La. Admin. Code tit. 76 § XIII-101
Current through Register Vol. 50, No. 9, September 20, 2024
Section XIII-101 - License to Dredge; Classes of License; RoyaltiesA. No person or firm shall dredge fill material, sand or gravel from water bottoms of this state without a license from the Department of Wildlife and Fisheries.B. The fee for such license shall be set at $25 for a noncommercial license and $50 for a commercial license. The license fee is nonrefundable.C. There shall be five classes of license as indicated in the schedule below. A severance royalty payment, based on cubic yards of material removed from water bottoms of this state, shall be paid to the state through the Department of Wildlife and Fisheries in the amounts indicated in the schedule below. Class | Applicability | Royalty Payment | License Fee |
A | applicable to commercial dredging or initial acquisition of fill sand or fill material with the specific intent to offer such fill for resale | $0.29 / cubic yard | $50 |
B | applicable to dredging of fill sand or fill material for commercial purposes other than the specific intent to offer such fill for resale. Such commercial purposes shall include operations related to mineral activities | $0.25 / cubic yard | $50 |
C | applicable to a person dredging or contracting for dredging of fill sand or fill material for private, noncommercial purposes | $0.15 / cubic yard | $25 |
D | applicable to dredging of fill sand or fill material for an activity that has a public benefit, such as but not limited to a coastal conservation or restoration activity, navigation purpose, removal of sediment buildup, or recreational activity, except as provided in R.S. 56:2011.E. | $0.05 / cubic yard | $25 |
E | applicable to all other dredging of fill sand or fill material | $0.25 / cubic yard | $25 |
1. The license shall be valid for one year beginning January 1 and ending December 31 of that same calendar year. The license may be purchased at any time during the year for the current license year and beginning November 15 for the immediately following license year. No person with an outstanding violation of this Chapter may purchase a license. At all times, the original license shall be available at the dredge site for inspection by a duly authorized agent of the department.2. Upon failure to pay royalty when due, a penalty of 1.5 percent per month calculated upon the royalty due, shall be levied and collected by the department in addition to the royalty due. This penalty shall become due without demand for payment by the department. This penalty is in addition to any other penalties or fines as provided by law.3. Holder of a class A or B license that exceeds the licensed dredge volume may be levied a penalty of $0.05 / cubic yard calculated on the volume that exceeds the licensed volume. This penalty shall become due without demand for payment by the department.4. Any interest and/or penalty owed on unpaid royalty shall be established by the department in accordance with the Administrative Procedure Act, R.S. 49:950 et seq.D. A license shall not be issued to an applicant who is, or who contracts for the removal of fill material with someone whose fill material license has been revoked or suspended for cause within the past 12 months, or who has an outstanding, unresolved royalty debt to the department, or who has repeatedly violated other provisions of previous permits or agreements may be deemed to not be in good standing with the department.E. An application, including the applicants name and contact information, dredge site information, estimated amount of material to be removed, detailed description of the proposed activity, and state and federal permit numbers, shall be submitted to the department.F. A performance bond to run concurrently with the period of the license shall accompany the application. In lieu, the entire royalty fee owed to the state shall be remitted with the application.1. The performance bond shall be in the amount equal to the known volume (historical capacity) of the existing pit(s) to be filled.2. A certified copy of such bond must be submitted to the Department of Wildlife and Fisheries before commencement of any dredging operation.G.1. The extent of a single permitted site in the Mississippi River, the Atchafalaya River, the Red River, the Pearl River (not including the West Pearl), the Calcasieu River below the saltwater barrier, the Ouachita/Black River south of the confluence of Bayou Bartholomew shall not exceed 1 linear mile and shall not extend across the geometric center line of the stream.2. The extent of a single permitted site on all other streams except designated Natural and Scenic streams shall not exceed 1 linear half mile. Fill material, sand and gravel shall not be permitted to be removed from the water bottom of any designated Natural and Scenic River unless removal of such material is specifically allowed by statute.La. Admin. Code tit. 76, § XIII-101
Promulgated by the Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 19:1341 (October 1993), Amended LR 451477 (10/1/2019).AUTHORITY NOTE: Promulgated in accordance with R.S. 56:2011.