What Authority Requires the Corps to Regulate the Waters of the United States?
Two laws delegate the authority to regulate waters of the U.S. to the Corps of Engineers. These laws are: • Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) (links to Cornell University Law Library). Under this law a permit is required for any structure or work that takes place in, under, or over a navigable water, or wetlands adjacent to navigable waters of the United States. • Section 404 of the Clean Water Act (33 U.S.C. 1344) (links to Cornell University Law Library). Under this law a permit is required for activities which involve a discharge of dredged or fill material into a water of the United States including wetlands. Discharge activities which will drain or flood wetlands or significantly disturb the soils of a wetland also require a permit.
