After more than four years of confusion and uncertainty about the legal status of existing piers, waterfront property owners can now breathe a sigh of relief. On April 1, 2008, Governor Doyle signed into law the Pier Protection Act (2007 Wisconsin Act 204), legislation that grandfathers 99 percent of existing piers from future regulations.
The new law became necessary after dimensional standards for piers were added to the Wisconsin Statutes for the first time in 2004. While these new standards were intended to apply only to new piers (those installed for the first time after 2004), attempts were made by some regulators to apply the standards retroactively to existing piers. As a result, thousands of existing piers could have been declared illegal and been forced to be removed or downsized.
With the enactment of this new law, waterfront property owners with existing piers now have clear standards as to what size pier is allowed without obtaining a special permit from the Wisconsin Department of Natural Resources (DNR). In addition to regulating existing piers, the new law also creates standards for the number of boat slips allowed for multi-family and commercial developments. The following is a summary of the new law:
Existing Piers
Any pier that was originally placed prior to 2004 is exempt from obtaining a permit from the DNR if it meets the following standards and registration requirements:
Width – must be no more than 8 feet wide.
Platforms – a deck/platform is allowed as long as it is located on the end of the pier that projects into the lake and has a surface area of:
- 200 square feet or less (may be any width); or
- between 200 square feet and 300 square feet if the deck/platform is no wider than 10 feet.
Neighbors – must not interfere with the riparian rights of other riparian owners. (Generally, this means that the pier and boat hoists do not extend beyond the owner’s property line.)
Registration – must be registered with the DNR no later than April 1, 2011. (Note: Registration with the DNR is free of charge. Property owners also may choose to record the registration form with their local register of deeds.)
Existing Piers that Exceed Permit Exemption Standards
An owner of an existing pier that exceeds the above standards must do one of the following:
Under the new law, the DNR must approve an application for an individual permit to keep an existing pier unless the DNR can prove the pier does one or more of the following:
- Interferes with public rights in navigable waters
- Interferes with the rights of other riparians
- Extends beyond a locally established pierhead line
- Violates a local ordinance
- Does not allow the free movement of water underneath
If a permit has already been obtained for an existing pier, no new permit is necessary as long as the terms and conditions of the permit are followed.
Repair and Maintenance of Existing Piers
Owners of existing piers may repair and maintain an existing pier, but may not replace or enlarge the pier. If the pier must be replaced, the new pier must comply with the new pier requirements. The owner also may relocate or reconfigure the pier, as long as the pier does not interfere with the rights of other riparians.
New Multi-family and Commercial Developments
Piers servicing multi-family dwellings (three or more units) or commercial facilities must meet all the requirements above in order to be exempt from obtaining a permit. However, these types of developments are eligible for additional boat slips if they are on a lake of 50 acres or more.
Specifically, they are eligible for the lesser of:
- Four boat slips for the first 50 feet of shoreline frontage AND no more than two additional boat slips for each additional 50 feet of shoreline frontage; or
- One boat slip for each dwelling unit AND additional boat slips that are open to the public to be used for transient docking (less than 24 hours).
Property owners who want more boat slips than allowed under the exemption requirements may apply for an individual permit (dnr.wi.gov/org/water/fhp/waterway/piers.html#step3).
New Pier Brochure
To assist REALTORS® in explaining the new law to waterfront property owners, the Wisconsin REALTORS® Association has created a new brochure that explains the requirements for placing a new pier or maintaining an existing pier without a permit. You can download this brochure and print out copies or provide a link to the brochure on your Web site by clicking below:
More Information
For more information on pier regulations in Wisconsin, please contact Tom Larson (tlarson@wra.org), 608-240-8254.
Tom Larson is Director of Regulatory and Legislative Affairs for the WRA.
Published: 5/13/2008
