33 CFR 329.11: Federal jurisdiction limits of rivers and lakes
Last reviewed: October 14, 2026
This section describes how far federal jurisdiction extends over navigable rivers and lakes. It reaches the entire water surface and bed, up to the ordinary high water mark. It also explains that a river changes from navigable to non-navigable at an upper limit.
Applies toNavigable rivers and lakes, including their beds and the land below the ordinary high water mark.
What it says
Federal regulatory jurisdiction and powers of improvement for navigation extend to the entire water surface and bed of a navigable waterbody, including all land and waters below the ordinary high water mark.
33 CFR 329.11(a)“Federal regulatory jurisdiction, and powers of improvement for navigation, extend laterally to the entire water surface and bed of a navigable waterbody”
Jurisdiction reaches the edge of the waterbody even where parts are extremely shallow or obstructed by shoals, vegetation or other barriers.
33 CFR 329.11(a)“even though portions of the waterbody may be extremely shallow, or obstructed by shoals, vegetation or other barriers”
Marshlands and similar areas are considered navigable in law, but only as far as the ordinary high waters inundate them.
33 CFR 329.11(a)“Marshlands and similar areas are thus considered navigable in law, but only so far as the area is subject to inundation by the ordinary high waters.”
On non-tidal rivers, the ordinary high water mark is the shore line established by fluctuations of water and shown by physical characteristics such as a natural line impressed on the bank, shelving, or changes in soil.
33 CFR 329.11(a)(1)“is the line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank”
Ownership of a river or lake bed varies by state law, but private ownership of the underlying lands does not affect the existence or extent of federal jurisdiction over a navigable waterbody.
33 CFR 329.11(a)(2)“private ownership of the underlying lands has no bearing on the existence or extent of the dominant Federal jurisdiction over a navigable waterbody”
A river changes from navigable to non-navigable at some point along its length, often at a major fall or rapids where navigable capacity drops markedly.
33 CFR 329.11(b)“Very often that point will be at a major fall or rapids, or other place where there is a marked decrease in the navigable capacity of the river.”
The upper limit of navigability is often the traditional head of navigation, but under some tests it may be farther upstream.
33 CFR 329.11(b)“The upper limit will therefore often be the same point traditionally recognized as the head of navigation, but may, under some of the tests described above, be at some point yet farther upstream.”
Common questions
How far does federal jurisdiction extend over a navigable river or lake?
It extends to the entire water surface and bed of the waterbody, including all land and waters below the ordinary high water mark.
“which includes all the land and waters below the ordinary high water mark”
Does private ownership of a riverbed limit federal jurisdiction?
No. Ownership varies by state law, but private ownership of the underlying lands has no bearing on the existence or extent of federal jurisdiction over a navigable waterbody.
“private ownership of the underlying lands has no bearing on the existence or extent of the dominant Federal jurisdiction over a navigable waterbody”
How is the ordinary high water mark defined on non-tidal rivers?
It is the line on the shore established by water fluctuations and shown by physical characteristics such as a natural line on the bank, shelving, or soil changes.
“is the line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank”
Where is the upper limit of navigability on a river?
It is often at a major fall or rapids, which is often the traditional head of navigation, but it may be farther upstream under some tests.
“The upper limit will therefore often be the same point traditionally recognized as the head of navigation”
The text of 33 CFR 329.11
Electronic Code of Federal Regulations (eCFR), current as of April 16, 2026 · Read it on eCFR
Geographic and jurisdictional limits of rivers and lakes
(a) Jurisdiction over entire bed. Federal regulatory jurisdiction, and powers of improvement for navigation, extend laterally to the entire water surface and bed of a navigable waterbody, which includes all the land and waters below the ordinary high water mark. Jurisdiction thus extends to the edge (as determined above) of all such waterbodies, even though portions of the waterbody may be extremely shallow, or obstructed by shoals, vegetation or other barriers. Marshlands and similar areas are thus considered navigable in law, but only so far as the area is subject to inundation by the ordinary high waters.
(1) The “ordinary high water mark” on non-tidal rivers is the line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank; shelving; changes in the character of soil; destruction of terrestrial vegetation; the presence of litter and debris; or other appropriate means that consider the characteristics of the surrounding areas.
(2) Ownership of a river or lake bed or of the lands between high and low water marks will vary according to state law; however, private ownership of the underlying lands has no bearing on the existence or extent of the dominant Federal jurisdiction over a navigable waterbody.
(b) Upper limit of navigability. The character of a river will, at some point along its length, change from navigable to non-navigable. Very often that point will be at a major fall or rapids, or other place where there is a marked decrease in the navigable capacity of the river. The upper limit will therefore often be the same point traditionally recognized as the head of navigation, but may, under some of the tests described above, be at some point yet farther upstream.
The plain-English explanation on this page was written with AI from the regulation text above and checked automatically before publishing: every quote appears in the text, every number comes from it, and a second model confirmed each statement adds nothing the text doesn't say. Regulation text current as of April 16, 2026. The regulation text governs. RegKnot is not affiliated with the U.S. Coast Guard.