§329.5. General scope of determination.
33 C.F.R. § 329.5
The several factors which must be examined when making a determination whether a waterbody is a navigable water of the United States are discussed in detail below. Generally, the following conditions must be satisfied:
Past, present, or potential presence of interstate or foreign commerce;
Physical capabilities for use by commerce as in paragraph (a) of this section; and
Defined geographic limits of the waterbody.
Notes, amendments, and revision history
Authority
Authority: 33 U.S.C. 401 et seq.
Source
Source: 51 FR 41251, Nov. 13, 1986, unless otherwise noted.