Louisiana § RS 3:4278.5 - Prohibited cutting of cypress trees; exceptions; penalty

§ RS 3:4278.5. Prohibited cutting of cypress trees; exceptions; penalty

            A. It shall be unlawful for any person or government entity, or his agent or employee, to cut, fell, destroy, remove, or to divert for sale or use, any cypress trees growing or lying on public land owned by or under the control of the state of Louisiana or local governing authority with exception to the following:

            (1) Removal of a fallen cypress tree or its stump with the consent of, or in accordance with the direction of, the governmental entity that owns the land.

            (2) Clearing and maintenance of trails or roads on wildlife management areas, rights-of-way, or to utility service situations where a utility is acting in good faith to minimize the damage or harm occasioned by an act of God.

            (3) Cutting or clearing as part of a management plan for managing aquatic vegetation and that plan is developed or approved by the Department of Wildlife and Fisheries.

            (4) Cutting or clearing of cypress trees for the purpose of creating a necessary boat lane or navigation corridor and the cutting or clearing of standing cypress trees is unavoidable and approval is received from the Department of Wildlife and Fisheries.

            (5) Cutting, clearing, removing, or diverting for sale or use of any cypress trees for integrated coastal protection as defined in R.S. 49:214.2 or a project listed in the comprehensive master coastal protection plan as defined in R.S. 49:214.2.

            (6) Cutting, clearing, removing, or diverting for sale or use of any cypress trees for any levee or drainage project by the departments, agencies, boards, or commissions of the state of Louisiana and their political subdivisions, including but not limited to a levee district or levee and drainage district as identified in Chapter 4 of Title 38 of the Louisiana Revised Statutes of 1950, parishes or municipalities, and the United States.

            B. Whoever violates the provisions of Subsection A of this Section shall be subject to the same penalties available in R.S. 3:4278.1(B) through (D). Additionally, the violator shall be subject to a fine not to exceed five thousand dollars, imprisonment not to exceed six months, or both.

            C. Notwithstanding any other provision of law to the contrary, a civil action instituted pursuant to the provisions of this Section shall be subject to a liberative prescriptive period of five years.

            Acts 2021, No. 190, §1, eff. June 11, 2021.