Frequently Asked Questions

The following questions address several of the frequently asked shoreland zoning questions we receive as a Department. If you have a question that is not included in this list, please reach out to one of the staff members listed on this page and we will help answer any questions you have.

What is a "navigable water?"

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.


What is the “Ordinary High Water Mark (OHWM)?”

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.


Where does the county shoreland zoning ordinance apply?

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.


How far back from the Ordinary High Water Mark (OHWM) must I be to build a structure?

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.

What exempt structures can be built within the 75-foot setback from the Ordinary High Water Mark (OHWM)?

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.)

What is the vegetative buffer zone?

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.

Setback Zones