Title 33, Navigation and Navigable WatersRelease 119-110

§59ll Central Delaware River, Philadelphia, Pennsylvania

Title 33 › CHAPTER 1 — NAVIGABLE WATERS GENERALLY › SUBCHAPTER II — WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME › § 59ll

Last updated Sep 22, 2026|Official source

Summary

Declares certain parts of the Delaware River in Philadelphia to be non-navigable waters of the United States unless the Secretary, after talking with local and regional public officials (including planning organizations), finds substantive objections. The areas are two bands of piers between the old bulkhead and pierhead lines: one from Piers 70 South through 38 South, bounded by the extended southern line of Moore Street and the extended northern line of Catherine Street, and including Piers 70, 68, 67, 64, 61–63, 60, 57, 55, 53, 48, 46, 40, and 38; the other from Piers 24 North through 72 North, bounded by the extended southern line of Callowhill Street and the extended northern line of East Fletcher Street, and including 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. The Secretary must make a separate public‑interest decision for each project inside these areas, using reasonable judgment, within 150 days after the proper plans are submitted. The non‑navigable designation only applies to parts that are or will be bulkheaded and filled or otherwise occupied by permanent structures, including marina and recreation facilities.

Full Legal Text

Title 33, §59ll

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Area to be declared nonnavigable
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)Public interest determination
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)Limits on applicability
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.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

33 U.S.C. § 59ll

Title 33, Navigation and Navigable Waters

Last Updated

Sep 22, 2026

Release point: 119-110