§59ll — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Declares parts of the Delaware River in Philadelphia to be nonnavigable water, covering Piers 70 South through 38 South (area between Moore Street extended and Catherine Street extended) and Piers 24 North through 72 North (area between Callowhill Street extended and East Fletcher Street extended), including many of the named piers and Rivercenter. The Secretary must talk with local and regional officials and planning groups first. If serious objections remain, the declaration does not apply. For each project in those areas, the Secretary must decide in the public interest, using reasonable judgment, within 150 days after getting the project plans. The rule only covers parts that are or will be bulkheaded and filled or have permanent structures, such as marinas or recreational facilities.

Title 33, §59ll

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)Subject to subsection (c), unless the Secretary finds, after consultation with local and regional public officials (including local and regional public planning organizations), that there are substantive objections, those portions of the Delaware River, bounded by the former bulkhead and pierhead lines that were established by the Secretary of War and successors and described as follows, are declared to be nonnavigable waters of the United States:

(1)Piers 70 South through 38 South, encompassing an area bounded by the southern line of Moore Street extended to the northern line of Catherine Street extended, including the following piers: Piers 70, 68, 67, 64, 61–63, 60, 57, 55, 53, 48, 46, 40, and 38.

(2)Piers 24 North through 72 North, encompassing an area bounded by the southern line of Callowhill Street extended to the northern line of East Fletcher Street extended, including the following piers: Piers 24, 25, 27–35, 35.5, 36, 37, 38, 39, 49, 51–52, 53–57, 58–65, 66, 67, 69, 70–72, and Rivercenter.

(b)The Secretary shall make the public interest determination under subsection (a) separately for each proposed project to be undertaken within the boundaries described in subsection (a), using reasonable discretion, not later than 150 days after the date of submission of appropriate plans for the proposed project.

(c)The declaration under subsection (a) shall apply only to those parts of the areas described in subsection (a) that are or will be bulkheaded and filled or otherwise occupied by permanent structures, including marina and recreation facilities.

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 1002 of Pub. L. 114–322, set out as a note under section 2201 of this title.

§59ll Central Delaware River, Philadelphia, Pennsylvania

Summary

Title 33, §59ll

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Citations & Metadata