33 CFR 329.11 - Geographic and jurisdictional limits of rivers and lakes.

§ 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 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.

Title 33 published on 2013-07-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 33 - NAVIGATION AND NAVIGABLE WATERS

§ 401 - Construction of bridges, causeways, dams or dikes generally; exemptions

§ 402 - Construction of bridges, etc., over Illinois and Mississippi Canal

§ 403 - Obstruction of navigable waters generally; wharves; piers, etc.; excavations and filling in

§ 403a - Creation or continuance of obstruction of navigable waters

§ 403b - Lighting at docks and boat launching facilities

§ 404 - Establishment of harbor lines; conditions to grants for extension of piers, etc.

§ 405 - Establishment and modification of harbor lines on Potomac and Anacostia Rivers

§ 406 - Penalty for wrongful construction of bridges, piers, etc.; removal of structures

§ 407 - Deposit of refuse in navigable waters generally

§ 407a - Deposit of debris of mines and stamp works

§ 408 - Taking possession of, use of, or injury to harbor or river improvements

§ 409 - Obstruction of navigable waters by vessels; floating timber; marking and removal of sunken vessels

§ 410 - Exception as to floating loose timber, sack rafts, etc.; violation of regulations; penalty

§ 411 - Penalty for wrongful deposit of refuse; use of or injury to harbor improvements, and obstruction of navigable waters generally

§ 412 - Liability of masters, pilots, etc., and of vessels engaged in violations

§ 413 - Duty of United States attorneys and other Federal officers in enforcement of provisions; arrest of offenders

§ 414 - Removal by Secretary of the Army of sunken water craft generally; liability of owner, lessee, or operator

§ 415 - Summary removal of water craft obstructing navigation; liability of owner, lessee, or operator

§ 416 - Appropriations for removal of sunken water craft

§ 417 - Expenses of investigations by Department of the Army

§ 418 - Provisions for protection of New York Harbor unaffected

§ 419 - Regulation by Secretary governing transportation and dumping of dredgings, refuse, etc., into navigable waters; oyster lands; appropriations

§ 419a - Management practices to extend capacity and useful life of dredged material disposal areas

§ 420 - Piers and cribs on Mississippi and St. Croix Rivers

§ 421 - Deposit of refuse, etc., in Lake Michigan near Chicago

§ 422 - Modification and extension of harbor lines at Chicago

§ 423 - Establishment of pierhead and bulkhead lines in Wilmington Harbor, California

§ 424 - Establishment of pierhead or bulkhead lines in Newport Harbor, California

§ 424a - Modification of harbor lines in Newport Harbor, California

§ 425 - Omitted

§ 426 - Investigations concerning erosion of shores of coastal and lake waters

33 U.S. Code § 426–1 - Coastal Engineering Research Center; establishment; powers and functions

33 U.S. Code § 426–2 - Board on Coastal Engineering Research

33 U.S. Code § 426–3 - Transfer of functions of Beach Erosion Board

§ 426a - Additional investigations concerning erosion of shores of coastal and lake waters; payment of costs; “shores” defined

§ 426b - Applicability of existing laws; projects referred to Board of Engineers for Rivers and Harbors

§ 426c - Report by Coastal Engineering Research Center

§ 426d - Payment of expenses

§ 426e - Federal aid in protection of shores

33 U.S. Code § 426e–1 - Shore protection projects

§ 426f - Reimbursements

§ 426g - Storm and hurricane restoration and impact minimization program

33 U.S. Code § 426g–1 - State and regional plans

§ 426h - Repealed.

33 U.S. Code § 426h–1 - Definitions

§ 426i - Shore damage prevention or mitigation

33 U.S. Code § 426i–1 - Construction of shoreline protection projects by non-Federal interests

33 U.S. Code § 426i–2 - National coastal data bank

§ 426j - Repealed.

§ 426k - Five year demonstration program to temporarily increase diversion of water from Lake Michigan at Chicago, Illinois

33 U.S. Code § -

§ 426m - Collection and removal of drift and debris from publicly maintained commercial boat harbors and adjacent land and water areas

§ 426n - Technical assistance to States and local governments; cost sharing

33 U.S. Code § -

33 U.S. Code § -

33 U.S. Code § -

§ 426p - Corps of Engineers

§ 427 to 430 - Repealed. July 31, 1945, ch. 334,