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Office of Coastal Management

Frequently Asked Questions (FAQ)

 

General Information
1. What is your mailing address?
2. What is your physical address (for UPS, Fedex deliver)?
3. Where is your office located?
4. Where can I park?
5. I have a question or a problem, how can I contact the division?
6. What are your business hours?
7. What is your fax number?
8. How can I make a comment on a public notice?
9. Can I make copies of permit files?
10. How can I get a CZ map?
Rules and Regulations
1. What is the Conservation Plan Boundary and why does it differ from the Coastal Zone Boundary?
2. If my project is in a fastland, why do I need a Corps permit but not an Office of Coastal Restoration & Management permit?
3. My proposed activity is not in the Coastal Zone, do I still need to send the application to the Office of Coastal Restoration and Management?
4. Has Louisiana assumed 404 responsibilities from the Corps?
5. What is a wetland?
6. Do you use the Corps’ definition of a wetland?
7. How do I get a wetland determination?
8. I have a wetland determination from the Corps that says my property is not a wetland, do I need anything else?
9. What are uses of “state” concern?
10. What gives the agency the right to regulate private property?
11. Can I get a copy of the rules and regulations?
Fees
1. What are the fees for permit application and processing?
2. What are the fees for mitigation activities?
3. What are the fees for enforcement actions?
Coordination with Other Agencies
1. When I get my permit from you, is that all I need to start working on my project?
2. In addition to the permit issued by Office of Coastal Restoration & Management - Permits, Mitigation, & Support Division, will I need to get a Corps permit?
3. In addition to the permit issued by Office of Coastal Restoration & Management - Permits, Mitigation, & Support Division, what other permits may be required?
4. If I send the application for a “Class A” permit toOffice of Coastal Restoration & Management - Permits, Mitigation, & Support Division will you forward it to State Lands?
5. Do I need to take the application to DEQ myself?
Permit Related Questions
1. How do I know what is going on with my application?
2. Do I need a permit to . . . .?
3. Can I find out if I need a permit without filing an application?
4. How does the permit process work?
5. What types of permits are there?
6. Is an application required for a General Permit?
7. How do I find out if I need a permit? How do I know which type of permit I need for an activity?
8. Why can’t I fill in all my property?
9. I have a mineral lease from the State. Do I need a permit to maintenance dredge a canal?
10. What will happen if my project does impact some wetlands on my property - do I have to pay some sort of fine?
11. How long does it take to get a permit?
The Application
1. How do I get to the application packet on your website?
2. Can we meet/can you come down and help me fill out the application?
3. How many copies of the application do I need to send in?
4. What do I need to send in with my application for it to be complete?
5. Who gets the copies of the application?
6. Can I submit a permit application to the parish instead of the state?
7. What does the Coast Guard require for marking/lighting of structures?
8. If I don’t know who the adjacent property owners are, what do I do?
9. How do I figure cubic yardage/ acreage, etc.?
10. What do you mean by I need to show the mean low and high water levels on my plats and how can I acquire this information?
11. Do I need a surveyed plat of the property?
12. What is a plan-view/cross-section view drawing?
Permit Time Limits
1. How long is my permit valid?
2. Please explain the two-year initiation period.
3. Can I get an extension for a permit after the two (2) year deadline?
4. My permit expired last year, what do I need to do to extend it?
5. I have a letter from the Office of Coastal Restoration & Management dated 3 years ago that says I don’t need a permit, but it also says that the determination is only valid for 2 years, what do I need to do?
Transferring Authorizations
1. Can I transfer an expired permit?
2. How do I transfer a permit?
Landowner Notification Affidavit
1. What is this landowner notification affidavit?
2. Does the landowner notification affidavit need to be notarized?
3. Can my agent sign the landowner notification affidavit for me?
4. I have a surface lease for this property, why do I need to notify the landowner of the proposed activity?
5. If I own the property, do I still need to submit a landowner notification affidavit?
6. How do I find out who the landowners are and then contact them?
Mitigation Related Questions
1. What is mitigation/how does it work?
2. Why must I mitigate?
3. How much will mitigation cost?
4. How are mitigation obligations assessed?
5. What is compensatory mitigation?
6. What are my compensatory mitigation options?
7. What are the location priorities when choosing a mitigation area?
8. Why can’t I make a donation to the trust fund? It’s so much cheaper than going to a mitigation area
9. How do I find a mitigation site? How do I develop a mitigation plan?
10. Why do I need a permit for mitigation?
11. What are the mitigation processing fees and how are they assessed?
12. How was the annual base mitigation cost derived?
13. How does one establish an approved mitigation bank in the Coastal Zone?
Enforcement Related Questions
1. If I start/complete a project without a permit, what will happen to me?
2. How much does a violation cost?
3. What happens if I violate permit conditions?
4. I’ve already done some clearing, did I break the law?
5. How do I report a possible violation?
Interagency Affairs Related Questions
1. Do parishes regulate oil and gas?
2. Why do parishes have advisory committees and what do they do?
3. What parishes have approved local coastal programs and when were the programs established?
4. When do the Coastal Zone Advisory Committees meet?
5. What does the Consistency Section of Interagency Affairs do?
6. Who should apply for Consistency review?
   
