StacksVerified U.S. regulatory reference

33 CFR §64.31

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov
In determining whether an obstruction is a hazard to navigation for the purposes of marking, the District Commander considers, but is not limited to, the following factors:
  1. (a)Location of the obstruction in relation to the navigable channel and other navigational traffic patterns;
  2. (b)Navigational difficulty in the vicinity of the obstruction;
  3. (c)Depth of water over the obstruction, fluctuation of the water level, and other hydrologic characteristics in the area;
  4. (d)Draft, type, and density of vessel traffic or other marine activity in the vicinity of the obstruction;
  5. (e)Physical characteristics of the obstruction;
  6. (f)Possible movement of the obstruction;
  7. (g)Location of the obstruction in relation to other obstructions or aids to navigation;
  8. (h)Prevailing and historical weather conditions;
  9. (i)Length of time that the obstruction has been in existence;
  10. (j)History of vessel incidents involving the obstruction; and
  11. (k)Whether the obstruction is defined as a hazard to navigation under other statutes or regulations.