Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 117 - Wisconsin's city and village shoreland-wetland protection program › Section NR 117.03 - Definitions

Current through June 24, 2024
For the purpose of this chapter:
(1) "City planning agency" means a city plan
				commission created under s.
				62.23(1),
				Stats., a board of public land commissioners created under s.
				27.11,
				Stats., or a committee of the city council which acts on matters pertaining to
				city planning.
(2) "Department"
				means the department of natural resources.
(3) "Environmental control facility" means
				any facility, temporary or permanent, which is reasonably expected to abate,
				reduce or aid in the prevention, measurement, control or monitoring of noise,
				air or water pollutants, solid waste and thermal, radiation or other
				pollutants, including facilities installed principally to supplement or to
				replace existing property or equipment not meeting or allegedly not meeting
				acceptable pollution control standards or which are to be supplemented or
				replaced by other pollution control facilities.
(4) "Farm drainage ditch" means any
				artificial channel which drains water from lands which are currently used for
				agricultural purposes.
(5)
				"Floodplain" means the land which has been or may be covered by flood water
				during the "regional flood," as that term is defined in s.
				NR
				116.03. The floodplain includes the floodway and the
				flood fringe.
(6) "High-water mark"
				means the mark left by water at its highest level.
(7) "Navigable water" or "navigable waters,"
				as defined in s.
				281.31(2)
				(d), Stats., means Lake Superior, Lake
				Michigan, all natural inland lakes within this state and all streams, ponds,
				sloughs, flowages and other waters within the territorial limits of this state,
				including the Wisconsin portion of boundary waters, which are navigable under
				the laws of this state. Notwithstanding any other provision of law or
				administrative rule, a shoreland zoning ordinance required under s.
				59.692,
				Stats., and this chapter or a wetland zoning ordinance required under s.
				61.351
				or
				62.231,
				Stats., and this chapter does not apply to lands adjacent to farm drainage
				ditches if:
(a) Such lands are not adjacent
				to a natural navigable stream or river;
(b) Those parts of the drainage ditches
				adjacent to these lands were nonnavigable streams before ditching;
				and
(c) Such lands are maintained
				in nonstructural agricultural use.
Note: In Muench v. Public Service Commission, 261 Wis. 492
				  (1952), the Wisconsin Supreme Court held that a stream is navigable in fact if
				  it is capable of floating any boat, skiff or canoe of the shallowest draft used
				  for recreational purposes. In DeGayner and Co., Inc. v. Department of Natural
				  Resources, 70 Wis.2d 936 (1975), the court also held that a stream need not be
				  navigable in its normal or natural condition to be navigable in fact. The
				  DeGayner opinion indicates that it is proper to consider artificial conditions,
				  such as beaver dams, where such conditions have existed long enough to make a
				  stream useful as a highway for recreation or commerce, and to consider
				  ordinarily recurring seasonal fluctuations, such as spring floods, in
				  determining the navigability of a stream.