Frequently Asked Questions (FAQ)

If you are unable to find the answer to your question here, contact our office at OCMInfo@la.gov or 225-342-7591.

 

Last Updated: 11/19/2024

 

 

General Information

What is your business address? 

Mailing Address:

Office of Coastal Management

P.O. Box 44487

Baton Rouge, Louisiana 70804-4487

Physical Address:

Office of Coastal Management
617 North 3rd Street, Suite 1078
Baton Rouge, Louisiana 70802

 

A map and driving directions are also available on our website.

 

What are your business hours?

Our core business hours are 8:00 am - 4:30 pm Monday through Friday.

If you wish to visit with a specific individual please call ahead and schedule an appointment with that person.

 

How can I get a copy of the Coastal Zone map?

You can send your request for a Coastal Zone map to our office at the address/fax number listed above or via e-mail to ocminfo@la.gov. 

What is the Coastal Zone Boundary?

Louisiana's Coastal Zone boundary delineates the area regulated by the Department of Energy and Natural Resources' Office of Coastal Management (OCM) under Louisiana's federally approved coastal zone management program. Louisiana's original Coastal Zone boundary was established by state law in 1978, and was modified by the Louisiana legislature in 1978 and 1980. The inland boundary of Louisiana's Coastal Zone was further modified June 7, 2012, by Act 588 of the legislature. That boundary change was based on the recommendations of a science-based study requested in 2009 by Louisiana Senate Concurrent Resolution 60. As directed by Louisiana's Coastal Protection and Restoration Authority, OCM completed that study with help from private contractors and the LSU Sea Grant Law and Policy Program and input from numerous stakeholders. The study utilized Information on storm surge, geology, elevation, soils, vegetation, predicted subsidence/sea level rise and boundaries of existing coastal programs to identify areas of high coastal influence. The boundary changes required by Act 588 added a net 1,887 square miles to Louisiana's Coastal Zone, an increase of 12.6%.

You can also view the Louisiana Coastal Zone boundary and related information at the following location: http://dnr.louisiana.gov/index.cfm?md=pagebuilder&tmp=home&pid=928.

What is the Conservation Plan Boundary and why does it differ from the Coastal Zone Boundary?

The Conservation Plan Boundary delineates the area in which the State has agreed to ensure that there is no net-loss of vegetated wetlands caused by development projects. This assurance makes the state eligible for a 10% reduction in its cost-share for major coastal restoration projects. It does NOT increase the regulatory jurisdiction of the Coastal Zone Management Program. It differs from the Coastal Zone Boundary in that it is based on an ecological determination of the extent of tidally influenced wetlands.

 

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Coastal Use Permitting

How can I make a comment on a public notice?

All comments must be in writing and submitted to Office of Coastal Management - Permits & Mitigation Division at the addresses/fax number listed above. Comments also can be posted to the record online by using the "Make Comments" link in the application record. To access the application record, search the P# in the coastal use permitting database, and then click the "online" link on the results screen. Note that, to ensure your comments are received by the appropriate analyst, and can be made a part of the record, be sure to include:

Ø The Coastal Use Permit number (P#),
Ø The Applicant's name
Ø The OCM Permit Analyst's name
Ø The Commenter's name and contact information.

Please note that comments not containing commenter name and contact information (phone number, email address and/or complete mailing address) will be disregarded.

How can I access CUP files?

OCM regulatory files, including Coastal Use Permit (P#), Consistency (C#), Enforcement (E#) and Local Coastal Management Programs (P#)) can be viewed through the OCM PermitTrak Database in SONRIS.  Select the appropriate database and use any combination of available search criteria to locate the file(s) of interest.  General information about a specific application can be viewed by clicking the file number link in the search results screen.  The permit file can be accessed by clicking the “Electronic Files” link either in the search results screen or in the database screen.

Hard copy or electronic format of an application file can be obtained from OCM through a public records request.  Please submit your written request to OCMinfo@la.gov.  The files also can be viewed in person, by appointment, at our office in the LaSalle Building, downtown Baton Rouge (617 North Third Street, Baton Rouge, LA 70802).  Arrangements for hard copies can be made when scheduling an appointment.

 

What are uses of “state” concern?

Uses of “state” concern are those regulated activities that have been specifically designated as being appropriate for permitting at the state level as opposed to being regulated by approved local programs. Examples include activities using state or federal funds, being conducted on state waterbottoms or other state property, oil and gas projects, etc.

What are fastlands?

Fastlands are lands surrounded by publicly-owned, maintained, or otherwise validly existing levees or natural formations as of January 1, 1979, or as may be lawfully constructed in the future, which levees or natural formations would naturally prevent activities, not to include the pumping of water for drainage purposes, within the surrounded area from having direct and significant impacts on coastal waters. It is important to note that the lands are not exempt, but activities occurring within levees that do not have a direct or significant impact are exempt. (LAC, Title 43, Part I, Chapter 7, § 700).

How does the permit process work?

In general, an application is submitted which details the location and scope of the proposed work. Office of Coastal Management – Permits & Mitigation Division, which serves as a central collection point for the applications, distributes the applications to interested parties for their review and comment. Office of Coastal Management - Permits & Mitigation Division and the commenting agencies review the application for conformance with programmatic requirements and look for ways of minimizing impacts to coastal resources (e.g., vegetated wetlands, bird rookeries, endangered species, etc.). If necessary, negotiations are entered into to find locations, technologies or methods of implementing the project which will accommodate the needs of the permit applicant while conforming with the mandates of the various state and federal agencies to reduce adverse impacts to coastal resources. Once consensus is reached an appropriately conditioned permit is issued.

