ALBUQUERQUE DISTRICT
REGULATORY PROGRAM
The U.S. Army
Corps of Engineers has been regulating activities in the nation's waters
since 1890. Until the 1960's the primary purpose of the regulatory
programs was to protect navigation. Since then, as a result of laws
and court decisions, the program has been broadened so that it now
considers the full public interest for both the protection and utilization
of water resources.
The
regulatory authorities and responsibilities of the Corps of Engineers are
based on the following laws:
Section
10 of the Rivers and Harbors Act of 1899 - Prohibits the obstruction
or alteration of navigable waters of the United States without a permit
from the US Army Corps of Engineers.
Section
404 of the Clean Water Act (33 U.S.C. 1344) - Section 301 of this Act
prohibits the discharge of dredged or fill material into waters of the
United States without a permit from the Corps of Engineers.
Section
103 of the Marine Protection, Research, and Sanctuaries Act of 1972, as
amended (33 U.S.C. 1413) - authorizes the Corps of Engineers to issue
permits for the transportation of dredged material for the purpose of
dumping it into ocean waters. (not applicable in the Albuquerque District)
Other
laws may also affect the processing of applications for Corps of Engineers
permits. Among these are the National Environmental Policy Act, the
Coastal Zone Management Act, the Fish and Wildlife Coordination Act, the
Endangered Species Act, the National Historic Preservation Act, the
Deepwater Port Act, the Federal Power Act, the Marine Mammal Protection
Act, the Wild and Scenic Rivers Act, and the National Fishing Enhancement
Act of 1984.
WATERS OF THE UNITED
STATES
Waters
of the United States are administratively defined as:
-
the
traditional "navigable water of the United States" including
adjacent wetlands.
-
all
interstate waters including interstate wetlands
-
all other
waters such as interstate lakes, rivers, streams (including
intermittent streams), prairie potholes, mudflats, playa lakes, etc,;
-
all
impoundments of these waters
-
tributaries
of the above listed waters
-
wetlands
adjacent to the above waters
-
arroyos
Section
404 permits are required for construction activities in these waters.
Navigable waters of the United States are defined as waters that have been
used in the past, are now used or 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. Wetlands are areas inundated or
saturated by surface or ground water at a frequency and duration
sufficient to support, and under normal circumstances do support, a
prevalence of vegetation, typically adapted for life in saturated soil
conditions. Wetlands generally include swamps, marshes, bogs, and
similar areas.
Ordinary
High Water Mark (OHWM) - The landward regulatory limit for non-tidal
waters (in the absence of adjacent wetlands) is the ordinary high water
mark. The ordinary high water mark is the line on the shores
established by the fluctuations of water and indicated by physical
characteristics such as a clear, natural line impressed on the bank;
shelving; changes in the character of the soil; destruction of terrestrial
vegetation; the presence of litter and debris; or the appropriate means
that consider the characteristics of the surrounding areas.
Last
updated:
2 January 2008
U.S. Army
Corps of Engineers, Albuquerque District, Regulatory Branch |
