Leasing and Ownership within Ocean and Coastal Waters
A Conservation Practitioner's Toolkit

Louisiana Resources

Waterbottoms Management Law

State Lands Regulations

Maps and Data

Ecoregional Assessment for the Northern Gulf of Mexico (2 MB)

The Nature Conservancy's Louisiana Chapter

State Agency Contact Database

Louisiana Summary

The Ocean and Coast

Louisiana borders the Gulf of Mexico for approximately 400 miles, but has 7,721 miles of coastline within that distance. Although Louisiana accounts for 30 percent of all coastal marsh in the lower 48 states, it also accounts for 90% of coastal marsh loss. Since the 1930s, the state has lost 1,900 square miles of land due to natural and human causes. The state owns the beds and bottoms of all navigable lakes, rivers, bays, estuaries, and the Gulf of Mexico extending offshore three nautical miles, totaling 3,500,000 acres between freshwater and saltwater areas.

Conservation Leasing and Ownership

As of June 2007, The Nature Conservancy had not undertaken formal law, policy, or spatial data assessments regarding options for private conservation of submerged lands and related resources in Louisiana. As such, we do not have a clear picture of what is legally possible, nor do we have a clear understanding of the ownership and leasing patterns across the coastal landscape and seascape. At this time, organizations wishing to pursue leasing or ownership of lands or resources lying below the high tide line should undertake site-specific assessments or work with state agency staff to evaluate opportunities statewide.

However, our initial inquiries into submerged lands issues in Louisiana revealed useful information. Private acquisition of publicly-owned water bottoms is likely not possible. If bottomlands are not already privately owned, then they cannot be acquired in fee-title by private entities (i.e., the state will not sell bottomlands). In general, state ownership begins at the highest winter tide line. But, there could be private claims of ownership to areas that are considered non-navigable. As such, where private ownership exists, there may be opportunities for private conservation organizations to acquire the lands or resources in fee-title.

As for leasing, there is no known precedent for conservation leasing in the state, but some local coastal conservation organizations are undertaking shellfish restoration on state-owned bottomlands, presumably without leases. Whether organizations pursue leasing or ownership opportunities, several local, state, and federal authorizations may be required to undertake conservation activities on submerged lands in Louisiana. The information that follows provides context for and information regarding possible authorization needs.

Submerged Lands - Navigable Water Bottoms

Louisiana refers to its submerged lands as navigable water bottoms. State ownership of navigable water bottoms within the Gulf of Mexico and the arms of the sea generally start at the seashore, which begins on the landward side at the highest tide of winter or the ordinary high water (OHW) line (there is some question as to which line is the official ownership line as the OHW line is likely to be more landward than the highest tide of winter line). In lakes and bays, state ownership of navigable water bottoms begins at the OHW line, while in rivers and streams state ownership begins at the ordinary low water (OLW) line. The area in between the OHW line and the OLW line in rivers and streams is called the bank and is generally considered private.

The State Lands Office (SLO) of the Division of Administration manages all state-owned lands, including navigable water bottoms. The Lands and Waterbottoms Management sub-office administers leases and permits for structures, reclamation, and fills on non-eroded waterways. The SLO seeks to provide the state with the greatest economic return and utilization of state lands, and leases thus far have been issued on a competitive economic basis.

Leasing of mineral resources, including those below navigable water bottoms, is handled by the Office of Mineral Resources in the Louisiana Department of Natural Resources.

Division of Administration
Land and Waterbottoms Management - State Lands Office
1201 North Third Street, Suite G-150
P.O. Box 44124
Baton Rouge, LA 70804
Tel: 225-342-4600
Email: clay.carter@la.gov

Louisiana Department of Natural Resources
Office of Mineral Resources
P.O. Box 2827
Baton Rouge, Louisiana 70821-2827
Tel: 225-342-4615
Fax: 225-342-4527
Email: omr@dnr.state.la.us

Coastal Zone and Shoreline Development

The Office of Coastal Restoration and Management (OCRM) of the Department of Natural Resources is the primary manager of Louisiana’s coastal zone. This office regulates and administers permits for many activities along the coast, as well as implementing the state’s Coastal Management Plan. OCRM’s Restoration and Engineering Divisions are actively involved in coastal restoration projects. OCRM's Management Division issues Coastal Use Permits (CUP), which are required for most activities in the coastal zone.

