§ 170-324. Emergency uses.

(a)

Coastal use permits are not required in advance for conducting uses necessary to correct emergency situations.

(1)

Emergency situations are those brought about by natural or manmade causes such as storms, floods, fires, wrecks, explosions spills, which would result in hazard to life, loss of property, or damage to the environment if immediate corrective action were not taken.

(2)

This exemption applies only to those corrective actions which are immediately required for the protection of lives, property or the environment necessitated by the emergency situation.

(b)

Prior to undertaking such emergency uses, or as soon as possible thereafter, the person carrying out the use shall notify the directors and give a brief description of the emergency use and the necessity for carrying it out without a coastal use permit. A verbal or written authorization from the directors shall be sufficient to carry out the emergency use.

(c)

As soon as possible after the emergency situation arises any person who has conducted an emergency use shall report on the emergency use to the directors. A determination shall be made as to whether the emergency use will continue to have direct and significant impacts on coastal waters. If so, the person shall apply for an after-the-fact permit. The removal of any structure or works occasioned by the emergency and the restoration of the condition existing prior to the emergency use may be ordered if the permit is denied in whole or in part.

(Code 1956, § 15A-9)

State law reference

Coastal use permit exemption for emergencies, R.S. 49:213.11(F).