La. Admin. Code tit. 43 § XV-3119

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-3119 - Permit Approval or Denial Actions

A. The office shall approve, require modification of, or deny all applications for permits under regulatory programs on the basis of:

1. complete applications for permits and revisions or renewals thereof;

2. public participation as provided for in this Subpart;

3. compliance with any applicable provisions of Chapter 29;

4. processing and review of applications as required by this Chapter.

B. The office shall take action as required under §3119 A, within the following times.

1. Except as provided for in §3119. B 2, a complete application submitted to the office shall be processed by the office, so that an application is approved or denied within the following times:

a. if an informal conference has been held under §3109, within 60 days of the close of the conference; or

b. if no informal conference has been held under §3109, then within 30 days after the receipt by the office of all comments or objections to the permit. The office may allow additional time for processing, taking into account:

i. the time needed for proper investigation of the proposed permit and adjacent areas;

ii. the complexity of the application; and

iii. whether written objections to or comments on the complete application have been filed with the office.

2. Notwithstanding any of the foregoing provisions of this Section, no time limit under the Act or this Section requiring the office to act shall be considered expired from the time the office initiates a proceeding under §3113. D until the final decision of the hearing body.

C. If an informal conference is held under §3109, the office shall give its written findings to the permit applicant and to each person who is a party to the conference, approving, modifying or denying the application in whole, or in part, and stating the specific reasons therefor in the decision.

D. If no such informal conference has been held, the office shall give its written findings to the permit applicant approving, modifying or denying the application in whole, or in part, and stating the specific reasons in the decision.

E. Simultaneously, the office shall:

1. give a copy of its decision to each person and government official who filed a written objection or comment with respect to the application, and to the local OSMRE office together with a copy of any permit issued;

2. publish a summary of its decision in a newspaper or similar periodical of general circulation in the general area of the proposed operation.

F. Within 10 days after the granting of a permit, including the filing of the performance bond or other equivalent guarantee which complies with Subpart 4, the office shall notify the local government officials, in the local political subdivision in which the area of land to be affected is located, that a permit has been issued and shall describe the location of the lands within the permit area.

La. Admin. Code tit. 43, § XV-3119

Promulgated by the Department of Natural Resources, Office of Conservation, LR 5:395 (December 1979), amended LR 6:177 (May 1980), LR 14:441 (July 1988), LR 20:447 (April 1994).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.