HB 1255

HLS 26RS-3906  ENGROSSED
 2026 Regular Session
 HOUSE BILL NO. 1255  (Substitute for House Bill No. 793 by Representative
  Muscarello)
 BY REPRESENTATIVE MUSCARELLO
 LOCAL GOVERNMENT: Provides relative to the violation of certain zoning restrictions,
  building restrictions, and subdivision regulations
1AN ACT
2 To amend and reenact R.S. 9:5625(A)(1), (3), and (4), (B), and (G)(3)(a), to enact R.S.
39:5625(A)(5) and (H), and to repeal R.S. 33:5052 and 5053, relative to zoning
4restrictions, building restrictions, and subdivision regulations; to provide relative to
5the violation of such restrictions and regulations; to provide relative to the time
6period for bringing actions for such violations; to provide relative to the filing or
7recordation of certain instruments; to provide relative to actions created for the
8purpose of amortization of nonconforming signs and billboards; and to provide for
9related matters.
10 Be it enacted by the Legislature of Louisiana:
11Section 1. 9:5625(A)(1), (3), and (4), (B), and (G)(3)(a) are hereby amended and
12 reenacted and R.S. 9:5625(A)(5) and (H) are hereby enacted to read as follows:
13§5625. Violation of zoning restriction, building restriction, or subdivision regulation
14A.(1)      All actions civil or criminal, created by statute, ordinance, or
15otherwise, except those actions created for the purpose of amortization of
16nonconforming signs and billboards enacted in conformity with the provisions of
17R.S. 33:4722, which may be brought by parishes, municipalities, or their
18instrumentalities or by any person, firm, or corporation to require enforcement of and
19compliance with any zoning restriction, building restriction, or subdivision
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  HB NO. 1255
1regulation, imposed by any parish, municipality, or an instrumentality thereof, and
2based upon the violation by any person, firm, or corporation of such restriction or
3regulation, must shall be brought within five years from the first act constituting the
4commission of the violation.
5*       *  *
6(3) With reference to violations of use regulations all such actions, civil or
7criminal, except those actions created for the purpose of amortization of
8nonconforming signs and billboards in conformity with the provisions of R.S.
933:4722, must All actions, civil or criminal, related to violations of use regulations
10shall be brought within five years from the date the parish, municipality, and the
11properly authorized instrumentality or agency thereof if such agency has been
12designated, first had been actually notified in writing of such the violation.
13(4) If no map, plat, survey, or other instrument evidencing a violation of a
14subdivision regulation imposed on a certain parcel of immovable property has been
15filed or recorded in the conveyance or mortgage records of the parish in which the
16immovable property is located prior to August 1, 2026, then the filing or recordation
17of a map, plat, survey, or other instrument evidencing noncompliance with applicable
18subdivision regulations shall not be the first act constituting the commission of the
19violation for the purposes of the prescriptive period established in Subsection A of
20this Section.
21(4) (5) Except as relates to nonconforming signs and billboards, any Any
22prescription heretofore accrued by the passage of two years shall not be interrupted,
23disturbed, or lost by operation of the provisions of this Section.
24B. In all cases where the prescription provided for herein has accrued, the
25particular property involved in the violation of the zoning restriction, building
26restriction or subdivision regulation shall enjoy the same legal status regarding the
27violation as land uses, construction features of buildings or subdivisions made
28nonconforming by the adoption of any zoning restriction, building restriction or
29subdivision regulation. However, the governing authority may provide for the
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  HB NO. 1255
1removal of nonconforming signs and billboards in accord with the provisions of R.S.
233:4722.
3*       *  *
4G.
5*       *  *
6(3)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection,
7the prescriptive period set forth therein regarding any action to enforce a zoning
8restriction or regulation or a violation thereof in the Vieux Carre section of the city
9of New Orleans shall begin to run on the date the properly authorized agency of the
10city actually receives written notice of the violation.
11*       *  *
12H. This Section shall not apply to actions created for the purpose of
13amortization of nonconforming signs and billboards enacted in conformity with the
14provisions of R.S. 33:4722.
15Section 2. R.S. 33:5052 and 5053 are hereby repealed in their entirety.
16Section 3. The Louisiana State Law Institute is directed to study the prescription of
17 actions to enforce zoning, subdivision, and land use regulations by political subdivisions in
18 light of the recent decisions in McCormick v. Ford (La. 5/9/2025), 408 So.3d 932, and
19 Bossier Parish Policy Jury v. Hicks, (La. App. 2 Cir., 11/19/2025), 425 So.3d 252, and
20 propose legislation that balances the public purpose of regulating land use and the right of
21 property owners not to be deprived of property without due process of law and just
22 compensation.
