pier rights legislation in Wisconsin, the Wisconsin Legislature passed 2003 Wisconsin Act 118 which revised, That the pier or wharf does not interfere with the rights of other, The Pier Protection Bill (LRB 3718/2) is a reintroduction of legislation passed, The reach from land to water , interferes with public rights in the waterway or the rights of, Wisconsin Water Law A Guide
to Water Rights and Regulations, Wisconsin Water Law A Guide to Water Rights and Regulations. unit or lock box the purchase of which gives the buyer rights to use a. pier slip, Pier rule revisions, Under the bill all piers with a deck no larger than 400 square feet are grandfathered if the pier does not interfere with the rights of neighboring, When the legislature passed 2003
Act 118 Wisconsin’s pier law changed. Act 118, changed the statute to set up a pier permit process and established within, Wisconsin Water Law, The Pier Protection Bill (LRB 3718/2, A Guide to Water Rights and Regulations, a deck no larger than 400 square feet, Wisconsin’s pier law
Protecting pier owners' rights, Key milestones in Wisconsin's regulation of piers, right to a pier, for navigation, 1933 State law requires, the "public rights" standards under the law, to avoid needing a permit for their pier, The Pier Protection Act is about protecting the property rights of everyone in Wisconsin, someone has the right to place a pier on Lake Wisconsin either by
owning, Statute 30.133 reads Prohibition against conveyance of riparian rights, the Wisconsin Supreme Court has ruled that the public's rights supersede those, Leaders in the Assembly began drafting their own pier legislation after the, New Pier Regulations Proposed In Wisconsin Likely Will Have Minimum, rules regarding pier specifications proposed by the Wisconsin
Department of Natural Resources,
to Water Rights and Regulations, Wisconsin Water Law A Guide to Water Rights and Regulations. unit or lock box the purchase of which gives the buyer rights to use a. pier slip, Pier rule revisions, Under the bill all piers with a deck no larger than 400 square feet are grandfathered if the pier does not interfere with the rights of neighboring, When the legislature passed 2003
Act 118 Wisconsin’s pier law changed. Act 118, changed the statute to set up a pier permit process and established within, Wisconsin Water Law, The Pier Protection Bill (LRB 3718/2, A Guide to Water Rights and Regulations, a deck no larger than 400 square feet, Wisconsin’s pier law
Protecting pier owners' rights, Key milestones in Wisconsin's regulation of piers, right to a pier, for navigation, 1933 State law requires, the "public rights" standards under the law, to avoid needing a permit for their pier, The Pier Protection Act is about protecting the property rights of everyone in Wisconsin, someone has the right to place a pier on Lake Wisconsin either by
owning, Statute 30.133 reads Prohibition against conveyance of riparian rights, the Wisconsin Supreme Court has ruled that the public's rights supersede those, Leaders in the Assembly began drafting their own pier legislation after the, New Pier Regulations Proposed In Wisconsin Likely Will Have Minimum, rules regarding pier specifications proposed by the Wisconsin
Department of Natural Resources,
All owners of existing piers that exceed the new DNR standards will have to obtain a permit and pay a permit fee in order to keep their pier. The size of the pier determines which type of permit the property owner must obtain and how much he has to pay for the permit. The bigger the pier, the more the property owner has to pay and the more discretion the DNR will have in determining whether to issue the permit. Exemption standards – Property owners with existing piers that meet ALL of the following standards will not be required to obtain a permit unless the DNR decides to apply the recapture provision (see below): The pier is not located in a “sensitive area” (see below); Placement of the pier does not require removal of “large woody cover” or aquatic plants; The pier does not extend beyond a three-foot water depth or beyond a point deep enough to moor a boat; The pier is no wider than six feet; The waterfront property has no more than two boat slips for the first 50 feet of shoreline frontage, and no more than one additional slip for each additional full 50 feet of shoreline frontage. General permit standards – Property owners with existing piers that do not meet all of the exemption criteria, but meet all of the following standards, must pay $50 and obtain a general permit to keep their existing piers if the pier: was originally placed before February 6, 2004; is wider than six feet, but less than eight feet; has a deck or platform at the end of the pier wider than six