Louisiana Department of Natural Resources
Office of Coastal Restoration and Management
P.O. Box 44027
Baton Rouge, LA 70804-4027
Tel: 225-342-3583
Email: crdinfo@la.gov

Water Quality

The Louisiana Department of Environmental Quality's Water Permits Division is responsible for coastal and inland water quality permitting in the state. Conservation projects that directly or indirectly affect water quality should contact the Water Permits Division.

Louisiana Department of Environmental Quality
Water Permits Division - Office of Environmental Services
PO Box 4313
Baton Rouge, LA 70821-4313
Phone: (225) 219-3181
Fax: (225) 219-3309

Fish, Wildlife, and Aquaculture

Oysters are a $30 million dockside industry in Louisiana, and most oysters are harvested from seeded oyster leases.1 There are about 2 million acres of oyster grounds in Louisiana, with 1.6 million acres designated as “public ground” and 400,000 acres available for leasing. Aquaculture in the state of Louisiana is managed by the Department of Fisheries and Wildlife (DFW) in conjunction with the Department of Agriculture and Forestry. Leases for aquaculture are issued by DFW for a period of 15 years, renewable at the end of the term. Additionally, Louisiana has an Aquaculture Task Force consisting of constituents from the variety of offices and institutions with interest in aquaculture, aimed at supporting and promoting the practice. The DFW also manages and regulates any activities that might affect fisheries or wildlife.

Louisiana Department of Wildlife & Fisheries
Marine Fisheries Division
2000 Quail Drive
P.O. Box 98000
Baton Rouge, LA 70898
Tel: 225-765-2801
Email: roussel_je@wlf.state.la.us

Louisiana Department of Agriculture and Forestry
Marketing Development - Aquaculture Task Force
5825 Florida Blvd., Suite 1180
P.O. Box 3334
Baton Rouge, Louisiana 70821
Tel: 225-922-1280
Fax 225-922-1289
Email: roy_j@ldaf.state.la.us

Beaches

The primary manager of Louisiana’s state beaches is the Department of Culture, Recreation and Tourism, Office of State Parks. If the land in question is not included on state park land, then the jurisdiction most likely falls to the local county government.

Louisiana Department of Culture, Recreation and Tourism
Office of State Parks
P.O. Box 44426
Baton Rouge, Louisiana 70804-4426
Tel: 888-677-1400
Email: parks@crt.state.la.us

1 Oyster Strike Force. Louisiana Department of Wildlife and Fisheries. http://www.wlf.state.la.us/publicservices/enforcement/oysterstrikeforce/ (accessed May 21, 2007).

 

Step 1: Getting Started
1.1 Lease and Own 101
1.2 Myths
1.3 Important Terms
Step 2: Decision Checklist
2.1 Conservation Priorities
2.2 Threats and Strategies
2.3 Organization Capacity
2.4 Ownership and Use
2.5 Laws and Policies
2.6 Owners and Agencies
2.7 Partners and Funders
Step 3: Acquisition Checklist
3.1 Project Initiation
3.2 Title Report
3.3 Owner Contact
3.4 Proposal Completion
3.5 Terms and Conditions
3.6 Funding
3.7 Documentation
3.8 Due Diligence
3.9 Regulatory Permits
3.10 Final Actions
3.11 Site Plan
Step 4: Implementation
4.1 Science
4.2 Habitat
4.3 Maintenance
4.4 Public Use
4.5 Enforcement
4.6 Outreach
Country Summaries
Belize
Chile
Colombia
Costa Rica
Ecuador
Indonesia
Mexico
Peru
United States
Other Countries
U.S. State Summaries
Alabama
Alaska
California
Connecticut
Delaware
Florida
Georgia
Hawaii
Louisiana
Maine
Maryland
Massachusetts
Mississippi
New Hampshire
New Jersey
New York
North Carolina
Oregon
Pennsylvania
Rhode Island
South Carolina
Texas
Virginia
Washington
Other States
Case Studies
Agreement: Ecuador
Agreement: Fiji
Agreement: Philippines
Agreement: Phoenix Islands
Concession: Chile
Lease: California
Lease: Connecticut
Lease: Indonesia 1
Lease: Indonesia 2
Lease: Tanzania
Lease: Washington
Lease/Own: California
Lease/Own: UK
License: Rhode Island
Own: Massachusetts
Own: New York
Own: North Carolina
Own: Texas
Own: Virginia
Own: Washington
Program: Arizona
Program: Washington
Permit: California
Permit: Mexico
Resources
Assessments
Contact Information
Funding Sources
Maps and Data
Publications & Presentations
Related Tools
Sample Documents
Workshop

 

Leasing and Ownership within Ocean and Coastal Waters     Copyright © 2007 The Nature Conservancy