§ 109-41. Permit review process.

(a)

Upon receipt of a complete application packet, the local CZM administrator shall make an initial review to determine whether the activity fits within the exempted activities or whether the activity would not have a direct and significant impact on the coastal waters.

(b)

If the activity is exempt or upon a finding of no impact(s), the local CZM administrator will forward this information to the OCM for an authoritative concurrence. If the activity is not exempt or upon a finding that direct and significant impacts(s) will result from the proposed activity, the CZM administrator shall assign it a number, acknowledge receipt, and ascertain whether the application is for a state or local use in accordance with R.S. 49:214.25 et. al.

(c)

Application processing will begin when an application that is apparently complete is accepted by the local CZM administrator or the state administrator. When received by the local CZM administrator, the local CZM administrator shall assign it a number, acknowledge its receipt and make an initial determination of whether the proposed activity is a state or local concern in accordance with R.S. 49;214.25(A). Copies of all applications submitted to the parish CZM administrator along with the local CZM administrator's initial determination shall be submitted to the secretary within two days of receipt for an authoritative determination.

(d)

When it is determined to be a local use/concern:

(1)

Upon the determination that a permit application is a local concern by the state administrator, the local CZM administrator shall make public notice of the pending local use application made in accordance with L.A.C. 43:I,723(C)(5).

(2)

Notice of a pending application shall include the permit number, the location of the proposed activity, and information allowing members of the public to comment on the proposal for 25 days.

(3)

Before expiration of the applicable public comment period, the local CZM administrator shall:

a.

Forward copies of the local concern application to the local coastal zone committee and appropriate parish officials.

b.

Solicit comment(s) from the coastal zone committee, appropriate parish officials, and-as appropriate-other agencies with expertise.

c.

Make a determination regarding the appropriateness of calling a public hearing on the proposed local use based on the same requirements noted for state concerns or at the request of the applicant or a majority of the coastal advisory committee. To be considered, the request must be received within 25 days of the official journal publication. A decision to call a public hearing shall interrupt the timeline for deciding the appropriateness of issuing or denying the permit application; however, the hearing shall be scheduled in a prudent manner. Any documents, studies or other data in the applicant's possession relevant to the proposed use must be made available to the public for review, study, and duplication at least five days prior to the hearing. As additional materials are developed, they must also be made available. When appropriate, the local CZM administrator shall hold a public hearing in accordance with the parish's procedures governing public hearing. After expiration of the applicable public comment period, the local CZM administrator shall take one of the following actions:

1.

Consider and address in writing each comment received on the application in the final permit decision.

2.

Include a short, plain statement explaining the basis for decision on each final permit decision.

3.

Either:

i.

Issue the local use permit, based on this article, the guidelines and the Act; or

ii.

Issue the local use permit with conditions, based on the parish coastal zone management plan, the guidelines and the Act.

d.

Send a draft permit to the applicant for acceptance and signature or send notice of denial to the applicant within 30 days of the giving of public notice or within 15 days after the closing of the record of a public hearing, if held, whichever is later and in accordance with L.A.C. 43:I.723(C)(8); or

e.

Deny the local use permit, based upon the parish coastal zone management plan, the guidelines, and the Act.

(e)

When it is determined to be a state use/concern:

(1)

Upon the determination that a permit application is a use of state concern, the local administrator shall review the proposed activity for consistency with their program guidelines and with the goals, objectives and policies developed for the environmental management units(s) in which the proposed activity would take place. Based on this review the local administrator shall:

a.

Forward copies of the state concern application to appropriate parish officials;

b.

Solicit comments from the local program committee and parish officials;

c.

Request a public hearing when there is significant public opposition to a proposed use, or when there have been requests from legislators or local governments or other local authorities, or in controversial cases involving significant economic, social, or environmental issues;

d.

Follow the guidelines for public hearing for a local concern and then after expiration of the applicable public comment period, the local CZM administrator shall take one of the following actions:

1.

Comment upon a state use application.

2.

Solicit comment upon a state use application from the committee.

e.

The local CZM administrator may submit comments to the state administrator regarding the application within 25 days from the date of the official journal publication of the notice.

(2)

Note: general permits have a shorter window of review time and the local administrator should forward comments in accordance with the general permit timelines.

(f)

Any person may obtain a copy of the permit application and supporting documents by making a request to parish planning and zoning department and providing reasonable costs of copying, postage, and handling.

(g)

Terms and acceptance of permits.

(1)

Term of issued permits. A CUP shall remain valid for two years after the date of issuance. Should a project proponent desire more time, they may seek to either:

a.

Have the permit renewed based on a demonstration that diligent efforts have been made to complete the project within the allotted time but that events beyond the proponent control delayed completion; or

b.

Have the permit issued for a longer period up to three years based upon conclusive evidence demonstrating that the use will extend beyond a year under ordinary circumstances. After three years, a new permit application must be made.

(2)

The local CZM administrator has discretion to grant an applicant more time under either of the circumstances in section 109-41(g)(1) of this section.

(3)

By accepting the permit, the applicant agrees to the following:

a.

To act in accordance with the plans and specifications as contained in the approved application;

b.

To comply with permit conditions imposed to ensure compliance with this article;

c.

To adjust, alter or remove any structure or physical alteration if the local CZM administrator and a majority of the committee determine such action is necessary to achieve compliance with this article;

d.

To provide an acceptable surety bond, in an appropriate amount as posted by the CZM administrator, to ensure adjustment, alteration, or removal should the applicant fail to take such action when requested;

e.

To hold the state, the parish and all officers and employees thereof harmless from any injury to persons or property resulting from actions undertaken to carry out the permit;

f.

To certify that the permitted activity has been completed in accord with permit or, upon request of the local administrator, provide certification from a licensed professional to that effect;

g.

To allow reasonable inspection of the project for purposes of monitoring and compliance inspections.

(Ord. No. 17-03, § II, 5-9-2017)