How long does it take to obtain a permit?

How long it takes to obtain a permit from the Office of Coastal Management depends on several things, the type of activity, the location of the activity, and the applicant. The following schedules are offered with the assumption that all of the information required by Office of Coastal Management is included in the application and the plats are adequate, clear and legible. For activities that are exempt from permit requirements, the determination is normally issued in under seven days. Projects that are determined to have no direct or significant impacts to coastal resources are issued in 4 to 10 days depending on location. Authorizations for activities that qualify for a General Permit are issued in 10 to 15 days. For those activities that require full public notice, a minimum of 45 days is required. During review of the permit application, for more complex activities, additional information may be requested. The more promptly the applicant can furnish this information the less time it will require to issue the authorization. The requirement for mitigation of wetland impacts is one of the factors that increases the time required for permit application review, as does coordination with other State agencies for activities affecting resources of concern to that agency.

Do I need a permit to . . . .?

In general, if the proposed activity is in the Coastal Zone the safest course of action is to submit an application to Office of Coastal Management - Permits & Mitigation Division for formal review. Even when a proposed activity is not in the Coastal Zone, if it might affect coastal resources, a Consistency determination may be required.

We, and representatives of other state and federal agencies involved in the permit process, are available for pre-application meetings which can provide substantive guidance on what will be required and ways to ease the permit process.  We encourage potential applicants to contact us to arrange a pre-application meeting to expedite the permit process.

Why can’t I fill in all my property?

Both the state and federal laws governing wetland development require that wetlands be conserved to the maximum extent practicable. If you can demonstrate that there is a reasonable need for the use you propose, that there are no other non-wetland or less damaging sites available, and that the entire property is required to fulfill the use, you may be allowed to fill the property in its entirety; however, appropriate mitigation may be required.

If my proposed activity is not in the Coastal Zone, do I still need to send an application to the Office of Coastal Management?

That depends, if you need a formal determination from our agency that the activity is outside of our regulatory jurisdiction (on occasion some other regulatory entity will require a written determination from our office) you will have to submit an application for that written determination.  Additionally, you do need to submit an application if the proposed activity is outside the Coastal Zone, but still may have an impact on coastal lands, water, or resources. Review of the activity will occur through the Consistency process rather than the permit process.

Can I find out if I need a permit without filing an application?

Yes, you can either submit a “Solicitation of Views” (SOV) or a “Request for Determination” (RFD) without having to file a complete application.

If you submit a SOV, you will receive a determination of whether or not your application is situated within the Coastal Zone. SOVs require only the barest of information - perhaps only the project location but also details of what the project entails. We need enough information to determine location and whether the project will have direct and significant impacts to coastal waters. Application fees are waived for SOVs.

If you submit a RFD, you will get a determination of whether or not a permit is required. RFDs require the submittal of a nearly complete application packet, though nonessential information (landowner notification affidavit, adjacent landowner list, etc.) can be omitted. In your application for RFD, please state the reason you believe your project is exempt from permitting.  If a permit is required, your application will be changed to a request for permit. Application fees are not waived for RFDs.

If you are interested in buying a property and are concerned about utilizing it as you wish, some people have found it useful to get a wetland delineation of the property and include a clause in their purchase agreements which allows them to cancel the purchase in the event appropriate permits cannot be obtained in a reasonable amount of time

What is "Site Clearance"?

The term "Site Clearance" is often used to refer to the activities carried out for Site Clearance Verification which is the trawling or side scan sonar activities to locate and remove any objects and obstructions remaining after exploration and/or production, and to verify that the site is clear of such items. More accurately, the term also refers to the work to plug and abandon a well, remove the pilings, structures and pipelines, and occurs prior to Site Clearance Verification. Applicants should be clear as to the terminology since "Site Clearance Verification" does not require a coastal use permit, however "Site Clearance" may require a Coastal Use Permit (CUP). See the next FAQ for guidance as to criteria requiring a CUP application.

Do I need a CUP for Well Plug and Abandon and/or Site Clearance activities?

The actions needed to plug and abandon a well, remove the pilings, structures and pipelines, occur prior to Site Clearance Verification and may require a Coastal Use Permit (CUP). Any dredging necessary for access to the site, including propwashing, requires a CUP application. Any excavation to expose existing flowlines for cutting, capping and abandoning in place or for the removal of any existing structures requires a CUP application. Projects near environmentally or administratively sensitive features must be reviewed and approved by the responsible oversight agency prior to issuance of an authorization to ensure there will be no adverse impacts to such resources. Environmentally and administratively sensitive features include: oyster seed grounds, wildlife management areas, state wetlands restoration projects, Master Plan features, oyster leases, bird rookeries, etc.; or if the project is located within one-quarter mile of a barrier island; located on a chenier, barrier beach, dune, salt dome or similar isolated, raised landform; or there are any impacts to vegetated wetlands (emergent or submergent). An applicant may obtain this approval by contacting each of the appropriate agencies, but the most efficient method to obtain this determination is to submit a CUP application. In many cases plug and abandonment and site clearance activities are determined to be "NDSI" (i.e. have no direct and significant impact on coastal resources), however, an application is necessary to verify whether an NDSI determination is appropriate. If there is no dredging, propwashing, or excavation and no environmentally or administratively sensitive features are impacted, plug and abandon and site clearance activities do not require a CUP application. If pipelines are associated with the well, and were installed after August of 1980 under CUP authorization, the lines are required to be removed, which would require a CUP for such removal. Failure to remove pipelines as required by an Office of Coastal Management authorization is a violation of the State's Coastal Program. Trawling for debris or running side scan sonar during Site Clearance Verification, as required by the LA DENR Office of Conservation, does not require a CUP

What are the permitting requirements for workover and other well maintenance activities?

