[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: 33CFR323.1]



[Page 413]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

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

                                 DEFENSE

 

PART 323_PERMITS FOR DISCHARGES OF DREDGED OR FILL MATERIAL INTO WATERS 

OF THE UNITED STATES--Table of Contents

 

Sec.  323.1  General.









Sec.

323.1 General.

323.2 Definitions.

323.3 Discharges requiring permits.

323.4 Discharges not requiring permits.

323.5 Program transfer to States.

323.6 Special policies and procedures.



    Authority: 33 U.S.C. 1344.



    Source: 51 FR 41232, Nov. 13, 1986, unless otherwise noted.





    This regulation prescribes, in addition to the general policies of 

33 CFR part 320 and procedures of 33 CFR part 325, those special 

policies, practices, and procedures to be followed by the Corps of 

Engineers in connection with the review of applications for DA permits 

to authorize the discharge of dredged or fill material into waters of 

the United States pursuant to section 404 of the Clean Water Act (CWA) 

(33 U.S.C. 1344) (hereinafter referred to as section 404). (See 33 CFR 

320.2(g).) Certain discharges of dredged or fill material into waters of 

the United States are also regulated under other authorities of the 

Department of the Army. These include dams and dikes in navigable waters 

of the United States pursuant to section 9 of the Rivers and Harbors Act 

of 1899 (33 U.S.C. 401; see 33 CFR part 321) and certain structures or 

work in or affecting navigable waters of the United States pursuant to 

section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403; see 33 

CFR part 322). A DA permit will also be required under these additional 

authorities if they are applicable to activities involving discharges of 

dredged or fill material into waters of the United States. Applicants 

for DA permits under this part should refer to the other cited 

authorities and implementing regulations for these additional permit 

requirements to determine whether they also are applicable to their 

proposed activities.