.

(b)Subject to the right to be reimbursed for reasonable costs associated with such service, the Coordinated Use of Resources for Recreation, Economy, Navigation, and Transportation Authority Board shall render to local governmental subdivisions, levee districts, ports, navigation districts and commissions, levee and conservation districts, and any other special district all engineering, economic, and other advisory services within the scope of its functions and jurisdiction as provided in R.S. 38:2351 et seq., which its facilities allow.

B. If a decision is made by the agency or political subdivision involved to proceed with construction of a project concerning which the Department of Transportation and Development or the Coastal Protection and Restoration Authority Board, if the area is located within the coastal area, as defined in R.S. 49:214.2(3), and involves integrated coastal protection, as defined in R.S. 49:214.2(10), has been called upon to furnish engineering services, a feasibility study of the project shall be conducted by the department or the Coastal Protection and Restoration Authority Board, if the area is located within the coastal area, as defined in R.S. 49:214.2(3), and involves integrated coastal protection, as defined in R.S. 49:214.2(10), at the expense of the agency or political subdivision requesting such services.

The study shall be completed prior to the commencement of construction on the project. The study shall be in writing and shall make a determination as to the desirability, feasibility, cost necessity, and beneficial results of any such proposed project. Whenever any such project is a levee, the study shall make a determination of the necessity of the project from the viewpoint of flood control in addition to making the foregoing determinations. Each such study shall be filed in the records of the Department of Transportation and Development or the Coastal Protection and Restoration Authority Board, if the area is located within the coastal area, as defined in R.S. 49:214.2(3), and involves integrated coastal protection, as defined in R.S. 49:214.2(10), pertaining to the particular project in question, and such study shall be a public record open to inspection by any person during the normal working hours of the Department of Transportation and Development.

C. The Department of Transportation and Development may prepare maps of Louisiana congressional districts, legislative districts, Louisiana State Board of Elementary and Secondary Education districts, and Louisiana Public Service Commission districts following reapportionment of the districts as otherwise provided by law.

Amended by Acts 1971, No. 193, §1; Acts 1983, No. 519, §3, eff. July 8, 1983; Acts 1991, No. 330, §2, eff. July 6, 1991; Acts 1998, 1st Ex. Sess., No. 29, §1, eff. April 24, 1998; Acts 2012, No. 601, §1, eff. June 7, 2012; Acts 2025, No. 418, §1.