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Title 33, Navigation and Navigable WatersRelease 119-110

§495 Violations of Orders Respecting Bridges and Accessory Works

Title 33 › CHAPTER 11 — BRIDGES OVER NAVIGABLE WATERS › SUBCHAPTER I — GENERAL PROVISIONS › § 495

Last updated Sep 22, 2026|Official source

Summary

Willfully disobeying a lawful order from the Secretary in charge of the Coast Guard or the Chief of Engineers under the listed bridge rules is a crime. A person who does so is guilty of a misdemeanor and can be fined up to $5,000. Each month they stay in default counts as a new offense with more penalties. If bridge owners or controllers refuse to follow orders, the Secretary or Chief of Engineers can have the bridge or related work removed at the owner’s cost and the United States can sue to recover those costs. Courts can also order removal by injunction, mandamus, or other quick court action, and the Attorney General can bring such suits at the Secretary’s request. Cases about navigation obstructions can be tried in any federal district that the obstruction touches. Breaking the same rules can also lead to a civil fine of up to $25,000 for violations in 2008 and later. Each day is a separate violation. No civil penalty can be assessed without notice and a chance for a hearing. The Coast Guard Secretary can assess and collect these fines and may reduce or cancel them until the case goes to the Attorney General. If a assessed penalty is not paid, the United States may sue in the federal district court where the violation happened.

Full Legal Text

Title 33, §495

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Criminal penalties for violation; misdemeanor; fine; new offenses; jurisdiction: suits for recovery of removal expenses, enforcement of removal, and obstruction-to-navigation causes or questions
Any persons who shall willfully fail or refuse to comply with the lawful order of the Secretary of the department in which the Coast Guard is operating or the Chief of Engineers, made in accordance with the provisions of sections 491 to 494 and 495 to 498 of this title, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished in any court of competent jurisdiction by a fine not exceeding $5,000, and every month such persons shall remain in default shall be deemed a new offense and subject such persons to additional penalties therefor; and in addition to the penalties above described the Secretary of the department in which the Coast Guard is operating and the Chief of Engineers may, upon refusal of the persons owning or controlling any such bridge and accessory works to comply with any lawful order issued by the Secretary of the department in which the Coast Guard is operating or Chief of Engineers in regard thereto, cause the removal of such bridge and accessory works at the expense of the persons owning or controlling such bridge, and suit for such expense may be brought in the name of the United States against such persons, and recovery had for such expense in any court of competent jurisdiction; and the removal of any structures erected or maintained in violation of the provisions of said sections or the order or direction of the Secretary of the department in which the Coast Guard is operating or Chief of Engineers made in pursuance thereof may be enforced by injunction, mandamus, or other summary process, upon application to the district court in the district in which such structure may, in whole or in part, exist, and proper proceedings to this end may be instituted under the direction of the Attorney General of the United States at the request of the Secretary of the department in which the Coast Guard is operating; and in case of any litigation arising from any obstruction or alleged obstruction to navigation created by the construction of any bridge under said sections, the cause or question arising may be tried before the district court of the United States in any district which any portion of said obstruction or bridge touches.
(b)Civil penalties for violation; separate offenses; notice and hearing; assessment, collection, and remission; civil actions
Whoever violates any provision of sections 491 to 494 and 495 to 498 of this title, or any order issued under sections 491 to 494 and 495 to 498 of this title, shall be liable to a civil penalty of not more than $25,000 for a violation occurring in 2008 and any year thereafter. Each day a violation continues shall be deemed a separate offense. No penalty may be assessed under this subsection until the person charged is given notice and an opportunity for a hearing on the charge. The Secretary of the department in which the Coast Guard is operating may assess and collect any civil penalty incurred under this subsection and, in his discretion, may remit, mitigate, or compromise any penalty until the matter is referred to the Attorney General. If a person against whom a civil penalty is assessed under this subsection fails to pay that penalty, an action may be commenced in the district court of the United States for any district in which the violation occurs for such penalty.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification The words “district court” were substituted for “circuit court,” upon incorporation into the Code, the Circuit Courts being abolished by act Mar. 3, 1911, and their powers and duties transferred to the district courts by section 291 of that act.

Amendments

2018—Subsec. (b). Pub. L. 115–232 struck out “$5,000 for a violation occurring in 2004; $10,000 for a violation occurring in 2005; $15,000 for a violation occurring in 2006; $20,000 for a violation occurring in 2007; and” after “civil penalty of not more than”. 2016—Pub. L. 114–120 substituted “Secretary of the department in which the Coast Guard is operating” for “Secretary of Transportation” wherever appearing. 2004—Subsec. (b). Pub. L. 108–293 substituted “$5,000 for a violation occurring in 2004; $10,000 for a violation occurring in 2005; $15,000 for a violation occurring in 2006; $20,000 for a violation occurring in 2007; and $25,000 for a violation occurring in 2008 and any year thereafter” for “$1,000”. 1983—Subsec. (a). Pub. L. 97–449 substituted “Secretary of Transportation” for “Secretary of War” wherever appearing. See

Transfer of Functions

note below. 1982—Subsec. (a). Pub. L. 97–322, § 108(c)(1)–(3), designated existing provisions as subsec. (a), provided for punishment of persons who shall “willfully” fail to comply with lawful orders, and struck out “shall be deemed guilty of a violation of said sections, and any persons who shall be guilty of a violation of said sections” before “shall be deemed guilty of a misdemeanor”. Subsec. (b). Pub. L. 97–322, § 108(c)(4), added subsec. (b).

Statutory Notes and Related Subsidiaries

Transfer of Functions

Functions, powers, and duties of Secretary of the Army [formerly War] and other offices and officers of Department the Army [formerly War] under this section 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)(B), Oct. 15, 1966, 80 Stat. 941. Pub. L. 97–449 amended this section to reflect transfer made by section 6(g)(6)(B) of Pub. L. 89–670, and repealed section 6(g)(6)(B).

Reference

Citations & Metadata

Citation

33 U.S.C. § 495

Title 33, Navigation and Navigable Waters

Last Updated

Sep 22, 2026

Release point: 119-110