Terms Used In Louisiana Revised Statutes 49:214.33

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Program: means a management strategy with procedures, projects, schedules, operations, and related activities to achieve a stated goal or objective. See Louisiana Revised Statutes 49:214.2

            A. This Section is intended to expedite and streamline the processing of issuing coastal use permits and of obtaining all other concurrently required permits or approvals from other governmental bodies having separate regulatory jurisdiction or authority over uses of the coastal zone without impinging on the regulatory jurisdiction or authority of such other governmental bodies.

            B. To implement this intent, within one year of the effective date of this Subpart, the secretary, local governments, and all other relevant governmental bodies having regulatory jurisdiction or authority over uses of the coastal zone shall, in cooperation with one another and under the direction of the governor, establish a coordinated coastal permitting process by means of binding interagency agreements wherein:

            (1) One application form serves as the application form for all required permits or approvals from all governmental bodies taking part in the coordinated coastal permitting process.

            (2) The application contains sufficient information so that all necessary reviews by all affected governmental bodies can be expeditiously carried out.

            (3) A “one window” system for applications is established, with copies of the application being transmitted to all governmental bodies taking part in the coordinated coastal permitting process.

            (4) Only one public hearing, if any, need be held on the application. Any public hearing held shall be deemed to serve for all governmental bodies taking part in the coordinated coastal permitting process.

            (5) The shortest practicable period for review of applications by all governmental bodies taking part in the coordinated coastal permitting process insofar as the application pertains to the regulatory jurisdiction or authority of such governmental body, is provided for.

NOTE: Paragraph (B)(6) eff. until Jan. 10, 2024. See Acts 2023, No. 150.

            (6) The coordinated coastal permitting process shall not affect the powers, duties, or functions of any governmental body, particularly the Department of Wildlife and Fisheries and the office of conservation in the Department of Natural Resources.

NOTE: Paragraph (B)(6) as amended by Acts 2023, No. 150, eff. Jan. 10, 2024.

            (6) The coordinated coastal permitting process shall not affect the powers, duties, or functions of any governmental body, particularly the Department of Wildlife and Fisheries and the office of conservation in the Department of Energy and Natural Resources.

            (7) If practicable, a joint permitting process with federal agencies issuing permits shall be established incorporating the coordinated coastal permitting process. Nor shall any other permit review or approval that, in the discretion of the secretary, would be inappropriate for inclusion in a unified permit.

            C. Provided that local zoning, subdivision, building, health, and other similar permits, reviewing, or approvals which are not part of an approved local program shall not be included within the unified permitting program; nor shall any other permit review or approval which, in the discretion of the secretary, would be inappropriate for inclusion in a unified permit.

            D. Prior to the implementation of the unified coastal permitting program, the secretary is authorized to develop interim interagency agreements with the respective governmental bodies to coordinate permit handling, decision making, and appeal procedures.

            E. After such process is established as provided in this Section, the secretary shall administer and implement and may modify such process in accordance with the provisions of this Section.

            Acts 1978, No. 361, §1, eff. Jan. 1, 1979. Acts 1983, No. 705, §4, eff. Sept. 1, 1983; Acts 2023, No. 150, §20, eff. Jan. 10, 2024.