Chapter NR 325

Chapter NR 325

MAINTENANCE, REPAIR AND REMOVAL PROCEDURES FOR
BOATHOUSES AND FIXED HOUSEBOATS ON NAVIGABLE WATERWAYS

NR 325.01   Purpose.

NR 325.02   Applicability.

NR 325.03   Definitions.

NR 325.05   Current value.

NR 325.06   Repair and maintenance cost.

NR 325.07   Certification procedure for repair and maintenance.

NR 325.08   Certification procedure for exceptions.

NR 325.09   Standards.

NR 325.10   Certification information.

NR 325.11   No permit necessary.

NR 325.12   Removal procedure for abandoned boathouses or fixed houseboats.

NR 325.13   Enforcement.

NR 325.01 NR 325.01 Purpose. These rules are promulgated pursuant to ss. 30.121 and 227.11 (2) (a) and (b), Stats., in order to establish a valuation program for boathouses and fixed houseboats, to define terms used in s. 30.121, Stats., and other terms necessary to the administration of s. 30.121, Stats., and these rules, and to establish standards and procedures for certification of maintenance and repair costs, certification of eligibility for exceptions and procedures for the department to use in obtaining removal of abandoned boathouses and fixed houseboats, or boathouses or fixed houseboats which materially obstruct navigation.

NR 325.01 History History: Cr. Register, August, 1980, No. 296, eff. 9-1-80; correction made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1995, No. 478; emerg. am. eff. 4-19-04; CR 04-063: am. Register April 2005 No. 592, eff. 5-1-05.

NR 325.02 NR 325.02 Applicability. These rules apply to boathouses and fixed houseboats that extend beyond the ordinary highwater mark of navigable waterways.

NR 325.02 History History: Cr. Register, August, 1980, No. 296, eff. 9-1-80.

NR 325.03 NR 325.03 Definitions.

NR 325.03(1) (1) “Abandoned” means the relinquishment of possession of a boathouse or fixed houseboat by the owner with indications of intent to terminate ownership, which may be evidenced by several factors such as the failure to act to maintain or repair boathouses or fixed houseboats that are in a major state of disrepair.

NR 325.03(2) (2) “Boathouse” means a permanent structure used for the storage of watercrafts and associated materials and includes all structures which are totally enclosed, have roofs or walls or any combination of structural parts. For purposes of this chapter, the term boathouse does not include shore stations or boathouses which are removed from a waterway on an annual basis.

NR 325.03(3) (3) “Constructed or placed” means:

NR 325.03(3)(a) (a) The original erection of a boathouse or the original placement of a fixed houseboat beyond the ordinary highwater mark of any navigable waterway; or

NR 325.03(3)(b) (b) The building of additions to existing boathouses or existing fixed houseboats; or

NR 325.03(3)(c) (c) The relocation of a boathouse or a fixed houseboat beyond the ordinary highwater mark of any navigable waterway at a location different from its location at the date of this act; or

NR 325.03(3)(d) (d) The conversion of a boathouse or fixed houseboat in a manner to allow permanent or temporary human habitation after December 15, 1979.

NR 325.03(4) (4) “Current value” means the equalized assessed value as determined by s. 70.32, Stats., or, if not assessed, its current fair market value as certified by a competent appraiser using standard real estate appraisal techniques. If assessed, but the assessment for the boathouse or fixed houseboat cannot be separately distinguished from the general property assessment, the current value shall be the current fair market value as set forth above.

NR 325.03(5) (5) “Fixed houseboat” means a structure not actually used for navigation which extends beyond the ordinary highwater mark of a navigable waterway and is retained in place either by cables attached to the shoreline or by anchors or spudpoles attached to the bed of the waterway.

NR 325.03(5k) (5k) “Historic or cultural value” means a structure listed in or determined eligible for listing in the national registry of historical places or in a local municipal historical preservation ordinance by using procedures prescribed by the Wisconsin historical society.

NR 325.03(6) (6) “Major state of disrepair” means a state of damage or deterioration, such that the repair or replacement thereof would exceed 50% of its current value.

NR 325.03(7) (7) “Navigable waterway” means any body of water with defined bed and banks, which is navigable under the laws of the state. In Wisconsin, a navigable body of water is capable of floating the lightest boat or skiff used for recreation or any other purpose on a regularly recurring basis.

NR 325.03 Note Note: This incorporates the definition at s. 30.01(4m), Stats., and current case law, which requires a watercourse to have a bed and banks, Hoyt v. City of Hudson, 27 Wis. 656 (1871), and requires a navigable waterway to float on a regularly recurring basis the lightest boat or skiff, DeGayner & Co., Inc. v. DNR, 70 Wis. 2d 936 (1975); Village of Menomonee Falls v. DNR, 140 Wis. 2d 579 (Ct. App. 1987).

NR 325.03(8) (8) “Not actually used for navigation” means that, while possibly floatable and maneuverable, the primary purpose is not navigation.

