Waterways and Wetlands

Glossary of Waterway Terms

Below are some common terms used in waterway regulation. Many of these have been defined by Wisconsin courts. The definitions below give a general summary of the legal definitions.

Navigability

A stream is navigable if it has a bed and banks and you can float a canoe or other small craft in the stream at some time of the year, even if only during spring floods. For more information, please refer to our Navigability Factsheet [PDF 126KB] or the DNR Publication Public or Private? I - Navigability, available at many DNR locations.

Ordinary High Water Mark (OHWM)

The ordinary high water mark (OHWM) is the point on the bank or shore where the water is present often enough to leave a distinct wear mark. More specifically, the OHWM is the point on the bank or shore up to which the water, by its presence and action or flow, leaves a distinct mark indicated by erosion, destruction of or change in vegetation or other easily recognizable characteristic. For more information, please refer to the DNR Publication - Public or Private? II - Ordinary High Water Mark [PDF file], available at many DNR locations, or the Ordinary High Water Mark Web page.

Ownership of a Lakebed or Streambed

The riparian normally owns the streambed up to the center of the stream. The State owns the bed of natural lakes, while the riparian owns lakebed on flowages or raised lakes, out to the original lakebed. In all cases, the water is public and held in trust by the State.

Riparian

The waterfront property owner.

Waterway Access

The public has the right to canoe, fish, ice skate, snowmobile, wade, etc., in navigable waters as long as access can be obtained legally, such as from a public road or boat landing. The riparian has exclusive use of exposed lakebeds when the water is low. When using public waters, the general rule-of-thumb is to "keep your feet wet" to avoid trespassing. For more information on accesssing Wisconsin waterways, see the Stream Access FAQ or talk to your local DNR Conservation Warden.