[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: 33CFR329.4]



[Page 467]

 

                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.  329.4  General definition.



    Navigable waters of the United States are those waters that are 

subject to the ebb and flow of the tide and/or are presently used, or 

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

interstate or foreign commerce. A determination of navigability, once 

made, applies laterally over the entire surface of the waterbody, and is 

not extinguished by later actions or events which impede or destroy 

navigable capacity.