Rivers and Harbors Act

The Rivers and Harbors Act of 1899 (RHA) (33 U.S.C. Sec. 401 et seq.) is the initial authority for the U.S. Army Corps of Engineers (ACOE) regulatory permit program to protect navigable waters in the development of harbors and other construction and excavation. Section 10 of the RHA (33 U.S.C. Sec. 403) prohibits the unauthorized obstruction or alteration of any navigable water of the U.S. This section provides that the construction of any structure in or over any navigable water of the U.S., or the accomplishment of any other work affecting the course, location, condition, or physical capacity of such waters is unlawful unless the work has been recommended by the Chief of Engineers and authorized by the Secretary of the Army. The Secretary’s approval authority has since been delegated to the Chief of Engineers. Activities requiring section 10 permits include structures (e.g., piers, wharfs, breakwaters, bulkheads, jetties, weirs, transmission lines) and work such as dredging or disposal of dredged material, or excavation, filling, or other modifications to the navigable waters of the United States.