Rivers and Harbors Act — Section 10 & Federal Navigation

The Rivers and Harbors Act of 1899 (33 U.S.C. §§ 401–467) is the oldest federal environmental law still in active use — and it's the reason you can't build a dock, dredge a channel, or dump anything into a navigable waterway without a permit from the Army Corps of Engineers. Section 10 (§ 403) prohibits any obstruction to the navigable capacity of U.S. waters without Corps authorization. Section 13 — the "Refuse Act" (§ 407) — prohibits depositing any refuse matter into navigable waters. Together with the Clean Water Act's Section 404 (which regulates dredge and fill in waters of the United States), the Rivers and Harbors Act forms the dual-permit framework governing virtually all construction and development in and around American waterways.

Current Law (2026)

Legal Authority

• 33 U.S.C. § 401 — Construction of bridges, causeways, dams, or dikes (prohibits construction of any bridge, dam, dike, or causeway over or in navigable waters without Congressional consent; now administered primarily under other specific bridge and dam statutes)
• 33 U.S.C. § 403 — Section 10 (prohibits the excavation or fill of, or the building of any structure in, navigable waters without authorization from the Secretary of the Army/Chief of Engineers; also prohibits any obstruction to the navigable capacity of waters)
• 33 U.S.C. § 407 — Section 13 / Refuse Act (prohibits throwing, discharging, or depositing any refuse matter of any kind into any navigable water or any tributary thereof; also prohibits depositing material on the bank of any navigable water where it may be washed into the water)
• 33 U.S.C. § 408 — Section 14 (prohibits taking possession of, using, damaging, or destroying any sea wall, bulkhead, jetty, dike, levee, dam, lock, canal, or other work built by the United States without permission of the Secretary of the Army)
• 33 U.S.C. § 411 — Penalty (every person and every corporation that violates the Act's prohibitions is guilty of a misdemeanor; punishable by fine up to $25,000, imprisonment up to 1 year, or both)

How It Works

Section 10 permits are required for virtually any work in, over, or under navigable waters. This includes: constructing docks, piers, wharves, bulkheads, and jetties; dredging channels; placing fill material; installing underwater cables and pipelines; building bridges (now primarily under the Coast Guard Bridge Act); and any other activity that could obstruct navigation. The Corps evaluates permit applications for their impact on navigation, environmental effects, and the overall public interest. Section 10 jurisdiction covers navigable waters — waters subject to tidal influence or that have been, are, or could be used for interstate or foreign commerce.

The Refuse Act (Section 13, § 407) was enacted to keep navigable waterways clear of debris but became an early environmental tool. It prohibits depositing "any refuse matter of any kind or description" into navigable waters. Before the Clean Water Act was enacted in 1972, the Refuse Act was the primary legal tool for combating water pollution — the Nixon administration used it to establish the first industrial discharge permit program. Today, the Clean Water Act's NPDES permit system has largely superseded the Refuse Act for pollution control, but the Refuse Act remains independently enforceable.

Section 14 (§ 408) protects federal infrastructure. No one may take possession of, use, damage, or destroy any Army Corps civil works project (levees, dams — see also National Dam Safety Program — locks, canals, seawalls, jetties) without the permission of the Secretary of the Army. This provision requires Corps review of any proposed modification to or use of federal flood control, navigation, or water resource infrastructure — including attachments to levees, crossings of navigation channels, and connections to federal dams.

In practice, most waterfront development requires both a Section 10 permit (Rivers and Harbors Act, for work in navigable waters) and a Section 404 permit (Clean Water Act, for discharge of dredged or fill material into waters of the United States). The Corps processes both permits jointly through a single application. Section 10's jurisdiction (navigable waters) is narrower than Section 404's (waters of the United States, including wetlands), so some projects require only a 404 permit while projects in navigable waters typically need both.

Shore protection provisions (§§ 426+) authorize federal participation in beach nourishment, erosion control, and storm damage prevention along coastlines and lakeshores. The Corps studies shore erosion problems and may construct protective works (seawalls, groins, beach fill) in partnership with state and local sponsors who share costs.

How It Affects You

If you own waterfront property and want to build a dock, seawall, boat ramp, or mooring structure: Any construction in, over, or under navigable waters requires a Section 10 permit from the Army Corps of Engineers — this is non-negotiable and proceeding without authorization is a criminal misdemeanor (up to $25,000 fine + 1 year imprisonment, per § 411).

