[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: 33CFR325.6]



[Page 434-435]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

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

                                 DEFENSE

 

PART 325_PROCESSING OF DEPARTMENT OF THE ARMY PERMITS--Table of Contents

 

Sec.  325.6  Duration of permits.



    (a) General. DA permits may authorize both the work and the 

resulting use. Permits continue in effect until they automatically 

expire or are modified, suspended, or revoked.

    (b) Structures. Permits for the existence of a structure or other 

activity of a permanent nature are usually for an indefinite duration 

with no expiration date cited. However, where a temporary structure is 

authorized, or where restoration of a waterway is contemplated, the 

permit will be of limited duration with a definite expiration date.

    (c) Works. Permits for construction work, discharge of dredged or 

fill material, or other activity and any construction period for a 

structure with a permit of indefinite duration under paragraph (b) of 

this section will specify time limits for completing the work or 

activity. The permit may also specify a date by which the work must be 

started, normally within one year from the date of issuance. The date 

will be established by the issuing official and will provide reasonable 

times based on the scope and nature of the work involved. Permits issued 

for the transport of dredged material for the purpose of disposing of it 

in ocean waters will specify a completion date for the disposal not to 

exceed three years from the date of permit issuance.

    (d) Extensions of time. An authorization or construction period will 

automatically expire if the permittee fails to request and receive an 

extension of time. Extensions of time may be granted by the district 

engineer. The permittee must request the extension and explain the basis 

of the request, which will be granted unless the district engineer 

determines that an extension would be contrary to the public interest. 

Requests for extensions will be processed in accordance with the regular 

procedures of Sec.  325.2 of this part, including issuance of a public 

notice,



[[Page 435]]



except that such processing is not required where the district engineer 

determines that there have been no significant changes in the attendant 

circumstances since the authorization was issued.

    (e) Maintenance dredging. If the authorized work includes periodic 

maintenance dredging, an expiration date for the authorization of that 

maintenance dredging will be included in the permit. The expiration 

date, which in no event is to exceed ten years from the date of issuance 

of the permit, will be established by the issuing official after 

evaluation of the proposed method of dredging and disposal of the 

dredged material in accordance with the requirements of 33 CFR parts 320 

to 325. In such cases, the district engineer shall require notification 

of the maintenance dredging prior to actual performance to insure 

continued compliance with the requirements of this regulation and 33 CFR 

parts 320 to 324. If the permittee desires to continue maintenance 

dredging beyond the expiration date, he must request a new permit. The 

permittee should be advised to apply for the new permit six months prior 

to the time he wishes to do the maintenance work.