Waterway Permit Frequently Asked Questions
Find answers to questions about permitting for activities that may impact navigable waterways below.
The DNR Waterways Program regulates several activities, including:
- Boathouse repair and maintenance.
- Construction of ponds within 500 ft. of a navigable waterway
- Dredging, meaning removal of material from the bed of a lake or stream.
- Grading on the bank of a navigable waterway.
- Placing structures, such as piers, boat shelters, riprap, seawalls, fish habitat structures, pilings, intake/outfall pipes, etc.
- Placing crossings, including bridges, culverts, and fords.
Activities proposed above the ordinary high water mark of a lake, river, or stream, are regulated by your local or county zoning authority under floodplain or shoreland zoning authority.
Beach Construction and Maintenance
Can I build a beach on my shoreline and does it require a permit?
Placing any fill, including sand, pea gravel, and rock, below the Ordinary High Water Mark, requires a DNR permit. Sand is not allowed as fill material below the Ordinary High Water Mark. Pea gravel is allowable and requires a general permit.
Do I need a DNR permit to clean up my beach?
Activities below the Ordinary High Water Mark may require a DNR permit. See Beach Maintenance Activities fact sheet for more information.
Beavers
Do I need a permit to remove a beaver dam?
If a beaver dam is obstructing a public watercourse, the owner or occupant of any lands damaged by the effect of the dam may remove it, recognizing the following criteria:
- The person removing the dam should make a clear showing that it is damaging their lands.
- The person removing the dam must do so at their own expense.
- The person removing the dam must remove it from the property, unless they have consent from the property owner to dispose of the material in an upland area on the property.
- The dam may not be disposed of in a wetland area, which would constitute a discharge of fill into wetlands, and is then subject to DNR wetland regulations.
- More than 2 cubic yards of streambed may not be removed without a DNR Waterways permit.
Bluffs
Is a DNR permit required to modify the steep grade along my shoreline?
Land disturbance activity and land development above the Ordinary High Water Mark must follow local regulations and likely do require a permit from your local or county zoning authority.
Your property may be in a local government zoning district that regulates activities on bluffs and steep slopes. These zoning protections are created to comply with state rules to reduce soil erosion, stabilize sensitive areas and protect property. If applicable, regulated activities include structure setbacks, land disturbance, vegetation removal, and creating water access.
Boat ramps
Is a DNR permit required to build a boat launching ramp?
Yes, a permit is required to place concrete planks, gravel, rock, or other materials on a public lake or streambed to provide access to public waters. General permits are available for boat ramps open to the public or on larger lakes with limited existing boat ramps. Individual permits are available for private boat ramps, such as for a campground or resort.
Boat shelters
Is a DNR permit required to build or repair a boat house, boat storage structure, or storage shed adjacent to a lake or river?
Yes, most permanent boat shelters require an individual permit from the DNR. Permanent boat shelters on the Mississippi River and portions of the Wolf and Fox Rivers may be eligible for a general permit. Certain seasonal boat shelters may be eligible for a permit exemption.
Bridge crossings
Is a DNR permit required to construct a bridge over the stream that flows through my land?
Yes, a DNR waterways permit is required for the following crossings:
Fords — a ford is material placed flush with the streambed to allow for vehicle crossing. For crossings less than 100 feet wide on streams less than 2 feet deep, riparian owners may be eligible for a general permit.
Clear Span Bridges — a riparian owner may be eligible for a general permit if the bridge spans a waterway that is less than 35 feet wide and does not have support pilings below the Ordinary High Water Mark.
Temporary Crossings for Forest Management — a crossing on forest management land that is less than 10 feet wide may be eligible for a general permit
Culvert
Is a DNR permit required to construct or replace a culvert on streams or lakes?
A culvert replacement in the same location as the existing culvert may be eligible for an exemption.
A DNR permit is required for new culvert construction.
Dams
Is a DNR permit required to construct, repair, replace, or remove a dam?
Yes, all of these activities require a DNR permit. See Dam Permits for information and to submit a request for a temporary drawdown.
Decks
I want to build a deck or other structure on my lake or river frontage. What are structure setbacks?