NR 325.03(9) (9) “Ordinary high water mark” means the point on the bank or shore up to which the presence and action of water is so continuous as to leave a distinct mark either by erosion, destruction of terrestrial vegetation or other easily recognizable characteristic.

NR 325.03(10) (10) “Tributary of Lake Michigan or Lake Superior” means a named river that flows directly into Lake Michigan or Lake Superior.

NR 325.03 History History: Cr. Register, August, 1980, No. 296, eff. 9-1-80; emerg. cr. (7k) and (9), eff. 4-19-04; CR 04-063: renum. (7) to be (5k) and am., cr. (7), (9) and (10) Register April 2005 No. 592, eff. 5-1-05.

NR 325.05 NR 325.05 Current value. An owner wishing to repair or maintain a boathouse or fixed houseboat shall provide to the department proof of its current value.

NR 325.05 History History: Cr. Register, August, 1980, No. 296, eff. 9-1-80.

NR 325.06 NR 325.06 Repair and maintenance cost. Owners of boathouses or fixed houseboats shall obtain a certification from the department that all needed repair and maintenance costs total less than 50% of the current value of the structure prior to performance of the maintenance or repairs.

NR 325.06 History History: Cr. Register, August, 1980, No. 296, eff. 9-1-80; emerg. am. eff. 4-19-04; CR 04-063: am. Register April 2005 No. 592, eff. 5-1-05.

NR 325.07 NR 325.07 Certification procedure for repair and maintenance.

NR 325.07(1) (1) Except as provided for in s. NR 325.06, owners of boathouses or fixed houseboats wishing to perform maintenance or repairs shall request certification that all required maintenance and repairs do not exceed 50% of the current value. The request for certification shall be made to the department and shall contain the information set forth in ss. NR 325.05 and 325.09 (1) and (2).

NR 325.07(2) (2) The department shall review the information submitted by the applicant for certification and shall inspect the boathouse or fixed houseboat.

NR 325.07(3) (3) The department shall within 60 days issue a certification as requested if the department agrees with the estimates of all needed repair or maintenance costs and finds that all needed maintenance or repairs are less than 50% of the current value.

NR 325.07(4) (4) If the department disagrees with either the cost estimate for all needed maintenance or repairs or the current value it may obtain independent estimates of such cost or current value. The department shall issue the requested certification if the independent estimates for costs of all needed maintenance or repairs and current value are less than 50% of the current value.

NR 325.07(5) (5) Where an existing boathouse or fixed houseboat is owned by a non-riparian, the application for certification shall be made by the riparian owner of the property where the boathouse or fixed houseboat is located, provided the transfer of riparian rights is in compliance with s. 30.133, Stats.

NR 325.07(6) (6) The department certification shall contain a requirement that the owner of the boathouse or fixed houseboat record the certification with the register of deeds for the municipality where the boathouse is located, and that the owner submit an affidavit showing proof of recording prior to commencing repairs.

NR 325.07(7) (7) The department shall deny requested certification if either the independent or applicant’s estimates of costs for all needed maintenance or repairs exceeds 50% of the current value and shall declare the boathouse or fixed houseboat to be in a major state of disrepair. Any owner denied certification may review the denial pursuant to s. 227.42, Stats.

NR 325.07 History History: Cr. Register, August, 1980, No. 296, eff. 9-1-80; correction in (5) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1995, No. 478; emerg. am. (1), renum. (5) to be (6), cr. (5), eff. 4-19-04; CR 04-063: am. (1), renum. (5) to be (7), cr. (5) and (6) Register April 2005 No. 592, eff. 5-1-05.

NR 325.08 NR 325.08 Certification procedure for exceptions.

NR 325.08(1) (1) Owners wishing to repair or maintain a boathouse or fixed houseboat pursuant to s. 30.121 (3g), Stats., construct, repair or maintain a single-story boathouse pursuant to s. 30.121 (3m), Stats., repair or reconstruct a boathouse pursuant to s. 30.121 (3r), Stats., or construct, repair or maintain a boathouse pursuant to s. 30.121 (3w), Stats., shall request certification that the proposed activity is eligible for an exception. The request for certification shall be made to the department and contain the information in ss. NR 325.09 and 325.10.

NR 325.08(2) (2) The department shall review the information submitted by the applicant for certification, and shall inspect the boathouse or fixed houseboat or the site of the proposed boathouse.

NR 325.08(3) (3) The department shall within 60 days issue a certification as requested, if the department determines that the proposed activity is eligible for a statutory exception.

NR 325.08(4) (4) The department shall within 60 days deny certification if the department determines that the proposed activity does not meet the requirements of s. 30.121, Stats., and this chapter to be eligible for an exception. Any owner denied certification may review the denial pursuant to s. 227.42, Stats.

NR 325.08 History History: Emerg. cr. eff. 4-19-04; CR 04-063: cr. Register April 2005 No. 592, eff. 5-1-05.

NR 325.09 NR 325.09 Standards.

NR 325.09(1) (1) Maintenance. In addition to the requirements of s. 30.121 (3), Stats., repair and maintenance of existing boathouses and fixed houseboats shall meet all of the following conditions: