Wisconsin's Public Trust Doctrine

Wisconsin lakes and rivers are public resources, owned in common by all Wisconsin citizens under the state's Public Trust Doctrine. Based on the state constitution, this doctrine has been further defined by case law and statute. It declares that all navigable waters are “common highways and forever free,” and held in trust by the Department of Natural Resources.

Wisconsin citizens have pursued legal and legislative action to clarify or change how this body of law is interpreted and implemented. As a result, the public interest, once primarily interpreted to protect public rights to transportation on navigable waters, has been broadened to include protected public rights to water quality and quantity, recreational activities, and scenic beauty.

All Wisconsin citizens have the right to boat, fish, hunt, ice skate, and swim on navigable waters, as well as enjoy the natural scenic beauty of navigable waters, and enjoy the quality and quantity of water that supports those uses.

Wisconsin law recognizes that owners of lands bordering lakes and rivers – “riparian” owners – hold rights in the water next to their property. These riparian rights include using the shoreline, the reasonable use of the water, and a right to build piers for navigation. However, the Wisconsin State Supreme Court has ruled that when conflicts occur between the rights of riparian owners and public rights, the public’s rights are primary and the riparian owner’s secondary.

Common Ways: the Public Trust Doctrine in Wisconsin by Wisconsin Association of Lakes Legislative Counselor Bill O'Connor
(PDF 32 KB)

“Common highways and forever free”- Wisconsin’s Public Trust Doctrine by Michael Cain, Department of Natural Resources attorney
(PDF 42 KB)

Wisconsin's waters belong to everyone
(Exits site)