of local concern (La. R.S. 213.9). In accordance with this system, approved local programs have 

 been established in some parishes and have assumed permitting authority from CMD over certain 

 coastal uses of local concern. Under the CRMA a marsh management plan which intersected only 

 one body of water and which used a water control structure costing less than $15,000 would be of 

 local concern and would require a parish permit rather than a CUP (La. R.S. 213.5A(l)(a),(2)(j). 

 In addition the approved local programs are given the authority to comment on coastal use permit 

 applications being reviewed by CMD. The Coastal Management Division tries to accommodate 

 these comments if they concern something specifically addressed in the parish program or relate 

 to something of local concern and are not contrary to State policy (Rives, pers. comm.). 



FEDERAL PERMITTING NETWORK 



At the Federal level, the Corps (33 U.S.C. §1342 and 1344; 33 U.S.C. §403) is the permitting 

 agency regulating marsh management activities involving the discharge of dredged or fill material 

 in wetlands or for structures blocking navigable waters. This jurisdiction is statewide and is not 

 limited to the statutorily defined coastal zone as is the jurisdiction of CMD (33 U.S.C. §1362(12); 

 33 U.S.C. §403). Other Federal and State agencies are given commenting authority. This 

 commenting authority is granted to the U.S. Fish and Wildlife Service (USFWS) and DWF by the 

 Fish and Wildlife Coordination Act (16 U.S.C. 661-666c) and through a memorandum of agreement 

 between the DWF and the Corps. The National Marine Fisheries Service (NMFS), though not 

 specifically listed in the Fish and Wildlife Coordination Act, comments under authority of that act 

 since it was formerly the Bureau of Commercial Fisheries within the USFWS (35 Fed. Reg. 18,455). 

 That bureau was transferred along with its functions to the Department of Commerce in 1970 (35 

 Fed. Reg. 15,627). Thus, NMFS retained the commenting authority it had under the Fish and 

 Wildlife Coordination Act as the Bureau of Commercial Fisheries in the USFWS. NMFS also 

 comments under authority of a memorandum of agreement between itself and the Corps and 

 various other Federal statutes that grant NMFS responsibility for the protection of the habitat of 

 living marine resources. The Environmental Protection Agency (EPA) comments under the 

 authority of the Clean Water Act and a memorandum of agreement with the Corps (33 U.S.C 

 §1344(c)). 



The memoranda of agreement between the Corps and EPA NMFS, and USFWS also gives them 

 the authority to request referral of a District Engineer's (DE) decision to issue a permit. This 

 means that it will be reviewed at a higher level within the Corps. This process is called elevation 

 and would occur when the DE notifies the agency of its intent to issue the permit without 

 recommended conditions or over a recommendation of denial. 



In actuality the Corps and the commenting agencies attempt to resolve conflicts through standard 

 procedures before the elevation state is reached (Bosenburg, pers. comm.). Some of these 

 procedures are outlined in the memoranda of agreement while others are based on informal 

 agreements between the agencies. One such procedure is the interagency meeting. 



Interagency meetings between the Corps, Federal, and State commenting agencies and the 

 applicant are often held to discuss conflicts and possible solutions before a permit decision is made. 

 Often a commenting agency's proposed conditions coupled with its notice of intent to request 

 elevation serves as a catalyst for discussions between the applicant and the agency. Many conflicts 

 are resolved at this point. When an impasse is reached in which the applicant refuses to modify 



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