Ordinary High Water Mark

Why the Ordinary High Water Mark Matters on Michigan’s Great Lakes

The Ordinary High Water Mark, often shortened to OHWM, is one of the most important concepts in Michigan Great Lakes waterfront ownership.

It affects how buyers understand the shoreline.

It affects where certain public trust rights may apply.

It can affect shoreline permitting.

And it can change how waterfront owners, buyers, neighbors, and the public interpret beach use.

Many buyers assume that owning Great Lakes waterfront means they fully control the entire beach in front of the home.

That assumption can be incomplete.

Along Michigan’s Great Lakes, ownership rights and public use rights can overlap near the Ordinary High Water Mark. That is why OHWM belongs inside any serious waterfront property evaluation.

Definition

The Ordinary High Water Mark is the point along a shoreline where the long-term presence and action of water leaves a recognizable mark on the land through changes in vegetation, soil, erosion, or other physical characteristics.

On Michigan’s Great Lakes, the Ordinary High Water Mark plays an important role in determining where certain public trust rights apply, including the public’s generally recognized right to walk along the shoreline below the OHWM.

It can also affect permitting requirements for shoreline improvements, seawalls, docks, dredging, filling, and other waterfront structures. Michigan EGLE explains that activities along and below the Great Lakes OHWM elevations may require permits under Part 325 for work such as dredging, filling, seawalls, docks, and other structures.

In plain terms, OHWM asks:

“Where does the legally and physically significant shoreline zone begin?”

That question matters for buyers, sellers, waterfront owners, and anyone evaluating Great Lakes property.

The Common Mistake

The common mistake is assuming the beach is controlled the same way as the backyard.

A buyer may think:

“I own the house.”

“I own the lot.”

“The beach is in front of my property.”

“So I control the entire beach.”

On some types of waterfront, that assumption may be closer to the buyer’s expectation.

On Michigan’s Great Lakes, it can be more complicated.

A Great Lakes waterfront owner may own land subject to public trust rights below the Ordinary High Water Mark. In Glass v. Goeckel, the Michigan Supreme Court held that members of the public have the right to walk along the Lake Huron shoreline on land lakeward of the ordinary high water mark.

That does not mean the public has unlimited rights to use private waterfront property.

It does mean Great Lakes buyers should understand the difference between ownership, exclusive possession, public trust rights, and practical shoreline use.

OHWM and the Public Trust Doctrine

The Public Trust Doctrine is the legal idea that certain waters and shorelands are held for public use and benefit.

On Michigan’s Great Lakes, the public trust doctrine is central to understanding the Ordinary High Water Mark.

The Beach Walker Case is the common shorthand for the Michigan Supreme Court’s decision in Glass v. Goeckel.

That case is important because it explains why the public may generally walk along Great Lakes shoreline below the Ordinary High Water Mark, even where adjacent land is privately owned.

For buyers, the practical lesson is simple:

Great Lakes waterfront ownership is not only about the deed.

It is also about how Michigan law treats the shoreline.

OHWM and Littoral Rights

Great Lakes waterfront owners are usually described as having Littoral Rights, because the property borders a large lake or Great Lake.

Those rights may include important ownership and use rights related to the water.

But littoral rights do not eliminate the public trust doctrine.

They exist alongside it.

That is why buyers should avoid oversimplified statements like:

“The beach is private.”

or:

“The public can use all of it.”

The better question is:

“What rights exist above, below, and around the Ordinary High Water Mark?”

That is where Great Lakes Waterfront ownership becomes different from many inland lake ownership expectations.

OHWM Is Not Only a Public Walking Issue

Many people first hear about the Ordinary High Water Mark because of beach walking.

But OHWM is not only about where people may walk.