Well maintenance activities, including workover activities, do not, in and of themselves, require a Coastal Use Permit (CUP), however, any excavation required for access or operations would require a CUP. Additionally, if pilings, shell pads, platforms or other structures are required, those activities require a CUP. Projects near environmentally or administratively sensitive features must be reviewed and approved by the responsible oversight agency prior to issuance of an authorization to ensure there will be no adverse impacts to such resources. Environmentally and administratively sensitive features include: oyster seed grounds, wildlife management areas, state wetlands restoration projects, Master Plan features, oyster leases, bird rookeries, etc.; or if the project is located within one-quarter mile of a barrier island; located on a chenier, barrier beach, dune, salt dome or similar isolated, raised landform; or there are any impacts to vegetated wetlands (emergent or submergent). An applicant may obtain this approval by contacting each of the appropriate agencies, but the most efficient method to obtain this determination is to submit a CUP application. In many cases these are determined to be "NDSI", but a CUP application is necessary to verify this is the case. Please note that if sidetracking an existing well and a new well serial number is required, a new CUP application is necessary prior to applying for the Office of Conservation drilling permit for the new well serial number. For those situations where a drill barge is on an existing location and the side track drilling does not require a new well serial number, then no additional CUP application permit will be required from Office of Coastal Management provided the activities associated with sidetrack drilling do not include additional excavation for access, propwashing, shell pad, or installation of pilings and/or platforms.

I have a mineral lease from the State. Do I need a permit to maintenance dredge a canal?

Yes, all dredge and fill activities in the Coastal Zone require an application for coastal use permit.

Do I need a permit for maintenance activities of my pipeline?

Maintenance activities for pipelines that do not involve impacts to the surface of the ground such as aerial inspections and running smart pigs do not require a permit.  Running smart pigs typically does not require authorization from OCM if the pig will be run from one platform to another; however, any excavations to perform maintenance activities or inspections, lowerings or repairs likely will require an OCM authorization. Clearing the rights-of-way (R-O-Ws) of brush and trees also may require a permit.  If the R-O-W is functioning as a vegetated wetland habitat type and that habitat will be changed or degraded, mitigation may be required.  If the R-O-W is just overgrown and has been maintained, typically a permit is not required; however, tracking of equipment is a concern and may require permitting in some situations.  Any access route that does not include the existing R-O-W will require additional permitting.  If you have questions regarding the necessity for a permit for pipeline maintenance activities please contact the Office of Coastal Management, Permits/Mitigation Division.

What types of permits are there?

Office of Coastal Management issues three types of authorizations:

Some types of coastal activities are exempt from Coastal Use Permits yet still must be consistent with the Louisiana Coastal Resources Program. These activities are reviewed by the Consistency Section of the Office of Coastal Management – Interagency Affairs, Field Services, & Compliance Division.

Is an application required for a General Permit?

Yes, it is necessary to submit a complete application packet to obtain a GP authorization. Copies of the current General Permits are available on the internet. Click here to view the current General Permits.

How do I find out which type of permit I need for an activity?

Office of Coastal Management - Permits & Mitigation Division will determine the type of permit required based on the information you submit to us - don’t worry about trying to make the determination yourself.

Can I submit a permit application to the parish instead of the state?

Yes, if your project is located in a parish with an approved Local Coastal Program (Calcasieu, Cameron, Jefferson, Lafourche, Orleans, Plaquemines, St. Bernard, St. James, St. Tammany or Terrebonne) then you may submit your application to either the approved local program or the state office. If you submit the application to the state office, it will be input into the system and reviewed at that time. If you submit your application to the local parish office, then that office will forward the application to the state office to be input into the system and reviewed. Please allow additional time to receive a response if you choose the latter option.

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CUP Application

How do I get to the application packet on your website?

OCM employs a web-based application process that offers an online permit application, which can be accessed here. Instructions on filling out and completing the application are located throughout. If using a computer to complete and submit an application is not possible, a copy of the application packet can be requested here.  

Can we meet/can you come down and help me fill out the application?

Yes. Someone from our office will be happy to meet with you either at our main office or one of our field offices to assist you with the application. Office of Coastal Management - Permits & Mitigation Division personnel CANNOT fill out the application for you or draw or revise your plats. We can, however, discuss with you the information that needs to be provided. If you are in a parish with an approved local program, their staff members are also available to help you.

 

What do I need to send in with my application for it to be complete?

The application checklist found on the internet here.

This site provides you with a comprehensive list of the basic information/materials required to get the permit review process started. Submittal information includes but is not limited to: an application-fee check, a completed application form, a vicinity map, a detailed plan view, a detailed cross-section view and a landowner notification affidavit will get you started. Additional information, such as a justification and needs assessment, alternatives analysis, mitigation proposal, etc., may be required during processing depending on the specific nature and location of your project.

Who gets the copies of the application?