General Information
1. What is your mailing address?
 

Office of Coastal Restoration & Management
P. O. Box 44487
Baton Rouge, Louisiana 70804-4487

   
2. What is your physical address (for UPS, Fedex deliver)?
 

Office of Coastal Restoration & Management
617 North 3rd Street, Suite 1048
Baton Rouge, Louisiana 70802

   
3. Where is your office located?
 

Our offices are located on the 10th floor of the LaSalle Building which is on the northwest corner of the North Street and 3rd  Street intersection.  We are two blocks due south of the State Capitol.

 If you are coming in on Interstate 10 from the east or west, when you get to the I-10/I-110 split follow I-110.  Take exit 1-D, the North Street exit (it exits to the left) then go straight for approximately 6 blocks.

A map and driving directions are also available on our website at http://www.dnr.state.la.us/visitordrive.ssi 

   
4. Where can I park?
 

Parking for visitors to the LaSalle Building is provided in the State Visitors Center Parking Garage, located at the corner of Lafayette Street and North Street.  The garage is open 7:00 a.m. - 7:00 p.m. Monday through Friday.  Bring your parking ticket in for validation at either the front security desk or the Coastal Restoration Division receptionist on the 10th floor.  Please note that you will have to sign in at the security desk to enter the main part of the building.  No weapons, pocket knives, etc. will be allowed.

   
5. I have a question or a problem, how can I contact the division?
 

Please refer to the OCRM Contacts page to obtain contact information related to permitting, mitigation, interagency affairs, consistency, local programs, non-point source, or enforcement.  You may also submit you question or problem via e-mail to crdinfo@dnr.state.la.us.

   
6. What are your business hours?
  Our core business hours are 7:00 - 4:30.  If you wish to visit with a specific individual please call and make an appointment to make sure they will be in the office and available when you arrive.
   
7. What is your fax number?
 

General purpose fax: (225) 342-9439
For applications: (225) 342-6760

   
8. How can I make a comment on a public notice?
 

All comments must be in writing and submitted to Office of Coastal Restoration & Management - Permits, Mitigation, & Support Division at the addresses/fax number listed above.  Note that, to ensure your comments are received by the appropriate analyst, the analyst’s name (if known), the applicant’s name and the Coastal Use Permit number should be included in the letter.

   
9. Can I make copies of permit files?
 

Our files are available for inspection during normal business hours.  Office of Coastal Restoration & Management - Permits, Mitigation, & Support Division personnel will make any copies you wish to obtain on a staff-available basis (it may take a few days) for $0.25/page.

   
10. How can I get a CZ map?
 

CZ maps are available from our office, from our Field Investigators and from Local Program officials in those parishes with approved Local Programs (Calcasieu, Cameron, Jefferson, Lafourche, Orleans, Plaquemines, St. Bernard, St. James, St. Tammany and Terrebonne Parishes). We hope to have an on-line version of the CZ map available in the near future.

   
Rules and Regulations
1. What is the Conservation Plan Boundary and why does it differ from the Coastal Zone Boundary?
 

The Conservation Plan Boundary delineates the area in which the State has agreed to ensure that there is no net-loss of vegetated wetlands caused by development projects.  This assurance makes the state eligible for a 10% reduction in its cost-share for major coastal restoration projects.  It does NOT increase the regulatory jurisdiction of the Coastal Zone Management Program. It differs from the Coastal Zone Boundary in that it is based on an ecological determination of the interior-most limits of tidal (salt water) influence. 

The Coastal Zone Boundary is a politically defined line that delimits Coastal Management’s regulatory jurisdiction.  It typically follows political (parish) boundaries and man-made features (the Gulf Intracoastal Waterway, I-12, etc.) to make it easier for people to determine whether or not they are in the Coastal Zone.

   
2. If my project is in a fastland, why do I need a Corps permit but not an Office of Coastal Restoration & Management - Permits, Mitigation, & Support Division permit?
  The Louisiana legislature prohibited Office of Coastal Restoration & Management - Permits, Mitigation, & Support Division from regulating activities in fastlands unless the Secretary determines that the specific activity will have a “direct and significant impact on coastal waters”.  The Corps’ regulatory program is based on a different, federal law which does not contain that exemption.
   
3. My proposed activity is not in the Coastal Zone, do I still need to send the application to the Office of Coastal Restoration & Management?
 

Assuming you are certain that the proposed activity is outside the Coastal Zone, you do not need to submit anything to us unless you need a formal determination from our agency (on occasion some other regulatory entity will require a written determination from our office even though we would not normally regulate the activity).