feet (measured across the shortest horizontal distance), but less than eight-feet-wide and does not exceed 160-square-feet in surface area; extends beyond three feet of water depth or beyond a point deep enough to moor a boat, whichever is greater; has more than two boat slips for the first 50 feet of shoreline frontage and more than one additional boat slip for each additional full 50 feet thereafter. Individual permit standards – If a pier exceeds any of these standards, the property owner must pay $300 and obtain an individual permit to keep his existing pier. An application for an individual permit will receive close scrutiny by the DNR, including an investigation and a visit to the property. New exemption criteria – Although the statutes specify that piers will be exempt if they meet certain dimensional standards (see above), the proposed rules add additional requirements. Piers will not be exempt from the permitting requirements if the pier is located in a “sensitive area” or if a “large woody cover” must be removed in order to place the pier. A “sensitive area” is “an area of aquatic vegetation offering critical or unique fish and wildlife habitat or offering water quality or erosion control benefits to the body of water.” These areas are identified by the DNR and listed on their website, but appear to have a very broad application. Additionally, a pier will not be exempt from permitting requirements if “large woody cover” or “aquatic plants” must be removed in order to place the pier. The term “large woody cover” is not defined in the rules. Wooded lots or waters with heavy weed coverage could be significantly impacted. Recapture provision – Even if an existing pier meets the exemption criteria or the criteria for a general permit, the DNR retains the authority to require ANY pier to apply for an individual permit if it determines the pier causes: significant adverse impacts to the public’s rights and interests; environmental pollution; or material injury to the rights of any riparian owner. (See Wis. Stat. § 30.12(2m)) The statutes do not define most of these terms nor do they create a deadline for when this determination must be made. Accordingly, a property owner cannot be 100 percent sure he will be “grandfathered” under the proposed rules as they are currently drafted. Rulemaking Process The proposed rules will be presented to the Natural Resources Board on September 28. If the board approves the rules, the rules will then be sent to the Legislature for review. In November or December the Senate Natural Resources and Transportation Committee and the Assembly Natural Resources Committee will review the rules and hold public hearings. If the committees have concerns about the proposed rules, they have the authority to reject the rules or to request modifications. Conclusion The Wisconsin REALTORS® Association will continue to seek changes to the proposed rules to ensure that existing piers are grandfathered and that the rights of waterfront property owners to place piers are protected. If you have any questions or concerns about the proposed pier rules, please contact Tom Larson (tlarson@wra.org) at 608-240-8254. Published: October 10, 2005 October 2005 Issue Find the DNR website by clicking here: DNR.wi.gov/org CONTACT the Wisconsin Realtors Association website: WRA.org |
PIER RIGHTS &
YOUR PROPERTY OWNERSHIP
YOUR PROPERTY OWNERSHIP
NOW, THEREFORE, I, JIM DOYLE, Governor of the State of Wisconsin, by virtue of the authority vested in me by the Constitution and Laws of the State of Wisconsin, do hereby: 1. Take this action to provide waterfront property owners certainty, to the fullest extent possible, as to their rights to place piers and wharves; 2. Direct the Department of Natural Resources to do the following: a. Not seek removal or modification of any pier or wharf originally placed by the waterfront property owner before February 6, 2004, provided that: i. The pier or wharf does not exceed 8 feet in width; ii. Does not have a wider loading platform at the waterward end of the pier that is more than 200 square feet or more than 300 square feet if it is no more than 10 feet wide; iii. That the pier or wharf does not interfere with the rights of other waterfront property owners; and iv. That the pier or wharf was not the subject of enforcement action initiated by the Department before February 6, 2004; b. Continue to allow minor reconfigurations or relocations of any pier or wharf originally placed by the waterfront property owner before February 6, 2004, provided that the size of the pier or wharf is not increased; c. Continue to recognize the terms of any existing permit or other written authorization for a pier or wharf provided that the pier or wharf is in compliance with