33 CFR 328.4 - Limits of jurisdiction

Cite as33 CFR 328.4
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40 practice notes
  • Part II
    • United States
    • Federal Register March 12, 2007
    • March 12, 2007
    ...OHWM or other indicators of jurisdiction, that waterbody and its adjacent wetlands are considered together as a single aquatic unit (see 33 CFR 328.4(c)(2)). Examples of ``waterbodies'' include streams, rivers, lakes, ponds, and [FR Doc. E7-3960 Filed 3-9-07; 8:45 am] BILLING CODE 3710-92-P......
  • Proposal To Reissue and Modify Nationwide Permits
    • United States
    • Federal Register June 01, 2016
    • June 1, 2016
    ...under 33 CFR 328.3(a)(1) through (5), that waterbody and any adjacent wetlands are considered together as a single aquatic unit (see 33 CFR 328.4(c)(2)). Examples of ``waterbodies'' include streams, rivers, lakes, ponds, and FR Doc. 2016-12083 Filed 5-31-16; 8:45 am BILLING CODE 3720-58-P <......
  • Issuance and Reissuance of Nationwide Permits
    • United States
    • Federal Register January 06, 2017
    • January 6, 2017
    ...under 33 CFR part 328.3(a)(1)-(5), that waterbody and any adjacent wetlands are considered together as a single aquatic unit (see 33 CFR part 328.4(c)(2)).'' Several commenters said that if the Corps intends to use the term ``waterbody'' interchangeably with ``water of the United States'' i......
  • Separate Parts In This Issue Part II Army Department, Engineers Corps,
    • United States
    • Federal Register March 12, 2007
    • March 12, 2007
    ...OHWM or other indicators of jurisdiction, that waterbody and its adjacent wetlands are considered together as a single aquatic unit (see 33 CFR 328.4(c)(2)). Examples of ``waterbodies'' include streams, rivers, lakes, ponds, and [FR Doc. E7-3960 Filed 3-9-07; 8:45 am] BILLING CODE 3710-92-P......
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23 cases
  • Town of Ogden Dunes v. United States Dep't of Interior, 2:20-CV-34-TLS-JEM
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Northern District of Indiana
    • March 10, 2022
    ...for the type of work proposed by the Plaintiffs on a navigable body of water such as Lake Michigan. However, neither party discusses 33 C.F.R. § 328.4, which sets out the limits of the Corps' jurisdiction. For “[n]on-tidal waters of the United States[, ] . . . [i]n the absence of adjacent w......
  • United States v. Sweeney, 2:17-cv-00112-KJM-KJN
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • September 1, 2020
    ...Act, the term "waters of the United States" covers area beyond tidal waters and their high tide line to encompass adjacent wetlands. 33 C.F.R. § 328.4(b)(2) (1986). "The term wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration su......
  • U.S. v. Milner, 05-35802.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • October 9, 2009
    ...of using the MHW line, the Corps' regulations define its CWA jurisdiction over tidal waters by reference to the "high tide line," 33 C.F.R. § 328.4(b)(1), which, in turn, is defined as "the line of intersection of the land with the water's surface at the maximum height reached by a rising t......
  • Black Warrior Riverkeeper, Inc. v. Ala. Dep't of Transp., CASE NO. 2:11-CV-267-WKW (WO)
    • United States
    • United States District Courts. 11th Circuit. Middle District of Alabama
    • January 19, 2016
    ...§ 323.2 ("The term waters of the United States and all other terms relating to the geographic scope of jurisdiction are defined at 33 CFR part 328."); 33 C.F.R. § 328.4 ("The limits of jurisdiction in non-tidal waters: (1) In the absence of adjacent wetlands, the jurisdiction extends to the......
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8 books & journal articles
  • What Wetlands Are Regulated? Jurisdiction of the §404 Program
    • United States
    • Wetlands Deskbook Part I. Clean Water Act §404 Programs
    • November 11, 2009
    ...a non-exclusive list of physical characteristics to be considered in identifying the ordinary high watermark. hese include: 152. 33 C.F.R. §328.4(c)(1) (2008). 153. 33 C.F.R. §328.3(e)2008) (noting that the term “ordinary high watermark” “means that line on the shore established by the luct......
  • Statutory and Regulatory Citations
    • United States
    • Wetlands Deskbook Appendices
    • November 11, 2009
    ...work or structures pursuant to Sections 9 and 10 of the Rivers and Harbors Act of 1899. “Waters of the United States” are deined in 33 CFR part 328. hese waters include more than navigable waters of the United States and are the waters where permits are required for the discharge of dredged......
  • Regulation of Wetlands and Waters of the United States
    • United States
    • Wetlands Law: A Course Source. Second Edition
    • June 13, 2017
    ...include navigable and non-navigable tributaries, as long as the tributaries have a perceptible “ordinary high water mark” See 33 C.F.R. § 328.4(c) . An “ordinary high-water mark” is a “line on the shore established by the fluctuations of water and indicated by physical characteristics such ......
  • Statutory and Regulatory Citations
    • United States
    • Wetlands deskbook. 4th edition Appendices
    • April 11, 2015
    ...work or structures pursuant to Sections 9 and 10 of the Rivers and Harbors Act of 1899. “Waters of the United States” are deined in 33 CFR part 328. hese waters include more than navigable waters of the United States and are the waters where permits are required for the discharge of dredged......
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