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:
- (a)Location of the obstruction in relation to the navigable channel and other navigational traffic patterns;
- (b)Navigational difficulty in the vicinity of the obstruction;
- (c)Depth of water over the obstruction, fluctuation of the water level, and other hydrologic characteristics in the area;
- (d)Draft, type, and density of vessel traffic or other marine activity in the vicinity of the obstruction;
- (e)Physical characteristics of the obstruction;
- (f)Possible movement of the obstruction;
- (g)Location of the obstruction in relation to other obstructions or aids to navigation;
- (h)Prevailing and historical weather conditions;
- (i)Length of time that the obstruction has been in existence;
- (j)History of vessel incidents involving the obstruction; and
- (k)Whether the obstruction is defined as a hazard to navigation under other statutes or regulations.