A joint hearing of the Assembly and Senate Natural Resources Committees on the proposed pier rules (NR 326) is scheduled for Feb 8th (10:00 AM, 412 East, State Capitol).

The Wisconsin Association of Lakes served on the pier rule advisory committee to develop reasonable rules that balance property owner’s rights to access the water, to continue enjoying their piers, and to preserve the character and health of our lakes. This rule was developed with significant discussion and compromise among a group of stakeholders (including Wisconsin Realtors), public listening sessions, and public hearings.

A separate pier bill (AB-850) has been introduced that would bypass the public rulemaking process in order to allow certain private riparian property owners to place pre-existing and new piers that are clearly detrimental to other riparian property owners and the public's interest in public waters. Provisions in this introduced bill include:

• Requiring DNR to issue permits for harmful piers even if they negatively impact an adjacent property owner, obstruct navigation, or damage fish and wildlife habitat.
• Restricting the recourses for adjacent property owners who may be harmed by a neighbor's pier.
• Allowing high density condominium and commercial development to double their number of boat slips. This is unfair to single family home owners whose lakes and property are adversely affected.
• Creating standards, exemptions, and permitting requirements that are more confusing for property owners, the problem 2003 Act 118 was intended to solve.

We encourage you to attend the public hearing on February 8, 2006 or contact your legislator to express your thoughts on the proposed rule and AB-850.

The Attorney General protects the rights of Wisconsin consumers, property owners and taxpayers by representing the state and citizens in cases— including consumer fraud and environmental pollution—that affect the public interest. The Attorney General is an independently elected public official accountable to Wisconsin citizens, not other elected officials. To protect the interest of Wisconsin citizens, the Attorney General can join multi-state legal actions and file public nuisance suits.

How have Public Nuisance suits been helpful to citizens concerned about lakes?

A public nuisance is as an unreasonable interference with a right common to the general public. Nuisance law plays an important role in protecting the public against threats not yet recognized or invented. Public nuisance cases typically involve private actions that interfere with public property, including parks, highways or waterways.

Individual property owners are also affected by public nuisances. For example, an ongoing case on Lac Court d'Orielles partially alleges that private lakeshore homeowners cannot use their bay because polluted runoff from a cranberry operation has lead to massive algae blooms that may be harmful to humans and hinder musky spawning and navigation. Since cranberry operations are not regulated under Wisconsin's water law, the suit is based on general nuisance law rather than a specific statute or regulation.

Regardless of the outcome of this pending case, public nuisance law allowed each side’s perspective to be heard and judged in a court of law. Without public nuisance law, citizens who feel their lake is being significantly and adversely impacted by the actions of one individual would have no legal recourse.

The Department of Justice estimates there have been fewer than ten public nuisance cases over the last several decades. Even though the number of cases is small, the problems they seek to address are egregious and are not covered by other Wisconsin laws. Local governments and public health departments have also used public nuisance suits to protect public interests.

AB-278 and SB-425 would strip Attorney General’s independent authority

Two bills working their way through the Wisconsin Legislature would dramatically diminish the traditional protections Wisconsin citizens have enjoyed since statehood that the Attorney General is empowered to defend. Provisions within these bills include:

• Prohibiting the Attorney General from filing public nuisance cases
• Prohibiting the Attorney General from joining ongoing cases other state Attorneys General are already pursuing
• Requiring gubernatorial or legislative approval to join multi-state suits (such as the collective state effort that resulted in the tobacco settlement).
• Requiring the Attorney General to obtain legislative or gubernatorial approval before filing proactive cases to protect the interests of Wisconsin citizens.

Please contact your legislator to let them know your opinion on these bills.

Working together, Wisconsin businesses, local governments, and citizens have improved our state’s water quality. The Clean Water Act (passed in 1972) has helped Wisconsin communities improve public health through sewage and wastewater treatment upgrades and reduce pollution flowing into our waters.

The Lac du Flambeau Band of Lake Superior Chippewa wants to join the collaborative effort to protect lake and water resources by administering the Clean Water Act water quality standards on tribal lands. The Lac du Flambeau band would follow the lead of tribes in Minnesota, Michigan, and other Wisconsin tribes who are successfully administering tribal waters under the Clean Water Act.

Lac du Flambeau tribal lands have a wealth of water resources enjoyed by tribal members, non- native residents, and an estimated 4000 summer tourists. Tribal administration of the Clean Water Act would apply public health protections other Wisconsin residents currently enjoy to the 260 lakes, more than 70 miles of streams, and 24,000 acres of wetlands on tribal lands.

Successful protection of Wisconsin's unique lakes depends on strong partnerships among local governments, lake groups, and citizens. Supporting tribal efforts to apply federal clean water standards to tribal waters will contribute positively to lake-rich Vilas County’s ongoing watershed and lake protection efforts.

“We are pleased that the tribe is seeking equal protection for water resources that flow in and out of tribal lands.” says Peter Murray, Wisconsin Association of Lakes Executive Director. “Good water quality benefits everyone. Healthy lakes help maintain lakefront property values, boost the greater communities’ tax bases, and support income generated by visiting tourists.”

A recent article in Business North magazine finds birds, bears, and other wildlife mean big dollars for local economies. Nationally, 66 million wildlife watching Americans contribute $38.4 billion dollars to the tourism economy, and the number of people participating in wildlife watching is expect to grow rapidly.

According to a 2001 U.S. Fish and Wildlife Service survey, Wisconsin residents rank No. 3 nationwide in the number of resident wildlife watchers. In total, more than 3.1 million residents and tourists participated in wildlife watching activities in the state. According to Wisconsin figures:

• wildlife viewing contributed $1.3 billion to Wisconsin’s economy
• money spent by wildlife watchers for food, lodging and transport was more than $250 million
• the amount spent by wildlife watchers and photographers for equipment was $837 million.

Wildlife watching can provide tourism income year round. For example, periods of bird migration in Northwest Wisconsin fall neatly into or near the regional tourism industry’s slow months. Protecting wildlife habitat is essential to the continued health and growth of this important part of the tourism industry.