Section 10 of the Rivers and Harbors Act of 1899 requires approval prior to the accomplishment of any work in, over, or under navigable waters of the United States, or which affects the course, location, condition or capacity of such waters.

Navigable waters of the United States (33 CFR Part 329) are defined as waters that have been used in the past, are now used, or are susceptible to use as a means to transport interstate or foreign commerce up to the head of navigation. Section 10 and/or Section 404 permits are required for construction activities in these waters.

Typical activities requiring Section 10 permits include:

• Construction of piers, wharves, breakwaters, bulkheads, jetties, weirs, dolphins, marinas, ramps, floats, intake structures, and cable or pipeline crossings.

• Installation of overhead utilities across navigable waters or installation of underground utility lines beneath navigable waters.

• Work such as dredging or disposal of dredged material.

• Excavation, filling, or other modifications to navigable waters of the U.S. 

Section 404 of the Clean Water Act requires approval prior to discharging dredged or fill material into the waters of the United States.

Waters of the United States (33 CFR Part 328) include essentially all surface waters, including all navigable waters and their tributaries, all interstate waters and their tributaries, all impoundments of these waters, all wetlands adjacent to these waters, and certain isolated wetlands.

The term "wetlands" means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include tundra, permafrost areas, swamps, marshes, bogs, and similar areas.

How to Recognize a Wetland is a brochure containing more information on wetland identification.

The 1987 Wetlands Delineation Manual is the technical resource used to delineate wetlands and specifies the criteria for an area to be classified as a wetland.

Typical activities requiring Section 404 permits include: 

• Discharging fill or dredged material in waters of the U.S., including wetlands.
• Site development fill for residential, commercial, or recreational developments. 
• Construction of revetments, groins, breakwaters, levees, dams, dikes, and weirs. 
• Placement of riprap and road fills. 

Discharges of fill may include grading or other earthwork into streams or wetlands, construction of temporary access ramps, equipment pads, or temporary containment berms.

Certain activities are exempt (33 CFR 323.4) from Section 404 permit requirements.

Section 103 of the Marine Protection Research and Sanctuaries Act requires approval for the transportation of dredged material for the purpose of dumping it in ocean waters at disposal sites previously approved by the U.S. Environmental Protection Agency.

There are generally two types of activities which require a permit from the Corps of Engineers. The first includes activities within navigable waters. Activities such as dredging, construction of docks and bulkheads and placing navigation aids require review under Section 10 of the Rivers and Harbors Act of 1899 to ensure that they will not cause an obstruction to navigation. The second part of the program, Section 404 of the Clean Water Act of 1972 regulates placement of fill in waters of the US. Common activities that involve the placement of fill include installation of culverts and stream crossings, or construction of stream bank protection.

Performing unauthorized work in waters of the United States or failure to comply with the terms of a valid permit can have serious consequences. You would be in violation of Federal law and could face stiff penalties, including fines and/or requirements to restore the area.

Enforcement is an important part of the Corps regulatory program. Corps surveillance and monitoring activities are often aided by various agencies, groups, and individuals, who report suspected violations. When in doubt as to whether a planned activity needs a permit, contact the nearest district regulatory office. It could save a lot of unnecessary trouble later.

Wetlands are areas that are periodically or permanently inundated by surface or ground water and support vegetation adapted for life in saturated soil. Wetlands include swamps, marshes, bogs and similar areas. A significant natural resource, wetlands serve important functions relating to fish and wildlife; food chain production; habitat; nesting; spawning; rearing and resting sites for aquatic and land species; protection of other areas from wave action and erosion; storage areas for storm and flood waters; natural recharge areas where ground and surface water are interconnected; and natural water filtration and purification functions.

Although individual alterations of wetlands may constitute a minor change, the cumulative effect of numerous changes often results in major damage to wetland resources. The review of applications for alteration of wetlands will include consideration of whether the proposed activity is dependent upon being located in an aquatic environment.

For more information on wetlands, see the 1987 Wetland Delineation Manual or the brochure How to Recognize a Wetland.

If your activity is located in an area of tidal waters, the best way to avoid the need for a permit is to select a site that is above the high tide line and avoids wetlands or other waterbodies. In the vicinity of fresh water, stay above ordinary high water mark and avoid wetlands adjacent to the stream or lake. Also, it is possible that your activity is exempt and does not need a Corps permit or that it has been authorized by a nationwide or regional general permit. So, before you build, dredge or fill, contact the Corps district regulatory office in your area for specific information about location, exemptions, and regional and nationwide general permits.