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Rivers and Harbors Act: Key Legal Insights and Implications
Definition & Meaning
The Rivers and Harbors Act is a federal law enacted in 1965 that empowers the U.S. Army Corps of Engineers to oversee the design and construction of various navigation projects and measures to combat beach erosion. This Act mandates that anyone wishing to excavate, dredge, or deposit material in navigable waters must obtain permission from the Corps. It also outlines specific situations where such permission is not required, particularly for certain types of construction activities.
Table of content
Legal Use & context
This Act is primarily relevant in environmental law and regulatory compliance. It is often invoked in cases involving construction projects near or in navigable waters, such as bridges, docks, and marinas. Legal practitioners may use this Act to ensure that projects comply with federal regulations, and individuals or businesses can manage related forms and applications through resources like US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A construction company plans to build a marina on a river. They must apply for permission from the U.S. Army Corps of Engineers to ensure compliance with the Rivers and Harbors Act.
Example 2: A local government wishes to dredge a portion of a harbor to improve navigation. They must obtain the necessary permits under this Act before proceeding. (hypothetical example)
Relevant laws & statutes
The primary statute governing these activities is the Rivers and Harbors Act of 1965. Other relevant laws may include the Clean Water Act and the National Environmental Policy Act, which address environmental impacts and regulatory compliance.
State-by-state differences
Examples of state differences (not exhaustive):
State
Regulations
California
Additional state permits may be required for coastal projects.
Florida
State regulations may impose stricter environmental assessments for projects near wetlands.
Texas
Local authorities may have additional requirements for navigable waterways.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Clean Water Act
A federal law aimed at regulating discharges of pollutants into U.S. waters.
Focuses more on water quality, while the Rivers and Harbors Act emphasizes navigational safety.
National Environmental Policy Act
A law requiring federal agencies to assess environmental effects before making decisions.
NEPA is broader and applies to all federal actions, not just those involving navigable waters.
Common misunderstandings
What to do if this term applies to you
If you are planning a project that may involve navigable waters, start by consulting the U.S. Army Corps of Engineers to determine if you need a permit. You can find helpful resources and legal templates on US Legal Forms to assist with the application process. If your situation is complex, consider seeking professional legal advice to ensure compliance with all applicable laws.
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