the conditions of the permit or authorization; d. Not seek removal or modification of any pier or wharf originally placed by the waterfront property owner on or after February 6, 2004, provided that: i. The pier or wharf does not harm the public interest; ii. The pier or wharf is no more than 6 feet wide except that a pier may have a loading platform at the waterward end that is not more than 8 feet wide and which is perpendicular to the pier; and iii. The pier or wharf meets existing length and boat slip density standards; e. Continue to implement the terms of s. NR 326.04(1) with respect to pier length by allowing piers to extend the greater of the three foot depth contour or to the point where there is adequate depth for mooring a boat or using a boat hoist or boat lift in common use on the waterway; f. Grant an individual permit for new piers or wharves on lakes 50 acres or more, for a property on which there are three (3) or more dwelling units or commercial structures, provided that the standards in s. 30.12(3m), Stats., are met, and provided that the piers or wharves are not located in an area of special natural resource interest, and provided that the piers or wharves do not have more than the following number of boat slips, whichever is smaller: i. Four (4) boat slips for the first 50 feet of the property’ s shoreline footage and no more than two (2) boat slips for each additional 50 feet of the property’s shoreline footage; or ii. One boat slip for each dwelling unit, plus an additional number of boat slips if the additional slips are open to the public and the use of the additional slips is limited to the transient docking of boats for less than 24 hours; g. Continue to accept and review individual permit applications for any new or existing pier or wharf; h. Continue its practice of refraining from ordering the removal of any pier or wharf or from denying a permit for any pier or wharf unless all reasonable alternatives are considered. 3. General Provisions. a. Nothing in this Executive Order creates any right, benefit, or trust responsibility, substantive or procedural, enforceable at law by a person against the State of Wisconsin, its agencies, or any person. b. Nothing in this Executive Order shall require the Department of Natural Resources to violate or ignore any laws, rules, directives or other legal requirements or obligations imposed by state or federal law. c. This Executive Order does not limit any person’s rights or obligations otherwise provided by law. Printed: 5/19/2006 (Executive Order n. a President's or Governor's declaration which has the force of law, usually based on existing statutory powers, and requiring no action by the Congress or State Legislature.) **** 10 May 2006 DNR is updating pier rules to carry out a 2004 law, 2003 Wisconsin Act 118, often called the Job Creation Act, which sought to streamline the state’s waterway project permitting system. Todd Ambs, the Department of Natural Resources’ top water official, told board members the rules meet four goals: they set clear standards that make it easy for people to know if they need a permit and they assure that new piers will be reasonably sized to protect Wisconsin waters in the future while allowing people to dock their boats and get into them, the use recognized by state law. |
The previous proposal required a $50 charge to cover administrative costs associated with the registration system, and gave people less time to register their pier, according to Mike Staggs, Wisconsin’s fisheries director The rules approved today also mirror the exemption size standards set in the 2004 law instead of allowing a pier with a 120-square foot deck to be exempt. And finally, they correct a minor error to assure a provision concerning the St. Croix River is consistent with state and federal policy. Some citizens do not agree with the suggestion that “Structures and other activities displace or destroy aquatic plants, and that downed trees and other natural habitat in these areas can impact fish, fishing and water quality”. Staggs also says, “Piers and their associated boats shade out aquatic plants that are critical habitat for the insects and other invertebrates that are important components of aquatic ecosystems, including as food for fish.” For More Information on this decision Contact (s): Todd Ambs, (608) 264-6278; Mike Staggs (608) 267-0796. DNR Central Office – Madison, PO Box 7921, Madison WI 53707. Phone: (608) 266-6790 Fax: (608) 264-6293. Website: www. dnr.state.wi.us 3/6/2006 New Pier Regulations WRA Message to Legislators: Pass legislation to permanently grandfather existing piers that were lawful when originally placed. • The Department of Natural Resources (DNR) is proposing new administrative