[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: 33CFR329.11]



[Page 469-470]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

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

                                 DEFENSE

 

PART 329_DEFINITION OF NAVIGABLE WATERS OF THE UNITED STATES--Table of 

Contents

 

Sec.  329.11  Geographic and jurisdictional limits of rivers and lakes.



    (a) Jurisdiction over entire bed. Federal regulatory jurisdiction, 

and powers of improvement for navigation, extend laterally to the entire 

water surface and bed of a navigable waterbody, which includes all the 

land and waters below the ordinary high water mark. Jurisdiction thus 

extends to the edge (as determined above) of all such waterbodies, even 

though portions of the waterbody may be extremely shallow, or obstructed 

by shoals, vegetation or other barriers. Marshlands and similar areas 

are thus considered navigable in law, but only so far as the area is 

subject to inundation by the ordinary high waters.

    (1) The ``ordinary high water mark'' on non-tidal rivers is the line 

on the



[[Page 470]]



shore established by the fluctuations of water and indicated by physical 

characteristics such as a clear, natural line impressed on the bank; 

shelving; changes in the character of soil; destruction of terrestrial 

vegetation; the presence of litter and debris; or other appropriate 

means that consider the characteristics of the surrounding areas.

    (2) Ownership of a river or lake bed or of the lands between high 

and low water marks will vary according to state law; however, private 

ownership of the underlying lands has no bearing on the existence or 

extent of the dominant Federal jurisdiction over a navigable waterbody.

    (b) Upper limit of navigability. The character of a river will, at 

some point along its length, change from navigable to non-navigable. 

Very often that point will be at a major fall or rapids, or other place 

where there is a marked decrease in the navigable capacity of the river. 

The upper limit will therefore often be the same point traditionally 

recognized as the head of navigation, but may, under some of the tests 

described above, be at some point yet farther upstream.