33 CFR § 328.4 - Limits of jurisdiction.

---
identifier: "/us/cfr/t33/s328.4"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "33 CFR § 328.4 - Limits of jurisdiction."
title_number: 33
title_name: "Navigation and Navigable Waters"
section_number: "328.4"
section_name: "Limits of jurisdiction."
chapter_name: "CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF DEFENSE"
part_number: "328"
part_name: "DEFINITION OF WATERS OF THE UNITED STATES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "33 U.S.C. 1251"
regulatory_source: "51 FR 41250, Nov. 13, 1986, unless otherwise noted."
cfr_part: "328"
---


# 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)

(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) 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.