Do Property Lines Extend into the Lake in Wisconsin? Untangling Riparian Rights
Generally, no, property lines in Wisconsin do not automatically extend directly into a navigable lake or other navigable waterway. Instead, ownership typically extends to the ordinary high-water mark. The submerged land beyond this mark is generally held in public trust by the State of Wisconsin for the benefit of all its citizens.
This seemingly simple answer, however, masks a complex web of legal doctrines, historical precedents, and practical considerations that impact riparian landowners throughout the state. Understanding the nuances of riparian rights – the rights associated with owning property that borders a body of water – is crucial for anyone buying, selling, or using land near Wisconsin’s abundant lakes and rivers.
Understanding Riparian Rights in Wisconsin
Riparian rights in Wisconsin are not absolute ownership of the submerged land. Instead, they are a bundle of rights tied to owning land adjacent to a navigable waterway. These rights allow riparian owners certain privileges related to the water, but they also come with responsibilities.
The Ordinary High-Water Mark
The ordinary high-water mark (OHWM) is the critical demarcation line. It’s the point on the bank or shore up to which the presence and action of the water are so continuous as to leave a distinct mark either by erosion, destruction of terrestrial vegetation, or other easily recognized characteristic. Determining the OHWM can be complex and often requires the expertise of surveyors or environmental consultants. It’s not necessarily the highest water level ever recorded, but rather the point where the water typically reaches over a sustained period.
The Public Trust Doctrine
Underlying the limited extension of private property into waterways is the Public Trust Doctrine. This long-standing legal principle, enshrined in Wisconsin’s Constitution, holds that the state owns navigable waters and the lands underneath them in trust for the benefit of all citizens. This ensures public access for navigation, fishing, recreation, and other beneficial uses. It’s a fundamental principle guiding water law in Wisconsin.
Frequently Asked Questions (FAQs) about Property Lines and Lakes
Here are some common questions and answers regarding property lines and lakes in Wisconsin:
FAQ 1: What are the specific rights afforded to riparian owners in Wisconsin?
Riparian owners in Wisconsin are generally entitled to the following rights:
- Access to the water: This includes the right to reach the navigable waterway from their property.
- Wharfing rights: The right to build a pier or dock out into the water, subject to permits and regulations.
- Reasonable use of the water: This includes using the water for irrigation, domestic purposes, and other reasonable uses, as long as it doesn’t unreasonably interfere with the rights of other riparian owners or the public.
- Lateral support: The right to have the natural shoreline maintained.
- Accretion and reliction: The right to gain or lose land due to the gradual and imperceptible deposit of soil (accretion) or recession of water (reliction).
FAQ 2: How do I determine the exact location of the ordinary high-water mark on my property?
Determining the OHWM often requires professional assistance. You should consult with a licensed surveyor or an environmental consultant who specializes in wetland delineation. They can analyze vegetation, soil conditions, and other factors to accurately identify the OHWM. Records from the Wisconsin Department of Natural Resources (DNR) may also offer some guidance, but their records may not be conclusive.
FAQ 3: Can I build a pier or dock on my lakefront property? What permits are required?
Yes, riparian owners generally have the right to build a pier or dock, but this right is subject to regulation. You will likely need a permit from the Wisconsin DNR and potentially permits from local governments. The permit requirements will depend on the size and type of structure you plan to build and its impact on the environment. The DNR website has detailed information on pier and dock regulations.
FAQ 4: What activities are prohibited on the submerged lands below the ordinary high-water mark?
Activities that unreasonably interfere with public rights to navigation, fishing, recreation, and other beneficial uses are typically prohibited. This could include constructing permanent structures without permits, polluting the water, or obstructing public access. The DNR enforces regulations to protect these public rights.
FAQ 5: What is the difference between “navigable” and “non-navigable” waterways in Wisconsin?
Navigable waterways are those that are capable of being used for transportation of commerce in the ordinary mode. This determination doesn’t necessarily require that the waterway actually is used for commerce, only that it could be. The Public Trust Doctrine primarily applies to navigable waterways. Non-navigable waterways are not subject to the same public trust protections, and property ownership may extend differently.
FAQ 6: How does erosion affect my property line and riparian rights?
If erosion causes your shoreline to recede, you generally lose ownership of the land that is eroded. This is because the property line follows the OHWM. However, erosion control measures, such as riprap or seawalls, may be permitted to protect your property, but these measures are also subject to DNR regulations and permitting.
FAQ 7: What is accretion and reliction, and how does it affect my property?
Accretion is the gradual and imperceptible addition of land to your property due to the deposit of soil by water. Reliction is the gradual and imperceptible uncovering of land due to the recession of water. In both cases, your property line typically extends to include the newly formed or uncovered land. However, these processes must be gradual and imperceptible; sudden changes due to avulsion (a sudden change in a watercourse) do not change property lines.
FAQ 8: Can I prevent the public from accessing the lake from my property?
You cannot prevent the public from accessing the navigable waters from a public access point, such as a public boat launch or a dedicated public access easement. However, you generally have the right to prevent the public from trespassing on your private property above the OHWM to reach the water.
FAQ 9: What are the potential environmental regulations that affect my lakefront property?
Besides pier and dock regulations, lakefront properties are often subject to regulations related to shoreland zoning, wetland protection, and stormwater management. These regulations aim to protect water quality, prevent erosion, and preserve the natural environment. The DNR and local governments administer these regulations.
FAQ 10: What is a “shoreland zoning ordinance,” and how does it affect my property?
Shoreland zoning ordinances are local regulations designed to protect the water quality and natural resources of shorelands, typically defined as areas within 300 feet of navigable waterways. These ordinances often regulate building setbacks, vegetation removal, erosion control, and other activities. Contact your local zoning office for specific requirements.
FAQ 11: What should I do if I suspect my neighbor is violating riparian rights or environmental regulations?
If you believe your neighbor is violating riparian rights or environmental regulations, you should first try to discuss the issue with them directly. If that is not successful, you can contact the Wisconsin DNR or your local government’s zoning or enforcement office to file a complaint. Provide as much documentation and evidence as possible to support your claim.
FAQ 12: I am considering purchasing lakefront property in Wisconsin. What due diligence should I perform regarding property lines and riparian rights?
Before purchasing lakefront property, you should conduct thorough due diligence. This should include:
- Reviewing the property survey: Obtain a copy of the property survey to understand the location of the property lines and the OHWM.
- Checking for easements and restrictions: Search for any easements or restrictions that may affect your riparian rights.
- Contacting the DNR and local government: Inquire about any permits or violations related to the property.
- Consulting with a real estate attorney: Seek legal advice from a real estate attorney specializing in riparian rights.
Understanding riparian rights in Wisconsin is crucial for anyone owning or considering purchasing property near a navigable waterway. While property lines generally do not extend into the lake, riparian owners have valuable rights and responsibilities that must be understood and respected. By conducting thorough research and seeking professional advice, you can ensure that you are making informed decisions about your property and protecting the precious resources of Wisconsin’s lakes and rivers.