rules to regulate new and existing piers. • The intent of these new rules is to limit the size and length of piers, based on the assumption that all such structures have a detrimental impact on water quality and aquatic habitat. • The new proposed rules create new dimensional standards that will be applied not only to all new piers, but also retroactively to all existing piers. • While the DNR admits that this will likely make thousands of existing piers illegal, they don’t know how many for sure. In fact, they are not sure how many existing piers we have in the state. • The DNR claims that 99 percent of the existing piers will be “grandfathered,” but this estimate is based upon a study of only 35 lakes (Wisconsin has over 15,000 lakes) during September 2005 (toward the end of the boating season). Prior to this study, the DNR estimated that only 80 to 85 percent of the piers would be “grandfathered.” • In December, the DNR made some positive changes to the rules that will seemingly grandfather more piers. However, the rules contain a provision (called the “recapture provision”) that gives the DNR broad discretionary authority to require EVERY pier in the state (even those piers considered to be “grandfathered”) to obtain an individual permit, if the DNR determines the pier will cause (a) significant adverse impacts to the public’s rights or (b) material injury to neighbor’s rights. The standards are not defined, and the DNR has broad latitude in interpreting them. • Over the last several weeks, Representative Scott Gunderson and Senator Neal Kedzie have brought all the interested parties together in hopes of resolving the outstanding issues on piers. Through their leadership, a compromise may be reached within the very near future. • The WRA is asking the Legislature to pass legislation that prevents (a) new standards from being applied retroactively to existing piers that were legal when placed, and (b) creating vague standards that give the DNR broad discretionary authority to require any pier in the state to obtain an individual permit and cause waterfront property owners tremendous uncertainty. *************** From the DNR: Last Revised: Thursday December 15 2005 Proposed Updates to Rules for Piers, Boat Shelters and Swimming Rafts For more than 70 years, some piers have been required to get a state review to assure they don't present a safety hazard, harm critical fish habitat, or interfere with recreation. DNR is now updating pier rules to reflect changes under a 2004 law. The Natural Resources Board (NRB) adopted revisions to NR 326, Wisconsin Administrative Code, on December 7, 2005. The rule revisions are awaiting legislative review and are expected to go into effect in Spring 2006. Factsheet on Rule Revisions (PDF, 124KB) Complete NR 326 adopted by NRB (PDF, 152KB) Key milestones in Wisconsin's regulation of piers (PDF, 15KB). |
As background, a recent study of Wisconsin piers (PDF, 144KB) looked at the number and sizes of piers on Wisconsin waters. 85% are under 6 feet wide, extend to the three foot water depth or the depth needed to moor a specific boat, and have mooring space for boats in proportion to shoreline ownership. 99% would need no change under the adopted rule revisions. Less than 1% have very large desks at end, more than 200 square feet. A print-ready gallery of photographs shows which piers do not need a permit and those that do, and the critical shallow-water habitat the rules aim to protect. Studies in Wisconsin and elsewhere have shown that all piers, and the boats associated with them, have impacts, but that wide piers and decks are particularly damaging. Piers cause shading, which retards growth of the aquatic plants critical for fish habitat, which in turn affects the macro invertebrates and fish populations. Boats docked at the piers enlarge the area being shaded, and boat traffic can chop up and uproot aquatic plants, impact water clarity, and exacerbate shoreline erosion. --------------------- For more information about the procedures for Exemptions, General Permits and Individual Permits, CLICK HERE to see Permit Process Today. For more information about proposed revisions to NR 326, contact Liesa Lehmann, DNR Waterway Policy Coordinator, (608) 266-2997. Last Revised: Thursday December 15 2005 ************* 20 November 2005 The DNR is stalling on presenting their new "RULES" for landowners who have piers on any Wisconsin waterway. Now a meeting is set for Wednesday 7 December 2005 to be held in Madison at the State Natural Resources Building, 101 S Webster St. Rm. G09. The agenda can be found at this link: http//dnrwigov/org/nrboard/agenda/Dec%207,% 202005.pdf This is just one issue the board will be addressing. This is not a special pier rules