Current through Register Vol. 50, No. 9, September 20, 2024
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.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
41:1701-1714 and
R.S.
41:1131.
