§ 170-323. Activities on lands five feet or more above sea level or within fastlands.

(a)

Activities occurring wholly on lands five feet or more above sea level or within fastlands do not normally have direct and significant impacts on coastal waters. Consequently, a coastal use permit for such uses generally need not be applied for.

(b)

However, if a proposed activity exempted from permitting in subsection (a) is determined by the secretary of DNR or the director to have a direct and significant impact on coastal waters or will result in discharges into coastal waters, or significantly change existing water flow into coastal waters, then the person proposing the activity shall notify the director and provide such information regarding the proposed activity as may be required by the director in deciding whether the activity is a use subject to a coastal permit.

(c)

Should it be found that a particular activity exempted by subsection (a) may have a direct and significant impact on coastal waters, the director may conduct such investigation as may be appropriate to ascertain the facts and may require the persons conducting such activity to provide appropriate factual information regarding the activity so that a determination may be made as to whether the activity is a use subject to a permit.

(d)

The director or the secretary shall determine whether a coastal use permit is required for a particular activity. A coastal use permit will be required only for those elements of the activity which have direct and significant impacts on coastal waters.

(e)

The secretary's decision whether an activity subject to this section requires a coastal use permit shall be appealable to the secretary pursuant to the provisions of section 213.11(D) of the Act and the regulations adopted pursuant thereto. Provided, however, that upon an appeal to the secretary by the person conducting or proposing to conduct the activity, the burden of proof shall be on the secretary. Upon an appeal by any other person, the burden of proof shall be on the appellant. The director's decision whether an activity subject to this section requires a coastal use permit shall be appealable to Civil District Court for the Parish of Orleans. Provided, however, that upon an appeal to the director by the person conducting or proposing to conduct the activity, the burden of proof shall be on the director. Upon an appeal by any other person, the burden of proof shall be on the appellant.

(f)

The exemption described in this section shall not refer to activities occurring on cheniers, salt domes, barrier islands, beaches and similar isolated, raised land forms in the coastal zone. It does refer to natural ridges and levees.

(Code 1956, § 15A-8; M.C.S., Ord. No. 22577, § 1, 4-5-07)