Wednesday, December 07, 2005

DNR Revises Pier Rules

-- A revised package of pier regulations promoted as affecting only so-called “party platforms” netted unanimous support from the state’s Natural Resources Board meeting today in Madison.

Several citizens representing themselves or groups appeared to offer last-minute testimony seeking modifications reflecting their specific group’s concerns, while others cheered their speedy approval to protect the public’s access to waters.

Proponents of the revised rules package also pitched them as protecting state’s $2.3 billion fishing industry. “The waters in Wisconsin are publicly owned,” said Mike Staggs, the DNR’s top fisheries expert told the board, adding studies have shown the large ``party platforms'' hooked to piers are damaging to fish and plant life.

The rules next will be shipped to the Senate and Assembly natural resources committees for a 30-day period. The committees may either ship back the rules for modifications or take no action allowing the rule to take effect.

According to Department of Natural Resources officials, the rules will provide certainty as to what is allowed for future pier construction, provide for the grandfathering in of piers existing before February 2004 with decks smaller than 200 square feet and create a three-year enforcement window for the piers with decks larger than 200 square feet. The new rules eliminate the $50 general permit fee proposed in the initial rule package for existing piers with a loading platform up to 200 square feet, but maintains the $300 individual permit for the owners of the piers with the loading platforms of 200 square feet and larger.

DNR’s water program coordinator Todd Ambs said discussions with some legislative leaders indicate more of a “comfort level” with the revised package, and that he believes the Gov. Jim Doyle is supportive of the package. Meanwhile, Assembly Speaker John Gard and Rep. Scott Gunderson, R-Waterford, are backing a bill seeking to grandfather in all existing piers – regardless of size and structure. Ambs said it is the agency’s wish the Legislature will allow the rule process to finish before moving ahead with the bill. Meanwhile, Ambs said while all sides are close to complete agreement, the number of boat slips remains an issue.

The rules, mirroring Act 118, allow for two boat slips for the first 50 feet of shoreline and one additional boat slip for each additional 50 feet of shoreline. Some are pushing for one slip per residential unit in larger complexes.

Local municipalities would be allowed to craft tougher zoning codes for their lakes than what the state rules call for.