(a) Ocean and coastal waters. The navigable waters of the United States over which Corps of Engineers regulatory jurisdiction extends include all ocean and coastal waters within a zone three geographic (nautical) miles seaward from the baseline (The Territorial Seas). Wider zones are recognized for special regulatory powers exercised over the outer continental shelf. (See 33 CFR 322.3(b)).
(1) Baseline defined. Generally, where the shore directly contacts the open sea, the line on the shore reached by the ordinary low tides comprises the baseline from which the distance of three geographic miles is measured. The baseline has significance for both domestic and international law and is subject to precise definitions. Special problems arise when offshore rocks, islands, or other bodies exist, and the baseline may have to be drawn seaward of such bodies.
(2) Shoreward limit of jurisdiction. Regulatory jurisdiction in coastal areas extends to the line on the shore reached by the plane of the mean (average) high water. Where precise determination of the actual location of the line becomes necessary, it must be established by survey with reference to the available tidal datum, preferably averaged over a period of 18.6 years. Less precise methods, such as observation of the “apparent shoreline” which is determined by reference to physical markings, lines of vegetation, or changes in type of vegetation, may be used only where an estimate is needed of the line reached by the mean high water.
(b) Bays and estuaries. Regulatory jurisdiction extends to the entire surface and bed of all waterbodies subject to tidal action. Jurisdiction thus extends to the edge (as determined by paragraph (a)(2) of this section) 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 mean high waters. The relevant test is therefore the presence of the mean high tidal waters, and not the general test described above, which generally applies to inland rivers and lakes.
Notes of Decisions
United States v. Joseph A. Boccanfuso, 882 F.2d 666 (2d Cir. 1989).
“6 years, see 33 C.F.R. § 329.12 (a)(2) (1988). The Corps’ jurisdiction under the Clean Water Act is greater than its jurisdiction under the Rivers and Harbors Act; there was testimony that on Boccanfuso’s property, the high tide line was about a foot higher than the mean high…”
United States v. Oak Beach Inn Corp., 744 F. Supp. 439 (S.D.N.Y. 1990).
· cites it 2× “Jurisdiction thus extends to the edge (as defined in paragraph (a)(2) of this section) 8 of all such waterbodies, even though portions of such waterbodies may be extremely shallow, or obstructed by shoals, vegetation, or other barriers_ 33 C.”
All. to Protect Nantucket Sound, Inc. v. United States Dep't of the Army, 288 F. Supp. 2d 64 (D. Mass. 2003).
“Corps regulations define the "[n]avi-gable waters of the United States” as "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.”
Buttrey v. United States, 573 F. Supp. 283 (E.D. La. 1983).
· cites it 2× “See, 33 C.F.R. § 329.12 (1982); De Felice, 641 F.”
Price v. United States, 530 F. Supp. 1010 (S.D. Miss. 1981).
“This regulatory jurisdiction is given to the Corps by 33 C.F.R. § 329.12 (1980), and is defined to include all navigable waters “within a zone three geographic (Nautical) miles seaward from the coast line.”
Leslie Salt Co. v. Froehlke, 578 F.2d 742 (9th Cir. 1978).
“Part 329 for a more complete definition of this term. There has been no substantive change from the July 25, 1975 regulation.”
United States v. Boccanfuso, 695 F. Supp. 693 (D. Conn. 1988).
“” 33 C.F.R. § 329.12 (a)(2) (1985). Specifically, it is the average of high tides over the past 18.”
United States v. Alameda Gateway, Ltd., 953 F. Supp. 1106 (N.D. Cal. 1996).
“” 33 C.F.R. § 329.12 (b). Once made, a determination of navigability applies over the entire surface of the water and “is not extinguished by later actions or events which impede or destroy the navigable capacity.”
Ronald J. Seater v. Est. of Fred L. Seater & Lee N. Seater, 461 P.3d 421 (Alaska 2020).
“” 33 C.F.R. § 329.12 (a)(2) (2019). 19 Ronald argues that there are no boulders below the mean high tide line and that therefore, because the January 2017 decision used the term “median high water mark,” he should not be required to remove any boulders.”
United States v. Fane Lozman (11th Cir. 2025).
“2d at 1040–41; 33 C.F.R. § 329.12 (b). Second, Lozman implies that the district court erred because his floating home is on his private property.”
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