Update on NR 326 Pier Rules

September 15, 2005
In response to the 300-plus public comments received, DNR's habitat protection staff developed a final proposal for revisions to NR 326 - the state's pier rules. This proposal will be considered for adoption by the Natural Resources Board at their September 28 meeting. The final proposal for revisions to NR 326 achieves the 2004 law's aim to provide clear simple requirements for waterfront owners to place piers in aid of navigation, while protecting critical fish habitat and assuring each citizen's right to boat, fish and enjoy other recreation in Wisconsin's public waters.

Most piers will be exempt

Under the proposed rules, the most of the nearly 500,000 existing piers in Wisconsin will continue to be exempt from permitting, as has been the case under guidelines in effect since the early 1990s. New piers can also be placed in any waterway without a permit unless they're proposed to be located in "sensitive areas," that have been formally designated on a very small number of lakes (138 currently). To be exempt, property owners simply need to follow the size limits established by the law, along with a few other common-sense requirements. Piers that already have a permit are not affected by the proposal

Virtually all larger piers will be grandfathered, only largest require detailed review

Most non-exempt larger piers will be "grandfathered" through a one-time, $50 "general permit" that allows owners to keep what they have, with a few limitations. Five other categories of general permits are created for specific piers or boat shelters that aren't exempt. Larger piers not qualifying for any of these categories -- less than one-half of 1 percent of all piers -- will need to get a more detailed individual permit with a more comprehensive review. These very large structures have the greatest potential to harm fish habitat and interfere with boating, swimming and other recreation in public waters.

Factsheet and documents available

Attached is a Factsheet that explains the NR 326 proposal. You can also go to DNR's web page at the link below, to find more information and links to other rule-related documents.

DNR Pier Rules