§ 27-73. Distance of canals and ditches from property line; distance from structures.

(a)

Definitions. The following words and phrases, when used in this section, shall have the meanings respectively ascribed to them:

(1)

Canal means any excavation below the surface of the earth having a width at its top of thirty-five (35) feet or more.

(2)

Ditch means any excavation below the surface of the earth having a width at its top of less than thirty-five (35) feet, but more than five (5) feet.

(3)

Drainage means the conduction of water from one place to another for the purpose of drying the former.

(b)

Canals. It shall be unlawful for any person to construct a drainage canal within the parish closer than necessary for the maintenance of the canal. The minimum distance between the construction and the property line shall be thirty-five (35) feet. The maximum distance shall be seventy-five (75) feet. The actual land "as necessary for maintenance" shall be determined by the department of public utilities based on a soil stability analysis to be provided by the developer of the canal. In cases where a canal presently exists, it shall be unlawful for any person to develop property adjacent to a canal without providing the necessary servitude for the maintenance of the canal. The sizing of this land "necessary for maintenance of said canal" shall be identical to that as discussed above.

(c)

Ditches. It shall be unlawful for any person to construct a drainage ditch within the parish closer than that as necessary for the maintenance of the ditch. The minimum distance between the construction and the property line shall be twenty (20) feet. The twenty (20) feet is predicated upon verification that the existing ditch is capable of handling a ten (10) year rainfall, the banks of the ditch are stable and the slopes of the banks have been subjected to soil stability analysis. The maximum distance shall be thirty-five (35) feet. The actual land "as necessary for maintenance" shall be determined by the department of public utilities based on a soil stability analysis to be provided by the developer of the ditch. In cases where a ditch presently exists, it shall be unlawful for any person to develop property adjacent to a ditch without providing the necessary servitude for the maintenance of the ditch. The sizing of this land "necessary for maintenance of the ditch" shall be identical to that as discussed above.

(d)

Structures. It shall be unlawful for any person to construct a fence, building, structure, etc., closer than the minimum distance necessary for the maintenance of a canal as discussed in subsection (b). It shall be unlawful for any person to construct a fence, building, structure, etc., closer than the minimum distance necessary for maintenance of a ditch as discussed in subsection (c).

(e)

Determination of necessary distance. In determining the necessary distance, the department of public utilities shall take into consideration the current master drainage plan for the area.

(Code 1961, §§ 17-01—17-03, 17-03.1—17-03.3)