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YLA response to AB 850
January 4, 2006
Scott Milfred
Editorial Page Editor
Wisconsin State Journal
P.O. Box 8058
Madison, WI 53708
Dear Mr. Milfred:
The Wisconsin Senate is considering a bill pertaining
to piers and boat hoists on Wisconsin's lakes. AB 850 is a special
interest bill that gives away valuable public rights in our lakes
to developers who will then sell those rights. The Senate should
reject AB 850. It upsets the balance now existing between the Wisconsin
Constitution's public trust doctrine, that protects our lakes for
everyone, and lakeshore owners' riparian rights, that allow them
to construct piers and install boat slips. Now, Wisconsin Statute
30.12 limits the number of slips to two on a typical Yahara Lakes
lot, pier width to six feet and pier length to the three-foot water
depth or the depth necessary to moor your boat, whichever is less.
The Department of Natural Resources has oversight to make sure the
public is protected from water structures that harm the public's
right to enjoy fishing, boating and a lake's scenic beauty. AB 850
would change much of that. Developers of large projects would be
given double the number of boat slips, and piers with decks of 400
square feet, the size of a living room, would be grandfathered.
Worse yet, AB 850 prohibits the DNR from enforcing many of the rules
that have protected our lakes from structures and activities that
create harm. It even grandfathers some piers that interfere with
public rights and other riparian owners' rights.
Studies have shown that large piers and boat slips negatively affect
a lake’s food chain. Lakes in states without a public trust
doctrine are developed with small cities of piers and boat slips.
Where they can be purchased, boat slips sell for as much as a small
house. Without some limits, the public loses what lakeshore development
gains. The solution is a proper balance of the public's right to
use our lakes with riparians' rights to place reasonable piers and
boat slips. AB 850 doesn't do that. However, a stakeholders' committee,
which examined piers, boat slips, swimming rafts and much more,
came up with proposed rules last year. The proposal reached a reasonable
compromise between public and private rights. The committee consisted
of representatives of riparian owners, marinas, campgrounds, municipalities,
lake organizations and Realtors. It worked for many daylong sessions
and thoroughly understood the issues. The compromise it reached
allowed riparian families to have an additional boat slip to accommodate
their children’s lake activities. Piers could extend to the
three-foot water depth, or the depth adequate for mooring a boat
whichever is more. Small decks of 120 square feet were authorized.
Larger marine structures would be allowed if they did not harm the
public's rights. Shared, or joint piers were authorized. The DNR,
subject to oversight by the Department of Administration's administrative
law judges, could prevent piers and boat slips from being too big,
too long or harmful to the public. The committee's recommendation
is a compromise between the DNR's view that piers and boatlifts
should be strictly regulated and real estate developers' view that
little regulation is necessary.
When the stakeholders' committee finished its work, the Yahara Lakes
Association, a group made up of nearly 700 lakeshore owners, looked
over the committee's work, and wrote the Natural Resources Board,
praising the compromise that the committee reached. Yahara lakes
members, though nearly all riparian owners, recognize that the public
owns the Yahara lakes, not them. They realize that a proliferation
of piers and boat slips is unsightly, ultimately reducing property
values. A view of a lake can be taken away by a forest of piers
and boats. Riparians know that marine life is valuable, and in need
of protection. Yet, they want to use their property, for which they
pay dearly in taxes. Most want to exercise their riparian rights
reasonably.
The solution is in the Wisconsin Senate's and Governor Doyle's hands.
The Senate should reject AB 850. If it does not, the Governor should
veto AB 850 and tell the legislature that he would sign a bill adopting
the compromise reached by the stakeholders' committee. If the legislature
is serious about protecting our lakes for the use of the public
and for riparian owners, it should pass a bill adopting the compromise,
and send it to the Governor.
Sincerely,
Joe Tisserand
President, Yahara Lakes Association
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