Another activity practiced by some owners and operators of wetland areas under the auspices 

 of marsh management is the use of barricades across waterways to block boat traffic, ostensibly 

 to reduce erosion from boat wakes and prevent vandalism to water control structures. This activity 

 would require a §10 permit from the Corps, but if the barricades were placed across naturally 

 navigable waterways, the State Lands Office of DNR would object to it as an unconstitutional 

 alienation of State lands (Morgan, pers. comm.). Their objection would in all likelihood result in 

 the Corps and CMD either denying or withdrawing the respective permits (Ventola, pers. comm.). 

 The current controversy over the Tidewater Canal underscores the problems in this area of the law. 



CONCLUSION 



The regulatory and permitting network that affects structural marsh management in the coastal 

 zone of Louisiana is a complex and often contradictory process. The intricacies between the 

 permitting agencies (CMD, DSL, the Corps) and the commenting agencies are designed to 

 safeguard various widely divergent public interest goals. This system can present a confusing front 

 to prospective marsh managers who may feel that they are over regulated. The lengthly process 

 involved in obtaining the required permits has left some applicants discouraged and frustrated with 

 the system. 



The laws that determine the policies of the regulatory and commenting agencies are also complex 

 and constantly evolving. This evolution is now being significantly influenced by growing awareness 

 of the seriousness of the coastal land loss problem. 



LITERATURE CITED 



Ketchum, K. 1988. Waterways of the marsh: marsh management plans and public rights. Tulane 

 Environ. Law J. 1:3-7. 



U.S. Department of Commerce, National Oceanic and Atmospheric Administration, Office of 

 Coastal Zone Management, and Louisiana Department of Natural Resources Coastal 

 Management Section. 1980. Coastal use guidelines 7.5, 7.7, and 7.8. Page 61 in Louisiana 

 coastal resources program final environmental impact statement. Office of Coastal Zone 

 Management, NOAA, and the Department of Commerce, Washington, DC. 



Vice, E. 1988. Managing your hunting land: expert advice available. La. Sportsman. 6(10):46. 



Wilkins, T. 1987. TEDs and the endangered species act of 1973. La. Coastal Law. 56:1-7. 



Yiannopoulos, A 1988. Five babes lost in the tide-a saga of land titles in two States: Phillips 

 Petroleum Co. v. Mississippi. Tulan" Law Rev. 62:1357. 



378 



