DNR Pier Regulations

DNR Pier Regulations

What you need to know for 2012

In the summer of 2008, new legislation concerning the placement of both permanent and removable piers on Wisconsin waterways went into effect. Piers have been a hot topic in the news since 2004 when the Wisconsin Legislature updated the regulations by setting size requirements for piers to be exempt from permitting. The new 2008 legislation expands the configuration options for piers to be exempt, provides greater flexibility in the number of boat slips allowed for commercial and multifamily lots, and creates a registration system to grandfather piers placed before 2004 that no longer meet today's standards. Historically and still today, many piers are "exempt" and do not require a permit or a fee from the Department of Natural Resources.

What is an Exempt Pier? It has the following characteristics:

• Width - Maximum 6 feet wide for the pier. If the pier is not locatedin an Area of Special Natural Resource Interest (ASNRI), an 8 feet long by 8 feet wide loading platform or deck is allowed at the waterward end of the pier.
• Length - The length needed to moor your boat, use a boat lift, or to reach a 3-foot water depth, which ever is greater.
• Location - Does not interfere with the rights of other riparian owners.
• Number of Boats - 2 for the first 50 feet of frontage, 1 for every additional full 50 feet.

Most piers that are not exempt are eligible to be grandfathered through a onetime free registration process. To be eligible for registration piers must:

• Have been placed before Feb. 6th, 2004.
• Have a main stem that is a maximum 8 feet wide.
• Have a loading platform at the end of the pier that is a maximum of
  200 square ft or a maximum of 300 square ft if it's 10 feet wide or less
• Not interfere with the rights of other riparian owners.

Many Lake Owen piers are not exempt, meaning registration, or a permit, will be required. The exemptions often do NOT apply to Lake Owen piers because we are in an Area Of Special Natural Resource Interest (ASNRI), and because many loading platforms are larger than the size limits noted above. Generally piers over 6 feet wide and up to 8 feet wide MUST be registered before 4-1-2012 or they will be in violation of the law. Every pier over 8 feet wide MUST have an Individual Permit by 4-1-2012. The Individual Permit application must show water depth contours of 1 foot, 2 feet, 3 feet and 4 feet lines, as well as other information. All existing piers that meet these criteria must be registered with the DNR by April 1, 2012. A DNR study showed that most of the existing piers that are not exempt do not meet the grandfather requirements, so most waterfront owners that do not have exempt piers will need to register. On Lake Owen, a visual inspection by LOA member Ed Ronkowski showed there were 190 piers, with 68 in apparent non-compliance with the law, or 35%.

Visit the DNR website at http://dnr.wi.gov/waterways/recreation/piers.html to download the appropriate documents for registration and/or permitting.

Or to have the students at Northland College's Sigurd Olson Institute come out and measure your piers and submit the paperwork, contact Mike Gardner at MGardner@northland.edu.  For a small fee his students will take care of everything for you.

The good news is that for piers built before 2-6-04 the Individual Permit application is free, and the application must be granted unless the DNR rules that the pier "interferes with public rights in navigable waters."

Related information from the DNR website:

If you have an EXISTING pier with a large deck on it . . . your deck is likely causing harm to habitat, navigation or your neighbor. None of the recent law changes grandfather piers that are over 8 feet wide or piers with loading platforms or decks that are over 300 sq feet. If your pier falls into one or both of those categories you should downsize your pier to meet the new basic exemption standards (which would require you to do nothing with the Department) or downsize your pier to meet the grandfather standards and register. You may also apply for an individual permit to keep your pier. Please be aware that applying for a permit is not a guarantee that you will be able to keep your pier in its current configuration. Some of the very large "party platforms" will need to be downsized to reduce their harmful impacts.

For NEW piers . . . follow the requirements described in the "Pier Planner" to be sure your pier is exempt. New piers can be installed without a permit if they meet the exemption standards. Grandfathering will not apply to piers first installed after Feb, 6th, 2004, so these new piers should not have large decks or extra boats. Its important to follow today's requirements for new piers in order to be exempt. Permits are required for piers that are larger than the dimensional standards or have more boats.

If you already have a DNR permit for your pier . . . it's still good. Just continue to follow the terms and conditions of that original permit.

If you are selling your waterfront property . . . and your pier is exempt, the new owner can place the same pier and they won't need a permit either. If you received a permit or registered your pier, the permit and registration automatically transfers with the property, so the new owner can simply follow the conditions of the original permit or registration. If the new owner wants to
install a different pier, they can design it to be exempt, or obtain a permit if they need something different.

If you are thinking about replacing your pier . . . and you're going to follow the
new basic exemption requirements, go ahead. If your existing pier doesn't meet these requirements, it's a good time to consider a different pier design that meets the dimensions to be exempt and minimizes impacts on the lake or river.

FLAGS, FLOWERPOTS AND BENCHES are all fine to have on a pier.

The DNR may never require a waterfront owner to remove their pier . . . and we don't intend to start now! We'll continue to provide information about the requirements, investigate complaints, and work cooperatively with owners to come up with reasonable solutions so every waterfront can enjoy access to the water and be in compliance with state laws. Once additional law changes are complete, clear definitions, procedures and standards will make it easy for everyone to follow the rules, and maintain the quality of our state's water resources for all to enjoy. To learn more about piers and other issues important to waterfront owners, and to find brochures and application forms, visit DNR's website at:

http://www.dnr.wi.gov/waterways/recreation/piers.html

Wisconsin Department of Natural Resources 2010