La. Admin. Code tit. 43 § XXVII-2501

Current through Register Vol. 50, No. 11, November 20, 2024

Section XXVII-2501 - General Permit Conditions

A. Approval of Local and Other State Authorities. No permits shall be issued nor shall any work commence until the application has first been approved by the governing authority of the parish wherein the property is located, Office of Public Works, Department of Wildlife and Fisheries, State Mineral Board, Coastal Management Section (if the project is in the coastal zone) and such other parochial or state agencies which may have jurisdiction over such matter. Coordination and dissemination among the several agencies will be performed by the commissioner of the Division of Administration.

B. Objections and Public Hearings

1. Objections shall be received by the commissioner of the Division of Administration for a period of 30 days from date of published notice, to correspond with the delays established by the U.S. Corps of Engineers. In the event that opportunity for public hearing is deemed necessary by either the state, through the commissioner of the Division of Administration, or the U.S. Corps of Engineers, all efforts will be made by the state to accommodate the applicant by holding one hearing together with the federal authorities at whatever time and place the latter stipulates.

2. At the end of the prescribed period for objections, or after the public hearing if necessary, the governing authority of the parish or parishes shall either approve or object to the application, with reasons, and forward their determination to the commissioner of the Division of Administration, together with all required attachments and evidence of publication of notice by either the Corps of Engineers or the applicant, for processing as provided herein.

C. Reasons for Denial or Limitation. No reclamation, encroachment or lease shall be allowed if in the determination of the Office of Public Works, Department of Wildlife and Fisheries, State Mineral Board or the commissioner of the Division of Administration, such activity would obstruct or hinder the navigability of any waters of the state, impose undue or unreasonable restraints on the state or public rights which have vested in such areas pursuant to Louisiana law, or result in unacceptable adverse impacts to the environment of the coastal zone, and to that extent the land area sought to be reclaimed, or the structure or construction, may be limited.

D. Hold Harmless. All permits and leases approved and issued hereunder shall be conditioned upon applicant's agreement to hold the State of Louisiana and her agencies and subdivisions harmless for applicant's acts or omissions in reclaiming and maintaining eroded lands and constructing or maintaining any structures and bulkheads, though the permit or lease for the same subsequently expires or is revoked.

E. Encumbrances. A permit will be issued subject to and encumbered with any right-of-way or servitude, or any mineral, geothermal, geopressure, or any other lease acquired or granted by the state for a lawful purpose while the reclaimed land was an eroded area. Nothing in these regulations shall prevent the leasing of state lands or waterbottoms for mineral or other purposes.

F. Maximum Permit Term. All permits issued pursuant to these provisions shall be effective for a period not to exceed two years from the date of issuance and shall thereupon expire. All work remaining or any additional work may be completed only by a new permit application.

G. Vested Rights. No permit or lease shall be construed to vest any proprietary rights or title in any private owner except as to lands actually reclaimed and maintained, pursuant to Act 645 of 1978. Eroded lands contiguous to the coast of the Gulf of Mexico as defined in the Decree of the United States Supreme Court dated July 16, 1975, in United States vs. Louisiana, No. 9 Original, may be reclaimed under reclamation permits, out to the coastline.

H. Copies to Local Governments. A copy of the permit issued, along with the pertinent plats attached and the documentation required to be submitted 60 days after completion of work shall be filed with the clerk of court of the parish or parishes affected. A copy of the above shall also be furnished the assessor of the parish or parishes for assessment purposes.

La. Admin. Code tit. 43, § XXVII-2501

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 19:492 (April 1993).

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