SCENIC RIVERS

Bayou Dorcheat                                                     Photo by Lane Merritt, Cotton Valley

Additionally, whether a person owns land adjacent to a Scenic River or not, he or she may wish to contribute to the effort by making a donation to the Scenic Rivers Fund. The money in this fund can only be used for the acquisition of servitudes, education, and the monitoring and enforcement of the provisions of the Scenic Rivers Act.

If these rivers are to be adequately protected, public involvement and support are crucial. Individuals and communities can help by using these rivers and their adjacent lands in responsible ways, initiating river cleanup projects, and by reporting conditions or activities that threaten these rivers to the Louisiana Natural and Scenic Rivers Program at (318) 343-4045.

Perhaps the greatest contribution that any of us can make is to simply spend time on these beautiful streams, rivers and bayous so that we can develop a genuine appreciation for their integral roles in our way of life and quality of life in Louisiana.

PERMIT PROCESS

The Louisiana Legislature has prohibited certain uses on designated watercourses to preserve, protect, develop, reclaim and enhance their natural and scenic qualities (Act 947 of 1988). Prohibited uses are: (1) channelization, (2) channel realignment, (3) clearing and snagging and (4) reservoir construction (impoundment). Clearcutting of trees for commercial purposes within 100 feet of the ordinary low water mark of a designated Natural and Scenic River.

Uses other than those that are prohibited that have potential of causing direct and significant degradation to a Scenic River or its tributaries are regulated by a permit process and multi-agency review by the Department of Wildlife and Fisheries, Department of Environmental Quality, Department of Agriculture and Forestry, Department of Culture, Recreation, Tourism, and the Office of State Planning & Budget, and frequently in collaboration with other State and Federal regulatory agencies. Examples of these include crossings by roads, pipelines and utilities, discharges, mining, piers, bulkheads and other non-conforming structures and activities.

After a complete and sufficient application has been assigned a permit number by the Scenic Rivers Coordinator, the copies are distributed to the review agencies for a full and thorough evaluation of 30 days duration. During this time the coordinator may schedule and make a site inspection. The applicant publishes a description of the proposed use in the official parish journal (update 2006) where the project is located  and in the official state journal, The Advocate, and sends evidence of this to the Coordinator. The public comment period is 45 days and begins with the date of publication in the official state journal.  If there is sufficient interest from the public, a public hearing may be held. The decision by the Administrator (Secretary of the Department of Wildlife and Fisheries) to grant or deny the permit will be made within 15 days after the close of the public comment period or the public hearing (if one is held). Most permits are valid for the useful life of the project, but are invalidated if the permitted activity has not begun within 18 months of permit issuance. Applicants may appeal denial of a permit to the 19th Judicial District Court after an administrative hearing in accordance with the State Administrative Procedure Act.

In serious and urgent situations, the waiting periods for standard permitting procedures may be waived and an emergency permit granted by the Administrator. For these emergency procedures to be applicable, it must be clearly indicated in the application and the site inspection that circumstances are sufficiently dire, through no fault of the applicant, to represent imminent harm to human health or the immediate environment and that those circumstances would significantly worsen during the review period required by standard procedure.


Scenic Rivers Permit Application