A Guide to the Louisiana Coastal Resources Program Requirements, Process, and Compliance
The Louisiana Coastal Resources Program (LCRP) plays a crucial role in managing, protecting, and restoring the state's invaluable coastal resources. This comprehensive guide provides a clear and concise overview of the LCRP, focusing on the key aspects that developers and environmental consultants must understand to successfully navigate the regulatory landscape. Readers will learn about the program's applicability and scope, including the types of activities and entities regulated under the LCRP and the specific prohibitions in place to safeguard coastal ecosystems. The guide also explores the LCRP's structure and key provisions, offering insights into the permitting process, mitigation requirements, and enforcement mechanisms. By delving into the regulatory standards, limitations, and compliance obligations, this resource enables readers to effectively manage their projects while minimizing environmental impacts. Recent developments and the regulatory outlook are discussed, ensuring that readers stay informed about the evolving nature of the LCRP. With a wealth of additional resources and further reading materials, this guide serves as an essential tool for anyone seeking to understand and comply with the Louisiana Coastal Resources Program.
GENERAL INFORMATION
Key Details of the Louisiana Coastal Resources Program
- Issuing Agency: Louisiana Department of Natural Resources (LDNR)
- Year Established: 1978
- Last Amended: 2012
- Statutory Authority: The State and Local Coastal Resources Management Act of 1978
- Primary Legal Reference: Louisiana Administrative Code, Title 43, Part I, Chapter 71
Overview of the Louisiana Coastal Resources Program
The Louisiana Coastal Resources Program (LCRP) is a state regulatory program that operates within the broader framework of the federal Coastal Zone Management Act (CZMA) of 19722. The LCRP was established in 1978 through the State and Local Coastal Resources Management Act, which authorized the Louisiana Department of Natural Resources (LDNR) to administer the program.
The primary goal of the LCRP is to protect, develop, and restore Louisiana's coastal resources while balancing economic, environmental, and social interests3. The program seeks to achieve this by regulating activities that have a direct and significant impact on coastal waters, such as dredging, filling, and construction4.
The LCRP is administered by the LDNR's Office of Coastal Management (OCM), which is responsible for issuing Coastal Use Permits (CUPs) for regulated activities5. The program covers Louisiana's designated Coastal Zone, which includes all or parts of 20 parishes along the state's coast.
What does the Louisiana Coastal Resources Program protect?
The Louisiana Coastal Resources Program protects the state's coastal resources, including wetlands, estuaries, beaches, dunes, barrier islands, and other coastal habitats6. These resources are protected from the adverse impacts of development activities, such as dredging, filling, and construction, which can degrade water quality, destroy habitats, and increase erosion. The LCRP achieves this protection by requiring a Coastal Use Permit for any activity that has a direct and significant impact on coastal waters, ensuring that such activities are conducted in a manner consistent with the program's goals and guidelines7.
REGULATORY SCOPE & JURISDICTION
Regulated Activities & Entities
The Louisiana Coastal Resources Program (LCRP) is a comprehensive regulatory framework designed to manage, protect, and restore Louisiana's coastal resources. The program regulates a wide range of activities and entities that have the potential to impact the state's coastal zone, which includes the Gulf of Mexico shoreline, coastal wetlands, estuaries, and other sensitive ecological areas.8
The LCRP regulates various industries and activities, such as:
- Oil and gas exploration and production
- Coastal infrastructure development (e.g., ports, marinas, and bridges)
- Dredging and filling operations
- Coastal restoration and protection projects
- Residential and commercial development in coastal areas
- Agricultural activities in coastal regions
- Recreational activities that may impact coastal resources
Under the LCRP, certain activities and substances are prohibited due to their potential to cause significant harm to coastal resources. These prohibitions include:9
- Discharging untreated sewage or other pollutants into coastal waters
- Destroying or damaging coastal wetlands without proper authorization
- Conducting unauthorized dredging or filling activities in coastal areas
- Constructing structures or facilities in coastal regions without necessary permits
- Engaging in activities that threaten endangered or threatened species in the coastal zone
These prohibitions are in place to protect the delicate balance of Louisiana's coastal ecosystems, preserve water quality, and ensure the long-term sustainability of the state's coastal resources.
Structure and Key Provisions
The Louisiana Coastal Resources Program is structured into several key sections that outline the program's objectives, definitions, permitting requirements, and enforcement provisions. Some of the most important sections include:
Section 214.21 - Declaration of Public Policy10
This section establishes the program's goals and objectives, emphasizing the importance of protecting and managing Louisiana's coastal resources for the benefit of current and future generations.
Section 214.23 - Definitions11
This section provides clear definitions for key terms used throughout the regulation, such as "coastal use permit," "coastal waters," and "mitigation."
Section 214.30 - Coastal Use Permits12
This section outlines the permitting process for activities in the coastal zone, including application requirements, review procedures, and criteria for permit approval or denial.
Section 214.32 - Mitigation13
This section discusses the requirements for compensating for unavoidable impacts to coastal resources, such as creating or restoring wetlands to offset losses from permitted activities.
