895.526(5) (5) Effect on related provision. Nothing in this section affects the limitation of a property owner’s liability under s. 895.52.

895.526 History History: 2011 a. 199; 2015 a. 168.

895.526 Annotation Codify This: Exculpatory Contracts in Wisconsin Recreational Businesses. Nold. 101 MLR 573 (2017).

895.526 Annotation The Exculpatory Contract and Public Policy. Anzivino. 102 MLR 747 (2019).

895.5265 895.5265 Civil liability exemption; placement of certain structures in waterways.

895.5265(1) (1) In this section, “department” means the department of natural resources.

895.5265(2) (2) A person is immune from civil liability for damage to personal property, injury to a person, or death caused by placing a structure on the bed of a navigable water or in a wetland if the structure is placed for the purpose of fish and wildlife habitat creation, protection, or improvement or if the structure is a net pen that meets the requirements under s. 30.12 (3) (b) 1. a., b., and c., and if any of the following applies:

895.5265(2)(a) (a) The department authorized the person to place the structure under a permit or other approval issued under subch. II of ch. 30 or under s. 281.36 and the person placed the structure in accordance with the permit or other approval.

895.5265(2)(b) (b) The person is exempt from any permit requirement under subch. II of ch. 30 or under s. 281.36 and the structure is placed in a manner that meets the exemption requirements.

895.5265(2)(c) (c) The person is acting under the direction of a person described under par. (a) or (b).

895.5265(2m) (2m) A person is immune from civil liability for damage to personal property, injury to a person, or death caused by a structure described under sub. (2) if the structure was placed on the bed of a navigable water or in a wetland on or adjacent to the person’s property by a predecessor in title to the property.

895.5265(3) (3) No person authorized under sub. (2) (a), (b), or (c) to place a structure in a navigable water or wetland and no person described under sub. (2m) owe to any person a duty to do any of the following:

895.5265(3)(a) (a) Inspect or maintain the structure.

895.5265(3)(b) (b) Give warning of the existence of the structure unless specifically required by law.

895.5265(3)(c) (c) Give warning of an unsafe condition caused by the structure.

895.5265 History History: 2015 a. 220.

895.527 895.527 Sport shooting range activities; limitations on liability and restrictions on operation.

895.527(1) (1) In this section, “sport shooting range” means an area designed and operated for the use and discharge of firearms.

895.527(2) (2) A person who owns or operates a sport shooting range is immune from civil liability related to noise resulting from the operation of the sport shooting range.

895.527(3) (3) A person who owns or operates a sport shooting range is not subject to an action for nuisance or to state or local zoning conditions related to noise. If a sport shooting range, on the date it was established, was a lawful or legal nonconforming use under any state law or local ordinance related to its use that was in effect on that date, the sport shooting range continues to be subject to the state laws and local ordinances related to its use that were in effect on the date it was established. No court may enjoin or restrain the operation or use of a sport shooting range on the basis of noise or on the basis of noncompliance with a state law or local ordinance related to its operation or use that was enacted after the date that the sport shooting range was established if the sport shooting range, on the date it was established, was a lawful or legal nonconforming operation or use under any state law or local ordinance related to its operation or use that was in effect on that date.

895.527(4) (4) Any sport shooting range that exists on July 16, 2013, may continue to operate as a sport shooting range at that location notwithstanding any zoning ordinance enacted under s. 59.69, 59.692, 60.61, 60.62, 61.35 or 62.23 (7), if the sport shooting range is a lawful use or a legal nonconforming use under any zoning ordinance enacted under s. 59.69, 59.692, 60.61, 60.62, 61.35 or 62.23 (7) that is in effect on July 16, 2013. The operation of the sport shooting range continues to be a lawful use or legal nonconforming use notwithstanding any expansion of, or enhancement or improvement to, the sport shooting range.

895.527(5) (5) Any sport shooting range that exists on June 18, 1998, may continue to operate as a sport shooting range at that location notwithstanding all of the following:

895.527(5)(a) (a) Section 167.30 (1), 941.20 (1) (d) or 948.605 or any rule promulgated under those sections regulating or prohibiting the discharge of firearms.

895.527(5)(b) (b) Section 66.0409 (3) (b) or any ordinance or resolution.

895.527(5)(c) (c) Any zoning ordinance that is enacted, or resolution that is adopted, under s. 59.69, 60.61, 60.62, 61.35 or 62.23 (7) that is related to noise.

895.527(6) (6) A city, village town or county may regulate the hours between 11:00 p.m. and 6:00 a.m. that an outdoor sport shooting range may operate, except that such a regulation may not apply to a law enforcement officer as defined in s. 165.85 (2) (c), a member of the U.S. armed forces or a private security person as defined in s. 440.26 (1m) who meets all of the requirements under s. 167.31 (4) (a) 4.

895.527(7) (7) A person who is shooting in the customary or a generally acceptable manner at a sport shooting range between the hours of 6:00 a.m. and 11:00 p.m. is presumed to not be engaging in disorderly conduct merely because of the noise caused by the shooting.

895.527(8) (8) An owner or operator of a sport shooting range, or an employee, agent, contractor, customer, or insurer of the owner or operator of a sport shooting range, and any user of a sport shooting range is immune from civil liability in any action commenced by the state or its political subdivisions, or by a special purpose district, related to the use, release, placement, deposition, or accumulation of any projectiles on or under the sport shooting range or other contiguous real property over which the owner or operator of a sport shooting range has an easement, leasehold, or other legal right to use.

895.527(9) (9) An owner, operator, officer, or board member of a sport shooting range, and any employee or volunteer acting on behalf of the owner or operator who provided recommendations regarding the operation of a sport shooting range, are immune from any civil action based solely on the negligent action of a user of the sport shooting range.