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

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.

NR 326.04(8)(8) Piers associated with marinas and other similar mooring facilities shall not extend into the water from the shoreline beyond the line of navigation unless a permit is obtained under s. 30.12 (2), Stats. Such marinas shall be open to the public. Use of the facility by the public may be conditioned only on the payment of a reasonable mooring or anchoring fee.

NR 326.04 NoteNote: As an example, the use of such an extended pier shall not be conditioned upon membership in a private club or organization, purchase of a parcel or property, or purchase of a boat.

NR 326.04(9)(9) Piers shall not be constructed or maintained with a screen or in any other manner which would trap or accumulate aquatic plants.

NR 326.05NR 326.05 Permits required. Riparians intending to construct solid piers, rock-filled cribs or similar types and size devices used as foundations, piers which extend beyond established pierhead lines, or piers not conforming to s. NR 326.04 (1) or (9), shall apply for permits under s. 30.12 (2), Stats.