§ 38:23 — Permit or consent required

Louisiana § 38:23

• Jurisdiction: Louisiana
• Title 38: Public Contracts, Works and Improvements

Text

§23. Permit or consent required
A. All dams, as described in R.S. 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.

Legislative History

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.