Piers and Recreational Structures Permitting

NOTES ON WATERWAYS PERMITS

For each project type below, if an exemption or a general permit is available, you will find a link to a checklist of requirements. If your project does not meet exemption eligibility criteria, review the general permit checklist. If your project does not meet general permit eligibility criteria, you must apply for an individual permit.

To start a permit application, use the DNR Water ePermitting System. A WAMS ID is required.

To determine if a local permit or a federal permit is required for your project, contact your city or county zoning authority and the U.S. Army Corps of Engineers – St. Paul District Office.

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 waterway 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. 

State law requires a landowner with a project site that is 1 acre or larger in size to obtain a construction site stormwater permit. To submit a notice of intent, visit the DNR Stormwater Runoff Permitting page.

Applicable state statutes and code: ss. 30.12, 30.121, 30.13, 30.135, 30.61, 30.74, Wis. Stats. and Chapters NR 5.09, NR 325 NR 326, and NR 329, Wis. Adm. Code.

Waterways Recreational Structures Permitting Process

1. Find your project type below from the list.
2. Review your permitting options:
   • Exemption - If an exemption is available and you meet all of the eligibility criteria, you do not need a permit.
   • General Permit - If your project does not qualify for an exemption, review the eligibility criteria for a general permit and apply for it if your project meets all criteria.
   • Individual Permit - If your project does not qualify for an exemption or general permit, you must apply for an individual permit.
   • Certification - Some project types are authorized only through a certification process. For these you will find instructions below.
3. Review Waterway Designations:
   • Some exemptions and general permits are not eligible for projects on designated waterways.
   • Use Property Lookup to review waterway designations on your project area.

Recreational Structures Project Types

Beach Maintenance

A permit is required to place pea gravel or rock on the beds of public waters below the Ordinary High Water Mark. Pea gravel is only allowed on lakes and not on a stream, creek or riverbed, or in wetlands. Placement of sand on most shorelines is not allowed, because it tends to be displaced from the site and can negatively impact fish and wildlife habitat.

Work done by hand, including cleaning up debris or plant and animal nuisance deposits such as dead fish, mussels, algae, etc., does not require a permit. Removing invasive plants along the shoreline by hand does not require a permit.

Mechanized vegetation clearing or dredging along the shoreline to remove invasive plants or nuisance deposits requires a DNR permit. See Mechanized Aquatic Plant Management for more details.

Invasive species removal with herbicide (chemicals) requires a permit from the DNR Aquatic Plant Management Program.

Permitting Options

• Pea Gravel General Permit Checklist (3500-149)
• Pea Gravel Individual Permit Checklist
• Weed Rake General Permit Checklist (3500-143)
• Weed Rake Individual Permit Checklist
• Dredging Plant and Animal Nuisance Deposits General Permit Checklist

Lakefront property owners should keep in mind that even during times of low water levels, activities below the Ordinary High Water Mark that impact the lakebed may require a DNR permit.

For more information see the Beach Maintenance Activities Factsheet.

Boat Ramp

A boat ramp or boat landing can provide recreational access to public waters. A permit is required to place concrete planks, gravel, rock or other materials on public lake or streambed to provide public access. General permits are available for boat ramps open to the public and boat ramps on larger lakes that have limited existing ramps. Individual permits are available for private boat ramps.

Permitting Options

• Boat Ramp General Permit Checklist (3500-172)
• Individual Permit

Boathouse Repair

State statue prohibits the construction of a new “wet” boathouse either on or over a lake, flowage, river, creek or streambed. A "wet" boathouse is a boathouse built entirely or partially below the Ordinary High Water Mark.

A Boathouse Certification is required for construction, reconstruction, repair and maintenance of “wet” boathouses located below the OHWM that meets the checklist requirements and one of the following conditions to qualify for the statutory exception.

• The boathouse was constructed before December 1979 and the repair or maintenance does not affect size or location and does not result in conversion to living quarters.
• The boathouse has historical or cultural value as determined by the state historical society or local or county historical society.
• The boathouse is one story and is located over an authorized waterway enlargement.
• The boathouse was damaged by a violent wind, vandalism, or fire, and the damage must have occurred after January 1984.
• The boathouse is used exclusively for commercial purposes in a harbor or a river that is a tributary to the Great Lakes or on an outlying water and the work is limited to the expansion, repair or maintenance of an existing boathouse.

