Section 341.035. Bank determination.

 

(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.

- See PDF for diagram

(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.

History: CR 04-085 : cr. Register April 2005 No. 592 , eff. 5-1-05.