[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR328.4]

[Page 457]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 328--DEFINITION OF WATERS OF THE UNITED STATES--Table of Contents
 
Sec. 328.4  Limits of jurisdiction.

    (a) Territorial Seas. The limit of jurisdiction in the territorial 
seas is measured from the baseline in a seaward direction a distance of 
three nautical miles. (See 33 CFR 329.12)
    (b) Tidal Waters of the United States. The landward limits of 
jurisdiction in tidal waters:
    (1) Extends to the high tide line, or
    (2) When adjacent non-tidal waters of the United States are present, 
the jurisdiction extends to the limits identified in paragraph (c) of 
this section.
    (c) Non-Tidal Waters of the United States. The limits of 
jurisdiction in non-tidal waters:
    (1) In the absence of adjacent wetlands, the jurisdiction extends to 
the ordinary high water mark, or
    (2) When adjacent wetlands are present, the jurisdiction extends 
beyond the ordinary high water mark to the limit of the adjacent 
wetlands.
    (3) When the water of the United States consists only of wetlands 
the jurisdiction extends to the limit of the wetland.