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

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.

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

Editorial Notes

Codification

Mar. 3, 1899section 401 of this title act Sept. 19, 1890, ch. 907, § 7 26 Stat. 454 act July 13, 1892, ch. 158, § 3 27 Stat. 88Section is from act , popularly known as the “Rivers and Harbors Appropriation Act of 1899”, and together with effectively superseded , , as amended generally by , , which prohibited the erection of obstructions to navigation, and prohibited the erection of bridges over navigable waters under State legislation before the approval of the plans by the Secretary of War, and prohibited the alteration of channels unless authorized by that Secretary.

Statutory Notes and Related Subsidiaries

Change of Name

act July 26, 1947, ch. 343, title II 61 Stat. 501July 26, 1947act Aug. 10, 1956, ch. 1041 70A Stat. 641Aug. 10, 1956Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of , . Section 205(a) of act , was repealed by section 53 of , . Section 1 of act , enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.

Transfer of Functions

section 401 of this title Pub. L. 89–670Oct. 15, 196680 Stat. 941 Pub. L. 97–449 section 401 of this title section 6(g)(6)(A) of Pub. L. 89–670Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by § 6(g)(6)(A), , . amended to reflect transfer made by , and repealed section 6(g)(6)(A).

Expediting Repairs and Recovery From Flooding

Pub. L. 116–260, div. AA, title I, § 122Dec. 27, 2020134 Stat. 2635

“(a)

In General .—

Dec. 27, 2020section 10 of the Act of March 3, 1899 33 U.S.C. 403 33 U.S.C. 1344 section 14 of the Act of March 3, 1899 33 U.S.C. 408To the maximum extent practicable, during the 5-year period beginning on the date of enactment of this Act [], the Secretary [of the Army] shall prioritize and expedite the processing of applications for permits under (), and section 404 of the Federal Water Pollution Control Act (), and permissions under (), to complete repairs, reconstruction (including improvements), and upgrades to flood control infrastructure damaged by flooding events during calendar years 2017 through 2020, including flooding events caused by ice jams.

“(b)

Savings Provision .—

Nothing in this section affects any obligation to comply with the requirements of any Federal law, including—

“(1)

42 U.S.C. 4321 the National Environmental Policy Act of 1969 ( et seq.);

“(2)

33 U.S.C. 1251 the Federal Water Pollution Control Act ( et seq.); and

“(3)

16 U.S.C. 1531 the Endangered Species Act of 1973 ( et seq.).”

, , , provided that:

Executive Documents

Transfer of Functions

93 Stat. 1373July 1, 1979section 3012(b) of Pub. L. 102–486 section 719e of Title 15 section 720d(f) of Title 15Enforcement functions of Secretary of the Army, Chief of Engineers, or other official in Corps of Engineers of the United States Army related to compliance with permits for structures in navigable waters issued under this section with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas were transferred to the Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, until the first anniversary of date of initial operation of the Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(b), 203(a), 44 F.R. 33663, 33666, , 1376, effective , set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by , set out as an Abolition of Office of Federal Inspector note under , Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by .