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As I attempted to explain to Brian Sipple, Classic Custom Homes,the Dane County Code of Ordinances says the following in regard to determining the OHWM: (a)The county zoning administrator shall make the initial determination of whether or not a lake, pond flowage, river or stream is navigable. (b)The county zoning administrator shall make the initial determination of the location or elevation of the ordinary high- water mark. (c) When the navigability or ordinary high water mark is in question,the zoning administrator shall contact the appropriate department of natural resources office for assistance in making the determination. I tried to express to Brian that I would like to reach out to the DNR to see if they are in agreement or if they have any documentation on the area or are familiar with similar structures, however he requested that I take the matter no further. Dane County Zonings position is that the structure is part of the lake, and setbacks will need to be met, however if either the DNR does not agree that it is part of the waterway, or the property owner can obtain permits from the DNR to render it not part of the waterway,the County will accept the DNR's position. In addition there are floodplain and flood storage district issues if the property owner wishes to fill in the area. If the Owner can give approval from the DNR to fill in the area for both shoreland and floodplain issues,the county will also support such a proposal. Given the uniqueness of this property I think it would be wise for someone working on the project to contact Wendy Peich at the DNR to get her take on it. Let me know if you need anything else,or have any comments, Hans Hans Hilbert bane County Assistant Zoning Administrator Primary Contact for: Shoreland, Wetland, d floodplain Zoning Board of Adjustment 608.266.4993 hilberthans@countyofdane.com 2