29.083 Interference with hunting,
fishing or trapping.
(1) Definition. In this section, "activity associated with lawful hunting, fishing or trapping" means travel, camping or other acts that are
preparatory to lawful hunting, fishing or trapping and that are done by a hunter, fisher or trapper or by a member of a hunting, fishing or
trapping party.
(2) Prohibitions.
(a) No person may interfere or attempt to interfere with lawful hunting, fishing or trapping with the intent to prevent the taking of a wild animal
by doing any of the following:
1. Harassing a wild animal or by engaging in an activity that tends to harass wild animals.
2. Impeding or obstructing a person who is engaged in lawful hunting, fishing or trapping.
3. Impeding or obstructing a person who is engaged in an activity associated with lawful hunting, fishing or trapping.
4. Disturbing the personal property of a person engaged in lawful hunting, fishing or trapping.
5. Disturbing a lawfully placed hunting blind.
(b) No person may knowingly fail to obey the order of a warden or other law enforcement officer to desist from conduct in violation of par.
(a) if the order is based on any of the following:
1. The warden or other law enforcement officer personally observed such conduct by the person.
2. The warden or other law enforcement officer has reasonable grounds to believe that the person has engaged in such conduct that day or
that the person intends to engage in such conduct that day.
(3) Exemptions. This section does not apply to actions under sub. (2) (a) 1. to 5. performed by wardens and other law enforcement officers
if the actions are authorized by law and are necessary for the performance of their official duties.
(3m) Affirmative defense. It is an affirmative defense to the prosecution for violation of this section if the defendant's conduct is protected
by his or her right to freedom of speech under the constitution of this state or of the United States.
(4) Civil actions.
(a) A person who is adversely affected by, or who reasonably may be expected to be adversely affected by, conduct that is in violation of
sub. (2) (a) may bring an action in circuit court for an injunction or damages or both.
(b) The circuit court may enter an injunction under ch. 813 against conduct in violation of sub. (2) (a) if the court determines any of the
following:
1. The defendant is threatening the conduct.
2. The defendant has engaged in the conduct in the past and that it is reasonable to expect that the defendant will engage in the conduct that
will adversely affect the plaintiff in the future.
(c) The circuit court may award damages to the plaintiff if the defendant's conduct in violation of sub. (2) (a) has adversely affected the
plaintiff. The damages awarded may include punitive damages and any special damages. Special damages may include approval fees, travel
costs, camping fees, costs for guides, and costs for equipment or supplies to the extent that the plaintiff did not receive the full value of any of
these expenditures due to the unlawful conduct of the defendant.
History: 1989 a. 190; 1997 a. 248 s. 415; Stats. 1997 s. 29.083.
The application of this section is limited to physical interference and does not violate the freedom of speech. State v. Bagley,
164 Wis. 2d 255, 474 N.W.2d 761 (Ct. App. 1991).
30.01 Definitions. In this chapter:
(1b) "Authorized base level of water loss" has the meaning given under s. 281.35 (1) (b).
(1c) "Boat shelter" means a structure in navigable waters designed and constructed for the purpose of providing cover for a berth place for
watercraft, which has a roof but does not have walls or sides. Such a structure may include a device for lifting a boat.
(1d) "Boathouse" means a structure used for the storage of watercraft and associated materials which has one or more walls or sides.
(1g) "Bridge" means a structure used to convey people, animals and vehicles over navigable waters and includes pipe arches and culverts.
(1j) "Department" means the department of natural resources.
(1m) "Designated mooring area" means a mooring area designated by a municipality under s. 30.773 (2) and (3), approved by the
department and marked as a mooring area.
(1n) "Drain" has the meaning given in s. 88.01 (8).
(1nm) "Duck Creek Drainage District" means Outagamie Drainage District No. 6 that is also known as the Duck Creek Drainage District and
is located in Outagamie County.
(1p) "Fishing raft" means any raft, float or structure, including a raft or float with a superstructure and including a structure located or
extending below or beyond the ordinary high-water mark of a water, which is designed to be used or is normally used for fishing, which is not
normally used as a means of transportation on water and which is normally retained in place by means of a permanent or semipermanent
attachment to the shore or to the bed of the waterway. "Fishing raft" does not include a boathouse or fixed houseboat regulated under s.
30.121 nor a wharf or pier regulated under s. 30.13.
(1r) "Fixed houseboat" means a structure not actually used for navigation which extends beyond the ordinary high-water mark of a navigable
waterway and is retained in place either by cables to the shoreline or by anchors or spudpoles attached to the bed of the waterway.
(1t) "Flotation device" means any device used to provide flotation for a fishing raft, including each individual barrel or styrofoam coffin.
(2) "Governing body" means a town board, a village board of trustees, a city council or a county board.
(3) "Harbor facility" means every facility useful in the maintenance or operation of a harbor, including transportation facilities of all types,
terminal and storage facilities of all types, wharves, piers, slips, basins, ferries, docks, bulkheads and dock walls, and floating and handling
equipment, power stations, transmission lines and other facilities necessary for the maintenance and operation of such harbor facilities.
(3e) "Mooring" when used as a noun means a mooring anchor and mooring buoy together with attached chains, cables, ropes and pennants
and related equipment, unless the term is qualified or restricted.
(3m) "Mooring anchor" means any anchor or weight which is designed to rest on the bed or to be buried in the bed of a navigable water,
which is designed to be attached by a chain, cable, rope or other mechanism to a mooring buoy and which is designed to be left in position
permanently or on a seasonal basis.
(3s) "Mooring buoy" means any float or marker which is attached to a mooring anchor and either is suitable for attachment to a boat through
the use of a pennant or other device or facilitates the attachment of the boat to the mooring anchor.
(3w) "Motor vehicle" has the meaning designated under s. 340.01 (35) except that this term does not include snowmobiles.
(4) "Municipality" means any town, village, city or county in this state.
