31.187 Abandoned dams.
(1) The department may remove or cause to be removed, in such manner as it deems fit, old and abandoned dams in streams in this state, upon giving 60 days' notice in writing to the owner thereof, if the owner can be found. If the owner of the dam is unknown or cannot, by due diligence, be found, the department shall publish a class 3 notice, under ch. 985, in the county in which the dam is situated.
(2) Whenever the department determines that the conservation of any species or variety of wild animals will be promoted thereby, the department may maintain and repair any dam located wholly upon lands the title to which is in the state either as proprietor or in trust for the people after giving due consideration to fixing the level and regulating the flow of the public waters.
History: 1983 a. 27 s. 687; Stats. 1983 s. 31.187; 1991 a. 316.
This section, and not s. 31.185 or 283.31, governs removal of a dam by the DNR. There is no statutory authority to grant injunctive relief against the DNR when it causes damages during a dam removal. Froebel v. DNR, 217 Wis. 2d 652, 579 N.W.2d 774 (Ct. App. 1998), 97-0844.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 31 - Regulation of dams and bridges affecting navigable waters.
31.02 - Powers and duties of department.
31.03 - Permits for the Lower Wisconsin State Riverway.
31.045 - Permits for dams that affect drained lands.
31.05 - Applications for permits to construct.
31.07 - Applications for permits to operate and maintain existing dams.
31.09 - Proposals to accompany applications.
31.095 - Water power permits, condition precedent.
31.10 - Permit not to be valued.
31.11 - Certificate of terms and forfeiture of permits.
31.12 - Map, profile and plans.
31.13 - Raising or enlarging existing dams.
31.14 - Proof of ability to maintain dams required.
31.18 - Obligations of owners of bridges and dams.
31.185 - Permits to abandon dams.
31.19 - Inspection of dams; orders.
31.23 - Forfeitures; private bridges and dams.
31.253 - Dam removal; opportunity for hearing.
31.29 - May employ hydraulic engineer and assistants.
31.305 - Dams in the Lower Wisconsin State Riverway.
31.307 - Dam on Milwaukee River.
31.309 - Portage levee system and canal.
31.31 - Dams on nonnavigable streams.
31.32 - Dams not to injure other dams or sites.
31.33 - Jurisdiction of department.
31.34 - Flow of water regulated.
31.35 - Dams in areas leased by county; restrictions; control by circuit judge; when.
31.38 - Municipal authority to construct and maintain dams.
31.385 - Dam safety; aid program.
31.387 - Dam rehabilitation projects.