StacksVerified U.S. regulatory reference

33 CFR §329.5

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
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:
  1. (a)Past, present, or potential presence of interstate or foreign commerce;
  2. (b)Physical capabilities for use by commerce as in paragraph (a) of this section; and
  3. (c)Defined geographic limits of the waterbody.