§ 41:1707 — Permits; applications; documentation and processing

§1707. Permits; applications; documentation and processing
A. Any person or entity desiring to commence operations upon any
encroachment as provided in R.S. 41:1706 shall notify the office in writing of
his intent to apply for a permit, and the nature thereof. Upon receipt of the
applicant's letter, the office shall forward the appropriate application forms to
the applicant with a copy of the regulations governing that class permit. The
office shall forward a copy of the letter of intent to the local governing
authority of the parish or parishes within which the encroachment is planned.
B. Applications shall be completed in triplicate and each copy shall be
accompanied by a certified deed of ownership of the lands contiguous to
public lands, or if the applicant is not the owner, then a certified copy of the
deed or other instrument under which the true owner holds title plus written
permission from the owner to carry out the project. If a certified copy of a
deed translative of title does not exist, then the office upon good cause shown,
may accept some other reasonable evidence of ownership of the adjacent
property to be benefited by the encroachment or other lawful proof of
applicant's authority to use the same. Where an encroachment is not attached
to or does not benefit property contiguous to these lands, the applicant shall
submit certified proof of the authority under which he is constructing the
encroachment.
C. All permit applications shall be accompanied by clear and legible
copies of maps, plans, details and other documentation and correspondence
submitted to the United States Army Corps of Engineers and other state, local,
or federal agencies which have jurisdiction over the proposed work.
Whenever possible, permits shall be granted for minor bulkheads, piers,
wharves or structures, upon satisfaction of documentation requirements of the
United States Army Corps of Engineers to avoid duplication of efforts by the
applicant. Where a permit application contemplates any form of landfill or
reclamation, or involves a substantial encroachment upon state lands, the
applicant shall provide a plat of survey as contemplated for land reclamation
permits under R.S. 41:1702, and any applicable engineering or architectural
plans. In all cases, an applicant shall submit additional information, prior to
issuance of a permit, where the secretary or attorney general requires the same
for consideration of the permit application or resolution of legal issues.

Legislative History

Added by Acts 1978, No. 645, §2, eff. July 13, 1978; Acts 2001, No. 919, §1.