Published: September 2, 2010
Authors: Charles V. (Buck) Sweeney and Peter J. Conrad

Regulations requiring that your pier must meet certain requirements by April 1, 2011 or that you must register your pier to be protected from the Wisconsin Department of Natural Resources (“WDNR”) exist. As you may know, an exempt pier has a maximum 6-foot width for the pier. If the pier is not located in an area of Special Natural Resource Interest (“SNRI”), an 8-foot long by 8-foot wide loading platform or deck is allowed at the waterward end of the pier.

The length can be as long as necessary to moor your boat, use a boat lift or reach a 3-foot water depth, whichever is greater. The location must not interfere with the rights of any other riparians. You are allowed two boats for the first 50 feet of frontage and one boat for each additional full 50 feet.

If your pier is exempt, you can continue to place your pier and do not need to register or submit any fees. If your pier is not exempt but you had a pier before 2004, go ahead and register. You are allowed to keep doing what you have been doing with your pier but, in order to be eligible for grandfathering, there is a one-time registration fee process. To be eligible to register your grandfathered pier by April 1, 2011, the pier must:

• Have been placed before February 6, 2004
  
• Have had a main stem that is a maximum of 8 feet wide, and
  
• Have a loading platform on the end of the pier that is a maximum of 200 square feet, or a maximum of 300 square feet if it’s 10 feet wide or less to qualify for grandfathering
  

Again, your pier cannot interfere with the rights of any other riparian owners.

Remember, all existing piers that meet these criteria must be registered with the WDNR by April 1, 2011. WDNR estimates that 10 percent of all existing piers do not need to be grandfathered. However, this is the same agency that counts deer herds. If you do not want to register, you can reconstruct your pier so it is exempted.

If you just bought property, new piers can be installed without permitting if they meet exemption standards. If you already have a WDNR permit for your pier, that permit is still good. Just continue to follow the conditions in your permit.

Please be aware of these new regulations affecting your summer fun. If WDNR knocks on the door to help you shorten your pier, you want to be prepared.

Charles V. (Buck) Sweeney and Peter J. Conrad are attorneys at Axley Brynelson, LLP. For more information on Wisconsin’s new pier regulations, contact Mr. Sweeney at 608.283.6743 or csweeney@axley.com, or Mr. Conrad at 608.260.2483 or pconrad@axley.com.