Lake related laws
Wisconsin's State Constitution provides the basic framework by which our citizens live. A particularly important component of the state Constitution for water lovers is the Public Trust Doctrine. There are also several especially important sections of the state statutes that are related to lakes and lake groups.
State policy decisions that can affect lakes can occur in the legislature (role of legislature in lake policy), administrative rule making (role of administrative rules), or at a more local level through county or municipal ordinances (role of local ordinances).
The Judicial branch (role of the courts) can also influence lake policy through decisions on individual court cases. The Executive branch (role of Executive branch) can play a role in lake policy.
The Wisconsin Association of Lakes focuses on state policy issues, however federal laws also play an important role in lake policy. Wisconsin must comply with Federal laws. The Clean Water Act is an example of an important federal law that states must implement. Some federal laws allow states to develop more restrictive standards than the federal baseline.
Smaller units of state government (towns, cities, villages, lake districts, sanitary districts, counties) must comply with state law. In some cases, local governments are allowed to adopt regulations than are stronger than statewide standards.
Public Trust Doctrine (Wisconsin State Constitution)
Wisconsin lakes and rivers are public resources, owned in common by all Wisconsin citizens under the state's Public Trust Doctrine, located within the state Constitution. It declares that all navigable waters are “common highways and forever free,” and held in trust by the Department of Natural Resources. Based on the state constitution, this doctrine has been further defined by case law and statute.
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 (PDF 32 KB)
“Common highways and forever free”- Wisconsin’s Public Trust Doctrine (PDF 42 KB)
Wisconsin's waters belong to everyone (Exits site)
Important Wisconsin State Statutes to lakes
Wisconsin's State Statutes—which cannot be contrary to what is already outlined in the Constitution—provide detail on what municipalities, businesses, and citizens can legally do within state borders.
Look up Wisconsin State Statutes (exits site)
Chapter 30: Navigable waters
Chapter 30 implements the Public Trust Doctrine by defining and regulating the activities of riparian property owners in or adjacent to public navigable waters. Chapter 30 regulates placement of structures, dredging, and similar activities; permits for these activities are handled by the Department of Natural Resources.
A stream is navigable if it has a bed and banks and you can float a canoe or other small craft in the stream at some time of the year, even if only during spring floods.
The riparian normally owns the streambed up to the center of the stream. The State owns the bed of natural lakes, while the riparian owns lakebeds on flowages or raised lakes, out to the original lakebed. In all cases, the water is public and held in trust by the State.
Waterway and wetland permits (Exits site)
Chapter 31: Regulates water level management or manipulation of navigable waters
Chapter 31 of the Wisconsin Statutes outlines the regulations of dams and bridges affecting navigable waters. Some lakes have been created or their area expanded when dams have been installed. Establishing or changing levels on lakes or flowages will generally require DNR approval.
Chapter 31 protects your water rights as well as public safety by ensuring adequate planning and design of projects that may affect public waters.
Waterway and wetland permits (exits site)
Chapter 33: Lake District law
Lake districts have a unique blend of powers and governance provisions tailored to fit the needs of lake communities. Districts may be formed under Chapter 33 of the Wisconsin Statutes to undertake protection, rehabilitation and recreational improvement of public inland lakes.
Public inland lakes are defined as those lakes, reservoirs or flowages within the boundaries of the state which have public access. The access need not be developed with docking, launching or parking facilities. If a public user can reach the lake without trespassing on private land, the lake is a public inland lake.
More information about Lake Districts
Chapter 60: Town Sanitary Districts
Chapter 60 establishes a structure for the creation and operation of a town sanitary district. Wisconsin law makes special provisions for "lake sanitary districts." These are town sanitary districts which include at least 60% of the shoreline of a lake which does not have a public inland lake district. These lake sanitary districts have both sanitary district and lake district powers. (Lake districts can also obtain sanitary district powers.)
Chapter 19: Open Meetings and Records law
The Wisconsin open meetings law applies to all meetings of lake district and sanitary district commissioners (this includes telephone conference calls and informal meetings). The open meetings law has two basic requirements:
- advance public notice of each meeting must be given,
and
- all business must be conducted in open session
(unless an exemption applies).
Public notice must be given at least twenty-four hours in advance of the meeting, unless for good cause such notice is impossible, in which case notice must be given no less than two hours prior to the meeting.
The board chairperson is responsible for giving notice of every meeting to any member of the news media that has requested such notice in writing, and the official newspaper or other news medium likely to give notice if no official paper exists, and by posting the notice in three places likely to be seen by the general public.
Meetings of the board must be held in a place which is reasonably accessible to all members of the public. Meetings must be open to all citizens at all times unless an exception applies.
While the open meetings law grants citizens the right to attend and observe meetings of the board of commissioners, it does not grant citizens a right to participate in those meetings. The board is free to determine for itself whether to allow citizen participation. The board is required to keep minutes for each meeting which include a record of motions and roll call votes. All records of the district must be available for public inspection.
Chapter 181: Non profit corporation statute
Many lake associations chose to file "Articles of Incorporation" in order to become a nonprofit organization. Nonprofit corporations enjoy a wide range of powers under Chapter 181 of the Wisconsin Statutes. These include, for example, the rights to:
- acquire property
- borrow money
- make contracts
- sue and be sued
- invest money
- make donations for public welfare
- and other general powers.
