Map the approvals before design

Waterfront ownership does not by itself settle permission to build into the water. Map the approvals before you pay for design.

Four separate questions

• Land and bed rights: who owns the shore and the bed?
• Marine or navigation permission: does work in the water need a licence or a permit?
• Habitat review: does the work affect fish habitat or other protected features?
• Construction approval: what does the local authority control?

Ask each question of the right authority. One answer does not settle the others.

United States

No single approval applies across the country. The U.S. Army Corps of Engineers regulates structures and work in navigable waters under Section 10 of the Rivers and Harbors Act of 1899. It also regulates the discharge of dredged or fill material into waters of the United States under Section 404 of the Clean Water Act. Ask the Corps district for your site which reviews apply to the actual work. Ask the state and local authorities too.

England and the rest of the United Kingdom

The Marine Management Organisation (MMO) is the marine licensing authority for English waters under the Marine and Coastal Access Act 2009. Use its guidance to find out if the activity needs a licence or another route. Scotland, Wales and Northern Ireland have their own systems. Harbour authority consent and landowner consent can also apply.

British Columbia

The Province of British Columbia publishes a private moorage policy for Crown land. Read it with your site plan, and ask the province which authorization route applies. Do not apply the British Columbia route to another province. Ask about navigation, fish habitat and local development controls as separate questions.

Australia and other countries

For an Australian site, ask the state land and water authorities and the local council about tenure, tidal works and planning. For Ireland, New Zealand, the UAE, Switzerland, Singapore and Hong Kong, start a new authority map. These are referral questions. They do not mean that an exemption exists.

Keep an approval register

Use one row for each approval. Record the authority, the application, the drawing revision, each condition, the responsible person and the written status. Include construction windows, inspection points and removal duties if the authority sets them. Resolve conflicts between approvals before work starts. A repair can also need permission, so ask about the exact repair scope and method.

Sources

• U.S. Army Corps of Engineers, Regulatory Program
• Rivers and Harbors Act of 1899, Section 10 (33 U.S.C. 403)
• Clean Water Act, Section 404 (33 U.S.C. 1344)
• Marine Management Organisation, Get permission for marine work (GOV.UK)
• Marine and Coastal Access Act 2009
• Province of British Columbia, Land use: private moorage
• PrivateDock guide: Dock permits: map the approvals before design