The fastest path: Many routine waterfront projects qualify for a Nationwide Permit (NWP) — a general permit that covers categories of minor activities with minimal impacts. NWPs are much faster than individual permits (typically 30–60 days versus 6–24 months). Common NWPs relevant to waterfront property owners:

• NWP 3: Maintenance dredging and bank stabilization repair
• NWP 36: Boat ramps (up to 20 feet wide)
• NWP 54: Living shorelines (oyster reefs, marsh plantings)

Some NWPs require Pre-Construction Notification (PCN) — check whether your project meets the specific NWP conditions (size limits, resource type restrictions, mitigation requirements) and whether PCN is mandatory. Submit your PCN to your Army Corps district — find your district at usace.army.mil/Missions/Civil-Works/Regulatory.

Before spending money on design drawings: Request a pre-application meeting with your Corps district. This free consultation identifies permit requirements, typical review timeline, and likely conditions before you invest in detailed engineering. It's the single most valuable step for any significant waterfront project.

You may also need: a Section 404 permit (Clean Water Act) if any fill material is involved — the Corps processes this jointly with Section 10; a state Section 401 water quality certification (your state EPA must certify that the project won't violate state water quality standards — a state veto point that can add 3–6 months); and state coastal or waterway permits depending on your state.

If you're a developer or infrastructure project manager with work near navigable waterways: Corps permitting is almost always your longest lead-time item — start it first, not last, in your project timeline.

Understanding the dual-permit framework:

• Section 10 (Rivers and Harbors Act): Work in, over, or under navigable waters — the traditional commerce-navigation jurisdiction dating to 1899
• Section 404 (Clean Water Act): Discharge of dredged or fill material into waters of the United States — a broader jurisdiction (after Sackett v. EPA (2023), this jurisdiction was narrowed for isolated wetlands, but Section 10 jurisdiction for navigable waters was unaffected)
• Most projects in navigable waters need both — the Corps processes them as a single joint application at permits.ops.usace.army.mil

If your project touches Army Corps infrastructure — a levee, navigation channel, lock, dam, or seawall — you also need a Section 408 permission (§ 408) before beginning. Section 408 reviews have surged as communities use IIJA resilience funding to upgrade flood control systems. Timeline: 6 months to 2+ years depending on complexity. Contact your Corps district's Section 408 team early.

Timeline management: The Environmental Assessment or EIS required for individual permits, combined with public notice periods (30 days), consulting agency coordination (USFWS, NMFS, SHPO, tribes), and state certification processes, means complex individual permits can take 12–24 months or more. Factor this into your financing, permitting, and construction schedules.

If you have commercial navigation interests in federal waterways: Section 10's core purpose is protecting your navigation rights — unauthorized obstructions are criminal violations and the Corps has authority to remove them.

How to report an obstruction: Contact your Army Corps district with the location and description of the obstruction. If it's creating an immediate navigation hazard, also contact the U.S. Coast Guard (1-877-24-USCG). Criminal prosecution under § 411 can follow, but the Corps's primary goal is removal.

Maintenance dredging of federal navigation projects (harbors, channels): Authorized under the Corps's civil works program and funded through the Harbor Maintenance Trust Fund (HMTF, funded by a 0.125% ad valorem tax on imports at commercial ports). Dredging is appropriated annually by Congress — total HMTF revenues exceed $2 billion/year, but appropriations sometimes lag. If your port or waterway isn't getting needed dredging, contact your Congressional delegation — this is ultimately a budget priority decision, not a technical one.

If you live in a coastal or lakefront community facing erosion: The Rivers and Harbors Act's shore protection provisions (§§ 426+) authorize federal cost-sharing for beach nourishment and erosion control, but the path from problem to protection is long:

The federal shore protection process:

1. A local sponsor (state, county, or municipality) must request a Corps study and agree to cost-share
2. The Corps conducts a feasibility study (typically 3–5 years, $1–3 million) to determine if a federal project is justified economically and technically
3. If authorized by Congress in a Water Resources Development Act (WRDA) cycle, the project moves to design and construction
4. Typical total timeline: 10–15 years from initial request to sand on the beach
5. Cost sharing: Local sponsors typically pay 35% of construction costs and 100% of recreation benefits above the national average; for storm protection projects, federal share is higher

While you wait: If you're facing acute erosion, the Corps's Nationwide Permit 13 (bank stabilization) can authorize temporary protective measures (rip-rap, geotextile tubes) relatively quickly (30–90 days for routine projects). A private environmental attorney or coastal engineer can help you navigate expedited pathways.

