USA – LOUISIANA Law and Practice Contributed by: Jeffrey P. Good, Susan M. Tyler and B. Trevor Wilson, Jones Walker LLP
Subdivision Regulations Louisiana Revised Statutes Annotated Section 33:5051 requires that real estate must be sur - veyed and platted before the owner can sell off lots or squares. An owner of land within a subdi - vision may not transfer a portion of a subdivided lot without approval from the planning commis - sion of a plat of resubdivision. If a landowner attempts to transfer property that is not properly subdivided, state law provides for a monetary penalty, and the local parish or municipality may enjoin the transfer. There are restrictions on the use of property that is not properly subdivided; for example, a parish or municipality may with - hold the issuance of a building permit. 4.3 Regulatory Authorities Local governing authorities are primarily respon - sible for regulating the development and use of real estate. A planning commission and board of zoning adjustments are typically empowered under the local ordinance to administer the zon - ing and land use laws discussed in 4.1 Legisla- tive and Governmental Controls Applicable to Strategic Planning and Zoning , as well as the subdivision regulations discussed in 4.2 Legisla- tive and Governmental Controls Applicable to Design, Appearance and Method of Construc- tion . For projects in coastal areas, the Louisiana Department of Natural Resources also has jurisdiction through its coastal zone manage - ment programme. Projects affecting wetlands or waterways also require permits from the US Army Corps of Engineers 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 regula - tory authority. The Vieux Carré Commission has
and establishing building site plan requirements. State law specifically allows for local regulations aimed at historic preservation. While such regulations have been adopted and are prevalent throughout Louisiana, they are most restrictive in the City of New Orleans and the Parish of East Baton Rouge. Although Louisiana is heavily industrialised, zoning regula - tions 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 policies issued for a particular project, which ensures that the intended use and the proposed plans are permitted under the appli - cable zoning laws. 4.2 Legislative and Governmental Controls Applicable to Design, Appearance and Method of Construction Design and construction standards are primar - ily regulated at the local level, with each parish or municipality having its own building codes and design guidelines. Most jurisdictions have adopted the International Building Code with Louisiana amendments. Historic districts, par - ticularly in New Orleans and other older munici - palities, have additional design and appearance controls administered by historic district com - missions or architectural review boards. New construction must also comply with the Louisiana State Uniform Construction Code, which includes provisions for energy efficiency, structural integrity, and hurricane resistance. Coastal parishes typically have more stringent building elevation requirements to address flood risks.
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