[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2008]
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
materialinto 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 orfill 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 berequired 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
Federalagency, other than the Corps of Engineers (see 33 CFR 209.145),
are subject to the authorization procedures of these regulations.
Agreement forconstruction 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 expeditingthe 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
permitwhen 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 fillmaterial 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 reducethe reach or impair
the flow or circulation of waters of the United States; and projects
involving the placement of pilings which would result in theadverse
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 notrequire a section 404 permit. Placement of pilings for linear
projects, such as bridges, elevated walkways, and powerline structures,
generally does nothave the effect of a discharge of fill material.
Furthermore, placement of pilings in waters of the United States for
piers, wharves, and an individualhouse on stilts generally does not have
the effect of a discharge of fill material. All pilings, however, placed
in the navigable waters of the UnitedStates, 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 322of this chapter).

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