If your deck or structure are above the Ordinary High Water Mark the DNR does not have jurisdiction over it. Minimum setbacks for structures are identified in your community’s shoreland zoning ordinance. Your local or county zoning authority should be able to assist in interpreting any other applicable rules which may be triggered by your proposed project.
Diffuse Water Runoff
MY property is getting flooded because of a road, a culvert, a development, or my neighbor. Can DNR intervene?
DNR does not have authority over and does not regulate or mediate diffuse runoff situations. Your local municipality may have laws addressing your issue, otherwise you may consider a civil dispute.
Dredging
Is a DNR permit required to remove muck, fallen trees, or plants from my shoreline?
In general, removal of less than 2 cubic yards of material is considered minimal impact and does not require a DNR permit. For any larger projects involving the use of machinery to dredge a lake or streambed, a permit is required or an exemption may be available.
Is a DNR permit required to dredge out my boat harbor or pier on a lake?
You may be eligible for an exemption if you plan to dredge around a pier that is also exempt. You may also be eligible for an exemption if you plan to dredge 100 square feet or less of surface area at 1 feet of depth or less in a calendar year using manual methods.
Is a DNR permit required for dredging my lakeshore on a man-made impoundment?
Yes. You may be eligible for a general permit if you plan to dredge no more than 50 cubic yards of material annually for no more than 5 years and the impoundment is in a watershed with at least 30% development.
Dry fire hydrant
Is a DNR permit required for me to install a dry fire hydrant in the lake or stream next to my property?
You may be eligible for an exemption if your project results in minimal disturbance, is not placed in a wetland, and is not placed in a waterway with a special designation.
Fences
Is a DNR permit required to build a fence in or across a wetland or stream on my property?
A DNR permit is required to place a farm fence in or across public waters or wetlands. Fences more significant than a typical 2- or 3- wire farm fence may be regulated under your local city or county’s floodplain ordinance if the area is in a mapped floodplain.
Can I put a fence along my property into the lake to prevent people from trespassing?
Any structure placed below the Ordinary High Water Mark of a lake or river is regulated by the DNR on behalf of the public trust. Fences that are proposed below the Ordinary High Water Mark require a permit before being placed and must meet the public interest.
Fish stocking
Is a DNR permit required to stock fish on the lake that my property is on or in the pond on my property?
Yes, fish stocking in Wisconsin's lakes, rivers, and ponds is regulated by the DNR Fisheries Management Program and requires a permit application.
Grading
Is a DNR permit required to grade the bank of a waterway on my property?
Yes, a DNR permit is required if you plan to disturb more than 10,000 square feet of material on the bank of a navigable or public waterways. However, if you plan to remove more than 1 acre of material, the project will require a DNR stormwater permit and would be exempt from also needing a DNR grading permit.
Habitat Projects
Do I need a DNR permit to place habitat structures on a lake or stream?
Fish Habitat Structures - if your project is not placed on a waterway with a special designation, and is under a certain size, you may be eligible for an exemption (Find your structure on DNR Waterway Exemptions and read the checklist). If you do not see your structure listed on the exemptions page, it will require a DNR permit.
- Find the exemption checklist for your structure type on DNR Waterway Exemptions
Bird Nesting Habitat Structures — if your project is not placed on a waterway with a special designation, and is no more than 25 square feet in surface area, you may be eligible for an exemption.
Projects Designed by a Government Agency — if your habitat project is designed by staff from DNR, a federal agency, or a county agency, it may be eligible for a general permit.
See Ponds and Habitat Structures Permitting for more information.
Intake or outfall structure
Do I need a DNR permit to install an intake or outfall pipe into a waterway?
Your project may be eligible for an exemption if it is not constructed in a waterway with a special designation. If not exempt, then a DNR permit is required.
Irrigation for crops
Do I need a DNR permit to install and use an irrigation system for my crops?
A DNR permit is required for any water withdrawals from streams or lakes for the purpose of agriculture or irrigation. See DNR Withdrawals and Irrigation for more details.
For a groundwater or surface water supply system that has the capacity to withdraw 100,000 gallons per day (70 gallons per minute), you must register the system with the DNR. See DNR Water Use Registration for more details and to submit the registration form.
Irrigation for non-crop use, including lawns
Do I need a DNR permit to use lake or stream water for my yard?
