Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 300 - Time Limits And Fees For Waterway And Wetland Permit Decisions › Subchapter III - Regulatory Services › Section NR 300.17 - Navigability and ordinary high water mark determinations

Current through June 24, 2024
(1) TYPES OF
				  DETERMINATIONS. Any person who owns or leases land or acting as an agent of the
				  property owner may request that the department provide any of the following
				  determinations for the fee specified under sub. (3):
(a) A navigability determination based on an
				  on-site inspection of the land by the department of whether a waterbody is
				  navigable. The department shall provide a navigability determination in writing
				  for an individual waterbody within a project boundary.
Note:
A navigability determination is the
					 appropriate service for a stakeholder seeking a watercourse
					 determination.
(b) An
				  ordinary high water mark determination based on an on-site inspection of the
				  land by the department of the ordinary high water mark for an individual
				  waterbody on a property.
(c) A
				  navigability confirmation, which is a service the department provides to concur
				  with the navigability of a waterbody as preliminarily determined by an
				  independent third party. The preliminary navigability determination is prepared
				  by an independent third party and meets the minimum submittal requirements
				  specified in sub. (2). If the department concurs with the preliminary
				  navigability determination completed by the independent third party, the
				  department's confirmation becomes the state's legal determination and the
				  confirmation shall also include the exact location and summarize the
				  information used to make this determination. If the department does not agree
				  with the preliminary navigability determination as presented by the independent
				  third party, the department may request the necessary information from the
				  independent third party needed for the determination decision to be confirmed
				  by the department, or the department may follow up with a site inspection to
				  make the final determination for navigability.
(d) An ordinary high water mark confirmation,
				  which is a service the department provides to concur with an ordinary high
				  water mark determination of a waterbody as determined by an independent third
				  party. The ordinary high water mark determination is prepared by an independent
				  third party and meets the minimum submittal requirements specified in sub. (3).
				  If the department concurs with the ordinary high water mark determination
				  completed by an independent third party, the department's confirmation shall
				  also include the exact location and summarize the information used to make this
				  determination. If the department does not agree with the preliminary ordinary
				  high water mark determination as presented by the independent party, the
				  department may request the necessary information from the third party needed
				  for the determination decision to be confirmed by the department, or the
				  department may follow up with a site inspection to make the final determination
				  for the ordinary high water mark.
Note:
For zoning purposes, a person should
					 request services in this section from their local zoning authority.
Note:
An ordinary high water mark or
					 navigability determination must be either completed by the department or
					 confirmed by the department before it can be used for department regulatory
					 decisions.
(e) Requests for
				  a service under pars. (a) to (d) shall be submitted in the manner and form
				  specified by the department, for the service.
(f) A person may request that the department
				  complete a navigability-in-fact determination if the person disputes the
				  navigability determination under par. (a) or (c). The department shall use a
				  watercraft to confirm the navigability of the waterway. A requester shall
				  comply with the declaratory ruling process specified in s.
				  227.41,
				  Stats.