Louisiana Revised Statutes 56:1840
Part II. Natural and Scenic Rivers System
§1840. Short title
§1841. Policies; purposes
§1842. Definitions
§1843. Administrator; duties and powers
§1844. Scenic Rivers Fund
§1845. Nomination, recommendation, designation, and
declassification of natural and scenic rivers; legislative funding
§1846. Management plan
§1847. Natural and scenic rivers
§1848. Planning considerations
§1849. Evaluation and permitting
§1850. Rules and regulations
§1851. Penalties and enforcement
§1852. Privately owned streams; copies of rules
§1853. Prohibited uses
§1854. Commercial cutting of trees
§1855. Exceptions
§1856. Historic and scenic rivers
§1840. Short title
This Part shall be known and may be cited as the "Louisiana
Scenic Rivers Act".
Acts 1988, No. 947,§ 1, eff. July 27, 1988.
§1841. Policies; purposes
A. The Legislature of Louisiana hereby finds that there exist in
Louisiana many unique and diverse free-flowing rivers, streams, and
bayous which should be preserved, protected, and enhanced for the
present and future benefit of Louisiana citizens. In order to assist
in fulfilling its duties to protect, conserve, and replenish the
natural resources of this state in accordance with Louisiana
Constitution Article IX, Section 1, the legislature does hereby
establish the Louisiana Natural and Scenic Rivers System.
B.(1) This system shall be administered for the purposes of
preserving, protecting, developing, reclaiming, and enhancing the
wilderness qualities, scenic beauties, and ecological regime of
certain free-flowing streams or segments thereof.
(2) This system shall further be administered for
the purpose of preserving aesthetic, scenic, recreational, fish,
wildlife, ecological, archaeological, geological, botanical, and
other natural and physical features and resources found along these
streams or segments thereof.
Acts 1970, No. 398,§ 1; Acts 1981, No. 736,§ 1; Acts 1982,
No. 267,§ 1; Acts 1988, No. 947,§ 1, eff. July 27, 1988.
§1842. Definitions
Unless otherwise indicated herein, the terms used in this Part
shall mean the following:
(1) "System" means the Louisiana
Natural and Scenic Rivers System.
(2) "Administrator" means the secretary
of the Department of Wildlife and Fisheries.
(3) "Natural and scenic river" means a
river, stream, or bayou or segment thereof that has been designated
as part of the Louisiana Natural and Scenic Rivers System in
accordance with the provisions of this Part and the rules and
regulations adopted pursuant thereto.
(4) "Scenic servitude" means a contract
between the adjacent riparian landowner and the system administrator
which shall be in the nature of a development agreement for the
purpose of preserving the natural state of the landscape through
mutual agreement on the activities which might affect the natural
landscape.
(5) "Surface servitude" means a
contract between the stream owner and the system administrator which
shall relieve the landowner of liabilities and assure the public of
access and use of the stream surface.
(6) "Channelization" means the practice
of changing a natural stream, or segment thereof, into a man-made
ditch or canal with channels of a relatively uniform width and depth
usually necessitating the removal of trees and other woody
vegetation adjacent to the stream and constructed for the purpose of
accelerating runoff.
(7) "Clearing and snagging" means the
practice of removing most obstructions, trees, snags, and other
impediments that retard the natural stream flow.
(8) "Channel realignment" means the
practice by which dredging, ditching, or other means are used to
shorten or reroute the natural stream course.
(9) "Historic and scenic river" means a
river, stream, or bayou or segment thereof which because of its
unique historical status and scenic character requires protection
and preservation of its aesthetic, scenic, recreation, fish,
wildlife, ecological, archaeological, geological, botanical, and
other natural and physical features.
(10) "Reservoir construction" means any
permanent dam or impoundment which alters the shoreline of a natural
and scenic river.
(11) "River" includes rivers, streams,
bayous, and segments thereof and their waters and generally those
bodies of water having the characteristics of rivers, streams, and
bayous.
(12) "Normal activities" means those
activities on lands that do not directly and significantly degrade
the ecological integrity of a natural and scenic river.
