33 CFR 320.4 - General policies for evaluating permit applications

Cite as33 CFR 320.4
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330 practice notes
  • Part II
    • United States
    • Federal Register March 12, 2007
    • March 12, 2007
    ...floodplain impacts. One commenter argued that the Corps should strengthen and not weaken the floodplain protections that are outlined in 33 CFR 320.4(l)(2) and Executive Order 11988, Floodplain Management. One commenter concluded that the NWPs will have more than minimal impacts because of ......
  • Part II
    • United States
    • Federal Register April 10, 2008
    • April 10, 2008
    ...is inconsistent with existing national regulations, and one commenter said that the proposed rule is inconsistent with regulations at 33 CFR 320.4(r), as well as the ``Mitigation'' general condition for the nationwide permits and other compensatory mitigation guidance documents that apply t......
  • Part II
    • United States
    • Federal Register December 12, 2008
    • December 12, 2008
    ...of a proposed activity ``on the physical, chemical, and biological components of the aquatic environment.'' 40 CFR 230.11. See also 33 CFR 320.4(b)(4) and 325.2(a)(6) for requirements for individual The 404(b)(1) Guidelines also provide that ``no discharge of dredged or fill material shall ......
  • Proposed Revisions to the U.S. Fish and Wildlife Service Mitigation Policy
    • United States
    • Federal Register March 08, 2016
    • March 8, 2016
    ...of wild animals, and all types of aquatic and land vegetation upon which wildlife is dependent. Section 404 of the Clean Water Act (33 CFR 320.4) codifies the significance of wetlands and other waters of the United States as important public resources for their habitat value, among other fu......
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284 cases
  • Monongahela Power Co. v. Marsh, Nos. 81-1201
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • January 13, 1987
    ...Sec. 230.10 (1986). 102 See, e.g., id. Secs. 230.50(b), 230.51(b), 230.52(b). 103 The Corps also considers the standards set forth in 33 C.F.R. Sec. 320.4 (1986), which include an assortment of additional 104 See 16 U.S.C. Sec. 797(e) (1982). 105 Monongahela Power Co. v. Alexander, supra no......
    • United States
    • United States District Courts. 10th Circuit. Northern District of Oklahoma
    • January 5, 1988
    ...federal agencies having jurisdiction by law or special expertise, the interested public, the applicant, and the Corps' expertise." 16. 33 C.F.R. § 320.4(a) requires, in part, that a permit will be granted unless the district engineer determines that it would be contrary to the public 17. 33......
  • Stillwater of Crown Point Homeowner's Ass'n, Inc. v. Kovich, Cause No. 2:09–CV–157–PRC.
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Northern District of Indiana
    • October 11, 2011
    ...losses are minimized, and, whenever practicable the natural and beneficial values served by floodplains are restored and preserved.33 C.F.R. § 320.4( l )(2) (1997). Plaintiffs reason that, if Hawk had applied for and obtained a floodway construction permit from IDNR prior to commencing cons......
  • Black Warrior Riverkeeper, Inc. v. Ala. Dep't of Transp., CASE NO. 2:11-CV-267-WKW (WO)
    • United States
    • United States District Courts. 11th Circuit. Middle District of Alabama
    • January 19, 2016
    ...must meet the § 404(b)(1) Guidelines codified at 40 C.F.R. § 230, as well as other applicable regulations. 33 U.S.C. § 1344(b)(1); 33 C.F.R. § 320.4; 33 C.F.R. § 323.1; 33 C.F.R. § 325.1(a); 33 C.F.R. Pt. 325, App. B. Because neither NEPA nor the CWA creates a private right of action challe......
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2 firm's commentaries
  • Seventh Circuit Draws Roadmap For Section 404 Review Of Major Infrastructure Projects
    • United States
    • JD Supra United States
    • October 3, 2013
    ...the Section 404(b)(1) Guidelines, the Corps also is required to determine whether the proposed action is in “the public interest.” 33 C.F.R. § 320.4(a)(1). The Corps’ regulations list more than 20 factors that the Corps is required to consider when making a public interest determination. Th......
  • Trump Track: 2019 WOTUS Rule Seeks to Make the Complex Simple—It Won’t Work
    • United States
    • JD Supra United States
    • June 5, 2019
    ...critical functions related to the integrity of other waters—functions such as pollutant trapping, flood control, and runoff storage. 33 CFR §320.4(b)(2). Accordingly, wetlands possess the requisite nexus, and thus come within the statutory phrase “navigable waters,” if the wetlands, either ......
19 books & journal articles
  • Another Supreme Court move away from recognition of tribal sovereignty.
    • United States
    • Environmental Law Vol. 25 Nbr. 1, January 1995
    • January 1, 1995
    ...for determining zoning and land use matters rests with state, local and tribal governments." General Regulatory Policies, 33 C.F.R. 320.4(j)(2) (1993). This regulation outlines policies for evaluating water use permit applications. (171) Bourland, 113 S. Ct. at 2321 n.16. The regulation gov......
  • Practicable Alternatives for Wetlands Development Under the Clean Water Act
    • United States
    • Environmental Law Reporter Nbr. 48-10, October 2018
    • October 1, 2018
    ...(“practicable alterna-tives” requirement “not directly applicable to General permits”).51. Garman E-mail, supra note 49. See also 33 C.F.R. §320.4(j) (2018) (permit processing to consider federal, state, and local requirements). For discus-sion, see Stephen M. Johnson, Individual Permits, i......
  • Statutory and Regulatory Citations
    • United States
    • Wetlands Deskbook Appendices
    • November 11, 2009
    ...authorization under this regulation are limited by the intent of the statutory language involved. (3) he policy provisions set out in 33 CFR 320.4(j) relating to state or local certiications and/or authorizations, do not apply to work or structures undertaken by Federal agencies, except whe......
  • Federal Wetlands Law Permits Under §404
    • United States
    • Wetlands Deskbook Part I. Clean Water Act §404 Programs
    • November 11, 2009
    ...permits to minimize harm to such landmarks. 201 Archaeological sites may also be protected historic properties. 195. 33 C.F.R. §§320.3(b), 320.4(h). 196. RGL 92-3, Extension of Regulatory Guidance Letter (RGL) 86-10, Special Area Management Plans (SAMPs) (Aug. 19, 1992), 57 Fed. Reg. 45773 ......
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