RS 49:214.23

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RS 49:214.23

§214.23. Definitions

(1)"Alternative access" shall mean methods of gaining access, ingress and egress, other than by the dredging of canals into the wetlands for drilling, servicing, work over, or any other production of minerals activity.

(2)"Alternative access vehicle" shall mean any hover craft, helicopter, air cushion vehicle, or any other vehicle which does not require dredging.

(3)"Coastal use permit" shall mean the permits required by R.S. 49:214.30 of this Subpart and shall not mean or refer to, and shall be in addition to, any other permit or approval required or established pursuant to any other constitutional provision or statute.

(4)"Coastal waters" shall mean bays, lakes, inlets, estuaries, rivers, bayous, and other bodies of water within the boundaries of the coastal zone which have measurable seawater content (under normal weather conditions over a period of years).

(5)"Coastal Zone" shall mean the coastal waters and adjacent shorelands within the boundaries of the coastal zone established in R.S. 49:214.24, which are strongly influenced by each other, and in proximity to the shorelines, and uses of which have a direct and significant impact on coastal waters.

(6)"Fastlands" are lands, including areas that would otherwise be considered wetlands as defined in 33 CFR 328.3 and 40 CFR 120.2, that are surrounded by validly existing levees, berms, flood protection structures, or natural formations, whether privately or publicly owned or maintained, as of the effective date of this Subpart or as may be lawfully constructed in the future, which levees, berms, flood protection structures, or natural formations would normally prevent activities, not to include the pumping of water for drainage purposes, within the surrounded area from having a continuous surface connection to waters of the United States or direct and significant impacts on coastal waters.

(7)"Guidelines" means those rules and regulations adopted pursuant to R.S. 49:214.27.

(8)"Local government" shall mean the governmental body having general jurisdiction and operating at the parish level.

(9)"Person" shall mean any individual, partnership, association, trust, corporation, public agency or authority, or state or local government body.

(10)"Public hearing", wherever required in this Subpart, shall mean a hearing announced to the public at least 30 days in advance, and at which all interested persons shall be afforded a reasonable opportunity to submit data, views, or arguments, orally or in writing. At the time of the announcement of the public hearing all materials pertinent to the hearing, including documents, studies, and other data, in the possession of the party calling the hearing, must be made available to the public for review and study. As similar materials are subsequently developed, they shall be made available to the public as they become available to the party which conducted the hearing.

(11)"Residential coastal use" shall mean any coastal use associated with the construction or modification of one single-family, duplex, or triplex residence or camp. It shall also include the construction or modification to any outbuilding, bulkhead, pier, or appurtenance on a lot on which there exists a single-family, duplex, or triplex residence or camp or on a water body which is immediately adjacent to such lot.

(12)"Secretary" shall mean the secretary of the Department of Conservation and Energy or his designee.

(13)"Use" shall mean any use or activity within the coastal zone which has a direct and significant impact on coastal waters.

Acts 1978, No. 361, §1, eff. Jan. 1, 1979; Acts 1983, No. 705, §§4, 7, eff. Sept. 1, 1983; Acts 1984, No. 408, §§1, 3, eff. July 6, 1984; Acts 1987, No. 497, §1, eff. July 9, 1987; Acts 2000, 1st Ex. Sess., No. 147, §1; Acts 2023, No. 150, §20, eff. Jan. 10, 2024; Acts 2025, No. 105, §2, eff. June 8, 2025.