33 U.S.C. § 59k : US Code - Section 59K: Wicomico River, Maryland

Search 33 U.S.C. § 59k : US Code - Section 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.