---
kind: "section"
citation: "33 C.F.R. § 329.5"
title: "33"
number: "329.5"
heading: "General scope of determination."
url: "https://uscodex.org/cfr/33/329.5"
---

# §329.5. General scope of determination.


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:

- (a) Past, present, or potential presence of interstate or foreign commerce;
- (b) Physical capabilities for use by commerce as in [paragraph (a)](#a) of this section; and
- (c) **Defined geographic limits of the waterbody.**

## Notes

### Authority

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

### Source

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