Will Adjacent Waterways Complicate Your Next Project?

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.