(a)

Recognize the value in natural coastal ecosystems.

(1)

Protect, preserve, restore and enhance the coastal zone as a natural storm barrier, flood control system, and water filtration system.

(2)

Protect, preserve, restore and enhance the coastal zone as a habitat for wildlife, an aquatic resource, an aesthetic resource, a parish, state and national resource, and a historic cultural resource.

(3)

Protect, preserve, restore and enhance the coastal zone as a legacy to future generations.

(b)

Recognize the value in coastal-dependent commercial and residential activity.

(1)

Promote coordinated development within the coastal zone.

(2)

Promote conflict resolution arising from multiple, competing uses.

(3)

Promote recreational uses (respect private property) and monitor public access within the coastal zone.

(c)

Balance these values in Terrebonne Parish to allow current and future residents the opportunity to enjoy the multiple benefits and cultural values associated with a healthy coastal zone.

(d)

Foster the public safety, health and welfare of Terrebonne Parish residents.

(e)

In the event that sections of this ordinance may be subject to multiple interpretations, they must be read to further the purposes stated above and provide fair and impartial judgment to all parties.

(f)

This ordinance applies to all local uses, defined in L.R.S. 49: 214.25 A (2).

(f)

Should any provision herein be deemed contrary to law, it shall be severed from the remainder and shall not affect other provisions that may remain applicable, irrespective of the invalid provision.

(g)

This ordinance shall be read and construed as a whole and in accord with the coastal zone management program.

(Ord. No. 6273, § 1(1-1.8), 6-28-00)

Unless specifically defined in this section, words and phrases in this ordinance shall be read as commonly used and to give this ordinance its most reasonable application.

(a)

Act means the Louisiana Coastal Zone Management Program, L.R.S. 49:214.21 et seq.

(b)

Administrator means the administrator of the Coastal Management Division within the Louisiana Department of Natural Resources.

(c)

After-the-fact permit means a coastal use permit issued after the commencement of an activity or use.

(d)

Aggrieved party means any person who receives a decision adverse to their interests or proposed objectives.

(e)

Agricultural, forestry and aquaculture activities means those activities that are common practice and incident to agriculture, forestry and aquaculture provided that the activity is one of an on-going basis for a period of at least five (5) years, including the year previous to the activity in question; that do not require a permit from the U.S. Army Corps of Engineers; and that do not result in a new or changed use of the land. Examples include seeding, fence building, and harvesting.

(f)

Applicant means the owner of the property for which a use requiring a coastal use permit is requested, an agent, or someone specifically authorized in writing by the owner to make an application. No "unknown owner" applicants will be allowed.

(g)

Buffer zone means a strip of land adjoining a wetland mitigation site to protect the wetland habitat and wildlife within the bank from the impact of an activity outside the buffer zone. The term includes a strip of land composed primarily of water or a strip of land that includes a fence, wall, or screen of vegetation when these visual barriers also provide functional protection for the wetland.

(h)

Camp means a structure built and used for non-commercial and non-profit purposes and commonly referred to as "single family," not multiple family dwellings and shall apply only to such structure built singly, not as part of a subdivision, tract development, speculative building, or recreational community development and intended for periodic occupancy.

(i)

Closely-related actions means those actions that

(1)

Automatically trigger other actions which may require permits;

(2)

Cannot proceed unless other actions are taken previously or simultaneously; or

(3)

Are interdependent parts of a larger action and depend upon the larger action for their justification.

(j)

Coastal use permit or permit or CUP means those permits required by L.R.S. 49:214.30.

(k)

Coastal waters means bays, lakes, inlets, estuaries, rivers, bayous and other bodies of water within the boundaries of the coastal zone.

(l)

Coastal zone means that area described in L.R.S. 49:214.24.

(m)

Coastal zone management program means the applicable laws, regulations, policies and guidelines developed by federal, state, and local government to implement the coastal zone management act.

(n)

Compensatory mitigation means replacement, substitution, enhancement, or protection of ecological values to offset anticipated loses of those values caused by a permitted activity.

(o)

Cumulative impacts means the influence on the environment resulting from the incremental effects of the activity when added to other past, present, and reasonably foreseeable future activities regardless of what agency or person undertakes those activities. Cumulative impacts may result from individually minor but collectively significant activity taking place over a period of time. "Secondary" impacts caused or enabled by a particular project are considered cumulative; including, but not limited to, increased development in an area where new sewers, roads, and other infrastructure have been built whether plans exist for this area at the time the infrastructure is built or not. Cumulative impacts to coastal zone resources may result from activity outside the coastal zone or from activity exempt under coastal zone permitting.

(p)

X number of days means that the number of days shall be interpreted as generally ten (10) and under days will mean "working" days and over ten (10) days will mean "calendar" days.

(q)

Department (DNR) means Department of Natural Resources.

(r)

Direct and significant impact means an impact that perceptibly or measurably alters the physical, hydrological, chemical, or biological characteristics of coastal waters as a result of an action or series of actions undertaken by man.

(s)

Emergency means a situation that poses an immediate threat to public safety, life, health or property and action in response to the threat cannot await the permitting process. Declaration of an emergency must come from a governmental body with authority to make such declarations and continues for the time that body specifies.

(t)

Environmental management unit or EMU means an area with certain distinguishing physical, hydrological, chemical, biological or cultural characteristics.

(u)

Exempted use shall mean any use specifically listed in this ordinance as not requiring a permit.

(v)

Fastlands means that area surrounded by publicly-owned, maintained, or otherwise valid existing levees, or natural formations, which would normally prevent activities therein from having a direct and significant impact on coastal waters.

(w)

Guidelines means L.A.C. Title 43, Chapter 7 entitled "Coastal Management."

(x)

Interested person means any of the following:

(1)

Any applicant, an agent or an employee of the applicant, or a person receiving consideration for representing the applicant, or a participant in a proceeding on the matter.

(2)

Any person with a financial interest in a matter before the appeals panel, or an agent or employee of the person with a financial interest, or a person representing the person with a financial interest.

(3)

A representative acting on behalf of any civic, environmental, neighborhood, business, labor, trade, or similar organization who intends to influence the decision of the appeals panel on a matter before the appeals panel.

(y)

Levee means any use or activity which creates an embankment to control or prevent water movement, to retain water or other material, or to raise a road or other linear use above normal or flood water levels. Examples include levees, dikes, and embankments of any sorts.

(z)

Local administrator means the Terrebonne Parish professional charged with implementing and administering this ordinance and the local coastal zone management program.

(aa)

Local coastal program advisory committee or committee means the group of 15 individuals, representing coastal area user groups.

(bb)

Local government means the Terrebonne Parish Council.

(cc)

Mitigation means all actions taken by an applicant to avoid, minimize, restore and compensate for loss of an area's ability to support vegetation, fish and wildlife populations due to a permitted activity.

(dd)

Mitigation bank an area identified, with specific measures implemented to create, restore, protect, and/or enhance wetlands, for the purpose of producing ecological values, measured as average annual habitat units or cumulative habitat units (mitigation credits). Those credits may be donated, sold, traded, or otherwise used for the purpose of compensating for the ecological values lost due to a permitted activity. Currently, LDNR/CMD is also using mitigation "areas" as well as banks. The areas are allowed under L.A.C. 43:I.724(E)(e).

(ee)

Mitigation credit means a unit of measured area that supports wetland habitat, wetland habitat value, and wetland function that did not exist at the mitigation bank site before the bank was developed. Credits are determined in accord with L.A.C. Title 43, Part I, §724. Currently, LDNR/CMD is also using mitigation "areas" as well as banks. The areas are allowed under L.A.C. 43:I.724(E)(e).

(ff)

Navigational aids means buoys, marker piles, dolphins, piling, and/or pile clusters when in conformance with U.S. Coast Guard standards and do not involve dredge and fill activity.

(gg)

Normal maintenance and repair means activity taken to reasonably preserve the utility of a lawfully existing structure in active use for the year preceding the proposed activity. It does not include expanding an existing structure, dredging and filling, or altering the magnitude or function of the original structure.

