§214.28.  Local coastal management programs

A.  Local governments may develop local coastal management programs in accordance with the provisions of this Section.  

B.  The secretary shall adopt, after notice and public hearing, rules and procedures for the development, approval, modification, and periodic review of local coastal management programs.  Such rules and procedures may subsequently be amended by the secretary.  

C.  The rules and procedures adopted pursuant to this Section shall be consistent with the state guidelines and shall provide particularly, but not exclusively, that:

(1)  Local governments, in developing local programs, shall afford full opportunity for municipalities, state and local government bodies, and the general public to participate in the development and implementation of the local program.  

(2)  A public hearing to receive comments on a proposed local program shall be held in the area to be subject to the program by the local government proposing the program or its duly appointed local committee.

(3)  A local program developed under this Section shall be consistent with the state guidelines and with the policies and objectives of this Subpart and shall particularly, but not exclusively, consist of:

(a)  A description of the natural resources and the natural resource users of the coastal zone area within the parish, the social and economic needs within particular areas of the coastal zone of the parish, and the general order or priority in which those needs which directly and significantly affect coastal waters should be met within the coastal zone of the parish.  

(b)  Procedures to be used by the local government to regulate uses of local concern.  

(c)  Special procedures and methods for considering uses within special areas, uses of greater than local benefit, and uses affecting the state and national interest.  

(4)  Each local government preparing a local program under this Section may appoint a coastal advisory committee, hereinafter called "local committee".  The local committee shall be composed of a reasonable number of persons who represent users of coastal resources and shall include representation of users concerned with conservation and preservation of renewable coastal resources and users concerned with development of resources for commercial purposes.  The local committee shall assist local government in the development and implementation of a local program and in the development of special management programs affecting special areas.  The local committee may report progress or problems in the implementation of the state and local programs and may convey ideas and suggestions to the local governments and the secretary.  

(5)  Local programs shall be submitted to the secretary for review and may be submitted after promulgation of the state guidelines and the rules adopted pursuant to this Section.  

D.  In approving a local program, the secretary, acting jointly with the secretary of the Department of Wildlife and Fisheries or his designee, may make reasonable interpretations of the state guidelines insofar as they affect that particular local program, which are necessary because of local environmental conditions or user practices.  The secretary may otherwise provide for the requirements for approval of local programs.  

E.  Within ninety days after receipt of a proposed local program, the secretary shall either approve the program or notify the local government of the specific changes which must be made in order for it to be approved.  Before making his decision the secretary shall consider each proposed local program, the comments received from other agencies, interested persons and the public hearing, the state guidelines and the rules adopted pursuant to this Section.  A local program may be resubmitted, or amended following the same procedures outlined herein.  

F.  A local government or any other persons adversely affected by a decision of the secretary pursuant to R.S. 49:214.28(E) may appeal the decision in accordance with R.S. 49:214.35.  

G.  No local coastal program shall become effective until it has been approved by the secretary.  Once approved, a local program shall be available for public inspection at the offices of the local government and of the coastal management program.  

H.  Once a local program is approved by the secretary:

(1)  Uses of local concern within the parish's coastal zone must be consistent with the local program and shall be subject to the issuance of coastal use permits by the local government.  

(2)  The local program may be altered or modified only with approval of the secretary pursuant to the procedures provided for approval of local program.  

(3)  The local program, its procedures and implementation shall be subject to periodic review by the secretary to ensure continued consistency with the state program, guidelines, and with the policies and purpose of this Subpart.  The secretary shall require the modification of the local program or its procedures when necessary to ensure such consistency pursuant to the procedures provided for approval of a local program.  

I.  The secretary is authorized to enter into contracts with local governments to provide financial assistance on a matching fund basis to aid the development and implementation of approved local programs under this Subpart.  The secretary shall develop rules and procedures after notice and public hearing, under which local governments may qualify for such assistance.  

Acts 1978, No. 361, §1, eff. Jan. 1, 1979.  Amended by Acts 1979, No. 613, §1, eff. July 18, 1979.  Acts 1983, No. 705, §4, eff. Sept. 1, 1983; Acts 1984, No. 408, §1, eff. July 6, 1984.  

{{NOTE:  SEE ACTS 1989, 2D EX. SESS., NO. 6, §7.}}