§23. Permit or consent required

            A. All dams, as described in R.S. 38:22, both federal and nonfederal but excluding the Toledo Bend Dam, and the locks and dams on the Red River, Ouachita River, Black River, Mississippi River and tributaries under the jurisdiction of the United States Army Corp of Engineers, shall be under the jurisdiction of the state acting through the chief engineer of the Department of Transportation and Development, office of engineering. The chief engineer, or his authorized representative, shall have supervision and overview of the construction, modification, operation, and maintenance of the dams to the extent required to protect life and property and to provide for the safety and welfare of the public. No person, partnership, association, corporation, agency, or political subdivision shall construct any such dam or make, construct, or permit to be made or constructed any modification of the dam without first obtaining the written consent or permit of the chief engineer. No permit is required for routine maintenance.

            B. All designs for new dams or for modifications or removal of existing dams under the jurisdiction of the state shall be designed by a professional engineer registered in Louisiana and shall be in compliance with all rules and regulations promulgated under the provisions of the Administrative Procedure Act. The engineer providing professional services shall notify the owner in writing of the owner's obligation to obtain a permit or written consent of the chief engineer before the start of construction of a new dam or modification or removal of an existing dam.

            Added by Acts 1981, No. 733, §1, eff. July 23, 1981; Acts 2012, No. 753, §5; Acts 2022, No. 687, §1, eff. June 18, 2022.