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33 U.S.C. § 406 — Penalty for wrongful construction of bridges, piers, etc.; removal of structures

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 406 — Penalty for wrongful construction of bridges, piers, etc.; removal of structures

Every person and every corporation that shall violate any of the provisions of sections 401, 403, and 404 of this title or any rule or regulation made by the Secretary of the Army in pursuance of the provisions of [section 404 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section404&num=0&edition=prelim) shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding $2,500 nor less than $500, 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. And further, the removal of any structures or parts of structures erected in violation of the provisions of the said sections may be enforced by the injunction of any district court exercising jurisdiction in any district in which such structures may exist, and proper proceedings to this end may be instituted under the direction of the Attorney General of the United States.

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Source file: Laws/federal/codes/united-states-code/title-33/section-406-penalty-for-wrongful-construction-of-bridges-piers-etc-removal-of-struct--85634ca64f.md
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Source location: Title 33, Chapter 9, § 406; chapter-009-protection-of-navigable-waters-and-of-harbor-and-river-improvements-generally.md

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 401 — Construction of bridges, causeways, dams or dikes generally; exemptions

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

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 404 — Establishment of harbor lines; conditions to grants for extension of piers, etc.

Where it is made manifest to the Secretary of the Army that the establishment of harbor lines is essential to the preservation and protection of harbors he may, and is, authorized to cause such lines to be established, beyond which no piers, wharves, bulkheads, or other works shall be extended or deposits made, except under such regulations as may be prescribed from time to time by him: Provided, That, whenever the Secretary of the Army grants to any person or persons permission to extend piers, wharves, bulkheads, or other works, or to make deposits in any tidal harbor or river of the United States beyond any harbor lines established under authority of the United States, he shall cause to be ascertained the amount of tidewater displaced by any such structure or by any such deposits, and he shall, if he deem it necessary, require the parties to whom the permission is given to make compensation for such displacement either by excavating in some part of the harbor, including tidewater channels between high and low water mark, to such an extent as to create a basin for as much tidewater as may be displaced by such structure or by such deposits, or in any other mode that may be satisfactory to him.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 406 — Penalty for wrongful construction of

Page 48 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 403b CODIFICATION Text of section, which was previously omitted from the Code, was restored in view of conflicting court deci- sions as to whether or not section had been repealed or superseded. See eg. United States v. Wishkah Boom Co., 136 F. 42 (9th Cir. 1905), (appeal dismissed [1906] 202 U.S. 613); United States v. Wilson, 235 F.2d 251 (2d Cir. 1956). § 403b. Lighting at docks and boat launching fa- cilities Whenever the Secretary considers a permit ap- plication for a dock or a boat launching facility under section 403 of this title, the Secretary shall consider the needs of such facility for lighting from sunset to sunrise to make such fa- cility’s presence known within a reasonable dis- tance. (Pub. L. 99–662, title IX, § 946, Nov. 17, 1986, 100 Stat. 4200.) Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2201 of this title. § 404. Establishment of harbor lines; conditions to grants for extension of piers, etc. Where it is made manifest to the Secretary of the Army that the establishment of harbor lines is essential to the preservation and protection of harbors he may, and is, authorized to cause such lines to be established, beyond which no piers, wharves, bulkheads, or other works shall be ex- tended or deposits made, except under such reg- ulations as may be prescribed from time to time by him: Provided, That, whenever the Secretary of the Army grants to any person or persons per- mission to extend piers, wharves, bulkheads, or other works, or to make deposits in any tidal harbor or river of the United States beyond any harbor lines established under authority of the United States, he shall cause to be ascerta

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