(4m) "Navigable waters" or "navigable waterway" means any body of water which is navigable under the laws of this state.
(4r) "Outlying waters" has the meaning given in s. 29.001 (63).
(5) "Pier" means any structure extending into navigable waters from the shore with water on both sides, built or maintained for the purpose of
providing a berth for watercraft or for loading or unloading cargo or passengers onto or from watercraft. Such a structure may include a boat
shelter which is removed seasonally. Such a structure may include a boat hoist or boat lift, and the hoist or lift may be permanent or may be
removed seasonally.
(5m) "Piling" means a group of piles.
(6) "Secretary" means the secretary of natural resources.
(6b) "Substantive written objection" means a written statement giving specific reasons why a proposed project under ss. 30.02 to 30.38 may
violate the statutory provisions applicable to the project and specifying that the person making the objection will appear and present
information supporting the objection in a contested case hearing.
(6d) "Surplus water" means any water of a stream that is not being beneficially used, as determined by the department.
(6e) "Swimming raft" means a floating platform without railings, roof or walls that is adequately anchored to the bed of navigable waters and is
designed for swimming, diving and related activities.
(7) "Watercraft" means any device used and designed for navigation on water.
(7m) "Water loss" has the meaning given under s. 281.35 (1) (L).
(8) "Wharf" means any structure in navigable waters extending along the shore and generally connected with the uplands throughout its length,
built or maintained for the purpose of providing a berth for watercraft or for loading or unloading cargo or passengers onto or from
watercraft. Such a structure may include a boat hoist or boat lift, and the hoist or lift may be permanent or may be removed seasonally.
(9) "Withdrawal" has the meaning given under s. 281.35 (1) (m).
(10) "Wolf River municipality" means any city, village or town which adjoins or includes any part of the Wolf River or its stream tributaries
from the Shawano dam downstream to Lake Poygan.
History: 1983 a. 189; 1985 a. 243, 332; 1987 a. 374 ss. 1 to 9, 25, 34, 35, 46 to 49, 70, 76; 1987 a. 403; 1989 a. 56; 1993 a.
236; 1995 a. 227; 1997 a. 27, 248; 1999 a. 9.
No threshold showing that a waterway is actually navigated for commercial or recreational purposes is necessary in order to
prove that the waterway is navigable. City of Oak Creek v. DNR, 185 Wis. 2d 424, 518 N.W.2d 276 (Ct. App. 1994).
30.015 Time limits for issuing permit determinations. In issuing permits under this chapter, the department shall initially determine whether a complete application for the permit has been submitted and, no later than 60 days after the application is submitted, notify the applicant in writing about the initial determination of completeness. If the department determines that the application is incomplete, the notice shall state the reason for the determination and the specific items of information necessary to make the application complete. An applicant may supplement and resubmit an application that the department has determined to be incomplete. There is no limit on the number of times that an applicant may resubmit an application that the department has determined to be incomplete under this section. The department may not demand items of information that are not specified in the notice as a condition for determining whether the application is complete unless both the department and the applicant agree or unless the applicant makes material additions or alterations to the project for which the application has been submitted.
30.03
Enforcement of forfeitures; abatement of nuisances; infringement of public
rights.
(2) The district attorney of the appropriate county or, at the request of the department, the attorney general shall institute proceedings to
recover any forfeiture imposed or to abate any nuisance committed under this chapter or ch. 31.
(3) All forfeitures shall be recovered by civil action as provided in ch. 778 and when collected shall be paid directly into the state treasury.
(4)
(a) If the department learns of a possible violation of the statutes relating to navigable waters or a possible infringement of the public rights
relating to navigable waters, and the department determines that the public interest may not be adequately served by imposition of a penalty
or forfeiture, the department may proceed as provided in this paragraph, either in lieu of or in addition to any other relief provided by law.
The department may order a hearing under ch. 227 concerning the possible violation or infringement, and may request the hearing examiner to
issue an order directing the responsible parties to perform or refrain from performing acts in order to fully protect the interests of the public in
the navigable waters. If any person fails or neglects to obey an order, the department may request the attorney general to institute
proceedings for the enforcement of the department's order in the name of the state. The proceedings shall be brought in the manner and with
the effect of proceedings under s. 111.07 (7).
(b) No penalty may be imposed for violation of a hearing examiner's order under this subsection, but violation of a judgment enforcing the
order may be punished in civil contempt proceedings.
30.135 Regulation of water ski platforms and jumps.
(1) When permit required.
(a) A riparian proprietor may place a water ski platform or water ski jump in a navigable waterway without obtaining a permit if all of the
following requirements are met:
1. The platform or jump does not interfere with public rights in navigable waters.
2. The platform or jump does not interfere with rights of other riparian proprietors.
3. The platform or jump is located at a site that ensures adequate water depth and clearance for safe water skiing.
(b) If the department determines that any of the requirements under par. (a) are not met, the riparian owner shall submit a permit application
to the department.
(2) Notice and hearing procedure.
(a) Upon receipt of a complete permit application, the department shall either order a hearing or provide notice stating that it will proceed on
the application without a hearing unless a substantive written objection to issuance of the permit is received within 30 days after publication of
the notice. The department shall provide a copy of the notice to the applicant for the permit, the clerk of each municipality in which the water
ski platform or water ski jump is to be located and to any other person required by law to receive notice. The department may provide notice
to other persons as it considers appropriate. The applicant shall publish the notice as a class 1 notice under ch. 985 in a newspaper
designated by the department that is likely to give notice in the area affected. The applicant shall file proof of publication with the department.
(b) If the department receives no substantive written objection to the permit and proceeds on the permit application without a hearing, the
department shall approve or disapprove the permit within 5 days after the date that the 30-day period under par. (a) expires.
