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La. Rev. Stat. § 28:478 (2026)

Promotion of community-based homes

✓ laws through the 2025 Regular Session (checked July 2026)
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§478. Promotion of community-based homes

           A. In order to achieve uniform statewide implementation of the policies of this Title and of those of the Developmental Disabilities Law and of the Behavioral Health Law, it is necessary to establish the statewide policy that community homes are permitted by right in all residential districts zoned for multiple-family dwellings.

           B. The department shall establish appropriate standards with interpretative guidelines and establish monitoring procedures. In no case shall a community home be placed within a one thousand foot radius of another community home.

           C. The local sponsor shall notify the local governing authority of his intent to file an application to the department to open a community home. In any area over which a local planning commission has jurisdiction the site selection shall first be submitted to the local planning commission, which shall recommend approval or disapproval of the site to the local governing authority. The local governing authority shall then affirm or reverse the decision of the planning commission by a majority vote of its entire membership, within forty-five days of the date of the original notification to the local planning commission. In any area in which there is no local planning commission, the local governing authority shall approve or disapprove the site within forty-five days from the date of the original notification to the local governing authority. Whenever the local governing authority has disapproved the site, the local sponsor and the department may develop an alternate site selection for the community home which is acceptable to the local sponsor, the local governing authority, and the department.

           D. Whenever the department schedules a public hearing to review any application to open a community home, the department shall notify each legislator whose district encompasses the proposed location of the home. The notice shall be provided at least five calendar days prior to the public hearing.

           E. Notwithstanding any provision of law to the contrary, the department, upon finding a qualified need for a community home in the parish of Rapides, that would not create an environment or atmosphere that will contradict the principle of integrated community living, may authorize such community home within a one thousand foot radius of another community home after meeting the following requirements:

           (1) A public hearing to review the application for the community home.

           (2) Written documentation supporting the necessity of the placement of the community home.

           Added by Acts 1981, No. 892, §1, eff. Aug. 2, 1981; Acts 1985, No. 521, §1, eff. July 12, 1985; Acts 1991, No. 826, §1; Acts 2011, 1st Ex. Sess., No. 13, §1, eff. June 12, 2011; Acts 2014, No. 811, §14, eff. June 23, 2014; Acts 2017, No. 369, §1, eff. August 1, 2017.

