Louisiana § RS 41:1705 - Application of Chapter; exemptions

§ RS 41:1705. Application of Chapter; exemptions

This Chapter shall not apply to:

(1)  Piers, wharves, structures, or other improvements within the jurisdiction of any deep-water port commission of this state, including but not restricted to the authority to grant permits to construct, create, alter, improve, extend, or maintain any wharf, pier, dock, structure, or other improvement, and the granting of any permit for any of such purposes shall be and remain in the deep-water port commissions as to any such activity heretofore or hereafter performed or for which permit heretofore was or hereafter is sought.

(2)  Levees or other public flood control structures;

(3)  Temporary extensions to existing encroachment added for a period not to exceed six months, if required by low or high water, unless unduly interfering with public navigation or fishery;

(4)  Ordinary repairs and maintenance to existing encroachments;

(5)  Duck blinds, rafts, floats or buoys, unless unduly interfering with public navigation or fishery;

(6)  Shore or bank stabilization works;

(7)  Operations upon navigable waters by the United States Army Corps of Engineers in exercise of their authority over navigation;

(8)  Regulation of oyster beds, fish, and other wildlife, or collection of payment for fill materials exercised by the Department of Wildlife and Fisheries;

(9)  Any temporary emergency flood control measure;

(10)  Any highway related project undertaken by authority of the Department of Transportation and Development;

(11)  Any activity by a state mineral lessee in the development and operation of the lease;

(12)  The establishment and maintenance of any encroachment by the state agency in the discharge of its lawful duties or functions;

(13)  Pipeline rights-of-way granted over state lands by the estate; or

(14)  Commercial and noncommercial wharves and piers extending over public lands less than fifty linear feet whose surface area does not exceed one hundred fifty square feet, unless part of another encroachment or system or unduly interfering with public interests, navigation, or fishery.

(15)  Projects of the Terrebonne Parish governing authority utilizing the area of Bayou Terrebonne between Terrebonne High School and the Intracoastal Waterway for a public purpose.

(16)  Alternative oyster culture permits legally issued by the Department of Wildlife and Fisheries pursuant to R.S. 56:431.2.

Added by Acts 1978, No. 645, §2, eff. July 13, 1978.  Amended by Acts 1981, No. 1, §1, eff. May 18, 1981; Acts 1997, No. 222, §1; Acts 2012, No. 293, §1, eff. May 25, 2012.