dredging in navigable waters of the United States, which are those coastal waters subject to tidal action
and inland waters used for interstate or foreign commerce. In tidal areas, this includes all land below the
mean high water line.
On the Great Lakes, permits are required under this section for construction lakeward of the
highwater mark, the definition of which varies from state to state and often with the federal definition.
Where doubt exists, an appropriate local state agency or Corps district office can provide assistance.
Section 404 of the Clean Water Act mandates a Corps permit for Placement of fill or dredged
material in waters of the United States, which extend inland to the headwaters of rivers at a point where
the average flow is 5 cubic feet per second.
The permit application process would be involved if a homeowner wishes to construct, for
example, a bulkhead and beach fill adjacent to navigable waters. The permit for the bulkhead comes
under Section 10. The beach fill requires a Section 404 permit and may, in some locations, also require a
Section 10 permit. Upon receipt of the application, including a location map and drawing, a public
notice describing the proposed work and inviting comments is normally issued. The comment period is
usually 30 days but may be shortened for emergency construction. Permit applications are generally
coordinated with appropriate federal, state, and local agencies, as well as adjacent property owners. This
sometimes leads to comments, which then require modification of the original proposal. Beyond these
possible modifications, if the comments received and the study conducted by the Corps reveal no
overriding public interest or environmental problems, the application is then approved and a permit
issued. Although variations exist, the process normally takes between 75 and 90 days for routine
applications. Controversial applications can take considerably longer.
The Corps has adopted a number of conditional general permits on a regional and nationwide basis
to reduce red tape and paperwork. No separate application is required for activities where general
permits have been issued. Applicants should check with the local District Engineer to determine if the
proposed work is covered by a general permit and what conditions may apply.
Additional information pertinent to your local area is available at Corps of Engineers' district
offices or state coastal zone management offices and local agencies. The landowner is strongly advised to
contact them early in his planning so that later delays can be avoided.
Site Accessibility
Proper planning also involves determining if the project can be built using only hand tools and
portable power equipment, or if heavy equipment is also necessary. If equipment, such as pile drivers or
front-end loaders, is required, you must determine if access to the site is available. Although this usually
should not be a problem, it may be difficult to get equipment and materials to the water's edge in some
areas, such as along high bluff shorelines. In such cases, it may be possible to reach the shoreline on a
neighbor's property and drive along the shore to the job site, all of which requires special permission and
possible extra expense for property damage.
Hiring a Contractor
If seeking to employ a contractor, identify a reputable firm in your area and ask for a list of his
recent similar projects. Contact the owners to arrange for personal inspection of the work, and ask
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