tidelands without a permit, early decisions in 

 the United States encouraged the erection of 

 wharves for the benefit of navigation and com- 

 merce. At present a majority of the coastal States 

 allow the adjacent owner to wharf out in most 

 cases without a permit, either as a part of the 

 State's common law or by statute.' ^'* 



However, probably no State now does not exert 

 some form of control over the construction of 

 wharves, piers, and other structures, even in those 

 States that still adhere to the rights of the riparian 

 owner to wharf out over tidelands. In some States, 

 control over construction of wharves, piers, and 

 other structures is exerted by the State, in detailed 



legislation,'^^ or by delegation to a State 



126 



127 



^^^ Washington: R.C.W.A., §88.24.010. See Eisenbach 

 V. Hatfield, 2 Wash. 236, 256 Pac. 539, 542-43 (1891). 

 Oregon: O.R.S., ch. 780.040. Mississippi: Miss. Code 

 Ann., §6047-10. See Harrison County v. Guice, 244 Miss. 

 95, 140 So. 2d. 838, 842 (1962). Alabama: Ala. Stats. 38, 

 §119. Virginia: See U.S. v. Smoot Sand and Gravel Corp., 

 248 F. 2d 822, 826 (4th Cii., 1951). Maryland: Md. Ann. 

 Code, ait. 54, §46. Pennsylvania: 55 Penna. Stat. Ann., 

 §8. Connecticut: See Miances Realty Co. v. Greenway, 

 151 Conn. Rep. 128, 193 A. 2d 713, 715 (1963). 

 Massachusetts: See Commissioner v. Alger, 61 Mass. 53, 

 104 (1853). 



agency,' *" or by delegation to a local agency. 



Municipalities are normally granted powers by 

 the State to regulate the construction of wharves 



New Jersey, N.J.S.A. 12-3-3. Statute contains de- 

 tailed prescription of intervals between piers and the 

 manner in which works are to be constructed. 



' ^New York: Conservation Lav/, §429c-requires 

 permit for wharves, docks, and piers used as landing 

 places, exempting a limited class of structures from the 

 permit requirements. Permits are handled by State Com- 

 mission of Conservation. Permit review includes values 

 other than navigation, i.e., erosion from banks, injury to 

 fish and aquatic resources, increase of turbidity, deposi- 

 tion of silt or debris. Public hearings may be held. Rhode 

 Island: R.I. Gen. Laws, tit. 46, ch. 6, §2. Approval of 

 plans to construct wharves or piers must be obtained from 

 the Department of Natural Resources. Florida: Fla. 

 Admin. Code., §200-2.16. Administrative function of 

 executive branch of government to grant permit for piers, 

 wharves, etc. in public navigable waters. See Sarasota 

 County Anglers Club, Inc. v. Bums, 193 So. 2d 691, 693 

 (1967). Administrative Code requires open trestles or 

 pilings which do not materially deflect water currents, or 

 induce erosion or accretion. 



California: Harbor and Navigation Code, §§4000- 

 4009-Boards of supervisors of counties may grant au- 

 thority to wharf out within county boundaries, and grant 

 authority to wharf out on lands other than those 

 mentioned above. 



AREAS FILLED 



ST. PETERSBURG 



PROPOSED FILL AREA 



AREAS ALTERED BY DREDGING 



ST, PETERSBURG 



'°*<°«'CH.,,,, 



III-129 



333-093 O - 69 - 19 