Section 214.36 - Enforcement14
This section details the enforcement provisions of the LCRP, including penalties for violations, administrative hearing procedures, and the authority of the Louisiana Department of Natural Resources to issue cease and desist orders.
When navigating the Louisiana Coastal Resources Program, it is crucial for stakeholders to consult the full text of the regulation and engage with the Louisiana Department of Natural Resources for project-specific guidance. The above sections provide a general overview of the program's structure and key provisions, but the full regulation should be consulted for a comprehensive understanding of the requirements and obligations under the LCRP.
COMPLIANCE REQUIREMENTS & STANDARDS
Regulatory Standards & Limitations
The Louisiana Coastal Resources Program (LCRP) establishes various standards and limitations to protect and manage the state's coastal resources. These include performance standards for activities such as dredging, filling, and construction in coastal areas, as well as limitations on the types and extent of development allowed in sensitive coastal environments.15 The LCRP also sets forth requirements for mitigation of impacts to coastal resources, such as compensatory mitigation for unavoidable wetland losses.16
These standards and limitations are implemented through the LCRP's permitting process, which requires regulated entities to obtain permits from the Louisiana Department of Natural Resources (LDNR) before undertaking certain activities in coastal areas.17 The LDNR reviews permit applications to ensure that proposed activities comply with the LCRP's standards and limitations, and may impose additional conditions on permits as necessary to protect coastal resources.18
Enforcement of the LCRP's standards and limitations is carried out by the LDNR, which has the authority to issue cease and desist orders, assess civil penalties, and seek judicial relief for violations of the program.19
Monitoring, Reporting & Recordkeeping Obligations
The LCRP imposes various monitoring, reporting, and recordkeeping requirements on regulated entities to ensure compliance with the program's standards and limitations. These may include:
- Monitoring of environmental conditions and impacts related to permitted activities20
- Regular reporting to the LDNR on the status of permitted activities and compliance with permit conditions21
- Recordkeeping on permitted activities, environmental impacts, and compliance measures22
The specific monitoring, reporting, and recordkeeping requirements applicable to a given project will depend on the nature and scope of the permitted activities, as well as any additional conditions imposed by the LDNR.23 Developers and consultants should work closely with the LDNR to understand and fulfill these obligations for their specific projects.24
Enforcement Actions & Penalties
The LDNR has the authority to take various enforcement actions for violations of the LCRP, including:
- Issuing notices of violation and cease and desist orders25
- Assessing civil penalties of up to $12,000 per violation26
- Seeking judicial relief, including injunctions and civil penalties27
- In cases of knowing and willful violations, referring the matter for criminal prosecution28
The specific enforcement actions and penalties applicable to a given violation will depend on factors such as the nature and severity of the violation, the violator's compliance history, and the extent of any environmental harm caused.29
To avoid enforcement actions and penalties, it is crucial for regulated entities to proactively comply with the LCRP's requirements and engage early and often with the LDNR.30 Developers and consultants should carefully review the full text of the LCRP and work closely with the LDNR to understand the specific compliance obligations and enforcement provisions applicable to their projects.31
ADDITIONAL RESOURCES
Recent Developments & Regulatory Outlook
The Louisiana Coastal Resources Program has undergone several significant developments in recent years. In 2021, the Louisiana Legislature passed Act 356, which amended the Coastal Zone Management Act to streamline the permitting process and reduce administrative burdens on applicants 32. This amendment has had a significant impact on the regulated community, particularly developers and environmental consultants, by simplifying the application process and reducing the time required to obtain permits.
Another notable development is the ongoing effort by the Louisiana Department of Natural Resources (LDNR) to update the Coastal Use Permit (CUP) application forms and guidance materials 33. These updates aim to make the application process more user-friendly and provide clearer instructions to applicants, which is expected to reduce errors and improve the overall efficiency of the permitting process.
Looking ahead, stakeholders should be aware of potential changes to the Louisiana Coastal Resources Program resulting from the 2023 Regular Session of the Louisiana Legislature. As of April 2023, several bills have been introduced that could affect the implementation or interpretation of the program, such as House Bill 492, which proposes to establish a new Coastal Zone Restoration Fund 34.
To stay informed about these developments and participate in the regulatory process, stakeholders can:
- Monitor the LDNR Office of Coastal Management website for updates and announcements 35
- Join the LDNR Office of Coastal Management mailing list to receive notifications about proposed rule changes and public comment opportunities 36
- Engage with industry associations, such as the Louisiana Association of Business and Industry (LABI), which often provide updates and analysis on regulatory developments affecting their members
By staying informed and engaged, stakeholders can better navigate the evolving regulatory landscape and ensure compliance with the Louisiana Coastal Resources Program.
Additional Resources
Louisiana Coastal Resources Program Regulations: The full text of the Louisiana Coastal Resources Program regulations, including all amendments and updates.
Louisiana Department of Natural Resources Office of Coastal Management Website: The official website of the LDNR Office of Coastal Management, providing information on the Louisiana Coastal Resources Program, permit application forms, guidance documents, and announcements.
Coastal Use Permit Application Guide: A comprehensive guide to completing the Coastal Use Permit application, including step-by-step instructions, examples, and tips for avoiding common errors.
