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33 U.S.C. § 403Obstruction of navigable waters generally; wharves; piers, etc.; excavations and filling in

submitted 127 years ago by ch. 425 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 174 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law protects navigable U.S. waters from unauthorized changes. No one may build a wharf, pier, or similar structure in these waters without Army Corps approval. No one may dig, fill, or alter these waters without government approval.

This section protects the nation's navigable waters from unauthorized obstruction, building, and alteration. It works in three parts. First, it bans creating any obstruction to the navigable capacity of United States waters, unless Congress has specifically authorized it. Second, it bans building or starting to build any wharf, pier, dolphin, boom, breakwater, bulkhead, jetty, or other structure in any port, roadstead, haven, harbor, canal, navigable river, or other U.S. water. This ban applies outside established harbor lines, or anywhere harbor lines haven't been set. The only way around the ban is to follow plans that the Chief of Engineers has recommended and the Secretary of the Army has authorized. Third, it bans excavating, filling, or otherwise changing the course, location, condition, or capacity of any port, roadstead, haven, harbor, canal, lake, harbor of refuge, or the area enclosed by any breakwater, or the channel of any navigable U.S. water. As with building structures, this work is only allowed if the Chief of Engineers recommended it and the Secretary of the Army authorized it before the work began.
the actual law source: uscode.house.gov ↗public domain

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 of 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.

Source credit: (Mar. 3, 1899, ch. 425, § 10, 30 Stat. 1151; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)

history & why it existsrecord from the source credit
  • 1899Enacted · Act of Mar. 3, 1899, ch. 425 · 30 Stat. 1151
  • 1947Amended · Act of July 26, 1947, ch. 343 · 61 Stat. 501

A history note hasn’t been published yet. The record shows enactment by ch. 425 on 1899-03-03.

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