(c) If the department orders a hearing on the permit application, the hearing shall be scheduled within 30 days after the date on which the
department orders the hearing. The division of hearings and appeals shall mail copies of the written notice of the hearing at least 10 days
before the hearing to each person provided the notice under par. (a). The division of hearings and appeals shall mail the copies at least 10
days before the hearing except that it shall mail the copy to the applicant for the permit at least 20 days before the hearing. The applicant shall
publish the notice as a class 1 notice under ch. 985 in a newspaper designated by the department that is likely to give notice in the area
affected. The applicant shall file proof of the publication with the hearing examiner at or prior to the hearing.
(3) Rules.
(a) The department shall promulgate a rule listing specific reasons that will support a substantive written objection to the placement of a water
ski platform or water ski jump.
(b) The department shall promulgate rules specifying the information that shall be disclosed in a notice under sub. (2) (a). The disclosed
information shall include all of the following:
1. A statement explaining what constitutes a substantive written objection and the list of specific reasons that support a substantive written
objection that is promulgated under par. (a).
2. The fact that the department may decide to proceed on the application without a hearing.
3. The fact that a decision to proceed on an application without a hearing under subd. 2. is subject to review under ch. 227.
(4) Exemption. Section 30.02 does not apply to permit applications submitted under this section.
History: 1997 a. 27.
30.14 Reports of and hearings on violations.
(1) Municipalities to report violations. The governing body of each municipality shall promptly report to the department every violation of
s. 30.12 or 30.13 which occurs or which it has reason to believe is likely to occur within the municipal boundaries.
(2) Hearings by department. Upon complaint by any person to the department that any wharf, pier or other structure exists in navigable
water in violation of s. 30.12 or 30.13 or 30.207 or that any wharf, pier or other structure proposed to be built in navigable water will violate
s. 30.12 or 30.13 or 30.207, the department shall investigate and may hold a hearing to determine whether the wharf, pier, or other structure
is or would be in violation of those sections. If no hearing is held, the complainant shall be informed of the results of the investigation.
History: 1987 a. 374; 1997 a. 174.
30.10 Declarations of navigability.
(1) Lakes. All lakes wholly or partly within this state which are navigable in fact are declared to be navigable and public waters, and all
persons have the same rights therein and thereto as they have in and to any other navigable or public waters.
(2) Streams. Except as provided under sub. (4) (c) and (d), all streams, sloughs, bayous and marsh outlets, which are navigable in fact for
any purpose whatsoever, are declared navigable to the extent that no dam, bridge or other obstruction shall be made in or over the same
without the permission of the state.
(3) Enlargements or improvements in navigable waters. All inner harbors, turning basins, waterways, slips and canals created by any
municipality to be used by the public for purposes of navigation, and all outer harbors connecting interior navigation with lake navigation, are
declared navigable waters and are subject to the same control and regulation that navigable streams are subjected to as regards improvement,
use and bridging.
(4) Interpretation.
(a) This section does not impair the powers granted by law under s. 30.123 or by other law to municipalities to construct highway bridges,
arches or culverts over streams.
(b) The boundaries of lands adjoining waters and the rights of the state and of individuals with respect to all such lands and waters shall be
determined in conformity to the common law so far as applicable, but in the case of a lake or stream erroneously meandered in the original
U.S. government survey, the owner of title to lands adjoining the meandered lake or stream, as shown on such original survey, is conclusively
presumed to own to the actual shorelines unless it is first established in a suit in equity, brought by the U.S. government for that purpose, that
the government was in fact defrauded by such survey. If the proper claims of adjacent owners of riparian lots of lands between meander and
actual shorelines conflict, each shall have his or her proportion of such shorelands.
(c) Notwithstanding any other provision of law, farm drainage ditches are not navigable within the meaning of this section unless it is shown
that the ditches were navigable streams before ditching. For purposes of this paragraph, "farm drainage ditch" means any artificial channel
which drains water from lands which are used for agricultural purposes.
(d) A drainage district drain located in the Duck Creek Drainage District and operated by the board for that district is not navigable unless it
is shown, by means of a U.S. geological survey map or other similarly reliable scientific evidence, that the drain was a navigable stream before
it became a drainage district drain.
History: 1977 c. 190, 272, 418; 1981 c. 339; 1991 a. 316; 1999 a. 9.
Cross Reference: See also chs. NR 305 and 320, Wis. adm. code.
When there are 2 owners of land adjacent to a disputed parcel erroneously meandered under sub. (4), the judge is to divide the
parcel proportionately on an equitable, but not necessarily equal, basis. Kind v. Vilas County, 56 Wis. 2d 269, 201 N.W.2d 881
(1972).
The DNR properly considered the existence of beaver dams and ponds and the periods of high water caused by spring runoffs in
determining the navigability of a creek. The dams and ponds were normal and natural to the stream, and the periods of high water
were of a regularly recurring, annual nature. DeGayner & Co. v. DNR, 70 Wis. 2d 936, 236 N.W.2d 217 (1975).
An owner of land on a meandered lake takes only to the actual shoreline. An owner does not have a "proper claim" to an
isolated parcel separated from the remainder of the lot by the lake, making sub. (4) (b) inapplicable as parcels separated by a lake
are not "adjacent." State Commissioners of Board of Public Lands v. Thiel, 82 Wis. 2d 276, 262 N.W.2d 522 (1978).
A DNR declaration of navigability subjecting private property to sub. (1) was a taking. Zinn v. State, 112 Wis. 2d 417, 334
N.W.2d 67 (1983).
The DNR has the authority, as well as the obligation, to determine whether the waters of the state are navigable in fact and
subject to regulation under ch. 30, another agency's prior ancillary finding to the contrary notwithstanding. Turkow v. DNR, 216
30.103 Identification of ordinary high-water mark by town sanitary district. A town sanitary district may identify the ordinary high-water
mark of a lake that lies wholly within unincorporated territory and wholly within the town sanitary district. The department may not identify an
ordinary high-water mark of a lake that is different than the ordinary high-water mark identified by a town sanitary district under this section.
