---
kind: "section"
citation: "33 C.F.R. § 329.15"
title: "33"
number: "329.15"
heading: "Inquiries regarding determinations."
url: "https://uscodex.org/cfr/33/329.15"
---

# §329.15. Inquiries regarding determinations.

- (a) Findings and determinations should be made whenever a question arises regarding the navigability of a waterbody. Where no determination has been made, a report of findings will be prepared and forwarded to the division engineer, as described above. Inquiries may be answered by an interim reply which indicates that a final agency determination must be made by the division engineer. If a need develops for an emergency determination, district engineers may act in reliance on a finding prepared as in [section 329.14](/cfr/33/329.14.md) of this part. The report of findings should then be forwarded to the division engineer on an expedited basis.
- (b) Where determinations have been made by the division engineer, inquiries regarding the navigability of specific portions of waterbodies covered by these determinations may be answered as follows:

  This Department, in the administration of the laws enacted by Congress for the protection and preservation of the navigable waters of the United States, has determined that ___ (River) (Bay) (Lake, etc.) is a navigable water of the United States from ___ to ___. Actions which modify or otherwise affect those waters are subject to the jurisdiction of this Department, whether such actions occur within or outside the navigable areas.

- (c) Specific inquiries regarding the jurisdiction of the Corps of Engineers can be answered only after a determination whether (1) the waters are navigable waters of the United States or
  - (2) If not navigable, whether the proposed type of activity may nevertheless so affect the navigable waters of the United States that the assertion of regulatory jurisdiction is deemed necessary.

## Notes

### Authority

Authority: 33 U.S.C. 401 et seq.

### Source

Source: 51 FR 41251, Nov. 13, 1986, unless otherwise noted.