Waterway & Wetland Permits: Landowners

Question 1: I just purchased a home on a lake that needs renovation. Do I need a permit or to pay a fee before starting construction?

Answer: The answer to this question depends on exactly what type of renovations you are planning. If you are planning renovations that involve alterations to the inside or outside of your home but do not expand the footprint of the current structure chances are no waterway or wetland permit is needed from the state, however there may be local zoning ordinances that apply and may predicate your need for a permit from your village, city, or county.

Please contact your county or municipal zoning office for more information. However, If you are planning on expanding the footprint of your home that involves moving earth on your property you may need a grading permit from the state. If wetlands are located on your property and they cannot be avoided for the project that you want to do, wetland permits may also be needed. In addition, there may be local ordinances that may predicate your need for a permit from your village, city, or county. Please contact your county or municipal zoning office for more information.

Question 2: I am thinking about purchasing waterfront property. How can I learn if I need any permits or to pay fees for the projects I want to do?

Answer: Waterfront property owners -commonly referred to as 'riparian owners' - hold rights in the water next to their property. These riparian rights include the use of the shoreline, reasonable use of the water, and a right to access the water. Wisconsin's Public Trust Doctrine requires the state to protect public rights in the use of navigable waters through permitting requirements for water projects or even through statutes authorizing local zoning ordinances that limit development along navigable waterways.

In most cases the ordinary high water mark, (OHWM) establishes the boundary between the public water and lake bed and with privately owned land. With this in mind, generally speaking, projects that involve activities below the OHWM require permits or approvals from the DNR. However the department does offer exemptions for some activities if they follow certain standards. The easiest way to find out if your proposed project requires a permit from the state is to visit our Activity Atlas and look up the type or project you are interested in undertaking.

There are few activities conducted above the OHWM that require state permits (see Activity Atlas: Grading and Wetlands) but for the most part approvals for projects done above the OHWM will be dictated by local ordinances that may predicate your need for a permit from your village, city, or county. Please contact your county or municipal zoning office for more information.

Question 3:I am getting ready to put in my pier/dock, but I am having a hard time with all the weeds and sediment, can I just remove what I don’t like?

Answer: To build a new home on your lake property . Any earth moving (see Activity Atlas: Grading) on the bank of the lake may require state approval. Please visit our grading page to find out. Once you have prepped the site for building construction the role of DNR is diminished. Any future work done on your property as part of constructing the home itself falls under the purview of the Department of Commerce. Please visit their website for more details.

You should also be aware that your county or municipality may regulate vegetation removal and require permits for clearing trees and brush. If wetlands or low swampy areas are located on your property and need to be filled or they cannot be avoided when building your new home, wetland permits may also be needed.Removal of vegetation growing in lake or streambed is allowed without permission from the state if removed by hand using non-mechanized devices AND only in a 30 foot wide area around your pier/dock. For more information on plant removal please visit our Aquatic Plant Control pages < >

Removal of sediment (bottom material) from lake or streambed also is allowed without permission from the state if the sole purpose for the removal is for the installation of a pier/dock that DOES NOT require a permit. To make sure your pier/dock does not need a permit, please visit our Pier page.

Question 4: I would like to build a home on my lake property. What permits do I need?

Answer: To build a new home on your lake property . Any earth moving (see Activity Atlas: Grading) on the bank of the lake may require state approval. Please visit our grading page to find out.

You should also be aware that your county or municipality may regulate vegetation removal and require permits for clearing trees and brush. If wetlands or low swampy areas are located on your property and need to be filled or they cannot be avoided when building your new home, wetland permits may also be needed.

Question 5: I want to restore my shoreline and protect it from erosion. Do I need a permit?

Answer: Yes. In some cases repairing or replacing existing shoreline erosion control may not need a permit from the state, but since reasonable shoreline protection requires the placement of material on lake or streambed a permit from the DNR is necessary.

The type and cost of permit depends on what type of of project you are intending, the water body you live on, and where in the state you are located. Please visit our Shoreline & Habitat pages for specific information on which permit is right for you.

Question 6: The way my neighbor is using their waterfront is affecting the way I am able to use my waterfront. Do my property lines extend out into the water?

Answer: Piers and moored boats must be placed in the “exclusive riparian zone”, which is the space in the water adjacent to the riparian property where the riparian has the exclusive right to place structures. To determine the exact boundries of the “exclusive riparian zone”, this dividing line between adjacent owners, please visit our Pier page and read our Pier Planner.