Louisiana Coastal Protection and Restoration Authority (CPRA) Website: The official website of the CPRA, which is responsible for planning, designing, evaluating, permitting, implementing, and monitoring coastal restoration and protection projects in Louisiana.
REFERENCES
Louisiana Administrative Code, Title 43, Part I, Chapter 7, https://www.doa.la.gov/Pages/osr/lac/43v01/43v01.aspx ↩
Coastal Zone Management Act of 1972, 16 U.S.C. §§ 1451-1466, https://www.law.cornell.edu/uscode/text/16/chapter-33 ↩
Louisiana Department of Natural Resources, Office of Coastal Management, "Louisiana Coastal Resources Program," https://www.dnr.louisiana.gov/index.cfm/page/85 ↩
Louisiana Administrative Code, Title 43, Part I, Chapter 7, Section 701, https://www.doa.la.gov/Pages/osr/lac/43v01/43v01.aspx ↩
Louisiana Department of Natural Resources, Office of Coastal Management, "Permits & Mitigation," https://www.dnr.louisiana.gov/index.cfm/page/93 ↩
Louisiana Administrative Code, Title 43, Part I, Chapter 7, Section 700, https://www.doa.la.gov/Pages/osr/lac/43v01/43v01.aspx ↩
Louisiana Administrative Code, Title 43, Part I, Chapter 7, Section 701, https://www.doa.la.gov/Pages/osr/lac/43v01/43v01.aspx ↩
"Louisiana Coastal Resources Program," Louisiana Department of Natural Resources, https://www.dnr.louisiana.gov/index.cfm?md=pagebuilder&tmp=home&pid=85&ngid=5. ↩
"Louisiana Coastal Resources Program Regulations," Louisiana Department of Natural Resources, http://www.dnr.louisiana.gov/assets/OCM/CoastalZoneBoundary/CZB2012/CZMA.pdf. ↩
"Louisiana Coastal Resources Program Regulations," Louisiana Department of Natural Resources, http://www.dnr.louisiana.gov/assets/OCM/CoastalZoneBoundary/CZB2012/CZMA.pdf. ↩
Ibid. ↩
Ibid. ↩
Ibid. ↩
Ibid. ↩
Louisiana Administrative Code, Title 43, Part I, Chapter 7, §701 et seq. ↩
Louisiana Administrative Code, Title 43, Part I, Chapter 7, §724. ↩
Louisiana Administrative Code, Title 43, Part I, Chapter 7, §723. ↩
Louisiana Administrative Code, Title 43, Part I, Chapter 7, §723(C). ↩
Louisiana Administrative Code, Title 43, Part I, Chapter 7, §727. ↩
Louisiana Administrative Code, Title 43, Part I, Chapter 7, §723(C)(4). ↩
Louisiana Administrative Code, Title 43, Part I, Chapter 7, §723(C)(5). ↩
Louisiana Administrative Code, Title 43, Part I, Chapter 7, §723(C)(6). ↩
Louisiana Administrative Code, Title 43, Part I, Chapter 7, §723(C). ↩
Louisiana Department of Natural Resources, Office of Coastal Management, "Permits & Mitigation," https://www.dnr.louisiana.gov/index.cfm/page/90 ↩
Louisiana Administrative Code, Title 43, Part I, Chapter 7, §727(B). ↩
Louisiana Administrative Code, Title 43, Part I, Chapter 7, §727(D). ↩
Louisiana Administrative Code, Title 43, Part I, Chapter 7, §727(E). ↩
Louisiana Administrative Code, Title 43, Part I, Chapter 7, §727(F). ↩
Louisiana Administrative Code, Title 43, Part I, Chapter 7, §727(D)(1). ↩
Louisiana Department of Natural Resources, Office of Coastal Management, "Enforcement," https://www.dnr.louisiana.gov/index.cfm/page/95 ↩
Louisiana Department of Natural Resources, Office of Coastal Management, "Permits & Mitigation," https://www.dnr.louisiana.gov/index.cfm/page/90 ↩
Act 356, 2021 Regular Session, Louisiana State Legislature, https://legis.la.gov/legis/ViewDocument.aspx?d=1235786 ↩
"LDNR Office of Coastal Management Announces Updates to CUP Application Forms", Louisiana Department of Natural Resources, http://www.dnr.louisiana.gov/index.cfm/newsroom/detail/1234 ↩
House Bill 492, 2023 Regular Session, Louisiana State Legislature, https://legis.la.gov/legis/BillInfo.aspx?i=244178 ↩
Louisiana Department of Natural Resources Office of Coastal Management Website, http://www.dnr.louisiana.gov/index.cfm?md=pagebuilder&tmp=home&pid=85 ↩
"Join Our Mailing List", Louisiana Department of Natural Resources Office of Coastal Management, http://www.dnr.louisiana.gov/index.cfm?md=pagebuilder&tmp=home&pid=99 ↩
A Note to Our Readers: We hope this guide is a valuable resource in helping you better understand the LCRP. However, it's not a substitute for professional advice and doesn't cover every scenario. Always consult with regulatory bodies and professionals for the most current advice and project-specific guidance.