---
kind: "section"
citation: "50 C.F.R. § 86.52"
title: "50"
number: "86.52"
heading: "What does the Service consider when evaluating a project on the need for more or improved boating infrastructure?"
url: "https://uscodex.org/cfr/50/86.52"
---

# §86.52. What does the Service consider when evaluating a project on the need for more or improved boating infrastructure?


In evaluating a proposed project under the criterion at [§§ 86.51(a)(1)](/cfr/50/86.51.md?p=a-1) on the need for more or improved boating infrastructure facilities, we consider whether the project will:

- (a) Construct new boating infrastructure in an area that lacks it, but where eligible vessels now travel or would travel if the project were completed;
- (b) **Renovate a facility to—**
  - (1) Improve its physical condition;
  - (2) Follow local building codes;
  - (3) Improve generally accepted safety standards; or
  - (4) Adapt it to a new purpose for which there is a demonstrated need;
- (c) Create accessibility for eligible vessels by reducing wave action, increasing depth, or making other physical improvements;
- (d) Expand an existing marina or mooring site that is unable to accommodate current or projected demand by eligible vessels; or
- (e) **Make other improvements to accommodate an established eligible need.**

## Notes

### Authority

Authority: 16 U.S.C. 777c, g, and g-1.

### Source

Source: 80 FR 26161, May 6, 2015, unless otherwise noted.