33 C.F.R. § 329.4
General definition
Navigable waters of the United States are 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. A determination of navigability, once made, applies laterally over the entire surface of the waterbody, and is not extinguished by later actions or events which impede or destroy navigable capacity.
Notes of Decisions
Cited in 44
cases (6 in the last 5 years), 1978–2026 · leading case: Kaiser Aetna v. United States, 444 U.S. 164 (1979).
Kaiser Aetna v. United States, 444 U.S. 164 (1979). “" 33 CFR § 329.4 (1978). [7] "Navigable water" subject to federal admiralty jurisdiction was defined as including waters that are navigable in fact in The Propeller Genesee Chief v.”
United States v. Theodore Angell, 292 F.3d 333 (2d Cir. 2002). “§ 403 ; 33 C.F.R. § 329.4 , and that the new construction was prohibited without an Army Corps permit.”
Roth v. Kiewit Offshore Servs., Ltd., 625 F. Supp. 2d 376 (S.D. Tex. 2008). “” 33 CFR § 329.4 (1986). The test of navigability in law is navigability in fact; that is, whether in its natural and ordinary condition a waterway is used, or is susceptible to being used, as a highway for commerce.”
Nat'l Mining Ass'n v. U.S. Army Corps of Engineers, 145 F.3d 1399 (D.C. Cir. 1998). “33 CFR § 329.4 ; see also id. § 328.1 (noting difference between geographic jurisdiction under the two statutes).”
United States v. Edward Lunn Tull, 769 F.2d 182 (4th Cir. 1985). “-260(k)(2) (1975), superseded by 33 C.F.R. § 329.4 (1984) (similar definition).”
Deltona Corp. v. United States, 228 Ct. Cl. 476 (Ct. Cl. 1981). “See generally 33 C.F.R. § 329.4 (1980). 3 The Corps notes that the "policies and criteria” reflected in its definition "are in close conformity with the tests used by the Federal Courts.”
Vieux Carre Prop. Owners, Residents & Assocs., Inc. v. Colonel Lloyd Kent Brown, Etc., 875 F.2d 453 (5th Cir. 1989). “” The general definition of navigable waters is found in 33 C.F.R. § 329.4 : “Navigable waters of the United States are 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…”
Angell v. U.S. Army Corps of Engineers, 149 F. App'x 34 (2d Cir. 2005). “§ 403 ; 33 C.F.R. § 329.4 ; Angelí, 292 F.3d at 336-37 .”
United States v. Weisman, 489 F. Supp. 1331 (M.D. Fla. 1980). “” 33 C.F.R. § 329.4 . Defendant Weisman concedes that the Crystal River is a navigable water of the United States.”
Frances L. Swanson v. United States of Am., 789 F.2d 1368 (9th Cir. 1986). “33 C.F.R. § 329.4 (1985). Section 404 of the Clean Water Act, 33 U.”
United States v. Lambert, 915 F. Supp. 797 (S.D.W. Va 1996). “” 33 C.F.R. § 329.4 . 14 . The Court examined the predecessor statutes to Section 13 and found the phrase "any refuse matter of any kind or description” must be construed in pari materia with the lists of substances found in the earlier Acts.”
Orleans Audubon Soc'y, Sierra Club, Intervenor-Appellant v. Colonel Robert C. Lee, in His Off. Capacity as Dist. Eng'r, 742 F.2d 901 (5th Cir. 1984). “33 C.F.R. 329.4, 329.5, 329.8 (1983). In general, the Corps requires individual permits for all “structures and/or work in or affecting navigable waters of the United States ____” unless the regulations specifically exempt the activity, 33 C.”
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