Photo by Jeremy Morgan
The U.S. Army Corps of Engineers Regulatory Program receives its authority from the following federal laws:
Section 10 of the Rivers & Harbors Act of 1899
Requires approval prior to the accomplishment of any work in, over, or below navigable waters of the United States, or work which affects the course, location, condition or capacity of such waters. Some examples of projects typically requiring Section 10 permits include construction or installation of piers, wharves, bulkheads, dolphins, marinas, ramps, floats, mooring buoys, intake structures, and cable or pipeline crossings; dredging and excavation; and overhead transmission lines, tunnels, or directional boring under a Section 10 waterbody.
Rivers and Harbors Act of 1899 - Sec.10
Section 404 of the Clean Water Act
Requires approval prior to discharging dredged or fill material into the waters of the United States. The Clean Water Act (CWA) aims to protect the physical, chemical, and biological integrity of water quality in the United States. Increased surface runoff from development has the potential to cause significant changes in aquatic ecosystems. Discharges of runoff may carry pollutants such as eroded soil, oil, metals, and pesticides that adversely affect oceans, streams, wetlands, lakes, and groundwater.
Clean Water Act - Section 404
Section 103 of the Marine Protection, Research, & Sanctuaries Act of 1972
As amended (33 U.S.C. 1413), authorizes the U.S. Army Corps of Engineers to issue permits for the transportation of dredged material for the purpose of dumping it into ocean waters.
Marine Protection Research and Sanctuaries Act of 1972 - Section 103
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 US 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 our Section 408 webpage for general information, then contact us for the current Honolulu District Civil Works point-of-contact.
Map of current Section 408 projects