ORDINANCE TO AMEND PARISH CODE OF ORDINANCES,
CHAPTER 7, DRAINAGE AND FLOOD CONTROL, ARTICLE I,
SECTION 7-002.00, LIMITING THE PLACEMENT OF FILL ON
PROPERTY ADJACENT TO CERTAIN WATERWAYS AND
DRAINAGE WAYS.
THE PARISH OF ST. TAMMANY HEREBY ORDAINS that Parish Drainage and Flood
Control Regulations, particularly Chapter 7, Article I of the Parish Code, are amended and reenacted
to prohibit the placement of any net fill on those lots meeting the criteria set forth therein and located
adjacent to certain waterways and drainage ways as follows:
B. Net Fill: For purposes of this section, net fill is defined as the placement of any fill material
that results in any increase in the surface elevation of property from its natural or pre-development
state. Excavation of existing soil and its replacement with fill is permissible, at the site where a proposed
structure is to be built, and at the site of a proposed driveway, provided there is no increase in the
surface elevation of the land from its natural or pre-development state. Any increase in the surface
elevation of the land from its natural or pre-development state, following adoption of this ordinance,
is strictly prohibited in the following areas:
(1) Net fill shall not be permitted on:
(a) Any lot or parcel of property within unincorporated St. Tammany Parish that is
located in Flood Zone A, according to an official survey.
(b) Any lot or parcel of property within unincorporated St. Tammany Parish that is
adjacent to:
1. Bayou Tete L'Ours or within the Bayou Tete L'Ours drainage basin.
2. Bayou Monga
3. Bayou Ponchitalawa
4. Southwind Creek
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5. Prieto Ditch
6. Abita River
7. Little Ponchitalawa Creek
8. C Street Lateral (Tammany Hills S/D)
9. Parker/Casril/Mire Roads Lateral
10. Bayou Lacombe
11. Bayou Castine
(c) Any lot or parcel of property within unincorporated St. Tammany Parish and
located within any critical drainage area as delineated by the Department of
Engineering on the Department's most current Critical Drainage Area Map.
C. Procedures and Requirements: Whenever application is made for a building permit to build
on property identified in paragraph B of this Section, the following procedures and requirements, in
addition to any others, shall be applicable:
(1) The applicant shall submit to the Department of Engineering an official survey of the
property that sets forth all of the information required by the Department of Engineering in the
Department's Existing and Proposed Grade Elevations Form, including the surface elevation
of the property in its natural or pre-development state.
(2) Whenever a concrete slab or any other structural foundation of a permanent nature is to be
constructed, the applicant or builder shall certify, after excavation of the site of the foundation
and prior to pouring any concrete, or installing any permanent foundation, that the foundation
is ready to be installed and that no net fill exists at the site of the foundation. The foundation
shall not be poured or installed prior to certification and inspection.
(3) Prior to the issuance of the certificate of occupancy, the applicant or builder shall submit an
official survey which confirms that no net fill exists on the property, otherwise a certificate
of occupancy shall not be issued.
D. Penalties: A violation of this Section shall constitute a misdemeanor punishable by a fine of
not less than ONE HUNDRED ($100.00) DOLLARS nor more than FIVE HUNDRED ($500.00)
DOLLARS, or by imprisonment for not more than thirty (30) days, or both such fines and
imprisonment. Each day that a violation continues shall constitute a separate offense. In lieu of, or in
addition to, the issuance of a misdemeanor summons, violations of the provisions of this chapter may
be enforced by imposition of civil penalties and injunctive relief in accordance with the following: Each
day that the violation remains shall constitute a separate offense and a civil penalty of not less than
ONE HUNDRED ($100.00) DOLLARS nor more than FIVE HUNDRED ($500.00) DOLLARS per day
shall be imposed. In addition to penalties provided by the Code, any violation hereof shall also be
subject to an action for abatement and removal of any offending fill work and/or ground surface
alteration.
E. Fill Affecting Subsurface Drainage: It shall be unlawful for any owner, contractor, builder
or subdivider to use, employ or apply fill in and/or on any lot situated within a subdivision located in
the unincorporated limits of the Parish wherein subsurface drainage is installed unless this material
is contained within the perimeter of the lot in an adequate manner to prevent runoff of the sand, fill,
clay or mixture thereof onto sidewalks, streets or into culverts or onto the property of abutting property
owners.
BE IT FURTHER ORDAINED that this Ordinance shall be effective immediately upon final
adoption.
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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.
WHEREUPON THIS ORDINANCE WAS SUBMITTED TO A VOTE AND RESULTED IN
THE FOLLOWING:
MOVED FOR ADOPTION BY__________________, SECONDED BY______________________
YEAS:
NAYS:
ABSTAIN:
ABSENT:
THIS ORDINANCE WAS DECLARED 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 March 25 2004
Published adoption 2004
Delivered to Parish President 2004 at
Returned to Council Clerk 2004 at