§817 Projects Not Affecting Navigable Waters; Necessity for Federal License, Permit or Right-of-way; Unauthorized Activities

Summary

You must not build, operate, or keep in place dams, water channels, reservoirs, powerhouses, or similar projects in or across U.S. navigable waters, or on public lands or reservations, or use surplus water or power from a government dam, unless you have a permit or right-of-way granted before June 10, 1920, or you have a license under this chapter. If you plan to build on a stream that is not listed as navigable but is under Congress’s power to regulate interstate or foreign commerce, you must file a notice with the Commission before building. The Commission will investigate, and if it finds the project would affect interstate or foreign commerce, you must get a license before starting. If the Commission does not find such an effect and no public lands or reservations are involved, you may build under state law. You may not begin any significant change to a project that is licensed or exempt under this chapter unless that change is allowed by the license or exemption and the rules here. “Begin” means starting actual on-site work other than surveys or testing.