(hh)

On-site mitigation means all measures that may be taken to offset or eliminate damage or destruction to the functional characteristics and processes of a wetland, changing the operational characteristics of the proposed activity, or creating or enhancing wetland functions or values at the project site.

(ii)

Out-of-kind mitigation means the creation of habitat functions and types at the mitigation site substantially different from those that existed at the project site; restoration of a bottomland hardwood site as mitigation for a project in a salt marsh is one example.

(jj)

Person means any individual, partnership, association, trust, corporation, or government body.

(kk)

Parish council means the Terrebonne Parish Council, the authority of general jurisdiction and operation at the parish level.

(ll)

Public hearing means any hearing announced to the public at least thirty (30) and no more that sixty (60) calendar days in the official journal of Terrebonne Parish. Hearings will be held in the closest available site to the permit site or local community. All interested persons shall be afforded a reasonable opportunity to make written or oral submissions on the subject of the meeting.

(mm)

Residence means structure built and used for non-commercial and non-profit purposes and commonly referred to as "single family," not multiple family, dwellings and shall apply only to such structures built singly, not as part of a subdivision, tract development, speculative building, or recreational community development and intended as a primary resident.

(nn)

Residents means both real persons and entities whose occupancy in Terrebonne Parish is intended to be of an on-going, primary nature. These include, but are not limited to, civic, environmental, neighborhood, business, labor, trade, or similar organizations or a legally recognized business entity.

(oo)

Same-kind mitigation means the creation of habitat functions and types at the mitigation site substantially similar to those that existed at the project site; restoration of a bottomland hardwood site as mitigation for a project in a bottomland hardwood site is one example.

(pp)

Secretary means the secretary of the department of natural resources or his/her designee.

(qq)

Special areas means those portions of the coastal zone within Terrebonne Parish that require special management procedures due to certain unique and valuable characteristics. Examples include barrier islands, shell deposits, salt domes, archaeological sites, transportation corridors, endangered species habitat, ports, and recreational sites among others. These areas may be designated by the parish council and recommendation by the committee.

(rr)

Supplemental material means any of the following or other, unlisted material deemed appropriate by the local administrator: a description of the physical, chemical, hydrological, biological, and cultural environment in which the activity is proposed to take place; a list of alternatives to the proposed activity including a 'status quo' alternative; a complete description of expected consequences to the physical, chemical, hydrological, biological, and cultural environment; how any such impacts will be mitigated or offset including when these environmental benefits will be achieved, evidence to support the proposal's intended results and how the projected results—both positive and negative—may be monitored in the future.

(ss)

Uplands means land that is five (5) feet or more above sea level.

(tt)

Use means any use or activity within the coastal zone which has a direct and significant impact on coastal waters.

(uu)

Wetland means land that

(1)

Has a predominance of hydric soil;

(2)

Is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and

(3)

Under normal circumstances does support a prevalence of that vegetation.

(vv)

Wetland functions means a service that wetlands perform, including flood water storage, flood water conveyance, ground water discharge, erosion control, wave attenuation, water quality protection, scenic and aesthetic use, food chain support, and habitat for fish, wildlife, invertebrates, and plants, among others.

(Ord. No. 6273, § 2(2.1-2.49), 6-28-00)

(a)

Manage the local coastal zone management program based upon the local coastal zone management plan, as adopted by the Terrebonne Parish Council;

(b)

Issue, deny or modify CUPs consistent with the Coastal Zone Management Plan for Terrebonne Parish;

(c)

Adopt any rules and regulations that are reasonable and necessary to carry out this ordinance in conformance with the generally established procedures for Terrebonne Parish rulemaking;

(d)

Conduct investigations necessary to ascertain compliance with this ordinance;

(e)

Act as liaison for Terrebonne Parish to the U.S. Army Corps of Engineers, other parishes, and other state, federal, and local governmental entities relative to projects governed by this ordinance or the Act which are proposed to take place in or impact the coastal zone of Terrebonne Parish;

(f)

Review and comment upon uses of state concern, as defined in L.R.S. 49:214.25 A (1);

(g)

Make an initial determination as to whether a proposed project has direct and significant impacts and whether a proposed project is a local use, for concurrence by the secretary.

(h)

Maintain and hold open for public inspection records pertaining to this ordinance and activities governed by this article;

(i)

Regularly update the committee on actions taken by the local administrator; and seek their advise on future actions.

(j)

Enforce this article and the act;

(k)

Request and receive the assistance of other officers and employees of the parish, when necessary to carry out these duties;

(l)

Consider written requests from Terrebonne Parish residents to add, modify, or delete local rules implementing this article;

(m)

Have the capacity to initiate a Terrebonne Parish Wetlands Conservation and Restoration Fund, that will be subject to all Louisiana statutes governing such funds.

(Ord. No. 6273, § 1(3.1-3.13), 6-28-00)

(a)

The Terrebonne Parish President and the Terrebonne Parish Council shall attempt to select members for the Terrebonne Parish Coastal Zone Management (CZM) Advisory Committee so that as great a variety of the geographic and socioeconomic interests of the citizens of Terrebonne Parish are represented on the committee as possible.

(b)

Terrebonne Parish CZM Advisory Committee shall be composed of nine (9) members. Six (6) of these members shall represent specific interests of the Terrebonne Parish Community. Three (3) of the members of the committee shall be at-large positions representing no specific group or interest. Five (5) of these members shall be chosen and ratified by the Terrebonne Parish Council from submitted nominations. Two (2) of members of this committee shall be directly appointed by the Terrebonne Parish President. The Terrebonne Parish President and Terrebonne Parish Council shall attempt to select members of the Terrebonne Parish Coastal Zone Management Advisory Committee so that as great a variety of the geographic and socioeconomic interests of the citizens of Terrebonne Parish are represented on the committee as possible.

(c)

The Terrebonne Parish CZM Advisory Committee shall be composed of the following nine (9) members:

(1)

A member representing the commercial fishing industry chosen and ratified by the Terrebonne Parish Council from nominations submitted by the commercial fishing industry and/or members of the Terrebonne Parish Council.

(2)

A member representing the recreational fishing industry chosen and ratified by the Terrebonne Parish Council from nominations submitted by the recreational fishing industry and/or Terrebonne Parish Council.

(3)

A member representing the property owners and developers of Terrebonne Parish chosen and ratified by the Terrebonne Parish Council from nominations of local property owners and developers and/or members of the Terrebonne Parish Council.

(4)

A member representing the oil industry of Terrebonne Parish chosen and ratified by the Terrebonne Parish Council from nominations submitted by South Central Industrial Association (S.C.I.A.) and/or members of the Terrebonne Parish Council.

(5)

A member representing the marine navigation industry of Terrebonne Parish chosen and ratified by the Terrebonne Parish Council from nominations submitted by the Chamber of Commerce and/or members of the Terrebonne Parish Council.

(6)

Two (2) at-large members chosen and ratified by the Terrebonne Parish Council from nominations submitted by members of the Terrebonne Parish Council.

(7)

An at-large member chosen and appointed by the Terrebonne Parish President.

(8)

A member representing flood protection for Terrebonne Parish chosen and appointed by the Terrebonne Parish President.

(d)

Members of the Terrebonne Parish CZM Advisory Committee shall be appointed for two (2) year terms. Through alphabetical listing, odd numbered committee members shall be replaced in odd numbered calendar years. Except for the first year, even numbered committee members shall be replaced in even numbered calendar years. The first even numbered committee members shall have three-year terms.

(e)

Any member of the Terrebonne Parish CZM Advisory Committee may be removed at any time by a vote of the Terrebonne Parish Council, where at least six (6) of the council members vote for removal of the Terrebonne Parish Coastal Zone Management Advisory Committee member.

(f)

The Terrebonne Parish CZM Advisory Committee shall follow Robert's Rules of Order.

