La. Admin. Code tit. 56 § III-709

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

Section III-709 - Permitting

A. Application for Permit. Written approval for construction from the DOTD will be required prior to constructing any new impoundment structure or commencing any structural modifications to existing impoundment structures. Permit forms may be obtained from the Director, *Public Works and Flood Control Directorate, Louisiana Department of Transportation and Development, Box 94245, Baton Rouge, LA, 70804-9245. The permitting process is intended to ensure that new structures and modifications to existing structures are designed and constructed in accordance with the requirements documented herein. (See §733, Appendix 3.)

B. National Resources Conservation Service (NRCS), formally called Soil Conservation Service (SCS). The approval process may be abbreviated if dams meet the requirements of "Pond Standard 378" of the National Resources Conservation Service National Handbook for Conservation Practices and the National Resources Conservation Service's engineering staff provides the design, layout, and construction inspection. In this case, the National Resources Conservation Service will certify that the dam design and construction meets the requirements of "Pond Standard 378" and they will provide the DOTD with the Pond Data Sheet, a map showing the location of the pond, and a letter signed by the owner of the dam (See §735, Appendix 4). The National Resources Conservation Service will agree to periodically inspect the structure to ensure that "Pond Standard 378" is being maintained, and to inform the DOTD if the structure ever falls below "Pond Standard 378."

C. Public Hearings. After an application has been filed and accepted, the public in the affected locale will be notified by publication in the local news publication. The Director of Public Works and Flood Control will prepare a notice, assigning a date and place for a public hearing of the application. The notice will contain information describing the application and the name and address of the applicant (See §737, Appendix 5). It will be the applicant's responsibility to have the notice published once a week for two consecutive weeks in the official journal of the parish in which the project will be constructed, and shall provide notarized proof of publication on or before the hearing date. The applicant will bear the cost of the publication. The DOTD will conduct the public hearing, and the applicant will be required to attend to describe the nature and purpose of the proposed project and to answer questions.

D. Issuance of a Permit. An "Impoundment Permit/Certificate of Completion" shall be issued for all dams, both existing and new construction. The "Impoundment Permit/Certificate of Completion" is not transferable. The owner of a dam must notify the DOTD 30 days prior to transferring ownership of the dam, and must return the "Impoundment Permit/Certificate of Completion" to the DOTD.

E. Failure to Obtain Approval. If, prior to beginning construction, the owner fails to obtain approval, the owner will be cited and fined under the statutory authority of R.S.38:28. Also, the lake may be ordered to be drained until all approvals have been obtained.

La. Admin. Code tit. 56, § III-709

Promulgated by the Department of Transportation and Development, Office of Public Works, LR 22:1236 (December 1985), repromulgated by the Department of Transportation and Development, Office of Public Works, LR 31:942 (April 2005).

AUTHORITY NOTE: Promulgated in accordance with R.S. 38:24.