[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: 33CFR329.12]



[Page 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.  329.12  Geographic and jurisdictional limits of oceanic and tidal 

waters.



    (a) Ocean and coastal waters. The navigable waters of the United 

States over which Corps of Engineers regulatory jurisdiction extends 

include all ocean and coastal waters within a zone three geographic 

(nautical) miles seaward from the baseline (The Territorial Seas). Wider 

zones are recognized for special regulatory powers exercised over the 

outer continental shelf. (See 33 CFR 322.3(b)).

    (1) Baseline defined. Generally, where the shore directly contacts 

the open sea, the line on the shore reached by the ordinary low tides 

comprises the baseline from which the distance of three geographic miles 

is measured. The baseline has significance for both domestic and 

international law and is subject to precise definitions. Special 

problems arise when offshore rocks, islands, or other bodies exist, and 

the baseline may have to be drawn seaward of such bodies.

    (2) Shoreward limit of jurisdiction. Regulatory jurisdiction in 

coastal areas extends to the line on the shore reached by the plane of 

the mean (average) high water. Where precise determination of the actual 

location of the line becomes necessary, it must be established by survey 

with reference to the available tidal datum, preferably averaged over a 

period of 18.6 years. Less precise methods, such as observation of the 

``apparent shoreline'' which is determined by reference to physical 

markings, lines of vegetation, or changes in type of vegetation, may be 

used only where an estimate is needed of the line reached by the mean 

high water.

    (b) Bays and estuaries. Regulatory jurisdiction extends to the 

entire surface and bed of all waterbodies subject to tidal action. 

Jurisdiction thus extends to the edge (as determined by paragraph (a)(2) 

of this section) 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 mean high waters. The relevant test is therefore the 

presence of the mean high tidal waters, and not the general test 

described above, which generally applies to inland rivers and lakes.