The Department of Natural Resources has issued a declaratory ruling in regard to the location of the ordinary high water mark on Sturgeon Bay’s west side waterfront. The action came as a result of the settlement of a lawsuit involving the Friends of the Sturgeon Bay Public Waterfront, the city, and the Waterfront Redevelopment Authority. What began as a dispute over the placement of a waterfront hotel morphed into a disagreement over where the line between what is considered public and private land is situated. The Friends of the Sturgeon Bay Public Waterfront contended that the line as delineated was in violation of the state constitution. When the matter went to court, a judge indicated that no development could occur at the site until the ordinary high water mark was determined. In the interim, the DNR issued, then later rescinded its determination on the ordinary high water mark, which led to the current impasse. The settlement reached during the city council’s meeting Wednesday evening was passed on to the DNR which concurred that the location of the ordinary high water mark was at the US government 1835 meander line.
