EP 1165-2-1
30 Jul 99
historic, cultural, scenic, conservation, recreational, or similar
values. Full evaluation of the general public interest requires that
due consideration be given to the effect the proposed structure or
activity may have on values such as those associated with wild and
scenic rivers, registered historic places and natural landmarks,
National Rivers, National Wilderness Areas, National Seashores,
National Recreation Areas, National Lakeshores, National Parks,
National Monuments, estuarine and marine sanctuaries, archeological
resources, including Indian religious or cultural sites, and such
other areas as may be established under Federal or state law for
similar and related functions.
f. Interference with Adjacent Properties or Water Resource
Projects. Authorization of work or structures by the Department of the
Army does not convey a property right, nor authorize any injury to
property or invasion of other rights.
(1) Because a landowner has the general right to protect his
or her property from erosion, application to erect protective
structures will usually receive favorable consideration. However, if
the protective structure may cause damage to the property of others,
adversely affect public health and safety, adversely impact flood
plain or wetland values, or otherwise appear not to be in the public
interest, the district commander will so advise the applicant and
inform him or her of possible alternative methods of protecting his or
her property. Such advice will be given in terms of general guidance
only so as not to compete with private engineering firms nor require
undue use of Government resources.
(2) A riparian landowner's general right of access to
navigable waters of the United States is subject to the similar rights
of access held by nearby riparian landowners and to the general
public's right of navigation on the water surface. In the case of
proposals which create undue interference with access to, or use of,
navigable waters, the authorization will generally be denied.
(3) Where it is found that the work for which a permit is
desired is in navigable waters of the United States and may interfere
with an authorized Federal project, the applicant should be apprised
in writing of the fact and of the possibility that a Federal project
which may be constructed in the vicinity of the proposed work might
necessitate its removal or reconstruction.
(4) Proposed activities which are in the area of a Federal
project which exists or is under construction will be evaluated to
insure that they are compatible with the purposes of the project.
g. Activities Affecting Coastal Zones. Applications for
Department of the Army permits for activities affecting the coastal
zones of those states having a coastal zone management program
approved by the Secretary of Commerce will be evaluated with respect
to compliance with that program. No permit will be issued to a
non-Federal applicant until certification has been provided that the
proposed activity complies with the Coastal Zone Management Program,
and the appropriate state agency has concurred with the certification
or has waived its right to do so. However, a permit may be issued to
a non-Federal applicant if the Secretary of Commerce, on his or her
own initiative or upon appeal by the applicant, finds that the
proposed activity is consistent with the objectives of the Coastal
Zone Management Act or is otherwise necessary in the interest of
National security. Federal agency and Indian tribe applicants for
Department of the Army permits are responsible for complying with the
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