No. Riparian property owners have a right to use water for domestic purposes, so no permit is needed to pump water for use on lawns or gardens, as long as the produce from the gardens is not sold commercially. You may still need a permit for placing an intake structure below the Ordinary High Water Mark. See the Intake and Outfall Structure topic above.
Lake shore frontage activities
Do I need a DNR permit for various work projects on my lakeshore?
A project to excavate or place fill material below the Ordinary High Water Mark of public waterways and wetlands may require a DNR permit. If your project is on the upland areas of your property, you may need authorization from your local or county zoning office if the work area is under a floodplain or shoreland ordinance.
Landscaping
Do I need a DNR permit to landscape my lakeshore property?
No. landscaping work on the upland areas of your property may require a permit from your local or county zoning office. Excessive vegetation removal and land disturbance on steep slopes, on bluffs, or on near-shore areas may be regulated by your local shoreland zoning ordinance.
Navigable Waterways
I have a creek flowing across my property, how do I know if it is navigable?
Navigable waterways area defined in Wisconsin law as a waterway that has defined bed and banks, carries enough water to float a canoe on a recurring basis, and needs only to be navigable during spring runoff to be considered navigable.
Use the DNR Surface Water Data Viewer to see a map of previously complete navigability determinations. On the home page, click "show layers" and turn on the "Permits & Determinations" layer. Then click on the "Navigability Determinations" layer which will show symbols for previously completed determinations. You may have to zoom in on the map for the points to appear.
DNR staff will complete a navigability determination for the waterway you are interested in to determine whether your project needs a permit. Sometimes your county may have information about navigable waters on its website. If not, the DNR can determine it for you.
Email a request to: DNRWMSPublicInquiry@wisconsin.gov
I have a navigable waterway on my property, what am I allowed or not allowed to do?
Activities that disturb the bed or banks of a navigable waterway generally require a DNR permit. When you have an activity in mind and project concept laid out, please see permit options in this and other pages. Contact DNR staff if needed to determine the correct permitting option.
Nonmetallic mining
Do I need a DNR permit for nonmetallic mining on my property?
For projects proposing to mine sand, gravel, clay, stone, rock, rotten granite, sandstone, peat, or another nonmetallic substance for commercial sale, construction, or personal use, DNR water permits may be required. See DNR Nonmetallic Mining for more information.
Ordinary High Water Mark
Where is the Ordinary High Water Mark on my property?
The Ordinary High Water Mark (OHWM) is defined as "the point on the bank or shore up to which the presence and action of the water is so continuous as to leave a distinct mark either by erosion, destruction of terrestrial vegetation, or other easily recognized characteristic." The OHWM does not change with temporary fluctuations in water levels, nor is it always next to open water. Only DNR staff can make a formal OHWM determination.
The DNR regulates activities in waterways below the OHWM while local governments have zoning authority to regulate activities in shorelands and floodplains above the OHWM.
See Ordinary High Water Mark for more information.
Permit applications
I would like to apply for a DNR permit, where do I go?
Visit Water Permit Applications to begin your application. The DNR Water ePermitting System requires a Wisconsin Web Access Management System (WAMS) ID to get started.
For information about the differences between exemptions, general permits, and individual permits, see DNR Waterways Permit Process or Wetland Permits.
Pilings
Do I need a DNR permit to install pilings in a waterway?
If the pilings are part of a larger structure, a permit is typically required unless you are eligible for an exemption for that project type. If your project is solely to place pilings, and it is not located in a waterway with a special designation, you may be eligible for an exemption.
Piers, docks, and wharves
Do I need a DNR permit to place a new pier on my lakeshore?
An existing pier that was first placed before April 17, 2012, does not need a DNR permit.
If you plan to install a new pier or wharf, you may be eligible for an exemption if it is no more than 6 feet wide and has the required number of boat slips.
If your new pier does net meet the exemption requirements, it will require a DNR individual permit. See the DNR Pier Planner fact sheet for more information.
Can I place a pier on property that has an easement on it?
Only the riparian landowner can place a pier on their property. A landowner can rent space on their pier but cannot allow a new pier to be placed on an easement. Section 30.131, Wis. Stats., does allow limited exceptions to this rule.
