| OTHER STATE AGENCIES |
The Water Resources Permit Advisory Unit coordinates permit review and responses with numerous State Government agencies and Offices. The following represents some of the State agencies with which we coordinate our permit responses, and the general purpose served from such cooperation.
The State Land Office reviews permit requests for work or structures encroaching onto Louisiana State water bottom. While the actual boundaries of State Lands are determined by the State Land Office, in order to accommodate the processing of permit requests -- this Office initially makes a predetermination of State ownership of water bottom at waterways and water bodies, relative to the names of the waterways associated with the proposed work and their depiction on the most current Official State Map of Louisiana. Final determination concerning the demarcation of State versus Private property is deferred to the State Land Office. The area within the Mean Low Waterline (MLW) of named streams and bayous in Louisiana is determined to be Louisiana State water bottom. Conversely, the area extending channelward of the Mean High Water Line (MHW) of named lakes and bays in Louisiana is determined to be Louisiana State water bottom. The State Land Office reviews permit requests to verify, and/or approve of the project's placement or occurrence at Louisiana State water bottom. Any structure extending in excess of approximately 150 square feet channelward of the MLW line in streams and bayous, or the MHW line at lakes and bays, will generally require approval or a lease agreement between the permit applicant and the State Land Office. Additionally, the State Land Office issues pipeline right-of-way grants for pipelines extending across Louisiana State Water bottom. For your information, the MLW and MHW lines referenced herein are determined in accordance with historical records maintained by the State Land Office -- and not by the presence of water marks on trees or the "recollections" of some resident living in the project area.
The Water Resources Permit Advisory Unit issues Letters of No Objection, which are used by the State Land Office in their issuance of pipeline right-of-way grants. Our letters of No Objection also serve as an additional source of information, serving to notify the State Land Office of proposed work in their area of concern, in the event that a permit applicant fails to inform all the appropriate agencies involved in a permit request (which happens regularly).
The Water Pollution Control Division issues Water Quality Certificates, to serve as approval for proposed projects that may adversely impact water quality in a project area. Examples of such projects may involve the disturbance of material caused by dredging or fill placement operations in waterways, barge off-loading facilities at waterways, etc. Copies of our letters of approval/disapproval are provided as a courtesy and a means of coordination, to assure that each agency that may have a concern about the proposed work is notified, and in the event that they are not informed by the permit applicant.
The Coastal Management Division's permitting considerations parallel that of the various Corps of Engineers' districts when considering a permit request impacting wetlands. However, the reasons for permit review and issuance between the two agencies vary in intent. Whereas the Corps reviews and issues wetlands-related permits as a result of a presidential directive and mandates of the Clean Water Act; the Coastal Management Division's mission involves not only the preservation of existing wetlands -- but the development of new wetlands. Coastal Management's permit program actively seeks to reduce the adverse impacts of projects on our diminishing coastlines. In addition, the Coastal Management Division actively develops programs and projects to enhance existing wetlands and create new wetlands. The physical area of jurisdiction regulated by the Coastal Management Division is specifically limited to the Louisiana coastal plains, within a specifically defined area. The Water Resources Permit Advisory Unit reviews permit requests for work and/or structures proposed to occur within the area of jurisdiction of the Coastal Management Division. Often, requested projects require coordination of permit responses from our Office, the Corps of Engineers, and the Coastal Management District. Coordination may be required on projects such as proposed marsh management programs, the construction of private levee systems, submarine and aerial waterway and levee crossing constructions, dam constructions, seismic operations, mining operations, construction of port facilities, construction of residential/commercial/industrial development, and numerous other projects.
The Wildlife and Fisheries Department issues permits for many varied activities in Louisiana. Their Seafood Division issues permits for seismic surveys; their Administrator of Scenic River Systems issues permits for work or structures located at or near designated "scenic" rivers and waterways; and they have their normal review process concerning any adverse impacts to wildlife, and various plants, algae, and bacteria. Additionally, businesses that dredge for fill, sand, and gravel in Louisiana water bottoms are required to pay a fee (per cubic yard) for all material withdrawn from State water bottom. The Water Resources Permit Advisory Unit coordinates responses to permit requests with the Louisiana Wildlife & Fisheries Department for projects impacting drainage, such as marsh management programs, aquaculture programs, levee or dam constructions, and projects in the vicinity of "scenic" waterways.
Louisiana presently has approximately (24) twenty-four Louisiana Levee Districts, and a beneficial cooperative agreement with (1) one out-of-state Levee District (serving 3 counties) within the State of Arkansas. The various levee districts are responsible for maintaining the levee systems and associated drainage within their respective assigned areas of jurisdiction. Any proposed work or structures intended to occur in the vicinity of a levee system will generally require either a permit, or a letter of No Objection, from the respective Levee Board. Regulatory authority for permitting activities by Levee Boards is derived from Louisiana Revised Statutes, Title 38. The Water Resources Permit Advisory Unit specifically represents this department in adherence to the mandates of Title 38, which direct this department to act in an engineering advisory capacity to the Louisiana Levee Districts. This Office reviews all pertinent requests, plans, and documentation for proposed work or structures to occur near a levee system, and then recommends the project's approval or disapproval to the appropriate Levee Board. Many governmental agencies that operate within the "permitting network" may direct their recommendations to a Levee Board in association with a proposed project. However, this Office represents the only State of Louisiana governmental agency directed by law to serve the Levee Board.
The State's Office of Public Health - Regulatory Services Division reviews certain permit requests relative to the proposed project's impact to public health. One major concern of the Regulatory Services Division involves the installation of municipal sewerage out falls at waterway locations, situated upstream from intake sources for potable water. The Water Resources Permit Advisory Unit coordinates the response to (applicable) permit requests as a matter of cooperation with the Office of Public Health's Regulatory Services Division.