Where it is made manifest to the Secretary of the Army that the establishment of harbor lines is essential to the preservation and protection of harbors he may, and is, authorized to cause such lines to be established, beyond which no piers, wharves, bulkheads, or other works shall be extended or deposits made, except under such regulations as may be prescribed from time to time by him: Provided, That, whenever the Secretary of the Army grants to any person or persons permission to extend piers, wharves, bulkheads, or other works, or to make deposits in any tidal harbor or river of the United States beyond any harbor lines established under authority of the United States, he shall cause to be ascertained the amount of tidewater displaced by any such structure or by any such deposits, and he shall, if he deem it necessary, require the parties to whom the permission is given to make compensation for such displacement either by excavating in some part of the harbor, including tidewater channels between high and low water mark, to such an extent as to create a basin for as much tidewater as may be displaced by such structure or by such deposits, or in any other mode that may be satisfactory to him.
Notes of Decisions
Bd. of Commissioners v. Tennessee Gas Pipeline Co., 850 F.3d 714 (5th Cir. 2017).
“See 33 U.S.C. § 404 (allowing the Secretary of the Army to grant permits "to make deposits in any tidal harbor or river of the United States beyond any harbor lines established under authority of the United States”); 33 U.”
United States v. Pennsylvania Indus. Chem. Corp., 411 U.S. 655 (1973).
· cites it 2× “[11] See § 11 of the Act, 33 U. S. C. § 404 , which instructs the Secretary of the Army to establish harbor lines beyond which works may not be extended or deposits made "except under such regulations as may be prescribed from time to time by him.”
Connecticut Action Now, Inc. v. Roberts Plating Co., Inc., 457 F.2d 81 (2d Cir. 1972).
“§§ 401 , 406) ; providing for establishment of harbor lines and prohibiting encroachments ( 33 U.S.C.A. § 404 ) ; regulating the creation and providing for the removal of all kinds of obstructions ( 33 U.”
Save Ourselves, Inc. v. U.S. Army Corps of Engineers, 958 F.2d 659 (5th Cir. 1992).
· cites it 4× “They oppose the completion of a regional airport currently under construction in Ascension Parish because they believe that the airport site is a wetlands subject to regulation under the Clean Water Act, 33 U.S.C. § 404 . They sued the U.S. Army Corps of Engineers (the Corps)…”
Curran v. Dep't of Highways, 852 P.2d 544 (Mont. 1993).
· cites it 2× “The Department argues that even if the District Court had ordered the Department to rebuild the stream crossing, the Department could not have done so without a permit from the United States Army Corps of Engineers, pursuant to 33 U.S.C. § 404 (the Clean Water Act). Further, the…”
Draper Mach. Works, Inc. v. Dep't of Nat. Resources, 815 P.2d 770 (Wash. 1991).
“33 U.S.C. §§ 404 , 423, 424, 628 (1988). It is therefore analogous to the waterway line for purposes of maintaining navigability, although, as is evident from this case, it need not be established coterminously with the waterway line.”
United States v. United States Steel Corp., 482 F.2d 439 (7th Cir. 1973).
“Straightforwardly it provides that upon prior application the “Secretary of the Army * * * may permit the deposit of any material above mentioned in navigable waters * * Section 13 may be contrasted with Section 11 ( 33 U.”
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