History: 1997 a. 237.
30.105 Determining footage of shoreline. In determining footage of shoreline for purposes of s. 30.50 (4q), 30.77 (3) (ac), (ae) and (am)
and 60.782 (2), towns, villages, cities, public inland lake protection and rehabilitation districts and town sanitary districts shall measure by use
of a map wheel on the U.S. geological survey 7 1/2 minute series map.
History: 1995 a. 152 s. 9; 1995 a. 349 s. 11.
30.15 Penalty for unlawful obstruction of navigable waters.
(1) Obstructions penalized. Any person who does any of the following shall forfeit not less than $10 nor more than $500 for each offense:
(a) Unlawfully obstructs any navigable waters and thereby impairs the free navigation thereof.
(b) Unlawfully places in navigable waters or in any tributary thereof any substance that may float into and obstruct any such waters or impede
their free navigation.
(c) Constructs or maintains in navigable waters, or aids in the construction or maintenance therein, of any boom not authorized by law.
(d) Constructs or places any structure or deposits any material in navigable waters in violation of s. 30.12 or 30.13.
(3) Each day a separate violation. Each day during which an obstruction, deposit or structure exists in violation of sub. (1) is a separate
offense.
30.02 General provision for notice and hearing.
(1) In any proceeding under this chapter where public notice is required, the department shall follow the procedures in subs. (3) and (4).
(2) In any proceeding under this chapter where public notice is not required, the department shall follow the procedures in subs. (3) and (4) if
it determines that substantial interests of any party may be adversely affected by the proceeding.
(3) Upon receipt of a complete permit application or a request for a determination under s. 236.16 (3) (d), the department shall either
schedule a public hearing to be held within 60 days after receipt of the application or request or provide notice stating that it will proceed on
the application or request without a public hearing if, within 30 days after the publication of the notice, no substantive written objection to
issuance of the permit is received or no request for a hearing concerning the determination under s. 236.16 (3) (d) is received. The notice
shall be provided to the clerk of each municipality in which the project is located and to any other person required by law to receive notice.
The department may provide notice to other persons as it deems appropriate. The department shall provide a copy of the notice to the
applicant, who shall publish it as a class 1 notice under ch. 985 in a newspaper designated by the department that is likely to give notice in the
area affected. The applicant shall file proof of publication with the department.
(4)
(a) If a public hearing is ordered, the division of hearings and appeals shall mail a written notice at least 10 days before the hearing to each
person given notice under sub. (3) and in the case of an application for a permit, to any person who submitted a substantive written objection
to issuance of the permit. The public hearing shall be conducted within 60 days after the hearing is ordered.
(b) The applicant shall publish a class 1 notice under ch. 985 of the public hearing in a newspaper designated by the department that is likely
to give notice in the area affected. The applicant shall file proof of publication under this paragraph with the hearing examiner at or prior to
the hearing.
History: 1987 a. 374; 1997 a. 172; 2001 a. 16.
SUBCHAPTER II
NAVIGABLE WATERS AND NAVIGATION IN GENERAL
30.11 Establishment of bulkhead lines.
(1) Who may establish. Any municipality may, subject to the approval of the department, by ordinance establish a bulkhead line and from
time to time reestablish the same along any section of the shore of any navigable waters within its boundaries.
(2) Standards for establishing. Bulkhead lines shall be established in the public interest and shall conform as nearly as practicable to the
existing shores, except that in the case of leases under sub. (5) and s. 24.39 (4) bulkhead lines may be approved farther from the existing
shoreline if they are consistent with and a part of any lease executed by the board of commissioners of public lands.
(3) How established. Whenever any municipality proposes to establish a bulkhead line or to reestablish an existing bulkhead line, the
municipality shall indicate both the existing shore and the proposed bulkhead line upon a map and shall file with the department for its
approval 6 copies of the map and 6 copies of the ordinance establishing the bulkhead line. The map shall use a scale of not less than 100 feet
to an inch or any other scale required by the department. The map and a metes and bounds description of the bulkhead line shall be
prepared by a land surveyor registered in this state. The department may require the installation of permanent reference markers to the
bulkhead line. Upon approval by the department, the municipality shall deliver the map, description and ordinance to the office of the register
of deeds of the county in which the bulkhead line lies, to be recorded by the register of deeds.
(4) Riparian rights preserved. Establishment of a bulkhead line shall not abridge the riparian rights of riparian proprietors. Riparian
proprietors may place solid structures or fill up to such line.
(5) Finding of public interest.
(a) Prior to the execution of any lease by the board of commissioners of public lands concerning rights to submerged lands or rights to fill in
submerged lands held in trust for the public under s. 24.39, the department shall determine whether the proposed physical changes in the area
as a result of the execution of the lease are consistent with the public interest. Thirty days before making its determination, the department
shall notify, in writing, the clerk of the county and clerk of the city, village or town in which the changes are proposed and the U.S. Army
Corps of Engineers of the application for the lease. In making its finding the department shall give consideration to all reports submitted to it.
The department shall not approve a lease applied for under s. 24.39 (4) (a) 2. if the department determines that the lease may threaten
excessive destruction of wildlife habitat.
(b) When considering leases to allow certain initial improvements such as, but not restricted to, filling on submerged lands to create sites for
further facilities, the department may determine whether such initial improvements are consistent with the public interest in the navigable waters
involved even though the exact final use to which these improvements will be put is not known. The department, at the time it finds that a
proposed lease would be consistent with the public interest in the navigable waters involved, may include in its findings such limitations upon
the use of improvements as it considers necessary to confine their use to functions primarily related to water transportation or otherwise of
public benefit. The board of commissioners of public lands shall include in the lease such limitations on final use as is
determined by the department.
(c) Upon the complaint of any person to the department that current use made of rights leased under s. 24.39 (4) is inconsistent with both its
original findings and the public interest, the department shall hold a public hearing thereon after the publication of a class 2 notice, under ch.
