Title 33, Navigation and Navigable WatersRelease 119-73not60

§59c–3 Queens County, New York

Title 33 › Chapter 1— NAVIGABLE WATERS GENERALLY › Subchapter II— WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME › § 59c–3

Last updated Apr 5, 2026|Official source

Summary

It says that certain land in Long Island City, Queens, is treated as not navigable if, as of October 12, 1996, it met three location rules: it was not underwater, sat between the south high-water line of Anable Basin (the “11th Street Basin”) and the north high-water line of Newtown Creek, and ran from the East River high-water line (as of October 12, 1996) to the original East River high-water line. That nonnavigable status only covers parts that are or will be bulkheaded, filled, or occupied by permanent structures or improvements (including parks). Any such work must follow applicable Federal laws, including sections 401 and 403, section 1344, and the National Environmental Policy Act (42 U.S.C. 4321 et seq.). The nonnavigable status ends for a part if it is not made permanent by the date that is 20 years after October 12, 1996, or if the needed federally permitted work is not started within 5 years after the permit is issued.

Full Legal Text

Title 33, §59c–3

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Subject to subsections (b) and (c), the area of Long Island City, Queens County, New York, that—
(1)is not submerged;
(2)as of October 12, 1996, lies between the southerly high water line of Anable Basin (also known as the “11th Street Basin”) and the northerly high water line of Newtown Creek; and
(3)extends from the high water line (as of October 12, 1996) of the East River to the original high water line of the East River;
(b)(1)The declaration of nonnavigability under subsection (a) shall apply only to those portions of the area described in subsection (a) that are, or will be, bulkheaded, filled, or otherwise occupied by permanent structures or other permanent physical improvements (including parkland).
(2)Improvements described in paragraph (1) shall be subject to applicable Federal laws, including—
(A)section 401 and 403 of this title;
(B)section 1344 of this title;
(C)the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(c)The declaration of nonnavigability under subsection (a) shall expire with respect to a portion of the area described in subsection (a), if the portion—
(1)is not bulkheaded, filled, or otherwise occupied by a permanent structure or other permanent physical improvement (including parkland) in accordance with subsection (b) by the date that is 20 years after October 12, 1996; or
(2)requires an improvement described in subsection (b)(2) that is subject to a permit under an applicable Federal law, and the improvement is not commenced by the date that is 5 years after the date of issuance of the permit.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (b)(2)(C), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 4321 of Title 42 and Tables.

Reference

Citations & Metadata

Citation

33 U.S.C. § 59c–3

Title 33, Navigation and Navigable Waters

Last Updated

Apr 5, 2026

Release point: 119-73not60