Legislation I supported to protect the existing piers of waterfront property owners has been approved by the Legislature and signed into law by the governor.
The Wisconsin Realtors Association that was part of a wide-ranging coalition that worked on the legislation reports Assembly Bill 297 will protect about 99% of current piers by grandfathering standards for those piers. Piers up to 8-feet wide and loading platforms or “decks” that are 200 square feet or less will be exempted as will decks between 200 and 300 square feet, as long as they are no wider than 10 feet.
A balance needed to be struck between the rights of waterfront property owners whose families have maintained piers for decades and the rights of the public to have access to Wisconsin’s wonderful waterways. Assembly Bill 297 provides that balance.
Owners of piers that will not be grandfathered should find the process of obtaining permits to keep their piers easier.
There are plenty of details to consider about the new law that went into effect April 14, 2008.
Conditions under previous law remain intact in the new law. A riparian owner is exempt from obtaining a permit for piers and wharves that meet all of the following requirements according to the Wisconsin Legislative Council:
- Is not more than six feet wide.
- Extends no farther than to a point where the water is three feet at its maximum depth or where there is adequate depth for mooring a boat, whichever is farther from the shoreline.
- Has no more than two boat slips for the first 50 feet of the riparian owner’s shoreline footage and no more than one additional boat slip for each additional 50 feet of shoreline.
- Is located in an area other than an area of special natural resource interest, as defined in the statutes.
- Does not interfere with the riparian rights of other riparian owners.
The new law expands the exemption mentioned above for a pier (but not a wharf) to allow a loading platform at the end of the pier that is perpendicular to the pier, is located on either or both sides of the pier, and is no more than eight feet wide.
The exemptions apply to piers and wharves that were placed on the bed of a navigable water on or before February 6, 2004.
Piers and wharves that were in place on or before February 6, 2004 that do not meet the previously mentioned requirements are referred to as “grandfathered piers and wharves.”
The new law creates an exemption from obtaining a permit for certain grandfathered piers and wharves. These piers and wharves:
- May not be more than eight feet wide.
- May have a platform at the end of the pier (not wharf) that is 200 square feet or less or, if it is from 200 to 300 square feet, is no more than 10 feet wide.
- May not interfere with the riparian rights of any other riparian owner.
To obtain this exemption, the owner of a grandfathered pier or wharf must register it with the DNR by April 1, 2011. DNR may not charge a fee for the registration.
If a grandfathered pier or wharf does not qualify for the above exemption, the owner of the pier or wharf must apply to DNR for an individual permit in order to retain the pier or wharf. The department may not charge a fee for issuing these permits.
The new law prohibits the DNR from taking enforcement action against a riparian owner who has a permit or written authorization from DNR for a structure (a pier, wharf, boat shelter, boat hoist, or boat lift) in navigable waters issued prior to February 6, 2004, if the structure complies with the permit or written authorization.
In closing, while I am pleased a solution was found to protect the overwhelming majority of pier owners, it is unfortunate this issue arose due to the DNR’s intent to regulate piers that had been in existence for decades, many owned by the same family for generations. Thank you to the realtors, the Wisconsin Wildlife Federation, the Wisconsin Builders Association, and the Wisconsin Association of Lakes for effectively working with the legislature and the DNR to grandfather existing piers.
Here is the history of Assembly Bill 297 with links to a Legislative Council memo and the enacted law.
