Quantcast LEGAL AND REGULATORY MATTERS

 
  
 
General Approach to Bank Stabilization
The degree of importance and the particulars of these factors are site-and-time
specific. It is impossible to address them completely in this text, but they are discussed
sufficiently to allow their consideration in the context of proposed bank stabilization, and to
raise awareness that further investigation may be appropriate for a specific project.
The factors to be considered are:
Legal and regulatory matters;
Broad environmental issues;
Economic factors; and
Coordination with other interested parties.
4.2.1 LEGAL AND REGULATORY MATTERS
Public concerns which are most likely to require permits or conformity to law or
formal regulatory procedures are:
Navigation;
Environmental restrictions;
Cultural resources;
Rights of way; and
Other consequential project-induced effects.
Proposed work where commercial navigation exists has obvious constraints. Less
obvious is the possibility that work may be proposed where there appears to be no actual
navigation, but an official classification of the river as a "navigable" waterway exists,
requiring the same regulatory procedures.
Public or interagency review of environmental aspects of the project may be required.
Environmental requirements are rapidly becoming more stringent and complex, and all
proposed projects, no matter how small or innocuous, should be critically examined early in
the planning stages. Section 4.2.2 presents a broader view of this matter.
Cultural resources affected by river stabilization projects are usually archaeological
or historical sites. The impact may be positive, as when sites are protected from potential
destruction by bank failure, or negative, as when sites are subject to damage from
construction activities associated with stabilization projects. Potential impacts are often
addressed together with environmental considerations, but specific procedures vary.
Consultation with the project sponsor or other project planning authorities is necessary to
define the required coordination.
Right-of-way for construction, surveillance, and maintenance is always required in
some form. It may vary from a simple temporary easement to a complex fee-title purchase
from many parties, all of whom may not welcome the project.
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