Waterway & Wetland Permits: Lake Levels
Lake water levels can fluctuate naturally due to precipitation which varies widely from season to season and year to year. While some lakes with stream inflows show the effect of rainfall almost immediately, others, such as seepage lakes, do not reflect changes in precipitation for months. Low water levels cause stressful conditions for fish and increase the number of nuisance aquatic plants. High water levels can boost the amount of nutrients from runoff and flooded lakeshore soils. Fluctuating water levels can also impact shoreline erosion. Although low water may be perceived as a problem for property owners, it is natural for lakes to go up and down in cycles that are decades long. Low water does have some benefits. It consolidates sediments, allows new plants to colonize the lake bed and it provides habitat for rare plants and shorebirds.
“Do I need to obtain a permit and/or pay a fee when I want to...”

DNR Photo
Maintain higher or lower lake levels on my flowage or impoundment.
Establishing or changing levels on a lake with a water control structure (e.g. dam) will require DNR approval. A fee is required.
Maintain higher or lower lake levels on my lake that has no water control structure (e.g. a dam)
A permit may not be required to divert water from a lake that does not have an outlet (e.g. seepage lake- please see the Wisconsin Lakes Book to determine if your lake is a seepage lake). But permits may be needed for other reasons (See “Did You Know” box on this page) or if you are discharging in a waterway. See WPDES program Web site for more details.
BUT If the Diversion from a seepage lake averages greater than 100,000 gallons per day in any 30 day period, you must register and report the diversion.
If your lake DOES have an outlet (e.g. Drainage, spring, or drained lake- please see the Wisconsin Lakes Book to determine if you lake is a one of these lake types), a permit IS required if you are pumping water either from the lake itself or from the outlet stream if the purpose is for bringing back or maintaining the normal level of your lake.
For more information on what permit application is needed, see please contact the Water Management Specialist covering the county where your project is located.
In addition, don't forget to look at the Irrigation Sample Drawing [PDF 148KB] to ensure that your plans submitted with your application have all the necessary components for review. Otherwise your application may be delayed.
Did You Know:
Please be aware that In those instances where the diversion does not require a permit you may still need a permit under s. 30.12 if there is a structure (e.g. intake structure) located below the OHWM. The DNR can set minimum water levels to protect public rights and resources. So you may also need a permit if an order under s. 31.02 has been created establishing a minimum level at which no diversion or consumptive use of water is allowed.
Laws
Applicable statutes and codes include s. 31.02 and 30.18.
Last Revised: Thursday August 13 2009 |