Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part XIII - Fill Material › Chapter 1 - Royalties › Section XIII-101 - License to Dredge; Classes of License; Royalties

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person or firm shall dredge fill
				material, sand or gravel from water bottoms of this state without a license
				from the Department of Wildlife and Fisheries.
B. The fee for such license shall be set at
				$25 for a noncommercial license and $50 for a commercial license. The license
				fee is nonrefundable.
C. There
				shall be five classes of license as indicated in the schedule below. A
				severance royalty payment, based on cubic yards of material removed from water
				bottoms of this state, shall be paid to the state through the Department of
				Wildlife and Fisheries in the amounts indicated in the schedule below.
Class
Applicability
Royalty Payment
License Fee
A
applicable to commercial dredging or initial
							 acquisition of fill sand or fill material with the specific intent to offer
							 such fill for resale
$0.29 / cubic yard
$50
B
applicable to dredging of fill sand or fill material
							 for commercial purposes other than the specific intent to offer such fill for
							 resale. Such commercial purposes shall include operations related to mineral
							 activities
$0.25 / cubic yard
$50
C
applicable to a person dredging or contracting for
							 dredging of fill sand or fill material for private, noncommercial
							 purposes
$0.15 / cubic yard
$25
D
applicable to dredging of fill sand or fill material
							 for an activity that has a public benefit, such as but not limited to a coastal
							 conservation or restoration activity, navigation purpose, removal of sediment
							 buildup, or recreational activity, except as provided in
							 R.S.
							 56:2011.E.
$0.05 / cubic yard
$25
E
applicable to all other dredging of fill sand or fill
							 material
$0.25 / cubic yard
$25
1. The license
				shall be valid for one year beginning January 1 and ending December 31 of that
				same calendar year. The license may be purchased at any time during the year
				for the current license year and beginning November 15 for the immediately
				following license year. No person with an outstanding violation of this Chapter
				may purchase a license. At all times, the original license shall be available
				at the dredge site for inspection by a duly authorized agent of the
				department.
2. Upon failure to pay
				royalty when due, a penalty of 1.5 percent per month calculated upon the
				royalty due, shall be levied and collected by the department in addition to the
				royalty due. This penalty shall become due without demand for payment by the
				department. This penalty is in addition to any other penalties or fines as
				provided by law.
3. Holder of a
				class A or B license that exceeds the licensed dredge volume may be levied a
				penalty of $0.05 / cubic yard calculated on the volume that exceeds the
				licensed volume. This penalty shall become due without demand for payment by
				the department.
4. Any interest
				and/or penalty owed on unpaid royalty shall be established by the department in
				accordance with the Administrative Procedure Act,
				R.S.
				49:950 et seq.