Statutes and Regulations

What laws and regulations govern dams in Wisconsin? How is the DNR involved in dam regulation? Dams have a significant impact on water quality, wildlife, public safety, water rights issues, and land use in Wisconsin. The following are some of the statutes and laws on water and dam safety for Wisconsin.

DNR Mission Statement

To protect and enhance our natural resources: Our air, land and water; our wildlife, fish and forests and the ecosystems that sustain all life.To provide a healthy, sustainable environment and a full range of outdoor opportunities. To ensure the right of all people to use and enjoy these resources in their work and leisure. To work with people to understand each other’s views and to carry out the public will. And in this partnership consider the future and generations to follow.

Dam Safety Program

The Public Trust Doctrine emanates from Article IX, Section 1 of the Wisconsin Constitution. It states that all rivers, lakes and navigable waterways are under the jurisdiction of the State of Wisconsin. Any structure which is built on a waterway impacts the public rights to that waterway, and needs to be monitored by the State of Wisconsin to assure safety, water quality, public access and monitor its impact on Wisconsin wildlife.

Chapter 31 [PDF exit DNR], created in 1917 under the Water Power Law, was developed to ensure that dams are safely built, operated and maintained. NR 333 provides design and construction standards for large dams and NR 335 covers the administration of the Municipal Dam Repair and Removal Grant Program. DNR is responsible for administration of these regulations. Chapter 31 covers:

• Dam permitting
• Dam construction
• Dam safety, operation and maintenance
• Alteration or repair of dams
• Dam transfer and dam removal
• Water level and flow control

In regards to dam safety inspections, Chapter 31.19 requires the department to inspect all of the large dams on navigable waterways once every 10 years. A large dam is defined as having a structural height of over 6 feet and impounding 50 acre-feet or more, or having a structural height of 25 feet or more and impounding more than 15 acre-feet. In general we do not inspect dams that are regulated by a federal agency.