33 C.F.R. § 322.2

Definitions

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For the purpose of this regulation, the following terms are defined:

(a) The term navigable waters of the United States and all other terms relating to the geographic scope of jurisdiction are defined at 33 CFR part 329. Generally, they are those waters of the United States that are subject to the ebb and flow of the tide shoreward to the mean high water mark, and/or are presently used, or have been used in the past, or may be susceptible to use to transport interstate or foreign commerce.

(b) The term structure shall include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent mooring structure, power transmission line, permanently moored floating vessel, piling, aid to navigation, or any other obstacle or obstruction.

(c) The term work shall include, without limitation, any dredging or disposal of dredged material, excavation, filling, or other modification of a navigable water of the United States.

(d) The term letter of permission means a type of individual permit issued in accordance with the abbreviated procedures of 33 CFR 325.2(e).

(e) The term individual permit means a DA authorization that is issued following a case-by-case evaluation of a specific structure or work in accordance with the procedures of this regulation and 33 CFR part 325, and a determination that the proposed structure or work is in the public interest pursuant to 33 CFR part 320.

(f) The term general permit means a DA authorization that is issued on a nationwide or regional basis for a category or categories of activities when:

(1) Those activities are substantially similar in nature and cause only minimal individual and cumulative environmental impacts; or

(2) The general permit would result in avoiding unnecessary duplication of the regulatory control exercised by another Federal, state, or local agency provided it has been determined that the environmental consequences of the action are individually and cumulatively minimal. (See 33 CFR 325.2(e) and 33 CFR part 330.)

(g) The term artificial reef means a structure which is constructed or placed in the navigable waters of the United States or in the waters overlying the outer continental shelf for the purpose of enhancing fishery resources and commercial and recreational fishing opportunities. The term does not include activities or structures such as wing deflectors, bank stabilization, grade stabilization structures, or low flow key ways, all of which may be useful to enhance fisheries resources.

Notes of Decisions

Cited in 35 cases (4 in the last 5 years), 1946–2026 · leading case: United States v. Robert E. Boyden & Jean Boyden, 696 F.2d 685 (9th Cir. 1983).

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United States v. Robert E. Boyden & Jean Boyden, 696 F.2d 685 (9th Cir. 1983). · cites it 4× “The district court stated that 33 C.F.R. § 322.2 (b) (1981), the regulation promulgated by the Army Corps of Engineers to implement § 403, did not require the court to find that the houseboats were structures within the meaning of § 403.”

Wy Outdoor Council Powder River Basin Resources Council v. Us Army Corps of Engineers, 351 F. Supp. 2d 1232 (D. Wyo. 2005). · cites it 3× “33 C.F.R. § 322.2 (f)(l)(2). The general permit program “is the primary method of eliminating unnecessary federal control over activities which do not justify individual control or which are adequately regulated by another agency.”

Save Our Wetlands, Inc. v. Colonel Thomas Sands, Etc., (Two Cases), 711 F.2d 634 (5th Cir. 1983). · cites it 2× “33 C.F.R. § 322.2 (b) (1979). Navigable waters are those waters “subject to the ebb and flow of the tide shoreward to the mean high water mark .”

United States v. Milner, 583 F.3d 1174 (9th Cir. 2009). “Under the RHA the navigable waters of the United States means “all places covered by the ebb and flow of the tide to the mean high water (MHW) mark in its unobstructed, natural state.”

Deltona Corp. v. United States, 228 Ct. Cl. 476 (Ct. Cl. 1981). “33 C.F.R. § 322.2 (a) (1980). See generally 33 C.”

Crutchfield v. United States Army Corps of Engineers, 154 F. Supp. 2d 878 (E.D. Va. 2001). · cites it 2× “” 33 C.F.R. § 322.2 (e). The Corps also may issue general permits “that authorize a category or categories of activities in specific geographical regions or nationwide.”

Mohlen v. United States, 74 Fed. Cl. 656 (Fed. Cl. 2006). · cites it 2× “33 C.F.R. § 322.2 (f)(1); see also 33 C.F.”

United States v. Cumberland Farms of Connecticut, Inc., 826 F.2d 1151 (1st Cir. 1987). “Thus today, the Corps administers a dual permit system under two different statutes — the River and Harbor Act and the Clean Water Act — to regulate dredge and fill activities that cause pollution in navigable waters; but in so doing it construes the term “navigable waters”…”

Crutchfield v. United States Army Corps of Engineers, 214 F. Supp. 2d 593 (E.D. Va. 2002). · cites it 2× “” 33 C.F.R. § 322.2 (e). The Corps also may issue general permits "that authorize a category or categories of activities in specific geographical regions or nationwide.”

United States v. Joseph A. Boccanfuso, 882 F.2d 666 (2d Cir. 1989). “V 1987); 33 C.F.R. § 322.2 (a) (1988). As stated below, the Corps' jurisdiction has since been expanded to landward of MHW under the Clean Water Act.”

United States v. Weisman, 489 F. Supp. 1331 (M.D. Fla. 1980). “33 C.F.R. § 322.2 (a). Elsewhere the Code explains that “a determination of navigability, once made, applies laterally over the entire surface of the water body, and is not extinguished by later actions or events which impede or destroy navigable capacity.”

Jentgen v. United States, 228 Ct. Cl. 527 (Ct. Cl. 1981). “See 33 C.F.R. § 322.2 (a) (1980). In 1972, Congress enacted § 404 of the Federal Water Pollution Control Act Amendments, 33 U.”

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— 33 C.F.R. § 322.2(f) — 1 case

Sierra Club v. Flowers, 423 F. Supp. 2d 1273 (S.D. Fla. 2006).

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