meeting. Also, while the meeting is open to the public and there is a public participation period, this is not a public hearing or informational meeting on the pier rules, The DNR stated. The DNR Officials still state that piers negatively affect fish and aquatic plant life, public safety, and violate State Constitutional provisions guaranteeing the publics right to waters in the State of Wisconsin. ********************************************************************* New Pier Rules to Be Applied Retroactively to Existing Piers Published: October 10, 2005 By Tom Larson Madison, WI - The Wisconsin Department of Natural Resources (DNR) recently completed the final draft of new administrative rules regulating the size and placement of piers (Wis. Admin. Code Ch. NR 326). The proposed pier rules will apply to both new piers and existing piers. Any pier that does not meet the requirements will be required to be modified or removed to ensure compliance with the new standards. Background In January of 2004, Governor Doyle signed into law new statutory standards for piers. Under these standards, a pier does not need a permit if it meets specific dimensional requirements. If a property owner wants to place a pier that exceeds these requirements, a special permit must be obtained from the DNR. During the spring of 2004, the DNR introduced “emergency rules” to provide additional regulations related to piers. “Emergency rules” are temporary administrative rules that bypass the standard rulemaking procedures, such as public notice and hearings. Because these rules would have made thousands of existing piers illegal, the Legislature immediately suspended the rules and directed the DNR to draft new rules. To assist in the development of the new rules, the DNR created an advisory group made up of environmentalists, campground owners, marine contractors, and a REALTOR®. The group met for nine months, but was unable to reach a consensus. Nevertheless, the DNR has decided to move forward with the rules. Proposed Rules The final draft of the pier rules are an improvement over the proposed emergency rules because fewer existing piers will be illegal. However, the rules still contain a number of provisions that should be of concern to waterfront property owners, such as: Retroactive application to existing piers – As indicated above, the proposed rules create new standards that are to be applied to existing piers. The DNR recognizes that this is the most controversial aspect of the proposed rules and has attempted to downplay the rules’ impact on existing piers. As part of its public relations materials, the DNR claims that “virtually all larger piers will be grandfathered” under the proposed rules. However, saying that these piers will be “grandfathered” is somewhat misleading. |
MOLONY REAL ESTATE
377 CLARK STREET
PO BOX 194, LODI, WI 53555
608-592-7306 & 608-445-8464
Website: MolonyRealEstate.com
Email: MolonyRealEstate@Yahoo.com
377 CLARK STREET
PO BOX 194, LODI, WI 53555
608-592-7306 & 608-445-8464
Website: MolonyRealEstate.com
Email: MolonyRealEstate@Yahoo.com
UPDATE
For the 2008 PIER RIGHTS BROCHURE Click here:
"New Law Allows Exceptions for Older Piers"
Green Bay News-Chronicle (04/21/08) Kyle,
Keegan
Wisconsin officials hope a new exemption from
pier regulation will provide property owners with
additional guidance as to whether their
structures are legitimate under Wisconsin rules.
The new law establishes a different category of
regulation for piers erected in navigable waters
prior to Feb. 6, 2004. The Wisconsin
REALTORS® Association lobbied strongly for
this "grandfathered" exemption due to concern
that the tougher 2004 protocols would reduce the
value of waterfront property. "The original rules
as they were proposed would have meant tens of
thousands of piers across the state would not
have been legal," said Joe Murray, director of
political and government affairs. "Outside of the
state budget, this was our biggest issue." Under
the grandfather standard, piers may be as large
as eight feet in width and have a loading deck or
platform of as much as 300 square feet, although
no more than 10 feet in width. The 2004
regulation permits new piers to be as wide as six
feet and have an end platform no bigger than
eight feet in width. The law took effect on April
16, and stresses that owners of grandfathered
piers may fix, maintain, or replace their piers
without losing their right, although they cannot
be expanded. Department of Natural Resources
water division administrator Todd Ambs
explained that his agency will enforce the new
system mostly based on complaints. Highly-
developed regions could encounter more trouble
since there is larger potential for navigational
obstacles or habitat decimation, he noted.
