33 C.F.R. § 115.05

Necessary primary authority

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For bridges constructed by State or municipal agencies, the primary authority will be presumed without proof. If the law of the State requires a license for or approval of the bridge from a constituted State agency, a copy of such license or approval will be required and may be accepted as evidence of the primary authority. If there is no State regulation of bridges in navigable waters, the necessary primary authority may be that granted in the charter of a corporation, or the authority inherent in the ownership of the land on which the structure is placed. The applicant will in such cases be required to furnish an excerpt from the charter, or a statement of ownership. Special care will be taken that Federal approval is not granted when there is doubt of the right of the applicant to construct and utilize the bridge.

[CGFR 67-46, 32 FR 17771, Dec. 12, 1967, as amended by USCG-2011-0257, 76 FR 31836, June 2, 2011: USCG-2012-0306, 77 FR 37314, June 21, 2012; USCG-2016-0498, 82 FR 35081, July 28, 2017]

Notes of Decisions

Cited in 2 cases, 1990–2014 · leading case: Detroit Int'l Bridge Co. v. Gov't of Canada, 53 F. Supp. 3d 1 (D.D.C. 2014).

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Detroit Int'l Bridge Co. v. Gov't of Canada, 53 F. Supp. 3d 1 (D.D.C. 2014). · cites it 29× “33 C.F.R. § 115.05 (emphasis added). Part 115 of Title 33 is titled “Bridge Locations and Clearances; Administrative Procedures.”

Becker v. Litty, 566 A.2d 1101 (Md. 1990). “33 C.F.R. §§ 115.05 , 115.50(f)(1). The permit issued in this case specifies that “[ijssuance of this permit does not relieve the permittee of the obligation .”

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