Permitting Options

• Boathouse Repair Certification Checklist

Boat Shelter

A boat shelter is a shore station or a boat lift which may have a roof but does not have walls or sides. It can be a seasonal or permanent structure designed and constructed to provide cover for a berth place for watercraft. Such a structure may include a boat hoist or lift.

Permitting Options

• Seasonal Boat Shelter Exemption Checklist
• Permanent Boat Shelter General Permit Checklist (3500-140)
• Individual Permit

Boat Shelter Technical Resources

• Boat shelter sample drawing

Buoys

A mooring buoy floats in water and is anchored away from the shoreline to which boats can be moored in deeper water. A mooring buoy placed within 150 feet of shore does not require a state permit if it does not affect public rights or other riparian owners' rights. A mooring buoy further than 150 feet from shore will require a DNR permit - use the Individual Mooring Justification Worksheet below:

• Individual Mooring Justification Worksheet

Permits may also be needed for mooring buoys from your local municipality. Check local ordinances before placing a mooring buoy.

Any placement of marker and regulatory buoys must be approved by the local DNR Conservation Warden and by the local unit of government. Submit the Waterway Marker Application and Permit form below:

• Waterway Marker Application and Permit

Piers, Docks, and Wharves

Exempt Piers

Legacy Piers: All existing piers and wharves that do not have a valid state permit and that were first placed in the water before April 17, 2012, are exempt from needing state approval and can be placed in lakes and rivers the same as they always have with few limitations.

New Pier Exemption: New piers that meet the pier planner standards for location, size, and number of boat slips and the exemption checklist eligibility criteria do not need a DNR permit. Note that new piers on the St. Croix River require an individual permit. 

• Pier Exemption Checklist
• Pier Planner

Permitting Options

New piers that do not meet exemption eligibility criteria will require a DNR individual permit. Note that if the number of proposed boat slips is higher than reasonable use standards for piers in s. 30.12, Wis. Stats., it must be justified in the permit application. 

• Pier Individual Permit Checklist

New piers are not allowed on the following waterways per state statutes:

• State wild rivers as defined in s. NR 302.04(6), Wis. Adm. Code. 

*Solid Piers and Groins: When reviewing proposals for new solid piers and groins, the DNR will consider the standards listed in s. 30.12 (3m), Wis. Stats., including structure placement and performance relative to fish and wildlife habitat, water quality, navigation and recreation, and natural scenic beauty. In certain situations, these types of structures are known to disrupt littoral drift patterns, worsening erosion in some instances and causing other environmental concerns. Fluctuating water levels on the Great Lakes resulting from climate change also impacts structure performance and reduces outcome certainty. Therefore, it may be challenging for new solid pier and groin proposals to meet state standards for permit issuance. If you are considering a newly constructed solid pier or groin, please contact DNR Waterways staff first. Visit Pier FAQ for further information about pier placement requirements.

Piers FAQ

These are questions that are frequently asked about pier requirements and regulations. They are provided to help you better understand what you need to do to ensure that you can continue to place your pier(s) on the water for many years to come.

I want to place a new pier. How big can it be?

The Pier Planner and Pier Exemption Checklist outline the size of new piers that can be placed without a permit. If you need a different size an Individual Permit may be needed.

I have an existing pier I have been placing the same way for years, do I have to do anything?

No. All existing piers and wharves that do not have an existing permit and were initially placed before April 2012 are "grandfathered" and need no department authorization.

When determining the length of my pier, do I include my loading platform?

Yes, the loading platform should be included when measuring the length of your pier.

When determining the surface area of my loading platform, do I include my pier?

Yes, the pier should be included when calculating the square footage (surface area) of your loading platform.

My pierhead line is established at 100 ft out from the shore, but the pier planner says the length of my pier can be to the 3-foot water depth, which would allow my pier to extend 120 ft from the shore. How long can my pier be?

Your pier can be 100 feet long or less. Wis. stats. 30.13 (3) allows for the establishment of pierhead lines. If your municipality establishes a pierhead line your pier cannot exceed it regardless of what length pier you would have been allowed under state law. In addition, Lake District ordinances are treated the same way.

Water levels are lower this year, can I extend my existing pier into deeper water?

If you have a pier that is authorized to be placed in the water by a permit issued by the department, the conditions of the permit dictate the size and configuration your pier/dock can be. To extend your pier and make it larger it must still adhere to the permit conditions. If it will not, feel free to seek a permit amendment from your local water management specialist.

If you have a pier dock that meets the dimensions and use outlined in the Pier Planner and Pier Exemption Checklist, you can go ahead and extend your dock. As long as the enlargement still meets the pier planner guidelines you are good to go.

