---
kind: "section"
citation: "33 C.F.R. § 329.4"
title: "33"
number: "329.4"
heading: "General definition."
url: "https://uscodex.org/cfr/33/329.4"
---

# §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

### Authority

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

### Source

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