[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: 33CFR323.3]



[Page 415-416]

 

                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.  323.3  Discharges requiring permits.



    (a) General. Except as provided in Sec.  323.4 of this part, DA 

permits will be required for the discharge of dredged or fill material 

into waters of the United States. Certain discharges specified in 33 CFR 

part 330 are permitted by that regulation (``nationwide permits''). 

Other discharges may be authorized by district or division engineers on 

a regional basis (``regional permits''). If a discharge of dredged or 

fill material is not exempted by Sec.  323.4 of this part or permitted 

by 33 CFR part 330, an individual or regional section 404 permit will be 

required for the discharge of dredged or fill material into waters of 

the United States.

    (b) Activities of Federal agencies. Discharges of dredged or fill 

material into waters of the United States done by or on behalf of any 

Federal agency, other than the Corps of Engineers (see 33 CFR 209.145), 

are subject to the authorization procedures of these regulations. 

Agreement for construction or engineering services performed for other 

agencies by the Corps of Engineers does not constitute authorization 

under the



[[Page 416]]



regulations. Division and district engineers will therefore advise 

Federal agencies and instrumentalities accordingly and cooperate to the 

fullest extent in expediting the processing of their applications.

    (c) Pilings. (1) Placement of pilings in waters of the United States 

constitutes a discharge of fill material and requires a section 404 

permit when such placement has or would have the effect of a discharge 

of fill material. Examples of such activities that have the effect of a 

discharge of fill material include, but are not limited to, the 

following: Projects where the pilings are so closely spaced that 

sedimentation rates would be increased; projects in which the pilings 

themselves effectively would replace the bottom of a waterbody; projects 

involving the placement of pilings that would reduce the reach or impair 

the flow or circulation of waters of the United States; and projects 

involving the placement of pilings which would result in the adverse 

alteration or elimination of aquatic functions.

    (2) Placement of pilings in waters of the United States that does 

not have or would not have the effect of a discharge of fill material 

shall not require a section 404 permit. Placement of pilings for linear 

projects, such as bridges, elevated walkways, and powerline structures, 

generally does not have the effect of a discharge of fill material. 

Furthermore, placement of pilings in waters of the United States for 

piers, wharves, and an individual house on stilts generally does not 

have the effect of a discharge of fill material. All pilings, however, 

placed in the navigable waters of the United States, as that term is 

defined in part 329 of this chapter, require authorization under section 

10 of the Rivers and Harbors Act of 1899 (see part 322 of this chapter).



[51 FR 41232, Nov. 13, 1986, as amended at 58 FR 45036, Aug. 25, 1993]