Boating ordinances

The Legislature has granted local units of government broad authority to regulate boating and related activities on Wisconsin lakes, rivers, and streams. The current statute authorizes including the public’s interest in preserving the state’s natural resources,” which are “not contrary to or inconsistent with” state boating statutes. This includes (but is not limited to) restrictions on speed; restrictions on certain types of boating activities on all or specified parts of the lake, river, or stream; or restrictions on certain types of boating activities during specified hours of the day or specified days of the week. Local governments that enact boating ordinances are also authorized to enforce them.

More than 500 local boating ordinances have been passed in Wisconsin; 400 have been passed by towns,49 by villages, 66 by cities, 10 by lake or sanitary districts, and 13 by countys. More than 900 Wisconsin lakes are covered under these ordinances.

Many local units of government and Sanitary or Lake Districts have local boating ordinances that require slow no wake zones in certain areas (to protect sensitive shorelines for example), and to ensure everyone can have an enjoyable time on the lake. Activities regulated by boating ordinances include high speed boating (through slow-no-wake zones, slow no wake times, and/or speed limits), water skiing, and swimming. Some local ordinances prohibit motorboats on specific lakes.

Local Boating Regulation in Wisconsin (PDF 7.65 MB)

Guidelines for Creating Local Boating Ordinances and Placing Waterway Markers in Wisconsin Waters (exits site)

Hows the water? Planning for Recreational Use on Wisconsin Lakes and Streams

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Pier ordinances

Under Wisconsin law, State and local units of government have concurrent jurisdiction over piers and other related structures in public waters such as as boat shelters, boat houses, mooring buoys, and swimming and water ski ramps. Statewide laws and administrative rules regulate these kinds of structures in all navigable waters. In addition, the law gives certain local units of government authority to enact and enforce pier regulations which apply locally.

Although the State does not directly regulate most private piers, local units of government have broad authority to enact pier ordinances to ensure that these structures do not interfere with navigation and other public interests in water, or with the use and access by other riparian owners. Ordinances are subject to the public trust doctrine under the Wisconsin Constitution, which protects public rights in water.

The most basic form of local pier regulation is the establishment of a "pierhead line." A pierhead line is a line established in the water limiting the length of piers. A pierhead line may be established in order to protect public rights in water or a municipal harbor, and is an effective way to establish effective pier length.

Local pier ordinances have also been enacted to address a variety of other concerns, including;

• to ensure safe and sound construction
• to reduce conflicts between adjoining riparian land owners
• to protect sensitive fish spawning or other ecologically significant areas
• to limit the density of piers and other near shore structures to maintain natural scenic beauty and reduce congestion.

Local pier ordinances can also be used to address overcrowding of waterways or to protect especially sensitive shoreland areas. Local ordinances provide a means to ensure that piers are placed in proportion to the amount of riparian shoreline and the capacity of the waterway to support such development, rather than the number of owners of a parcel.

State law also provides broad authority to cities, villages, towns, and counties to enact ordinances regulating the construction and location of piers as long as local regulations are consistent with state law. Local ordinances can be more restrictive than state requirements, but not less so. Local ordinances may also regulate the architectural features of boat shelters, but not their aesthetic features.

Hows the water? Planning for Recreational Use on Wisconsin Lakes and Streams

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City, Village, and Town phosphorus lawn fertilizer ordinances

Lake groups have been working with local units of government to pass ordinances restricting the use of lawn fertilizers containing phosphorus. At least 31 cities, villages, and towns have passed ordinances; counties do not have the authority to pass ordinances restricting the use or sale of fertilizers (with a unique exception applicable only to Dane County).

Nutrients like phosphorus—a common ingredient in lawn fertilizer—are degrading 90% of Wisconsin’s inland lakes. Plants don’t absorb more phosphorus than they can use, and excess phosphorus from lawns can wash directly into our lakes and streams, causing smelly algae blooms, fish kills, and declining water quality. Lakes and rivers can be extremely sensitive to small amounts of phosphorus runoff.

Wisconsin lawns and soils already contain adequate—and often excessive—amounts of phosphorus. A growing body of research finds using phosphorus free lawn fertilizer is a common sense, simple, and cost effective way to reduce the amount of nutrients entering our waterways.

On April 14th 2009, the Governor signed into law a statewide ban on phosphorus in lawn fertilizer, with reasonable exceptions,—on the use, sale, and display of phosphorus lawn fertilizers modeled on Dane County’s successful existing phosphorus lawn fertilizer ordinance. WAL had advocated for the bill for several years and is pleased to see it enacted.

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County illegal to transport ordinances

In February 2008, Wisconsin Attorney General J.B. Van Hollen issued an informal opinion that counties can enact carefully crafted ordinances to regulate the transportation of invasive species.

Informal opinions of the Attorney General provide authorities guidance about the meaning and application of Wisconsin law. They are often requested where Wisconsin appellate courts have not definitively answered a question, or to address legal questions that are unlikely to be resolved in the course of judicial proceedings.

Judicial precedent holds that the Legislature has granted counties broad home rule authority to enact ordinances that affect local matters, so long as it is not preempted by state or federal law. Van Hollen's opinion concluded this home rule authority is broad enough to permit a county to pass a countywide aquatic invasive ordinance that prohibits anyone from transporting aquatic invasive species between bodies of water within the county.

This means that while the legislature has not expressly given counties the power to enact invasive species transport ordinances, no state statute limits the ability of a county to exercise general home rule authority to pass such an ordinance.

Although counties may regulate local aquatic invasive species control, ordinances

1. may not conflict with state law (e.g. the ordinance may not prohibit conduct allowed by a state-issued permit)
2. may not defeat the purpose of, and
3. many not violate the spirit of any Wisconsin statute.

County ordinances can be the same as or stricter than state law as long as the ordinance does not prohibit activity authorized by state law

Several Northern Counties had been exploring the idea of county "illegal to transport" ordinances to prevent the spread of aquatic invasive species. Bayfield and Polk Counties have passed a such ordinances.

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