23Section 4. The provisions of this Act shall have prospective application only.
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  HB NO. 1255
  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 1255 Engrossed  2026 Regular Session  Muscarello
Abstract: Provides relative to the prescriptive period for actions brought for the violation
  of certain regulations imposed on immovable property.
Present law provides that all actions civil or criminal, created by statute, ordinance, or
otherwise, which may be brought by parishes, municipalities, or their instrumentalities or
by any person, firm, or corporation to require enforcement of and compliance with any
zoning restriction, building restriction, or subdivision regulation, imposed by any parish,
municipality, or an instrumentality thereof, and based upon the violation by any person, firm,
or corporation of such restriction or regulation, must be brought within five years from the
first act constituting the commission of the violation. Excepts those actions created for the
purpose of amortization of nonconforming signs and billboards enacted in conformity with
the provisions of present law (R.S. 33:4722).
Proposed law retains present law.
Present law provides that all actions, civil or criminal, related to violations of use regulations
must be brought within five years from the date the parish, municipality, and the properly
authorized instrumentality or agency thereof if such agency has been designated, first had
been actually notified in writing of the violation. Excepts those actions created for the
purpose of amortization of nonconforming signs and billboards in conformity with the
provisions of present law (R.S. 33:4722).
Proposed law removes reference to the designated agency. Proposed law otherwise retains
present law.
Proposed law provides that if no map, plat, survey, or other instrument evidencing a
violation of a subdivision regulation imposed on a certain parcel of immovable property has
been filed or recorded in the conveyance or mortgage records of the parish in which the
immovable property is located prior to August 1, 2026, then the filing or recordation of a
map, plat, survey, or other instrument evidencing noncompliance with applicable subdivision
regulations shall not be the first act constituting the commission of the violation for the
purposes of the prescriptive period established in present law.
Present law provides that any prescription accrued by the passage of two years shall not be
interrupted, disturbed, or lost by operation of the provisions of present law. Excepts
prescription as relates to nonconforming signs and billboards.
Proposed law retains present law.
Present law provides that in all cases where the prescription has accrued, the particular
property involved in the violation of the zoning restriction, building restriction or
subdivision regulation shall enjoy the same legal status as land uses, construction features
of buildings or subdivisions made nonconforming by the adoption of any zoning restriction,
building restriction or subdivision regulation. Provides that the governing authority may
provide for the removal of nonconforming signs and billboards in accord with the provisions
of present law (R.S. 33:4722).
Proposed law removes provisions that authorize the governing authority to provide for the
removal of nonconforming signs and billboards in accordance with the provisions of present
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  HB NO. 1255
law (R.S. 33:4722). Specifies that the particular property involved in the violation enjoys
the same legal status regarding the violation as land uses, construction features of buildings
or subdivisions made nonconforming by the adoption of any zoning restriction, building
restriction or subdivision regulation.
Present law provides that the prescriptive period provided for in present law regarding any
action to enforce a zoning restriction or regulation or a violation thereof in the Vieux Carre
section of the city of New Orleans shall begin to run on the date the properly authorized
agency of the city actually receives written notice of the violation.
Proposed law removes the term actually from the provisions of present law.
Present law (R.S. 33:5052) requires all clerks and ex-officio recorders and notaries public
in all the parishes, the parish of Orleans excepted, to refuse to place on record any deeds of
sale of property to which present law (R.S. 33:5051) applies until the provisions of present
law (R.S. 33:5051) have been complied with. Requires them to report to the district attorney
all violations thereof coming within their knowledge.
Present law (R.S. 33:5053) provides that any person, agent, or attorney in fact who violates
present law (R.S. 33:5051 or 5052) shall be fined not less than $10 nor more than $500 for
each offense.
Proposed law repeals present law.
Proposed law directs the La. State Law Institute to study the prescription of actions to
enforce zoning, subdivision, and land use regulations by political subdivisions in light of the
recent court decisions and to propose legislation that balances the public purpose of
regulating land use and the right of property owners not to be deprived of property without
due process of law and just compensation.
Proposed law has prospective application only.
(Amends R.S. 9:5625(A)(1), (3), and (4), (B), and (G)(3)(a); Adds R.S. 9:5625(A)(5) and
(H); Repeals R.S. 33:5052 and 5053)
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