USA – LOUISIANA Law and Practice Contributed by: Jeffrey P. Good, Susan M. Tyler and B. Trevor Wilson, Jones Walker LLP
4.5 Right of Appeal Against an Authority’s Decision
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 New Orleans sewerage and water board (with authority over drainage impacts) and various levee districts with authori - ty over development near flood protection struc - tures. 4.4 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 adjust - ments. The request process varies by municipal - ity 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 entitlement not permitted by right. Development approvals may include conditions related to infrastructure improvements, envi - ronmental mitigation or design modifications. The timeline for obtaining approvals varies sig - nificantly by jurisdiction and project complexity, ranging from a few months for simpler projects to 12–18 months for complex developments 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.
Zoning ordinances and acts of zoning commis - sions, boards of adjustment or zoning adminis - trators are subject to judicial review on the basis of “abuse of discretion, unreasonable exercise of the police powers, an excessive use of the power herein granted, or the denial of the right of due process” . Local zoning 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 typi - cally proceed first to a board of adjustment or similar local body before judicial review is avail - able. Appeals to the courts are generally heard by the district court in the parish where the prop - erty is located. The timeframe for filing appeals is set by the zon - ing ordinances but is typically short. The appeal process can add several months to a year to the development timeline. 4.6 Agreements With Local or Governmental Authorities Local government involvement in projects var - ies by parish or municipality. Certain parishes, such as East Baton Rouge Parish, often enter into PUDs while planned developments are less prevalent in the City of New Orleans, given that the minimum size is generally five acres. Development agreements and community ben - efit agreements are becoming increasingly com - mon for larger projects, allowing developers to negotiate specific terms regarding infrastructure contributions, public amenities and phasing schedules in exchange for zoning flexibility or other incentives. These agreements can provide developers with greater certainty about develop -
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