985. If the department finds that the present use conforms neither to its original finding nor to the present public interest, it shall submit its
findings to the governor. The governor may cause the attorney general or the district attorney of the proper county to bring action in the name
of the state in a court of competent jurisdiction to declare the lease terminated and to institute appropriate action for removal of structures or
cessation of practices in violation of such lease.
(6) Shoreline not invalidated. A shoreline lawfully established before January 1, 1960, is a lawfully established bulkhead line.
History: 1987 a. 374; 1991 a. 32.
A bulkhead line is not merely the natural shoreline, but one legislatively established by a municipality. It may differ from the
existing shoreline and is also distinguishable from the low- and high-water marks previously judicially defined. State v. McFarren,
62 Wis. 2d 492, 215 N.W.2d 459 (1974).
The private right to fill lakebeds granted under this section does not preempt the zoning power of a county over shorelands
under s. 59.971 [now 59.692]. State v. Land Concepts, Ltd. 177 Wis. 2d 24, 501 N.W.2d 817 (Ct. App. 1993).
When a bulkhead line has been established, a riparian owner must nonetheless obtain a permit or contract pursuant to s. 30.20
prior to removing material from the bed of a navigable water landward of the bulkhead line, but within the original ordinary high
water mark. 63 Atty. Gen. 445.
A bulkhead line is not legally established until the filing requirements of sub. (3) are met. A bulkhead line established by a town
on lands subsequently annexed to a municipality that has not established such line, remains in effect. 64 Atty. Gen. 112.
30.12 Structures and deposits in navigable waters prohibited; exceptions;
penalty.
(1) General prohibition. Except as provided under subs. (4) and (4m), unless a permit has been granted by the department pursuant to
statute or the legislature has otherwise authorized structures or deposits in navigable waters, it is unlawful:
(a) To deposit any material or to place any structure upon the bed of any navigable water where no bulkhead line has been established; or
(b) To deposit any material or to place any structure upon the bed of any navigable water beyond a lawfully established bulkhead line.
(2) Permits to place structures or deposits in navigable waters; generally. The department, upon application and after proceeding in
accordance with s. 30.02 (3) and (4), may grant to any riparian owner a permit to build or maintain for the owner's use a structure otherwise
prohibited under sub. (1), if the structure does not materially obstruct navigation or reduce the effective flood flow capacity of a stream and is
not detrimental to the public interest. The procedures in this subsection do not apply to permits issued under sub. (3).
(3) Permits to place certain structures or deposits in navigable waters.
(a) The department, upon application, may grant to a riparian owner a permit to:
1. Place a layer of sand or similar material on the bed of a lake adjacent to the owner's property for the purpose of improving recreational
use.
2. Place a fish crib, spawning reef, wing deflector or similar device on the bed of navigable waters for the purpose of improving fish habitat.
2m. Place a bird nesting platform, a wood duck house or similar structure on the bed of a navigable water for the purpose of improving
wildlife habitat.
3. Place riprap or similar material on the bed and bank of navigable waters adjacent to an owner's property for the purpose of protecting the
bank and adjacent land from erosion.
4. Place crushed rock or gravel, reinforced concrete planks, adequately secured treated timbers, cast in place concrete or similar material on
the bed of a navigable stream for the purpose of developing a ford if an equal amount of material is removed from the stream bed.
5. Place crushed rock or gravel, reinforced concrete planks, cast in place concrete or similar material on the bed of navigable waters
adjacent to the owner's property for the purpose of building a boat landing.
6. Place a permanent boat shelter adjacent to the owner's property for the purpose of storing or protecting watercraft and associated
materials, except that no permit may be granted for a permanent boat shelter which is constructed after May 3, 1988, if the property on
which the permanent boat shelter is to be located also contains a boathouse within 75 feet of the ordinary high-water mark of if there is
a boathouse over navigable waters adjacent to the owner's property.
7. Place an intake structure and pipe on the bed of a navigable water for the purpose of constructing a dry fire hydrant to supply water for
fire protection.
8. Drive a piling into the bed of a navigable water adjacent to the owner's property for the purpose of deflecting ice, protecting an existing or
proposed structure, or providing a pivot point for turning watercraft.
(b) A person who seeks to place structures or deposits under par. (a) shall apply to the department for a permit. The department may
disapprove the application if it finds that the proposed structure or deposit will materially impair navigation or be detrimental to the public
interest. The department shall issue the permit or notify the applicant in writing of the disposition of the application.
(bn) A riparian owner is exempt from the permit requirements under sub. (2) and this subsection for a structure specified under par. (a) 2m.
if the riparian owner places the structure in conformance with the standards established under par. (d) and if the riparian owner notifies the
department in writing of the location of the structure at least 10 working days before it is placed.
(bt) A riparian owner is exempt from the permit requirements under sub. (2) and this subsection for a structure that is placed on the bed of a
navigable water in the Wolf River and Fox River basin area, as described in s. 30.207 (1), and that extends beyond the ordinary high-water
mark, if the following conditions apply:
1. The structure is a vertical wall designed to prevent land from eroding into a navigable water.
2. The structure is not a replacement for an existing structure and is placed on the bed of an artificial enlargement of a navigable water, or the
structure is a replacement for an existing structure placed on the bed of a navigable water, including the bed of an artificial enlargement of a
navigable water.
3. If the structure is a replacement for an existing structure placed on the bed of a navigable water, including the bed of an artificial
enlargement of a navigable water, it is placed not more than 2 feet waterward of the structure that it is replacing.
4. The structure incorporates adequate bracing and anchors to ensure structural stability.
5. A filter fabric lining containing a layer of gravel extends from the landward side of the structure to facilitate drainage.
6. The base of the structure extends to a sufficient depth into the bed of the navigable water to ensure the structure's stability and to prevent
the structure from failing.
