Regulations last checked for updates: Sep 20, 2024

Title 33 - Navigation and Navigable Waters last revised: Sep 18, 2024
§ 329.10 - Existence of obstructions.

A stream may be navigable despite the existence of falls, rapids, sand bars, bridges, portages, shifting currents, or similar obstructions. Thus, a waterway in its original condition might have had substantial obstructions which were overcome by frontier boats and/or portages, and nevertheless be a “channel” of commerce, even though boats had to be removed from the water in some stretches, or logs be brought around an obstruction by means of artificial chutes. However, the question is ultimately a matter of degree, and it must be recognized that there is some point beyond which navigability could not be established.

authority: 33 U.S.C. 401
source: 51 FR 41251, Nov. 13, 1986, unless otherwise noted.
cite as: 33 CFR 329.10