Wisconsin Statutes & Annotations
Chapter 30 - Navigable waters, harbors and navigation.
30.10 - Declarations of navigability.

30.10 Declarations of navigability.
(1) Lakes. All lakes wholly or partly within this state which are navigable in fact are declared to be navigable and public waters, and all persons have the same rights therein and thereto as they have in and to any other navigable or public waters.
(2) Streams.
(a) Subject to par. (b) and except as provided under sub. (4) (c) and (d), all streams, sloughs, bayous, and marsh outlets, which are navigable in fact for any purpose whatsoever, are declared navigable to the extent that no dam, bridge, or other obstruction shall be made in or over the same without the permission of the state.
(b) If the department makes a determination that a stream or portion of a stream is not navigable and a dam is constructed on the stream that modifies the flow of the stream or portion of the stream as compared to the natural flow of the stream or portion of the stream prior to its construction, and if an artificial impoundment created by the dam is or has been subject to a federal fish and wildlife service Partners for Fish and Wildlife Habitat Development Agreement or, as determined by the department, a similar publicly administered environmental restoration project, then the department may not change its determination of non-navigability with respect to the stream or portion of the stream unless all of the following conditions are met:
1. All structures that affect the flow of the stream or portion of the stream are removed.
2. All changes to the stream or land adjacent to the stream that could affect the flow of the stream or portion of the stream are substantially returned to their natural state.
3. A department evaluation of the navigability of the stream or portion of the stream conducted after the conditions in subds. 1. and 2. are met indicates that the department's determination of non-navigability should be changed.
(3) Enlargements or improvements in navigable waters. All inner harbors, turning basins, waterways, slips and canals created by any municipality to be used by the public for purposes of navigation, and all outer harbors connecting interior navigation with lake navigation, are declared navigable waters and are subject to the same control and regulation that navigable streams are subjected to as regards improvement, use and bridging.
(4) Interpretation.
(a) This section does not impair the powers granted by law to municipalities to construct highway bridges, arches, or culverts over streams.
(b) The boundaries of lands adjoining waters and the rights of the state and of individuals with respect to all such lands and waters shall be determined in conformity to the common law so far as applicable, but in the case of a lake or stream erroneously meandered in the original U.S. government survey, the owner of title to lands adjoining the meandered lake or stream, as shown on such original survey, is conclusively presumed to own to the actual shorelines unless it is first established in a suit in equity, brought by the U.S. government for that purpose, that the government was in fact defrauded by such survey. If the proper claims of adjacent owners of riparian lots of lands between meander and actual shorelines conflict, each shall have his or her proportion of such shorelands.
(c) Notwithstanding any other provision of law, farm drainage ditches are not navigable within the meaning of this section unless it is shown that the ditches were navigable streams before ditching. For purposes of this paragraph, “farm drainage ditch" means any artificial channel which drains water from lands which are used for agricultural purposes.
(d) A drainage district drain located in the Duck Creek Drainage District and operated by the board for that district is not navigable unless it is shown, by means of a U.S. geological survey map or other similarly reliable scientific evidence, that the drain was a navigable stream before it became a drainage district drain.
History: 1977 c. 190, 272, 418; 1981 c. 339; 1991 a. 316; 1999 a. 9; 2003 a. 118; 2011 a. 167; 2017 a. 164.
When there are 2 owners of land adjacent to a disputed parcel erroneously meandered under sub. (4), the judge is to divide the parcel proportionately on an equitable, but not necessarily equal, basis. Kind v. Vilas County, 56 Wis. 2d 269, 201 N.W.2d 881 (1972).
The department of natural resources properly considered the existence of beaver dams and ponds and the periods of high water caused by spring runoffs in determining the navigability of a creek. The dams and ponds were normal and natural to the stream, and the periods of high water were of a regularly recurring, annual nature. DeGayner & Co. v. Department of Natural Resources, 70 Wis. 2d 936, 236 N.W.2d 217 (1975).
An owner of land on a meandered lake takes only to the actual shoreline. An owner does not have a “proper claim" to an isolated parcel separated from the remainder of the lot by the lake, making sub. (4) (b) inapplicable as parcels separated by a lake are not “adjacent." State Commissioners of Board of Public Lands v. Thiel, 82 Wis. 2d 276, 262 N.W.2d 522 (1978).
A department of natural resources declaration of navigability subjecting private property to sub. (1) was a taking. Zinn v. State, 112 Wis. 2d 417, 334 N.W.2d 67 (1983).
The department of natural resources has the authority, as well as the obligation, to determine whether the waters of the state are navigable in fact and subject to regulation under ch. 30, another agency's prior ancillary finding to the contrary notwithstanding. Turkow v. Department of Natural Resources, 216 Wis. 2d 273, 576 N.W.2d 288 (Ct. App. 1998), 97-1149.
This chapter applies to navigable ditches that were originally navigable streams. If a navigable ditch was originally nonnavigable or had no previous stream history, the department of natural resources' jurisdiction depends upon the facts of the situation. 63 Atty. Gen. 493.
Erroneously meandered lakeshore — the status of the law as it affects title and distribution. 61 MLR 515.
The Muench case: A better test of navigability. Edwards, 1957 WLR 486.
Riparian Landowners Versus the Public: The Importance of Roads and Highways for Public Access to Wisconsin's Navigable Waters. Williams. 2010 WLR 186.