The application is distributed to the following governing bodies:

  • Office of Coastal Management - Permits & Mitigation Division,
  • Local Parish, 
  • Office of Coastal Management Field Investigator,
  • U.S. Army Corps of Engineers,
  • State Land Office.

How does the Office of Coastal Management protect the information that I provide throughout my Joint Permit Application?

Information provided on the application is used to evaluate the activity that is proposed for permitting, and this information is generally available for inspection and copying by the public, pursuant to the Louisiana Public Records act. There are some limited exceptions to the public records laws to protect certain types of records or information from public inspection. Please contact our office, before you submit any records or information that you would prefer not be available for public inspection or copying. In any case, simply marking a document “CBI” or “confidential business information” will not guarantee that the records or information will be protected from public inspection and copying.

 

How do I figure cubic yardage/ acreage, etc.?

To calculate cubic yards: multiply the length by the width by the depth (in feet) of the area to be dredged or filled and divide by 27.

To calculate acreage: multiply the length by the width (in feet) of the site and divide by 43,560.

What do you mean by the statement "I need to show the mean low and high water levels on my plats?" How can I acquire this information?

Water depths are needed in our evaluation of whether dredging, propwashing, etc. might be needed to access a location. Mean low and mean high water levels help us in that determination. Additionally, this information is critical for activities located along shorelines to determine whether state waterbottoms will be impacted by the project.

For smaller, non-commercial projects - bulkheads, piers, etc. - the applicant is generally familiar enough with the property to give a pretty good indication of where the “average” low and high water lines are without needing outside help - we don’t need scientific accuracy just a good indication based on their experiences. For larger projects, commercial activities or when the applicant does not have a good idea of local conditions the U.S. Army Corps of Engineers can provide tidal data from the closest water level monitoring gauge.

Do I need a surveyed plat of the property?

In most cases surveyed plats are not required; however, the plats that are submitted need to be clear, legible, and reproducible. The plats also need to accurately represent the current conditions of the site and what is proposed. We also require the latitude and longitude and the section, township and range of the proposed activity. Both are required for commercial activities, either is acceptable for noncommercial activities.

What is a plan-view/cross-section view drawing?

A “plan view” shows the layout of the proposed project from an overhead perspective - like you’re looking down on it from an airplane.

A “cross-section view” shows how the project looks from the side- including dimensions.

Click here to view some sample plats for some typical activities.

 

What is this landowner notification affidavit?

The landowner notification affidavit is a legislatively mandated statement (R.S. 49:214.30.C.2.a.) that you have sent a copy of the application packet to the landowner(s) of the property on which the project is located.  By law, the landowner must be notified of the application.

Does the landowner notification affidavit need to be notarized?

No.

Can my agent sign the landowner notification affidavit for me?

Yes.

I have a surface lease for this property, why do I need to notify the landowner of the proposed activity?

The state law that mandates submittal of a landowner notification affidavit (R.S. 49:214.30.C.2.a.) contains no provision to exempt lease holders from the law.

If I own the property, do I still need to submit a landowner notification affidavit?

Yes.

How do I find out who the landowners are and then contact them?

In many cases your local parish officials should be able to help you by going over tax roles, utility bill records, etc. It may be necessary to visit with the Clerk of Court to go over property transfer records.

What are the fees for permit application and processing?

Permit Application Fee - $20.00 for residential projects; $100.00 for non-residential projects

Permit Processing Fee – $0.04/ cubic yard of material excavated and/or used for fill for residential projects with no fee for less than 125 cubic yards and up to a maximum of $2,000.00 (50,000 cubic yards); $0.05/cubic yard for non-residential projects, no minimum and up to a maximum of $5,000.00 (100,000 cubic yards) for non-residential projects.

How do I know what is going on with my application?

You can track all activity related to your application in the Coastal Use Permit Application Database. Click here to search the database.

When I receive my permit from Office of Coastal Management, may I begin work?

Following receipt of the determination from Office of Coastal Management, work may begin only after obtaining any necessary permit(s) from the U.S. Army Corps of Engineers, including any required mitigation, and any approvals or permits required by any local authority or agency or by any state or federal agency, as may be required by law for said activity or the construction of the referenced project. (See Coordination with Other Agencies)

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Other Regulatory Agencies and Agency Coordination

How can I find out the requirements to obtain a U.S. Army Corps of Engineers (USACE) permit?

To find out the requirements to obtain USACE permit click here: http://www.mvn.usace.army.mil/Missions/Regulatory.aspx

 

What does the Coast Guard require for marking/lighting of structures?

As these requirements are subject to change, please contact your local Coast Guard station to obtain the most current information. To find out more information visit the website at http://www.uscg.mil/

If my project is in a fastlands area, why do I need a U.S. Army Corps of Engineers permit but I do not need a permit from the Office of Coastal Management?

The Louisiana legislature exempts activities occuring in fastlands from permitting by the Office of Coastal Management unless the Secretary determines that the specific activity will have a “direct and significant impact on coastal waters”.

The U.S. Army Corps of Engineers regulatory program is based on a different, federal law which does not contain that exemption.

What is a PGP and how does it work?

