---
kind: "section"
citation: "33 C.F.R. § 2.34"
title: "33"
number: "2.34"
heading: "Waters subject to tidal influence; waters subject to the ebb and flow of the tide; mean high water."
url: "https://uscodex.org/cfr/33/2.34"
---

# §2.34. Waters subject to tidal influence; waters subject to the ebb and flow of the tide; mean high water.

- (a) **Waters subject to tidal influence and waters subject to the ebb and flow of the tide—** are waters below mean high water. These terms do not include waters above mean high water caused by flood flows, storms, high winds, seismic waves, or other non-lunar phenomena.
- (b) **Mean high water—** is the average of the height of the diurnal high water at a particular location measured over a lunar cycle of 19 years.

## Notes

### Authority

Authority: 14 U.S.C. 503; 33 U.S.C. 70031; Public Law 89-670, 80 Stat. 931, 49 U.S.C. 108; Public Law 107-296, 116 Stat. 2135, 2249, 6 U.S.C. 101 note and 468; Department of Homeland Security Delegation No. 0170.1.

### Source

Source: USCG-2001-9044, 68 FR 42598, July 18, 2003, unless otherwise noted.