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RULES AND REGULATIONS
GOVERNING PUBLIC USE
OF CORPS OF ENGINEERS
WATER RESOURCES
DEVELOPMENT PROJECTS
EP 1165-2-316
May 2000
FOREWARD
The following rules and regulations, published in the Federal Register of February 11,
2000 and amended on May 5, 2000, govern the public use of water resources
development projects administered by the Chief of Engineers. Visitors are bound by
these Title 36 regulations.
FOR THE COMMANDER:
RUSSELL L. FUHRMAN
Major General, U.S. Army
Chief of Staff
Title 36 -- Parks, Forests, and Public Property
CHAPTER 111 -- U.S. ARMY CORPS OF ENGINEERS
PART 327--RULES AND REGULATIONS GOVERNING PUBLIC USE OF
WATER RESOURCES DEVELOPMENT PROJECTS ADMINISTERED BY
THE CHIEF OF ENGINEERS
Section
327.0 Applicability
327.1 Policy
327.2 Vehicles.
327.3 Vessels.
327.4 Aircraft.
327.5 Swimming.
327.6 Picnicking.
327.7 Camping.
327.8 Hunting, fishing, and trapping.
327.9 Sanitation.
327.10 Fires.
327.11 Control of animals.
327.12 Restrictions.
327.13 Explosives, firearms, other weapons and fireworks.
327.14 Public property.
327.15 Abandonment and impoundment of personal property.
327.16 Lost and found articles.
327.17 Advertisement.
327.18 Commercial activities.
327.19 Permits.
327.20 Unauthorized structures.
327.21 Special events.
327.22 Unauthorized occupation.
327.23 Recreation use fees.
327.24 Interference with Government employees.
327.25 Violations of rules and regulations.
327.26 State and local laws.
Authority: 16 U.S.C. 460d; 16 U.S.C. 4601-6a; Sec. 210, Pub. L. 90-483, 82 Stat. 746.;
33 U.S.C. 1, 28 Stat. 362.
327.0 Applicability.
The regulations covered in this part 327 shall be applicable to water resources
development projects, completed or under construction, administered by the Chief of
Engineers, and to those portions of jointly administered water resources development
projects which are under the administrative jurisdiction of the Chief of Engineers. ALL
OTHER FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS REMAIN
IN FULL FORCE AND EFFECT WHERE APPLICABLE TO THOSE WATER
RESOURCES DEVELOPMENT PROJECTS.
327.1 Policy.
(a) It is the policy of the Secretary of the Army, acting through the Chief of Engineers,
to manage the natural, cultural and developed resources of each project in the public
interest, providing the public with safe and healthful recreational opportunities while
protecting and enhancing these resources.
(b) Unless otherwise indicated in this part, the term “District Commander” shall
include the authorized representatives of the District Commander.
(c) The term “project” or “water resources development project” refers to the water
areas of any water resources development project administered by the Chief of
Engineers, without regard to ownership of underlying land, to all lands owned in fee by
the Federal Government and to all facilities therein or thereon of any such water
resources development project.
(d) All water resources development projects open for public use shall be available to
the public without regard to sex, race, color, creed, age, nationality or place of origin.
No lessee, licensee, or concessionaire providing a service to the public shall
discriminate against any person because of sex, race, creed, color, age, nationality or
place of origin in the conduct of the operations under the lease, license or concession
contract.
(e) In addition to the regulations in this part 327, all applicable Federal, state and local
laws and regulations remain in full force and effect on project lands or waters which
are outgranted by the District Commander by lease, license or other written agreement.
(f) The regulations in this part 327 shall be deemed to apply to those lands and waters
which are subject to treaties and Federal laws and regulations concerning the rights of
Indian Nations and which lands and waters are incorporated, in whole or in part, within
water resources development projects administered by the Chief of Engineers, to the
extent that the regulations in this part 327 are not inconsistent with such treaties and
Federal laws and regulations.
(g) Any violation of any section of this part 327 shall constitute a separate violation for
each calendar day in which it occurs.
(h) For the purposes of this part 327, the operator of any vehicle, vessel or aircraft as
described in this part shall be presumed to be responsible for its use on project
property. In the event where an operator cannot be determined, the owner of the
vehicle, vessel, or aircraft, whether attended or unattended, will be presumed
responsible. Unless proven otherwise, such presumption will be sufficient to issue a
citation for the violation of regulations applicable to the use of such vehicle, vessel or
aircraft as provided for in Sec. 327.25.
(i) For the purposes of this part 327, the registered user of a campsite, picnic area, or
other facility shall be presumed to be responsible for its use. Unless proven otherwise,
such presumption will be sufficient to issue a citation for the violation of regulations
applicable to the use of such facilities as provided for in Sec. 327.25.
327.2 Vehicles.
(a) This section pertains to all vehicles, including, but not limited to, automobiles,
trucks, motorcycles, mini-bikes, snowmobiles, dune buggies, all-terrain vehicles, and
trailers, campers, bicycles, or any other such equipment.
(b) Vehicles shall not be parked in violation of posted restrictions and regulations, or in
such a manner as to obstruct or impede normal or emergency traffic movement or the
parking of other vehicles, create a safety hazard, or endanger any person, property or
environmental feature. Vehicles so parked are subject to removal and impoundment at
the owner's expense.