The PGP (Programmatic General Permit) is a type of general permit used by the Corps of Engineers. From the COE web site "A programmatic general permit is one founded on an existing state, local or other Federal agency program and designed to avoid duplication with that program". The New Orleans District has established a PGP in conjunction with the Office of Coastal Management (OCM) Coastal Use Permitting program. The PGP applies to small to medium sized projects with limited impacts to wetlands. Essentially it allows the COE to issue a letter to the applicant stating that the permit and its conditions obtained from the OCM will also serve as authorization from the COE. This allows a much faster review by the COE staff. With the PGP in effect, it replaces all COE District and Nationwide general permits for those activities not exempt from the OCM permitting program.

Other approvals may be required from the State Land Office, the Department of Culture, Recreation and Tourism, the Department of Transportation and Development, the Department of Health and Hospitals and/or the Department of Wildlife and Fisheries, but those agencies will notify you of their requirements as part of the Joint Public Notice process.

It is advisable to check independently with local city/parish agencies to see if building permits or other local authorizations might be required.

If I send the application for a “Class A” permit to Office of Coastal Management - Permits & Mitigation Division will you forward it to State Lands?

The Office of Coastal Management does not process applications for “Class A” permits. This correspondence should be directed to

Louisiana State Land Office
P. O. Box 44124
Baton Rouge, Louisiana 70804-4124

Do I need to take the application to DEQ myself?

No, Office of Coastal Management - Permits & Mitigation Division will forward a copy of your application to DEQ at their request (they have asked us not to forward copies of all applications to them).

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Permit Term, Extensions, and Transfers

How long is my permit valid?

Permits are typically valid for five years; however, the initiation period expires two years from the date the permit was issued. Please see Permit Time Limits questions 2, 3, and 4 for more information about the initiation period and extensions.

Please explain the two-year initiation period.

In most cases (there are some exceptions) you must commence work on your project within 2 years of the date of permit issuance.

Can I get an extension for the initiation period for a permit after the two (2) year deadline?

The initiation period can be extended for an additional 2 years if you submit a written request to us no less than 60 and no more than 180 days before the initial 2 year period expires. Requests received later than 60 days prior to the expiration date of the permit shall be eligible for consideration for extension, however a permittee who fails to make a timely request for an extension shall not engage in any activity requiring a coastal use permit past the original permit expiration date until an extension of the lapsed permit or a new permit is granted.

Can I get an extension of the five (5) year term to complete the permitted activities?

Yes. The term to complete the use may be extended for up to a total of an additional three (3) years beyond the term for completion from the date of permit issuance. You will need to submit a written request to us no less than 60 and no more than 180 days before the term to complete expires. Requests received later than 60 days prior to the expiration date of the permit shall be eligible for consideration for extension, however a permittee who fails to make a timely request for an extension shall not engage in any activity requiring a coastal use permit past the original permit expiration date until an extension of the lapsed permit or a new permit is granted.

Is there a fee for an extension request?

Yes. A nonrefundable extension request fee in the amount of $80 shall be included with such a request, and the request must be received by the Permits & Mitigation Division no sooner than 180 days and no later than 60 days prior to the expiration of the permit in question. If the appropriate fees are not included along with the request for an extension to initiate a coastal use permit and/or to complete the use, the request will be considered incomplete, and returned to the permittee.

What do I need to do if my extension request involves modifications to a permitted activity?

Extension requests involving modifications to a permitted activity which would result in greater impacts to the environment than previously permitted will be considered as new applications rather than as extension requests. Extension requests involving modifications to a permitted activity which would result in identical or lesser impacts to the environment than previously permitted may be considered as extension requests, and must contain adequate information (such as drawings, maps, etc.) to support and explain the proposed modifications.

My permit expired last year and no extension was granted, what do I need to do to extend it?

You must submit a new application for any uncompleted work.

I have a letter from the Office of Coastal Management dated 3 years ago that says I don’t need a permit, but it also says that the determination is only valid for 2 years, what do I need to do?

You should submit a new application for any uncompleted work because there may have been changes to the law, impacted habitats, environment, etc. which may change the determination.

Can I transfer an expired permit?

Yes. Be aware that;

1) Expiration of a permit does not eliminate the need to comply with all permit conditions (especially as it relates to mitigation and the maintenance of mitigation)

2) Any additional work, maintenance, or completion of unfinished components will require a new permit.

How do I transfer a permit?

A permit transfer form and instructions are available on the internet here.

If you don’t have internet access please contact us at 1-800-267-4019, and we can send you a copy via mail.

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Wetlands Questions

What is a wetland?

Open water areas or areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal circumstances, do support a prevalence of vegetation typically adapted for life in saturated soil conditions.

Does the Office of Coastal Management (OCM) use the U. S Army Corps of Engineers' (Corps) definition of wetlands?

No. The Corps determines their regulatory jurisdiction over wetlands under the authority of Section 404 of the Clean Water Act (CWA), as overseen by the Environmental Protection Agency (EPA). For such jurisdictional determinations, the Corps uses a three-parameter approach involving vegetation, soils, and hydrology. It is important to note that, under Section 404 of the CWA, the Corps regulates activities affecting wetlands throughout the United States, not just in coastal areas. In making wetland determinations, the Corps utilizes a regional approach; in coastal Louisiana, the Corps is guided by the document known as the "Supplement to the Wetlands Delineation Manual for the Atlantic and Gulf Coastal Plains."

OCM's coastal use permitting guidelines defines "wetlands" as: "open water areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, under normal circumstances, do support a prevalence of vegetation typically adapted for life in saturated soils."

