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LegalText 33 U.S.C. § 406 Penalty for wrongful construction of bridges, piers, etc.; removal of structures us united_states_code code_section 33 NAVIGATION AND NAVIGABLE WATERS 9 PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY 406 33 U.S.C. § 406 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc33@119-100.zip /us/usc/t33/s406 data/legal/raw/us/code/title-33/usc33.xml a904a041cfbfe0989b1af604a281cc21a326337be8bea6558718111441c755e1 de3d130b31eae77f8c0fc593f61b7287899297718d678d500eea123559828523 aa9c3d7b83160c0c459b2b420fa5f1887fb3f250c9157a0bbd4952ebd68855ea 2026-07-04 official
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33 U.S.C. § 406 - Penalty for wrongful construction of bridges, piers, etc.; removal of structures

Text

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

(Mar. 3, 1899, ch. 425, § 12, 30 Stat. 1151; Feb. 20, 1900, ch. 23, § 2, 31 Stat. 32; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)

Notes

Editorial Notes

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

Amendments1911—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. 89670, § 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department of Transportation. Pub. L. 97449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89670, and repealed section 6(g)(6)(A).