Added by Acts 1970, No. 398,§ 1. Amended by Acts
1981, No. 736,§ 1; Acts 1988, No. 947,§ 1, eff. July 27, 1988.
§1843. Administrator; duties and powers
[omitted]
§1844. Scenic Rivers Fund
[omitted]
§1845. Nomination, recommendation, designation, and
declassification of natural and scenic rivers; legislative funding
[omitted]
§1846. Management plan
[omitted]
§1847. Natural and scenic rivers
The following rivers or designated segments thereof are hereby
designated as being natural and scenic rivers:
(1) Pushepatapa Creek - Washington - From where
East Fork and West Fork join near state line to where it breaks up
prior to its entrance into the Pearl River.
(2) Bogue Chitto River - Washington, St. Tammany
- From the Louisiana-Mississippi state line to its entrance into the
Pearl River Navigation Canal.
(3) Tchefuncte River and its tributaries -
Washington, Tangipahoa, St. Tammany - From its origin in Tangipahoa
Parish to its juncture with the Bogue Falaya River.
(4) Tangipahoa - Tangipahoa - From the
Louisiana-Mississippi state line to the I-12 crossing.
(5) (Blank)
(6) Tickfaw River - St. Helena - From the
Louisiana-Mississippi state line to La. Hwy. 42.
(7) Amite River-East Feliciana-From the
Louisiana-Mississippi state line to the permanent pool level of the
Darlington Reservoir; and from the Darlington Reservoir Dam to La.
Hwy. 37; provided that the portion of the Amite River from the
Louisiana-Mississippi state line to La. Hwy. 37 shall remain within
the Natural and Scenic Rivers System until the issuance of a permit
by the U.S. Army Corps of Engineers issued pursuant to 33 U.S.C.
1344 and 33 C.F.R. 232; provided, that if the Darlington Reservoir
and dam are not approved and funded no later than September 1, 1997,
the portion of the Amite River within the Natural and Scenic Rivers
System shall be as follows: From the Louisiana-Mississippi state
line to La. Hwy. 37.
(8) Comite River - East Feliciana, East Baton
Rouge - From the Wilson-Clinton Hwy. in East Feliciana Parish to the
entrance of White Bayou in East Baton Rouge Parish.
(9) Blind River - St. James, Ascension,
Livingston, St. John - From its origin in St. James Parish to its
entrance into Lake Maurepas.
(10) Bayou Des Allemands - Lafourche, St. Charles
- From Lac Des Allemands to Lake Salvador.
(11) Whiskey Chitto Creek - Allen - From the
Beauregard Parish line to its entrance into the Calcasieu River.
(12) Six Mile Creek - Allen, Vernon - Includes
the East and West Forks and beginning at the boundary of Fort Polk
Military Reservation (Lookout Road) and extending south through
Vernon and Allen Parishes to its entrance into Whiskey Chitto Creek.
(13) Ten Mile Creek - Rapides, Allen, Vernon -
From the boundary of Fort Polk Military Reservation (Lookout Road)
through Vernon Parish and all of that portion of said creek lying
within the boundaries of Rapides and Allen Parishes.
(14) Little River - Rapides, Grant, Catahoula,
LaSalle - From the juncture of Dugdemona and Castor Creek to its
entrance into Catahoula Lake.
(15) Big Creek - Grant - From Hwy. 165 in Grant
Parish to its entrance into Little River; provided, however, that,
notwithstanding any other law to the contrary, the excluded portion
of Big Creek from Hwy. 165 to Hwy. 167 in Grant Parish shall remain
within the Natural and Scenic Rivers System until issuance of a
permit by the U.S. Army Corps of Engineers issued pursuant to 33
U.S.C. 1344 and 33 C.F.R. 232; provided that if a reservoir and dam
are not approved and funded as to the excluded portion of Big Creek
from Hwy. 165 to Hwy. 167 in Grant Parish no later than September 1,
1997, that portion of Big Creek within the Natural and Scenic Rivers
System shall be as follows: From Hwy. 167 to its entrance into
Little River.
(16) Fish Creek - Grant - From its origin near
Williana to its entrance into Little River.
(17) Trout Creek - LaSalle - From its origin near
Hwy. 8 to its entrance into Little River.
