§ 403. — Obstruction of navigable waters generally; wharves; piers, etc.; excavations and filling in.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC403]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9--PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER I--IN GENERAL
Sec. 403. Obstruction of navigable waters generally; wharves;
piers, etc.; excavations and filling in
The creation of any obstruction not affirmatively authorized by
Congress, to the navigable capacity of any of the waters of the United
States is prohibited; and it shall not be lawful to build or commence
the building of any wharf, pier, dolphin, boom, weir, breakwater,
bulkhead, jetty, or other structures in any port, roadstead, haven,
harbor, canal, navigable river, or other water of the United States,
outside established harbor lines, or where no harbor lines have been
established, except on plans recommended by the Chief of Engineers and
authorized by the Secretary of the Army; and it shall not be lawful to
excavate or fill, or in any manner to alter or modify the course,
location, condition, or capacity of, any port, roadstead, haven, harbor,
canal, lake, harbor or refuge, or inclosure within the limits of any
breakwater, or of the channel of any navigable water of the United
States, unless the work has been recommended by the Chief of Engineers
and authorized by the Secretary of the Army prior to beginning the same.
(Mar. 3, 1899, ch. 425, Sec. 10, 30 Stat. 1151; July 26, 1947, ch. 343,
title II, Sec. 205(a), 61 Stat. 501.)
Codification
Section is from act Mar. 3, 1899, popularly known as the ``Rivers
and Harbors Appropriation Act of 1899''.
Prior Provisions
Act Sept. 19, 1890, ch. 907, Sec. 10, 26 Stat. 454, was probably
omitted from the Code as superseded by this section but it was held by
the Circuit Court of Appeals in Wishkah Boom Co., Wash. 1905, 136 F. 42,
68 C.C.A. 592 (appeal dismissed [1906] 26 S. Ct. 765, 202 U.S. 613, 50
L. Ed. 1171), that it was not superseded so far as it related to the
continuance of obstructions. It provided that:
``The creation of any obstruction, not affirmatively authorized by
law, to the navigable capacity of any waters, in respect of which the
United States has jurisdiction, is hereby prohibited. The continuance of
any such obstruction, except bridges, piers, docks, and wharves, and
similar structures erected for business purposes, whether heretofore or
hereafter created, shall constitute an offense and each week's
continuance of any such obstruction shall be deemed a separate offense.
Every person and every corporation which shall be guilty of creating or
continuing any such unlawful obstruction in this act mentioned, or who
shall violate the provisions of the last four preceding sections of this
act, shall be deemed guilty of a misdemeanor, and on conviction thereof
shall be punished by a fine not exceeding five thousand dollars, or by
imprisonment (in the case of a natural person) not exceeding one year,
or by both such punishments, in the discretion of the court, the
creating or continuing of any unlawful obstruction in this act mentioned
may be prevented and such obstruction may be caused to be removed by the
injunction of any circuit court [district court] exercising jurisdiction
in any district in which such obstruction may be threatened or may
exist; and proper proceedings in equity to this end may be instituted
under the direction of the Attorney-General of the United States.''
This section and section 9 of act Mar. 3, 1899 (section 401 of this
title), superseded provisions of act Sept. 19, 1890, ch. 907, Sec. 7, 26
Stat. 454, as amended by act July 13, 1892, ch. 158, Sec. 3, 27 Stat.
110, which prohibited the erection of obstructions to navigation, and
prohibited the erection of bridges over navigable waters under State
legislation before the approval of the plans by the Secretary of War,
and prohibited the alteration of channels unless authorized by said
Secretary.
Change of Name
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ``Title 10,
Armed Forces'' which in sections 3010 to 3013 continued Department of
the Army under administrative supervision of Secretary of the Army.
Transfer of Functions
Enforcement functions of Secretary of the Army, Chief of Engineers,
or other official in Corps of Engineers of the United States Army
related to compliance with permits for structures in navigable waters
issued under this section with respect to pre-construction,
construction, and initial operation of transportation system for
Canadian and Alaskan natural gas were transferred to the Federal
Inspector, Office of Federal Inspector for the Alaska Natural Gas
Transportation System, until the first anniversary of date of initial
operation of the Alaska Natural Gas Transportation System, see Reorg.
Plan No. 1 of 1979, Secs. 102(b), 203(a), 44 F.R. 33663, 33666, 93 Stat.
1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5,
Government Organization and Employees. Office of Federal Inspector for
the Alaska Natural Gas Transportation System abolished and functions and
authority vested in Inspector transferred to Secretary of Energy by
section 3012(b) of Pub. L. 102-486, set out as an Abolition of Office of
Federal Inspector note under section 719e of Title 15, Commerce and
Trade.
Functions, powers, and duties of Secretary of the Army and other
offices and officers of Department of the Army under section 401 of this
title to extent that they relate generally to location and clearances of
bridges and causeways in navigable waters of United States transferred
to and vested in Secretary of Transportation by Pub. L. 89-670
Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941. Pub. L. 97-449 amended
section 401 of this title to reflect transfer made by section 6(g)(6)(A)
of Pub. L. 89-670, and repealed section 6(g)(6)(A).
Section Referred to in Other Sections
This section is referred to in sections 27, 59c-3, 59j-1, 59y, 59bb,
59bb-1, 59cc, 59dd, 59ff, 59gg, 59hh, 403b, 406, 412, 413, 418, 426p,
465, 1371, 1503, 2104, 2317 of this title.
