§406 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Anyone — a person or a company — who breaks the rules in sections 401, 403, or 404 or rules made by the Secretary of the Army under section 404 is guilty of a misdemeanor. If found guilty, they can be fined $500 to $2,500, or a person (not a company) can be jailed up to one year, or both, as the court decides. Courts can also order the removal of any structures or parts built in violation. The Attorney General can start those court actions in the district where the structure is located.

Title 33, §406

Navigation and Navigable Waters — Source: USLM XML via OLRC

Every person and every corporation that shall violate any of the provisions of section 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 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.

Notes & Related Subsidiaries

Editorial Notes

Codification Section is from act Mar. 3, 1899, popularly known as the “Rivers and Harbors Appropriation Act of 1899”.

Amendments

1911—Act Mar. 3, 1911, transferred to the District Courts the

Enforcement

powers formerly lodged in the Circuit Courts. 1900—Act Feb. 20, 1900, substituted “section eleven” for “section fourteen” where first appearing, which for codification purposes, was translated as “section 404 of this title”.

Statutory Notes and Related Subsidiaries

Change of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act

July 26, 1947, ch. 343, title II, 61 Stat. 501. section 205(a) of act

July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. section 1 of act Aug. 10, 1956, 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

Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title 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 Pub. L. 89–670, § 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department of Transportation. Pub. L. 97–449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89–670, and repealed section 6(g)(6)(A).

§406 Penalty for Wrongful Construction of Bridges, Piers, Etc.; Removal of Structures