ORDINANCE
ORDINANCE TO AMEND PARISH CODE OF ORDINANCES, APPENDIX C,
ORD. NO. 523 LAND USE REGULATIONS, TO PROVIDE FOR ADDITIONAL
REQUIREMENTS IN ZONING DISTRICT STANDARDS REGARDING
REZONING AND CONDITIONAL USES OF PROPERTY THAT HAVE A
REASONABLE POTENTIAL TO ADVERSELY AFFECT NATURAL AND
SCENIC RIVERS (ZC03-10-062)
WHEREAS, the Legislature of Louisiana has established the Louisiana Natural and Scenic
Rivers System for the express purposes of (1) preserving, protecting, developing, reclaiming, and
enhancing the wilderness qualities, scenic beauties, and ecological regime of certain free-flowing
streams or segments thereof and (2) for the purpose of preserving aesthetic, scenic, recreational, fish,
wildlife, ecological, archaeological, geological, botanical, and other natural and physical features and
resources found along these streams or segments thereof; and
WHEREAS, the following rivers, or segments thereof, located within St. Tammany Parish,
are currently included in the Natural and Scenic Rivers System: The Bogue Chitto River from the
Louisiana-Mississippi state line to its entrance into the Pearl River Navigation Canal; the Tchefuncte
River and its tributaries from its origin in Tangipahoa Parish to its juncture with the Bogue Falaya
River; the Tchefuncte River from the Bogue Falaya River to Louisiana Highway No. 22, excluding
tributaries thereto from the Bogue Falaya south to Louisiana Highway No 22; the Tchefuncte River
from the Highway 22 bridge to Lake Pontchartrain (except as otherwise excluded); the West Pearl
River from the state line to its entrance into Lake Borgne; Homes Bayou; Bradley Slough (Bayou);
Wilson Slough (Bayou); Morgan River from its juncture with the Porters River to its reentry into
the West Pearl River; Bayou Lacombe from its headwaters to Lake Pontchartrain; Bayou Cane
from its headwaters to Lake Pontchartrain; the Bogue Falaya River from its headwaters to
Louisiana Highway 437; Bayou Chinchuba from the West Causeway Approach south to Lake
Pontchartrain; and the Abita River; and
WHEREAS, the state has required that in all planning for the use and development of water
and water-related land resources consideration shall be given by local, state and federal agencies to
the potential natural and scenic river areas, and all plans should discuss such potential and all
economic evaluations should consider aesthetic values as well as monetary values; and
WHEREAS, the St. Tammany Parish Council, as the final zoning authority in St. Tammany
Parish, recognizing the unique character, quality and value of the waterways included in the Natural
and Scenic Rivers System and all properties situated along these natural and scenic rivers, and in
order to preserve, promote and protect the scenic qualities, wildlife, recreational, ecological,
botanical and other natural and physical features, and in order to insure compatible uses and
development of such property, so as to maintain the natural and physical features and aesthetic
values of the property situated along and accessible to the natural and scenic rivers in St. Tammany
Parish.
THE PARISH OF ST. TAMMANY HEREBY ORDAINS to amend all zoning districts of the St. Tammany Parish Land Use Ordinance to provide for the following additional requirements in the district standards of each zoning district concerning property that has a reasonable potential to affect natural and scenic rivers:
ORDINANCE C. S. NO.
PAGE 2 OF 3
Rezoning and Conditional Uses of Property Affecting Natural and Scenic Rivers:
Whenever application is made for rezoning or to be granted a conditional use of property
that is situated along a waterway included in the Natural and Scenic Rivers System, or for the
rezoning or conditional use of property which has been determined to have the potential for an
adverse impact on such waterways, or on any property situated thereon, in addition to complying
with all other applicable provisions of the St. Tammany Parish Land Use Ordinance, the following
provisions and requirements shall apply:
1) The applicant for rezoning shall comply with all rules and regulations governing the
applicable zoning district.
2) The applicant for a conditional use permit shall comply with the minimum standards for
conditional uses in Section 3.02
3) All applicants shall file a copy of all permits required by the state, a state agency and the
federal government.
4) Prior to any final decision on any application for a permit for those activities that may have
the potential for significant impact on such waterways or property, a written evaluation, by the
Department of Planning, shall be made of the impact that the activities may have on the unique
character and value of such waterways and properties and upon the unique scenic qualities,
wilderness qualities, wildlife, recreational activities, ecology, botanical qualities, other natural and
physical features and economics.
5) The evaluation and final determination on any such application should insure compatible
uses and development of such property, so as to maintain the natural and physical features of the
waterways that are included in the Natural and Scenic Rivers system and the aesthetic values of the
property situated along and accessible to the natural and scenic rivers in St. Tammany Parish.
REPEAL: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
SEVERABILITY: If any provision of this Ordinance shall be held to be invalid, such
invalidity shall not affect other provisions herein which can be given effect without the invalid
provision and to this end the provisions of this Ordinance are hereby declared to be severable.
DATE OF ENACTMENT: This Ordinance shall become effective fifteen (15) days after
adoption.
MOVED FOR ADOPTION BY , SECONDED BY
WHEREUPON THIS ORDINANCE WAS SUBMITTED TO A VOTE AND RESULTED
IN THE FOLLOWING:
YEAS:
NAYS:
ABSTAIN:
ABSENT:
ORDINANCE C. S. NO.
PAGE 3 OF 3
THIS ORDINANCE WAS DECLARED DULY ADOPTED AT A REGULAR MEETING
OF THE PARISH COUNCIL ON THE DAY OF 2004 AND
BECOMES ORDINANCE COUNCIL SERIES NO. 04- .
PATRICIA BRISTER, COUNCIL CHAIRMAN
ATTEST:
DIANE HUESCHEN, COUNCIL CLERK
KEVIN DAVIS, PARISH PRESIDENT
Published introduction: , 2004
Published adoption: , 2004
Delivered to Parish President: , 2004 at
Returned to Council Clerk: , 2004 at