[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: 33CFR328.4]



[Page 466]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

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

                                 DEFENSE

 

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.