If you're an environmental advocate or community member challenging a waterfront development permit: The Rivers and Harbors Act gives you meaningful public participation rights.

Public comment on individual permits: When the Corps receives an application for an individual Section 10 (or 404) permit, it issues a public notice — typically a 30-day window — inviting comments. The Corps must address substantive comments in its permit decision document (the "Statement of Findings"). Find current Corps public notices at your district's website or through the Regulatory In-lieu Fee and Bank Information Tracking System (RIBITS) at usace.army.mil.

State veto via § 401 certification: Before the Corps can issue any Section 10 or 404 permit, the applicant's state must issue a Clean Water Act § 401 water quality certification — or the state must waive it. This gives your state EPA significant leverage. If you're opposing a project, engaging your state's water quality office during the § 401 review process is often more effective than Corps comment alone.

The Refuse Act as an enforcement tool: The Refuse Act (§ 407) remains independently enforceable against anyone depositing "any refuse matter of any kind" into navigable waters. If you observe illegal dumping into a navigable waterway, report it to the Army Corps Regulatory Office (for permit violations) and the U.S. EPA's enforcement office (for Clean Water Act violations) — both agencies can investigate and prosecute. The Corps can also refer criminal cases to DOJ.

State Variations

The Rivers and Harbors Act is federal law, but state authority overlaps:

• States regulate construction in waterways under their own coastal management and water resource laws
• State dredge and fill permits may be required in addition to federal permits
• State water quality certification (Clean Water Act § 401) is required for Section 10 and 404 permits
• State tidal and submerged lands ownership affects the regulatory framework for waterfront development
• Some states have assumed the federal Section 404 program (Michigan, New Jersey); Section 10 authority is never delegated

Implementing Regulations

• 33 CFR Part 322 — Army Corps Section 10 permits for structures or work in or affecting navigable waters — the implementing rules for 33 U.S.C. § 403. Key provisions:

  • § 322.2 — Definitions: "structure" includes any pier, dock, boat ramp, wharf, dolphin, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent mooring structure, power transmission line, permanently moored floating vessel, piling, or aid to navigation; "work" includes any dredging, disposal of dredged material, excavation, filling, or other modification of a navigable water; "letter of permission" is the abbreviated permit type for minor projects
  • § 322.3 — Permit required for all structures and work in navigable waters unless otherwise exempted; nationwide general permits (33 CFR Part 330) authorize categories of minor activities without individual review; other activities require an individual or regional Section 10 permit; jurisdiction extends to structures outside the physical waterway if they affect the course, location, or condition of navigable capacity
  • § 322.4 — Activities NOT requiring permits: activities commenced or completed shoreward of established federal harbor lines before May 27, 1970 (though post-1972 fill in those same areas still needs a §404 permit); piers and wharves in waterbodies located entirely within one state that are navigable only on the basis of historical use for interstate commerce (per Water Resource Development Act of 1976 §154)
  • § 322.5(b) — Special policy for artificial reefs: district engineers evaluate whether the reef enhances fishery resources to the maximum extent practicable, facilitates access by U.S. recreational and commercial fishers, minimizes conflicts with other waterway uses, and complies with the National Artificial Reef Plan

  Part 322 works in tandem with 33 CFR Part 320 (general regulatory policies) and Part 325 (application procedures). Most individual Section 10 permits also trigger a need for a Section 404 permit (Clean Water Act) if fill material is involved — Corps districts process both through a joint application. Nationwide permits under Part 330 bypass the full individual review and cover common activities like utility line crossings, minor dredging, and certain structures — these are faster (typically 30–60 days) but come with standard conditions on water quality, wetlands, and cultural resources.

• 33 CFR Part 320 — Army Corps General Regulatory Policies: the overarching framework that governs all Corps of Engineers permit decisions across the full range of permit types (Section 9, Section 10, Section 404, Section 103). Key provisions:

