navigable waters (redirected from navigability)

navigable waters

According to the Code of Federal Regulations section dealing with the U.S. Army Corps of Engineers (www.usace.army.mil/), which is given jurisdiction over them, navigable waters are “those waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in the past,or may be susceptible for use to transport interstate or foreign commerce. A determination of navigability, once made, applies laterally over the entire surface of the water body, and is not extinguished by later actions or events which impede or destroy navigable capacity.”Property owners wishing to build boat piers or other structures extending into navigable waters must obtain a permit from the Department of the Army.