Louisiana Revised Statutes 41:1706 – Classes of permits
Terms Used In Louisiana Revised Statutes 41:1706
- Bank stabilization works: means concrete, rock, masonry, rip-rap, or similar materials used to cover existing banks or shorelines or bulkheads located above the mean low water line, all in acres subject to erosion, to combat the same. See Louisiana Revised Statutes 41:1704
- Commercial: means built or operated for any purpose where revenue is produced or profit realized. See Louisiana Revised Statutes 41:1704
- Encroachment: means any construction, or improvement, obstacle, fill, or material which is placed upon or maintained upon state lands. See Louisiana Revised Statutes 41:1704
- Landfill: means the direct or induced raising or elevating of any navigable waterbottom by deposit to the extent that newly emerging land results, not covered at mean low water or navigable rivers and streams or mean high water on other state properties. See Louisiana Revised Statutes 41:1704
- Noncommercial: means built or maintained by either private citizens or nonprofit corporations for the purpose of recreation and enjoyment and not for revenue production, except for nonprofit corporations, or realizing profit. See Louisiana Revised Statutes 41:1704
- Person: shall mean any individual, partnership, corporation, organization, or entity not including political subdivisions or state agencies. See Louisiana Revised Statutes 41:1704
- Pier: means any structure extending channelward from the shore or bank, built upon pilings with water on both sides, with or without a sunshade or boathouse, built or maintained for the purpose of providing a berthing or mooring place for watercraft or for loading or unloading cargo or passengers onto or from watercraft or for fishing. See Louisiana Revised Statutes 41:1704
- Structure: means any encroachment upon state lands, other than those which are specified as the subject matter of a particular class of permit, which is permanently attached to the public lands by pilings, or other means, including, but not limited to storage docks, houses, camps, warehouses, residences, bulkheads not proximate to the shore or bank, business establishments, dams, bridges, impoundment structures, or similar works. See Louisiana Revised Statutes 41:1704
- Wharf: means any structure built upon pilings extending along the shore and generally connected with the bank or shore along its length, with or without a sunshade or boathouse, built or maintained for the purpose of providing a berthing or mooring place for watercraft or for loading or unloading cargo or passengers onto or from watercraft or for fishing. See Louisiana Revised Statutes 41:1704
A. Any person desiring to construct, create, alter, improve, extend, or maintain any wharf, pier, dock, bulkhead, landfill, structure, or other encroachment shall obtain a permit from the office, prior to commencing any work, under the procedures established herein. Permits shall be classified as follows:
(1) Class A Permits: Permits for reclamation of lands lost through erosion under La. Rev. Stat. 41:1702(D)(1).
(2) Class B Permits: Permits to construct bulkheads or flood protection structures in proximity to the bank or shore, excluding bank stabilization works and projects to facilitate the development, design engineering, implementation, operation, maintenance, or repair of integrated coastal protection projects by the Coastal Protection and Restoration Authority under La. Rev. Stat. 49: 214.6.1 et seq. or other applicable law or projects for the Atchafalaya Basin Program.
(3) Class C Permits: Permits to construct commercial wharves and piers.
(4) Class D Permits: Permits to construct structures other than wharves or piers, excluding projects to facilitate the development, design engineering, implementation, operation, maintenance or repair of integrated coastal protection projects by the Coastal Protection and Restoration Authority under La. Rev. Stat. 49: 214.6.1 et seq. or other applicable law or projects for the Atchafalaya Basin Program.
(5) Class E Permits: Permits to construct landfills upon non-eroded state lands.
B. All permits shall be subject to the regulations and procedures established by this Chapter and adopted by the division or the office. The requirements and procedures for applicants established in La. Rev. Stat. 41:1702(D)(1) to implement reclamation of eroded lands shall govern reclamation projects; the regulations and procedures established by other Sections of this Chapter shall apply only to Class A Permits when no conflict exists with La. Rev. Stat. 41:1702. Noncommercial piers and wharves shall not be subject to permit requirements.
Added by Acts 1978, No. 645, §2, eff. July 13, 1978; Acts 2001, No. 919, §1; Acts 2018, No. 242, §2; Acts 2018, No. 570, §2, eff. July 1, 2018.