Chapter 3 Updates: Dams and Flowages
§ 3.02a(5) Permits for Dams Constructed Without Permits, p. 101
DNR has issued guidance on unauthorized dams which creates a priority for addressing such structures.
§ 3.02b(1) Regulation of Water Levels p. 102
2015 Wis. Act 387 codified the Lake Koshkonong decision and added the words "property values and economic values" to the considerations in Wis. Stat. §31.02 and 31.185. Restrictions on DNR authority to regulate certain dams in Vilas County as part of 2015 Wis Act 55. See. Wis. Stat. §31.02(4d)
Exceptions were added to the requirement in Wis. Stat. §31.34 for passing 25% of the natural flow of water as part of 2015 Wis. Act 55.
§ 3.02b(4) Dam Transfer Obligations p.104
Wis. Act 304 created an obligation in Wis. Stat. §709.03 to disclose the existence of a dam on real estate transfer forms for certain real estate transactions.
Chapter 3 Generally.
Fromm v. Village of Lake Delton, ___WI Ap __ 2013 AP14 (April 3, 2014) Village was not liable for the destruction of real and personal property under an inverse condemnation theory for the failure of the Lake Delton dam during a June 2008 storm
.
§ 3.02a(5) Permits for Dams Constructed Without Permits, p. 101
DNR has issued guidance on unauthorized dams which creates a priority for addressing such structures.
§ 3.02b(1) Regulation of Water Levels p. 102
2015 Wis. Act 387 codified the Lake Koshkonong decision and added the words "property values and economic values" to the considerations in Wis. Stat. §31.02 and 31.185. Restrictions on DNR authority to regulate certain dams in Vilas County as part of 2015 Wis Act 55. See. Wis. Stat. §31.02(4d)
Exceptions were added to the requirement in Wis. Stat. §31.34 for passing 25% of the natural flow of water as part of 2015 Wis. Act 55.
§ 3.02b(4) Dam Transfer Obligations p.104
Wis. Act 304 created an obligation in Wis. Stat. §709.03 to disclose the existence of a dam on real estate transfer forms for certain real estate transactions.
Chapter 3 Generally.
Fromm v. Village of Lake Delton, ___WI Ap __ 2013 AP14 (April 3, 2014) Village was not liable for the destruction of real and personal property under an inverse condemnation theory for the failure of the Lake Delton dam during a June 2008 storm
.
