[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR322.4]

[Page 398]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 322--PERMITS FOR STRUCTURES OR WORK IN OR AFFECTING NAVIGABLE WATERS OF THE UNITED STATES--Table of Contents
 
Sec. 322.4  Activities not requiring permits.

    (a) Activities that were commenced or completed shoreward of 
established Federal harbor lines before May 27, 1970 (see 33 CFR 
320.4(o)) do not require section 10 permits; however, if those 
activities involve the discharge of dredged or fill material into waters 
of the United States after October 18, 1972, a section 404 permit is 
required. (See 33 CFR part 323.)
    (b) Pursuant to section 154 of the Water Resource Development Act of 
1976 (Pub. L. 94-587), Department of the Army permits are not required 
under section 10 to construct wharves and piers in any waterbody, 
located entirely within one state, that is a navigable water of the 
United States solely on the basis of its historical use to transport 
interstate commerce.