33 CFR 328.4 - Limits of jurisdiction
| Cite as | 33 CFR 328.4 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
40 practice notes
-
Part II
...OHWM or other indicators of jurisdiction, that waterbody and its adjacent wetlands are considered together as a single aquatic unit (see 33 CFR 328.4(c)(2)). Examples of ``waterbodies'' include streams, rivers, lakes, ponds, and [FR Doc. E7-3960 Filed 3-9-07; 8:45 am] BILLING CODE 3710-92-P......
-
Proposal To Reissue and Modify Nationwide Permits
...under 33 CFR 328.3(a)(1) through (5), that waterbody and any adjacent wetlands are considered together as a single aquatic unit (see 33 CFR 328.4(c)(2)). Examples of ``waterbodies'' include streams, rivers, lakes, ponds, and FR Doc. 2016-12083 Filed 5-31-16; 8:45 am BILLING CODE 3720-58-P <......
-
Issuance and Reissuance of Nationwide Permits
...under 33 CFR part 328.3(a)(1)-(5), that waterbody and any adjacent wetlands are considered together as a single aquatic unit (see 33 CFR part 328.4(c)(2)).'' Several commenters said that if the Corps intends to use the term ``waterbody'' interchangeably with ``water of the United States'' i......
-
Separate Parts In This Issue
Part II
Army Department, Engineers Corps,
...OHWM or other indicators of jurisdiction, that waterbody and its adjacent wetlands are considered together as a single aquatic unit (see 33 CFR 328.4(c)(2)). Examples of ``waterbodies'' include streams, rivers, lakes, ponds, and [FR Doc. E7-3960 Filed 3-9-07; 8:45 am] BILLING CODE 3710-92-P......
Request a trial to view additional results
23 cases
-
Town of Ogden Dunes v. United States Dep't of Interior, 2:20-CV-34-TLS-JEM
...for the type of work proposed by the Plaintiffs on a navigable body of water such as Lake Michigan. However, neither party discusses 33 C.F.R. § 328.4, which sets out the limits of the Corps' jurisdiction. For “[n]on-tidal waters of the United States[, ] . . . [i]n the absence of adjacent w......
-
United States v. Sweeney, 2:17-cv-00112-KJM-KJN
...Act, the term "waters of the United States" covers area beyond tidal waters and their high tide line to encompass adjacent wetlands. 33 C.F.R. § 328.4(b)(2) (1986). "The term wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration su......
-
U.S. v. Milner, 05-35802.
...of using the MHW line, the Corps' regulations define its CWA jurisdiction over tidal waters by reference to the "high tide line," 33 C.F.R. § 328.4(b)(1), which, in turn, is defined as "the line of intersection of the land with the water's surface at the maximum height reached by a rising t......
-
Black Warrior Riverkeeper, Inc. v. Ala. Dep't of Transp., CASE NO. 2:11-CV-267-WKW (WO)
...§ 323.2 ("The term waters of the United States and all other terms relating to the geographic scope of jurisdiction are defined at 33 CFR part 328."); 33 C.F.R. § 328.4 ("The limits of jurisdiction in non-tidal waters: (1) In the absence of adjacent wetlands, the jurisdiction extends to the......
Request a trial to view additional results
8 books & journal articles
-
What Wetlands Are Regulated? Jurisdiction of the §404 Program
...a non-exclusive list of physical characteristics to be considered in identifying the ordinary high watermark. hese include: 152. 33 C.F.R. §328.4(c)(1) (2008). 153. 33 C.F.R. §328.3(e)2008) (noting that the term “ordinary high watermark” “means that line on the shore established by the luct......
-
Statutory and Regulatory Citations
...work or structures pursuant to Sections 9 and 10 of the Rivers and Harbors Act of 1899. “Waters of the United States” are deined in 33 CFR part 328. hese waters include more than navigable waters of the United States and are the waters where permits are required for the discharge of dredged......
-
Regulation of Wetlands and Waters of the United States
...include navigable and non-navigable tributaries, as long as the tributaries have a perceptible “ordinary high water mark” See 33 C.F.R. § 328.4(c) . An “ordinary high-water mark” is a “line on the shore established by the fluctuations of water and indicated by physical characteristics such ......
-
Statutory and Regulatory Citations
...work or structures pursuant to Sections 9 and 10 of the Rivers and Harbors Act of 1899. “Waters of the United States” are deined in 33 CFR part 328. hese waters include more than navigable waters of the United States and are the waters where permits are required for the discharge of dredged......
Request a trial to view additional results