(18) Bayou Bartholomew - Morehouse - From the
Louisiana-Arkansas state line to Dead Bayou.
(19) Bayou L'Outre - Ouachita, Union - From the
Louisiana-Arkansas state line to its entrance into the Ouachita
River.
(20) Bayou D'Arbonne - Union, Ouachita - From the
Lake D'Arbonne dam to its entrance into the Ouachita River.
(21) Corney Bayou - Claiborne, Union - From the
Louisiana-Arkansas state line to Corney Lake and Corney Lake Dam to
Lake D'Arbonne.
(22) Middle Fork of Bayou D'Arbonne - Claiborne,
Union From its origin near La. Hwy. 2 alternate to Lake D'Arbonne.
Notwithstanding any other law to the contrary, however, that portion
of the bayou located in Sections 19, 20, 21, and 28 of Township 23
North, Range 7 West in Claiborne Parish shall not be a natural and
scenic river; provided however, if a reservoir and dam in said
portion of the bayou are not approved, funded, and under
construction by September 1, 1995, said portion of the bayou shall
be a natural and scenic river.
(23) Saline Bayou - Bienville, Winn, Natchitoches
- From its origin near Arcadia to La. Hwy. 156 in Winn Parish.
(24) Black Lake Bayou - Red River, Winn,
Bienville - From the Webster-Bienville parish line to Black Lake in
Natchitoches Parish.
(25) Bayou Kisatchie - Natchitoches - From its
entrance into Kisatchie National Forest to its entrance into Old
River.
(26) Spring Creek - Rapides - From Otis to
Cocodrie Lake in Rapides Parish.
(27) Saline Bayou - Catahoula, LaSalle - From
Saline Lake to Larto Lake.
(28) Repealed by Acts 1993, No. 109, §1, eff.
May 26, 1993.
(29) Bayou Cocodrie - Concordia - From Wild Cow
Bayou to Little Cross Bayou.
(30) Bayou Cocodrie - Rapides, Evangeline - From
U.S. Hwy. 167 to the Bayou Boeuf-Cocodrie Diversion Canal.
(31) West Pearl River - Washington, St. Tammany -
From the state line to its entrance into Lake Borgne.
(32) Dorcheat (Dauchite) Bayou - Webster - From
the Arkansas state line to its entrance into Lake Bistineau.
(33) Bayou Trepagnier - St. Charles - From Norco
to where it joins Bayou La Branche.
(34) Bayou La Branche - St. Charles - From its
source to where it drains into Lake Pontchartrain.
(35)(a) Calcasieu River - Vernon, Rapides - From
Louisiana Highway 8 east through Vernon Parish and all of that
portion of said river lying within the boundaries of Rapides Parish.
(b) Calcasieu River - Allen, Jefferson Davis, and
Calcasieu - From the mouth of the Whiskey Chitto River in Allen
Parish, south through Jefferson Davis Parish, and to its
intersection with the Ward Eight Park in Calcasieu Parish.
(36) Bayou Dupre - St. Bernard - From the Lake
Borgne Canal to Terre Beau Bayou.
(37) Lake Borgne Canal - St. Bernard - From the
Forty Arpent Canal to Bayou Dupre.
(38) Bashman Bayou - St. Bernard - From its
origin to Bayou Dupre.
(39) Terre Beau Bayou - St. Bernard - From Bayou
Dupre to the New Canal.
(40) Pirogue Bayou - St. Bernard - From Bayou
Dupre to New Canal.
(41) Bayou Bienvenue - St. Bernard - From Bayou
Villere to Lake Borgne.
(42) Bayou Chaperon - St. Bernard - From its
origin to its end, Sections 22, 23 T 13 S, R 13 E.
(43) Holmes Bayou - St. Tammany - All of that
portion of the bayou lying within the boundaries of St. Tammany
Parish.
(44) Bradley Slough (Bayou) - St. Tammany - All
of that portion of the slough lying within the boundaries of St.
Tammany Parish.
(45) Wilson Slough (Bayou) - St. Tammany - All of
that portion of the slough lying within the boundaries of St.
