On
April 2, 2012, Governor Walker signed into law 2011 Wisconsin Act 167,
legislation that grandfathers almost all existing piers. In addition, the new
law eliminates the pier registration requirement and creates new standards for
piers placed on or after April 17, 2012. Finally, the new law guarantees that
waterfront property owners have a right to place a pier, even if the property
is located in areas that the Wisconsin Department of Natural Resources (DNR)
considers to be environmentally significant.
Grandfathering
of Existing Piers - Under
the new law, all existing piers placed before April 17, 2012 are grandfathered
unless:
The
DNR notified the riparian owner before April 17, 2012 that the pier is “detrimental
to the public interest.” Or if the pier
“interferes with the riparian rights of other riparian owners.” A pier that
extends into a neighbor’s riparian zone, which is the water in front of the
neighbor’s property, is an example of a pier that would interfere with the
neighbor’s riparian rights.
Also,
if the pier is grandfathered, the riparian owner may relocate or reconfigure
the pier as long as the pier is not enlarged.
In
addition, the riparian owner does not need to register the pier with the DNR in
order to grandfather the pier. All existing piers are automatically
grandfathered unless the pier meets at least one of the two exceptions previously
listed.
New Piers
In
addition to the grandfathering provisions, the new law creates a few different
standards for new piers, which are piers placed for the first time on or after
April 17, 2012.
First,
the new law increases the boat density requirement under existing law to allow
for personal watercraft, such as jetskis and waverunners. Under current law,
waterfront property owners are allowed two boat slips for the first 50 feet of
frontage and one boat slip for each additional 50 feet of frontage thereafter.
Because a personal watercraft is often tied to a dock and is not placed in a
“slip” or on a hoist or lift, the law is not clear as to whether any limits
exist regarding the number of personal watercraft that a property owner may
have. Accordingly, the new law allows riparians to have two personal watercraft
for the first 50 feet of frontage and one additional personal watercraft for
each additional 50 feet of frontage thereafter. This is in addition to the
number of boat slips allowed under current law.
Second,
the new law changes the maximum size requirement for loading platforms on new
piers to 200 square feet in total area. Prior law allowed for a maximum width
of eight feet wide but did not limit the total area. This change allows for
greater flexibility in the size and dimensions of loading platforms so that
riparian owners can determine what configuration would best meet their needs.
As
a result of these changes, new piers can be placed without obtaining a permit
from the DNR if the pier meets the following requirements:
•Width:
No more than six feet wide.
•Length:
No longer than what is necessary to moor your boat or use a boat lift, or
3-foot water depth, whichever is greater.
•Number
of boats: Two boat slips/lifts for the first 50 feet of water frontage of your
property, plus one more boat slip/lift for each additional 50 feet of frontage.
•Number
of personal watercraft: Two personal watercraft for the first 50 feet of water
frontage of your property, plus one more personal watercraft for each
additional 50 feet of frontage.
•Loading
platforms: A loading platform/deck with a surface area no greater than 200
square feet.
If
a waterfront property owner wants to place a pier that exceeds these standards,
a permit must be obtained from the DNR.
Nonconforming Wet Boathouses
In
addition to modifying the pier regulations, the new law eliminates the
restrictions placed on the ability of riparian owners to maintain and repair
wet boathouses, which are located below the ordinary high water mark. The
restrictions limited the value of all maintenance and repairs over the life of
the property to 50 percent of the assessed value of the boathouses, which was
intended to eventually eliminate these boathouses by forcing them to fall into
disrepair.
The
50 percent rule has been unfair to property owners because it applies
retroactively to existing boathouses that were legal when originally
constructed. Moreover, the rule had proven difficult to enforce because it is
almost impossible for county zoning administrators to keep track of each dollar
spent on necessary paint, boards and roofing shingles. As a result, it
encouraged property owners to be dishonest about what they have spent on
repairs and maintenance.
The
new law eliminates application of the 50 percent rule to wet boathouses. As a
result, riparian owners may perform unlimited maintenance and repair to these
existing boathouses that were constructed before 1979. This new law change
allows property owners to “keep what they have” but does not allow the
boathouses to be expanded.
Nonconforming
Structures
Nonconforming Structures and Substandard Lots (SB 472): Protects the ability of property owners to perform unlimited maintenance and repair on nonconforming homes and buildings; prohibits counties from enacting regulations that are more restrictive than the regulations found in NR 115 with respect to (a) expanding nonconforming structures and (b) building on substandard lots.
Variances
Variances (expiration date) (SB 300): Establishes that variances do not expire unless an expiration date has been established by local ordinance or by the board of zoning appeals/adjustment at the time the variance was granted.
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