Chapter 31

CHAPTER 31

REGULATION OF DAMS AND BRIDGES AFFECTING NAVIGABLE WATERS

31.01   Definitions.

31.02   Powers and duties of department.

31.03   Permits for the Lower Wisconsin State Riverway.

31.04   Permits for dams.

31.045   Permits for dams that affect drained lands.

31.05   Applications for permits to construct.

31.06   Hearing.

31.07   Applications for permits to operate and maintain existing dams.

31.08   Hearing.

31.09   Proposals to accompany applications.

31.095   Water power permits, condition precedent.

31.10   Permit not to be valued.

31.11   Certificate of terms and forfeiture of permits.

31.12   Map, profile and plans.

31.13   Raising or enlarging existing dams.

31.14   Proof of ability to maintain dams required.

31.18   Obligations of owners of bridges and dams.

31.185   Permits to abandon dams.

31.187   Abandoned dams.

31.19   Inspection of dams; orders.

31.21   Transfer of permit.

31.23   Forfeitures; private bridges and dams.

31.25   Nuisances, abatement.

31.253   Dam removal; opportunity for hearing.

31.26   Civil liabilities.

31.29   May employ hydraulic engineer and assistants.

31.30   Dams on Brule River.

31.305   Dams in the Lower Wisconsin State Riverway.

31.307   Dam on Milwaukee River.

31.309   Portage levee system and canal.

31.31   Dams on nonnavigable streams.

31.32   Dams not to injure other dams or sites.

31.33   Jurisdiction of department.

31.34   Flow of water regulated.

31.35   Dams in areas leased by county; restrictions; control by circuit judge; when.

31.36   Levee commissioners.

31.38   Municipal authority to construct and maintain dams.

31.385   Dam safety; aid program.

31.387   Dam rehabilitation projects.

31.39   Fees for permits, approvals and hearings.

31.99   Parties to a violation.

Ch. 31 Cross-reference Cross-reference: See also ch. NR 300, Wis. adm. code.

31.01 31.01 Definitions. Terms used in this chapter are defined as follows:

31.01(1) (1) “Corporation” means a private corporation organized under the laws of this state.

31.01(2) (2) “Department” means the department of natural resources.

31.01(3) (3) “Grantee” means the person, firm, corporation or municipality to whom a permit is granted, and all subsequent owners of the grant.

31.01(4) (4) “Municipality” means any town, village, city or county in the state.

31.01(5) (5) “Navigable waters” means all waters declared navigable by ch. 30.

31.01(6) (6) “Permit”, unless the context otherwise requires, means legislative permission granted under s. 31.06 to construct, operate and maintain a dam in or across navigable waters, or under s. 31.08 to continue the operation and maintenance of any dam so situated which was constructed before such legislative permits were required.

31.01 History History: 1983 a. 189.

31.02 31.02 Powers and duties of department.

31.02(1) (1) The department, in the interest of public rights in navigable waters, to promote safety, and to protect life, health, property, property values, and economic values may regulate and control the level and flow of water in all navigable waters and may erect, or may order and require bench marks to be erected, upon which shall be designated the maximum level of water that may be impounded and the lowest level of water that may be maintained by any dam heretofore or hereafter constructed and maintained and which will affect the level and flow of navigable waters; and may by order fix a level for any body of navigable water below which the same shall not be lowered except as provided in this chapter; and shall establish and maintain gauging stations upon the various navigable waters of the state and shall take other steps necessary to determine and record the characteristics of such waters.

31.02(2) (2) The department may investigate and determine all reasonable methods of construction, operation, maintenance, and equipment for any dam so as to conserve and protect all public rights in navigable waters and so as to protect life, health and property; and the construction, operation, maintenance and equipment, or any or all thereof, of dams in navigable waters shall be subject to the supervision of the department and to the orders and regulations of the department made or promulgated under this chapter.

31.02(3) (3) The department or any member or any agent or employee thereof shall at all times be accorded free access to any and all parts of any dam and appurtenances constructed or maintained in navigable waters and may enter upon any property to investigate a waterway or use of water from any lake or stream.

31.02(4) (4) The department may order and require any dam heretofore or hereafter constructed to be equipped and operated, in whole or part, as follows:

31.02(4)(a) (a) With slides and chutes for the passage of logs and timber products.

31.02(4)(b) (b) With a lock, boat hoist, marine railway or other device of a size and construction sufficient to accommodate navigation.

31.02(4)(c) (c) With good and sufficient fishways or fish ladders, or in lieu thereof the owner may be permitted to enter into an agreement with the department to pay for or to supply to the state of Wisconsin annually such quantities of game fish for stocking purposes as may be agreed upon by the owner and the department.

31.02(4)(d) (d) With spillways or flood gates capable of permitting the passage through or over the same of freshets and floods during all seasons of the year.

31.02(4)(e) (e) With booms, piers or other protection works ample to safeguard flood gates from trash or other floating material.