Notes of Decisions
Cited in 10 cases, 1984–1989 · leading case: Clark v. Manuel, 463 So. 2d 1276 (La. 1985).
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Clark v. Manuel, 463 So. 2d 1276 (La. 1985). · cites it 23× “28:476, within Chapter 5, as follows: it is the policy of this state as declared and established in this Title and in the mental retardation law and in the mental health law that mentally and physically handicapped persons are entitled to live in the least restrictive…”
Double D Manor, Inc. v. Evergreen Meadows Homeowners' Ass'n, 773 P.2d 1046 (Colo. 1989). · cites it 2× “1988); La.Rev.Stat.Ann. § 28:478 (West Supp.1989); Mo.”
Westwood Homeowners Ass'n v. Tenhoff, 745 P.2d 976 (Ariz. Ct. App. 1987). · cites it 2× “Code § 16-13-21-12 (Burns 1986); La. Rev. Stat. Ann. § 28:478 (Supp. 1987); Md.”
City of Kenner v. Normal Life of Louisiana, Inc., 465 So. 2d 82 (La. Ct. App. 1985). · cites it 14× “However, subsequently, the city of Kenner received complaints about the homes and the Regulatory Department issued a "cease and desist" order informing Normal Life that its use violated the city of Kenner zoning ordinance and LSA-R.S. 28:478. The city of Kenner then informed…”
City of Kenner v. Normal Life of Louisiana, Inc., 483 So. 2d 903 (La. 1986). · cites it 3× “R.S. 28:478 C. Eventually the City filed this action to enjoin operation of the homes.”
Thomas v. Evergreen Presbyterian Ministries, Inc., 535 So. 2d 1046 (La. Ct. App. 1988). · cites it 6× “They further alleged that the proposed use as a community home violated zoning ordinances and protective covenants and that Evergreen had not obtained local government approval as required by LSA-R.S. 28:478 C. The plaintiffs sought preliminary and permanent injunctions to…”
Zoning Bd. of City of Hammond v. Tangipahoa Ass'n for Retarded Citizens, 510 So. 2d 751 (La. Ct. App. 1987). · cites it 4× “R.S. 28:478 A [2] declares a right of community homes to be placed in zones for multiple-family dwellings, the Hammond R-11 classification is zoned for single family dwellings, and, thus, the statute's mandate is not applicable to T.”
Normal Life of La., Inc. v. Jefferson Par. Dept. of Inspection & Code Enf't, 483 So. 2d 1123 (La. Ct. App. 1986). · cites it 6× “R.S. 28:478, which states: Promotion of community based homes A.”
SPEC. Child.'S VILL. v. City of Baton Rouge, 472 So. 2d 233 (La. Ct. App. 1985). · cites it 4× “ASSIGNMENTS OF ERROR On appeal, the City-Parish alleges that the trial court erred in enjoining the enforcement of the zoning ordinances and in not requiring the Village to comply with La.”
Clark v. Lafayette Ass'n of Retarded Citizens, 461 So. 2d 323 (La. Ct. App. 1984). “In this connection, we must consider the failure of LARC to notify the Town Council of Scott of its intention to file its application to the Department of Health & Human Resources to open a community home, and the consequent fact that LARC’s site has not been approved by the…”
La. Rev. Stat. § 28:478(A): 1 case
Clark v. Manuel, 463 So. 2d 1276 (La. 1985). “28:476, within Chapter 5, as follows: it is the policy of this state as declared and established in this Title and in the mental retardation law and in the mental health law that mentally and physically handicapped persons are entitled to live in the least restrictive…”
La. Rev. Stat. § 28:478(B): 1 case
Clark v. Manuel, 463 So. 2d 1276 (La. 1985). “28:476, within Chapter 5, as follows: it is the policy of this state as declared and established in this Title and in the mental retardation law and in the mental health law that mentally and physically handicapped persons are entitled to live in the least restrictive…”
La. Rev. Stat. § 28:478(C): 5 cases
Clark v. Manuel, 463 So. 2d 1276 (La. 1985). “28:476, within Chapter 5, as follows: it is the policy of this state as declared and established in this Title and in the mental retardation law and in the mental health law that mentally and physically handicapped persons are entitled to live in the least restrictive…”
City of Kenner v. Normal Life of Louisiana, Inc., 465 So. 2d 82 (La. Ct. App. 1985). “However, subsequently, the city of Kenner received complaints about the homes and the Regulatory Department issued a "cease and desist" order informing Normal Life that its use violated the city of Kenner zoning ordinance and LSA-R.S. 28:478. The city of Kenner then informed…”
Normal Life of La., Inc. v. Jefferson Par. Dept. of Inspection & Code Enf't, 483 So. 2d 1123 (La. Ct. App. 1986). “R.S. 28:478, which states: Promotion of community based homes A.”
SPEC. Child.'S VILL. v. City of Baton Rouge, 472 So. 2d 233 (La. Ct. App. 1985). “ASSIGNMENTS OF ERROR On appeal, the City-Parish alleges that the trial court erred in enjoining the enforcement of the zoning ordinances and in not requiring the Village to comply with La.”
Clark v. Lafayette Ass'n of Retarded Citizens, 461 So. 2d 323 (La. Ct. App. 1984). “In this connection, we must consider the failure of LARC to notify the Town Council of Scott of its intention to file its application to the Department of Health & Human Resources to open a community home, and the consequent fact that LARC’s site has not been approved by the…”
La. Rev. Stat. § 28:478(a): 1 case
Zoning Bd. of City of Hammond v. Tangipahoa Ass'n for Retarded Citizens, 510 So. 2d 751 (La. Ct. App. 1987). “R.S. 28:478 A [2] declares a right of community homes to be placed in zones for multiple-family dwellings, the Hammond R-11 classification is zoned for single family dwellings, and, thus, the statute's mandate is not applicable to T.”
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