Structure Wisconsin Statutes & Annotations

Wisconsin Statutes & Annotations

Chapter 30 - Navigable waters, harbors and navigation.

30.01 - Definitions.

30.025 - Permit procedure for utility facilities.

30.027 - Lower Wisconsin State Riverway.

30.03 - Enforcement of forfeitures; abatement of nuisances; infringement of public rights.

30.05 - Applicability of chapter to municipally-owned submerged shorelands.

30.053 - Applicability of chapter to artificial water bodies and certain impoundments.

30.056 - Exemption from certain permit requirements.

30.06 - Waiver of certain provisions of this chapter.

30.07 - Transportation of aquatic plants and animals; placement of objects in navigable waters.

30.10 - Declarations of navigability.

30.102 - Website information.

30.103 - Identification of ordinary high-water mark by town sanitary district.

30.105 - Determining footage of shoreline.

30.11 - Establishment of bulkhead lines.

30.12 - Structures and deposits in navigable waters.

30.121 - Regulation of boathouses and houseboats.

30.122 - Unauthorized structures.

30.123 - Bridges and culverts.

30.124 - Waterfowl habitat management.

30.125 - Shoreline maintenance in outlying waters.

30.1255 - Report on control of aquatic nuisance species.

30.126 - Regulation of fishing rafts.

30.13 - Regulation of wharves, piers and swimming rafts; establishment of pierhead lines.

30.131 - Wharves and piers placed and maintained by persons other than riparian owners.

30.132 - Riparian rights.

30.133 - Prohibition against conveyance of riparian rights.

30.1335 - Marina condominiums.

30.134 - Use of exposed shore areas along streams.

30.135 - Regulation of water ski platforms and jumps.

30.14 - Reports of and hearings on violations.

30.15 - Penalty for unlawful obstruction of navigable waters.

30.16 - Removal of obstructions to navigation.

30.18 - Withdrawal of water from lakes and streams.

30.19 - Enlargement and protection of waterways.

30.195 - Changing of stream courses.

30.196 - Enclosure of navigable waters; issuance of permits to municipalities.

30.20 - Removal of material from beds of navigable waters.

30.201 - Financial assurance for nonmetallic mining.

30.202 - Dredge disposal in and near the Mississippi, St. Croix and Black rivers by the U.S. corps of engineers.

30.2022 - Activities of department of transportation.

30.2023 - Seawalls; Wolf River and Fox River basins.

30.2025 - Lake Koshkonong comprehensive project.

30.2026 - Lake Belle View and Sugar River project.

30.203 - Lake Winnebago comprehensive project.

30.2035 - Shoreline protection study.

30.2037 - Big Silver Lake high-water mark.

30.2038 - Milwaukee shoreline established.

30.204 - Lake acidification experiment.

30.205 - Water resources development projects.

30.206 - General permits.

30.2065 - General permit for certain wetland restoration activities.

30.207 - General permit pilot program.

30.208 - Applications for individual permits and contracts; department determinations.

30.209 - Contracts and individual permits; administrative and judicial review.

30.2095 - Limits and conditions for permits and contracts.

30.21 - Use of beds of Great Lakes by public utilities.

30.24 - Bluff protection.

30.25 - Wolf River protection.

30.255 - Florence Wild Rivers Interpretive Center.

30.26 - Wild rivers.

30.265 - Adopt a river program.

30.27 - Lower St. Croix River preservation.

30.275 - Scenic urban waterways.

30.277 - Urban rivers grant program.

30.28 - Fees for permits, other approvals, and determinations.

30.285 - Records of exemptions and permitted activities.

