Probably the most difficult aspect of a dredging project is the permitting. Under more stringent local wetlands regulations, the Massachusetts Waterways Act (Ch. 91) and Amendments, the local, state and federal agencies are required to regulate dredging in accordance with certain environmental criteria. The purpose is to protect water quality and wildlife habitat.
Federal Law, under the Clean Water Act of 1976 and Amendments, requires that any person or business that proposes to place fill or dredged material in the “Waters of the United States” shall first obtain a dredging permit from the U.S. Army Corps of Engineers. The “Waters of the United States” have been interpreted in various courts as any body of water which is or could be used by interstate or foreign travelers for recreational purposes, including contiguous wetlands, and any flowing stream.
Dredged material is defined to include the overflow from a confined dredged material disposal site, as well as the sediment removed by the dredging process itself. Call us first to discuss permitting of any fill and dredge project since the law governing the placement of fills and dredged materials in the Waters of the United States provides both Civil and Criminal penalties for violations.