Reference

Rivers and Harbors Act

Summary

Under the Rivers and Harbors Act, the U.S. Army Corps of Engineers (COE) is authorized to regulate the construction of any structure or work within navigable waters under sections 9 and 10 of the Rivers and Harbors Act

The Rivers and Harbors Act of 1899 prohibits the construction of any bridge, dam, dike or causeway over or in navigable waterways of the U.S. without Congressional approval.

Main Points

• Structures authorized by State legislatures may be built if the affected navigable waters are totally within one State.
• Under section 10 of the Act, the building of any wharfs, piers, jetties, and other structures is prohibited without Congressional approval, and excavation or fill within navigable waters requires the approval of the Chief of Engineers (from the USACE).
• The COE must consider: (1) the public and private need for the activity; (2) reasonable alternative locations and methods; and (3) the benefits and detriments to the public and private uses to which the area is suited.