33 C.F.R. § 329.1
Purpose
This regulation defines the term “navigable waters of the United States” as it is used to define authorities of the Corps of Engineers. It also prescribes the policy, practice and procedure to be used in determining the extent of the jurisdiction of the Corps of Engineers and in answering inquiries concerning “navigable waters of the United States.” This definition does not apply to authorities under the Clean Water Act which definitions are described under 33 CFR parts 323 and 328.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1982–2026 · leading case: United States v. RGM Corp., 222 F. Supp. 2d 780 (E.D. Va. 2002).
United States v. RGM Corp., 222 F. Supp. 2d 780 (E.D. Va. 2002). “” 33 C.F.R. § 329.1 (1986). Again, there is no such distinction in the 1974 regulations.”
United States v. Newdunn Assocs., 195 F. Supp. 2d 751 (E.D. Va. 2002). “” 33 C.F.R. § 329.1 (1986). Again, there is no such distinction in the 1974 regulations.”
Loving v. Alexander, 548 F. Supp. 1079 (W.D. Va. 1982). “2 This determination was based on the study prepared by Knapp and states that, under the standards set out in 33 C.F.R. §§ 329.1 et seq., 3 the Jackson River is a *1083 navigable water of the United States from its mouth to its confluence with Back Creek at river mile 55 for the…”
Spellmon (M.D. La. 2026). “” 33 C.F.R. § 329.1 . In other words, Plaintiffs argue that the 23 regulation set the jurisdiction of the Corps to regulate activities, and is irrelevant to answer the question of whether the structure has more than a minimal adverse effect on “navigation.”
In Re: Katrina Canal (5th Cir. 2009). “§§ 2001-2073 (applying to all vessels upon the inland waters of the United States) and 33 C.F.R. §§ 329.1 and 329.4 (generally defining “navigable waters” as those that have been used “to transport interstate or foreign commerce”).”
Berthelot v. B & K Constr. Co., 324 F. App'x 370 (5th Cir. 2009). “§§ 2001-2073 (applying to all vessels upon the inland waters of the United States) and 33 C.F.R. §§ 329.1 and 329.4 (generally defining “navigable waters” as those that have been used “to transport interstate or foreign commerce”).”
Berthelot v. B & K Constr. Co., 324 F. App'x 370 (5th Cir. 2009). “§§ 2001-2073 (applying to all vessels upon the inland waters of the United States) and 33 C.F.R. §§ 329.1 and 329.4 (generally defining “navigable waters” as those that have been used “to transport interstate or foreign commerce”).”
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