La. Admin. Code tit. 43 § XXVII-2301

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

Section XXVII-2301 - Class B, Class C and Class D Permits

A. A Class B Permit shall be issued to construct bulkheads or flood protection structures in proximity to the bank or shore. Permits and leases may also be granted for the construction and/or maintenance of commercial structures which are permanently attached to public lands by pilings or other means. Such structures shall include, but not be limited to wharves, piers, storage docks, camps, warehouses, residences, bulkheads, restaurants, dams, bridges, etc. A Class C permit shall be issued to construct wharves and piers and a Class D permit shall be issued for those structures other than wharves and piers. Exempted from permit and lease requirements are commercial and noncommercial wharves and piers less than 50 linear feet whose surface area does not exceed 150 square feet, unless part of another encroachment or unduly interferes with public interests, navigation or fishery. Structures constructed on state lands shall be subject to the procedures as set forth in "Leases: Structures" 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. upon request of the governing authorities of the parish 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 permit shall be accompanied by a nonrefundable administrative and processing fee of $10.

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 B, C, or D permits. 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 deed 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. name of waterway;

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

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

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

f. graphic scale;

g. 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 encroachment beyond the applicable water lines;

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

h. 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 load 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 $10;

9. letter of intent.

E. If the proposed project falls under the United States Army Corps of Engineers jurisdiction and permit(s) are being sought from that agency, the applications submitted to the Corps of Engineers may be submitted to the Division of Administration in lieu of the above, providing that all copies are clear and legible and the Corps permit application does in fact contain all of the information described above.

F. Leases

1. All Class C and D permits are accompanied by a lease agreement described as follows:

a. after fulfilling the requirements for a structure permit, 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;

b. annual rentals on leases for commercial wharves, piers, and other structures issued pursuant to R.S. 41:1201-1215 lying outside of the jurisdiction of deep water port commissions shall be levied at 2 cents per square foot of state owned land or waterbottom enclosed or utilized by the structures and associated vessels. Those lands so utilized shall include the pier, wharf or dock itself, all associated piles, dolphins, structures, and waters adjacent and contiguous to the above structures occupied by vessels docking at said structures. The waters so utilized by vessels and included in the lease shall be measured in 10-foot increments adjacent to and adjoining the structures (10, 20 or 30 feet) depending upon the size of the vessels docking at that particular pier, dock or wharf. Any contiguous area of water where boats may be moored shall be assessed according to the following schedule:

i. boats less than 35 feet in length require a 10-foot wide berthing;

ii. boats 35 to 75 feet in length require a 20-foot wide berthing;

iii. boats greater than 75 feet in length require a 30- foot wide berthing.

2. In no instance shall the consideration be less than $100 per annum.

3. 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-2301

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 19:491 (April 1993).

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