(g)

The Terrebonne Parish CZM Advisory Committee shall elect a chairman and vice chairman to conduct meetings. The chairman shall have the authority to appoint subcommittees of both Terrebonne Parish CZM Advisory Committee members and nonmembers to help in the conduct of the Terrebonne Parish CZM Advisory Committee business. Further functions of the Terrebonne Parish CZM Advisory Committee include:

(1)

Review and comment upon any proposed rules and regulations impacting the coastal zone;

(2)

Recommend to the parish council any modifications to this article that may require state and federal approval;

(3)

Review and comment upon any coastal use permit at the request of the local administrator or any committee member;

(4)

Nominate a representative to hear appeals in accord with this article;

(5)

Submit a regular report describing the activity of Terrebonne Parish's Coastal Zone Management Program to DNR secretary as required and make copies available to the public.

The report shall include the number, type and characteristics of the CUP applications, decisions, appeals, variances, enforcement actions, and problem areas in the Terrebonne Parish Coastal Zone Management Program for the past year and proposed changes in the state or local coastal zone management program. In addition, the LDNR/CMD will need copies of reports and permit decisions required for the La. State Conservation Plan.

(6)

Have the capacity to direct the Terrebonne Parish Consolidated Government CZM Office to initiate a Terrebonne Parish Wetlands Conservation and Restoration Fund;

(7)

Enforce this article and the act.

(Ord. No. 6273, § 1(4.1-4.7.7), 6-28-00; Ord. No. 7005, § III, 6-22-05)

To avoid duplication, any of the local administrator's duties that are already performed by another Terrebonne Parish Office (i.e. the planning department or public works, etc.) may remain a responsibility of that office that a standardized method of communicating between that office and the local administrator exists.

(Ord. No. 6273, § 1(5), 6-28-00)

(a)

In accordance with La. R. S. 214.25 A(1) & (2), uses of the coastal zone subject to the Terrebonne Parish Coastal Zone Management Program's coastal use permitting program shall be of two (2) types:

(1)

Uses of state concern: Those uses which directly and significantly affect coastal waters and which are in need of coastal management and which have impacts of greater than local significance or which significantly affect interests of regional, state, or national concern. Uses of state concern shall include, but not be limited to:

a.

Any dredge or fill activity which intersects with more than one water body.

b.

Projects involving use of state owned lands or water bottoms.

c.

State publicly funded projects.

d.

National interest projects.

e.

Projects occurring in more than one (1) parish.

f.

All mineral activities, including exploration for, and production of, oil, gas, and other minerals, all dredge and fill uses associated therewith, and all other associated uses.

g.

All pipelines for the gathering, transportation, or transmission of oil, gas, and other minerals.

h.

Energy facility siting and development.

i.

Uses of local concern which may significantly affect interests of regional, state, or national concern.

(2)

Uses of local concern: Those uses which directly and significantly affect coastal waters and are in need of coastal management but are not uses of state concern and which should be regulated primarily at the local level if the local government has an approved program. Uses of local concern shall include, but not be limited to:

a.

Privately funded projects which are not uses of state concern.

b.

Publicly funded projects which are not uses of state concern.

c.

Maintenance of uses of local concern.

d.

Jetties or breakwaters.

e.

Dredge or fill projects not intersecting more than one water body.

f.

Bulkheads.

g.

Piers.

h.

Camps and cattlewalks.

i.

Maintenance dredging.

j.

Private water control structures of less than fifteen thousand dollars ($15,000.00) in cost.

k.

Uses on cheniers, salt domes, or similar land forms.

(b)

Undertaking a local or state use in the Terrebonne Parish Coastal Zone without a coastal use permit or in violation of permit terms is unlawful.

(c)

Activities listed under L.R.S. 49:214.34 (A)1-10 are exempt from this ordinance. These include the following: Activities occurring wholly on lands five (5) feet above sea level except when the secretary finds, subject to appeal, that the particular activity would have a direct and significant impact on coastal waters. Activities occurring within fast lands except when the secretary finds, subject to appeal, that the particular activity would have direct and significant impacts on coastal waters. Agricultural, forestry, and aquaculture activities on lands consistently used in the past for such activities; hunting, fishing, trapping, and the preservation of scenic, historic, and scientific areas and wildlife preserves; normal maintenance or repair of existing structures including emergency repairs of damage caused by accident, fire or the elements; uses and activities permitted by the Offshore Terminal Authority in accord with its environmental protection plan and proposed for the special area established in L.R.S. 49:214.29(C); construction of a residence or camp; construction and modification of navigational aids such as channel markers and anchor buoys. Construction, maintenance, repair, or normal use of any dwelling, apartment complex, hotel, motel, restaurant, service station, garage, repair shop, school, hospital, church, office building, store, amusement park, sign, driveway, sidewalk, parking lot, fence, or utility pole, or lines, when these activities occur wholly on lands five (5) feet or more above mean sea level or on fast lands except when the secretary finds, subject to appeal, that the particular activity would have direct and significant impact on coastal waters. Uses which do not have a significant impact on coastal waters.

(d)

Activities listed under L.R.S. 49:214.34 (A) 1, 2, 9 and 10 must be described in a permit application to allow a determination of whether they have a direct and significant impact on coastal waters.

(Ord. No. 6273, § 1(6.0-6.2), 6-28-00)

(a)

All applications shall be made on the form(s) prescribed by the secretary of the department of the natural resources. These forms shall be available at the Terrebonne Parish Coastal Zone Management Office.

(b)

Applications may be submitted to either the secretary or administrator of the department of natural resources or the local administrator.

(c)

Applications submitted to the local administrator shall contain material required by L.A.C. Title 43 §723(C)(2), and such additional information as the local administrator determines to be reasonably necessary for the proper evaluation, including but not limited to the following:

(1)

Maps showing actual location, size and dimensions of the real property proposed as the use site. Maps shall be the latest available e.g. infrared, coast and geodetic survey maps or equivalent.

(2)

Plans showing the exact location, size, and height of the buildings or structures to be developed.

(3)

A list of all applications, approvals, and/or denials already made concerning the development to/by federal, state, or local agencies.

(4)

A description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of the proposed coastal use.

(5)

A description of how the projects impacts might be tracked in the future, if applicable; and

(6)

If the development involves dredging, a description of the type, quantity and composition of the dredged material, plats showing the extent of dredge and fill, the method of dredging and disposal and, if possible, used beneficially.

(d)

Upon receipt, the local administrator shall review the local use application for completeness, issue a local number, and may assess fees in accordance with a schedule prepared and posted by the local administrator.

(e)

Applicants may be requested to provide supplemental material upon determination of need by the local administrator.

(f)

Within five (5) working days of receiving an incomplete application, the materials shall be returned to the applicant along with a brief statement explaining how the application may be made complete.

(g)

If after thirty (30) calendar days an applicant should fail to respond to the request for supplemental material, the application will be deemed withdrawn. The local administrator shall notify the applicant in writing of the withdrawal and include a copy of the request for supplemental material.

(h)

Separate applications shall be made for each unrelated, single action. Actions that are closely-related should be included in a single permit application.

(Ord. No. 6273, § 1(7.0-7.7), 6-28-00)

(a)

Upon receipt of a completed coastal use application, a determination shall be made whether the activity is of state or local concern. The initial decision may be made either by the secretary or administrator of the department of natural resources or by the local administrator. A decision by the local administrator with regard to the type of use or concern Shall be forwarded along with a copy of the application and any supplemental materials to the department of natural resources coastal management division for its concurrence within two (2) working days of the application's receipt.

(1)

When a local administrator decides that an activity is a state concern and this determination is confirmed by the department of natural resources, the local administrator shall notify the applicant of this referral to the state.

(b)

As a part of the initial consideration of a completed application or at any time thereafter, the secretary or administrator of the department of natural resources or the local administrator may decide that the proposed activity has no significant impact(s) on coastal waters. A decision by the local administrator with regard to a finding of no significant Impact shall be forwarded along with a copy of the application and any supplemental materials to the department of natural resources coastal management division.

(1)

When a local administrator decides that an activity of local concern has no significant impact on coastal waters the local administrator shall notify the applicant that the activity may proceed without a coastal use permit.

(c)

Any person may obtain a copy of the permit application and supporting documents by making a request to Terrebonne Parish Office of Coastal Zone Management and providing reasonable costs of copying, postage, and handling.

(d)

An applicant can expect to receive either a draft permit or a notice of denial within thirty (30) calendar days of the giving of public notice or within fifteen (15) calendar days after the closing of the record of a public hearing, if held, whichever is later.