Tammany Parish.
(46) Morgan River - St. Tammany - From its
juncture with the Porters River to its reentry into the West Pearl
River.
(47) Bayou LaCombe - St. Tammany - From its head
waters to Lake Pontchartrain.
(48) Bayou Cane - St. Tammany - From its head
waters to Lake Pontchartrain.
(49) Tchefuncte River - St. Tammany - From the
Bogue Falaya River to Louisiana Highway No. 22, excluding any
tributaries thereto from the Bogue Falaya south to Louisiana Highway
No. 22.
(50) Pearl Creek - Vernon - From Louisiana
Highway III to its entrance into Sabine River.
(51) Whiskey Chitto Creek - Vernon - From the
boundary of Fort Polk Military Reservation (Lookout Road) to the
Vernon-Beauregard Parish line.
(52) Bogue Falaya River - St. Tammany - the river
from its headwaters to Louisiana Highway 437 in the parish of St.
Tammany.
(53) Ouachita River - Morehouse, Union - from the
north bank of Bayou Bartholomew at its intersection with the
Ouachita River to the Arkansas state line.
(54) Bayou Chinchuba - St. Tammany Parish - From
the West Causeway approach south to Lake Pontchartrain.
NOTE: PARAGRAPH (55) AS ENACTED BY ACTS 1997, NO. 141, §1,
EFF. JAN. 1, 1998, IF SECRETARY OF DEPT. OF WILDLIFE AND FISHERIES
RECOMMENDS TO LEGISLATURE THAT RIVER BE INCLUDED IN THE NATURAL AND
SCENIC RIVERS SYSTEM:
(55) Abita River in St. Tammany Parish.
(56) Tangipahoa River--Tangipahoa Parish--From
the Interstate 12 crossing to its entrance into Lake Pontchartrain.
(57) Tchefuncte River-St. Tammany-from the
Highway 22 bridge to Lake Pontchartrain.
Added by Acts 1970, No. 398, §1. Amended by Acts 1972, No.
352, §1; Acts 1972, No. 590, §1; Acts 1973, No. 85, §1; Acts
1974, No. 146, §1; Acts 1975, No. 213, §1; Acts 1975, No. 655, §1;
Acts 1978, No. 333, §1; Acts 1980, No. 592, §1; Acts 1982, No.
263, §1; Acts 1985, No. 606, §2; Acts 1985, No. 237, §1; Acts
1987, No. 792, §1; Acts 1988, No. 947, §1, eff. July 27, 1988;
Acts 1990, No. 258, §1, eff. July 4, 1990; Acts 1990, No. 310, §1,
eff. July 8, 1990; Acts 1990, No. 311, §1, eff. July 8, 1990; Acts
1991, No. 584, §1; Acts 1991, No. 978, §1; Acts 1992, No. 265, §1;
Acts 1993, No. 109, §1, eff. May 26, 1993; Acts 1993, No. 1039, §1;
Acts 1997, No. 141, §1, eff. Jan. 1, 1998; Acts 1999, No. 491, §1;
Acts 1999, No. 823, §1.
§1848. Planning considerations
[omitted]
§1849. Evaluation and permitting
A. No person shall commence or engage in any activity governed by
this Part or any rule pursuant thereto unless a permit is first
obtained from the administrator.
B.(1) Prior to any final decision on an application for a permit
for those activities that have the potential for significant
ecological degradation, a written evaluation of the application may
be prepared by the administrator in consultation with the Louisiana
State Planning Office, the Department of Environmental Quality, and
the Louisiana Department of Culture, Recreation and Tourism and with
the advice of other agencies that the administrator determines may
have an interest in the permit.
(2) The final decision on an application shall be
in the form of a written report, shall include any required
evaluation, and shall be part of the record of the decision. The
report shall include an evaluation of the criteria provided for in
this Section. The administrator shall give any required evaluation
substantial weight in making the final decision. The administrator
shall provide copies of the report with the Louisiana State Planning
Office, the Department of Environmental Quality, and the Department
of Culture, Recreation and Tourism.
