33 U.S.C. § 401 : US Code - Section 401: Construction of bridges, causeways, dams or dikes generally; exemptions

Search 33 U.S.C. § 401 : US Code - Section 401: Construction of bridges, causeways, dams or dikes generally; exemptions

It shall not be lawful to construct or commence the construction
of any bridge, causeway, dam, or dike 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 (1) the bridge or causeway shall have been
submitted to and approved by the Secretary of Transportation, or
(2) the dam or dike shall have been submitted to and approved by
the Chief of Engineers and Secretary of the Army. However, such
structures may be built under authority of the legislature of a
State across rivers and other waterways the navigable portions of
which lie wholly within the limits of a single State, provided the
location and plans thereof are submitted to and approved by the
Secretary of Transportation or by the Chief of Engineers and
Secretary of the Army before construction is commenced. When plans
for any bridge or other structure have been approved by the
Secretary of Transportation or by the Chief of Engineers and
Secretary of the Army, it shall not be lawful to deviate from such
plans either before or after completion of the structure unless
modification of said plans has previously been submitted to and
received the approval of the Secretary of Transportation or the
Chief of Engineers and the Secretary of the Army. The approval
required by this section of the location and plans or any
modification of plans of any bridge or causeway does not apply to
any bridge or causeway over waters that are not subject to the ebb
and flow of the tide and that are not used and are not susceptible
to use in their natural condition or by reasonable improvement as a
means to transport interstate or foreign commerce.