§ 38:28 — Penalties

§28. Penalties
A. It is unlawful for any person to violate any provision of this Chapter relative to
dams, or any provision of the orders, rules, regulations, or lawful requirements of the chief
engineer; or to willfully obstruct, hinder, or prevent the chief engineer, or his authorized
representative, from performing the duties imposed herein; or for any director, officer, agent,
or employee of a contractor who engages in the construction, modification, maintenance, or
removal of any dam, to knowingly do work or permit work to be done on the dam without
the approval or in violation of any approval as provided in this Chapter; or for any inspector,
agent, or employee of the chief engineer to fail to immediately notify him of such improper
work of which he has knowledge.
B. Any engineer providing professional services who designs a new dam or a
modification or removal of an existing dam without notifying the owner in writing of the
owner's obligation to obtain a permit or written consent of the chief engineer prior to the start
of construction shall be reported to the Louisiana Professional Engineering and Land
Surveying Board (LAPELS).
C. Upon request of the Department of Transportation and Development, the state
police may issue a citation to any person who is in violation of Subsection A of this Section.
Every person who is convicted of a violation of Subsection A of this Section shall be guilty
of a misdemeanor and shall be fined not more than five hundred dollars or be imprisoned for
not more than six months, or both.
D. Every fine imposed pursuant to the provisions of this Section shall be collected
by the court and forwarded to the state treasurer for deposit in the Transportation Trust Fund
to defray the costs of the Louisiana Dam Safety Program.

Legislative History

Added by Acts 1981, No. 733, §1, eff. July 23, 1981; Acts 2022, No. 687, §1, eff. June 18, 2022.