---
kind: "section"
citation: "33 C.F.R. § 322.4"
title: "33"
number: "322.4"
heading: "Activities not requiring permits."
url: "https://uscodex.org/cfr/33/322.4"
---

# §322.4. Activities not requiring permits.

- (a) Activities that were commenced or completed shoreward of established Federal harbor lines before May 27, 1970 (see [33 CFR 320.4(o)](/cfr/33/320.4.md?p=o)) do not require [section 10](/cfr/33/10.md) permits; however, if those activities involve the discharge of dredged or fill material into waters of the United States after October 18, 1972, a [section 404](/cfr/33/404.md) permit is required. (See [33 CFR part 323](/cfr/33/part323.md).)
- (b) **Pursuant to section 154 of the Water Resource Development Act of 1976 (Pub.** L. 94-587), Department of the Army permits are not required under [section 10](/cfr/33/10.md) to construct wharves and piers in any waterbody, located entirely within one state, that is a navigable water of the United States solely on the basis of its historical use to transport interstate commerce.

## Notes

### Authority

Authority: 33 U.S.C. 403.

### Source

Source: 51 FR 41228, Nov. 13, 1986, unless otherwise noted.