(e)

If an application is found to be incomplete or inaccurate after processing has begun or if it is determined that additional information from the applicant is necessary to access the application adequately, processing will be stopped pending receipt of the necessary changes or information from the applicant and the processing periods will be interrupted. Upon receipt of the required changes or information, a new processing period will begin.

(1)

With regard to a state use or concern, the local administrator shall contact both the applicant and the department of natural resources coastal management division in writing to request additional information.

(2)

For a local use or concern, the local administrator shall contact the applicant in writing to request additional information. The request for information shall indicate that the applicant has thirty (30) calendar days to provide the necessary information and that failure to respond may result in a withdrawal of the application.

(f)

If after thirty (30) calendar days an applicant should fail respond to the request for supplemental material, the application will be deemed withdrawn. The local administrator shall notify the applicant in writing of the withdrawal and include a copy of the request for supplemental material.

(g)

In addition to LAC 43:I.727 and LRS 49:214.35 procedures governing public hearing, a public hearing on a local coastal use may be appropriate under the following circumstance:

(1)

At the discretion of the local administrator;

(2)

At the request of a majority of the committee;

(3)

At the request of the applicant;

(h)

Any documents, studies or other data in the applicant's possession relevant to the proposed use must be made available to the public for review, study, and duplication thirty (30) calendar days prior to the hearing. As additional materials are developed, they must also be made available. The Terrebonne Parish Coastal Zone Management Administrative Office shall be the repository for these materials.

(i)

Any person may obtain a copy of the permit application and supporting documents by making a request to the Terrebonne Parish Coastal Zone Management Office and providing reasonable costs of copying, postage, and handling.

(j)

Each comment received on the application shall be considered in the final permit decision as per sections 10.1-6 of this article.

(k)

The applicant or other agencies with expertise may be provided an opportunity to address issues raised in comments prior to the final permit decision.

(Ord. No. 6273, § 1(8.0-8.10), 6-28-00)

(a)

Before expirations of the applicable public comment period, the local administrator shall;

(1)

Review state concern application with regard to consistency with local program.

(2)

Solicit comments from Terrebonne Parish CZM Advisory Committee Members and the public;

(3)

Request additional information;

(4)

As appropriate, call for a public hearing;

(5)

notify the department of natural resources of any concerns, comments, inconsistencies, and objections with regard to the proposed activity.

(Ord. No. 6273, § 1(9.0-9.0.5), 6-28-00)

(a)

Within ten (10) working days of receipt, local administrator shall make public notice of the pending local use application in the following ways:

(1)

Publication once in a newspaper of general circulation in the official journal of Terrebonne Parish.

(2)

Provide notification at the proposed site of the activity by posting.

(b)

Notice of a pending application shall include the permit number, the location of the proposed activity, and information allowing members of the public to comment on the proposal for twenty-five (25) calendar days.

(c)

Before expiration of the applicable public comment period, the local administrator shall take one (1) of the following actions:

(1)

Solicit input upon the local use application from the committee prior to taking action under sections 28-130(d)(1) of this article.

(2)

Initiate a public hearing on local use application, in accordance with Terrebonne Parish procedures governing public hearings, prior to taking action under sections 28-130(d)(1) of this article.

(d)

After the comment period as stated in section 28-228(d) of this article, the local administrator shall take one of the following actions.

(1)

Issue the local use permit, based on the Terrebonne Parish Coastal Zone Management Program, the Guidelines, and the Act.

(2)

Issue the local use permit with conditions, based on the Terrebonne Parish Coastal Zone Management Plan, the Guidelines, and the Act.

(3)

Deny the local use permit, based upon the Terrebonne Parish Coastal Zone Management Plan, the Guidelines, and the Act.

(e)

Copies of the final decision shall be mailed to the applicant by mail within the legal time limits.

(1)

The local administrator shall include a brief, plain statement explaining the basis for the final permit decisions.

(f)

In the absence of a signed decision or a mutually agreeable written extension of the thirty (30) calendar day deadline, the local concern permit application shall be denied and the applicant notified by mail within legal time constraints.

(Ord. No. 6273, § 1(10.1-10.6), 6-28-00)

(a)

Any person adversely affected by a permit decision and any government authority may request an appeal of the local administrator's decision by filing a written notice with the local coastal administrator within fifteen (15) calendar days from the date the decision was issued.

(b)

A decision or determination shall be subject to reconsideration by the Terrebonne Parish Coastal Zone Management Appeals Panel if written notice is timely filed. The grounds for reconsideration shall be either that;

(1)

The decision or determination is clearly contrary to the law or the evidence before the local administrator.

(2)

New evidence pertinent to the key issues upon which the permit decision was based that may not have been discovered before or during the application review process by using due diligence, or

(3)

There is a showing that issues not previously considered, through no fault of the petitioner, ought to be examined in order to properly dispose of the matter, or

(4)

Petitioner/appellant alleges fraud, as defined by state law, or corruption in the application process, or

(5)

Petitioner/appellant presents other good grounds for further consideration in the public interest. Good grounds include, but are not limited to, a failure to consider pertinent issues or facts in the initial review process.

(c)

The local administrator may establish a fee system to cover administrative cost associated with implementing the appeals process including, but not limited to, reasonable charges for copies, transcribing, and postage.

(d)

The party requesting an appeal shall provide to all parties of record and to the local administrator a copy of the notice and shall remit all appropriate fees.

(e)

The party requesting an appeal shall include in the submission to the local administrator a copy of the permit decision being appealed, a copy of the permit application, and written statement(s) addressing or describing the following:

(1)

Identifying how the permit decision of the local administrator is contrary to law and any issues providing grounds for appeal;

(2)

Stating sufficient facts regarding the proposed project to allow adequate analysis of whether or not the local administrator's decision was supported by fact;

(3)

Including the name, address, and phone number of the party requesting review and, if applicable, the party's legal representative;

(4)

Providing a short statement indicating how the party requesting the appeal would like the appeals panel to remedy the situation;

(5)

Including a statement that the party requesting an appeal has read the notice and believes the contents to be true, followed by the party's signature and that of the party's representative, if any.

(6)

Stating that issues raised during the application process constitute the sole grounds for appeal, except for allegations raised pursuant to grounds for reconsideration (above, 1-5) and consistent with L.R.S. 49:214.35.

(Ord. No. 6273, § 1(11.0-11.4.6), 6-28-00)

Upon receipt of a completed appeals packet, containing proper notice as defined above, a copy of the decision, and a copy of the application, the local administrator shall notify both the applicant and the appellant of its receipt by mail.

(Ord. No. 6273, § 1(12), 6-28-00)

(a)

The local administrator shall schedule an appeal within ten (10) working days of receiving a completed appeals packet.

(b)

The local administrator shall promptly send each party of record the date, time, and location of the appeal by registered mail.

(c)

The local administrator shall publish the date, time, and location of any appeal in the official journal of Terrebonne Parish of the proposed site for the project at issue.

(d)

The local administrator shall require the applicant to post notification of the upcoming appeal on the proposed site of the activity at issue.

(Ord. No. 6273, § 1(13-13.3), 6-28-00)

Interested parties may appear personally or be represented by counsel at the public appeal to produce any competent evidence on their behalf.

(Ord. No. 6273, § 1(14), 6-28-00)

(a)

The appeals panel as selected according to section 28-239 of this article, may administer oaths, examine witnesses, and issue notices of hearings or subpoenas requiring the testimony of witnesses and production of books, records or other relevant documents.

(b)

The appeals panel may admit and give probative effect to evidence that possesses probative value commonly accepted by reasonably prudent men in the conduct of their affairs. The appeals panel may exclude evidence they find incompetent, irrelevant, immaterial or unduly repetitive in accordance with LA COE Art. 101-1104.

(c)

The appeals panel shall give effect to the rules of privilege recognized by law.

(d)

Objections may be made and considered, and shall be noted in the record in accordance with LA COE Art. 101-1104.

(e)

The appeals panel may take notice of judicially cognizable facts, as requested by interested parties. Such facts include, but are not limited to, recognized technical or scientific facts.