I believe my neighbor's pier is interfering with my riparian rights, can DNR intervene?
Unless the structure is crossing into your riparian zone and directly interfering with your public rights to use navigable waters, any neighbor to neighbor pier disputes should be resolved through private negotiation or litigation in local courts. The DNR does not take jurisdiction over civil disputes.
Ponds
Do I need a DNR permit to dig out a wildlife pond?
A DNR permit is required for any new pond that is connected to a waterway, within 500 feet of a waterway, OR in a wetland.
Do I need a DNR permit to maintain my pond?
No, you do not need a permit to maintain a pond in its original permitted depth and size. Pond expansion may require a permit and vegetation removal by mechanical methods or by herbicide spraying requires approval from the DNR Aquatic Plant Management program.
See DNR Ponds for more information.
Retaining walls and Seawalls
Is a DNR permit required to build a retaining wall on my shoreline?
A retaining wall is a structure built above the Ordinary High Water Mark meant to reduce land erosion due to steep grades. For projects above the Ordinary High Water Mark, natural vegetation is preferred for stabilizing steep slopes and bluffs. Retaining walls may be appropriate for areas that are actively eroding and are subject to zoning regulations in your local shoreland ordinance. Contact your local or county zoning office for local permitting requirements for shoreline stabilization.
A Seawall is a structure built below the Ordinary High Water Mark for bank stabilization to prevent erosion due to water energy. A DNR permit is required for a seawall project below the Ordinary High Water Mark. The DNR discourages the construction of seawalls. The use of hard armoring, such as rock riprap, is a better alternative, and soft armoring using natural vegetation is encouraged as a best practice. See Shoreline Erosion Control Structures Permitting Options.
Riprap (bank armoring using stone)
I want to protect my shoreline with riprap, do I need a DNR permit?
Riprap is a structure of large natural stones used to armor a stream bank or lake shoreline. The stones must have a diameter of between 6 and 48 inches and placed to be less than 36 inches above the Ordinary High Water Mark with a slope of less than 1 foot horizontal to 1 ¼ foot vertical.
If you are placing no more than 200 feet of riprap along a stream or river that does not have a special designation, you may be eligible for an exemption.
If your project does not meet the exemption, see Shoreline Erosion Control Structures Permitting Options.
I want to repair or replace the riprap on my lake shoreline, do I need a DNR permit?
If your riprap covers less than 200 feet of shoreline on an inland lake, or less than 300 feet on Lake Michigan or Lake Superior, you may be eligible for an exemption. If your shoreline is on a lake with a special designation, you will need a general or an individual permit. See Shoreline Erosion Control Structures Permitting Options.
Shoreland Zoning
I have waterfront property, what is shoreland zoning and does it apply to me?
The Wisconsin Shoreland Zoning Management Program creates a buffer around the water on lakes that protects water quality, wildlife habitat, and recreational access.
In unincorporated towns, the shoreland zone is the 1,000 feet of land next to navigable lakes and the 300 feet of land next to navigable streams, including their floodplains.
The Program sets minimum standards for lot size, vegetation buffer size, and setbacks from the water for structures including piers, decks, walkways, stairways, and boathouses.
The Shoreland Management Program includes other regulations above the Ordinary High Water Mark of the lake or stream, and is managed by your local government, typically the county zoning office if you are in an unincorporated area.
If you are planning any construction projects on your waterfront property, check with your local government about permitting requirements before you begin.
Shoreline erosion
My shoreline is eroding, what can I do, and does it require a DNR permit?
There are several methods to stabilize an eroding shoreline, and DNR encourages the use of natural vegetation and biological methods. Most shoreline erosion control projects require a DNR permit, and some of them offer exemptions if you meet certain conditions.
Biological structures (grasses, trees, live stakes, mats, fiber rolls, etc.) — if your project is not a waterway with a special designation, you are installing by hand, and limiting disturbance to the shoreline, you may be eligible for an exemption.
Riprap — riprap is a structure of large natural stones to armor the bank used to protect your shoreline. A riprap project requires a permit if it will be on a waterway with a special designation or if the riprap covers more than 200 linear feet of shoreline on a lake, stream, or river. See shoreline erosion control structures permitting options.
