Current through Register Vol. 50, No. 3, March 20, 2024
A. Background. In 1987, by an Act of the
Louisiana State Legislature (Acts 1987, No. 324, §1, effective July 6, 1987),
the Louisiana Department of Wildlife and Fisheries (LDWF) was named as the
state agency responsible for administering the Louisiana Natural Areas
Registry. A subsequent state legislative Act established the Wildlife Habitat
and Natural Heritage Trust to manage funds for the purpose of acquiring and
properly managing natural areas in Louisiana (Acts 1988, No. 492, §1, effective
July 9, 1988). The Louisiana Natural Areas Registry provides official state
recognition of natural heritage values on land parcels where they occur. A
voluntary registration agreement adds a measure of protection, and servitudes
or dedication of a Natural Areas Preserve provides secure protection.
B. Purpose. The primary purpose of dedicated
nature preserves and conservation servitudes is to permanently protect high
quality examples of Louisiana's natural heritage through land acquisition or
perpetual easements by LDWF. To "dedicate" a property is defined as the
transfer to LDWF of property rights in any natural area to be held for the
citizens of Louisiana to protect the natural heritage values of the
property.
C. Objectives. The
primary objective of the Louisiana Natural Heritage Program (LNHP) is to assure
that each species of conservation concern and each natural community type
tracked by LNHP is adequately represented at securely protected sites. This can
be accomplished by dedication of the property or through conservation
servitudes that duly protect the property.
D. General Guidelines
1. A request for a dedication or servitude
may be initiated by any party (LDWF, other state or federal agency, landowner,
non-government organization, or other interested parties), and must be
submitted to LNHP in writing and must include a justification, general
information on the property and specific location and boundary map.
2. LNHP will review initial requests, and
determine if proposed sites are eligible for dedication or servitude. LNHP will
recommend only those properties that support rare plant or animal species, or
an exemplary natural community type(s).
E. Specific Requirements
1. To begin the dedication or servitude
process, a site is first evaluated by means of a comprehensive field survey(s)
conducted by LNHP. These baseline results should include a general description
of the natural communities present on the site specifying size (in acres or
hectares), condition, plant species composition, and community structure. Other
site data should include topography, soils, rare plant and animal species
present, any disturbances to the site (anthropogenic or natural), current
management, and status of the landscape surrounding the site. Evaluations that
depend on seasonal opportunities for study (i.e., determination of the presence
or absence of a particular species that is only evident during certain seasons
of the year or within a limited time frame) may extend the survey period. A
general description of the site boundaries, photographs of key areas within the
property, management considerations and assessment factors mentioned above, are
all documented in the survey.
2.
LDWF shall accept only those areas determined to be high quality for dedication
or servitudes. LDWF's determination will take into consideration information
from the site survey, biodiversity of the site, numbers and quality of rare
species and/or natural communities, whether the species and natural communities
present are protected elsewhere within the state, previous land-use and its
impacts to the site, any invasive species present and any other relevant
biological or management factors.
3. LDWF shall not accept any portion of a
property for natural areas dedication or servitude that currently has pine
plantations with off-site timber, homesites, extensive livestock grazing,
agricultural farms, or industrial or commercial uses unless LDWF determines
that the site can be reclaimed and restored to natural conditions.
4. A Natural Areas Preserve Committee within
LDWF composed of staff from the Office of Wildlife, and such other staff as is
appropriate will review all pertinent information to make a determination of
whether the site qualifies for natural areas dedication or servitude.
5. If the committee finds that dedication of
the area as a Natural Areas Preserve or servitude to be appropriate and
feasible, then the landowners of the proposed dedicated nature
preserve/servitude and the LDWF Natural Areas Preserve Committee will work
together to formulate the deed of dedication. The landowner is responsible for
the land survey to determine the property appraisal, and agrees to subordinate
any mortgages or deeds of trust affecting the property. The dedication or
servitude agreement will contain a legal description of the boundaries of the
site, specify the natural heritage values the agreement is designed to protect,
and detail any financial provisions and any other considerations as needed.
Additional documents may accompany the dedication or servitude agreement as
required to meet the needs of the agency or other parties.
6. The landowner(s) who is transferring
ownership or donating a servitude to LDWF is responsible for obtaining
professional advice as they so desire.
7. LDWF shall notify adjacent landowners in
writing of the dedicated preserve or servitude and measures to protect it, at a
minimum through publication in the official parish journal(s) of the parish(es)
in which the property is located. LDWF is also responsible for any associated
costs of this notification.
8. LDWF
shall monitor each natural areas dedicated preserve and servitude annually to
assess its condition and ensure that there have been no violations of the
agreement. The monitor shall inspect the preserve/servitude, documenting
current conditions, and identifying and documenting any violations of the
agreement.
9. A management plan
shall be developed by LNHP for each dedication and servitude that includes a
property description (location, geology, physiography, hydrology, and soils),
biological conditions, land use history and current conditions (hydrology,
natural communities, logging, invasive and off-site species, trespassing),
management objectives, and the management activities with specific natural
community and species management related actions. The plan should delineate a
detailed management scheme with the primary purpose to guide maintenance and/or
restoration of native species and natural communities while integrating
appropriate human use without compromising ecological integrity.
10. The Natural Areas Preserve Committee
shall review and approve the management plan and any amendments. Amendments to
the original servitude agreement or preserve management plan may be accepted by
the committee only if the amendments will not negatively impact the overall
natural heritage values present on the property.
11. Dedicated preserve/servitude signs shall
be posted at each entrance and along its boundary at or near 100-yard
intervals.
12. The LDWF Natural
Areas Preserve Committee shall review each dedicated preserve and servitude
management plan every 5 years to ensure adequate protection and/or restoration
efforts are being followed.
13.
Penalties and enforcement. LDWF will arrange meetings with the servitude owner
and/or adjacent landowners as necessary to discuss any violations of the
preserve or servitude agreement. Reparation by the violator shall be
documented, course of action agreed on, deadline for compliance determined, all
parties informed of required restoration action and compliance deadline, and
any restoration work is inspected and documented.
14. Servitudes may be transferred to another
qualified organization or agency if LDWF is no longer able to meet its
servitude stewardship responsibilities.
F. Additional Information. For more
information on Natural Areas Dedication and Conservation Servitudes, contact
the following office:
Department of Wildlife and Fisheries
Louisiana Natural Heritage Program
P.O. Box 98000
Baton Rouge, LA 70898-9000.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
56:1869.