C. The criteria for an evaluation of an application for a permit
shall consider the impact the activity may have on the
characteristics and qualities of the natural and scenic river,
including but not limited to the following:
(1) Wilderness qualities
(2) Scenic values
(3) Ecological regimes
(4) Recreation
(5) Fish and other aquatic life
(6) Wildlife
(7) Historical and archaeological
(8) Geological
(9) Botanical
(10) Water quality as determined by the
Department of Environmental Quality
(11) Cultural
(12) Economics
Acts 1988, No. 947,§ 1, eff. July 27, 1988.
§1850. Rules and regulations
A. The administrator shall have the authority to regulate those
activities that may directly and significantly degrade the
ecological integrity of a natural and scenic river. The
administrator shall adopt rules and regulations pursuant to the
Administrative Procedure Act to implement the purposes and
requirements of this Part and to regulate uses of a natural and
scenic river which may detrimentally affect such natural and scenic
river. Specifically, and not in limitation of the foregoing, such
rules may regulate the following:
(1) Crossings by roads, railroads, pipelines, or
utilities across any natural and scenic river.
(2) Sharing of land and air space by such roads,
railroads, and utilities.
(3) Pollution of waters, with the concurrence of
the Department of Environmental Quality.
(4) Prospecting, drilling, and mining for natural
resources.
(5) Structures and buildings.
(6) Signs or other forms of outdoor advertising
that are visible from waters within a natural and scenic river.
(7) Piers, boat slips, bulkheads, houseboats, and
landings.
(8) Uses, activities, and access.
(9) Littering.
B. Permits granted for crossings by pipelines or utilities or the
sharing of land or air space by such facilities shall be for the
useful life of the facility.
Acts 1988, No. 947,§ 1, eff. July 27, 1988; Acts 1997, No.
492,§ 1; Acts 1999, No. 1269,§ 1, eff. July 12, 1999.
§1851. Penalties and enforcement
A.(1) The administrator may impose a civil penalty of up to one
thousand dollars for each violation of this Part or the rules and
regulations adopted under this Part and the administrator may
suspend, annul, withdraw, or revoke any permit issued pursuant to
this Part for any such violation. Each day on which a violation
occurs shall be a separate offense.
(2) Civil penalties may be assessed and the
suspension, annulment, withdrawal, or revocation of a permit may be
imposed only by a ruling of the administrator based on an
adjudicatory hearing held in accordance with the Administrative
Procedure Act, R.S. 49:950 et seq.
(3) The administrator may institute civil
proceedings to enforce his rulings in the district court for the
parish in which the violation occurs.
B. The administrator may issue cease and desist orders,
compliance orders, and obtain injunctions or other appropriate
relief upon determining that a violation of this Part or rules and
regulations adopted under this Part or agreements made pursuant to
the provisions of this Part has occurred, is occurring, or is about
to occur.
C. Unless otherwise provided by this Part, the following criminal
penalties for a violation of this Part or any rule adopted pursuant
thereto shall be imposed:
(1) For the first offense, the fine shall be not
less than twenty-five dollars nor more than one hundred dollars, or
imprisonment for not more than thirty days, or both.
(2) For a second offense, the fine shall be not
less than seventy-five dollars nor more than two hundred fifty
dollars, or imprisonment for not less than thirty days nor more than
sixty days, or both.
(3) For the third and subsequent offenses, the
fine shall be not less than two hundred dollars, nor more than five
hundred dollars, or imprisonment for not less than thirty days nor
more than ninety days, or both.
Acts 1987, No. 646,§ 1; Acts 1988, No. 947,§ 1, eff. July
27, 1988.
§1852. Privately owned streams; copies of rules
A. Recognizing that some few of the streams recommended for
inclusion as natural and scenic rivers may not be state owned but
owned by adjacent landowners, the state legislature encourages
riparian owners to grant to the system administrator scenic
servitudes and surface servitudes.
B. Except as provided in R.S. 56:1853 and R.S. 56:1854, no
provision of this Part shall restrict the normal activities of
landowners within the boundaries of their own property unless a
mutual agreement has been entered into with the system
administrator.
C. Any interested party, upon written request to the
administrator, shall be provided copies of rules then in effect or
thereafter adopted by the administrator pursuant to the provisions
of this Part.
