33 CFR 329.4 - General definition

Cite as33 CFR 329.4
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47 practice notes
  • 573 F.Supp. 283 (E.D.La. 1983), Civ. A. 81-263, Buttrey v. United States
    • United States
    • Federal Cases United States District Courts 5th Circuit United States District Courts. 5th Circuit. United States District Court (Eastern District of Louisiana)
    • September 28, 1983
    ...(b) Physical capabilities for use by commerce as in paragraph (a) of this section; and (c) Defined geographic limits of the waterbody. 33 C.F.R. §§ 329.4, 329.5 The Corps claims navigability in fact of the Morgan River because Buttrey transported two Corps representatives from the Magnolia ......
  • 875 F.2d 453 (5th Cir. 1989), 87-3854, Vieux Carre Property Owners, Residents & Associates, Inc. v. Brown
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • June 14, 1989
    ...are permitted instead by 33 C.F.R. Sec. 330 as nationwide permits. "Navigable waters of the United States" is defined in 33 C.F.R. Sec. 329. Section 322.3(a) provides that structures and work must be permitted if they are in such waters, or "affect the course, location, or co......
  • 466 N.E.2d 1064 (Ill.App. 1 Dist. 1984), 83-209, Bofman v. Material Service Corp.
    • United States
    • United States Appellate Court of Illinois
    • June 26, 1984
    ...they are subject to tidal fluctuations or have been, are, or in the future could be used for interstate transport or foreign commerce. (33 C.F.R. § 329.4 (1978); Kaiser Aetna v. United States (1979), 444 U.S. 164, 171, n. 6, 100 S.Ct. 383, 388, n. 6, 62 L.Ed.2d 332.) Inland waters not subje......
  • Additions and Discharges
    • United States
    • Wetlands Law: A Course Source. Second Edition
    • June 13, 2017
    ...flow of the tide, or waters that are used, have been used, or may be susceptible for use to transport interstate or foreign commerce. 33 C.F.R. § 329.4; see also id. § 328.1 (noting difference between geographic jurisdiction under the two statutes). There may be an incongruity in Congress's......
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42 cases
  • 573 F.Supp. 283 (E.D.La. 1983), Civ. A. 81-263, Buttrey v. United States
    • United States
    • Federal Cases United States District Courts 5th Circuit United States District Courts. 5th Circuit. United States District Court (Eastern District of Louisiana)
    • September 28, 1983
    ...(b) Physical capabilities for use by commerce as in paragraph (a) of this section; and (c) Defined geographic limits of the waterbody. 33 C.F.R. §§ 329.4, 329.5 The Corps claims navigability in fact of the Morgan River because Buttrey transported two Corps representatives from the Magnolia ......
  • 875 F.2d 453 (5th Cir. 1989), 87-3854, Vieux Carre Property Owners, Residents & Associates, Inc. v. Brown
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • June 14, 1989
    ...are permitted instead by 33 C.F.R. Sec. 330 as nationwide permits. "Navigable waters of the United States" is defined in 33 C.F.R. Sec. 329. Section 322.3(a) provides that structures and work must be permitted if they are in such waters, or "affect the course, location, or co......
  • 466 N.E.2d 1064 (Ill.App. 1 Dist. 1984), 83-209, Bofman v. Material Service Corp.
    • United States
    • United States Appellate Court of Illinois
    • June 26, 1984
    ...they are subject to tidal fluctuations or have been, are, or in the future could be used for interstate transport or foreign commerce. (33 C.F.R. § 329.4 (1978); Kaiser Aetna v. United States (1979), 444 U.S. 164, 171, n. 6, 100 S.Ct. 383, 388, n. 6, 62 L.Ed.2d 332.) Inland waters not subje......
  • 700 F.Supp. 476 (N.D.Cal. 1988), C-85-8615, Leslie Salt Co. v. United States
    • United States
    • Federal Cases United States District Courts 9th Circuit United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • September 29, 1988
    ...water of the United States." A general definition of the term "navigable waters of the United States" is set forth in 33 C.F.R. § 329.4. And the extent of Corps' jurisdiction under the Act and the regulation has been interpreted in Leslie Salt Co. v. Froehlke, 578 F.2d 742 (9......
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2 books & journal articles
  • Regulation of Wetlands and Waters of the United States
    • United States
    • Wetlands Law: A Course Source. Second Edition
    • June 13, 2017
    ...and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.” 33 C.F.R. § 329.4 . As a result, very few wetlands were or are regulated as “navigable waters” under the Rivers and Harbors Act. B. The Clean Water Act When ......
  • Additions and Discharges
    • United States
    • Wetlands Law: A Course Source. Second Edition
    • June 13, 2017
    ...flow of the tide, or waters that are used, have been used, or may be susceptible for use to transport interstate or foreign commerce. 33 C.F.R. § 329.4; see also id. § 328.1 (noting difference between geographic jurisdiction under the two statutes). There may be an incongruity in Congress's......

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