[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2007]
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 
 
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]