In administering the Louisiana Coastal Resources Program (LCRP), OCM regulates certain activities within the state's defined coastal zone boundary; the LCRP was approved and is overseen by the National Oceanic and Atmospheric Administration (NOAA) under the authority of the federal Coastal Zone Management Act (CZMA) of 1972. The OCM, under authority of the CZMA and Louisiana's State and Local Coastal Resources Management Act (SLCRMA, La. R.S.49: 214.21 to 214.54), regulates activities that occur in wetlands as well as in other habitats when those activities would have a significant impact on the "coastal resources" and "coastal waters" of the state, including but not limited to beaches, dunes, barrier islands, cheniers, and salt domes.

Activities within the Louisiana Coastal Zone which are exempt from permitting include, but are not limited to, those found on most sites located above the 5-foot contour, those occurring in "fastlands" (i.e., areas enclosed by levees and drained by pumps), and those which require a Federal Consistency determination (e.g., ports and harbors, direct federal actions, projects on federally owned lands, etc.) Several unique landforms in coastal Louisiana, however, have been designated by Louisiana law and associated regulations as special features that may occur at elevations exceeding 5 feet but are considered "special" or "unique" geologically, and thus fall under the CZMA authority. In summary, those activities which would have direct and significant impacts on coastal resources are regulated under the LCRP, and those resources are not limited to coastal wetlands.

Examples:

  1. A common example of a wetland considered jurisdictional by OCM but not by the Corps is a bottomland hardwood site that occurs below the 5 ft. elevation but does not meet the hydric soils parameter for wetlands for Section 404 regulation purposes.
  2. A bottomland hardwood site located within a closed levee system with water levels within that system controlled by a forced-drainage pumping regime is considered by OCM to be in a "fastland" and thus exempt (i.e., not jurisdictional) under LCRP regulations. The Corps, however, may determine this site to be under the Corps' Section 404 regulatory jurisdiction because it meets the three-parameter approach to defining wetlands.
  3. A water company plans to install a 10-inch water line through a vegetated sand dune on a barrier island that is inhabited. A 404 USACE permit may not be required since the site does not meet two of the three parameters for defining wetlands; however, because dunes are designated in the LCRP as special areas and these features are considered to be a very important coastal resource, this activity will require a permit from OCM. Also, if unavoidable impacts to coastal resources were to occur as a result of this activity, OCM would likely require site restoration and/or compensatory mitigation for losses to coastal resources. (This example is provided to illustrate a habitat type that is not considered to be wetland by either the Corps or OCM, but is still considered to be an important habitat in the coastal zone and is, therefore, regulated by OCM.)

How do I get a wetland determination?

Wetland determinations/delineations are conducted by the U.S. Army Corps of Engineers. Please contact the U.S. Army Corps of Engineers to arrange for them to evaluate your property. You can visit the U.S. Army Corps of Engineers’ website to view more information about how to request a wetland determination at http://www.mvn.usace.army.mil/Missions/Regulatory/JurisdictionWetlands.aspx

If I have a wetland determination from the U.S. Army Corps of Engineers that says my property is not a wetland, do I need anything else?

Yes, activities within the Coastal Zone that are not exempt do require a permit. If your project is in the Coastal Zone, you need to submit an application to Office of Coastal Management and receive approval for your project before you commence work. While the Office of Coastal Management’s program is heavily weighted towards minimization of impacts to vegetated wetlands, other aspects of your project might also be regulated.

What will happen if my project does impact some wetlands on my property - do I have to pay some sort of fine?

First you will have to demonstrate that there is a need to impact the wetlands and that there are no feasible alternatives available (such as reducing the scope of your project or changing its configuration). If those hurdles are met, you will have to mitigate for any remaining impacts to vegetated wetlands.

In order to complete the mitigation requirements, you need to either develop an individual mitigation project or, in some cases, buy credits at an approved mitigation bank or area. Be aware that buying mitigation credits can be very expensive. For a number of reasons (ease of permitting, maintenance obligations, etc.), buying credits is usually the most feasible option if it’s an available to you.

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Wetland Mitigation

What is mitigation?

Mitigation includes the actions taken by the permittee to avoid, minimize, restore, and compensate for ecological values lost due to a permitted activity. (LAC, Title 43, Part I, Chapter 7, § 700).

What is compensatory mitigation?

Compensatory mitigation is the replacement, substitution, enhancement, or protection of ecological values to offset anticipated losses of ecological value caused by a permitted activity. The secretary will consider recommendations of state and federal agencies and parishes with approved local programs when selecting compensatory mitigation.

Why must I mitigate?

Wetlands, beaches, barrier islands, reefs and other coastal resources serve a valuable function in the coastal environment and for the general public who utilize these resources. These resources contribute benefits for fisheries, both commercial and recreational; storm surge reduction; water quality; wildlife and other recreational and commercial pursuits. Because these public benefits are so valuable, both the state and federal government have legislation requiring compensatory habitat mitigation. In cases where the applicant has exhausted all efforts to avoid and/or minimize adverse impacts to wetlands and other coastal resources and where the applicant has provided sufficient justification, OCM's goal of no net loss of wetland ecological value will be accomplished through compensatory mitigation for habitat loss. A permittee whose activity diminishes these resources must provide replacement of those ecological values to an equal amount. These resources contribute benefits for fisheries, both commercial and recreational; storm surge reduction; water quality; wildlife and other recreational and commercial pursuits. Because these public benefits are so valuable, both the state and federal government have legislation requiring compensatory habitat mitigation.