(f)

Depositions may be taken in accord with provisions governing the taking of depositions for civil court proceedings (LA CCP Art. 1420-1515 and admitted in the appeal.

(g)

Discovery may occur in accord with provisions governing discovery for civil court proceedings (LA CCP Art. 1420-1515) in the District Court of Terrebonne Parish.

(Ord. No. 6273, § 1(15-15.6), 6-28-00)

A verbatim transcript of testimony at the appeal shall be prepared and, in addition to exhibits and documents introduced, constitute the record. Interested parties may review the documentation prepared for and by the appeals panel upon written request of the local administrator.

(Ord. No. 6273, § 1(16), 6-28-00)

(a)

An appeals panel shall make findings of fact and a decision based upon the record and on any of the following:

(1)

Written submissions from interested parties prepared for purposes of appeal, and

(2)

The original permit application and associated documentation, and

(3)

Any legislative facts (such as scientific studies) or documented communications the panel deems trenchant relative to material issues in the permit.

(b)

The party requesting an appeal bears the burden of presenting a prima facie case, as state law for civil trials determines that standard under LA COE 308 and 309.

(c)

The standard for review of the local administrator's decision by the appeals panel is whether the decision on the permit application was supported by substantial evidence, as defined by state law. See L.R.S. 49:964.

(d)

Appeals panel decisions are subject to judicial review. Nothing in this provision shall impede other authorized means for review.

(Ord. No. 6273, § 1(17-17.3), 6-28-00)

(a)

The appeals panel shall issue a written decision of a length and depth to enable a court to evaluate the rationale and fundamental facts underlying the decision.

(b)

A copy of the appeals panel's decision shall be provided to each of the interested parties by the local administrator.

(Ord. No. 6273, § 1(18-18.1), 6-28-00)

(a)

The appeals panel hearing appeals of permit decisions on applications for a local CUP in Terrebonne Parish shall be composed of three (3), unbiased members as follows:

(1)

One (1) member representing the Terrebonne Parish Administration. This member shall be the head of the public works department. The administrative alternate shall be the parish engineer. The administrative representative shall serve as chair of the panel.

(2)

One (1) member representing the Terrebonne Parish Council. This member shall be the council chairperson. The council alternate shall be the chairperson of the natural resources subcommittee.

(3)

One (1) member representing the coastal zone management community. This member shall be the Chairman of the Lafourche Parish Coastal Advisory Committee. The CZM community alternate shall be the local administrator of the Lafourche's Local Coastal Program.

(b)

The Terrebonne Parish Council shall appoint members and alternates. Alternates shall serve when members are not available, when their service might pose a conflict of interest, or when there might exist some bias.

(1)

For these purposes, bias may include, but is not limited to interest in the outcome of the appeal or individual prejudice toward an interested party. Bias' must be alleged prior to the convening of the panel.

(c)

Each member of the appeals panel has an equal vote and decisions shall be determined by majority rule.

(Ord. No. 6273, § 1(19-19.2), 6-28-00)

Local representatives including Terrebonne Parish Officials and Terrebonne Parish CZM Advisory Committee Members shall be available on a rotating basis to hear appeals from other parishes as required.

(Ord. No. 6273, § 1(20), 6-28-00)

Members of the appeals panel shall have no outside contact with any interested party regarding a fact in issue without prior notice to the other interested parties.

(Ord. No. 6273, § 1(21), 6-28-00)

(a)

Members of the appeals panel shall not communicate privately with anyone regarding the merits of the appeal without documenting such communication. However communication is allowed with the department of natural resources for reporting information as required for local coastal programs.

(b)

Documentation shall include:

(1)

The date, time, form and location of the communication, and

(2)

The identity of the persons initiating and receiving the communication, and

(3)

A description of the content of the communication.

(c)

Interested parties may review the documentation upon written request to the appeals panel.

(Ord. No. 6273, § 1(22.1-22.2), 6-28-00)

(a)

No appeals panel member shall make, participate in making, or attempt to use in any other way, the position of appeals panel member to influence a decision about which he or she has knowingly had communications required to be documented but that were not documented.

(b)

In addition to any other applicable penalty, an appeals panel member who violates this provision shall be subject to a civil fine, and be barred from participation in the current appeal and all future appeal decisions.

(Ord. No. 6273, § 1(23), 6-28-00)

Any appeals panel member shall withdraw from any adjudicative proceeding in which he or she cannot accord a fair and impartial hearing or consideration.

(1)

Any interested party may request the disqualification of an appeals panel member based on the inability of the member to make a fair and impartial decision by filing an affidavit, upon discovery of the alleged grounds for disqualification. The affidavit shall state with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded.

(a)

The issue of disqualification shall be heard and determined promptly by the parish council, or a designee.

(2)

Upon the disqualification of a member of the appeals panel, a substitute shall be obtained from the pool of local representatives in accord with the rotation schedule when the disqualified member is a local representative.

(Ord. No. 6273, § 1(24-24.2), 6-28-00)

(a)

Review of the decision of the appeals panel by a competent court shall be provided if the following criteria are met:

(1)

Written request is made,

(2)

The request is filed within fifteen (15) calendar days of the appeals panel's final decision in the district court in the parish of the proposed project location,

(3)

The request is made by any interested party who participated in the process before the appeals panel.

(Ord. No. 6273, § 1(25-25.3), 6-28-00)

Judicial review of the appeals panel's decision shall be based on the substantial evidence standard, as defined by state law. See LRS 49:964.

(Ord. No. 6273, § 1(26), 6-28-00)

Nothing in this provision shall impede other authorized means for review.

(Ord. No. 6273, § 1(27), 6-28-00)

(a)

A local CUP shall remain valid for two (2) years after the date of issuance. Local CUP time constraints shall not take precedence over time constraints associated with state or federally issued permits.

(1)

Should a project proponent desire more time, they may seek to either:

a.

Have the permit renewed based on a demonstration that diligent efforts have been made to complete the project within the allotted time but that events beyond the proponent control delayed completion; or

b.

Have the permit issued for a longer period up to one (1) additional year based upon conclusive evidence demonstrating that the local use will extend beyond a year under ordinary circumstances. After three (3) years a new permit must be obtained.

(b)

Variances that include impacts to vegetated wetlands might require a state CUP.

(1)

A variance from the coastal zone management program may be granted when the administrator and a majority of the committee find that:

a.

The property proposed as the site for the project is subject to exceptional circumstances that warrant recognition and special provision; and

b.

The granting of a variance poses no detriment to the coastal zone.

(2)

For purposes of the coastal zone management program, a permit variance shall be treated as any other permit.

(Ord. No. 6273, § 1(28-28.2.2), 6-28-00)

(a)

CUP may be issued as an after-the-fact permit under the following circumstances:

(1)

The activity taken was undertaken in response to an emergency and the Terrebonne Parish CZM Administration was notified as soon as possible of the activity (in accordance with LAC 43:I.723.B.3);

(b)

An after-the-fact permit may be limited in duration at the discretion of the local administrator but shall not exceed the time allocated for issuance of similar CUPs obtained through the normal process.

(c)

Upon discovery and notification of an unpermitted coastal zone activity, an after-the-fact permit must be requested within fifteen (15) calendar days of the activity subject to permitting, at which time the application will proceed as any other application.

(d)

When an after-the-fact permit is issued as part of an enforcement action, additional terms and conditions may be included at the discretion of the local administrator in consideration of circumstances unique to the particular applicant including, but not limited to, fines and reporting requirements to monitor the project. Increased mitigation requirements may be required on or off site over normal permit requirements.

(e)

An applicant for an after-the-fact permit may be required to fulfill conditions in the permit despite completion of the activity or return the area to its pre-emergency state if the application is denied.

(f)

For purposes of the coastal zone management program, an after-the-fact permit shall be treated as any other permit after it is issued.

