La. Admin. Code tit. 43 § I-729

Current through Register Vol. 50, No. 5, May 20, 2024

Section I-729 - Special Areas

A. General. This Section shall establish procedures for the designation, utilization and management of special areas and for establishing guidelines and priorities of uses for each area.

B. Nominations

1. An area may be nominated for designation as a special area by any person, local government, state agency, or the secretary.

2. Areas may be nominated for any of the purposes set forth in §214.27 of the Act, or for similar purposes, provided that such areas:

a. are in the coastal zone;

b. have unique and valuable characteristics;

c. require special management procedures different from the normal coastal management process; and

d. are to be managed for a purpose of regional, state, or national importance.

3. Nominations shall consist of:

a. a statement regarding the area nominated, including, for example, its unique and valuable characteristics, its existing uses, the environmental setting, its history, and the surrounding area;

b. a statement of the reasons for the nomination, such as any problems needing correction, anticipated results, need for special management, and need for protection or development;

c. a statement of the social, economic, and environmental impacts of the nomination;

d. a map showing the area nominated;

e. a statement as to why the area nominated was delineated as proposed and not greater or lesser in size or not in another location;

f. proposed guidelines and procedures for management of the area, including priorities of uses;

g. an explanation of how and why the proposed management program would achieve the desired results;

h. a statement as to how and why the designation of the area would be consistent with the state coastal management program and any affected local programs; and

i. a statement as to why and how the designation would be in the best interest of the state.

C. Administrative Review

1. The secretary shall review proposals for their suitability and consistency with the coastal management program.

2. If he finds that a proposal is suitable and consistent with the coastal management program, the secretary may, with the advice and assistance of affected local programs, prepare a draft "Proposal for a Special Area." The proposal shall consist of the delineation of the area to be designated, the guidelines and procedures for management, and priorities of uses.

3. Public notice announcing a public hearing on the proposal shall be given and published in a newspaper of general circulation in the affected parishes. Copies of the proposal may be obtained from the secretary upon request and copies shall be made available for public review at the offices of the secretary, offices of local programs, and at public libraries in affected parishes. Notice and copies of the proposals shall be sent to appropriate governmental bodies.

4. After the public hearing and consideration of all comments received at or before the hearings, the secretary shall determine whether to designate the area proposed, or a part of it or an approximately similar area, and adopt the guidelines and procedures for management and priorities of uses. Public notice of the secretary's decision shall be given.

D. Gubernatorial Establishment. The governor may designate special areas and establish the guidelines and procedures for management and priorities of uses applicable in such areas.

E. Establishment of Special Area. If the state coastal zone program has not yet received federal approval, the special area designation and its management program shall go into effect upon the order of the governor. If the coastal zone program has been federally approved, the special area designation and its management program shall go into effect after federal approval of the special area as an element or amendment of the state's coastal zone program.

La. Admin. Code tit. 43, § I-729

Promulgated by the Department of Natural Resources, Office of the Secretary, LR 6:493 (August 1980).

AUTHORITY NOTE: Promulgated in accordance with R.S. 49:214.30.