Seawall — a vertical structure made of timber, concrete, steel, or aluminum; all new seawall construction projects require an individual permit from the DNR. See shoreline erosion control structures permitting options.
Shoreline restoration
I want to restore my shoreline with natural plantings, do I need a DNR permit?
Biological shoreline erosion control, including native plantings, fiber rolls, fiber mats, live stakes, and other structures may be exempt from permitting if installed by hand, does not involved grading or excavation greater than 10,000 square feet, does not involve dredging, and does not involved sand, gravel, or stone.
Sunken log removal
I want to remove logs from the water along my shoreline, do I need a DNR permit?
If the log removal results in disturbance of the bed of the lake, river, or stream, a Ch. 30.20, Wis. Stats., dredging permit may be required. See Dredging Permits.
Swimming rafts
Is a DNR permit required to place a swimming raft in the lake near my property?
Yes, a permit is required, but if the swim raft is placed within 200 feet of the shoreline, has an area of less than 200 square feet and is less than 38 inches above the water, you may be eligible for an exemption (see Swimming Raft Exemption Checklist).
Tree and shrub removal
Is a DNR permit required to cut or clear trees and shrubs along my lakeshore?
If you are doing work above the Ordinary High Water Mark, it is not regulated by the DNR.
Your property may be within a shoreland zoning district that prohibits intensive vegetation clearing in shore impact zones, bluffs impact zones and steep slopes.
Steep slopes average 12 percent or more over a 50-foot horizontal distance. The shore impact zone is half the distance of the structure setbacks. The bluff impact zone encompasses slopes over 30 percent over a 25 foot rise, and includes all applicable setbacks.
Intensive clearing is allowed outside of these areas for residential lots. The DNR recommends to preserve and enhance vegetation near the shore to the greatest extent possible to reduce soil erosion and the movement of sediment into the water.
Limited clearing and trimming of trees and shrubs in the shore impact zones, bluff impact zones, and steep slopes is allowed to provide a view to the water from the principal dwelling and to accommodate the placement of stairways, landings, lifts, picnic areas, access paths. Contact your local or county zoning office to verify the limitations on vegetation removal for your property.
There are dead trees on my shoreline and in the lake, do I need a DNR permit to take them down?
If your property is in a shoreland zoning district, dead or diseased trees, limbs, or branches that pose a safety hazard may be removed without a permit.
I want to cut down trees in a wetland on my property, do I need a DNR permit?
Tree and vegetation removal in wetlands may be completed without a DNR permit if the work is done with no disturbance to the wetland soils and no fill material is discharged into the wetlands. Cutting trees and shrubs and leaving the stumps intact in wetlands does not require a DNR permit. If you place road base, timber mats, gravel, chopped wood, or other material on the ground in a wetland for access to the trees, these are considered "fill" and a wetland permit may be required. See Wetland Permitting Process for more information.
Waterway with a special designation
How do I know if my property or project is on a Waterway with a Special Designation?
Waterways in Wisconsin may be specially designated as areas of natural resource interest, public navigational waterways, or public rights features, and these areas have additional protections.
See Property Lookup to learn to identify these waters on the DNR Surface Water Data Viewer interactive map tool.
Area of Special Natural Resource Interest (ASNRI) — these include waters in state natural areas, trout streams, wild rice waters, state and federal Wild and Scenic Rivers, Outstanding or Exceptional Resource Waters, and sensitive areas on lakes.
Priority Navigable Waterways (PNW) — these include all lakes less than 50 acres in size; sturgeon, walleye, and muskie waters; and perennial tributaries to trout streams.
Public Rights Feature (PRF) — these include areas and features of waterbodies that are critical for ecosystem functions, including wildlife habitat, water quality, breeding and nesting sites, sensitive areas, and navigational waterways used for recreational activities.
Water ski platform
Is a DNR permit required for a water ski jump?
Yes, placement of any ski jump structure in a public waterway requires a DNR permit.
Weed removal
Do I need a DNR permit to remove cattails or grasses from my shoreline?
Yes, a DNR permit is required for control or removal of cattails, grasses, bulrushes, or wild rice from shorelines.
Well construction
Do I need a DNR permit to install a well on my property?
