RS 41:1704

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RS 41:1704

§1704. Definitions

As used in this Chapter:

(1)"Encroachment" means any construction, or improvement, obstacle, fill, or material which is placed upon or maintained upon state lands.

(2)"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.

(3)"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.

(4)"Material" means rock, gravel, sand, shell, silt, or other inorganic substances used to fill any state lands of this state.

(5)"Deposit" means the action of placing or moving materials by artificial means, over state lands which results in or adds to a landfill, whether contained within a bulkhead or not.

(6)"Person" shall mean any individual, partnership, corporation, organization, or entity not including political subdivisions or state agencies.

(7)"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.

(8)"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.

(9)"Commercial" means built or operated for any purpose where revenue is produced or profit realized.

(10)"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.

(11)"Lessor" means the state of Louisiana, through the department.

(12)"Owner" means the actual owner of record.

(13)"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.

Added by Acts 1978, No. 645, §2, eff. July 13, 1978.