(Ord. No. 6273, § 1(28.3-28.3.6), 6-28-00)

(a)

By accepting the permit, the applicant agrees to the following:

(1)

To act in accordance with the plans and specifications as contained in the approved application;

(2)

To comply with permit conditions imposed to ensure compliance with the coastal zone management program;

(3)

To adjust, alter, or remove any structure or physical alteration if the local administrator and a majority of the committee determine such action is necessary to achieve compliance with the coastal zone management program;

(4)

To hold the State of Louisiana, Terrebonne Parish, and all officers and employees thereof harmless from any injury to persons or property resulting from actions undertaken to carry out the permit;

(5)

To certify that the permitted activity has been completed in accord with permit or, upon request of the local administrator, provide certification from a licensed professional to that effect;

(6)

To allow reasonable inspection of the project for purposes of monitoring and compliance inspections.

(Ord. No. 6273, § 1(28.4-28.4.6), 6-28-00)

Permits issued by the local administrator may recommend mitigation. Provisions on mitigation shall be read and construed as a whole and in accord with applicable state regulations, L.A.C. Title 43, Part I, Chapter 7, §724, which designate the secretary as the authority responsible for all decisions respecting mitigation pursuant to L.R.S. 49:214.41 (B).

(1)

Consequently, all proposals that meet the parish standards for mitigation detailed below and that are authorized by the local administrator as acceptable mitigation shall be read and construed as a whole and in accord with applicable state regulations, L.A.C. Title 43, Part I, Chapter 7, §724, which designate the secretary as the authority responsible for all decisions respecting mitigation pursuant to L.R.S. 49:214.41 (B).

(2)

Compensatory mitigation is not required in a CUP for an activity that does not have direct and significant coastal zone impacts.

(a)

In a wetland existing in a fastland, or

(b)

In a wetland more than five (5) feet above mean sea level, or

(c)

When an applicant has satisfactorily demonstrated to the secretary that the required mitigation would render impracticable an activity proposed to be permitted and that such activity serves a clearly overriding public interest, and the provisions of L.R.S. 49:214.41 (c) are met.

(3)

Projects exempt from the compensatory mitigation requirements may still be required to include other forms of mitigation or to mitigate for other types of impact(s) under regulations promulgated in accord with L.R.S.49:214.41, such as L.A.C. Title 43 §724 (B)(1)(a) and (b).

(4)

When the permit applicant is not the owner of the mitigation site, the applicant must document the acquisition of mitigation from the owner of the site. Documentation includes, but is not limited to, a receipt for purchase.

(5)

The applicant must also record the acquisition in the Terrebonne Parish Clerk of Court Office and the Terrebonne Parish Coastal Zone Management Office.

(6)

Mitigation may be same kind, or out-of-kind or any other action deemed appropriate to avoid, minimize, restore, or compensate for ecological values lost due to a permitted activity, and has to demonstrate no net loss of wetlands as defined in LAC 43:I.724. et. al.

(Ord. No. 6273, § 1(29-29.6), 6-28-00)

(a)

Public funds cannot be used to subsidize wetland mitigation for private projects.

(1)

If public resources are used in the creation or maintenance of a mitigation project, the applicant and owner of the mitigation site are jointly responsible for reimbursing the parish for the fair market value of its costs, including the reasonable worth of time expended by government employees, in order to comply with this prohibition.

(Ord. No. 6273, § 1(30-30.1), 6-28-00)

One of the primary objectives of mitigation is to ensure the continuance of valuable wetland functions in the watershed ecosystem and coastal zone.

(1)

Under most circumstances, this objective is achieved by compensatory mitigation that replaces wetlands lost with the same type of wetlands, same-kind mitigation.

(a)

If an applicant can demonstrate and document the functions will be sustained within the watershed by another type of wetland, the local administrator has discretion to allow out-of-kind mitigation.

(b)

Out-of-kind mitigation, when allowed, may require altering the ratio of wetlands-lost to wetlands-created.

(c)

The proposed mitigation site shall be located adjacent to lands that will not adversely affect the continued viability of the mitigation project due to unsuitable land uses or conditions and be located within the coastal zone.

(2)

Under most circumstances, this objective is achieved by replacing wetlands lost with wetlands in the same service area, equivalent to the U.S.G.S. cataloging units defined in the Hydrologic Unit Map of the United States (U.S.G.S. 1980) or its successors.

(a)

Priority exists for avoiding wetland loss or degradation of functions as part of a specific project. Avoidance includes, but is not limited to, relocating, minimizing or reducing the project.

(b)

When all means to avoid loss or degradation have been exhausted and loss or degradation of wetlands remains, on-site mitigation is the next preferred option for projects within the parish. On-site mitigation ensures wetland functions remain within the watershed and the parish.

(c)

The local administrator may allow off-site mitigation even if on-site mitigation is available, if the applicant demonstrates the following:

1.

Restoration of other areas would be scientifically justified by hydrological or ecological priorities and,

2.

Greater consistency with the Environmental Management Unit (EMU), or where EMU's are outdated or nonexistent with the overall Coast 2050 plan for the region, considering cumulative effects.

(d)

This section does not authorize mitigation credit for work done in another watershed or drainage system.

(e)

Priority exists for those sites which may be restored and enhanced. This allows uplands and wetlands to remain as intact ecosystems rather than altering landscapes to create wetlands where none formerly existed and promotes self-sufficient, low-maintenance mitigation projects.

(f)

Priority is given to those mitigation sites within Terrebonne Parish when more than one (1) equally viable site exists. Mitigation cannot be denied solely on the basis that it will occur outside the parish boundaries when the ecologically established service unit boundaries do not coincide with the politically established parish boundaries.

(3)

Under most circumstances, this goal is met by physical alterations to landscapes. However, monetary contributions equal to the cost of creating these physical alterations, fee-in-lieu banking, may be appropriate if the local administrator documents that each of the following conditions is met:

(a)

The funds are requested pursuant to L.A.C. Title 43, Part 1, Chapter 7, §724, in particular, subsection 1;

(b)

The funds are dedicated to a specific project under one (1) permit number or apportioned among several specific projects covered by permits with separate numbers;

(c)

The specific project is planned and approved but may not be completed until after wetland draining or filling occurs;

(d)

Circumstances beyond the control of the applicant (such as weather) prevent replacement of wetlands prior to or concurrent with the project;

(e)

No mitigation alternative meeting the standards of L.A.C. Title 43, Part 1, Chapter 7, §724 and the local priorities expressed in this article exists; and

(f)

A trust account has been established at a local bank with the name and contact information of the trustee provided to the local administrator.

(Ord. No. 6273, § 1(31-31.3.6), 6-28-00)

Failure of the specific project to be completed within reasonable time results in a forfeiture of the fee-in-lieu funds to the Louisiana Wetlands Conservation and Restoration Fund, or the Terrebonne Parish Wetlands Conservation and Restoration Funds when applicable; funds cannot be transferred to different projects after initial dedication to a specific project.

Failure to properly manage and account for fee-in-lieu contributions will result in the forfeiture of all such contributions to the Louisiana Wetlands Conservation and Restoration Fund, or the Terrebonne Parish Wetlands Conservation and Restoration Fund when applicable, in addition to any appropriate legal action authorized under this section and other local, state, or federal law.

(1)

Interest which accrues on these contributions may not revert to the parish general fund but may be used by the local administrator for periodic public education on wetlands conservation and restoration, wetlands restoration projects, and other wetlands-related activities.

(2)

Yearly reports of fee-in-lieu contributions, and the corresponding uses to which they have been put, shall be published in the state register. At minimum, this report shall include the amount and type of the contribution, the name of the donor, the name, address, permit number and description of the project to which the contribution was applied, and the permit number and description of the project for which the contribution served as mitigation.

(3)

The contributions must be kept in a trust account, the books for which are to be open for public review at all times and audited in accord with state procedures for public assets.

(4)

Withdrawal of assets from the trust account requires the signatures of the local administrator, a designated community member who has no pecuniary interest in the project, and a representative of the DNR.

(Ord. No. 6273, § 1(32-33.4), 6-28-00)

Payment schedule, values, credits, and ratios are to be determined in accord with L.A.C. Title 43, Part 1, Chapter 7, §724.C, F. G. H. I and J.

(1)

These determinations may be made by either the local administrator or the DNR. Fees in lieu in Terrebonne Parish shall be two thousand dollars ($2000.00) per acre minimum.

