Legislative ALERT (Part 2) - Wisconsin Piers

Mark Thursday June 24, 2004 in your calendars as the day that Wisconsin ’s political system really worked for the majority. That was the day that over 600 Wisconsinites attended a meeting at the County Courthouse in Minoqua Wisconsin about shoreline management. With room for only 75 people in the courthouse debate room, most were turned away despite driving many hours to get there. Prior to leaving, most filed their names with the Legislative Clerk to vote in favor or in opposition to the Wisconsin Department of Natural Resource, DNR Emergency Rule NR 326. Of the 427 people who registered at the hearing, 413 voted in opposition to the new rule.

After spending the day hearing debate and testimony on the issues in the DNR’s rule, the Wisconsin Legislature’s Joint Committee for Review of Administrative Rules suspended the DNR rule pertaining to piers. According the Wisconsin REALTOR Association legal sources: The committee also voted to suspend in 30 days, unless the committee withdraws the suspension, the rule on the DNR Board policies on protection and management of public waters (NR 1). If compromises can be worked out in the 30 days, the rule as amended will be allowed to proceed. If not, it is suspended.

Other actions taken by the committee:

• Suspended NR 310.17(4)(a), a provision of the rule on timeliness and procedures for exemptions, general permits and individual permits for activities in navigable waterways. The suspended provision removed the 30-day delay in the effective date of individual permits which are granted by the DNR.
• Suspended several parts of NR 328, the rule on shore erosion control of inland lakes and impoundments. The provisions suspended covered riprap and certain structures.
• Allowed NR 325 to remain in effect, without change. The rule covers boathouses and fixed houseboats in navigable waterways . (Source: Wisconsin REALTOR Association Legislative update).

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

As the DNR spends the next 30 days restructuring the Emergency Rule they will also be working on a complete overhaul of their waterfront management policies. Preliminary sources indicate that the restructuring will be incredibly more invasive than the pier rules and will further limit property owners’ rights to reasonable shorefront usage. The major impacts of pending rules include shore access, view corridors and new setback requirements among a few of the proposed restrictions.

Keep checking here for information on future public hearings as these topics take shape in the coming months. Expect a public listening session by the DNR to occur in Door County Summer 2005. Contact your local representatives and request that Door County residents be included in the DNR’s listening process for their waterfront management policy sessions. The system works but it takes an effort from all of us.

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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