So You Think You Don’t Own Any Wetlands?

Elizabeth Rich — Wed, 24 Dec 2008 12:00:31 +0000

Wetlands were once regarded as a nuisance, and were often drained for cropland or dredged for more useable waterways. We have since come to appreciate them as an important tool in flood prevention and water purification, and state and federal agencies have stepped up their efforts to protect them. The challenge, unfortunately, is to draw a hard line between wetlands and non-wetlands when the reality resembles shades of grey. And the stakes in this game can be quite high, with a variety of municipal, state and federal restrictions on the development of wetlands or adjacent properties, and stiff civil and criminal penalties for violations.

While Wisconsin county planning and resource offices maintain maps showing generally where wetlands might be located, a special wetlands survey will offer a more definite answer. An environmental lawyer can help you obtain such a survey, interpret the results, and determine how it will affect your development plans. I can also advocate for you with the various officials to help avoid unnecessary or inapplicable restrictions.

Even if your property appears to be free of wetlands, it’s worth the trouble to make sure. I’m happy to help you safeguard against surprises and guide your project to a smooth finish.

Will Adjacent Waterways Complicate Your Next Project?

Elizabeth Rich — Wed, 10 Dec 2008 20:21:37 +0000

The lake bordering the edge of your new vacation home or the stream running through your vacant land aren’t just pretty features; they are probably navigable waterways owned in common by the people and available for public use. What began as a practical matter in a country with few developed roads or routes has become a benefit to hunting, fishing and sporting enthusiasts, who have the right to unlimited access to navigable waters for recreational and other general purposes. It is entirely possible for someone to set up shop for the day in the middle of “your” stream and fish to their hearts’ content without committing trespass, so long as they don’t leave the bed of the stream.

To complicate matters, public lakes, rivers and streams which are designated as public waters can also trigger restrictions on the dry lands surrounding them. Most projects within 300 feet of a public waterway require a permit from the Department of Natural Resources. Even if that small river is on the other side of your neighbor’s property, it may restrict your right to dig that replacement well, build that new potting shed or add on to your workshop.

Determining whether the water running past your door is a public waterway can be relatively simple. The old test was whether there was enough water to regularly float a canoe - but before you haul out your paddles, try checking whether the feature appears on a USGS topographical map. You can also contact your county’s planning and resources departments or check the Department of Natural Resource’s Designated Waters Search (http://dnrmaps.wisconsin.gov/imf/imf.jsp?site=SurfaceWaterViewer.deswaters).

For questions or clarifications on Wisconsin waterway regulations, access laws, or public trust doctrine, please feel free to contact me.

Wisconsin Lawyers Blog » Elizabeth Rich

So You Think You Don’t Own Any Wetlands?

Will Adjacent Waterways Complicate Your Next Project?