§ 59k. — Wicomico River, Maryland.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC59k]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 1--NAVIGABLE WATERS GENERALLY
SUBCHAPTER II--WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME
Sec. 59k. Wicomico River, Maryland
(a) If the Secretary of the Army acting through the Chief of
Engineers, finds that the proposed project in Salisbury, Maryland, to be
undertaken at the locations to be declared nonnavigable under this
section is in the public interest, on the basis of engineering studies
to determine the location and structural stability of any bulkheading
and filling and permanent pile-supported structures, in order to
preserve and maintain the remaining navigable waterway and on the basis
of environmental studies conducted pursuant to the National
Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.], then those
portions of the South Prong of the Wicomico River in Wicomico County,
State of Maryland, bounded and described as follows, are declared to be
not a navigable water of the United States within the meaning of the
laws of the United States, and the consent of Congress is hereby given,
consistent with subsection (b) of this section, to the filling in of a
part thereof or the erection of permanent pile-supported structures
thereon: That portion of the South Prong of the Wicomico River in
Salisbury, Maryland, bounded on the east by the west side of United
States Route 13; on the west by the west side of the Mill Street Bridge;
on the south by a line five feet landward from the present water's edge
at high tide extending the entire length of the South Prong from the
east boundary at United States Route 13 to the west boundary at the Mill
Street Bridge; and on the north by a line five feet landward from the
present water's edge at high tide extending the entire length of the
South Prong from the east boundary at United States Route 13 to the west
boundary at the Mill Street Bridge.
(b) This declaration shall apply only to the portions of the areas
described in subsection (a) of this section which are bulkheaded and
filled or occupied by permanent pile-supported structures. Plans for
bulkheading and filling and permanent pile-supported structures shall be
approved by the Secretary of the Army, acting through the Chief of
Engineers. Such bulkheaded and filled areas or areas occupied by
permanent pile-supported structures shall not reduce the existing width
of the Wicomico River to less than sixty feet and a minimum depth of
five feet shall be maintained within such sixty-foot width of the
Wicomico River. Local interests shall reimburse the Federal Government
for engineering and all other costs incurred under this section.
(Pub. L. 93-251, title I, Sec. 97, Mar. 7, 1974, 88 Stat. 40.)
References in Text
The National Environmental Policy Act of 1969, referred to in text,
is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is
classified generally to chapter 55 (Sec. 4321 et seq.) of Title 42, The
Public Health and Welfare. For complete classification of this Act to
the Code, see Short Title note set out under section 4321 of Title 42
and Tables.
