Frequently Asked Questions

Navigable waters are defined in the Public Trust Doctrine and State Statutes. Generally, they include all natural lakes, ponds, rivers, and streams (including intermittent streams). Artificial drainages or stormwater conveyances that are not previously natural waterways are generally not considered navigable. Waters shown in USGS Quadrangle maps, Calumet County floodplain maps, or the County’s GIS system are presumed to be navigable. The Calumet County Zoning Administrator or the Wisconsin Department of Natural Resources can determine whether or not a particular waterway is navigable under state law.

The OHWM represents the average high point in which water can be expected to reach on the shoreline. The area can be identified by the presence of a debris field and the absence of terrestrial vegetation. The OHWM serves as the dividing line between Wisconsin DNR regulatory authority and county shoreland zoning, and is also the measurement point for building setbacks and the vegetative buffer zone. If you have any questions about where the OHWM is located, please contact the Planning, Zoning, and Land Information Department to help establish the OHWM.

The Calumet County Shoreland Zoning Ordinance has jurisdiction within the following locations of the unincorporated areas (townships) of the County:

• Within 1,000 feet of the OHWM of a lake, pond, or flowage.
• Within 300 feet of the OHWM or within the floodplain of a navigable river or stream -- whichever distance is greater.

If you are located within an incorporated area (city or village), please contact your local municipality to determine what regulations may be applicable for your property.

The general requirement for constructing structures within shoreland areas is 75 feet from the OHWM. Structures are defined as a principal structure or any accessory structure including a garage, shed, boathouse, sidewalk, stairway, walkway, patio, deck, retaining wall, porch, or fire pit.  

There are a few exemptions that will apply to the setback rule which can be found in the next question. Even though a structure may be exempt from needing to meet the setback requirement, other setbacks may apply and a permit will likely still need to be issued. If you have any questions about the placement of a particular structure, please contact the Planning, Zoning, and Land Information Department.

The following structures are exempt from needing to meet the shoreland setback area standards:

• Dry Boathouses
• Broadcast Signal Receivers (2 meters or less in diameter)
• Utility Structures (e.g. utility transmission and distribution lines, poles, towers, water towers, pumping stations, POWTS, and other utility structures that have no feasible alternative location outside of the minimum setback and constructed and placed using best management practices for stormwater infiltration)
• Walkway, stairway, or rail system (maximum of 60 inches in width)
• Devices or systems used to treat runoff from impervious surfaces
• Fence -- must meet the following conditions along a roadway:
  • is not taller than 15 feet
  • is located not less than 2 feet landward of the OHWM
  • is located entirely outside of a highway right-of-way.
  • is located not less than 10 feet from the edge of a roadway and not more than 40 feet from the edge of a roadway or highway right-of-way, whichever is greater.
  • is generally perpendicular to the shoreline.
• Bridges (bridges permitted by the DNR under s. 30.123, Stats.)

The vegetative buffer zone is considered the first 35 feet landward from the Ordinary High Water Mark (OHWM) of a navigable water body or stream. This area is to remain vegetated with trees, shrubs, and low-lying vegetation. The vegetative buffer zone is intended to protect water quality, fish and wildlife habitat and natural scenic beauty, and to promote the preservation and restoration of native vegetation.  

Vegetation within the first 35 feet of the OHWM performs several functions, from erosion control to providing habitat for flora and fauna. As depicted below, standard turf grass has limited root depth, providing little protection from erosion. A healthy balance of trees, shrubs, and low-lying vegetation can help protect the shoreline and provide a natural filter, reducing the amount of sediment, nutrients, and pollutants entering the waterway. 

Limited vegetation removal can be permitted within the vegetative buffer zone, including the following:

• Routine Maintenance of Vegetation. This includes normally accepted horticultural practices that do not result in the loss of any layer of existing vegetation (trees, shrubs, and low-lying vegetation) and do not require ground disturbance. 
  • Examples include the removal of minor limbs and branches which do not result in significant damage to the tree.
• Removal of Diseased, Dying, or Exotic Vegetation. The removal of these items is permitted to control the spread of disease and exotic or invasive species in an area. Vegetation creating an imminent safety hazard may also be removed to prevent further damage or injury. Removal of these items is only permitted if replaced by replanting vegetation in the same area with native species as soon as practicable. 
• Creation of an Access and Viewing Corridor. Vegetation may be removed for the creation of an access and viewing corridor, provided the following requirements are met:
  • The access and viewing corridor remains a strip of vegetated land for the purpose of providing safe pedestrian access to the shore through the vegetative buffer zone. 
    • Low-lying vegetation or grass shall remain in the access and viewing corridor and may not be turned into a strip of bare ground or sand. 
  • The corridor may be 35% of the shoreline frontage but in no case shall it be less than 10 feet* or greater than 200 feet in width. 
    • *There is no prohibition for the establishment of an access and viewing corridor of less than 10 feet in width.
  • The corridor may run contiguously for the entire maximum width allowed based on the shoreline frontage owned. 

Other forms of limited vegetation removal may be permitted by the department not included in this list. Please contact the Planning, Zoning, and Land Information Department with any questions.