Legislative ALERT (Part 1) - Wisconsin Piers

According to new DNR emergency regulations, if you own a pier or wharf in Door County you MUST apply for a permit to continue its use. The 2003 Wisconsin Jobs Creation Act 118 has allowed the DNR to enact this program by simplifying the permit application process for activities in and near navigable waterways. According to attorneys at the Wisconsin REALTOR Association in Madison , “The emergency rules establish general permits and the standards applicable to exempt activities.” Such activities include 90% of all Door County piers.

According to the emergency rule all owners of wharfs or piers (permanent & seasonal) must apply for a general permit in order to remain at the water’s edge legally. Applications are available on the DNR website.

Limitations are based upon some of the following criteria. This list is not exhaustive by any means. Many additional limitations exist as part of the regulation.

The pier may not exceed six feet in width and may not include a deck; the pier or wharf may not have any structures placed on it or attached to it, with the exception of the following temporary structures which shall be removed between November 1 and April 1 annually (a ladder, a bench not to exceed 2’ wide by 8’ long, chairs, a table, flower pots and a flagpole), The pier may not be located in an area of special natural resource interest (ASNRI) or where there are public rights features [this includes 95% of Door County’s shoreline]. Source WI DNR Exemption Checklist #5.

The emergency action is in effect on an initial basis for 150 days starting April 19, 2004 . During such time permanent implementation is being sought by the DNR from the Wisconsin State Legislature. But not until a single Legislative Public Hearing is held for property owners at 11AM June 24 in Minoqua Wisconsin (see WRA advertisement this issue).

Complete details on the DNR regulations including the complete 11 page Emergency Rule provisions (Chapter NR 326) and the general application materials are available at the following website address… http://www.dnr.state.wi.us/org/water/fhp/waterway/piers.shtml

Written comments are welcome in advance to the public hearing or in absence to them and may be made to Door County representatives at the following addresses.

Wisconsin State Assembly Representative Gary Bies
Room 125 West
State Capitol
P.O. Box 8952
Madison 53708
Phone: 608.266.5350 or Email: Rep.Bies@legis.state.wi.us
Staff: Eric Voight

Wisconsin State Senate Senator Alan Lasee:
Room 219 South
State Capitol
P.O. Box 7882
Madison 53707-7882
Phone: 608.266.3512 or Email: Sen.Lasee@legis.state.wi.us
Staff: Allison Coakley; Shari Lord; Kenlyn Harris

Kevin Nordahl is a life-long resident of Door County, a REALTORŪ and a member of the Door County MLS. He is a Past President of the Door County Board of REALTORS® and a Senior Sales Consultant at Coldwell Banker Door County Horizons in Fish Creek. He may be reached online at knordahl@doorcountyrealestate.com or by phone at (920) 493-4004.

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