   
4. Has Louisiana assumed 404 responsibilities from the Corps?
 

No.  While the Coastal Use Permit and 404/10 permit processes are similar, they were established under different federal laws.

   
5. What is a wetland?
  A wetland is an area that has the necessary soil characteristics and hydrology to support plant species that typically require very wet conditions to grow.
   
6. Do you use the Corps’ definition of a wetland?
 

Essentially, yes.  Both groups use the soil characteristics, hydrology and plant species of the site to determine its wetland status.  HOWEVER, it’s important to realize that Office of Coastal Restoration & Management’s regulatory program evaluates a proposed project’s impact to “coastal waters”, a broader scope than “wetlands” alone.

   
7. How do I get a wetland determination?
 

Wetland determinations/delineations are conducted by the Corps of Engineers (COE).  Please contact the COE to arrange for them to evaluate your property.  You can visit the COE’s website to view more information about how to request a wetland determination at http://www.mvn.usace.army.mil/ops/regulatory/reg_wetland_request_deter.asp

   
8. I have a wetland determination from the Corps that says my property is not a wetland, do I need anything else?
 

Yes.  While the Office of Coastal Restoration & Management’s program is heavily weighted towards minimization of impacts to vegetated wetlands, other aspects of your project might also be regulated.  If your project is in the CZ, you need to submit an application to Office of Coastal Restoration & Management - Permits, Mitigation, & Support Division and get an approval for your project before you commence work.

   
9. What are uses of “state” concern?
 

Uses of “state” concern are those regulated activities that have been specifically designated as being appropriate for permitting at the state level as opposed to being regulated by approved local programs.  Examples include activities using state or federal funds, being conducted on state waterbottoms or other state property, oil and gas projects, etc.

   
10. What gives the agency the right to regulate private property?
 

We are not regulating private property.  We regulate activities that have a direct and significant impact on state public resources.  Our authority derives from Louisiana Revised Statute 49:214.21 et seq.  To view the text of this and other legislative instruments, click here

(Please note that each section you wish to research will have to be individually entered.)

   
11. Can I get a copy of the rules and regulations?
 

If you have internet access, the fastest way to get a copy is by going to: http://www.dnr.louisiana.gov/crm/coastmgt/cup/regs.pdf
OR
Upon request we will mail you a copy.

   
Fees
1. What are the fees for permit application and processing?
 

For residential uses, the permit application fee is $20. 

The permit processing fee is based upon the cubic yardage of material dredged (which includes such things as bucket dredging, propwashing, bulldozing, etc.) or used as fill material and is assessed at the rate of $0.04/cubic yard to a maximum of $2,000 .  No processing fee is assessed if there is less than 125 cubic yards of material dredged or filled. 

For non-residential uses, the permit application fee is $100. 

The permit processing fee is based upon the cubic yardage of material dredged (which includes such things as bucket dredging, propwashing, bulldozing, etc) or used as fill material and is assessed at the rate of $0.05/cubic yard to a maximum of $5,000.  No processing fee is assessed if the use does not involve dredging or filling.  A minimum permit processing fee of $25 is assessed if the use involves dredging and/or filling of less than 500 cubic yards of material.

Note that government sponsored drainage improvement projects are not assessed permit application or permit processing fees.

   
2. What are the fees for mitigation activities?
  Mitigation processing fees vary by the acreage of vegetated wetlands impacted and range from $50 to $15,000.   The actual cost of mitigation is not included in these processing fees.
   
3. What are the fees for enforcement actions?
  There are no enforcement fees, however fines of $50 to $12,000 may be assessed based upon a formula which considers the scope of the work performed and several other factors.  Permit and mitigation processing fees may also be assessed as part of an enforcement action.
   
Coordination with Other Agencies
1. When I get my permit from you, is that all I need to start working on my project?
 

In most cases you need to wait for/already have a permit from the Corps and a building permit from the appropriate local agencies.

   
2. In addition to the permit issued by Office of Coastal Restoration & Management - Permits, Mitigation, & Support Division, will I need to get a Corps permit?
 

Yes, in most cases you will need approval from the Corps - the specific type will vary depending on your project.

   
3. In addition to the permit issued by Office of Coastal Restoration & Management - Permits, Mitigation, & Support Division, what other permits may be required?
 

If your project involves dredging or filling of wetlands you may need a Water Quality Certification from the Department of Environmental Quality (call Jamie Phillippe at 225/219-3465). 

Other approvals may be required from the State Land Office, the Department of Culture, Recreation and Tourism, the Department of Transportation and Development, the Department of Health and Hospitals and/or the Department of Wildlife and Fisheries, but those agencies will notify you of their requirements as part of the Joint Public Notice process.

It is advisable to check independently with local city/parish agencies to see if building permits or other local authorizations might be required.
   
