The authority to create, adopt, and implement a comprehensive plan by city and parish planning commissions is contained within Louisiana Statutes (LSA-R.S.) 33:101-33:119. Within Louisiana, the authority to adopt comprehensive plans as legal binding documents was granted by Act No. 300 (1946) of the Louisiana Legislature.
A planning commission may adopt a plan as a whole by a single resolution or may be by successive resolutions adopt successive parts of a plan.
Before adoption of a plan or any such part, amendment, extension, or addition, the following requirements must be met:
- A commission shall hold at least one public hearing.
- This commission shall give notice of the purpose, time, and place of the public hearing by one publication in a newspaper of general circulation throughout the parish at least ten days prior to the date set for the hearing.
The adoption of the plan or any such part or amendment or extension or addition shall be made by resolution of a commission.
Certified copies of the plan or part thereof shall be filed with the Louisiana State Planning Office, with the local legislative body and with the clerk of court of the Parish.
R.S. 33:109 Legal status of official plan
Whenever a commission has adopted a master plan of a parish or municipality, as the case may be, or one or more major sections or districts thereof and has filed certified copies thereof as provided in R.S. 33:108, no street, square, park or other public way, ground, or open space, or public building or structure, or public utility, whether publicly or privately owned, shall be constructed or authorized in the parish or municipality, as the case may be, or in such planned section or district until the location, character and extent thereof has been submitted to and approved by the commission. In case of disapproval the commission shall communicate its reasons to the local legislative body, which shall have the power to overrule such disapproval by a recorded vote of not less than two-thirds of its entire membership.
According to LSA RS 33:106–Planning commissions may "from time to time amend, extend or add to a master plan for the physical development of the unincorporated territory of a parish."
In forming the City-Parish Planning Commission, the City-Parish Government of Baton Rouge created a structure of local government whose powers and functions remain subject to the laws and constitution of Louisiana, and subject to the laws and constitution of the United States. In Christopher Estates v. Parish of East Baton Rouge–This court stated in Scwing v. Baton Rouge that governing bodies have the legal constitutional right to adopt master plans for physical development in the interest of public health, safety, and morals, and that this is especially true when municipalities and similar governing units are empowered to take such action by the state, as in the case with LA RS 33:101.
In the same lawsuit, LA 1337–In matters concerning decisions of the zoning board or planning commission, trial or reviewing court could not substitute its wisdom for that of governing body except when there is abuse of discretion or excessive use of power.
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