Section 326.055. Boat shelter standards.

  Boat shelters shall comply with the standards in this section.

(1)   General standards for permanent and seasonal boat shelters.

(a) A boat shelter may be placed and maintained only by a riparian.

(b) A boat shelter may not interfere with public rights and may not have an unreasonable adverse effect on aquatic habitat.

(c) A boat shelter may not interfere with the rights of other riparians and shall comply with the provisions of s. NR 326.07 .

(d) A boat shelter shall allow the free movement of water underneath and may not cause formation of land on the bed of the waterway.

(e) A boat shelter shall comply with applicable provisions of any municipal ordinances adopted under s. 30.12 (3) (a) 6. and (c) , Stats.

(2)   Location and design standards for permanent and seasonal boat shelters.

(a) Except for designations under s. 30.275 , Stats., a boat shelter may not be placed in any waterway designated by federal, state or local government as having outstanding scenic values.

(b) A boat shelter may not be visually intrusive as viewed against the shoreline. A seasonal boat shelter which was originally placed prior to September 1, 1991 and which is visually intrusive, but is otherwise in compliance with this section, may continue to be placed seasonally until January 1, 1996. Any seasonal boat shelter placement after January 1, 1996 shall comply with this section.

(c) All boat shelters shall be designed and used exclusively for the berthing of a single watercraft. Any boat shelter originally placed or permitted after September 1, 1991 may not exceed an outside dimension of 12 feet wide by 24 feet long on waters under 1000 acres in size and may not exceed an outside dimension of 14 feet wide by 24 feet long on waters 1000 acres and larger in size. The burden of proving that a boat shelter was placed prior to September 1, 1991 shall be on the owner. A seasonal boat shelter originally placed prior to September 1, 1991 and which does not comply with this subsection may not be expanded in size.

(d) A boat shelter shall be connected to adjacent uplands by a pier.

(e) A boat shelter may include a roof but may not include walls, sides or equivalent construction. A boat shelter roof shall be pitched not less than 1 foot nor more than 2.5 feet from the roof peak to the bottom of the eaves. Only the size and number of vertical components required to support the watercraft and any roof are permitted.

(f) Storage facilities may only be included above the eaves of a boat shelter.

(g) A boat shelter may include only a single sign necessary to identify the property and may only include lighting essential for safety and mooring.

(h) The number of boat shelters placed adjacent to a property is limited to one permanent and one seasonal shelter or 2 seasonal shelters for the first 100 feet or lesser amount of shoreline frontage. One additional seasonal shelter may be placed for each additional 50 feet of shoreline frontage in common ownership. For the purpose of this subsection, shoreline shall be measured along a straight line connecting points where property lines meet the ordinary high water mark. This subsection shall apply to all permanent shelters and seasonal shelters originally placed after September 1, 1991.

(i) Permanent and seasonal boat shelters shall be placed as close together as practicable at a single location adjacent to each property. Adjacent lots in common ownership shall be considered a single property for the purpose of this subsection.

(3)   Seasonal boat shelters.

(a) A boat shelter which is completely removed from the waterway between December 1 and April 1 annually and which complies with subs. (1) and (2) and this subsection may be placed by a riparian without a permit from the department.

(b) A seasonal shelter may not extend beyond the line of navigation or an approved pierhead line.

(4)   Permanent boat shelters.

(a) A boat shelter which is not removed seasonally as provided in sub. (3) may be authorized by the department upon application by a riparian if the construction complies with subs. (1) and (2) and the requirements of this subsection.

(b) No permit may be granted for a permanent boat shelter constructed after May 3, 1988 if the owner's riparian property also contains a boathouse over navigable waters or within 75 feet of the ordinary high water mark. Each permit issued for a permanent boat shelter shall contain a condition which provides that the permit becomes void if there is any subsequent construction of a boathouse over navigable waters adjacent to the owner's property or within 75 feet of the ordinary high water mark on the owner's property.

(c) A permit may not be granted for a permanent boat shelter to be placed on lakes or flowages of less than 500 acres or on rivers except the Mississippi river, the Wolf river from Lake Butte des Morts to the upstream limits of the village of Fremont, and the Fox river from the DePere dam to Lake Winnebago. For the purpose of this subsection a series of lakes or flowages which have a connection which is commonly navigated by motorized craft and which have a common water level shall be considered a single lake or flowage. Artificial mooring basins and navigation channels and reaches of rivers where water levels are controlled by a dam are considered part of the lake or flowage to which they are connected for the purpose of this subsection.

(d) No more than one permanent boat shelter may be permitted for each riparian property. Contiguous lots in common ownership shall be considered one property for the purpose of this subsection.

(e) A permanent boat shelter may not extend more than 30 feet from the shoreline or to the line of navigation, whichever is less, on rivers named in par. (c) and on waters between 500 and 1000 acres in size and may not extend more than 50 feet from the shoreline or to the line of navigation, whichever is less, on waters 1000 acres and larger in size. For the purpose of this subsection the shoreline shall be established at normal summer low water levels.

(f) Permits for permanent boat shelters may only be granted for locations adjacent to developed shorelines. Developed shorelines are those where there are at least 5 principal structures including at least one on the applicant's property which are located within 500 feet of the proposed shelter site and which are visually intrusive as viewed from a location on the water.

History: Cr. Register, August, 1991, No. 428 , eff. 9-1-91.

Note

For example a white shelter viewed against similarly colored structural development on or near the shoreline would comply with this subsection. The same shelter viewed against a naturally vegetated shoreline would not comply. Microsoft Windows NT 6.1.7601 Service Pack 1