4. If I send the application for a “Class A” permit to Office of Coastal Restoration & Management - Permits, Mitigation, & Support Division will you forward it to State Lands?
  No, Office of Coastal Restoration & Management - Permits, Mitigation, & Support Division cannot be responsible for mail intended for other entities. Applications for State Lands permits should be mailed to:
Mr. Clay Carter
State Land Office
P. O. Box 44124
Baton Rouge, Louisiana 70804-4124
   
5. Do I need to take the application to DEQ myself?
  No, Office of Coastal Restoration & Management - Permits, Mitigation, & Support Division will forward a copy of your application to DEQ at their request (they have asked us not to forward copies of all applications to them).
   
Permit Related Questions
1. How do I know what is going on with my application?
  You can track all activity related to your application in the Coastal Use Permit Application Database.  Click here to search the database.    
   
2. Do I need a permit to . . . .?
 

In general, if the proposed activity is in the Coastal Zone the safest course of action is to submit an application to Office of Coastal Restoration & Management - Permits, Mitigation, & Support Division for formal review.

We, and representatives of other state and federal agencies involved in the permit process, are available for pre-application meetings which can provide substantive guidance on what will be required and ways to ease the permit process.
   
3. Can I find out if I need a permit without filing an application?
 

Yes, you can either submit a “Solicitation of Views” (SOV) or a “Request for Determination” (RFD) without having to file a complete application.

If you submit a SOV, you will get a broad-brush opinion about whether a permit is required or not.  SOVs require only the barest of information - perhaps only the project location if you wish to know if a project is in the Coastal Zone.  However, the more information you provide the better and more complete our response will be. Application fees are waived for SOVs.   

If you submit a RFD, you will be more likely to get a more specific opinion.  RFDs require the submittal of a nearly complete application packet, though nonessential information (landowner notification affidavit, adjacent landowner list, etc.) can be omitted.  Application fees are not waived for RFDs.

If you are interested in buying a property and are concerned about utilizing it as you wish, some people have found it useful to get a wetland delineation of the property and include a clause in their purchase agreements which allows them to cancel the purchase in the event appropriate permits cannot be obtained in a reasonable amount of time
   
4. How does the permit process work?
  In general, an application is submitted which details the location and scope of the proposed work.  Office of Coastal Restoration & Management - Permits, Mitigation, & Support Division, which serves as a central collection point for the applications, distributes the applications to interested parties for their review and comment.  Office of Coastal Restoration & Management - Permits, Mitigation, & Support Division and the commenting agencies review the application for conformance with programmatic requirements and look for ways of minimizing impacts to coastal resources (e.g., vegetated wetlands, bird rookeries, endangered species, etc.).  If necessary, negotiations are entered into to find locations, technologies or methods of implementing the project which will accommodate the needs of the permit applicant while conforming with the mandates of the various state and federal agencies.  Once consensus is reached an appropriately conditioned permit is issued.
   
5. What types of permits are there?
 

Office of Coastal Restoration & Management - Permits, Mitigation, & Support Division issues three types of authorizations: determinations that the activity is exempt or has No Direct and Significant Impact on coastal waters (NDSI), General Permits (click here to review more information about General Permits), and individual Coastal Use Permits.

   
6. Is an application required for a General Permit?
 

A General Permit is a type of Coastal Use Permit.  It is necessary to submit a complete application packet to obtain a GP authorization.  Copies of the current General Permits are available on the internet.  Click here to view the current General Permits.

   
7. How do I find out if I need a permit? How do I know which type of permit I need for an activity?
  The need for a permit can be determined by submitting an SOV, RFD or permit application as discussed above.  Office of Coastal Restoration & Management - Permits, Mitigation, & Support Division will determine the type of permit required based on the information you submit to us - don’t worry about trying to make the determination yourself.
   
8. Why can’t I fill in all my property?
  Both the state and federal laws governing wetland development require that wetlands be conserved to the maximum extent practicable.  If you can demonstrate that there is a reasonable need for the use you propose, that there are no other non-wetland or less damaging sites available, and that the entire property is required to fulfill the use, you may be allowed to fill the property in its entirety.
   
9. I have a mineral lease from the State. Do I need a permit to maintenance dredge a canal?
 

Yes, though the original permit for the canal may allow you to maintain it without the need for additional permits - we’ll need to check the old permit(s) and see exactly what was and was not allowed.

   
10. What will happen if my project does impact some wetlands on my property - do I have to pay some sort of fine?
 

First you will have to demonstrate that there is a need to impact the wetlands and that there are no feasible alternatives available (such as reducing the scope of your project or changing its configuration).  If those hurdles are met, you will have to mitigate for any remaining impacts to vegetated wetlands. 

In order to complete the mitigation requirements, you need to either develop an individual mitigation project or, in some cases, buy credits at an approved mitigation bank or area.  Be aware that buying mitigation credits can be very expensive.  For a number of reasons (ease of permitting, maintenance obligations, etc.), buying credits is usually the most feasible option if it’s an available to you.
   
