Wisconsin Administrative Code
Department of Natural Resources
NR 300-399 - Environmental Protection - Water Regulation
Chapter NR 341 - Grading On The Bank Of Navigable Waterways
Section NR 341.035 - Bank determination
Universal Citation: WI Admin Code ยง NR 341.035
Current through August 26, 2024
(1) DETERMINATION OF THE BANK. For purposes of establishing jurisdiction under s. 30.19, Stats., the bank of a navigable waterway shall be determined as follows:
(a)
Non-priority navigable
waterways. For navigable waterways that are not priority navigable
waterways, the bank is 75 feet landward from the ordinary high water mark.
However, if at 75 feet or less from the ordinary high water mark the slope is
12% or greater, the bank shall extend further landward to the point where the
slope of the land becomes less than 12%, provided the slope is less than 12%
for more than 50 feet. See Figure 1.
(b)
Priority navigable waterways. For priority navigable
waterways, the bank is 300 feet landward from the ordinary high water mark.
However, if at 300 feet or less from the ordinary high water mark the slope is
10% or greater, the bank shall extend further landward to the point where the
slope of the land becomes less than 10%, provided the slope is less than 10%
for more than 50 feet.
(c)
Complete interruption. Notwithstanding pars. (a) and (b), the
bank may not include any areas where the slope or drainage of the land into the
navigable waterway is completely interrupted. Completely interrupted means a
topographic break that stops runoff from reaching navigable waters.
(2) MEASUREMENTS. For purposes of establishing jurisdiction under s. 30.19, Stats., the measurement of the bank of a navigable waterway shall be determined as follows:
(a) The bank distance shall be
measured on a horizontal plane.
(b)
Slope shall be measured along the surface flow path except as provided in par.
(c).
(c) Instead of determining the
surface flow path and measuring the angle of slope along that path, a landowner
may stipulate, subject to the agreement of the department, that the applicable
10% or 12% slope continues, without complete interruption of the slope or
drainage, landward from the ordinary high water mark to the following distance:
1. 300 feet for non-priority navigable
waterways.
2. 500 feet for priority
navigable waterways.
(d)
Area of bank disturbance shall be calculated on the surface of the land and
shall include all the disturbed area within the bank as defined in sub. (1).
(3) GRADED AREA. For purposes of establishing jurisdiction under s. 30.19(1g) (c), Stats., the area on the bank of a navigable waterway exposed by the grading or removal of soil shall exceed 10,000 square feet.
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