Federal · Title 33 — Navigation and Navigable Waters
33 U.S.C. § 403: Obstruction of navigable waters generally; wharves; piers, etc.; excavations and filling in
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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. To the maximum extent practicable, during the 5-year period beginning on the date of enactment of this Act [ Dec. 27, 2020 ], the Secretary [of the Army] shall prioritize and expedite the processing of applications for permits under section 10 of the Act of March 3, 1899 ( 33 U.S.C. 403 ), and section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ), and permissions under section 14 of the Act of March 3, 1899 ( 33 U.S.C. 408 ), 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. the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq.); and the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.).”
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