11. How long does it take to get a permit?
  Exemptions and NDSI determinations are typically out in 7 - 10 days.  If interagency coordination is required, that time frame might be expanded.  General permits CAN be issued in as little as 5 days, though mitigation and landowner notification requirements typically add several weeks or more to that.  Individual Coastal Use Permits take a minimum of 45 days and can take considerably longer, depending on the complexity of the project.
   
The Application
1. How do I get to the application packet on your website?
 

The application form, instructions and checklist are available for download at the following web page:  http://dnr.louisiana.gov/crm/coastmgt/cup/cup.asp

Application packets are available from our office, from our Field Investigators and from Local Program officials in those parishes with approved Local Programs (Calcasieu, Cameron, Jefferson, Lafourche, Orleans, Plaquemines, St. Bernard, St. James, St. Tammany and Terrebonne Parishes). Application packets are also available at the Corps of Engineers office in New Orleans.
   
2. Can we meet/can you come down and help me fill out the application?
  Yes.  Someone from our office will be happy to meet with you either at our offices or at your home or business to assist you with the application.  Office of Coastal Restoration & Management - Permits, Mitigation, & Support Division personnel CANNOT fill out the application for you or draw or revise your plats.  We can, however, discuss with you the information that needs to be provided.  If you are in a parish with an approved local program, their staff members are also available to help you.
   
3. How many copies of the application do I need to send in?
 

If you are submitting your application by mail or express service, please provide eight (8) copies of your application.  Your application will not be rejected if the appropriate number of copies is not submitted, but processing might be delayed for a day or so until staff becomes available to make the copies.  If you are faxing your application, one (1) copy will suffice.

   
4. What do I need to send in with my application for it to be complete?
 

The application checklist found on the internet at:
http://dnr.louisiana.gov/crm/coastmgt/cup/checklist.pdf

This site provides you with a comprehensive list of the basic information/materials required to get the permit review process started.  Submittal information includes but is not limited to: an application-fee check, a completed application form, a vicinity map, a detailed plan view, a detailed cross-section view and a landowner notification affidavit will get you started.  Additional information, such as a justification and needs assessment, alternatives analysis, mitigation proposal, etc., may be required during processing depending on the specific nature and location of your project.
   
5. Who gets the copies of the application?
  Office of Coastal Restoration & Management - Permits, Mitigation, & Support Division keeps two copies (one original for future reference and one “working” copy), our Local Programs Section gets one copy if the project is in a parish with an approved Local Program (to expedite coordination with the parish’s Local Program, which will also get a copy), our Support Services staff gets one copy (to digitize the project into our database), the appropriate CMD Field Investigator gets one copy (to see if a field investigation is likely to be required), the Corps of Engineers gets two copies and  a copy goes to the State Land Office.
   
6. Can I submit a permit application to the parish instead of the state?
  Yes, if your project is located in a parish with an approved Local Coastal Program (Calcasieu, Cameron, Jefferson, Lafourche, Orleans, Plaquemines, St. Bernard, St. James, St. Tammany or Terrebonne) you may submit your application to either the approved local program or the state office.
   
7. What does the Coast Guard require for marking/lighting of structures?
  As these requirements are subject to change, please contact your local Coast Guard station to obtain the most current information.
   
8. If I don’t know who the adjacent property owners are, what do I do?
 

In many cases your local parish officials should be able to help you by going over tax roles, utility bill records, etc.  It may be necessary to visit with the Clerk of Court to go over property transfer records.

   
9. How do I figure cubic yardage/ acreage, etc.?
 

To calculate cubic yards: multiply the length by the width by the depth (in feet) of the area to be dredged or filled and divide by 27.

To calculate acreage: multiply the length by the width (in feet) of the site and divide by 43,560.

   
10. What do you mean by I need to show the mean low and high water levels on my plats and how can I acquire this information?
 

Water depths are needed in our evaluation of whether dredging, propwashing, etc. might be needed to access a location.  Mean low and mean high water levels help us in that determination.  Additionally, this information is critical for activities located along shorelines to determine whether state waterbottoms will be impacted by the project.

For smaller, non-commercial projects - bulkheads, piers, etc. - the applicant is generally familiar enough with the property to give a pretty good indication of where the “average” low and high water lines are without needing outside help - we don’t need scientific accuracy just a good indication based on their experiences.  For larger projects, commercial activities or when the applicant does not have a good idea of local conditions the Corps of Engineers (COE) can provide tidal data from the closest water level monitoring gauge.  The COE can be reached at (504) 862-2255.
   
11. Do I need a surveyed plat of the property?
 

In most cases surveyed plats are not required; however, the plats that are submitted need to be clear, legible, and reproducible.  The plats also need to accurately represent the current conditions of the site and what is proposed.  We also require the latitude and longitude and the section, township and range of the proposed activity.  Both are required for commercial activities, either is acceptable for noncommercial activities.

