Access Abandonment for Public Waterways
(Sections 66.1003, 66.1006, 236.16(3), Wis. Stats., and
Sections NR 1.91 and NR 1.92(1)(a), Wis Admin Code)
The DNR is pleased to offer information and assistance about waterways access abandonment issues to town and county elected officials and other interested persons. The goal of the state of Wisconsin is to provide, maintain and improve access to navigable waters of the state. The abandonment of roads and |
WDNR Photo. Anglers in boat enjoying a quiet morning |
| right-of-ways has the potential to impact those seeking to recreate on navigable waters. Waterway access is essential for swimming, wading, enjoying the vista, fishing from shore, launching watercraft, etc. | |
| Improper abandonment of public waterway access has increasingly become an issue of concern around the state. For background on this issue, please read the following article. |  |
| In an effort to share information about waterways access with their members, the Wisconsin Counties Association and Wisconsin Towns Association agreed to publish this article in the July 2005 edition of their respective magazines. The WI County Code Administrators also published a reprint of this article in their e-newsletter in September 2005. | |
Access Abandonment Article [PDF 330KB] found in the magazine "Wisconsin Counties".
In order to legally abandon or discontinue a roadway or public right-of-way which provides public access to a navigable waterway, towns and counties must follow a formal process that includes the submittal of a resolution or ordinance to the Department, and may also include the need for public notice and a public hearing. The Department may grant the petition to abandon or discontinue an access site if the town or county that seeks abandonment shows that abandonment will not decrease the quantity or quality of public access on the waterway. The surest way to meet this standard is for the county or town to replace the site being abandoned with a new access site that offers equivalent access to the waterway. Further details on the abandonment process can be found on the links at the top of the page.
Summary of Applicable Law
There are statutes and administrative rules that govern the process by which counties and towns may abandon public waterways access. The attached brochure summarizes that information.
Access Abandonment Brochure (PDF, 69KB)
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Seasonal Closures
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The seasonal closure of public water access sites is considered to be the same as abandoning the site permanently. That is, it is not allowed. Local officials wishing to address a water quality problem by seasonally closing their public water access sites should contact the DNR staff from their region listed below for alternative solutions. |
Case Study: One Town Inventories its Platted Access
The Town of LaFayette, Chippewa County, recently undertook a project to examine the condition of all the platted access points around Lake Wissota. The Town accomplished its inventory with the help of a volunteer intern from the Chippewa Valley Technical College.
Here’s a link from the Town’s web site showing the PowerPoint presentation prepared by the intern: http://www.lafayettetownship.org/other%20links.html
Here’s a concluding statement from the intern describing what he did, what worked well, and what changes he might make to his protocol in the future:
Contacts
If you have questions about waterways access abandonment, we recommend that you first contact the following DNR staff in your region. The names, addresses, and phone numbers of those staff appear in the attached link. |
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Additional Information
- Maximum Daily Launching Fees [PDF 28KB] (PDF, 27KB)
- Allowable Boat Launch Fees
- State funding for recreational boating projects, weed harvesting equipment and navigational aids
Related Links
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