FAQs: DNR Permit Requirements

 by Ray Potempa
(Source: Wisconsin Department of Natural Resource's Web site: www.dnr.state.wi.us)

State officials are developing emergency administrative rules ensuring that 2003 Wisconsin Act 118, which is in effect as of February 6, 2004, is implemented to streamline the permitting process for construction projects along lakes and streams while maintaining a high level of protection for those waterways. The new regulatory reform law continues to require many construction activities to undergo individual permit applications and review, but also establishes activities that could be eligible for exemptions from the permit process unless these activities would occur along a trout stream, a state natural area, or other sensitive water.

Here are some frequently asked questions about permitting:

Q. I want to grade, fill, remove or disturb soil on waterfront property. Do I need to obtain a permit and/or pay a fee?

A. A grading permit from the DNR is required for any project that physically disturbs more than 10,000 square feet on the bank of a navigable waterway. Disturbances include the addition, removal, or redistribution of topsoil.

The new law defines "bank" as either: – the land surface that extends 75 feet from the ordinary high water mark of any navigable waterway or – the land surface extending landward from the ordinary high water mark to the point where the slope is less than 12 percent whichever is greater.

Grading projects that reshape topography and change vegetative cover dramatically over large areas will typically require engineering analyses and/or landscape design as part of the application. A 30 day public notice and a fee are required.

Q. I want to place a layer of rock riprap along a shoreline. Do I need to obtain a permit and/or pay a fee?

A. A permit is required for the placement of a riprap along a shoreline, except as provided by 2003 Act 118 (see exemption article). A fee is not required. To file your application for a Riprap Permit, from the DNR Web site, open and print the Riprap Permit Application (#3500 91). Once completed, send the application to the Water Management Specialist for Lake Kegonsa at DNR South Center Region Headquarters, 3911 Fish Hatchery Rd., Fitchburg, WI 53711; phone: 608-275-3266

Q. I want to construct a retaining wall along my shoreline or do erosion control work on my shoreline. Do I need to obtain a permit and/or pay a fee?

A. Retaining walls or sea walls require permits, except as provided by 2003 Act 118 (see exemption article 7). A fee is required. Because of their potential for harming fish and wildlife habitats and other public rights, the construction of retaining walls along a shoreline is rarely permitted. It is recommended that you consider alternatives such as vegetative erosion control, or other structural methods such as rock riprap.

For more information on erosion control methods, please see DNR's Lakeshore and Streambank Erosion Control Information page. Due to the complex nature of the erosion control permitting process, DNR requires information from you beforehand in order to supply you with the correct permit for your project.

Answer the following questions and submit them to the Water Management Specialist for Lake Kegonsa at DNR South Central Region Headquarters.

1. What is the purpose of your proposed project?

2. Is erosion currently present? (Yes/No)

3. What type of shore protection currently exists on your property?

4. Please provide the following information about the physical characteristics of your shoreland, preferably in a diagram.

5. Are there any aquatic plants or weeds in the waterway or lake in front of your shoreline? (Yes/No)

Please submit a photograph showing your shoreline. (In response to your completed questionnaire, DNR supplies you with the correct permit information and application(s).)

Note: Retaining walls are typically only approved when other methods (grading, vegetation, riprap) will not control erosion and site review indicates little impact on the waterway.

Q. I want to construct a new boathouse. Do I need to obtain a permit and/or pay a fee?

A. State law generally prohibits the construction of a new "wet" boathouse or fixed houseboat either on or over a lake, flowage, river, creek or streambed. A new "wet" boathouse may only be constructed if it meets all three conditions of the exception outlined in Section 30.121(3m), Wis. Stats. New "dry" boathouses built on upland can be constructed above the ordinary high water mark if they meet local zoning. No DNR permit is required for a dry boathouse to be located landward of the ordinary high water mark. However, local permits are required for any construction, additions, or repairs to a boathouse located on the upland. Contact the Town of Dunn or Town of Pleasant Springs and Dane County Zoning.

Q. I want to repair an existing boathouse. Do I need to obtain a permit and/or pay a fee?

A. No DNR permit is required to repair a "dry" boathouse located landward of the ordinary high water mark. Local permits may be required. Contact the Town of Dunn/Town of Pleasant Springs and Dane County Zoning. A certification from DNR IS required to repair a "wet" boathouse or fixed houseboat. A fee is required. Repair of existing "wet" boathouses or fixed houseboats is limited to 50 percent of the equalized assessed value of the structure over its lifetime. DNR must certify your project will not exceed the 50 percent limit, before you make any repairs to an existing boathouse or fixed houseboat that extends beyond the ordinary high water mark. This includes any boathouse or fixed houseboat that is on or over a lake, flowage, river, creek or streambed, and applies even if only part of the boathouse is over the water. To file your application for a boathouse repair certification, from the DNR Web site, open and print BOTH of the following files:

Once completed, send the application materials, including the fee sheet, to the Water Management Specialist for Lake Kegonsa at DNR South Central Region Headquarters.

Note: Local permits and U.S. Army Corps of Engineers regulations may also apply. DNR advises you to contact your local zoning office and your regional U.S. Army Corps of Engineers office.

Q. I want to place a swimming raft or water trampoline in a lake or flowage. Do I need to obtain a permit and/or pay a fee?

A. By statute, swimming rafts may not interfere with public rights in navigable waters, or interfere with the rights of other property owners. They must be placed within 200 feet of shore, and can only be placed by a waterfront property owner.

A waterfront property owner may place a swim raft in a navigable waterway without obtaining a permit, if:

  1. The swim raft is not more than 200 square feet in surface area; and
  2. The swim raft is not more than 38 inches in height.

Larger swim rafts may be placed without a permit, only if they are removed from the water on a daily basis, or if they are placed in a marked swim area approved under Chapter NR 5.09, Wis. Adm. Code. For more information, see DNR's Swim Raft Factsheet (#FH 396)

If your proposed swim raft does not meet these size limitations or exceptions, or the statutory requirements, you must apply for a Miscellaneous Structures in Waterway permit. A fee is required.

Q. I want to install a pier or wharf. Do I need to obtain a permit and/or pay a fee?

A. New law 2003 Act 118 provides an exemption for some piers. In addition, a waterfront property owner (riparian) may place a pier or wharf in a navigable waterway without obtaining a permit if ALL of the following conditions are met:

If you are unsure if a permit is necessary for your project, contact the Water Management Specialist. If a permit will be needed, a fee is required

Note: A pier or wharf is allowed only as an aid to navigation. Decks and patio type structures over the water are not allowed. Local permits and U.S. Army Corps of Engineers regulations may also apply.

Q. I want to place a shore station, boat lift, or other type of seasonal boat shelter on the bed of a lake, flowage, river or stream. Do I need to obtain a permit and/or pay a fee?

A. Permits are not required for seasonal boat shelters if you follow the guidelines outlined in the DNR informational packet "Guidelines for Boat Shelters."

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