   
12. What is a plan-view/cross-section view drawing?
 

A “plan view” shows the layout of the proposed project from an overhead perspective - like you’re looking down on it from an airplane. 

A “cross-section view” shows how the project looks from the side- including dimensions.
   
Permit Time Limits
1. How long is my permit valid?
 

In most cases (there are some exceptions) you must commence work on your project within 2 years of the date of permit issuance.  The initiation period can be extended for an additional 2 years if you submit a request to us no less than 60 and no more than 180 days before the initial 2 year period expires.  If you miss those deadlines you will not be able to extend the initiation period

In any event, the permit will expire 5 years from the date it was originally issued.  There is no provision in our regulations which will allow us to extend that expiration date.  Any work not completed by the expiration date and, generally (again, there are some exceptions), any future maintenance will require that a new application be submitted and a new permit issued before it is conducted.

Note that General Permit and NDSI authorizations are valid for 2 years and cannot be extended.

   
2. Please explain the two-year initiation period.
  In most cases (there are some exceptions) you must commence work on your project within 2 years of the date of permit issuance.
   
3. Can I get an extension for a permit after the two (2) year deadline?
  The initiation period can be extended for an additional 2 years if you submit a request to us no less than 60 and no more than 180 days before the initial 2 year period expires.  If you miss those deadlines you will not be able to extend the initiation period.
   
4. My permit expired last year, what do I need to do to extend it?
  You must submit a new application for any uncompleted work.
   
5. I have a letter from the Office of Coastal Restoration & Management dated 3 years ago that says I don’t need a permit, but it also says that the determination is only valid for 2 years, what do I need to do?
  You must submit a new application for any uncompleted work.
   
Transferring Authorizations
1. Can I transfer an expired permit?
 

Yes.  Be aware that

1) Expiration of a permit does not eliminate the need to comply with all permit conditions (especially as it relates to mitigation and the maintenance of mitigation)

2) Any additional work, maintenance, or completion of unfinished components will require a new permit.
   
2. How do I transfer a permit?
 

A permit transfer form and instructions are available on the internet at: http://dnr.louisiana.gov/crm/coastmgt/cup/transfer.pdf

If you don’t have internet access please contact us at 1-800-267-4019, and we can send you a copy via mail.
   
Landowner Notification Affidavit
1. What is this landowner notification affidavit?
  The landowner notification affidavit is a legislatively mandated statement (R.S. 49:214.30.C.2.a.) that you have sent a copy of the application packet to the landowner(s) of the property on which the project is located.
   
2. Does the landowner notification affidavit need to be notarized?
 

No.

   
3. Can my agent sign the landowner notification affidavit for me?
 

Yes, if you have appointed an agent by filling out blocks 8 - 10 of the application form and signed the “Statement of Authorization” in block 11.

   
4. I have a surface lease for this property, why do I need to notify the landowner of the proposed activity?
 

The state law that mandates submittal of a landowner notification affidavit (R.S. 49:214.30.C.2.a.) contains no provision to exempt lease holders from the law.

   
5. If I own the property, do I still need to submit a landowner notification affidavit?
 

Yes.

   
6. How do I find out who the landowners are and then contact them?
  In many cases your local parish officials should be able to help you by going over tax roles, utility bill records, etc.  It may be necessary to visit with the Clerk of Court to go over property transfer records.
   
Mitigation Related Questions
1. What is mitigation/how does it work?
  Mitigation consists of those activities that are taken to offset the unavoidable loss of vegetated wetlands.  Typically an applicant must create, restore or enhance a wetland area of sufficient size to replace the habitat values (note, we look at habitat value NOT acreage) lost as a result of the implementation of his project.
   
2. Why must I mitigate?
 

State law (La. R.S. 49:214.41) requires Office of Coastal Restoration & Management to obtain adequate mitigation for any impacts to vegetated wetlands.

   
3. How much will mitigation cost?
  The mitigation cost will vary depending on 1) the location, size and habitat type impacted and 2) the type of mitigation being done (individual project or purchase of credits from an approved mitigation bank or mitigation area).
   
4. How are mitigation obligations assessed?
  Generally mitigation obligations are not assessed on an acre for acre basis.  Unavoidable net losses to wetland ecological value resulting from a project are quantified as habitat units using the appropriate Wetland Value Assessment (WVA) model.  Net gains in habitat units resulting from a compensatory mitigation action must equal the habitat units lost.
   
5. What is compensatory mitigation?
  Compensatory mitigation is the replacement, substitution, enhancement, or protection of ecological values to offset anticipated losses of ecological value caused by a permitted activity.  The secretary will consider recommendations of state and federal agencies and parishes with approved local programs when selecting compensatory mitigation.
   
