
By JIM BUTLER
The Police Jury this month changed 50 years of wetlands protection procedure in subdivision development.
Prompted by concern that development could be hindered by a vacuum in regulation created by a U.S. Supreme Court ruling, jurors changed requirements for subdivision plat submission.
The change was heard first in Rusty Wilder’s tourism/economic development committee, added by unanimous consent after not making the posted agenda.
Blank agendas are not uncommon. A public body meets letter of law by posting notice of meeting, then adds items by consent at the meeting.
It’s a routine way to get items as committee-ready as possible before adding to the agenda.
Of course, it is also a way to avoid public attention if officials are so inclined.
Depends on what glasses through which you view the world – rose-colored or otherwise.
Back to the wetlands, the court limited the EPA authority to regulate waters of the US, saying that only wetlands and permanent bodies of water with “a continuous surface connection” to “traditional interstate navigable waters” are covered by the Clean Waters Act.
Consequently the Corps of Engineers has paused issuing wetlands determinations, leaving the parish requirement of Corps-credible wetlands delineations on proposed developments in limbo.
On motion of Wilder, who knows a thing or two about property development needs, the jury dropped the certification necessity, entrusting the Planning Commission staff and board members to “reasonably apply” the court’s standard.
The jury action to “balance environmental protection with economic development” waives the Corps-stamped wetlands evaluation, until the Corps resumes determinations.
That resumption will be some time off, if ever.
In August, EPA and the Corps punted, proposing that the final rule on wetlands reflect the court opinion, reducing the amount of wetlands covered by federal law, and leaving to states the degree of protection wetlands not covered should have.
That “not covered” amounts to about 59 million acres not directly linked to “streams, oceans, rivers and lakes” to quote the justices.
Some states have credible records in such things, some don’t. Grade this one as you will.
Next agenda item after the change was adopted was, right, acceptance and approval of Downs Farm Subdivision at La 28 West & Downs Lane.