30.29 - Operation of motor vehicles in waters prohibited.

30.291 - Inspections for certain exemptions and permitted activities.

30.292 - Parties to a violation.

30.294 - Nuisances, abatement.

30.298 - Penalties.

30.30 - Municipal authority to make harbor improvements.

30.31 - Procedural and other requirements to be followed in making harbor improvements.

30.32 - Contracts; competitive bidding; exceptions.

30.33 - Harbor railway belt lines.

30.34 - Financing harbor improvements and operations generally.

30.35 - Financing harbor improvements through bonds or notes.

30.37 - Boards of harbor commissioners authorized.

30.38 - Powers and duties of boards of harbor commissioners.

30.40 - Definitions.

30.41 - Creation.

30.42 - Departmental duties, powers, prohibitions.

30.43 - Board duties.

30.435 - Board powers.

30.44 - Permits and waivers; board procedures.

30.443 - Erosion prevention and control.

30.445 - Piers.

30.45 - Prohibited and restricted activities in the riverway.

30.452 - Prohibited activities in the river.

30.455 - Department of transportation activities.

30.46 - Agricultural use.

30.47 - Restrictions on recreational use.

30.48 - Applicability.

30.49 - Enforcement.

30.50 - Definitions.

30.501 - Capacity plates on boats.

30.505 - Certificate of number system to conform to federal system.

30.51 - Certificate of number and registration; requirements; exemptions.

30.52 - Certificate of number and registration; application; certification and registration period; fees; issuance.

30.523 - Certification or registration card to be on board; display of decals and identification number.

30.525 - Voluntary contributions for nonmotorized boats.

30.53 - Certificate of origin; requirements; contents; guaranteed asset protection waivers.

30.531 - Certificate of title; requirements; exemptions.

30.533 - Application for certificate of title; hull and engine identification numbers.

30.535 - Department to examine records.

30.537 - Certificate of title; issuance, records, fees.

30.539 - Contents of certificate of title.

30.54 - Lost, stolen or mutilated certificates.

30.541 - Transfers of boat titles.

30.543 - Report of stolen or abandoned boats.

30.544 - Inspection of boats purchased out-of-state.

30.547 - Alterations and falsifications prohibited.

30.549 - Transfer of ownership of boats with a certificate of title, certificate of number or registration.

30.55 - Notice of abandonment or destruction of boat or change of address.

30.553 - Sharing boat title records.

30.57 - Perfection of security interests.

30.571 - Notification of person who has perfected security interest.

30.572 - Duties on creation of security interest.

30.573 - Assignment of security interest.

30.574 - Release of security interest.

30.575 - Secured party's and owner's duties.

30.576 - Method of perfecting exclusive.

30.577 - Suspension or revocation of certificate of title, certificate of number, or registration.

30.578 - Grounds for refusing issuance of certificate of title.

30.60 - Classification of motorboats.

30.61 - Lighting equipment.

30.62 - Other equipment.

30.625 - Rental of motorboats.

30.63 - Sale and use of certain outboard motors restricted.

30.635 - Motorboat prohibition.

30.64 - Patrol boats.

30.65 - Traffic rules.

30.66 - Speed restrictions.

30.67 - Accidents and accident reports.

30.675 - Distress signal flag.

30.678 - Boating safety certificates; requirements; exemptions; operation by minors.

30.68 - Prohibited operation.

30.681 - Intoxicated boating.

30.682 - Preliminary breath screening test.

30.683 - Implied consent.

30.684 - Chemical tests.

30.686 - Report arrest to department.

30.687 - Officer's action after arrest for violating intoxicated boating law.

30.69 - Water skiing.

30.70 - Skin diving.

30.71 - Disposal of waste from boats equipped with toilets.

30.72 - Watercraft use rules, Lower St. Croix River.

30.73 - Use regulations, Brule River.

30.74 - Additional functions of department.

30.742 - Water exhibitions and races; rules.

30.745 - Limited jurisdiction for administration and enforcement of navigation aids by municipalities.

30.75 - Service of process on nonresident.

30.77 - Local regulation of boating.

30.772 - Placement and use of moorings; restrictions; permits.

30.773 - Designated mooring areas.

30.78 - Local regulation of seaplanes.

30.79 - Local water safety patrols; state aids.

30.80 - Penalties.

30.81 - Local regulations on icebound inland waters.

30.90 - Public access to Lake Lions.

30.92 - Recreational boating projects.

30.99 - Parties to a violation.