It can also affect:

shoreline permitting
seawalls
revetments
docks
dredging
filling
shoreline stabilization
beach grooming
vegetation removal
erosion work
construction planning
setbacks
regulatory review
buyer due diligence

Michigan EGLE explains that the state’s OHWM for Great Lakes regulatory purposes is tied to elevations set under Part 325, and that permits may be required for certain activities along and below those OHWM elevations.

That makes OHWM both a property-rights issue and a permitting issue.

Great Lakes OHWM Versus Inland Lake OHWM

Buyers should also understand that the Ordinary High Water Mark does not function exactly the same way in every waterfront setting.

On Michigan’s Great Lakes, OHWM can be tied to public trust rights and Great Lakes submerged lands regulation.

On inland lakes, OHWM can matter for identifying the boundary between upland and bottomland and for permitting or regulatory purposes, but the public walking-rights analysis is not the same as the Great Lakes beach-walking issue.

EGLE describes inland lake OHWM under Part 301 as the line between upland and bottomland identified by a distinct change in land character caused by successive water-level changes.

That distinction matters.

A buyer should not assume that Great Lakes shoreline rules and inland lake shoreline rules are identical.

This is one reason Riparian Rights and Littoral Rights should be understood separately.

OHWM and Waterfront Usability

The Ordinary High Water Mark affects Waterfront Usability.

A property may have beautiful frontage, a sandy beach, a strong view, or a desirable location.

But the buyer still needs to understand how the shoreline can actually be used.

That includes questions like:

Can the public walk along the shoreline?
Where is the OHWM likely located?
Is the beach area above or below the OHWM?
Can the owner place structures, chairs, fencing, or other items in the area?
Are permits needed for shoreline work?
Are there limits on grooming, grading, filling, or erosion control?
Does the beach feel private even if public walking rights exist?
How does seasonal water level change the usable beach area?

This is where legal ownership, public rights, physical conditions, and practical use all overlap.

OHWM and Practical Privacy

The Ordinary High Water Mark also affects Practical Privacy.

A Great Lakes waterfront property may be legally private in many ways but still experience beach walking below the OHWM.

That does not mean the property lacks value.

It means the buyer should understand the real-world privacy profile before purchase.

Practical privacy depends on more than the deed.

It depends on:

public access points
road ends
shoreline walking patterns
trail systems
beach width
vegetation
topography
neighboring land use
water levels
seasonal activity

A buyer who expects total seclusion may evaluate a property differently than a buyer who enjoys an active shoreline.

The Ordinary High Water Mark helps explain why.

OHWM and Public Road Ends

A Public Road End can make the OHWM issue more visible.

A road end, public access point, park, or nearby beach access can increase the number of people who reach the shoreline.

The legal question may involve where people can walk.

The practical question is how often people actually do.

That is why OHWM should be evaluated alongside access patterns.

A property far from public access may feel very different from a property near a road end, even if the same general Great Lakes public trust principles apply.

This also connects to Access Friction and Practical Privacy.

OHWM and Shoreline Improvements

Buyers who plan to improve Great Lakes waterfront should pay close attention to OHWM.

Projects near the shoreline may require review before work begins.

That can include:

seawalls
stone revetments
beach nourishment
grading
filling
dredging
dock construction
shoreline stabilization
vegetation removal
erosion-control work
structures placed near or below the OHWM

This is where OHWM connects directly to Shoreline Setbacks, Regulatory Friction, and Dockable Shoreline.

A shoreline improvement may be desirable.

But if permitting is unclear, buyer confidence can change quickly.

The issue is not only whether a buyer wants to improve the property.

The issue is whether the improvement can be approved, permitted, built, maintained, and transferred without creating avoidable risk.

OHWM and Seasonal Water Levels

Great Lakes water levels change.

That can make OHWM confusing for buyers.

A buyer may look at the shoreline during one season and assume the visible waterline explains ownership, public use, and permitting.

It usually does not.

The Ordinary High Water Mark is not simply today’s water edge.

It reflects a more durable shoreline concept tied to long-term water action, physical characteristics, and, in some regulatory settings, established elevations.

