US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 Wisconsin Statutes & Annotations » Public Domain and the Trust Funds. » Chapter 31 - Regulation of dams and bridges affecting navigable waters.

31.01 – Definitions.

31.01 Definitions. Terms used in this chapter are defined as follows: (1) “Corporation” means a private corporation organized under the laws of this state. (2) “Department” means the department of natural resources. (3) “Grantee” means the person, firm, corporation or municipality to whom a permit is granted, and all subsequent owners of the grant. (4) […]

31.02 – Powers and duties of department.

31.02 Powers and duties of department. (1) The department, in the interest of public rights in navigable waters, to promote safety, and to protect life, health, property, property values, and economic values may regulate and control the level and flow of water in all navigable waters and may erect, or may order and require bench […]

31.03 – Permits for the Lower Wisconsin State Riverway.

31.03 Permits for the Lower Wisconsin State Riverway. For activities in the Lower Wisconsin State Riverway, as defined in s. 30.40 (15), no person obtaining a permit under this chapter may start or engage in the activity for which the permit was issued unless the person obtains any permit that is required for the activity […]

31.04 – Permits for dams.

31.04 Permits for dams. Permits to construct, operate and maintain dams may be granted to persons, corporations or municipalities under this chapter.

31.045 – Permits for dams that affect drained lands.

31.045 Permits for dams that affect drained lands. (1) For the construction, raising or enlarging of a dam that will affect the water level in a drainage district organized under ch. 88, no person who obtains a permit under this chapter may construct, raise or enlarge the dam unless the person obtains the approval of […]

31.05 – Applications for permits to construct.

31.05 Applications for permits to construct. Any person, firm, corporation or municipality desiring a permit to construct, operate and maintain a dam shall file with the department a written application therefor, setting forth: (1) The name of the navigable waters in or across which a dam is proposed to be constructed and a specific description […]

31.06 – Hearing.

31.06 Hearing. (1) Upon receipt of an application for a permit under s. 31.05 the department may order a hearing or it may mail a notice that it will proceed on the application without public hearing unless a request for a public hearing is filed as provided in this section. The notice shall be mailed […]

31.07 – Applications for permits to operate and maintain existing dams.

31.07 Applications for permits to operate and maintain existing dams. Any person, firm, corporation or municipality desiring a permit to operate and maintain a dam constructed in or across navigable waters without legislative permission prior to July 10, 1915, shall file with the department a written application therefor setting forth: (1) The name of the […]

31.08 – Hearing.

31.08 Hearing. Upon receipt of an application under s. 31.07 procedure shall be had substantially as required by s. 31.06, and if the department finds that such operation and maintenance does not materially obstruct existing navigation or violate other public rights and will not endanger life, health or property, a permit is hereby granted to […]

31.09 – Proposals to accompany applications.

31.09 Proposals to accompany applications. Each applicant for a permit to construct, operate and maintain a dam for the purpose of developing power or for the purpose of aiding in the development of power by other dams through the creation of reservoirs or otherwise, and each applicant for a permit to construct, operate and maintain […]

31.095 – Water power permits, condition precedent.

31.095 Water power permits, condition precedent. (1) Except where the stream to be improved forms a boundary line between this and another state, no permit shall be granted or transferred in accordance with this chapter until the applicant has filed with both the department and the public service commission, in addition to all other things […]

31.10 – Permit not to be valued.

31.10 Permit not to be valued. Each and every permit is granted, and shall be conclusively deemed to be accepted, subject to the condition that no element of value whatever shall ever attach to or be allowed for such permit in and of itself in the sale or acquisition of the property used and useful […]

31.11 – Certificate of terms and forfeiture of permits.

31.11 Certificate of terms and forfeiture of permits. The department shall issue to every grantee of a permit a certificate evidencing a grant of the permit allowed by law. Every permit, and every franchise heretofore granted by the legislature, to construct, maintain and operate a dam shall become null and void, unless the dam thereby […]

31.12 – Map, profile and plans.

31.12 Map, profile and plans. (1) The grantee of a permit under s. 31.06, to construct, maintain and operate a dam, before commencing any work of construction authorized by the permit, shall submit to the department a complete map and profile on the scale of not less than one inch per 1,000 feet showing the […]

31.13 – Raising or enlarging existing dams.

31.13 Raising or enlarging existing dams. (1) If the owner of any existing dam wishes to raise or enlarge the same, the owner may apply to the department for permission so to do, but the permission granted under this section shall be in amendment of any existing franchise, license, or permit previously granted authorizing the […]

31.14 – Proof of ability to maintain dams required.

31.14 Proof of ability to maintain dams required. (1) It is the policy of this section to preserve public rights in navigable waters, including those created by dams, and to provide a means of maintaining dams and the developments which have been made adjacent to the flowage of such dams. (2) Except as provided in […]

31.18 – Obligations of owners of bridges and dams.

31.18 Obligations of owners of bridges and dams. (1) The grantee of any permit, the owner of any dam constructed before permits were required by law, and the owner of any bridge at the city of Portage or at any point above that city, over the Wisconsin River, shall maintain and operate all such dams, […]

31.185 – Permits to abandon dams.

31.185 Permits to abandon dams. (1) No owner of any dam may abandon or remove or alter the dam without first obtaining a permit from the department. No person may transfer ownership of a dam or the ownership of the specific piece of land on which a dam is physically located without first obtaining a […]

31.187 – Abandoned dams.

31.187 Abandoned dams. (1) The department may remove or cause to be removed, in such manner as it deems fit, old and abandoned dams in streams in this state, upon giving 60 days’ notice in writing to the owner thereof, if the owner can be found. If the owner of the dam is unknown or […]

31.19 – Inspection of dams; orders.

31.19 Inspection of dams; orders. (1g) Definitions. In this section: (a) “High hazard dam” means a large dam the failure of which would probably cause loss of human life. (b) “Low hazard dam” means a large dam the failure of which would probably not cause significant property damage or loss of human life. (c) “Significant […]