Navigability standards for bridges and culverts

Navigability standards for bridges and culverts.

(1) A new bridge or culvert or replacement of an existing bridge or culvert spanning a navigable waterway regulated under this chapter shall, except as provided in this section, maintain a clearance of not less than 5 feet.

(2) The department may require clearance of more than 5 feet when the waterway has been or is likely to be navigated when the waterway is above its ordinary high water mark elevation or if it is used by watercraft or snowmobiles requiring greater clearance.

(3) The department may allow less than 5 feet of navigation clearance for a bridge or culvert when the department determines all of the following apply:

(a) The waterway is known by the department to have little or no snowmobile use or navigation, other than by watercraft capable of using a portage established under par. (b) .

(b) The owner provides a permanent portage, identified by signage, over or around the bridge or culvert.

(c) The reduced clearance will not be detrimental to the public interest, as determined by the department.