HB 890

HLS 26RS-298  ORIGINAL
 2026 Regular Session
 HOUSE BILL NO. 890
 BY REPRESENTATIVE COATES
 COASTAL RES/COASTAL ZONE: Imposes additional requirements for certain coastal
  use permits on Lake Maurepas and Lake Pontchartrain
1AN ACT
2 To enact R.S. 49:214.43, relative to coastal use permits; to provide for legislative findings;
3to establish a submerged lands protection standard applicable to certain coastal use
4permit applications; to require additional scientific study and documentation for
5certain uses on Lake Maurepas and Lake Pontchartrain; to provide for application
6requirements; to provide for departmental duties; to provide for independent review;
7to require public hearings; to require administrative record retention; to provide
8definitions; to provide for applicability; to provide for construction with other laws;
9to provide an effective date; and to provide for related matters.
10 Be it enacted by the Legislature of Louisiana:
11Section 1. The Legislature hereby finds the following:
12A. Pursuant to Article IX, Section 1of the Constitution of Louisiana, the
13State has an affirmative duty to protect, conserve, and replenish natural resources,
14including navigable waters and submerged lands.
15B. Lake Maurepas and Lake Pontchartrain are navigable waters held in
16public trust and the submerged lands within these lakes provide essential benthic
17habitat, fisheries productivity, sediment stabilization, and water quality functions.
18C. Industrial trenching, anchoring, platform installation, dredging, sediment
19displacement, and geophysical or seismic survey activities may disturb benthic
20substrate, mobilize contaminants, and alter sediment transport and it is necessary to
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1ensure that such activities do not result in permanent impairment of submerged lands
2or long-term degradation of benthic productivity.
3Section 2. R.S. 49:214.43 is hereby enacted to read as follows:
4§214.43. Submerged lands; protection standard
5A. The requirements of this Section are in addition to and shall not replace
6or limit any other requirement applicable to coastal use permits.
7B. This Section shall apply to any coastal use permit application for the
8following activities or uses in, on, or beneath submerged lands of Lake Maurepas or
9Lake Pontchartrain:
10(1) Pipeline trenching or burial.
11(2) Platform construction, pile driving, or anchoring systems.
12(3) Dredging or sediment displacement.
13(4) Geophysical or seismic survey activities.
14C. (1) A coastal use permit for any activity provided for in Subsection A of
15this Section shall not be issued unless the department makes written findings,
16supported by competent scientific evidence, that each of the following are true.
17(a) Disturbance of submerged lands has been minimized to the maximum
18extent practicable, considering cost, existing technology, and project design
19constraints, consistent with project purpose.
20(b) The activity will not result in permanent alteration of lake bottom
21contours beyond natural seasonal variability.
22(c) Sediment transport patterns will not be measurably altered in a manner
23that will contribute to erosion, channelization, or persistent turbidity increases when
24evaluated in light of existing a reasonably foreseeable similar activities within the
25affected basin.
26(d) Concentrations of heavy metals or hydrocarbons in disturbed sediments
27will not exceed established ecological screening levels following disturbance.
28(e) Benthic biological productivity within the disturbed area is reasonably
29expected, based on best available scientific evidence, to recover to pre-disturbance
30levels within five years following completion of construction or survey activity.
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1(2) The applicant shall bear the burden of demonstrating compliance with
2each criterion of this Subsection.
3(3) The department shall make separate written findings addressing each
4criterion required by this Subsection and shall cite specific scientific data, modeling
5results, independent review findings, or other evidence contained within the
6administrative record supporting each determination.
7(4) If the department determines that one or more of the criteria of this
8Subsection cannot be satisfied based on the administrative record, the permit shall
9be denied.
10D. An application for a coastal use permit for any activity or use provided
11for in Subsection A of this Section shall not be deemed complete unless it includes
12the following documentation:
13(1) High-resolution benthic habitat mapping of the proposed disturbance area
14and adjacent buffer.
15(2) Sediment core sampling sufficient to characterize substrate composition
16and stability.
17(3) Laboratory testing of sediments for mercury, lead, cadmium, arsenic,
18chromium, nickel, and petroleum hydrocarbons.
19(4) Sediment elutriate testing simulating disturbance.
20(5) Sediment transport and hydrodynamic modeling sufficient to evaluate
21contour restoration and trench stability.
22(6) For seismic or geophysical surveys, a detailed description of survey
23methods, anchoring practices, vessel operations, and anticipated substrate
24interaction.
25E. Applications subject to this Section shall undergo independent scientific
26review. Independent reviewers shall be selected solely by the department and may
27include qualified marine scientists or geologists from Louisiana public universities
28or other neutral experts.
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1(1) The applicant shall deposit funds sufficient to cover reasonable and
2actual costs of independent review into a restricted escrow account administered by
3the department.
