Chapter NR 326

NR 326.055(3)(b) (b) A seasonal shelter may not extend beyond the line of navigation or an approved pierhead line.

NR 326.055(4) (4) Permanent boat shelters.

NR 326.055(4)(a) (a) A boat shelter which is not removed seasonally as provided in sub. (3) may be authorized by the department upon application by a riparian if the construction complies with subs. (1) and (2) and the requirements of this subsection.

NR 326.055(4)(b) (b) No permit may be granted for a permanent boat shelter constructed after May 3, 1988 if the owner’s riparian property also contains a boathouse over navigable waters or within 75 feet of the ordinary high water mark. Each permit issued for a permanent boat shelter shall contain a condition which provides that the permit becomes void if there is any subsequent construction of a boathouse over navigable waters adjacent to the owner’s property or within 75 feet of the ordinary high water mark on the owner’s property.

NR 326.055(4)(c) (c) A permit may not be granted for a permanent boat shelter to be placed on lakes or flowages of less than 500 acres or on rivers except the Mississippi river, the Wolf river from Lake Butte des Morts to the upstream limits of the village of Fremont, and the Fox river from the DePere dam to Lake Winnebago. For the purpose of this subsection a series of lakes or flowages which have a connection which is commonly navigated by motorized craft and which have a common water level shall be considered a single lake or flowage. Artificial mooring basins and navigation channels and reaches of rivers where water levels are controlled by a dam are considered part of the lake or flowage to which they are connected for the purpose of this subsection.

NR 326.055(4)(d) (d) No more than one permanent boat shelter may be permitted for each riparian property. Contiguous lots in common ownership shall be considered one property for the purpose of this subsection.

NR 326.055(4)(e) (e) A permanent boat shelter may not extend more than 30 feet from the shoreline or to the line of navigation, whichever is less, on rivers named in par. (c) and on waters between 500 and 1000 acres in size and may not extend more than 50 feet from the shoreline or to the line of navigation, whichever is less, on waters 1000 acres and larger in size. For the purpose of this subsection the shoreline shall be established at normal summer low water levels.

NR 326.055(4)(f) (f) Permits for permanent boat shelters may only be granted for locations adjacent to developed shorelines. Developed shorelines are those where there are at least 5 principal structures including at least one on the applicant’s property which are located within 500 feet of the proposed shelter site and which are visually intrusive as viewed from a location on the water.

NR 326.055 History History: Cr. Register, August, 1991, No. 428, eff. 9-1-91.

NR 326.06 NR 326.06 Complaints.

NR 326.06(1) (1) Upon receipt of a complaint by any municipality or person under s. 30.14, Stats., the department shall investigate the pier, boat shelter, swim raft or related structure mentioned in the complaint to determine if it conforms with applicable provisions of s. 30.12 or 30.13, Stats., and this chapter, and shall provide all known parties with the results of the investigation. The department may request such additional information as may be required from the complainant.

NR 326.06(2) (2) Upon completion of the investigation, the department may conduct a hearing under s. 30.14, Stats.

NR 326.06(3) (3) The burden of proving that a pier, boat shelter or swim raft is in violation of s. 30.12 or 30.13, Stats., and this chapter, is ordinarily on the complainant.

NR 326.06(4) (4) Sections NR 326.06 and 326.08 do not limit in any manner the authority of the department to require a permit or bring an enforcement action alleging that a pier, boat shelter or swim raft adversely affects public rights in navigable waters.

NR 326.06 History History: Cr. Register, March, 1981, No. 303, eff. 4-1-81; am. Register, August, 1991, No. 428, eff. 9-1-91; CR 01-054: am. (1), (3) and (4) Register August 2002 No. 560, eff. 9-1-02.

NR 326.07 NR 326.07 Riparian rights determinations.

NR 326.07(1) (1) In order to determine whether a pier or boat shelter interferes with the rights of an adjacent riparian, the department shall use the method outlined in this subsection which it determines most fully meets the Wisconsin supreme court ruling in Rondesvedt v. Running, 19 Wis. 2d 614 (1962), that “. . . each must have his due proportion of the line bounding navigability and a course of access to it from the shore exclusive of every other owner, and that all rules for apportionment or division are subject to such modification as may be necessary to accomplish substantially this result.”