7. The structure is secured into the bank of the navigable water in a manner that prevents erosion or scouring.
8. The riparian owner places riprap at the base of the waterward side of the structure up to the waterline or, if the structure is placed in a
location where watercraft are moored, the riparian owner places riprap at the base of the waterward side of the structure up to a point that
allows adequate space for the mooring of watercraft.
9. The structure is constructed of treated wood and built so that the top of the structure meets the lower of the following:
a. The natural topography of the bank of the navigable water.
b. A point that is 4 feet above the ordinary high-water mark of the navigable water.
c. The minimum height required to prevent overtopping by wave action.
(c) The department may promulgate rules deemed necessary to carry out the purposes of par. (a) 6., including rules to establish minimum
standards to govern the architectural features of boat shelters and the number of boat shelters that may be constructed adjacent to a parcel of
land. The rules may not govern the aesthetic features or color of boat shelters. The standards shall be designed to assure the structural
soundness and durability of a boat shelter. A municipality may enact ordinances not inconsistent with this section or with rules promulgated
under this section regulating the architectural features of boat shelters.
(d) For purposes of par. (bn), the department shall promulgate rules to establish standards governing the placement of structures specified in
par. (a) 2m.
(4) Department of transportation activities; exemption; interdepartmental coordination of environmental protection measures.
(a) Activities affecting waters of the state as defined in s. 281.01 (18) that are carried out under the direction and supervision of the
department of transportation in connection with highway, bridge or other transportation project design, location, construction, reconstruction,
maintenance and repair are not subject to the prohibitions or permit or approval requirements specified under this section or s. 29.601,
30.11, 30.123, 30.19, 30.195, 30.20, 59.692, 61.351, 62.231 or 87.30 or chs. 281 to 285 or 289 to 299, except s. 281.48. However, at
the earliest practical time prior to the commencement of these activities, the department of transportation shall notify the department of the
location, nature and extent of the proposed work that may affect the waters of the state.
(b) The exemption under par. (a) does not apply unless the activity is accomplished in accordance with interdepartmental liaison procedures
established by the department and the department of transportation for the purpose of minimizing the adverse environmental impact, if any, of
the activity.
(c) If the department determines that there is reasonable cause to believe that an activity being carried out under this subsection is not in
compliance with the environmental protection requirements developed through interdepartmental liaison procedures, it shall notify the
department of transportation. If the secretary and the secretary of transportation are unable to agree upon the methods or time schedules to
be used to correct the alleged noncompliance, the secretary, notwithstanding the exemption provided in this subsection, may proceed with
enforcement actions as the secretary deems appropriate.
(d) The department of transportation and the department shall exchange information and cooperate in the planning and carrying out of such
activities in order to alleviate, to the extent practical under the circumstances, any potential detrimental encroachment on the waters of the
state.
(e) Except as may be required otherwise under s. 1.11, no public notice or hearing is required in connection with any interdepartmental
consultation and cooperation under this subsection.
30.121 Regulation of boathouses and houseboats.
(2) Prohibitions. After December 16, 1979 no boathouse or fixed houseboat may be constructed or placed beyond the ordinary high-water
mark of any navigable waterway.
(3) Maintenance. The riparian owner of any boathouse or fixed houseboat extending beyond the ordinary high-water mark of any navigable
waterway may repair and maintain the boathouse or fixed houseboat if the cost of the repair or maintenance does not exceed 50% of the
equalized assessed value of the boathouse or fixed houseboat. If the boathouse or fixed houseboat is not subject to assessment, the owner may
make repairs if the cost of the repair or maintenance does not exceed 50% of the current fair market value of the boathouse or fixed houseboat.
(3g) Exception; historical or cultural value. Subsection (3) does not apply to the repair or maintenance of a boathouse or a fixed houseboat
if the boathouse or fixed houseboat has a historic or cultural value, as determined by the state historical society or a local or county historical
society established under s. 44.03.
(3m) Exception; certain single-story boathouses. Notwithstanding subs. (2) and (3), a person may construct, repair or maintain a
single-story boathouse over an authorized waterway enlargement if:
(a) The boathouse does not extend beyond the ordinary high-water mark as it existed prior to the creation of the enlargement;
(b) The boathouse covers the entire enlargement; and
(c) Living quarters or plumbing fixtures are not constructed in the boathouse.
(3r) Exception; damages after January 1, 1984. Subsections (2) and (3) do not apply to the repair or reconstruction of a damaged boathouse
if the boathouse was damaged by violent wind, vandalism or fire and if the damage occurs after January 1, 1984.
(4) Major repair, abandoned structures and obstructions to navigation. The owner of a boathouse or a fixed houseboat which extends
beyond the ordinary high-water mark of any navigable waterway and which is in a major state of disrepair or is a material obstruction to
navigation may be ordered by the department to remove the structure from the waterway. The department shall follow the procedures set forth
in s. 30.03 (4) (a) for ordering removal of a structure. If such a structure is abandoned and the department, after due diligence, cannot locate the
owner, the department shall utilize the procedures set forth in s. 31.187 (1) for removing the abandoned structure.
(5) Applicability. Boathouses or fixed houseboats owned by the state or by local units of government shall comply with this section. This
section does not apply to any structure listed on the national register of historic places in Wisconsin or the state register of historic places.
(6) Rules. The department may promulgate rules deemed necessary to carry out the purposes of this section. The rules may not govern the
aesthetic features or color of boathouses.
(7) Penalties. Any person who constructs, owns or maintains a boathouse or fixed houseboat in violation of this section or in violation of any
order issued under this section shall forfeit not less than $10 nor more than $50 for each offense. Each day a structure exists in violation of this
section constitutes a separate offense.
History: 1979 c. 101; 1981 c. 117; 1983 a. 27 s. 2202 (38); 1987 a. 374, 395; 1995 a. 27; 2001 a. 16.
Cross Reference: See also ch. NR 325, Wis. adm. code.