(2)

When made by the local administrator, they are subject to review by DNR.

(Ord. No. 6273, § 1(34-34.2), 6-28-00)

(a)

In determining whether proposed mitigation is acceptable, the local administrator shall consider the cumulative impacts on surface water and wetlands within the same drainage basin as:

(1)

The activity for which the permit is sought,

(2)

Existing projects or those under construction, and

(3)

Activities which are under permit review, approved, or vested, or other activities requiring a coastal use permit which may reasonably be expected to be located within surface waters or wetlands in the same drainage basin based on plans existing at the time of consideration.

(Ord. No. 6273, § 1(35-35.3), 6-28-00)

(a)

When any activity authorized by a permit issued pursuant to this chapter is conditioned upon compensatory mitigation, the applicant may be permitted to satisfy all or part of such mitigation requirements by the purchase of credits from any wetlands mitigation bank that has been approved and is operating in accordance with applicable federal and state guidance so long as:

(1)

The bank is in the same U.S.G.S. cataloging unit or a unit within the same watershed as the impacted site when catalog units would allow mitigation to occur outside the coastal zone. Any mitigation occurring outside of the conservation plan boundary must demonstrate benefits to coastal waters;

(2)

The bank is ecologically preferable to other mitigation options;

(3)

Financial assurance exists for the long-term maintenance of the bank.

(Ord. No. 6273, § 1(36-36.3), 6-28-00)

Each mitigation bank proposed to be located within the boundaries of the parish must demonstrate adequate, dedicated financial surety exists to provide for the land management and hydrological maintenance of lands operated as mitigation banks for a period of at least twenty (20) years for marsh habitat and fifty (50) years for forested wetlands to prevent public, parish funds from being used to maintain private mitigation projects.

This includes financial surety in the event of a natural disaster or manmade activity that impairs the functioning of the wetland and may be achieved by obtaining insurance, posting a bond, establishing a trust or a similar arrangement which satisfies both the local administrator and DNR (See L.A.C. Title 43 Part I, §724 (F)(7)).

In the event that natural forces result in the former wetland becoming open water, financial surety shall provide for the establishment of a comparable wetland site at another appropriate location.

(Ord. No. 6273, § 1(37-37.2), 6-28-00)

(a)

A failure of performance in accordance with this article, other applicable law, or the terms of the mitigation bank approval document will result in one (1) or more of following:

(1)

Revocation of the authority to use these mitigation banking credits to satisfy mitigation requirements within the parish;

(2)

Forfeiture of any remaining funds in the banking project to the Louisiana Wetlands Conservation and Restoration Fund, or the Terrebonne Parish Wetlands and Conservation Fund when applicable;

(Ord. No. 6273, § 1(38-38.2), 6-28-00)

(a)

The establishment of any mitigation bank site within the parish, for parish use only requires the signature of the local administrator and of a DNR representative on the agreement. In addition to requirements outlined in L.A.C. Title 43, Part 1, Chapter 7, §724, the agreement must also contain, at minimum, the following items:

(1)

Identification of the site, including legal property description, acreage, types and location of existing wetlands within the boundaries of the bank site;

(2)

An agreement by each of the concerned government agencies that all new, successfully created wetland acreage shall qualify on a case by case basis to be credited against the approved removal or fill of wetlands located in the qualifying area;

(3)

Acknowledgment by each of the concerned governmental agencies that the proposed bank is consistent with both federal, state and local guidelines regarding mitigation and mitigation banks;

(4)

Provisions obligating the operator to do the following:

a.

Maintain all wetland habitat within the bank in optimum condition for as long as the impacts mitigated by the site are in existence, as well as the terms of mitigation banking agreements shall be in accord with L.A.C. Title 43, Part 1, Chapter 7, §724.

b.

Obtain insurance or establish a trust or bond in favor of Terrebonne Parish that provides sufficient funds to ensure administration, protection, operation, and maintenance of the wetland habitat acreage, functions and values at the bank site for the life of the bank, if the operator defaults in performing the duties required by federal, state, and local guidelines and a memorandum of understanding; and

c.

Regularly monitor to demonstrate achievement of the desired wetland functions; and

d.

Provides for public notice and comment on the project.

(Ord. No. 6273, § 1(39-39.4.4), 6-28-00)

Breach of an agreement shall be determined by an administrative hearing, subject to judicial review, and in accord with Louisiana's administrative procedure.

(Ord. No. 6273, § 1(40), 6-28-00)

No credit shall be given for habitat values or functions that existed prior to the establishment of the bank.

(Ord. No. 6273, § 1(41), 6-28-00)

(a)

When establishing the price of a mitigation credit, at minimum, the following factors should be incorporated into the decision:

(1)

Land costs, including reasonable interest cost of holding the land;

(2)

Wetland creation, restoration, or enhancement costs;

(3)

Wetland administration, maintenance, and protection costs;

(4)

Annual taxes, including all tax increases and in-lieu payments;

(5)

Costs incurred and direct costs of monitoring and oversight;

(6)

Insurance premiums or trust account administrative costs for the protection of the site improvements;

(7)

All costs incurred by the state and parish government relative to the mitigation bank.

(Ord. No. 6273, § 1(42-42.7), 6-28-00)

(a)

Criteria to be considered and addressed in the permitting of a mitigation bank include the following:

(1)

Historical wetland trends, including estimated rate of current and future loses;

(2)

Projected plan for the coastal zone as embodied in EMU's, or the Coast 2050 plan where EMU's are non-existent or outdated;

(3)

The contributions of the wetlands to;

a.

Wildlife, migratory birds and resident species

b.

Commercial and sport fisheries

c.

Surface and groundwater quality and quantity

d.

Flood moderation

e.

Habitat and species diversity

f.

Outdoor recreation, including enhancement of scenic waterways.

(Ord. No. 6273, § 1(43-43.3.6), 6-28-00)

If significant disparity between actual and anticipated functions and values of wetlands exists, the local administrator shall suspend the withdrawal of credits from that mitigation site at least until the resolution of action by the local administrator under sections 44 and 46 of this article, or action by DNR under Title 43 Part I §724 (F)(9).

(Ord. No. 6273, § 1(44), 6-28-00)

(a)

Actions by the local administrator respecting wetlands mitigation banks and wetland mitigation areas (allowed by LAC 43:I.724(E)(e), may include the following:

(1)

Authorizing or making a continuing study of wetland areas, wetland mitigation programs, and initiating pilot restoration projects that meet the requirements of the Louisiana Coastal Restoration Program objectives;

(2)

Consulting with, providing information to, and entering into an agreement with a federal, state, or local agency, private entity, individual, or educational institution or university to identify and publish information concerning wetland areas;

(3)

Cooperating with a federal or state agency in connection with a study or investigation regarding the adequacy of a local measure with respect to a federal or state wetland program;

(4)

Improving the long-range management or use of wetlands or a wetland mitigation bank or mitigation area;

(5)

Purchasing, leasing, or otherwise acquiring property inside the parish that is necessary for a wetland mitigation bank, wetland mitigation area, or a buffer zone and, as necessary, improving the land or other property as a wetland mitigation bank or wetland mitigation area, including any adjacent buffer zone;

(6)

Requesting or receiving aid from a federal, state, or local agency, private entity, individual, or educational institution or university;

(7)

Purchasing, selling, or contracting to purchase or sell a mitigation credit in a mitigation bank or mitigation area;

(8)

Incurring a liability or borrowing money on terms approved by the Terrebonne Parish Council;

(9)

Acquiring, holding, using, leasing, or disposing of real or personal property, including a license, patent, right or interest, that is necessary, convenient, or useful for the full exercise of a power under this chapter;

(10)

Contracting with any operator or owner to use or operate any part of a mitigation bank or mitigation area;

(11)

Procuring any type of insurance and paying an insurance premium in an amount the governing body of the eligible political subdivision considers necessary or advisable;

(12)

Administering a fee-in-lieu and in-kind contribution trust fund.