(c) The operation and/or parking of a vehicle off authorized roadways is prohibited
except at locations and times designated by the District Commander. Taking any
vehicle through, around or beyond a restrictive sign, recognizable barricade, fence, or
traffic control barrier is prohibited.
(d) Vehicles shall be operated in accordance with posted restrictions and regulations.
(e) No person shall operate any vehicle in a careless, negligent or reckless manner so as
to endanger any person, property or environmental feature.
(f) At designated recreation areas, vehicles shall be used only to enter or leave the area
or individual sites or facilities unless otherwise posted.
(g) Except as authorized by the District Commander, no person shall operate any
motorized vehicle without a proper and effective exhaust muffler as defined by state
and local laws, or with an exhaust muffler cutout open, or in any other manner which
renders the exhaust muffler ineffective in muffling the sound of engine exhaust.
(h) Vehicles shall be operated in accordance with applicable Federal, state and local
laws, which shall be regulated by authorized enforcement officials as prescribed in Sec.
327.26.
327.3 Vessels.
(a) This section pertains to all vessels or watercraft, including, but not limited to,
powerboats, cruisers, houseboats, sailboats, rowboats, canoes, kayaks, personal
watercraft, and any other such equipment capable of navigation on water or ice,
whether in motion or at rest.
(b) The placement and/or operation of any vessel or watercraft for a fee or profit upon
project waters or lands is prohibited except as authorized by permit, lease, license, or
concession contract with the Department of the Army. This paragraph shall not apply
to the operation of commercial tows or passenger carrying vessels not based at a Corps
project which utilize project waters as a link in continuous transit over navigable
waters of the United States.
(c) Vessels or other watercraft may be operated on the project waters, except in
prohibited or restricted areas, in accordance with posted regulations and restrictions,
including buoys. All vessels or watercraft so required by applicable Federal, state and
local laws shall display an appropriate registration on board whenever the vessel is on
project waters.
(d) No person shall operate any vessel or other watercraft in a careless, negligent, or
reckless manner so as to endanger any person, property, or environmental feature.
(e) All vessels, when on project waters, shall have safety equipment, including personal
flotation devices, on board in compliance with U.S. Coast Guard boating safety
requirements and in compliance with boating safety laws issued and enforced by the
state in which the vessel is located. Owners or operators of vessels not in compliance
with this section may be requested to remove the vessel immediately from project
waters until such time as items of non-compliance are corrected.
(f) Unless otherwise permitted by Federal, state or local law, vessels or other
watercraft, while moored in commercial facilities, community or corporate docks, or at
any fixed or permanent mooring point, may only be used for overnight occupancy
when such use is incidental to recreational boating. Vessels or other watercraft are not
to be used as a place of habitation or residence.
(g) Water skis, parasails, ski-kites and similar devices are permitted in nonrestricted
areas except that they may not be used in a careless, negligent, or reckless manner so as
to endanger any person, property or environmental feature.
(h) Vessels shall not be attached or anchored to structures such as locks, dams, buoys
or other structures unless authorized by the District Commander. All vessels when not
in actual use shall be removed from project lands and waters unless securely moored or
stored at designated areas approved by the District Commander. The placing of floating
or stationary mooring facilities on, adjacent to, or interfering with a buoy, channel
marker or other navigational aid is prohibited.
(i) The use at a project of any vessel not constructed or maintained in compliance with
the standards and requirements established by the Federal Safe Boating Act of 1971
(Pub. L. 92-75, 85 Stat. 213), or promulgated pursuant to such act, is prohibited.
(j) Except as authorized by the District Commander, no person shall operate any vessel
or watercraft without a proper and effective exhaust muffler as defined by state and
local laws, or with an exhaust muffler cutout open, or in any other manner which
renders the exhaust muffler ineffective in muffling the sound of engine exhaust.
(k) All vessels or other watercraft shall be operated in accordance with applicable
Federal, state and local laws, which shall be regulated by authorized enforcement
officials as prescribed in Sec. 327.26.
327.4 Aircraft.
(a) This section pertains to all aircraft including, but not limited to, airplanes,
seaplanes, helicopters, ultra-light aircraft, motorized hang gliders, hot air balloons, any
non-powered flight devices or any other such equipment.
(b) The operation of aircraft on project lands at locations other than those designated by
the District Commander is prohibited. This provision shall not be applicable to aircraft
engaged on official business of Federal, state or local governments or law enforcement
agencies, aircraft used in emergency rescue in accordance with the directions of the
District Commander or aircraft forced to land due to circumstances beyond the control
of the operator.
(c) No person shall operate any aircraft while on or above project waters or project
lands in a careless, negligent or reckless manner so as to endanger any person, property
or environmental feature.
(d) Nothing in this section bestows authority to deviate from rules and regulations or
prescribed standards of the appropriate State Aeronautical Agency, or the Federal
Aviation Administration, including, but not limited to, regulations and standards
concerning pilot certifications or ratings, and airspace requirements.
(e) Except in extreme emergencies threatening human life or serious property loss, the
air delivery or retrieval of any person, material or equipment by parachute, balloon,
helicopter or other means onto or from project lands or waters without written
permission of the District Commander is prohibited.