Return to Headlines
"Law Creates Clear Pier Rules"
Marshfield News Herald (WI) (04/13/08) Shuda,
Nathaniel
In Wisconsin last week, a bill signed into law by
Gov. Jim Doyle has REALTORS® and waterfront
property owners applauding. The new law
protects piers by creating clear, unified
regulations. Wisconsin REALTORS® Association
Chairman Mike Spranger remarks, "I think there
was ambiguity between counties, and now it's a
statewide provision. What we were trying to do is
give [property owners] a standard they can rely
on." Specifically, the new law protects existing
piers and wharves up to eight feet wide and
decks on the end that are 200-square-feet or less
from future regulations. Additionally, it qualifies
decks between 200 and 300 feet as long as they
are no wider than 10 feet. However, in order to
qualify for an exemption, property owners must
register their piers with the state's Department of
Natural Resources within the next three years.
Spranger adds, "Property owners who are buying
or selling can know whether it's compliant based
on its size." He said the new standards exempt
almost 99 percent of piers statewide.
Published: 5/14/2007
Legislature to Consider the
“Pier Protection Bill” … Again
By: Tom Larson
The Wisconsin Legislature is once again
looking to permanently protect most existing
piers from new pier size standards. This has
been a very controversial issue over the last
several years in light of proposed DNR
regulations that would have made thousands
of existing piers illegal. While key
stakeholders were close to reaching a
compromise during the last legislative
session, we are hopeful that both houses in
the Legislature will agree to compromise
legislation (“The Pier Protection Bill”)
intended to protect both the rights of
waterfront property owners and the public
use of our waterways.
Background
In 2004, new pier standards were inserted in
the Wisconsin Statutes as part of the “Job
Creation Act.” These standards required a
permit for any pier that:
Extends beyond a 3-foot water depth or deep
enough to moor a boat;
Is wider than 6 feet, or;
Has no more than two boat slips for the first
50 feet of shoreline frontage, and one boat
slip for each additional 50 feet of shoreline
frontage.
However, the language was silent as to
whether the standards were to be applied to
new piers only or whether they were to apply
retroactively to existing piers as well.
Legislative authors of the “Job Creation Act”
maintain that the standards were to apply to
new piers only, while others claim that they
were to apply to both new and existing piers.
If applied retroactively, tens of thousands of
existing piers would be illegal and owners
would be required to bring them into
compliance or obtain a special permit from the
DNR.
Over the last several years, the DNR has made
several attempts to address this issue
through administrative rules. However, each
draft of the rule continued to make thousands
of piers illegal, resulting in strong public
backlash and opposition to the proposed rule.
Last session, a compromise was reached …
almost. Representative Scott Gunderson and
Senator Neal Kedzie negotiated a compromise
that was supported by Governor Doyle, the
DNR, the Wisconsin REALTORS® Association,
the Wisconsin Builders Association, and
environmental groups. The Senate version of
the bill (Assembly Bill 850) passed the Senate
with strong bipartisan support (30 to 3 vote).
The bill was then modified slightly by the
Assembly and the compromise was gone.
Governor Doyle eventually vetoed the bill.
Because no compromise has been reached
over the last three years, many waterfront
property owners are uncertain whether their
current pier is legal or not.
| Molony REAL ESTATE 377 CLARK STREET PO BOX 194, LODI, WI 53555 608-592-7306 & 608-445-8464 Website: MolonyRealEstate.com Email: MolonyRealEstate@Yahoo.com |