Louisiana Revised Statutes & Codes

La. Rev. Stat. § 38:221 (2026)

Rice-flumes, dahls, or pipes in public levees prohibited

✓ current as of May 2026
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§221. Rice-flumes, dahls, or pipes in public levees prohibited

           A. No person shall place in, through, or under any public levee any rice-flume, dahl, pipe, or other conduit or, after due notification by the levee board or governing authority of the parish, shall fail to remove from the public levee any rice-flume, dahl, pipe, or other conduit that may at such date exist.

           B. Whoever violates this Section shall be fined not more than five hundred dollars or imprisoned for not more than sixty days, or both.

           C. For each conviction under this Section the district attorney prosecuting shall receive a fee of fifteen dollars.

           D. The provisions of this Section shall not be applicable to levees on the Mississippi River not embraced within the limits of the Fifth Louisiana, the Atchafalaya Basin, the Lafourche Basin, the Grand Prairie, the Buras, and the Orleans Levee Districts.

           E. The provisions of this Section shall not apply to pipes or other conduits placed through or under the public levees in New Orleans, or in municipalities or parishes when and where needed for the purpose of sewerage, gas, or for furnishing gas or electricity for the use of the cities, municipalities, or parishes and their inhabitants.

           F. The laying of such pipes through or under the public levees in cities, municipalities, or parishes shall be with the consent and approval of the levee board, the Department of Transportation and Development, for levees in the coastal area as defined in R.S. 49:214.2, the Coastal Protection and Restoration Authority, and the governing authorities of the cities, municipalities, or parishes and under the supervision of the Department of Transportation and Development, or the Coastal Protection and Restoration Authority.

           G. This Section shall not apply to locks connecting navigation canals with the Mississippi River.

           Amended by Acts 2010, No. 734, §3, eff. August 15, 2010; Acts 2016, No. 430, §4, eff. August 1, 2016.

Notes of Decisions
Cited in 5 cases, 1991–2015 · leading case: HAMP'S CONST. v. City of New Orleans, 924 So. 2d 104 (La. 2006).
HAMP'S CONST. v. City of New Orleans, 924 So. 2d 104 (La. 2006). “R.S. 38:221[1], et seq., is a prohibitory law founded on public policy.”
LICENSING BD. v. Dept. of Agric., 588 So. 2d 1268 (La. Ct. App. 1991). “Upon completion of the design and construction document phase, the engagement of a licensed contractor through a bidding process identical to that established in Louisiana R.S. 38:221 et seq. 3. The accomplishment of some of the construction through the services of existing…”
LAGC v. LA Dept. of Agr. & Forestry, 924 So. 2d 90 (La. 2006). “R.S. 38:221[1], et seq., is a prohibitory law founded on public policy.”
Louisiana Associated Gen. Contractors, Inc. v. Louisiana Dep't of Agric. & Forestry, 924 So. 2d 90 (La. 2006). “R.S. 38:221[1], et seq., is a prohibitory law founded on public policy.”
Se. Louisiana Bldg. & Constr. Trades Council v. Louisiana ex rel. Jindal, 107 F. Supp. 3d 584 (2015). “R.S. 38:221[1], et seq., is a prohibitory law founded on public policy.”
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