33 U.S.C. § 401 — Construction of bridges, causeways, dams or dikes generally; exemptions
submitted 127 years ago by ch. 425 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 339 words · no verdicts yet
No one may build or start building a bridge, causeway, dam, or dike over navigable U.S. waters without Congress's consent and approved plans. Bridges and causeways need approval from the Secretary overseeing the Coast Guard; dams and dikes need approval from the Army's Chief of Engineers and Secretary. States may authorize such structures on rivers lying entirely within one state if the plans are approved first, and no one may deviate from approved plans without further approval. The approval rule does not apply to non-tidal waters that are not, and could not reasonably become, useful for interstate or foreign commerce.
It is against the law to build, or begin building, any bridge, causeway, dam, or dike over or in a U.S. port, roadstead, haven, harbor, canal, navigable river, or other navigable water. Two things must happen first: Congress must consent to the structure, and its plans must be approved. Bridge or causeway plans go to the Secretary of the department that oversees the Coast Guard. Dam or dike plans go to the Chief of Engineers and the Secretary of the Army.
There is an exception. A state's legislature may authorize these structures across rivers and waterways whose navigable parts lie entirely within that one state. But the location and plans must still be submitted to, and approved by, the Secretary overseeing the Coast Guard (for bridges and causeways) or the Chief of Engineers and Secretary of the Army (for dams and dikes) before construction begins.
Once plans are approved, no one may deviate from them — either before or after the structure is finished — unless the modified plans are separately submitted and approved by the same officials.
This section's approval requirement does not apply to bridges or causeways over waters that are not affected by the tide's rise and fall, and that are not used, and could not reasonably be used or improved, to carry interstate or foreign commerce.
It shall not be lawful to construct or commence the construction of any bridge, causeway, dam, or dike over or in any port, roadstead, haven, harbor, canal, navigable river, or other navigable water of the United States until the consent of Congress to the building of such structures shall have been obtained and until the plans for (1) the bridge or causeway shall have been submitted to and approved by the Secretary of the department in which the Coast Guard is operating, or (2) the dam or dike shall have been submitted to and approved by the Chief of Engineers and Secretary of the Army. However, such structures may be built under authority of the legislature of a State across rivers and other waterways the navigable portions of which lie wholly within the limits of a single State, provided the location and plans thereof are submitted to and approved by the Secretary of the department in which the Coast Guard is operating or by the Chief of Engineers and Secretary of the Army before construction is commenced. When plans for any bridge or other structure have been approved by the Secretary of the department in which the Coast Guard is operating or by the Chief of Engineers and Secretary of the Army, it shall not be lawful to deviate from such plans either before or after completion of the structure unless modification of said plans has previously been submitted to and received the approval of the Secretary of the department in which the Coast Guard is operating or the Chief of Engineers and the Secretary of the Army. The approval required by this section of the location and plans or any modification of plans of any bridge or causeway does not apply to any bridge or causeway over waters that are not subject to the ebb and flow of the tide and that are not used and are not susceptible to use in their natural condition or by reasonable improvement as a means to transport interstate or foreign commerce.
Source credit: (Mar. 3, 1899, ch. 425, § 9, 30 Stat. 1151; Pub. L. 97–322, title I, § 107(b), Oct. 15, 1982, 96 Stat. 1582; Pub. L. 97–449, § 2(f), Jan. 12, 1983, 96 Stat. 2440; Pub. L. 114–120, title III, § 306(b)(1)(A), Feb. 8, 2016, 130 Stat. 55.)
- 1899Enacted · Act of Mar. 3, 1899, ch. 425 · 30 Stat. 1151
- 1982Amended · Pub. L. 97-322 · 96 Stat. 1582
- 1983Amended · Pub. L. 97-449 · 96 Stat. 2440
- 2016Amended · Pub. L. 114-120 · 130 Stat. 55
A history note hasn’t been published yet. The record shows enactment by ch. 425 on 1899-03-03.
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