§ 494. — Obstruction of navigation; alterations and removals; lights and signals; draws.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC494]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 11--BRIDGES OVER NAVIGABLE WATERS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 494. Obstruction of navigation; alterations and removals;
lights and signals; draws
No bridge erected or maintained under the provisions of sections 491
to 498 of this title, shall at any time unreasonably obstruct the free
navigation of the waters over which it is constructed, and if any bridge
erected in accordance with the provisions of said sections, shall, in
the opinion of the Secretary of Transportation at any time unreasonably
obstruct such navigation, either on account of insufficient height,
width of span, or otherwise, or if there be difficulty in passing the
draw opening or the drawspan of such bridge by rafts, steamboats, or
other water craft, it shall be the duty of the Secretary of
Transportation after giving the parties interested reasonable
opportunity to be heard, to notify the persons owning or controlling
such bridge to so alter the same as to render navigation through or
under it reasonably free, easy, and unobstructed, stating in such notice
the changes required to be made, and prescribing in each case a
reasonable time in which to make such changes, and if at the end of the
time so specified the changes so required have not been made, the
persons owning or controlling such bridge shall be deemed guilty of a
violation of said sections; and all such alterations shall be made and
all such obstructions shall be removed at the expense of the persons
owning or operating said bridge. The persons owning or operating any
such bridge shall maintain, at their own expense, such lights and other
signals thereon as the Commandant of the Coast Guard shall prescribe. If
the bridge shall be constructed with a draw, then the draw shall be
opened promptly by the persons owning or operating such bridge upon
reasonable signal for the passage of boats and other water craft.
(Mar. 23, 1906, ch. 1130, Sec. 4, 34 Stat. 85; Mar. 4, 1913, ch. 141,
Sec. 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, Secs. 101-104, eff. July
16, 1946, 11 F.R. 7875, 60 Stat. 1097; Pub. L. 97-449, Sec. 2(d)(1),
Jan. 12, 1983, 96 Stat. 2440; Pub. L. 100-17, title I, Sec. 135(a), Apr.
2, 1987, 101 Stat. 173.)
Prior Provisions
Act July 5, 1884, ch. 229, Sec. 8, 23 Stat. 148, relating to
authority of Secretary of War to require owners of bridges which
obstruct navigation to relieve the situation or be penalized, was
probably omitted from the Code as superseded by this section and section
495 of this title, which by section 498b of this title were made
applicable to bridges authorized prior to March 23, 1906.
Section would seem to supersede a provision of act Aug. 7, 1882, ch.
433, Sec. 1, 22 Stat. 309, which read as follows: ``That all parties
owning, occupying, or operating bridges over any navigable river shall
maintain at their own expense, from sunset to sunrise, throughout the
year, such lights on their bridges as may be required by the Light-House
Board for the security of navigation: and in addition thereto all
persons owning, occupying, or operating any bridge over any navigable
river shall, in any event, maintain all lights on their bridge that may
be necessary for the security of navigation.''
Amendments
1987--Pub. L. 100-17 struck out last sentence relating to tolls.
1983--Pub. L. 97-449 substituted ``Secretary of Transportation'' for
``Secretary of War'' wherever appearing. See Transfer of Functions note
below.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Functions, powers, and duties of Secretary of the Army [formerly
War] and other offices and officers of Department of the Army [formerly
War] relating to reasonableness of tolls and to location and clearances
of bridges and causeways in navigable waters of United States under this
section transferred to and vested in Secretary of Transportation by
section 6(g)(4)(A), (6)(B) of Pub. L. 89-670. Pub. L. 97-449 amended
this section to reflect transfer made by section 6(g)(4)(A), (6)(B) of
Pub. L. 89-670, and repealed section 6(g)(4)(A), (6)(B).
Coast Guard transferred to Department of Transportation, and
functions, powers, and duties relating to Coast Guard of Secretary of
the Treasury and of other officers and offices of Department of the
Treasury transferred to Secretary of Transportation by Pub. L. 89-670,
Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L.
89-670, however, provided that notwithstanding such transfer of
functions, Coast Guard shall operate as part of Navy in time of war or
when the President directs as provided in section 3 of Title 14, Coast
Guard. See section 108 of Title 49, Transportation.
For transfer of functions of other officers, employees, and agencies
of Department of the Treasury, with certain exceptions, to Secretary of
the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950,
Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set
out in the Appendix to Title 5, Government Organization and Employees.
Functions of Coast Guard, and Commandant of Coast Guard, excepted from
transfer when Coast Guard is operating as part of Navy under sections 1
and 3 of Title 14, Coast Guard.
``Commandant of the Coast Guard'' substituted in text for
``Secretary of Commerce'' on authority of Reorg. Plan No. 3 of 1946,
Secs. 101 to 104, set out in the Appendix to Title 5, Government
Organization and Employees.
Secretary of Commerce and Labor redesignated Secretary of Labor by
act Mar. 4, 1913, which enacted Department of Labor.
Connecticut River Bridges
Acts Aug. 7, 1939, ch. 503, 53 Stat. 1234, and Apr. 24, 1946, ch.
214, 60 Stat. 122, were amended by act Aug. 9, 1955, ch. 631, 69 Stat.
552, to provide that the last sentence of this section should not be
applicable to bridges constructed pursuant to acts Aug. 7, 1939 and Apr.
24, 1946.
Section Referred to in Other Sections
This section is referred to in sections 491, 492, 493, 495, 497,
498, 508, 522, 530, 535 of this title.