NR 326.07(2) (2) The alternative methods of apportionment include:

NR 326.07(2)(a) (a) Apportionment of the line of navigation. The general procedure for the apportionment of the line of navigation is to measure the whole shoreline of the cove or bay and the line of navigation in front of the shoreline and to apportion the line of navigation among the riparians in proportion to the length of their respective holdings on the shoreline. The area of water within which each riparian may place a pier to reach the line of navigation is determined by drawing straight lines between the corresponding points of division on the shoreline and the line of navigation.

NR 326.07(2)(b) (b) Coterminous riparian rights lines. Chords are drawn to connect points established at the intersection of each lot line with the ordinary highwater mark. The lines which bisect the angle formed by adjacent chords are the coterminous riparian rights lines. The extension of the coterminous riparian rights lines to the line of navigation describes the portion of the water within which each riparian may place a pier to gain access to the line of navigation. If the coterminous riparian rights lines intersect before the line of navigation is reached, another method of apportionment will be used.

NR 326.07(2)(c) (c) Extended lot lines. Under the extended lot line method the area of water within which each riparian may place a pier to reach the line of navigation is determined by extending the lot lines along the same alignment from the upland to the line of navigation.

NR 326.07(2)(d) (d) Other method. Any other method for determining the rights of riparians to gain access to the line of navigation that is compatible with the general rule adopted in sub. (1).

NR 326.07(3) (3) To provide each riparian with sufficient room to place a pier and moor a boat along the common line between adjacent riparians the following technique will be used:

NR 326.07(3)(a) (a) Each riparian shall back their respective pier away from the common line or point of intersection of that line with the line of navigation in proportion to the riparian’s share of the 2 adjacent shoreline lengths until sufficient room is provided to moor each riparian’s boat at their respective pier and to provide safe maneuvering room for each boat to approach or leave the respective pier.

NR 326.07(3)(b) (b) If a riparian cannot move sufficiently from one side without violating the rule on the other side, then the riparian shall position the pier in that location which best satisfies the rule on both sides and each riparian shall then move far enough to the side regardless of shoreline proportions to afford the necessary clearance.

NR 326.07 History History: Cr. Register, March, 1981, No. 303, eff. 4-1-81; reprinted to correct error, Register, May, 1981, No. 305; am. (1), Register, August, 1991, No. 428, eff. 9-1-91.

NR 326.08 NR 326.08 Swim rafts.

NR 326.08(1) (1) Finding. The natural resources board finds that near shore areas are the most heavily used areas of a water body and are the most valuable ecological areas. Extensive and large structures on an individual and cumulative basis interfere with the public’s ability to use and enjoy near shore areas and affect the growth of aquatic vegetation necessary for fish and wildlife habitat. Accordingly, the natural resources board finds that the use of swim rafts in excess of 200 square feet in surface area or 38 inches in height may interfere with public rights as used in s. 30.13 (1m), Stats., and thereby require a permit under s. 30.12, Stats.

NR 326.08(2) (2) Exemptions.

NR 326.08(2)(a) (a) Swim rafts which are pulled onto shore and completely removed from the water on a daily basis or that are placed in swim areas marked and approved pursuant to s. NR 5.09 are exempt from sub. (1).

NR 326.08(2)(b) (b) The height limitation of sub. (1) does not apply to protective covers, diving boards, ladders and slides.

NR 326.08(3) (3) Measurements. Calculations to determine the square footage of a swim raft shall include diving boards, ramps, slides and similar accessories.

NR 326.08 History History: CR 01-054: cr. Register August 2002 No. 560, eff. 9-1-02.

NR 326.09 NR 326.09 Impoundment determination. The boundaries of the pool of an impoundment shall be determined at normal summer water levels.

NR 326.09 History History: CR 01-054: cr. Register August 2002 No. 560, eff. 9-1-02.