6. What are my compensatory mitigation options?
 
  • • Office of Coastal Restoration & Management- Permits, Mitigation, & Support Division approved mitigation bank/area credits
  • Advanced mitigation credits
  • Implementation of individual mitigation measure
  • Monetary contribution to the affected landowner or affected parish (with an approved Local Parish Program) to implement an approved compensatory mitigation plan and/or to the Louisiana Wetlands Conservation and Restoration Fund
  • Other options determined to be appropriate by the secretary which fully compensate for lost habitat values
   
7. What are the location priorities when choosing a mitigation area?
 
  • Mitigation must have positive impact on ecological value of the Louisiana Coastal Zone
  • Should be on-site if possible
  • Located on the affected landowner’s property (La. R.S. 49:214.41)
  • Located within the same hydrologic basin
  • In order of preference
    • Same habitat type
    • Produce similar ecological values to those impacted
    • Contribute to the overall wetland health of the hydrologic basin despite being in a different habitat type
   
8. Why can’t I make a donation to the trust fund? It’s so much cheaper than going to a mitigation area
  State law (La. R.S. 49:214.42) allows us to accept a contribution to the Coastal Mitigation Account “only when a permittee is unable to provide mitigation through an individual project or through a mitigation bank or area located within the Louisiana Coastal Zone.”
   
9. How do I find a mitigation site? How do I develop a mitigation plan?
 

The first place to start with both of these questions is to coordinate with the landowner.  He may have habitat enhancement projects nearby which could be used.  If not, the Local Coastal Program contact or his equivalent in parishes without approved local programs is a valuable source of information and assistance.  In addition, Office of Coastal Restoration & Management- Permits, Mitigation, & Support Division and the Corps both maintain databases of approved mitigation areas and mitigation banks from which credits can be purchased. 

Note that it might not be possible to use a mitigation area or mitigation bank, depending on the type and location of the habitat impacted.
   
10. Why do I need a permit for mitigation?
  Public/interagency review of the mitigation project is required to ensure that it will not have unanticipated impacts on other coastal users or coastal resources.  We could do the notice prior to the issuance of a permit for the impacting activity and include the approved mitigation project as a component of that permit.  Handling the mitigation as a separate permit; however, allows us to authorize the impact permit so the applicant can get started on his project while the details of the mitigation proposal are resolved.
   
11. What are the mitigation processing fees and how are they assessed?
  The mitigation processing fees are based on the acreage of vegetated wetlands impacted and range from $50 (non-commercial activity, <1 acre impacted) to $15,000 (>100 acres impacted).
   
12. How was the annual base mitigation cost derived?
  The annual base mitigation cost is based on example projects (the first few years of proposed CWPPRA projects) which could feasibly be constructed within each habitat type.
   
13. How does one establish an approved mitigation bank in the Coastal Zone?
  A prospective mitigation bank sponsor is advised to consult with the OCM and the USACE regarding his wishes to establish a mitigation bank in the Coastal Zone prior to submitting formal documents. This consultation may consist of a telephone call and/or written correspondence briefly explaining the bank proposal and providing a location map. The prospective sponsor will prepare a mitigation bank prospectus to be submitted to OCM and the USACE. The information provided in the prospectus will serve as the basis for establishing the mitigation banking instrument. The prospectus will be provided to the Interagency Review Team (IRT) co-chaired by the OCM and the USACE. Based on the information provided in the prospectus, the site visit findings, and IRT discussions, the IRT may recommend modifications to the bank proposal. If the bank proposal is deemed acceptable, the sponsor and/or the IRT will develop a mitigation banking instrument for IRT approval and signature.
   
Enforcement Related Questions
1. If I start/complete a project without a permit, what will happen to me?
 

Processing of any permit application you have pending for the project will be suspended until the violation is resolved.  You may be required to remove any structures installed and restore any impacted habitat.  You may be subject to fines of up to $12,000 and may be put in jail for up to 6 months.  And that’s just the state’s side; resolution of any section 404/10 violations with the Corps can be significantly more expensive and more complicated.

   
2. How much does a violation cost?
 

Fines can range from $50 to $12,000.  Normal permit processing and mitigation fees may also be applied.  There may be additional fines applied by the Corps due to any section 404/10 violations.

   
3. What happens if I violate permit conditions?
 

You may be required to remove any structures installed and restore any impacted habitat that exceeds the permitted scope of the project.  You may be subject to fines of up to $12,000 and may be put in jail for up to 6 months.  And that’s just the state’s side; resolution of any section 404/10 violations with the Corps can be significantly more expensive and more complicated.

   
4. I’ve already done some clearing, did I break the law?
 

A representative from LDNR will perform a field investigation and project evaluation in order to determine the extent of any impacts and if you have violated any laws.

   
5. How do I report a possible violation?
  Call Karl Morgan (225/342-6470).
   
Interagency Affairs Related Questions
1. Do parishes regulate oil and gas?
  No.  Parishes are expressly prohibited from regulating oil and gas through their approved local coastal programs.  Many, however, have other parish ordinances by which they regulate certain aspects of the oil and gas business.
   