A boathouse on a navigable, artificially created waterway maintained over private property with waters from a natural waterway
is subject to regulation. Klingeisen v. DNR, 163 Wis. 2d 921, 472 N.W.2d 603 (Ct. App. 1991).
An administrative rule permitting repairs not authorized by this section was invalid. Oneida County v. Converse, 180 Wis. 2d 120,
508 N.W.2d 416 (1993).
The legislation creating sub. (3r) was not an unconstitutional private bill. Sub. (3r) preempts contrary local zoning ordinances.
Pace v. Oneida County, 212 Wis. 2d 448, 569 N.W.2d 311 (Ct. App. 1997).
30.122 Unauthorized structures. All permanent alterations, deposits or structures affecting navigable waters, other than boathouses, which
were constructed before December 9, 1977 and which did not require a permit at the time of construction, shall be presumed in conformity with
the law, unless a written complaint is filed within 180 days of December 9, 1977. Upon the filing of a complaint, the department shall proceed
with an action to enforce the applicable statutes.
History: 1977 c. 189.
30.13 Regulation of wharves, piers and swimming rafts; establishment of pierhead lines.
(1) Construction allowed without permit under certain circumstances. A riparian proprietor may construct a wharf or pier in a navigable
waterway extending beyond the ordinary high-water mark or an established bulkhead line in aid of navigation without obtaining a permit under s.30.12 if all of the following conditions are met:
(a) The wharf or pier does not interfere with public rights in navigable waters.
(b) The wharf or pier does not interfere with rights of other riparian proprietors.
(c) The wharf or pier does not extend beyond any pierhead line which is established under sub. (3).
(d) The wharf or pier does not violate any ordinances enacted under sub. (2).
(e) The wharf or pier is constructed to allow the free movement of water underneath and in a manner which will not cause the formation of land
upon the bed of the waterway.
(1m) Swimming rafts allowed without permit under certain circumstances. A riparian proprietor may place a swimming raft in a
navigable waterway for swimming and diving purposes without obtaining a permit under s. 30.12 if all of the following conditions are met:
(a) The swimming raft does not interfere with public rights in navigable waters.
(b) The swimming raft does not interfere with rights of other riparian proprietors.
(c) The swimming raft is placed within 200 feet of shore.
(2) Wharves, piers and swimming rafts regulated. A municipality may enact ordinances not inconsistent with this section regulating the
construction and location of wharves, piers and swimming rafts located within or attached to land within that municipality.
(3) Establishment of pierhead lines.
(a) Any municipality authorized by s. 30.11 to establish a bulkhead line may also establish a pierhead line in the same manner as it is authorized
to establish a bulkhead line, except that a metes and bounds legal description is not required nor is the map required to be prepared by a
registered land surveyor and except that if the municipality has created a board of harbor commissioners the municipality must obtain the
approval of the board concerning the establishment of the pierhead line in addition to obtaining the approval of the department.
(b) Any pierhead line established by a municipality shall be established in the interest of the preservation and protection of its harbor or of public
rights in navigable waters.
(4) Unlawful obstruction.
(a) Interferes with public rights. A wharf or pier which interferes with public rights in navigable waters constitutes an unlawful obstruction of
navigable waters unless a permit is issued for the wharf or pier under s. 30.12 or unless authorization for the wharf or pier is expressly provided.
(b) Interferes with riparian rights. A wharf or pier which interferes with rights of other riparian proprietors constitutes an unlawful
obstruction of navigable waters unless a permit is issued for the wharf or pier under s. 30.12 or unless authorization for the wharf or pier is
expressly provided.
(c) Extends beyond pierhead line; exception. A wharf or pier which extends into navigable waters beyond any pierhead line established
under sub. (3) constitutes an unlawful obstruction of navigable waters unless a valid permit, license or authorization for the wharf or pier is
granted or unless it is a permissible preexisting wharf or pier. A wharf or pier is a permissible preexisting wharf or pier if it existed prior to the
establishment of the pierhead line, if it is not extended or expanded after that date and if the ownership of the land to which it is attached did not
change after that date except that a wharf or pier continues its status as a permissible preexisting wharf or pier for one year after the date the
change of ownership is recorded. The seasonal removal of a wharf or pier does not affect its status as a permissible preexisting wharf or pier if
it is reestablished in substantially the same form. Status as a permissible preexisting wharf or pier does not imply that authorization for the wharf
or pier is provided for the purposes of par. (a) or (b). The owner of a wharf or pier may submit evidence to the municipality that it is a
permissible preexisting wharf or pier at any time after the municipality establishes the pierhead line.
(d) Violates regulations. A wharf or pier which violates the regulations contained in sub. (2) or in any ordinance enacted under sub. (2)
constitutes an unlawful obstruction of navigable waters.
(5m) Removal of wharves and piers in navigable waters.
(a)
1. The governing body of a city, village or town or a designated officer may order the owner of a wharf or pier which constitutes an unlawful
obstruction of navigable waters under sub. (4) to remove that portion of the wharf or pier which constitutes an unlawful obstruction.
2. The governing body of a city, village or town or a designated officer may order the owner of a wharf or pier in navigable waters which in its
judgment is so old, dilapidated or in need of repair that it is dangerous, unsafe or unfit for use to repair or remove the wharf or pier. If the
governing body of a city, village or town or a designated officer determines that the cost of repair is likely to exceed 50% of the equalized
assessed value of the wharf or pier or, if the wharf or pier is not subject to assessment, if the cost of repair is likely to exceed 50% of the current
fair market value, then repair is presumed unreasonable and the wharf or pier is presumed to be a public nuisance.
3. An order under this paragraph shall be served upon the owner or person responsible in the manner provided for the service of a summons in
circuit court. If the owner or person responsible cannot be found, the order may be served by posting it on the wharf or pier and by publishing it
as a class 3 notice under ch. 985. The order shall specify the action to be taken and the time within which it shall be complied with. At least 50
days must be allowed for compliance.
