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20180731-Navigation Setback Guidance for Palm Beach Harbor

Published July 31, 2018
Expiration date: 8/30/2018

The U.S. Army Corps of Engineers (Corps), Jacksonville District is responsible for 17 deep draft harbors and 20 shallow draft harbors in Florida and the Caribbean, as well as approximately 900 miles of navigable inland waterways. Establishing Setback Guidance is necessary to advise the public of the manner in which Jacksonville District intends to exercise its authority under Section 10 of the Rivers and Harbors Act to (1) maintain the navigable capacity of the Federal channels by minimizing both potential hazards to navigation and impediments to maintenance dredging created by structures located along the edges of the channels and (2) ensure that proposed modifications to a Federal project do not impair the usefulness of the project and are not injurious to the public interest. For these reasons, the Corps, Jacksonville District’s Navigation Section established setback guidance in January 2018, for the federal deep draft navigation channel and its associated basin located at Palm Beach Harbor in Palm Beach County, Florida.

The Setback Guidance applies to works and structures located within the Palm Beach Harbor as follows:

a. For structures proposed in the vicinity of the turning basins and near port facilities: structures outside of the 160-foot setback line can generally be approved by the Corps’ Navigation Section; structures inside of the 160-foot setback line will need to be reviewed on a case-by-case basis and may need to be coordinated with various entities, such as the Project Sponsor, Harbor Pilots, and U.S. Coast Guard (USCG).

b. For structures proposed in the vicinity of entrance channels and/or connecting channels: structures outside of the 300-foot setback line can generally be approved by the Corps’ Navigation Section; structures inside of the 300-foot setback line will generally not be approved. Exceptions to this guideline will need to be reviewed on a case-by-case basis in coordination with various entities, such as the Project Sponsor, Harbor Pilots, and USCG.

The Setback Guidance does not have binding effect. It is guidance to the public which is intended to provide predictability on how the Corps reviews structures along certain federal channels and ports. Each proposed project is reviewed on a case-by-case basis depending upon site specific and/or project specific information. This Setback Guidance will not diminish the Corps' ability to operate and maintain the Federal channels and ports in an efficient, cost-effective and environmentally acceptable manner. The Setback Guidance is effective concurrent with this public notice and is available on our website at http://www.saj.usace.army.mil/Missions/Regulatory/ltemsoflnterest.aspx.

This public notice is issued by the Chief, Regulatory Division.