The Corps regulates activities impacting U.S. waters under three main laws:
THE RIVERS AND HARBORS ACT OF 1899
Section 10 of the Rivers and Harbors Act of 1899 governs work impacting navigable waters.
Examples of activities requiring Section 10 permits:
- Construction or installation of piers, wharves, bulkheads, dolphins, marinas, ramps, floats, overhanging decks, buoys, boat lifts, jet ski lifts, intake structures, outfall pipes, and cable or pipeline crossings.
- Dredging and excavation.
- Overhead transmission lines, tunnels or directional bore holes.
Section 14 of the Rivers and Harbors Act of 1899
33 USC 408 (commonly referred to as "Section 408"), authorizes the Secretary of the Army, on the recommendation of the Chief of Engineers of the U.S. Army Corps of Engineers (USACE), to grant permission for the alteration or occupation or use of a USACE civil works project if the Secretary determines that the activity will not be injurious to the public interest and will not impair the usefulness of the project. For more information and to begin the application process for a Section 408 review, visit the Norfolk District Section 408 webpage.
THE CLEAN WATER ACT
Section 404 of the Clean Water Act regulates the placement of dredged or fill material into waters of the United States.
Examples of the activities requiring Section 404 permits:
- Depositing fill, dredged, or excavated material.
- Grading or mechanized land clearing of wetlands.
- Ditch excavation activities in wetlands and associated discharge of dredged materials into wetlands.
- Fill for residential, commercial, or recreational developments.
- Construction of revetments, groins, breakwaters, beach enhancements, jetties, levees, dams, dikes, and weirs.
- Placement of riprap and road fills.
- Band and stream channel stabilization projects.
Section 404 exemptions (33 CFR 323.4):
You do not generally need a permit under Section 404 for activities associated with normal farming, ranching, and forestry activities that are established and ongoing. Some of these activities include plowing, cultivating, minor drainage, and harvesting for the production fo food, fiber and forest products. To find out whether specific activities are exempt, email the Norfolk District at CENAO-.REG_ROD@usace.army.mil.
THE MARINE PROTECTION, RESEARCH AND SANCTUARIES ACT
Section 103 of the Marine Protection, Research and Sanctuaries Act provides the authority to issue permits for transporting dredged material excavated from navigable waters of the United States to be dumped into ocean waters. This includes dredged material shipped by truck to a port site for ocean disposal.