For years I have been reading my friendly little community booklet and the local newspaper and sweating over the question – am I going to have to change my pier?
For years I have been reading my friendly little community booklet and the local newspaper and sweating over the question – am I going to have to change my pier? We purchased our home in 2006 with our 2nd child knocking at the door. The home was built in about 2001 and is located on a channel leading to the lake – the pier was built at the same time and is of the “party platform” variety – being approximately 10 X 20 feet. As is typical on channels, the pier is a permanent pier so that it does not need to be removed annually and, more importantly, it only extends into the waterway about 2 feet and does not impede boat traffic. I can breathe easier with the passing of 2007 Wisconsin Act 204 (http://www.legis.state.wi.us/2007/data/acts/07Act204.pdf), signed into law by Governor Doyle on April 1, 2008, but yep I am one of the lucky ones who will need to register our pier.
2007 Wisconsin Act 204 was four years in the making – in 2004 the Governor signed into law 2003 Wisconsin Act 118 (http://www.legis.state.wi.us/2003/data/acts/03Act118.pdf), setting up a pier permit process and codifying that piers below a certain size do not require a permit. The legislature gave the Wisconsin DNR the responsibility to develop the permit rules for piers that are larger than outlined in the statute.
The wrangling over the last few years – what about piers that were constructed before the effective date of 2003 Wisconsin Act 118 (effective February 6, 2004)? Specifically, can people that constructed a pier on or before February 6, 2004, and which pier does not conform to the current pier regulations, maintain that pier? The answer – maybe yes, maybe no, maybe the pier needs to be registered, maybe a permit needs to be obtained …
The new act exempts the following piers/wharfs from permit requirements if the pier/wharf was placed on the water on or before February 6, 2004, and all of the following apply (§30.12 (1k)(b)):
- The pier or wharf is not more than 8 feet wide as measured across the shortest horizontal distance of any portion of the pier or wharf surface, except that a pier may have an area as a loading platform that is more than 8 feet wide if the platform is located at the lakeward end of the pier, or located at the end of the pier that extends into a stream, does not have more than 300 square feet in surface area, and meets the following width requirements:
- If the platform has a surface area of 200 square feet or less, the platform may be of any width, or
- If the platform has a surface area of more than 200 square feet but not more than 300 square feet, the platform may not be more than 10 feet wide.
- The pier or wharf does not interfere with the riparian rights of other riparian owners.
- The riparian owner registers the pier or wharf with the department, in the manner and form required by the department, no later than the first day of the 36th month beginning after the effective date of this subdivision (no later than April 1, 2011).
Pay close attention to the third bullet point – even though the permit is not required if the first two bullet points are met, the riparian owner will need to timely register his/her pier (the DNR anticipates that registration materials will be available in May or June of 2008).
What about piers that don’t fit the first bullet point? What if my pier was 20 feet wide and had a surface area of 500 feet? In that case I would need to apply to the DNR for a permit and the DNR would be required to issue me an individual permit unless the DNR demonstrates that the following have not been met (§30.12 (3m)(ar)):
· The wharf or pier does not interfere with public rights in navigable waters.
· The wharf or pier does not interfere with rights of other riparian proprietors.
· The wharf or pier does not extend beyond any pierhead line which is established under §30.13(3).
· The wharf or pier does not violate any ordinances enacted under §30.13(2).
· 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.
Wow that’s a lot to take in – but if you’re thirsting for more (and there is a lot more to read about) follow these links: