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Post by trapperdave on Jan 30, 2017 10:38:15 GMT -5
Rivers flood on an annual basis, so normal high water marks would be the floodplains, no?
Or when flooded, you can go anywhere the water goes, correct?
Talking navigable classed rivers
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Post by morrison on Jan 30, 2017 12:08:45 GMT -5
The "ordinary high water mark" would be visibly noticeable on the bank or shore. There will be a distinct line between aquatic vegetation and terrestrial vegetation. The constant movement of the water will develop a natural line. When a waterway floods, that is the "flood stage level" not the "ordinary high water mark". The rule of thumb would be to determine that on a regular basis on an average year with average rainfall, the water level would be in this "general" area. That would be the "ordinary high water mark". I have posted the definition below as provided by the Code of Federal Regulations.
33 CFR 328.3
(6) Ordinary high water mark. The term ordinary high water mark means that line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas
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