(Ord. No. 6273, § 1(45-45.12), 6-28-00)

(a)

Each violation of an individually named condition of a permit or order and each day a violation continues constitutes a separate violation. A fine of five hundred dollars ($500.00) (L.R.S. 33:1243), plus attorney & collection fees, per offense per day may be assessed by the Terrebonne Parish Coastal Zone Management Administrator, subject to Coastal Zone Management Advisory Committee approval. Such fines will be in addition to fines imposed by other government agencies. Monetary proceeds from such violations will be utilized by the TPCG CZM Office.

(b)

Enforcement actions may be initiated in any of three (3) ways; as a part of:

(1)

Investigation and monitoring as a matter of course under L.R.S. 49:214.36(A);

(2)

Referrals from other agencies; or

(3)

Complaints from individuals or groups.

(c)

Every effort is made to use the investigation and monitoring to correct deficiencies in site compliance whenever possible.

(1)

The inspection shall include a routine inspection form, examination of specialized provisions in the permit, photographs, videographics, and notes or other documentation developed during the permit process.

(2)

Should compliance fail to be achieved or if the inspecting official deems a violation serious enough to warrant enforcement —considering the gravity of the violation and the actor's compliance history —the violation may be deemed either non-compliance or significant non-compliance.

a.

Significant non-compliance exists when the violation poses an imminent threat to the public welfare, is egregious in nature or results from action by a person that has been in violation of the coastal management program within the preceding two (2) year(s); in these instances, a cease and desist order shall be issued promptly by the local administrator.

b.

Non-compliance exists when the violation is of a minor nature or can be remedied without significant hardship; in these instances, a letter of warning shall be issued promptly by the local administrator.

c.

A letter of warning describes the observations of the inspector, identifies the corrective actions that may be taken to come into compliance, provides a date by which the actions must be made, identifies the provisions of the coastal zone management program in violation and is signed by the inspector.

d.

A letter of warning must be sent by certified mail to the permit applicant or record owner of the property when no permit exists.

(3)

The inspector shall investigate the response. After examining the timeliness, completeness, documents, and any meetings or interviews necessary, the inspector determines whether or not compliance has been achieved.

(Ord. No. 6273, § 1(46-46.3.3), 6-28-00)

(a)

After receiving a referral of notice of a possible violation from a federal, state, or local official, the local administrator shall promptly take whatever investigatory actions are necessary in order to ascertain whether or not a violation does in fact exist.

(b)

When a violation does not exist, the local administrator shall inform the agency official who made the referral of such in writing.

(c)

If the inspecting official deems a violation serious enough to warrant enforcement considering the gravity of the violation and the actor's compliance history, the violation may be deemed either non-compliance or significant non-compliance.

(1)

Significant non-compliance exists when the violation poses an imminent threat to the public welfare, is egregious in nature or results from action by a person that has been in violation of the coastal management program within the preceding two (2) year(s); in these instances, a cease and desist order shall be issued promptly by the local administrator.

(2)

Non-compliance exists when the violation is of a minor nature or can be remedied without significant hardship; in these instances, a letter of warning shall be issued promptly by the local administrator.

a.

A letter of warning describes the observations of the inspector, identifies the corrective actions that may be taken to come into compliance, provides a date by which the actions must be made, identifies the provisions of the Coastal Zone Management Program in violation, and is signed by the inspector.

b.

A letter of warning must be sent by certified mail to the permit applicant or record owner of the property when no permit exists.

(d)

The inspector shall investigate the response to any notice of violation. After examining the timeliness, completeness, documents, and any meetings or interviews necessary, the inspector determines whether or not compliance exists.

(1)

When compliance does not exist, the local administrator shall issue a cease and desist order. If a cease and desist order has already been issued, the local administrator may suspend, revoke, or modify a coastal use permit or bring injunctive, declaratory or other actions necessary to enforce the article.

(Ord. No. 6273, § 1(46.4-46.4.4.1), 6-28-00)

(a)

All complaints will be directed to a Terrebonne Parish CZM official to determine whether or not a violation exists or make a referral.

(b)

If the inspecting official deems a violation serious enough to warrant enforcement; considering the gravity of the violation and the actor's compliance history, the violation may be deemed either non-compliance or significant non-compliance.

(1)

Significant non-compliance exists when the violation poses an imminent threat to the public welfare, is egregious in nature or results from action by a person that has been in violation of the coastal management program within the preceding two (2) year(s); in these instances, a cease and desist order shall be issued promptly by the local administrator.

(2)

Non-compliance exists when the violation is of a minor nature or can be remedied without significant hardship; in these instances, a letter of warning shall be issued promptly by the local administrator.

a.

A letter of warning describes the observations of the inspector, identifies the corrective actions that may be taken to come into compliance, provides a date by which the actions must be made, identifies the provisions of the coastal zone management program in violation, and is signed by the inspector.

b.

A letter of warning must be sent by certified mail to the permit applicant or record owner of the property when no permit exists.

(c)

The inspector shall investigate the response. After examining the timeliness, completeness, documents, and any meetings or interviews necessary, the inspector determines whether or not compliance exists.

(1)

When compliance does not exist, the local administrator shall issue a cease and desist order. If a cease and desist order has already been issued, the local administrator may suspend, revoke, or modify a coastal use permit or bring injunctive, declaratory or other actions necessary to enforce the article.

(Ord. No. 6273, § 1(46.5-46.5.3.1), 6-28-00)

(a)

In addition to any other information required by Terrebonne Parish or state law, a cease and desist order shall contain the following:

(1)

A concise statement of the facts alleged to constitute a violation;

(2)

A statement of the amount of the potential penalties for violating the cease and desist order;

(3)

A copy of the regulation, permit, order, statute or other legal provision applicable;

(4)

Information enabling the recipient to contact the local administrator; and

(5)

Information on how the recipient may obtain a hearing to contest the cease and desist order.

(b)

A recipient of a cease and desist order may challenge the validity of the order in the Terrebonne Parish District Court.

(Ord. No. 6273, § 1(46.6-46.7), 6-28-00)

(a)

To perform the duties required under this article, Terrebonne Parish personnel may enter upon any land and make examinations in accord with R.S. 49:214.36(A) and 28.4.6 of the article, provided that:

(1)

A warrant is obtained, or

(2)

The examinations do not interfere with the use of the land by its owners or possessors, and

(3)

Prior to inspection the owner or possessor of the land is informed that an inspection is to take place and allowed to accompany the inspector if they so desire.

(b)

Relief available for violation of the coastal zone management program is governed by R.S. 49:214.36(E)—(N).

(c)

Pursuit of remedies and enforcement actions taken under this article in no way preclude seeking any other applicable remedy or enforcement action available.

(d)

Notwithstanding anything to the contrary in the Parish Code, the Parish President shall not dismiss and/or settle the current lawsuits referenced herein, TPCG vs. Louisiana Department of Natural Resources, et al, Docket No. 185576(E) and Terrebonne Parish Consolidated Government vs. Duval, Funderburk, Sunbery, Richard, & Watkins, APLC, et al, Docket No. 188363(E), without first receiving approval from a two-thirds majority of the parish councils voting membership, whether present or not present at a Parish Council meeting.

(e)

Notwithstanding anything to the contrary in the parish Code, the parish president shall first receive approval from a two-thirds majority of the parish councils voting membership, whether present or not present at a parish council meeting, before pursuing any claims, filing lawsuit(s), pursuing settlements of unfiled claims, or settling of unfiled claims under any theory of law arising from State and Local Coastal Resources Management Act, R.S. 49:214.21 et seq. against any person(s) whether natural or juridical, neither directly nor indirectly, whether through attorneys, experts, consultants, or otherwise.

(Ord. No. 6273, § 1(46.8-46.10), 6-28-00; Ord. No. 9540, § I, 12-13-23)

Funds collected for violations in Terrebonne Parish shall be maintained in a "Coastal Monitoring Enforcement Fund." These monies, including interest accruing thereon, shall be used by Terrebonne Parish CZM Office for the cost of providing aircraft overflights or boat use for coastal monitoring and similar surveillance and enforcement activities conducted by Terrebonne Parish CZM Office, as well as for purposes designated by the TPCG CZM Advisory Committee to be used for the enhancement of the Terrebonne Parish CZM program.

(Ord. No. 6273, § 1(46.11), 6-28-00)