4(2) The applicant shall not select reviewers or have any control over their
5review.
6(3) The department shall respond in writing to findings of independent
7review prior to permit issuance.
8F.(1) Public hearing and record development. Prior to the issuance of a final
9decision under this Section, the department shall conduct at least one public hearing
10in the parish or region most directly affected by the proposed activity.
11(2) Notice of the hearing shall be provided not less than thirty days prior to
12the hearing date and shall include notice of availability of all application materials,
13scientific modeling, sediment analyses, and independent review findings.
14(3) The hearing shall provide an opportunity for the submission of oral and
15written comments from any member of the public, including scientific and technical
16testimony, which shall be included in the administrative record.
17(4) In its final decision, the department shall respond in writing to all
18material scientific or technical issues raised at the hearing and shall explain the basis
19for accepting or rejecting such evidence.
20G. Administrative record integrity. The administrative record shall include
21all documentation, data, modeling results, independent review findings, public
22comments, and written responses relied upon by the department in making its
23determination under this Section.
24H. For the purposes of this Section, the following definitions shall apply:
25(1) "Ecological screening levels" means sediment contaminant concentration
26thresholds protective of benthic organisms as established by rule of the department
27or by reference to recognized federal sediment quality guidelines, including but not
28limited to National Oceanic and Atmospheric Administration (NOAA) Effects Range
29Low (ERL) benchmarks or equivalent scientifically recognized standards.
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1(2)   "Pre-disturbance levels" means baseline physical and biological
2conditions documented through site-specific sampling conducted prior to
3construction or survey activity.
4(3) "Permanent alteration" means alteration persisting beyond five years
5following completion of the permitted activity.
6I. Nothing in this Section shall be construed to regulate matters exclusively
7within federal jurisdiction.
8Section 3. The provisions of this Act shall apply to any coastal use permit
9 application for which a final permit has not been issued as of the effective date of this Act.
10Section 4. If any provision of this Act or the application thereof is held invalid, such
11 invalidity shall not affect other provisions or applications of this Act which can be given
12 effect without the invalid provisions or applications, and to this end the provisions of this
13 Act are hereby declared severable.
14Section 5. This Act shall become effective upon signature by the governor or, if not
15 signed by the governor, upon expiration of the time for bills to become law without signature
16 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
17 vetoed by the governor and subsequently approved by the legislature, this Act shall become
18 effective on the day following such approval.
  DIGEST
 The digest printed below was prepared by House Legislative Services. It constitutes no part
 of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
 part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
 HB 890 Original  2026 Regular Session  Coates
 Abstract: Imposes additional permit application requirements for applicants seeking a
  coastal use permit for certain activity on Lake Maurepas or Lake Pontchartrain.
 Present law establishes a coastal zone management program. Specifies that the Dept. of
 Conservation and Energy, office of coastal management, is the state agency responsible for
 management of activities in the coastal zone, including the issuance of coastal use permits.
 Present law also establishes requirements for the issuance of coastal use permits and
 authorizes the promulgation of rules to provide guidance on permit decisions.
 Proposed law imposes additional requirements on any applicant seeking a coastal use permit
 to allow the following activity on Lake Maurepas or Lake Pontchartrain:
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(1)    Pipeline trenching or burial.
(2)    Platform construction, pile driving, or anchoring systems.
(3)    Dredging or sediment displacement.
(4)    Geophysical or seismic survey activities.
Proposed law requires the applicant to demonstrate all of the following to the department and
requires the department to make written findings supported by evidence in the administrative
record for each:
(1)    Disturbance of submerged lands is minimized.
(2)    The activity will not permanently alter lake bottom contours.
(3)    Sediment transport patterns will not contribute to erosion, channelization, or
   persistent turbidity increases.
(4)    Disturbed sediment will not release harmful concentrations of heavy metals or
   hydrocarbons.
(5)    Benthic biological productivity will recover within five years of disturbance.
Proposed law requires that the following additional documentation be submitted for these
permit applications:
(1)    Benthic habitat mapping.
(2)    Sediment core sampling.
(3)    Laboratory testing of sediments for certain substances.
(4)    Sediment elutriate testing.
(5)    Sediment transport and hydrodynamic modeling.
(6)    Detailed descriptions of any seismic or geophysical surveys.
Proposed law requires that permit applications subject to proposed law be reviewed by an
independent, neutral expert selected by the department and paid for by the applicant.
Proposed law requires a public hearing in the parish or region most affected by the proposed
activity that offers the public the opportunity to submit oral and written comments and
requires that the department respond in writing to all material scientific and technical issues
raised by comments received.
Proposed law requires the department to maintain an administrative record of all data,
independent findings, comments, and responses to comments relied upon to make a final
determination.
Proposed law applies to any permit application for which a final permit has not yet been
issued on the effective date of proposed law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 49:214.43)
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