of using marsh management practices and techniques to aid in controlling land loss and to prevent 

 further depletion of fish and wildlife stocks. It is the purpose of this paper to examine how marsh 

 management practices fit within Federal and Louisiana regulatory schemes, to identify problems and 

 conflicts that may exist in the law, and to help guide prospective marsh managers through the 

 regulatory maze. 



There are a myriad of activities carried out in the name of marsh management; consequently, 

 the first step is to define the term "marsh management." The Technical Steering Committee for 

 the Minerals Management Service study has developed the following tentative definition: " ... 

 marsh management is defined as the use of structures to manipulate local hydrology for the 

 purpose of reducing or reversing wetland loss and/or enhancing productivity of natural renewable 

 resources." 



While this definition does not encompass all the activities that have traditionally been associated 

 with marsh management, it seems to address most of the current policy considerations and goals. 

 In all likelihood, this definition is now or will become the standard used by the various regulatory 

 agencies in evaluating proposed marsh management plans; therefore, it will be the focus here 

 although other practices will be examined in less detail. 



This discussion is also limited to marsh management plans that are to be carried out on privately 

 owned land. Since there are differences in the laws that apply to Federal and State wildlife 

 refuges, marsh management activities in these areas will not be discussed. 



PROCEDURES AND PERMITTING NETWORK 



Permit Requirements and Application Procedures 



Under the provisions of the Louisiana State and Local Coastal Resources Management Act of 

 1978 (CRMA), a landowner or manager wishing to implement a structural marsh management plan 

 in the coastal zone (statutorily defined at La. R.S. 49:213.4) of Louisiana must obtain a coastal use 

 permit (CUP) from the Coastal Management Division (CMD) of the Louisiana Department of 

 Natural Resources or a permit from a local coastal management program (La. R.S. 49:213.11). In 

 most situations, they must also obtain a permit from the U.S. Army Corps of Engineers (Corps) 

 under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) or under §404 of the Clean 

 Water Act (33 U.S.C. §1344). In certain situations both Corps permits will be required. In some 

 cases a permit or a right of way grant may also be required from the Division of State Lands 

 (DSL) of the Department of Natural Resources (La. R.S. 41:1703). In accordance with a 

 memorandum of understanding between CMD and the New Orleans District of the Corps 

 establishing a "one window" permitting system, the CMD has been designated as the lead agency. 

 This means that for regulating activities in the coastal zone which have a direct and significant 

 impact on coastal waters and which are also subject to the §10 and §404 permitting jurisdiction of 

 the Corps, CMD is responsible for receiving permit applications and issuing joint public notices. 

 Therefore, an applicant for a marsh management plan within the coastal zone should apply to 

 CMD for a CUP. CMD will then immediately notify the Corps and send them a copy of the 

 permit application. The Corps then makes the determinations as to whether or not a §10 or §404 

 permit is required and if so begins processing the application as if the applicant had applied directly 

 to them for those permits. A determination is also made by the two agencies as to whether or not 

 a joint public notice will be used. Both agencies are required to provide a notice and comment 

 period before they may issue their respective permits (La. R.S. 49:213.1 1(c)(2); 33 U.S.C. §1344(a)). 

 Since this is only a joint public notice agreement and not a joint permitting system, if either agency 



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