§1849.  Evaluation and permitting

A.  No person shall commence or engage in any activity governed by this Part or any rule pursuant thereto unless a permit is first obtained from the administrator.

B.(1)  Prior to any final decision on an application for a permit for those activities that have the potential for significant ecological degradation, a written evaluation of the application may be prepared by the administrator in consultation with the division of administration, the Department of Environmental Quality, and the Louisiana Department of Culture, Recreation and Tourism and with the advice of other agencies that the administrator determines may have an interest in the permit.

(2)  The final decision on an application shall be in the form of a written report, shall include any required evaluation, and shall be part of the record of the decision.  The report shall include an evaluation of the criteria provided for in this Section.  The administrator shall give any required evaluation substantial weight in making the final decision.  The administrator shall provide copies of the report with the division of administration, the Department of Environmental Quality, and the Department of Culture, Recreation and Tourism.

C.  The criteria for an evaluation of an application for a permit shall consider the impact the activity may have on the characteristics and qualities of the natural and scenic river, including but not limited to the following:

(1)  Wilderness qualities

(2)  Scenic values

(3)  Ecological regimes

(4)  Recreation

(5)  Fish and other aquatic life

(6)  Wildlife

(7)  Historical and archaeological

(8)  Geological

(9)  Botanical

(10)  Water quality as determined by the Department of Environmental Quality

(11)  Cultural

(12)  Economics

D.  A person who is denied a permit by the department may institute legal proceedings against the department in the Nineteenth Judicial District Court.

Acts 1988, No. 947, §1, eff. July 27, 1988; Acts 2004, No. 33, §4; Acts 2009, No. 365, §1.