2. Why do parishes have advisory committees and what do they do?
  Parish Local Coastal Programs may have advisory committees, but they are not required to.  Parishes have advisory committees for numerous reasons including a method to obtain and to provide for citizen input to proposed activities which might impact their coastal zone, provide their elected officials with advice from their constituents on issues of concern relative to coastal matters, provide a venue for comment on activities that are uses of state concern, etc.
   
3. What parishes have approved local coastal programs and when were the programs established?
  There are currently ten parishes with approved local coastal programs.  These include:
  • Calcasieu
  • Cameron
  • Jefferson
  • Lafourche
  • Plaquemines
  • St. Bernard
  • St. James
  • Terrebonne
  • St. Tammany
  • Orleans

For dates of approval see the chart for the question about when CZM committees meet. I/A staff regularly send out updates on parish contacts for all nineteen parishes.  These updates include names and addresses as well as phone and fax numbers.  E-mail addresses are provided for those for whom we have that info.  In addition information regarding these contacts as well as information on parish environmental management units and their goals, policies and objectives is available on the CMD web site: http://dnr.louisiana.gov/crm/coastmgt/interagencyaff/lcp/lcp.asp
   
4. When do the Coastal Zone Advisory Committees meet?
 

Coastal Parish Advisory Committee Information*

*Please note that this schedule is subject to change.  Click here for the most current information.

 

Parish

 

Date of Program
Approval

 

Advisory Committee
(Yes or No)

 

Number of
Committee
Members

 

Parish Council/Police Jury

 

Committee Meeting Day
and Time

 

Assumption

 

No LCP

 

 

 

2nd and 4th Wednesdays
6:00

 

 

Calcasieu *

 

Jan 1987

 

Yes

 

11

 

1st and 3rd Thursdays

 

3rd Tuesday
5:30

 

Cameron

 

Jan 1988

 

Yes

 

17

 

1st Monday
5:30

 

TBA

 

Iberia

 

No LCP

 

 

 

 

1st, 2nd and 4th Wednesdays
6:00

 

 

Jefferson

 

Jan  4,1985

 

No

 

 

Random Wednesdays

 

-

 

Lafourche

 

Jan 8, 1985

 

Yes

 

9

 

2nd and 4th Tuesdays

 

3rd Tuesday
6:30

 

Livingston

 

No LCP

 

 

 

2nd and 4th Thursdays
6:00

 

 

Orleans

 

July 8, 1985

 

Yes
(unofficial)

 

varies

 

1st and 3rd Thursdays

 

varies

 

Plaquemines

 

Feb 8, 2001

 

Yes

 

11

 

2nd and 4th Thursdays

 

3rd Wednesday Usually
6:30

 

St. Bernard

 

Aug 28, 1987

 

Yes

 

24

 

1st and 3rd Tueday
7:00; 4:30

 

Last Wed
5:00

 

St. Charles

 

No LCP

 

Yes

 

7

 

1st and 3rd Mondays
6:00

 

Last Thursday
7:00

 

St. James

 

Oct 16, 1987

 

Yes

 

9

 

1st and 3rd Wednesdays

 

Last Wednesday
5:00

 

St. John

 

No LCP

 

 

 

2nd and 4th Tuesdays
6:30

 

 

St. Martin

 

No LCP

 

 

 

1st and 3rd Tuesdays
5:00
4:30

 

 

St. Mary

 

No LCP

 

 

 

2nd and 4th Wednesdays
5:30

 

 

St. Tammany

 

June 18, 1992

 

No

 

 

1st Thursday

 

 

Tangipahoa

 

No LCP

 

 

 

2nd and 4th Mondays
6:00

 

 

Terrebonne

 

Jan 05, 2001

 

Yes

 

9

 

2nd and 4th Wednesdays

 

1st Tuesday
5:30

 

Vermilion

 

No LCP

 

Yes
Environmental Committee

 

 

1st and 3rd Mondays
6:00

 

 

   
5. What does the Consistency Section of Interagency Affairs do?
 

The Consistency Section is responsible for regulating federal and private projects, in order to protect wetlands and other sensitive coastal features, under the Coastal Zone Management Act and Louisiana’s State and Local Coastal Resources Management Act.

The Consistency Section reviews applications for federal activities and certain types of private projects that are exempt from Coastal Use Permits.  This review process is to ensure that these activities maintain consistency with the Louisiana Coastal Resources Program.
   
6. Who should apply for Consistency review?
 
  • Federal agencies, whose activities (including new policies or regulations) may affect the land use, water use, or natural resources of the Coastal Zone
  • Private individuals or companies with activities on federal property (whether owned outright or controlled by the federal government), such as National Wildlife Refuges
  • Anyone whose activities are exempt from the Coastal Use Permits by State law (projects within fastlands or more than five feet above sea level, deep water ports, etc.)
  • Parish or local governments receiving federal grants or loans, such as HUD Block Grants
  • Oil and gas exploration and production on the Outer Continental Shelf
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