When the legislature passed 2003 Act 118, it exempted some piers from permit requirements under the statute, created new permitting categories, and directed the Department of Natural Resources (DNR) to develop rules to administer this statute. The DNR obtained significant public input, and revised the existing rule (NR 326) that met the letter and intention of the statute. The legislature returned the pier rules to the Department for unspecified modifications.

Meanwhile, the legislature has been trying to change the statute again with regard to piers (Assembly Bill 850). The Wisconsin Association of Lakes and other stakeholders worked with the legislature and found a compromise to which all parties agreed was acceptable.

The Assembly introduced two amendments to AB 850, which went against the compromise and agreement. The first amendment expands the grandfather provision for existing piers to include all piers with loading platforms up to 300 square feet, larger than the size of many living rooms. The second amendment eliminates the temporary increase in motorboat gas tax formula to provide funding for DNR staff to assist lakefront property owners. These amendments passed the Assembly and narrowly passed the Senate.

Governor Jim Doyle is expected to veto the measure. “The goals of pier rules are to balance private and public rights, protect neighboring rights, and address habitat impacts while providing clear standards and a streamlined permitting process,” says Executive Director, Peter Murray. “Lake front property owners all around the state are now more confused than ever about whether they need a permit for their pier.”

Questions about piers?

An edition of current Pier Planner which reflects the statutory changes made by 2003 Act 118 and the preexisting NR 326 that remains in effect is available online. This document is intended to assist waterfront property owners to design and place a pier that does not require a DNR permit.

DNR’s waterway permitting (Chapter 30) website includes a page on piers which is intended to help users determine if their project is exempt, and what kind of permit they need if they need a permit.