---
kind: "section"
citation: "33 C.F.R. § 328.4"
title: "33"
number: "328.4"
heading: "Limits of jurisdiction."
url: "https://uscodex.org/cfr/33/328.4"
---

# §328.4. Limits of jurisdiction.

- (a) **Territorial Seas.** The limit of jurisdiction in the territorial seas is measured from the baseline in a seaward direction a distance of three nautical miles. (See [33 CFR 329.12](/cfr/33/329.12.md))
- (b) **Tidal waters of the United States.** The landward limits of jurisdiction in tidal waters:
  - (1) Extends to the high tide line, or
  - (2) When adjacent non-tidal waters of the United States are present, the jurisdiction extends to the limits identified in [paragraph (c)](#c) of this section.
- (c) **Non-tidal waters of the United States.** The limits of jurisdiction in non-tidal waters:
  - (1) In the absence of adjacent wetlands, the jurisdiction extends to the ordinary high water mark, or
  - (2) When adjacent wetlands are present, the jurisdiction extends beyond the ordinary high water mark to the limit of the adjacent wetlands.
  - (3) When the water of the United States consists only of wetlands the jurisdiction extends to the limit of the wetland.

## Notes

### Authority

Authority: 33 U.S.C. 1251 et seq.

### Source

Source: 51 FR 41250, Nov. 13, 1986, unless otherwise noted.