33 CFR 331.11 - Unauthorized activities.

§ 331.11 Unauthorized activities.

Approved JDs, permit denials, and declined permits associated with after-the-fact permit applications are appealable actions for the purposes of this part. If the Corps accepts an after-the-fact permit application, an administrative appeal of an approved JD, permit denial, or declined permit may be filed and processed in accordance with these regulations subject to the provisions of paragraphs (a), (b), and (c) of this section. An appeal of an approved JD associated with unauthorized activities will normally not be accepted unless the Corps accepts an after-the-fact permit application. However, in rare cases, the district engineer may accept an appeal of such an approved JD, if the district engineer determines that the interests of justice, fairness, and administrative efficiency would be served thereby. Furthermore, no such appeal will be accepted if the unauthorized activity is the subject of a referral to the Department of Justice or the EPA, or for which the EPA has the lead enforcement authority or has requested lead enforcement authority.

(a)Initial corrective measures. If the district engineer determines that initial corrective measures are necessary pursuant to 33 CFR 326.3(d), an RFA for an appealable action will not be accepted by the Corps, until the initial corrective measures have been completed to the satisfaction of the district engineer.

(b)Penalties. If an affected party requests, under this Section, an administrative appeal of an appealable action prior to the resolution of the unauthorized activity, and the division engineer determines that the appeal has no merit, the responsible party remains subject to any civil, criminal, and administrative penalties as provided by law.

(c)Tolling of statute of limitations. Any person who appeals an approved JD associated with an unauthorized activity or applies for an after-the-fact permit, where the application is accepted and processed by the Corps, thereby agrees that the statute of limitations regarding any violation associated with that approved JD or application is tolled until one year after the final Corps decision, as defined at § 331.10. Moreover, the recipient of an approved JD associated with an unauthorized activity or applicant for an after-the-fact permit must also memorialize that agreement to toll the statute of limitations, by signing an agreement to that effect, in exchange for the Corps acceptance of the after-the-fact permit application, and/or any administrative appeal (See 33 CFR 326.3(e)(1)(v)). No administrative appeal associated with an unauthorized activity or after-the-fact permit application will be accepted until such signed tolling agreement is furnished to the district engineer.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code

§ 401 - Construction of bridges, causeways, dams or dikes generally; exemptions

§ 402 - Construction of bridges, etc., over Illinois and Mississippi Canal

§ 403 - Obstruction of navigable waters generally; wharves; piers, etc.; excavations and filling in

§ 403a - Creation or continuance of obstruction of navigable waters

§ 403b - Lighting at docks and boat launching facilities

§ 404 - Establishment of harbor lines; conditions to grants for extension of piers, etc.

§ 405 - Establishment and modification of harbor lines on Potomac and Anacostia Rivers

§ 406 - Penalty for wrongful construction of bridges, piers, etc.; removal of structures

§ 407 - Deposit of refuse in navigable waters generally

§ 407a - Deposit of debris of mines and stamp works

§ 408 - Taking possession of, use of, or injury to harbor or river improvements

§ 409 - Obstruction of navigable waters by vessels; floating timber; marking and removal of sunken vessels

§ 410 - Exception as to floating loose timber, sack rafts, etc.; violation of regulations; penalty

§ 411 - Penalty for wrongful deposit of refuse; use of or injury to harbor improvements, and obstruction of navigable waters generally

§ 412 - Liability of masters, pilots, etc., and of vessels engaged in violations

§ 413 - Duty of United States attorneys and other Federal officers in enforcement of provisions; arrest of offenders

§ 414 - Removal by Secretary of the Army of sunken water craft generally; liability of owner, lessee, or operator

§ 415 - Summary removal of water craft obstructing navigation; liability of owner, lessee, or operator

§ 416 - Appropriations for removal of sunken water craft

§ 417 - Expenses of investigations by Department of the Army

§ 418 - Provisions for protection of New York Harbor unaffected

§ 419 - Regulation by Secretary governing transportation and dumping of dredgings, refuse, etc., into navigable waters; oyster lands; appropriations

§ 419a - Management practices to extend capacity and useful life of dredged material disposal areas

§ 420 - Piers and cribs on Mississippi and St. Croix Rivers

§ 421 - Deposit of refuse, etc., in Lake Michigan near Chicago

§ 422 - Modification and extension of harbor lines at Chicago

§ 423 - Establishment of pierhead and bulkhead lines in Wilmington Harbor, California

§ 424 - Establishment of pierhead or bulkhead lines in Newport Harbor, California

§ 424a - Modification of harbor lines in Newport Harbor, California

§ 425 - Omitted

§ 426 - Investigations concerning erosion of shores of coastal and lake waters

§ 426-1

§ 426-2

§ 426-3

§ 426a - Additional investigations concerning erosion of shores of coastal and lake waters; payment of costs; “shores” defined

§ 426b - Applicability of existing laws; projects referred to Board of Engineers for Rivers and Harbors

§ 426c - Report by Coastal Engineering Research Center

§ 426d - Payment of expenses

§ 426e - Federal aid in protection of shores

§ 426e-1

§ 426f - Reimbursements

§ 426g - Storm and hurricane restoration and impact minimization program

§ 426g-1

§ 426h - Repealed. Pub. L. 110–114, title II, § 2038(b), Nov. 8, 2007, 121 Stat. 1100

§ 426h-1

§ 426i - Shore damage prevention or mitigation

33 U.S. Code § 426i–1 - Repealed. Pub. L. 113–121, title I, § 1014(c)(2), June 10, 2014, 128 Stat. 1222

§ 426i-2

§ 426j - Repealed. Pub. L. 110–114, title II, § 2037(b)(1), Nov. 8, 2007, 121 Stat. 1096

§ 426k - Five year demonstration program to temporarily increase diversion of water from Lake Michigan at Chicago, Illinois

§ 426l - Protection of Lake Ontario

§ 426m - Collection and removal of drift and debris from publicly maintained commercial boat harbors and adjacent land and water areas

§ 426n - Technical assistance to States and local governments; cost sharing

§ 426o - Great Lakes material disposal

§ 426o-1

§ 426o-2

§ 426p - Corps of Engineers

§ 427 to 430 - Repealed. July 31, 1945, ch. 334, § 5, 59 Stat. 508

§ 1344 - Permits for dredged or fill material

§ 1413 - Dumping permit program for dredged mate­rial

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