  • § 320.1 — The Corps program has evolved from pure navigation protection (pre-1968) to a "full public interest review" that balances beneficial uses against environmental and other harms; authority is decentralized to 36 district engineers and 11 division engineers; a district engineer's permit denial or decline is subject to administrative appeal under 33 CFR Part 331
  • § 320.2 — Permit authorities: the Corps issues permits under nine distinct statutory authorities, including: Section 9 (Rivers and Harbors Act — dams and dikes); Section 10 (Rivers and Harbors Act — structures and work in navigable waters); Section 404 (Clean Water Act — dredge and fill in waters of the US); Section 103 (Marine Protection, Research and Sanctuaries Act — ocean dumping of dredged material); and Section 14 of the Rivers and Harbors Act (bank protection and clearing of navigable channels)
  • § 320.3 — Related laws that apply to all permit decisions: CWA § 401 water quality certification (state must certify or waive before Corps can issue permit); Coastal Zone Management Act § 307 (federal consistency with state coastal zone management plans); NEPA (EA or EIS required for individual permits); ESA § 7 (formal consultation with FWS/NMFS if listed species may be affected); National Historic Preservation Act § 106 (consultation with State Historic Preservation Office for cultural resources); and Executive Order 11988 (floodplains) and 11990 (wetlands)
  • § 320.4 — Public interest review standard: every permit decision requires weighing the probable impacts — including cumulative impacts — against the public interest, considering: conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion, recreation, water supply, water quality, safety, and food production; the Corps must give wetlands and water quality factors appropriate weight but does not automatically veto projects on environmental grounds; mitigation (avoidance, minimization, compensatory mitigation) is required where impacts remain after avoidance and minimization

  The 2025 update to Part 320 (90 FR 29471) addresses the post-Sackett v. EPA (2023) narrowing of "waters of the United States" jurisdiction under the Clean Water Act — the Corps updated its regulatory policies to reflect the Supreme Court's new adjacency standard for wetlands, which eliminated CWA jurisdiction over wetlands not directly connected to relatively permanent navigable waters. The public interest review standard remains unchanged, but the universe of projects requiring Section 404 permits shrank significantly after Sackett.

• 33 CFR Part 114–115 — Bridge permitting (alteration of unreasonably obstructive bridges, Coast Guard bridge administration)

Pending Legislation

No standalone Rivers and Harbors Act reform bills have been introduced in the 119th Congress. Related waterways provisions appear in the Water Resources Development Act cycle — see Army Corps and Waterways.

Recent Developments

• Sackett v. EPA (2023) narrowed the Clean Water Act but left Rivers and Harbors Act § 10 jurisdiction intact: The Supreme Court's May 2023 decision dramatically reduced CWA § 404 jurisdiction over wetlands and isolated water bodies, limiting it to waters with a "continuous surface connection" to traditionally navigable waters. The Rivers and Harbors Act § 10 jurisdiction — which has always been tied to navigability and interstate commerce, not the broader "waters of the United States" concept — was unaffected. The practical result: projects in wetlands adjacent to (but not continuously connected to) navigable waters may no longer need a § 404 permit, but still need a § 10 permit if the navigable waterway itself is involved. The Sackett decision also prompted the Corps to update its jurisdictional determination procedures for sorting out which activities trigger which permits.
• Offshore wind permitting under § 10 became a major Corps workload (2021–2025): The rapid expansion of offshore wind development along the Atlantic and Gulf coasts generated dozens of large Section 10 permit applications for transmission cables, monopile foundations, and vessel transit in navigable waters. The Corps processed these under its standard individual permit program, but offshore wind created new challenges for cumulative impacts analysis, commercial fishing consultation, and tribal government consultation. The Trump administration's January 2025 executive order pausing new offshore wind leases and permitting froze much of this pipeline, with several major offshore wind permits in federal court as of early 2026.
• Army Corps overhauled nationwide permits (NWPs) in 2021 and 2023: NWPs, which provide streamlined Section 10 (and § 404) authorization for categories of routine activities, were reissued in 2021 and modified in 2023. The 2021 reissuance restored environmental protections removed by the Trump administration's controversial 2020 NWP overhaul, particularly protections for wetland crossings and stream disturbances. New NWPs for solar energy transmission crossings and renewable energy-related activities were added. Opponents of the 2020 changes had secured preliminary injunctions in some courts; the 2021 reissuance mooted most of that litigation.
• Section 408 reviews surged for climate resilience upgrades: Communities seeking to add green infrastructure features — bioswales, floodplain reconnection, living shorelines — alongside existing Army Corps levees must obtain § 408 permission before modifying Corps infrastructure. Demand for § 408 reviews increased substantially as localities used IIJA resilience funding to upgrade flood control systems. The Corps expanded its § 408 programmatic review guidance in 2022-2024 to handle a backlog of climate adaptation requests, recognizing that the standard individual § 408 review process (designed for utility crossings and bridge pier modifications) was ill-suited for large-scale nature-based infrastructure integration.