La. Admin. Code tit. 43 § XXVII-2101

Current through Register Vol. 50, No. 9, September 20, 2024

Section XXVII-2101 - Class A and Class E Permits

A. Permits may be granted to owners of land contiguous to and abutting navigable waterbottoms belonging to the state to construct landfills either for the purpose of reclaiming or recovering land lost through erosion by action of the water body if said erosion occurred on and after July 1, 1921, or for the purpose of maintaining an encroachment on non-eroded state lands. A Class A permit shall be issued for reclamation of lands eroded on or after July 1, 1921. Lands reclaimed shall be subject to the procedures as set forth in Boundary Agreements of these rules and regulations. A Class E permit shall be issued for reclamation of non-eroded lands. Landfills constructed on non-eroded state lands shall be subject to the procedures as set forth in "Leases: Reclamation" of these rules and regulations.

B. Submitting Procedures. Applicant shall notify the commissioner of the Division of Administration in writing of his intent to apply for a permit for work contemplated. Such letter shall contain a description of the proposed physical work to be performed, materials to be used and identity of the body of water involved. Upon receipt of applicant's letter, the commissioner shall forward the appropriate permit form to the applicant with a copy of these regulations. Upon completion of the appropriate form the applicant shall:

1. apply to the governing authority of the parish or parishes within which the work or structures will be located for their approval or permit for the project;

2. apply to the U.S. Corps of Engineers for the appropriate federal permit, and in the event that the Corps of Engineers declines jurisdiction over the proposed work, and does not publish notice;

3. cause to have published at least once, notice of the application in the official journal of the parish or parishes.

C. Fees

1. An application for a Class A or E permit shall be accompanied by a nonrefundable administrative and processing fee of $50.

2. In the event that review of the application requires special work in the field such as special field examination or survey, the applicant shall be required to pay for such special work, the price of which shall be fixed by the commissioner based on his estimate of the cost of special work to the state. The commissioner shall notify the applicant of the estimated cost of such special work and shall not proceed until the estimated cost of same is paid.

D. Application requirements for Class A or E permits issued under Act 645 of 1978. Applications must be submitted in triplicate to the commissioner of the Division of Administration, and each application must include the following:

1. application form as provided by the Division of Administration;

2. approval of the parish governing authority for the project;

3. a certified deed of ownership* (of the lands contiguous to public lands);

4. if the applicant is not the owner, a certified copy of the deed or other instrument* under which the owner holds title plus written permission for the applicant to carry out the project;

Note: Should the encroachment be located wholly upon state waterbottoms and not proximate to any bank or shore, no deeds of ownership or written permission need be furnished provided that the letter of intent contains details of ingress and egress for such structure;

5. map or plat showing:

a. location of the activity site including section, township, and range;

b. Louisiana grid coordinates of all corners and angle points;

c. name of waterway;

d. all applicable political (parish, town, city, etc.) boundary lines;

e. name of and distance of local town, community or other identifying location;

f. names of all roads in the vicinity of the site;

g. graphic scale;

h. north arrow;

6. plan view showing:

a. existing shorelines;

b. ebb and flood in tidal waters and direction of flow in rivers;

c. mean high water line;

d. mean low water line;

e. water depth around the project;

f. extent of land area reclaimed or filled shown in square feet;

g. extent of encroachment beyond applicable water lines;

h. waterward dimensions from an existing permanent fixed structure or object;

i. location of structures, if any, in navigable water immediately adjacent to the proposed activity;

7. elevation and/or section view showing:

a. same water elevations as in the plan view;

b. depth at waterward face of proposed work;

c. dimensions from applicable water lines for proposed float or pile supported platform;

d. graphic or numerical scale;

e. detailed drawings of construction including plot plan, cross section and profile;

8. nonrefundable administrative and processing fee of $50;

9. letter of intent.

E. Where a permit application contemplates any form of landfill or reclamation, the map or plat submitted must be prepared by a professional land surveyor currently registered by the State Board of Registration for Professional Engineers and Land Surveyors.

F. Verification of Work. Upon completion of the project, the applicant is required to submit verification of the work completed to the commissioner of the Division of Administration within 60 days. The applicant is required to submit a final certified map or plat prepared by a professional land surveyor currently registered by the State Board of Registration for Professional Engineers and Land Surveyors as verification.

G. Boundary Agreements and Leases

1. After fulfilling the requirements for verification of work completed pursuant to a reclamation permit, the applicant and the commissioner of the Division of Administration shall enter into an agreement fixing the definitive boundary between the reclaimed land area and the waterbottoms. No definitive boundary shall be fixed nor shall title be vested unless and until proof is made that the reclaimed land is raised to a minimum height of six inches above mean high water and is stabilized along the newly created bank or shore by masonry, concrete mats, riprap, sheet piling, bulkheads, or similar constructions to reasonably insure permanence as required by law.

2. Upon completion of a Class E permit construction and verification, a lease is required as follows:

a. after fulfilling the requirements for verification of work completed pursuant to a landfill the applicant and the commissioner of the Division of Administration shall enter into a lease agreement to operate or maintain the encroachment. Such leases will not be subject to competitive bidding except in those cases where the best interest of the state and applicant will be served. The consideration for such leases shall be based upon the size and nature of the encroachment. The lease shall be assessed at 5 percent of the appraised value of the land for noncommercial use and at 7.5 percent of the appraised value for commercial uses with a minimum fee of $100 per year. The property will be reappraised at the expiration of the primary term of the lease;

b. leases entered into shall be for a term of five years and subject to renewal by lessee for nine successive terms. In no case shall the maximum term of such leases exceed 50 years. At the end of a 50-year maximum period, lessees may apply for a new lease for the subject encroachment.

*Only one certified copy of deed or instrument is required.

La. Admin. Code tit. 43, § XXVII-2101

Promulgated by the Department of Natural Resources, Office of the Secretary, LR 3:248 (May 1977), amended LR 5:8 (January 1979), LR 7:342 (July 1981), LR 12:440 (July 1986), LR 17:777 (August 1991), repealed and repromulgated by the Office of the Governor, Division of Administration, State Land Office, LR 19:489 (April 1993).

AUTHORITY NOTE: Promulgated in accordance with R.S. 41:1701-1714 and R.S. 41:1131.