33 C.F.R. §328.4 - Limits of jurisdiction
| Cite as | 33 C.F.R. §328.4 |
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25 cases
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Sackett v. Envtl. Prot. Agency
...a number of “Findings and Conclusions,” including the following:“1.4 [The Sacketts' property] contains wetlands within the meaning of 33 C.F.R. § 328.4(8)(b) ; the wetlands meet the criteria for jurisdictional wetlands in the 1987 ‘Federal Manual for Identifying and Delineating Jurisdiction......
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Tri-Realty Co. v. Ursinus Coll., Civil Action No. 11–5885
...to be a tributary if it feeds into traditional navigable waters (or a tributary thereof) and possesses an "ordinary high water mark." 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 ......
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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......
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Town of Ogden Dunes v. United States Dep't of Interior
...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......
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8 books & journal articles
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What Wetlands Are Regulated? Jurisdiction of the §404 Program
...for the national and regional wetland plant lists. See http://www.fws.gov/wetlands/_documents/gOrg/MOAWetlandPlants.pdf. 160. 33 C.F.R. §328.4(c)(1) (2008). 161. 33 C.F.R. §328.3(e) (2008) (noting that the term “ordinary high watermark” “means that line on the shore established by the luctu......
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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......
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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......
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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......
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