 

What are my compensatory mitigation options?

  • Purchase of the appropriate LDENR habitat credits from a mitigation bank approved by the Secretary
  • Implementation of an individual mitigation measure or measures
  • If determined to be appropriate, a monetary contribution to the Louisiana Wetlands Conservation and Restoration Fund (Coastal Mitigation Account)
  • If determined to be appropriate, an In-Lieu Fee Program credit purchase
  • Other options determined to be appropriate by the Secretary which fully compensate for lost habitat values

 

What are the processing fees for mitigation activities?

Mitigation processing fees vary by the acreage of impacted vegetated wetlands and other coastal resources. The mitigation processing fees range from $50 (non-commercial activity, <1 acre impacted) to $15,000 (>100 acres impacted). For exact fees, reference LAC Title 43 Chapter 7 §724.D.1.b.

Please note that the actual costs for compensatory mitigation are not included in these processing fees. 

How much will mitigation cost?

In the event that the OCM determines that the acquisition of credits from a mitigation bank is the appropriate option to satisfy compensatory mitigation obligations of the permitted activity, the OCM will notify the applicant of which bank(s) to contact and how many credits the applicant will be required to purchase from said bank(s). It is then the applicant’s responsibility to contact the bank to determine the unit cost of the credits required for purchase and also whether there are still credits available.  Mitigation banks are private businesses and prices per credit acre are based upon market rates.

Should the applicant choose the mitigation option of an individual/permittee responsible mitigation measure (plan), the construction costs vary greatly depending on the location, project size, habitat type to be created/restored, and maintenance/monitoring periods. Individual/permittee responsible mitigation plans are the responsibility of the applicant to design, implement, and maintain.

The amount of a monetary contribution or In-Lieu Fee Program credit purchase is based upon the cost to create that particular habitat that was impacted.  The amount per credit acre is reviewed and determined as appropriate.  Please contact the Mitigation Section to determine the current monetary cost.

How is mitigation assessed?

Generally, impacts are not assessed on an acre for acre basis. Unavoidable net losses to wetlands are measured in Average Annual Habitat Units (AAHUs). An AAHU is defined as a unit of measure of ecological value. Wetland losses resulting from a project are determined and quantified in AAHUs using the appropriate Wetland Value Assessment (WVA) methodology.  The WVA uses site-specific parameters in the calculation of impacts.  When an individual/permittee responsible mitigation project is proposed, the quality of the habitat being restored and the amount of restoration taking place could generate more or less benefit AAHUs per acre than the impacted site and could result in the need for more or less mitigation acres than the original acreage of wetland being impacted.  Net gains in AAHUs resulting from a compensatory mitigation action must be, at a minimum, equal to the AAHUs lost.  Please contact the Office of Coastal Management’s Mitigation Section for additional clarification.

What are the location priorities when choosing an “individual/permittee responsible mitigation measure/plan”?

  • Mitigation must have positive impact on the ecological value of the Louisiana Coastal Zone
  • Should be located on-site, if possible
  • Located on the affected landowner’s property, if possible (La. R.S. 49:214.41)
  • Located within the same hydrologic basin
  • Be of the same habitat type being impacted
  • Produce similar ecological values to those impacted
  • Contribute to the overall wetland health of the hydrologic basin

How do I determine the appropriate site for my individual/permittee responsible mitigation project?

The first place to start is to coordinate with the impacted landowner(s).  Applicants are required to notify all impacted landowners with one or more acres of wetland impacts upon their property and the landowner be offered the opportunity to request that mitigation be performed upon their property.

What is the In-Lieu Fee and how is the amount determined?

The In-Lieu Fee Program is an agreement between the LDENR and U.S. Army Corps of Engineers that provides an option to permit applicants for mitigation for marsh impacts in the Coastal Zone via credit purchases from the ILF Program.  All monies collected in this fund from credit sales are used by LDENR to construct marsh habitat.  A credit purchase from the In-Lieu Fee Program will satisfy mitigation obligations of permittees for both the LDENR and U.S. Army Corps of Engineers, but this option is only available if the purchase of credits from a mitigation bank is not an option.  The costs of credits per acre is determined by LDENR by utilizing the current actual cost to create marsh.  This cost per acre is reviewed, approved, and updated appropriately by not only LDENR but also federal and State agencies that serve on the Interagency Review Team that oversee the ILF Program. 

 

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Compliance

If I start/complete a project without a permit, what will happen to me?

Processing of any permit application you have pending for the project will be suspended until the violation is resolved. You may be required to remove any structures installed and restore any impacted habitat. You may be subject to fines of up to $12,000 and may be put in jail for up to 6 months.

How much does a violation cost?

Fines can range from $50 to $12,000. Normal permit processing and mitigation fees may also be applied. There may be additional fines applied by the U.S. Army Corps of Engineers due to any section 404/10 violations.

What happens if I violate permit conditions?

You may be required to remove any structures installed and restore any impacted habitat that exceeds the permitted scope of the project. You may be subject to fines of up to $12,000 and may be put in jail for up to 6 months. 

I’ve already done some clearing, did I break the law?

A representative from LDENR will perform a field investigation and project evaluation in order to determine the extent of any impacts and if you have violated any laws.

How do I report a possible violation?

Complete and submit the complaint form found at this location: https://www.dnr.louisiana.gov/index.cfm/page/849 

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Local Coastal Management Programs

What is a parish Local Coastal Management Program and under what authority are they established?