If you have an existing pier with no state permit authorization that does not meet the pier planner, but the pier was initially placed on the water before April 17, 2012, those structures are now also exempt under the new pier law changes in 2011 Act 167. For these structures that do not have an existing state permit and do not meet the pier planner but are still exempt as a result of 2011 Act 167 because the pier was placed before April 2012 can only be repaired and maintained but cannot be enlarged or replaced. Extending your pier/dock would be considered an enlargement and would require an Individual Permit.

How many boat slips can I have?

For new piers,* the number of boat slips, berths, mooring spaces, etc. allowed on your property is determined by the amount of shoreline owned. The law states that for non-commercial properties or properties with less than three dwelling units, up to two boat slips are allowed for the first 50 feet of shoreline owned and one for each additional full 50 feet of shoreline owned. For non-commercial properties you can also place two personal watercraft for the first 50 feet of shoreline owned and one personal watercraft for each additional 50 feet of shoreline owned. You can place this number without a permit.

*Existing piers placed before April 17, 2012 are able to keep existing boat slip usage.

For commercial properties, or properties with three or more dwelling units, up to four boat slips are allowed for the first 50 feet of shoreline owned and two for each additional full 50 feet of shoreline owned. Commercial properties or properties with three or more dwelling units using this boat slip formula must apply for an Individual Permit.

	Non-commercial property Example A	Non-commercial property Example B	Commercial property Example A*	Commercial property Example B*
Amount of shoreline owned in feet	125	225	125	225
Maximum number of boat slips allowed	3	5	6	10
Maximum number of personal watercraft allowed	3	5	-	-

*Individual Permit required

I am part of an 'out lot,' 'back lot' or 'keyhole development' with a common use shoreline frontage and our three or more dwelling units (e.g., condominium) or commercial structure are not located on the waterfront parcel. Are we still eligible to apply for a permit for a new pier* to have up to four boat slips for the first 50 feet of shoreline and two for each additional full 50 feet of shoreline?

No. To be eligible to use the 'double density' slip formula for new piers* that is allowable for parcels of land that contain commercial structures or three or more dwelling units, the commercial structure or condominium has to be on the property that touches the water.

*Existing piers placed before April 2012 are able to keep existing boat slip usage.

I have a commercial property or a property with three or more dwelling units located on a river. When placing a new pier,* do I get double the boat slips allowed versus a non-commercial property?

No. The ability to apply for an Individual Permit to place the commercial property boat slip calculation/formula is only applicable to parcels of land on a lake, not a river.

*Existing piers placed before April 2012 are able to keep existing boat slip usage.

How many piers or docks can I have on my property?

Wisconsin pier laws do not regulate the number of pier dock or wharf structures that you can place on your property. Wisconsin pier laws do regulate the size of the structure (e.g., width) and how you use the structure (e.g., boat slips/berths). However, there may be local ordinances that restrict the number of structures placed on your property either directly or indirectly by requiring side setbacks with structure placement.

Public Access Abandonment

See the Public Access Abandonment page for more information.

Swim Raft

A permit is needed to place a swim raft or water trampoline in a lake or flowage if it does not meet exemption criteria. All swim rafts, those that require a permit and those that do not, must be placed within 200 feet of shore, and can only be placed by a waterfront property owner.

Swim rafts may not interfere with public rights in navigable waters or interfere with the rights of other property owners.

Permitting Options

• Swim Raft Exemption Checklist
• Individual Permit

Water Ski Platforms

A water ski platform is a gently inclined platform with a smooth surface, used by water skiers to take off to execute jumps. All water ski platforms require a DNR permit.

Ski platforms or jumps located more than 200 feet from shore must be lit with white light during the hours from sunset to sunrise. These structures, no matter how far from shore, should be well marked both day and night to warn boaters of the navigational hazards. Contact your local DNR conservation warden for lighting requirements.

The National Show Ski Association recommends that water ski jumps be placed in no less than 5 feet of water. Also be aware that the structure cannot interfere with other waterfront property owners and all water-skiing activities are regulated by ss. 30.66 and 30.69, Wis. Stats. which forbid water skiing within 100 feet of an anchored occupied boat, marked swimming area, public boat landing, dock, raft, pier, or buoyed restricted area. Please read the Wisconsin Boating Laws Handbook to be aware of these restrictions.

If you need to place marker buoys around your waterski platform or jump see the Buoys section above.

Permitting Options

• Individual permit

Technical Resources

• Water ski platform sample drawing