Michigan Sea Grant explains that the Great Lakes system is dynamic, water levels vary over seasonal and long-term periods, and OHWM can refer to state, local, or natural markers depending on the context.

That is why Seasonal Honesty matters.

A beach may feel wide and private during one water-level cycle.

It may feel narrower and more exposed during another.

Buyers should understand the shoreline over time, not just on the day of the showing.

Buyer Questions to Ask

Before buying Great Lakes waterfront property, buyers should ask:

Is this Great Lakes frontage or inland lake frontage?
Where is the Ordinary High Water Mark likely located?
Is there a survey or professional evaluation?
How does the OHWM affect public walking rights?
How does the OHWM affect shoreline permitting?
Are public access points or road ends nearby?
How often do people walk the shoreline?
Is the beach area mostly above or below the OHWM?
Are any shoreline improvements present?
Were those improvements permitted?
Would future shoreline work require EGLE or other approvals?
Are local zoning setbacks measured from an OHWM-related line?
Does the shoreline feel different during high-water and low-water periods?
Does the buyer’s privacy expectation match the legal and practical shoreline reality?

The goal is not to discourage Great Lakes waterfront ownership.

The goal is to understand what is being purchased.

Seller Questions to Prepare For

Sellers should be prepared for buyer questions about OHWM.

That may include:

shoreline ownership expectations
beach walking
public access nearby
existing seawalls or shoreline work
dock or structure permits
erosion-control history
beach grooming
vegetation removal
local zoning setbacks
EGLE permits or correspondence
prior surveys or shoreline evaluations

A seller does not need to turn the listing into a legal memo.

But the seller should avoid overstating beach privacy or exclusive control if public trust rights may be relevant.

Clear explanation can reduce buyer hesitation.

Unclear explanation can create Buyer Friction Signal and Interpretation Gap Risk.

The Decision Impact

The Ordinary High Water Mark changes how Great Lakes waterfront property should be evaluated.

It affects how buyers understand:

ownership
public walking rights
beach privacy
shoreline use
permitting
improvements
setbacks
future maintenance
resale expectations

Two Great Lakes waterfront properties may have similar frontage and views but very different buyer experiences depending on beach width, public access, shoreline elevation, vegetation, public walking patterns, and permitting constraints.

That is why OHWM is not just a technical term.

It is a core waterfront ownership concept.

In Northern Michigan, the strongest waterfront decisions come from understanding not only what the deed says, but how the shoreline actually works.

Practical Verification Note

This page is an educational overview, not legal advice.

Buyers and sellers should verify property-specific OHWM, permitting, ownership, and shoreline-use questions with qualified professionals, which may include:

a Michigan real estate attorney
a licensed surveyor
EGLE
the local zoning administrator
a shoreline contractor
title professionals
other qualified advisors

OHWM can be legal, regulatory, physical, and practical all at the same time.

That is why it should be verified before a buyer relies on it.

Related Concepts

Related Guide

For a broader framework on evaluating waterfront property before buying or selling, see the Northern Michigan Waterfront Property Guide.

Working With Sander Scott

Sander Scott is a Northern Michigan real estate broker based in Northport, Michigan.

Through Net Real Estate, he helps buyers, sellers, and landowners evaluate waterfront property, vacant land, short-term rental potential, ownership patterns, property usability, and transaction risk across Northport, Leelanau County, Grand Traverse County, Benzie County, Antrim County, Kalkaska County, and surrounding Northern Michigan markets.

His waterfront evaluation process focuses on what the property is, what it can legally support, and how it actually lives.

If you are buying or selling Great Lakes waterfront property in Northern Michigan, the Ordinary High Water Mark is one of the key shoreline concepts to understand before assigning value.

Sander Scott
Northern Michigan real estate broker and owner of Net Real Estate.

Built around property usability, local knowledge, and better real estate decisions.