AB-71: Determination of the ordinary high water mark (OHWM)

Oppose: Failed to pass the Senate.

Under current law, DNR is responsible for determining the location of the Ordinary High Water Mark (OHWM) on a lake. The OHWM is a critical line, because it is the boundary used to measure the shoreland zoning building setback and the division between public lakebeds and private riparian ownership. Under this proposed bill, if a county disagrees with the DNR’s determination of the OHWM, the county's OHWM determination would stand.

The Wisconsin Association of Lakes recognizes that determination of the OHWM is critical to private riparian property owners and the public. However, the Wisconsin Association of Lakes has a number of serious concerns with this Bill:

• this Bill appears to be based on the perception that any determination made by a county government will be more accurate than one made by the State, but the bill does not establish any qualifications for the individuals who conduct these determinations. This bill offers no basis for property owners or the Legislature to assume that county personnel will produce more reliable results than state employees.
• WAL is not persuaded that establishing 72 new OHWM authorities will make these determinations more accurate, more consistent or more favorable to either private or public interests.
• this Bill could be found to be an impermissible delegation of authority over a statewide responsibility to a county government in violation of the Wisconsin Constitution.

The Wisconsin Association of Lakes Board of Directors unanimously voted to oppose this Bill.