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Current as of October 02, 2022 | Updated by FindLaw Staff
(a) Non-emergency situations. In non-emergency situations, the District Engineer may undertake removal action (within the limits of delegation) after all of the following conditions have been met:
(1) A determination has been made, in consultation with the Coast Guard, that the obstruction is a hazard to navigation,
(2) The District Engineer and the Coast Guard agree on a course of action which includes the need for removal (or, if a conflict exists, the need for removal has been resolved at higher level),
(3) The District Engineer has made a reasonable attempt to identify the owner, operator, or lessee, and
(4) Abandonment of the wreck or obstruction has been established.
(b) Emergency actions. In emergency situations, the District Engineer may bypass (within the limits of delegation) any or all of the four conditions in the preceding paragraph if, in his judgment, circumstances require more immediate action, and if either one of the following conditions are met:
(1) The obstruction impedes or stops navigation, or
(2) The obstruction poses an immediate threat to life, property, or a structure that facilitates navigation.
Cite this article: FindLaw.com - Code of Federal Regulations Title 33. Navigation and Navigable Waters § 33.245.50 Removal by Corps of Engineers - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-33-navigation-and-navigable-waters/cfr-sect-33-245-50/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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