ELR Citation: ELR 20510
No(s). 3092 (S.D. Ga. Apr 17, 1974)

A landowner who dumps debris into a marshland area of a navigable river with the intent of filling the marsh, thereby damaging the ecological balance of the river, must have a permit from the Army Corps of Engineers. Failure to have a permit when depositing refuse in a navigable waterway constitutes a violation of the Rivers and Harbors Act of 1899. Although the landowner did attempt to get an after-the-fact permit and by so doing forced the decision to be delayed until the Army acted, the rejection of the application by the Corps of Engineers requires an order to cease further dumping and to remove material already dumped. The grant of a permit to a dock facility does not establish a harbor line within which the prohibition against filling does not apply. The landowner is permanently enjoined from filling activities in the area.

Counsel for Plaintiffs
R. Jackson, U.S. Attorney
B. Smith Jr., U.S. Attorney
Lamar C. Walter, Asst. U.S. Attorney
P.O. Box 8999
Savannah, GA 31402

Counsel for Defendant
Henry Diamond, pro se
31610 Mecceo Dr.
Savannah, GA 31404