Added by Acts 1970, No. 398,§ 1; Acts 1988, No. 947,§ 1,
eff. July 27, 1988.
§1853. Prohibited uses
Channelization, clearing and snagging, channel realignment and
reservoir construction of those rivers and streams included within
this system are hereby prohibited. Violations of the provisions of
this Section constitute a class six violation, R.S. 56:36.
Acts 1988, No. 947,§ 1, eff. July 27, 1988; Acts 1999, No.
1269,§ 1, eff. July 12, 1999; Acts 2000, 1st Ex. Sess., No. 54,§
2; Acts 2000, 1st Ex. Sess., No. 80,§ 1.
§1854. Commercial cutting of trees
A. The cutting or harvesting of timber within one hundred feet of
the ordinary low water mark of a natural and scenic or historic and
scenic river provided for in this Part is prohibited except as
follows:
(1) The selective harvesting of trees for
commercial purposes is permitted.
(2) The cutting of trees for the control of
disease or insects is permitted.
(3) The harvesting of timber for personal use by
the person who owns or leases the property is permitted.
B. When trees are cut or harvested, for any purpose, within one
hundred feet of the ordinary low water mark of a natural and scenic
or historic and scenic river provided for in this Part, the person
who owns or leases the property shall be responsible for removing
the tree tops from the river.
C. A violation of the provisions of this Section constitutes a
class two violation, R.S. 56:32.
Acts 1988, No. 947,§ 1, eff. July 27, 1988.
§1855. Exceptions
A. Notwithstanding the provisions of R.S. 56:1847(31), nothing
contained in this Part shall be construed as repealing, superceding,
nullifying, or in any manner whatsoever affecting any power,
authority, or jurisdiction which the U.S. Corps of Engineers has
over the West Pearl River or Bayou Channel in Pointe Coupee Parish
to perform routine maintenance and dredging for navigation and flood
control purposes. In addition nothing contained in this Part shall
prohibit the Department of Wildlife and Fisheries or the state
department having authority over the scenic rivers program from
entering into any contract with a private firm to dredge the West
Pearl River or Bayou Channel in Pointe Coupee Parish for such
purposes.
B. Notwithstanding the provisions of R.S. 56:1847(47) and (49),
nothing contained in this Part shall be construed as repealing,
superceding, nullifying, or in any manner whatsoever affecting any
power, authority, or jurisdiction which the U.S. Corps of Engineers
has over Bayou LaCombe and the Tchefuncte River to perform routine
maintenance and dredging for navigation and flood control purposes.
C. Nothing in this Part shall be deemed or interpreted to limit,
restrict, or repeal any authority granted by law to the Department
of Environmental Quality concerning water quality or the Department
of Health and Hospitals concerning drinking water quality.
D. Notwithstanding any other law to the contrary, particularly
the provisions of this Part, during the period of July 1, 1990
through July 1, 1991, the Sunset Drainage District of St. Charles
Parish may excavate fill material from Petit Lac Des Allemands for
the purpose of enlarging the existing levee within the jurisdiction
of the said drainage district.
E. Notwithstanding any other law to the contrary, particularly
the provisions of this Part, the Water District No. 3 of Rapides
Parish is hereby authorized to repair or replace the Big Creek Dam
in Grant Parish.
F. Notwithstanding the provisions of R.S. 56:1847(8), nothing
contained in this Part shall be construed as repealing, superseding,
nullifying, or, in any manner whatsoever, affecting any power,
authority, or jurisdiction which the U.S. Army Corps of Engineers
has over the Comite River to construct the Comite River Diversion
Canal and related structures, converging with the waterway near
Section 10, Township 5 South, Range 1 East, of the St. Helena
Meridian, for the purpose of flood control.
G. No provision of this Part shall prohibit the construction of a
hurricane protection levee and associated drainage and pumping
facilities within St. Charles Parish that cross Bayou Trepagnier. To
the extent necessary for the construction of such levee, those
portions of Bayou Trepagnier within the right of way of the levee
and to the south of the levee are not subject to the provisions of
this Part.
