33 CFR § 329.4 - General definition.

---
identifier: "/us/cfr/t33/s329.4"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "33 CFR § 329.4 - General definition."
title_number: 33
title_name: "Navigation and Navigable Waters"
section_number: "329.4"
section_name: "General definition."
chapter_name: "CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF DEFENSE"
part_number: "329"
part_name: "DEFINITION OF NAVIGABLE 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. 401"
regulatory_source: "51 FR 41251, Nov. 13, 1986, unless otherwise noted."
cfr_part: "329"
---


# 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.