Louisiana Revised Statutes 38:23 – Permit or consent required
Terms Used In Louisiana Revised Statutes 38:23
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Dam: is a ny artificial barrier, including appurtenant works, which does or will impound or divert water or any other liquid substance and which has or will have a dam height of twenty-five feet or more or has or will have a maximum liquid storage capacity of fifty acre-feet or more. See Louisiana Revised Statutes 38:22
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Modification: means enlargements or changes that may affect the safety of the dam, including but not limited to adding significant amounts of material to, or removing material from, the cross-section of a dam; changing the dimensions or elevations of spillways; correcting damages associated with significant seepage through or under the dam; building a roadway or placing utilities on or in any part of the dam or altering the operational features of a dam excluding activities associated with routine maintenance. See Louisiana Revised Statutes 38:22
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
A. All dams, as described in La. Rev. Stat. 38:22, both federal and nonfederal but excluding the Toledo Bend Dam, and the locks and dams on the Red River, Ouachita River, Black River, Mississippi River and tributaries under the jurisdiction of the United States Army Corp of Engineers, shall be under the jurisdiction of the state acting through the chief engineer of the Department of Transportation and Development, office of engineering. The chief engineer, or his authorized representative, shall have supervision and overview of the construction, modification, operation, and maintenance of the dams to the extent required to protect life and property and to provide for the safety and welfare of the public. No person, partnership, association, corporation, agency, or political subdivision shall construct any such dam or make, construct, or permit to be made or constructed any modification of the dam without first obtaining the written consent or permit of the chief engineer. No permit is required for routine maintenance.
B. All designs for new dams or for modifications or removal of existing dams under the jurisdiction of the state shall be designed by a professional engineer registered in Louisiana and shall be in compliance with all rules and regulations promulgated under the provisions of the Administrative Procedure Act. The engineer providing professional services shall notify the owner in writing of the owner’s obligation to obtain a permit or written consent of the chief engineer before the start of construction of a new dam or modification or removal of an existing dam.
Added by Acts 1981, No. 733, §1, eff. July 23, 1981; Acts 2012, No. 753, §5; Acts 2022, No. 687, §1, eff. June 18, 2022.