Chapter NR 326

Chapter NR 326

PIERS, BOAT SHELTERS AND SWIM RAFTS IN NAVIGABLE WATERWAYS

NR 326.01   Purpose.

NR 326.02   Applicability.

NR 326.03   Definitions.

NR 326.04   Pier standards.

NR 326.05   Permits required.

NR 326.055   Boat shelter standards.

NR 326.06   Complaints.

NR 326.07   Riparian rights determinations.

NR 326.08   Swim rafts.

NR 326.09   Impoundment determination.

Ch. NR 326 Note Note: Chapter NR 326 was revised by emergency rule effective April 19, 2004.

NR 326.01 NR 326.01 Purpose.

NR 326.01(1) (1) These rules are promulgated under ss. 30.03, 30.12, 30.13, 30.14, 30.15 and 227.11, Stats., in order to provide consistency in the application of ss. 30.12 and 30.13, Stats., to the construction of piers, boat shelters, swim rafts and similar structures on the beds of navigable waterways as aids to navigation.

NR 326.01(2) (2) A secondary purpose of this chapter is to define terms set forth in ss. 30.12, 30.13, 30.133, 30.134, 30.14 and 30.15, Stats.

NR 326.01 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. Register August 2002 No. 560, eff. 9-1-02.

NR 326.02 NR 326.02 Applicability.

NR 326.02(1) (1) This chapter shall apply to all piers and boat shelters constructed or maintained by riparians on the beds of navigable waterways for the purpose of providing improved navigation access to those waterways.

NR 326.02(2) (2) The department shall apply this chapter only in response to:

NR 326.02(2)(a) (a) Complaint by a riparian, municipality, or any other person that a pier or boat shelter exists in navigable waters in violation of s. 30.12 or 30.13, Stats.;

NR 326.02(2)(b) (b) Complaint by a riparian that an adjacent riparian’s pier or boat shelter interferes with access to navigable water;

NR 326.02(2)(c) (c) Complaint by a riparian or any other person that a pier or boat shelter interferes with rights of navigation;

NR 326.02(2)(d) (d) Request by a riparian for information regarding standards to be applied to pier or boat shelter construction;

NR 326.02(2)(e) (e) Application by a riparian for authority to construct a solid pier, any other pier requiring a permit or a permanent boat shelter under s. 30.12, Stats.

NR 326.02 History History: Cr. Register, March, 1981, No. 303, eff. 4-1-81; am. Register, August, 1991, No. 428, eff. 9-1-91.

NR 326.03 NR 326.03 Definitions.

NR 326.03(1) (1) “Boat shelter” as defined in s. 30.01 (1c), Stats., means a structure in navigable waters designed and constructed for the purpose of providing cover for a berth place for watercraft, which may have a roof but may not have walls or sides. Such a structure may include a boat hoist.

NR 326.03(2) (2) “Department” means the department of natural resources.

NR 326.03(3) (3) “Impoundment” for purposes of s. 30.134, Stats., means the pool of water created by a dam. “Impoundment” does not include waters upstream of the pool which are raised, but within the original river channel. “Impoundment” includes the entire Mississippi river in Wisconsin.

NR 326.03(4) (4) “Line of navigation” means the 3 foot depth contour or a greater depth contour if required for boats in use or appropriate for use on the waterway, based on the normal summertime low levels on the waterway or summer minimum levels where established by department order.

NR 326.03(5) (5) “Littoral drift” means the sedimentary material which moves in the zone of waves breaking on the shore because of waves and current.

NR 326.03(6) (6) “Ordinary highwater mark” has the definition contained in s. NR 320.03 (4).

NR 326.03(7) (7) “Outlying waters” as defined in s. 29.001 (63), Stats., means Lakes Superior and Michigan, Green Bay, Sturgeon Bay, Sawyer’s harbor, and the Fox river from its mouth up to the dam at DePere.

NR 326.03(8) (8) “Pier” as defined in s. 30.01 (5), Stats., means any structure extending channelward from the shore with water on both sides, built or maintained for the purpose of providing a berthing or mooring place for watercraft or for loading or unloading cargo or passengers onto or from watercraft. Such a structure may include a boat shelter which is removed seasonally.

NR 326.03(9) (9) “Pierhead line” means a line established in the water adjacent to and roughly parallel to the shoreline under s. 30.13, Stats., by municipalities, and subject to approval by the department, for the purpose of creating uniformity in the length of piers extending from the shoreline into the waterway.

NR 326.03(10) (10) “Riparian” means an owner of land adjacent to navigable waters.

NR 326.03(11) (11) “Similar conveyance” for purposes of s. 30.133, Stats., means any transfer in excess of 2 years. “Similar conveyance” does not include a lease of a marina facility to an operator of the facility.

NR 326.03(12) (12) “Solid pier” means a structure, not allowing for the free flow of water beneath, extending into the water from the shore to serve as an aid to navigation. For the purposes of this chapter, the term solid pier does not include piers that utilize rock filled cribs or similar types and size devices as foundation. Such foundations require permits under s. 30.12, Stats.

NR 326.03(13) (13) “Visually intrusive” means clearly standing out from the shoreline background because of color or reflectivity when viewed from out on the water during the time when leaves are on deciduous trees.

NR 326.03 History History: Cr. Register, March, 1981, No. 303, eff. 4-1-81; renum. (1) to (9) to be (2) to (10) and am. (7) and (9), cr. (1) and (11), Register, August, 1991, No. 428, eff. 9-1-91; correction in (6) made under s. 13.93 (2m) (b) 7., Stats., Register January 2002 No. 553; CR 01-054: renum. (3) to (11) to be (4) to (10), (12) and (13), cr. (3) and (11) Register August 2002 No. 560, eff. 9-1-02.

NR 326.04 NR 326.04 Pier standards.

NR 326.04(1) (1) Except as provided in sub. (2) or (8), piers shall not extend into the water from the shoreline beyond the line of navigation or the length of the boat using the pier unless a need can be demonstrated by the riparian that boats using the pier require a greater depth of water. The depth of water necessary for nonfixed keel sailboats shall be measured with the centerboard or dagger boards raised.

NR 326.04(2) (2) Piers may extend out to any pierhead line.

NR 326.04(3) (3) 

NR 326.04(3)(a) (a) Solid piers may be permitted under s. 30.12 (2), Stats., only on the following waters:

NR 326.04 Note Note: 2003 Wis. Act 118 repealed s. 30.12 (2), Stats.

NR 326.04(3)(a)1. 1. Outlying waters;

NR 326.04(3)(a)2. 2. Harbors connected to outlying waters;

NR 326.04(3)(a)3. 3. Fox river from the DePere dam to Lake Winnebago;

NR 326.04(3)(a)4. 4. Lake Winnebago; and

NR 326.04(3)(a)5. 5. Mississippi river.

NR 326.04(3)(b) (b) Solid piers shall be provided with a sufficient opening to provide for the passage of littoral drift. The opening size shall be adequate to prevent the deposition of littoral drift considering wave energy, littoral drift supply and near-shore water depths.

NR 326.04(4) (4) A pier shall not totally enclose any portion of a navigable waterway.

NR 326.04(5) (5) Piers shall not unreasonably obstruct navigation or otherwise interfere with public rights in navigable waters.

NR 326.04(6) (6) Piers shall not interfere with the rights of other riparians.

NR 326.04(7) (7) Piers shall not interrupt the free movement of water nor cause the formation of land by deposition of littoral drift upon the bed of the water.