La. Admin. Code tit. 76 § IX-103

Current through Register Vol. 50, No. 9, September 20, 2024
Section IX-103 - Definitions

Act- the Louisiana Scenic Rivers Act, Acts 1988, No. 947, Section 1, effective July 27, 1988, or R.S. 56:1840 et seq.

Administrator- the Secretary of the Department of Wildlife and Fisheries.

Channel Realignment- the practice by which dredging, ditching, or other means are used to shorten or reroute the natural stream course.

Channelization- the practice of changing a natural stream, or segment thereof, into a man-made ditch or canal with channels of a relatively uniform width and depth usually necessitating the removal of trees and other woody vegetation adjacent to the stream and constructed for the purpose of accelerating water runoff.

Clearing and Snagging- the practice of removing most obstructions, trees, snags and other impediments that retard the natural stream flow.

Historic and Scenic River- a river, stream, or bayou or segment thereof that has been designated by the legislature as part of the Louisiana Historic and Scenic River System.

Natural and Scenic River- a river, stream, or bayou or segment thereof that has been designated by the legislature as part of the Louisiana Natural and Scenic Rivers System.

Normal Activities- those activities on lands that do not directly and significantly degrade the ecological integrity of a natural and scenic river.

Person- an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, receiver, tutor, curator, executor, administrator, fiduciary, organization or representative of any kind, the United States Government, Federal agency, the State of Louisiana, state agency, municipality, commission, political subdivision, local governing authority or special subdivision of the State of Louisiana.

Pollutant- any substance in concentrations which tend to degrade the chemical, physical, biological, or radiological integrity or quality of the water in a river.

Reservoir Construction- any permanent dam or impoundment which alters the shoreline of a river in the system.

River- includes rivers, streams, bayous and segments thereof and their waters, and generally those bodies of water having the characteristics of being confined within a distinct, longitudinal channel which is defined by continuous or interrupted banks and which exhibits a width to length ratio of less than one (W/L < 1).

Scenic Servitude- a contract between the adjacent riparian landowner and the administrator that shall be in the nature of a development agreement for the purpose of preserving the natural state of the landscape through mutual agreement on the activities which might affect the natural landscape.

Selective Harvesting- the removal of trees, either as single scattered individuals or in small groups at relatively short intervals resulting in openings generally less in width than twice the height of the dominant trees. Repeated indefinitely, selective harvesting ensures the continuous establishment of reproduction, and an uneven aged stand adequate to encourage and maintain stream shading and stream and stream bank integrity.

Surface Servitude- a contract between the stream owner and the administrator that shall relieve the landowner of liabilities and assure the public of access and use of the stream surface.

System- all natural and scenic rivers and all historic and scenic rivers.

La. Admin. Code tit. 76, § IX-103

Promulgated by the Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 2:456 (December 1976), amended by the Department of Wildlife and Fisheries, Office of the Secretary, LR 17:680 (July 1991).
AUTHORITY NOTE: Promulgated in accordance with R.S. 56:1842.