[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR322.2]



[Page 406]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

PART 322_PERMITS FOR STRUCTURES OR WORK IN OR AFFECTING NAVIGABLE WATERS 

OF THE UNITED STATES--Table of Contents

 

Sec.  322.2  Definitions.



    For the purpose of this regulation, the following terms are defined:

    (a) The term navigable waters of the United States and all other 

terms relating to the geographic scope of jurisdiction are defined at 33 

CFR part 329. Generally, they are those waters of the United States that 

are subject to the ebb and flow of the tide shoreward to the mean high 

water mark, and/or are presently used, or have been used in the past, or 

may be susceptible to use to transport interstate or foreign commerce.

    (b) The term structure shall include, without limitation, any pier, 

boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, 

revetment, riprap, jetty, artificial island, artificial reef, permanent 

mooring structure, power transmission line, permanently moored floating 

vessel, piling, aid to navigation, or any other obstacle or obstruction.

    (c) The term work shall include, without limitation, any dredging or 

disposal of dredged material, excavation, filling, or other modification 

of a navigable water of the United States.

    (d) The term letter of permission means a type of individual permit 

issued in accordance with the abbreviated procedures of 33 CFR 325.2(e).

    (e) The term individual permit means a DA authorization that is 

issued following a case-by-case evaluation of a specific structure or 

work in accordance with the procedures of this regulation and 33 CFR 

part 325, and a determination that the proposed structure or work is in 

the public interest pursuant to 33 CFR part 320.

    (f) The term general permit means a DA authorization that is issued 

on a nationwide or regional basis for a category or categories of 

activities when:

    (1) Those activities are substantially similar in nature and cause 

only minimal individual and cumulative environmental impacts; or

    (2) The general permit would result in avoiding unnecessary 

duplication of the regulatory control exercised by another Federal, 

state, or local agency provided it has been determined that the 

environmental consequences of the action are individually and 

cumulatively minimal. (See 33 CFR 325.2(e) and 33 CFR part 330.)

    (g) The term artificial reef means a structure which is constructed 

or placed in the navigable waters of the United States or in the waters 

overlying the outer continental shelf for the purpose of enhancing 

fishery resources and commercial and recreational fishing opportunities. 

The term does not include activities or structures such as wing 

deflectors, bank stabilization, grade stabilization structures, or low 

flow key ways, all of which may be useful to enhance fisheries 

resources.