Section 320.04. Bridge and culvert clearance over navigable waterway.

 

(1)  New bridges or culverts or replacements of existing bridges and culverts spanning navigable waterways, shall, except as provided in this section, maintain a clearance of not less than 5 feet.

(2)  The department may require clearance of more than 5 feet when the waterway has been or is likely to be navigated when it is above its ordinary high water mark elevation or if it is used by watercraft or snowmobiles requiring greater clearance.

(3)  The department may allow less than 5 feet of navigation clearance when all of the following apply:

(a) The waterway is known to have little or no navigation or snowmobile use.

(b) The waterway is not anticipated to have navigational use by other than lightweight craft.

(c) The owner provides a portage over or around the bridge or culvert.

(d) The reduced clearance would not be detrimental to the public interest.

CR 04-084 : cr. Register April 2005 No. 592 , eff. 5-1-05; CR 06-038 : r. (4) and (5) Register January 2007 No. 613 , eff. 2-1-07.