[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: 33CFR322.4]



[Page 407]

 

                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.  322.4  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.