The State and Local Coastal Zone Management Act enacted by the Louisiana Legislature in 1995 clearly set forth that management of the State’s Coastal Resources was to be a joint effort of the State and affected Parishes’ governments. In fulfillment of this legislation the Louisiana Administrative Code sets forth provisions for the establishment and approval of Local Coastal Management Programs at Louisiana Administrative Code 43:I:725 et seq. Local Coastal Management Programs assist the state Louisiana Coastal Resources Program (LCRP) in managing the state’s coastal resources by taking over the regulation of “uses of local concern.”

What are the benefits to a parish of having a Local Coastal Management Program?

A local Coastal Management Program allows uses of “local concern” to be reviewed, mitigated, and permitted by those who have local knowledge and a strong connection to their parish and its people.

How does a parish acquire an approved Local Coastal Management Program?

The provisions at Louisiana Administrative Code 43: I: 725 et seq. contain the procedures for adoption and approval of Local Coastal Management Programs. These procedures are explained in more detail on the How to Start an LCP page.

What are the determining factors in issue of state vs. issue of local concern?

Louisiana Revised Statute 49214.25. Types of uses:

Uses of the coastal zone subject to the coastal use permitting program shall be of two types:

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:

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

o    Projects involving use of state owned lands or water bottoms.

o    State publicly funded projects.

o    National interest projects.

o    Projects occurring in more than one parish.

o    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.

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

o    Energy facility siting and development.

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

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:

o    Privately funded projects which are not uses of state concern.

o    Publicly funded projects which are not uses of state concern.

o    Maintenance of uses of LOCAL concern.

o    Jetties or breakwaters.

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

o    Bulkheads.

o    Piers.

o    Camps and cattlewalks.

o    Maintenance dredging.

o    Private water control structures of less than $15,000 in cost.

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

Subject to the provisions of this Subpart, the delineation of uses of state or LOCAL concern shall not be construed to prevent the state or LOCAL governments from otherwise regulating or issuing permits for either class of use pursuant to another law.

How do I determine if my application is an issue of "local concern”?

Simply follow the permit application procedures contained in The Application section of this FAQ and LDENR will determine if your application will be a use of state or local concern. If it is determined to be a local concern, the state will forward the application to the appropriate parish with an LCP. The parish will process the application.

What parishes have approved local coastal programs and when were the programs established?

The 12 parishes with approved local coastal programs and the date of their program document are as follows:

1987 Calcasieu

2000 Plaquemines

1983 Cameron

1982 St. Bernard

1982 Jefferson

1982 St. James

1982 Lafourche

1992 St. Tammany

1985 Orleans

2000 Terrebonne

2017 St. Charles

2018 St. John the Baptist

What do I do and who do I contact if my permit is deemed an issue of local concern?

Contact the applicable parish’s local coastal contact person. If your parish does not have a Local Coastal Program, the State will process your application.

 

 

Is there state oversight of the parish Local Coastal Management Programs?

Yes, the regulations for the state oversight of the programs are contained at Louisiana Administrative Code 43: I: 725: F: 2: which can be found here.

 

 

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Federal Consistency

What is Consistency?

 

A Consistency review is to ensure that activities in the coastal zone are consistent with the Louisiana Coastal Resources Program (LCRP).  Activities in the coastal zone may require a Coastal Use Permit (which also serves as a consistency review).  Some types of coastal activities do not require a Coastal Use Permit, yet still must be consistent with the LCRP.  Other examples include deep-water ports and projects such as oil and gas exploration on Federal property.  Although not requiring a CUP, these activities still are required to be consistent with the State’s coastal management program.

The same standards and policies are used for both Consistency and CUP review.

Who should apply for Consistency review?

Federal agencies, whose activities (including new policies or regulations) may affect the land use, water use, or natural resources of the Coastal Zone

Private individuals or companies who must obtain a Federal license or permit, for activities on federal property (whether owned outright or controlled by the federal government), such as National Wildlife Refuges

Anyone whose activities are exempt from the Coastal Use Permits by State law (projects within fastlands or more than five feet above sea level, deep water ports, etc.), but whose activities may affect coastal resources

Oil and gas exploration and production,  ROW Pipelines, and certain other activities on the Outer Continental Shelf

How do I go about submitting a consistency or determination?

We prefer that applications be submitted electronically via e-mail.  The online Joint Permit Application is a convenient option if a Corps of Engineers permit is needed;the JPA can be found at http://workflow.dnr.state.la.us/sundown/cart_prod/pkg_dnr_wf.initiate

 

What do I need to submit for a consistency determination?

For applicants for a Federal license or permit, simply send a copy of the permit application with a statement that you certify that the referenced project complies with and will be conducted in a manner consistent with the Louisiana Coastal Resources Program.  Also include, if not part of the Federal application, a detailed description of the proposed action, a large-scale location map, and plats and cross-sections of the proposed work.

For Federal agency activities, consistency determinations can be in any format. They must include a thorough description of the proposed activity and anticipated coastal impacts, a location map, plats and cross-sections of the proposed work.  For projects whose locations cannot easily be described by a few lat/long points, GIS shapefiles, in NAD 1983 State Plane Louisiana South Zone projection.  Finally, include the statement that you have determined that the proposed activity is consistent, to the maximum extent practicable, with the Louisiana Coastal Resources Program.

What are the fees for Consistency review?

There is a $300 fee for processing consistency applications. 

 

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