USA – LOUISIANA Law and Practice Contributed by: Jeffrey P. Good, Susan M. Tyler, B. Trevor Wilson and Parker Hufft, Jones Walker LLP
Obtaining Entitlements to Develop a New Project Applications for entitlements such as conditional use permits and variances are made to the local planning commission or board of zoning adjustments. The request process varies by municipality or parish, and is provided for in the applicable local comprehensive zoning plan. Public notice and a public hearing are almost always required in order to obtain an entitle - ment not permitted by right. Development approvals may include conditions relat - ed to infrastructure improvements, environmental mitigation or design modifications. The timeline for obtaining approvals varies significantly by jurisdiction and project complexity, ranging from a few months for simpler projects to 12–18 months for complex devel - opments in highly regulated areas. Third parties, particularly adjacent property own - ers, may have significant rights to participate in the entitlement process, including the right to speak at public hearings and the right to appeal decisions to the appropriate governing body and, ultimately, to the courts. Right of Appeal Against an Authority’s Decision Zoning ordinances and acts of zoning commissions, boards of adjustment or zoning administrators are subject to judicial review on the basis of “abuse of discretion, unreasonable exercise of the police pow - ers, an excessive use of the power herein granted, or the denial of the right of due process”. Local zon - ing ordinances typically establish the time period to file such a review, although there is limited state law regarding when an appeal must be filed. Appeals of administrative zoning decisions typically proceed first to a board of adjustment or similar local body before judicial review is available. Appeals to the courts are generally heard by the district court in the parish where the property is located. The timeframe for filing appeals is set by the zoning ordinances but is typically short. The appeal process can add several months to a year to the development timeline.
allows for local regulations aimed at historic preser - vation. While such regulations have been adopted and are prevalent throughout Louisiana, they are most restric - tive in the City of New Orleans and the Parish of East Baton Rouge. Although Louisiana is heavily industri - alised, zoning regulations are also generally restrictive with regard to industrial uses. For commercial projects, it is customary to obtain a zoning endorsement in connection with the title poli - cies issued for a particular project, which ensures that the intended use and the proposed plans are permit - ted under the applicable zoning laws. 4.2 Development Process, Challenges and Enforcement Regulatory Authorities Local governing authorities are primarily responsible for regulating the development and use of real estate. A planning commission and board of zoning adjust - ments are typically empowered under the local ordi - nance to administer the zoning and land use laws dis - cussed in 4.1 Legislative and Governmental Controls Applicable to Strategic Planning and Zoning . For projects in coastal areas, the C&E also has juris - diction through its coastal zone management pro - gramme. Projects affecting wetlands or waterways also require permits from the US Army Corps of Engi - neers and the Louisiana Department of Environmental Quality. In New Orleans, the City Planning Commission, the Board of Zoning Adjustments and the Historic District Landmarks Commission share regulatory authority. The Vieux Carré Commission has specific jurisdiction over the French Quarter. In Baton Rouge, the Planning Commission and the East Baton Rouge Parish Metro Council serve as the primary regulatory bodies. Special districts with specific land use authority also exist, such as the Sewerage and Water Board of New Orleans (with authority over drainage impacts) and various levee districts with authority over development near flood protection structures.
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