[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR321.2]



[Page 405]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

PART 321_PERMITS FOR DAMS AND DIKES IN NAVIGABLE WATERS OF THE UNITED 

STATES--Table of Contents

 

Sec.  321.2  Definitions.



    For the purpose of this regulation, the following terms are defined:

    (a) The term navigable waters of the United States means those 

waters of the United States that are subject to the ebb and flow of the 

tide shoreward to the mean high water mark and/or are presently used, or 

have been used in the past, or may be susceptible to use to transport 

interstate or foreign commerce. See 33 CFR part 329 for a more complete 

definition of this term.

    (b) The term dike or dam means, for the purposes of section 9, any 

impoundment structure that completely spans a navigable water of the 

United States and that may obstruct interstate waterborne commerce. The 

term does not include a weir. Weirs are regulated pursuant to section 10 

of the Rivers and Harbors Act of 1899. (See 33 CFR part 322.)