33 U.S.C. § 59o: Hackensack River, Hudson…

Summary

The Secretary of the Army, through the Chief of Engineers, may declare certain parts of the Hackensack River in Hudson County, New Jersey, to be nonnavigable if engineering studies (to check bulkhead, fill, and pile stability) and environmental studies under the National Environmental Policy Act (NEPA) show the proposed project is in the public interest and will help protect the rest of the waterway. The area covered is described by survey points and is about 67.6 acres. If declared nonnavigable, Congress permits filling in parts of that area and building permanent pile-supported structures there. That declaration only applies to parts already bulkheaded and filled or already occupied by permanent pile-supported structures. Plans for any bulkheading, filling, or pile-supported work must be approved by the Secretary of the Army (through the Chief of Engineers). Local interests must reimburse the federal government for engineering and other costs.

Title 33, §59o

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)If the Secretary of the Army, acting through the Chief of Engineers finds that the proposed project to be erected at the location to be declared nonnavigable under this section is in the public interest, on the basis of engineering studies to determine the location and structural stability of any bulkheading and filling and permanent pile-supported structure, in order to preserve and maintain the remaining navigable waterway, and on the basis of environmental studies conducted pursuant to the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.], then those portions of the Hackensack River in Hudson County, State of New Jersey, bounded and described as follows are hereby declared to be nonnavigable waters of the United States within the meaning of the laws of the United States, and the consent of Congress is hereby given to the filling in of all or any part thereof and the erection of permanent pile-supported structures thereon: Beginning at a point where the southeasterly shoreline (mean high water line) of the Hackensack River intersects the easterly line of the Erie Railroad said point property being 2,015.38 feet northerly along said railroad property from where it intersects the northerly line of the Meadowlands Parkway (100 feet wide) and running from: thence north 19 degrees 20 minutes 54 seconds west 50.00 feet; thence north 37 degrees 30 minutes 08 seconds east 615.38 feet; thence north 03 degrees 02 minutes 56 seconds east, 2,087 feet; thence north 31 degrees 11 minutes 06 seconds east 577 feet; thence north 74 degrees 29 minutes 18 seconds east 541.25 feet; thence south 62 degrees 01 minutes 31 seconds east 400 feet; thence south 55 degrees 46 minutes 27 seconds east 612.52 feet; thence south 34 degrees 13 minutes 33 seconds west 517.79 feet; thence south 55 degrees 46 minutes 27 seconds east 158.81 feet; thence south 34 degrees 13 minutes 33 seconds west 310 feet; thence north 55 degrees 26 minutes 27 seconds north 15 feet; thence south 34 degrees 13 minutes 33 seconds west 592 feet; thence running in a southwesterly direction along the shoreline (mean high water line) of the Hackensack River, a distance of 2,360 feet being the same more or less to the easterly property line of the Erie Railroad and the point or place of beginning. Said parcel containing 67.6 acres being the same more or less.

(b)The declaration in subsection (a) of this section shall apply only to portions of the described area which are either bulkheaded and filled or occupied by permanent pile-supported structures. Plans for bulkheading and filling and permanent pile-supported structures shall be approved by the Secretary of the Army, acting through the Chief of Engineers. Local interests shall reimburse the Federal Government for engineering and all other costs incurred under this section.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (a), 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.

§59o Hackensack River, Hudson County, New Jersey