DNR Revises Pier Rules

Assembly passes grand fathering bill


By: Tom Larson

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Madison, WI - In response to strong public reaction, the Department of Natural Resources (DNR) revised its proposed pier rules to grandfather more existing piers. Under the prior version of the rule, the DNR estimated that approximately 12,000 existing piers would be illegal and would be required to be brought into compliance with the new standards. Under the most recent revisions to the rule, however, it appears that approximately 2,000 piers would be illegal.

The latest changes to the rule would grandfather all existing piers that are no wider than 8 feet and have a loading platform (or deck) that does not exceed 200 square feet. Furthermore, all piers that are larger than the exemption standards (6 feet wide, extend beyond 3 feet of water depth or into water deep enough to moor a boat, and have more than two boat slips for the first 50 feet of frontage and one boat slip for each 50 feet thereafter) would be required to register their piers with the DNR within three years of the rule’s effective date. No fee will be charged for this registration.

State Assembly Passes AB 850

Meanwhile, the state Assembly passed an amended version of Assembly Bill 850, legislation that grandfathers even more piers than the recent modifications to the rules. 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 riparian owners or materially obstruct navigation. All piers larger than 400 square feet are subject to the same requirements that have been in effect since 1949 and may be subject to DNR enforcement action if the pier violates the public’s interest in the waterways, interferes with the rights of neighboring riparians, or extends beyond a locally-established pierhead line. Other provisions in the bill include:

  • All piers that have received a permit or written authorization from the DNR are grandfathered
  • All piers larger than exemption standards (6-feet wide, 3 feet of water depth, etc.) are required to register with the local register of deeds within three years (free of charge).
  • Multi-user piers are allowed four boat slips for the first 50 feet of frontage and two boat slips for each 50 feet of frontage thereafter without a permit
  • Larger piers and permanent piers are eligible for an individual permit

The legislation will now be considered by the State Senate. If the Senate has concerns about the legislation, a compromise can hopefully be reached between both houses and the Governor so property owners will be assured that their existing piers will be grandfathered and not subject to the new regulatory standards.

 

Published: 1/10/2006

 


 

January 2006 Issue