H. No provision of this Part shall prohibit any public waterworks
district from performing essential repair and maintenance necessary
to maintain normal operations at facilities located on an included
river or stream, if such facilities were in operation at the time of
such river or stream's inclusion into the Natural and Scenic Rivers
system.
I.(1) Notwithstanding other provisions of R.S. 56:1853, snagging
operations for drainage purposes in Bayou Chinchuba may be permitted
by the department. Any such permit shall be issued in accordance
with the requirements and procedures provided for in R.S. 56:1849.
The department shall also consider the impact that the method of
snagging and the type of equipment, proposed to be used by the
applicant, may have on the natural and scenic characteristics and
qualities of the bayou.
(2) No provision of this Chapter shall prohibit the construction
of any bridge across the Bayou Chinchuba.
(3) Except for the prohibition on channelization and channel
realignment provided for by R.S. 56:1853, the provisions of this
Chapter shall not apply to those portions of Bayou Chinchuba that
flow through lands subject to a conservation easement or servitude
with a national or state, nonprofit membership land conservation
organization which preserves the natural and scenic characteristics
and qualities of the bayou in a manner consistent with the purposes
and standards of this Subsection and restricts the harvesting of
timber in accordance with the restrictions provided for in R.S.
56:1854.
(4) Any water quality requirements and water degradation
standards pertaining to Bayou Chinchuba which may be required by
this Chapter shall not be any more stringent than those which were
required for Bayou Chinchuba on January 1, 1993.
(5) For any portion of Bayou Chinchuba in which the bayou has
disbursed and lost its channel, the bayou shall be defined by the
department to be no wider than the average width of the bayou that
is outside of the portion that has disbursed and lost its channel.
In such portions of the bayou, those waters lying outside of the
areas defined by the department shall not be considered to be within
a natural and scenic river for the purposes of this Chapter.
J. Notwithstanding other provisions of R.S. 56:1853, snagging and
dredging operations for drainage purposes in the Tangipahoa River,
from the Interstate 12 crossing to its entrance into Lake
Pontchartrain, may be permitted by the department. Any such permit
shall be issued in accordance with the requirements and procedures
provided for in R.S. 56:1849. The department shall also consider the
impact that the method of snagging and the type of equipment,
proposed to be used by the applicant, may have on the natural and
scenic characteristics and qualities of the river.
K. Notwithstanding any provisions of law or administrative rule
to the contrary, no provision of this Part shall be applicable to
those tracts of land located along the banks of the Tchefuncte River
between Louisiana Highway No. 22 to Lake Pontchartrain which possess
a commercial or suburban agricultural zoning classification granted
by the appropriate local government zoning authority, nor shall the
provisions of this Part be applicable to tracts of land located
along the banks of such sections of the Tchefuncte River and
situated between and in the same ownership as tracts of land which
possess a commercial or a suburban agricultural zoning
classification granted by the appropriate local government zoning
authority.
Acts 1988, No. 947,§ 1, eff. July 27, 1988; Acts 1990, No.
310,§ 2, eff. July 8, 1990; Acts 1990, No. 311,§ 2, eff. July 8,
1990; Acts 1991, No. 399,§ 1, eff. July 10, 1991; Acts 1992, No.
190,§ 1; Acts 1993, No. 437,§ 1, eff. June 19, 1993; Acts 1993,
No. 1039,§ 1; Acts 1999, No. 491,§ 1; Acts 1999, No. 823,§ 1;
Acts 1999, No. 1142,§ 3; Acts 1999, No. 1269,§ 4; Acts 2000, 1st
Ex. Sess., No. 54,§ 1; Acts 2000, 1st Ex. Sess., No. 80,§ 1.
§1856. Historic and scenic rivers
A. The provisions of this Part shall be applicable to those
historic and scenic rivers designated below and full consideration
shall be given to the detrimental effect of any proposed action upon
the historic and scenic character thereof, as well as the benefits
of the proposed use.
B. The following is designated as a historic and scenic river:
Bayou St. John within the boundaries of Orleans Parish.
Acts 1982, No. 267,§ 1; Acts 1988, No. 947,§ 1, eff. July
27, 1988.
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