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33 U.S.C. § 403aCreation or continuance of obstruction of navigable waters

submitted 136 years ago by ch. 907 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 221 words · no verdicts yet

in plain englishAI-generated · not legal advice

It is illegal to create an obstruction in navigable U.S. waters without specific legal authorization. Keeping an existing illegal obstruction there is a crime, and each week it stays counts as a separate offense. Violators can be fined up to $5,000 or jailed up to a year, or both.

This section prohibits creating any obstruction to the navigable capacity of any waters where the United States has jurisdiction, unless a law specifically authorizes it. Keeping such an obstruction in place — other than bridges, piers, docks, wharves, and similar structures built for business purposes — is illegal, whether the obstruction was created before or after this law, and each week it continues is treated as a separate offense. Any person or corporation that creates or continues an unlawful obstruction described in this law, or that violates the other navigation provisions referenced in it, is guilty of a misdemeanor. On conviction, the penalty is a fine of up to $5,000, and — for a natural person — up to a year in prison, or both, at the court's discretion. A federal district court with jurisdiction where the obstruction is threatened or exists can also issue an injunction to prevent or remove it, in proper equity proceedings brought under the direction of the Attorney General of the United States.
the actual law source: uscode.house.gov ↗public domain

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 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.

Source credit: (Sept. 19, 1890, ch. 907, § 10, 26 Stat. 454; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167.)

history & why it existsrecord from the source credit
  • 1890Enacted · Act of Sept. 19, 1890, ch. 907 · 26 Stat. 454
  • 1911Amended · Act of Mar. 3, 1911, ch. 231 · 36 Stat. 1167

A history note hasn’t been published yet. The record shows enactment by ch. 907 on 1890-09-19.

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