33 CFR § 325.9
Authority to determine jurisdiction
August 2, 2023
§ 325.9 Authority to determine jurisdiction.
District engineers are authorized to determine the area defined by the terms “navigable waters of the United States” and “waters of the United States” except:
(a) When a determination of navigability is made pursuant to 33 CFR 329.14 (division engineers have this authority); or
(b) When EPA makes a section 404 jurisdiction determination under its authority.