Private wells that are not part of a public water supply and high-capacity wells for agricultural purposes are regulated by the DNR’s Drinking Water & Groundwater Program. See Wells for more information.
Wetlands on my property
How do I know if I have wetlands on my property?
There are over 5 million acres of wetlands in Wisconsin, they’re present in every county, and many of them look dry for most of the year.
To determine if your property has wetlands, review the site on the DNR Surface Water Data Viewer, using the "Mapped Wetlands" and "Wetland Indicators" data layers on the interactive map. If these features show up on the map, there are likely wetlands on the property. If these features do not show up on the map, wetlands may still exist on the property.
You may consider using the DNR’s Wetland Identification Service to determine if wetlands are present. If you know wetlands exist on the property and need to apply for a permit, you may hire a consultant to complete a wetland delineation to determine the exact wetland boundaries.
If you are planning to purchase a property and are unsure if it has wetlands, consider using or ask your realtor about the Real Estate Addendum for Wetlands to protect your investment.
Real Estate Transactions Involving Wetlands
I plan to purchase a property with wetlands on it, do I need a DNR permit to build a driveway, shed, house, or other structure on it?
According to state law, development, including driveways for property access or for residential purposes, must be planned to avoid and minimize impacts to wetlands. If there are other properties in the area that do not have wetlands, these should be chosen to avoid wetlands. If the property has an alternative route for the driveway or structure site that will not impact wetlands, a permit applicant will be directed to use that route or site. The DNR will also consider the quality of the wetlands, the extent of the proposed environmental impacts, and the potential cumulative impacts when reviewing a permit proposal for residential purposes. See Wetland Permitting Process for more information.
Wetland disturbance
Is a DNR permit required to place fill in a wetland?
Yes, a DNR permit is typically required before placing fill, excavating, grading, or mechanized land clearing in wetlands, although you may be eligible for an exemption if the wetland is determined to be artificial or nonfederal.
- Artificial Wetland Exemption Checklist
- Nonfederal Wetland Exemption Checklist
- DNR Wetland Permitting Process
To determine whether a local permit is required, contact your local or county zoning authority, as shoreland or floodplain ordinances may regulate the placement of fill on your property.
Wetland exemptions
Is my project eligible for a DNR wetland exemption?
Nonfederal wetland exemption – If the U.S. Army Corps of Engineers makes a jurisdictional determination that the wetlands are nonfederal, an exemption may apply to your project if it does not impact a high-quality wetland type and will impact less than 1 acre of wetlands in an urban area or impact less than 3 acres of wetlands in a rural area. See the wetland exemption webpage for more details.
Artificial wetland exemption – If there is no historic evidence of wetlands on your project site prior to August 1, 1991, and wetland vegetation is present due to human modifications to the landscape or hydrology, your project may be eligible for an exemption. See the wetland exemption webpage for more details.
Wetland restoration
How do I restore wetlands on my property and do I need a DNR permit to do so?
A variety of technical assistance and funding opportunities exist for landowners to restore wetlands on their property. A variety of wetland conservation projects qualify for a wetland restoration general permit.
Start a Waterway Permit Application
To start a waterway permit application, use the DNR Water ePermitting System.
Other Permits May Be Required
USACE Wetland Permit: To determine if a federal permit is required for your project, contact the U.S. Army Corps of Engineers – St. Paul District Office. Permit applications submitted to the DNR are reviewed by a USACE St. Paul District project manager. A USACE checklist will be required with the application as a screening tool. The federal wetland permitting process is a separate process.
Water Quality Certification: For some waterway projects, a water quality certification (WQC) may be required from DNR as the certifying authority under the Clean Water Act Section 401. WQC requests will be considered complete through a wetland permit application and the DNR Waterways Program typically reviews WQC requests in parallel with permit review. See WQC Request Completeness Elements for the full list of requirements.
Stormwater Notice of Intent (NOI): State law requires a landowner with a project site that is 1 acre or larger to obtain a construction site stormwater permit. Visit the DNR Stormwater Runoff Permitting page to submit a notice of intent.
Floodplain and Shoreland Zoning Authorization: If your project is in a regulatory floodplain or in a shoreland-wetland, local or county zoning regulations may apply. Please contact your city or county zoning authority.
