33 CFR § 329.5 - General scope of determination.

---
identifier: "/us/cfr/t33/s329.5"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "33 CFR § 329.5 - General scope of determination."
title_number: 33
title_name: "Navigation and Navigable Waters"
section_number: "329.5"
section_name: "General scope of determination."
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: "2026-04-05"
last_updated: "2026-04-05"
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"
---


# 329.5 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) of this section; and

(c) Defined geographic limits of the waterbody.