Application and Permit-License Conditions – SAD Standard – June 2013 1 of 3
SHORELINE USE PERMIT CONDITIONS
i. Permits may be revoked by the District Commander when it is determined that the public interest requires such revocation or
when the permittee fails to comply with terms and conditions of the permit, the Shoreline Management Plan, or of this regulation.
(Appendix A to § 327.30, paragraph 3. Permit Revocation)
1. This permit is granted solely to the applicant for the purpose described on the attached permit.
2. The permittee agrees to and does hereby release and agree to save and hold the Government harmless from any and all causes of
action, suits at law or equity, or claims or demands or from any liability of any nature whatsoever for or on account of any damages to
persons or property, including a permitted facility, growing out of the ownership, construction, operation or maintenance by the permittee of
the permitted facilities and/or activities.
3. Ownership, construction, operation, use and maintenance of a permitted facility are subject to the Government's navigation servitude.
4. No attempt shall be made by the permittee to forbid the full and free use by the public of all public waters and/or lands at or adjacent to
the permitted facility or to unreasonably interfere with any authorized project purposes, including navigation in connection with the
ownership, construction, operation or maintenance of a permitted facility and/or activity.
5. The permittee agrees that if subsequent operations by the Government require an alteration in the location of a permitted facility and/or
activity or if in the opinion of the district commander a permitted facility and/or activity shall cause unreasonable obstruction to navigation or
that the public interest so requires, the permittee shall be required, upon written notice from the district commander to remove, alter, or
relocate the permitted facility, without expense to the Government.
6. The Government shall in no case be liable for any damage or injury to a permitted facility which may be caused by or result from
subsequent operations undertaken by the Government for the improvement of navigation or for other lawful purposes, and no claims or
right to compensation shall accrue from any such damage. This includes any damage that may occur to private property if a facility is
removed for noncompliance with the conditions of the permit.
7. Ownership, construction, operation, use and maintenance of a permitted facility and/or activity are subject to all applicable Federal, state
and local laws and regulations. Failure to abide by these applicable laws and regulations may be cause for revocation of the permit.
8. This permit does not convey any property rights either in real estate or material; and does not authorize any injury to private property or
invasion of private rights or any infringement of Federal, state or local laws or regulations, nor does it obviate the necessity of obtaining
state or local assent required by law for the construction, operation, use or maintenance of a permitted facility and/or activity.
9. The permittee agrees to construct the facility within the time limit agreed to on the permit issuance date. The permit shall become null
and void if construction is not completed within that period. Further, the permittee agrees to operate and maintain any permitted facility
and/or activity in a manner so as to provide safety, minimize any adverse impact on fish and wildlife habitat, natural, environmental, or
cultural resources values and in a manner so as to minimize the degradation of water quality.
10. The permittee shall remove a permitted facility within 30 days, at his/her expense, and restore the waterway and lands to a condition
accepted by the resource manager upon termination or revocation of this permit or if the permittee ceases to use, operate or maintain a
permitted facility and/or activity. If the permittee fails to comply to the satisfaction of the resource manager, the district commander may
remove the facility by contract or otherwise and the permittee agrees to pay all costs incurred thereof.
11. The use of a permitted boat dock facility shall be limited to the mooring of the permittee's vessel or watercraft and the storage, in
enclosed locker facilities, of his/her gear essential to the operation of such vessel or watercraft.
12. Neither a permitted facility nor any houseboat, cabin cruiser, or other vessel moored thereto shall be used as a place of habitation or as
a full or part-time residence or in any manner which gives the appearance of converting the public property, on which the facility is located,
to private use.
13. Facilities granted under this permit will not be leased, rented, sub-let or provided to others by any means of engaging in commercial
activity(s) by the permittee or his/her agent for monetary gain. This does not preclude the permittee from selling total ownership to the
facility.
14. Floats and the flotation material for all docks and boat mooring buoys shall be fabricated of materials manufactured for marine use. The
float and its flotation material shall be 100% warranted for a minimum of 8 years against sinking, becoming waterlogged, cracking, peeling,
fragmenting, or losing beads. All floats shall resist puncture and penetration and shall not be subject to damage by animals under normal
conditions for the area. All floats and the flotation material used in them shall be fire resistant. Any float which is within 40 feet of a line
carrying fuel shall be 100% impervious to water and fuel. The use of new or recycled plastic or metal drums or non-compartmentalized air
containers for encasement or floats is prohibited. Existing floats are authorized until it or its flotation material is no longer serviceable, at
which time it shall be replaced with a float that meets the conditions listed above. For any floats installed after the effective date of this
specification, repair or replacement shall be required when it or its flotation material no longer performs its designated function or it fails to
meet the specifications for which it was originally warranted.
15. Permitted facilities and activities are subject to periodic inspection by authorized Corps representatives. The resource manager will
notify the permittee of any deficiencies and together establish a schedule for their correction. No deviation or changes from approved plans
will be allowed without prior written approval of the resource manager.
16. Floating facilities shall be securely attached to the shore in accordance with the approved plans by means of moorings which do not
obstruct general public use of the shoreline or adversely affect the natural terrain or vegetation. Anchoring to vegetation is prohibited.
17. The permit display tag shall be posted on the permitted facility and/or on the land areas covered by the permit so that it can be visually
checked with ease in accordance with instructions provided by the resource manager.
18. No vegetation other than that prescribed in the permit will be damaged, destroyed or removed. No vegetation of any kind will be
planted, other than that specifically prescribed in the permit.
Exhibit I
I-1