[Code of Federal Regulations]
[Title 36, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR327.19]

[Page 13]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
                    CHAPTER III--CORPS OF ENGINEERS,
                         DEPARTMENT OF THE ARMY
 
PART 327--RULES AND REGULATIONS GOVERNING PUBLIC USE OF WATER RESOURCE DEVELOPMENT PROJECTS ADMINISTERED BY THE CHIEF OF ENGINEERS--Table of Contents
 
Sec. 327.19  Permits.

    (a) It shall be a violation of this part to refuse to or fail to 
comply with the fee requirements or other terms or conditions of any 
permit issued under the provisions of this part 327.
    (b) Permits for floating structures (issued under the authority of 
Sec. 327.30) of any kind on/in waters of water resources development 
projects, whether or not such waters are deemed navigable waters of the 
United States but where such waters are under the management of the 
Corps of Engineers, shall be issued at the discretion of the District 
Commander under the authority of this section. District Commanders will 
delineate those portions of the navigable waters of the United States 
where this provision is applicable and post notices of this designation 
in the vicinity of the appropriate Manager's office.
    (c) Permits for non-floating structures (issued under the authority 
of Sec. 327.30) of any kind constructed, placed in or affecting waters 
of water resources development projects where such waters are deemed 
navigable waters of the U.S. shall be issued under the provisions of 
section 10 of the Rivers and Harbors Act approved March 3, 1899 (33 
U.S.C. 403). If a discharge of dredged or fill material in these waters 
is involved, a permit is required under section 404 of the Clean Water 
Act (33 U.S.C. 1344). (See 33 CFR parts 320 through 330.)
    (d) Permits for non-floating structures (issued under the authority 
of Sec. 327.30) of any kind in waters of water resources development 
projects, where such waters are under the management of the Corps of 
Engineers and where such waters are not deemed navigable waters of the 
United States, shall be issued as set forth in paragraph (b) of this 
section. If a discharge of dredged or fill material into any water of 
the United States is involved, a permit is required under section 404 of 
the Clean Water Act (33 U.S.C. 1344) (See 33 CFR parts 320 through 330). 
Water quality certification may be required pursuant to Section 401 of 
the Clean Water Act (33 U.S.C. 1341).
    (e) Shoreline Use Permits to authorize private shoreline use 
facilities, activities or development (issued under the authority of 
Sec. 327.30) may be issued in accordance with the project Shoreline 
Management Plan. Failure to comply with the permit conditions issued 
under Sec. 327.30 is prohibited.

[65 FR 6902, Feb. 11, 2000]