Regulations last checked for updates: May 18, 2024

Title 33 - Navigation and Navigable Waters last revised: May 16, 2024
§ 329.5 - General scope of determination.

The several factors which must be examined when making a determination whether a waterbody is a navigable water of the United States are discussed in detail below. Generally, the following conditions must be satisfied:

(a) Past, present, or potential presence of interstate or foreign commerce;

(b) Physical capabilities for use by commerce as in paragraph (a) of this section; and

(c) Defined geographic limits of the waterbody.

authority: 33 U.S.C. 401
source: 51 FR 41251, Nov. 13, 1986, unless otherwise noted.
cite as: 33 CFR 329.5