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Engineer. Dept (wan)
LAWS FOR THE PROTECTION AND PRESERVATION OF THE NAVIGABLE
WATERS OF THE UNITED STATES.
EXTRACT FROM THE RIVER AND HARBOR ACT
APPROVED MARCH 3, 1899.
Stats. L., vol. 30, pp. 1151-1155,
SEC. 9. That it shall not be lawful to construct or com
of bridges, conmence the construction of any bridge, dam, dike, or cause- sent of Congress way 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 the same shall have been submitted to and approved by the Chief of Engineers and by the Secretary of War: Provided, That such structures may be built under authority Bridges of the legislature of a State across rivers and other water- State legislation. ways the navigable portions of which lie wholly within the limits of a single State, provided the location and plans Plans must be thereof are submitted to and approved by the Chief of construction Engineers and by the Secretary of War before construction begun. is commenced: And provided further, That when plans for any bridge or other structure have been approved by the Chief of Engineers and by the Secretary of War, it shall must be adhered not be lawful to deviate from such plans either before or after completion of the structure unless the modification of said plans has previously been submitted to and received the approval of the Chief of Engineers and of the Secretary of War.
Sec. 10. That the creation of any obstruction not affirm- Creation of obatively authorized by Congress, to the navigable capacity bidden. of any of the waters of the United States is hereby prohibited; and it shall not be lawful to build or commence of wharves, etc! 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 War; and it shall not Alteration 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
etc ,of channels,
Engineers and authorized by the Secretary of War prior
to beginning the same. Harbor lines,
Sec. 11. That where it is made manifest to the Secretary establishment
of War that the establishment of harbor lines is essential to the preservation and protection of harbors he may, and is hereby, 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 reg
ulations as may be prescribed from time to time by him: Compensation Provided, That whenever the Secretary of War grants to displaced
by any person or persons permission to extend piers, wharves, deposits.
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 tide water 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 tide-water channels between high and low water mark,
to such an extent as to create a basin for as much tide water as may be displaced by such structure or by such deposits, or in any other mode that may
be satisfactory to him. Penalties for SEC. 12. That every person and every corporation that violations of three preceding shall violate any of the provisions of sections nine, ten, and section syy las eleven of this Act, or any rule or regulation made by the tion 2 of Act ap- Secretary of War in pursuance of the provisions of the 20, 1900, vol. 31, said section eleven, shall be deemed guilty of a misdep. 31.)
meanor, and on conviction thereof shall be punished by a fine not exceeding twenty-five hundred dollars nor less than five hundred dollars, or by imprisonment (in the case
of a natural person) not exceeding one year, or by both Removal of 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 circuit 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. Deposits of Sec. 13. That it shall not be lawful to throw, discharge,
or deposit, or cause, suffer, or procure to be thrown, discharged, or deposited either from or out of any ship, barge, or other floating craft of any kind, or from the shore, wharf, manufacturing establishment, or mill of any kind, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing therefrom in a liquid state, into any navigable water of the United States, or into any tributary of any navigable water from which the same shall float or be washed into such navigable water; and it shall not be lawful to deposit, or cause, suffer, or procure to be deposited material of any kind in any place on the bank of any navi.
refuse, etc., forbidden.