(b)
1. If the owner or person responsible fails to comply with an order issued under par. (a), the governing body of a city, village or town or a
designated officer may cause the wharf or pier to be removed through any available public agency or by a contract or arrangement by a private
person. The cost of the removal may be charged against the real estate on which or adjacent to which the wharf or pier is located, constitutes a
lien against that real estate and may be assessed and collected as a special tax. The governing body of the city, village or town or the designated
officer may sell any salvage or valuable material resulting from the removal at the highest price obtainable. The governing body of the city,
village or town or the designated officer shall remit the net proceeds of any sale, after deducting the expense of the removal, to the circuit court
for use of the person entitled to the proceeds subject to the order of the court. The governing body of the city, village or town or the designated
officer shall submit a report on any sale to the circuit court which shall include items of expense and the amount deducted. If there are no net
proceeds, the report shall state that fact.
2. If the owner or person responsible fails to comply with an order issued under par. (a), the governing body of a city, village or town or a
designated officer may commence an action in circuit court for a court order requiring the person to comply with the order issued under par. (a).
The court shall give the hearing on this action precedence over other matters on the court's calendar and may assess costs.
(c) A person affected by an order issued under par. (a) may apply to circuit court within 30 days after service of the order for a restraining
order prohibiting the governing body of the city, village or town or the designated officer from removing the wharf or pier. The court shall
conduct a hearing on the action within 20 days after application. The court shall give this hearing precedence over other matters on the court's
calendar. The court shall determine whether the order issued under par. (a) is reasonable. If the court finds that the order issued under par. (a)
is unreasonable, it shall issue a restraining order or modify it as the circumstances require and the governing body of the city, village or town or
the designated officer may not issue another order under par. (a) with respect to the wharf or pier unless its condition is substantially changed.
The court may assess costs. The remedy provided under this paragraph is exclusive and no person affected by an order issued under par. (a)
may recover damages for the removal of a wharf or pier under this section.
(6) Dock line not invalidated. A dock line lawfully established before January 1, 1960, is a lawfully established pierhead line.
History: 1981 c. 252; 1987 a. 374; 1999 a. 150 ss. 3, 120, 123, 125, 127, 129, 131, 133.
Cross Reference: See also ch. NR 326, Wis. adm. code.
When a DNR decision prohibited a structure under s. 30.13 and the riparian owner did not seek review under s. 227.20 [now
227.57], the trial court had no jurisdiction to hear an action by the owner seeking a declaration that the structure was a "pier"
permitted under s. 30.13. Kosmatka v. DNR, 77 Wis. 2d 558, 253 N.W.2d 887 (1977).
In considering whether a proposed structure is detrimental to the public interest, the DNR is authorized to weigh relevant policy
factors including the preservation of the natural beauty of the state's waters, the public's fullest use of the waters, and the convenience
of riparian owners. Sterlingworth Condominium Association v. DNR, 205 Wis. 2d 710, 556 N.W.2d 702 (Ct. App. 1996).
The permitting criteria under DNR rules are supplemental to the criteria under sub. (1). To escape the requirement of obtaining a
permit, the requirements of both the statute and rules must be met. Sea View Estates Beach Club, Inc. v. DNR, 223 Wis. 2d 138, 588
N.W.2d 667 (Ct. App. 1998).
30.131 Wharves and piers placed and maintained by persons other than riparian owners.
(1) Notwithstanding s. 30.133, a wharf or pier of the type which does not require a permit under ss. 30.12 (1) and 30.13 that abuts riparian land
and that is placed in a navigable water by a person other than the owner of the riparian land may not be considered to be an unlawful structure
on the grounds that it is not placed and maintained by the owner if all of the following requirements are met:
(a) The owner of the riparian land or the owner's predecessor in interest entered into a written easement that was recorded before December
31, 1986, and that authorizes access to the shore to a person who is not an owner of the riparian land.
(b) The person to whom the easement was granted or that person's successor in interest is the person who places and maintains the wharf or
pier.
(c) The placement and maintenance of the wharf or pier is not prohibited by and is not inconsistent with the terms of the written easement.
(d) The wharf or pier has been placed seasonally in the same location at least once every 4 years since the written easement described in par.
(a) was recorded.
(e) The wharf or pier is substantially the same size and configuration as it was on April 28, 1990, or during its last placement before April 28,
1990, whichever is later.
(f) The placement of the wharf or pier complies with the provisions of this chapter, with any rules promulgated under this chapter and with any
applicable municipal regulations or ordinances.
(2) Notwithstanding s. 30.133, an easement under sub. (1) may be conveyed if it is conveyed at the same time, and to the same person, that the
land to which the easement is appurtenant is conveyed.
History: 1989 a. 217; 1993 a. 167.
The application of s. 30.131 is discussed. Godfrey Co. v. Lopardo, 164 Wis. 2d 352, 474 N.W.2d 786 (Ct. App. 1991).
This section does not grant rights to a nonriparian owner vis a vis a riparian owner. The statute speaks only to the lawfulness of a
pier maintained under a nonriparian access easement. The terms and purpose of the easement may include the right to use and
maintain the pier. Wendt v. Blazek, 2001 WI App 91, 242 Wis. 2d 722, 626 N.W.2d 78.
30.133 Prohibition against conveyance of riparian rights.
(1) Beginning on April 9, 1994, no owner of riparian land that abuts a navigable water may convey, by easement or by a similar conveyance, any
riparian right in the land to another person, except for the right to cross the land in order to have access to the navigable water. This right to
cross the land may not include the right to place any structure or material in the navigable water.
(2) This section does not apply to riparian land located within the boundary of any hydroelectric project licensed or exempted by the federal
government, if the conveyance is authorized under any license, rule or order issued by the federal agency having jurisdiction over the project.
History: 1993 a. 167.