Current through November 25, 2024
(1) In order to
determine whether a pier or boat shelter interferes with the rights of an
adjacent riparian, the department shall use the method outlined in this
subsection which it determines most fully meets the Wisconsin supreme court
ruling in Rondesvedt v. Running, 19 Wis. 2d 614 (1962), that ". . . each must
have his due proportion of the line bounding navigability and a course of
access to it from the shore exclusive of every other owner, and that all rules
for apportionment or division are subject to such modification as may be
necessary to accomplish substantially this result."
(2) The alternative methods of apportionment
include:
(a)
Apportionment of the line
of navigation. The general procedure for the apportionment of the line
of navigation is to measure the whole shoreline of the cove or bay and the line
of navigation in front of the shoreline and to apportion the line of navigation
among the riparians in proportion to the length of their respective holdings on
the shoreline. The area of water within which each riparian may place a pier to
reach the line of navigation is determined by drawing straight lines between
the corresponding points of division on the shoreline and the line of
navigation.
(b)
Coterminous
riparian rights lines. Chords are drawn to connect points established
at the intersection of each lot line with the ordinary highwater mark. The
lines which bisect the angle formed by adjacent chords are the coterminous
riparian rights lines. The extension of the coterminous riparian rights lines
to the line of navigation describes the portion of the water within which each
riparian may place a pier to gain access to the line of navigation. If the
coterminous riparian rights lines intersect before the line of navigation is
reached, another method of apportionment will be used.
(c)
Extended lot lines.
Under the extended lot line method the area of water within which each riparian
may place a pier to reach the line of navigation is determined by extending the
lot lines along the same alignment from the upland to the line of
navigation.
(d)
Other
method. Any other method for determining the rights of riparians to
gain access to the line of navigation that is compatible with the general rule
adopted in sub. (1).
(3) To provide each riparian with sufficient
room to place a pier and moor a boat along the common line between adjacent
riparians the following technique will be used:
(a) Each riparian shall back their respective
pier away from the common line or point of intersection of that line with the
line of navigation in proportion to the riparian's share of the 2 adjacent
shoreline lengths until sufficient room is provided to moor each riparian's
boat at their respective pier and to provide safe maneuvering room for each
boat to approach or leave the respective pier.
(b) If a riparian cannot move sufficiently
from one side without violating the rule on the other side, then the riparian
shall position the pier in that location which best satisfies the rule on both
sides and each riparian shall then move far enough to the side regardless of
shoreline proportions to afford the necessary clearance.
