Section 30.134. Use of exposed shore areas along streams.

 

(1)   Definitions. In this section:

(a) “Artificial ditch" means a ditch, channel, canal or other stream of water that has no prior history as a stream.

(b) “Exposed shore area" means the area of the bed of a navigable body of water that is between the ordinary high-water mark and the water's edge.

(c) “Highway" has the meaning given in s. 340.01 (22) .

(d) “Riparian" means the owner, lessee or occupant of land that abuts a navigable body of water.

(2)   Authorization. Members of the public may use any exposed shore area of a stream without the permission of the riparian only if it is necessary to exit the body of water to bypass an obstruction.

(3)   Restrictions; members of public.

(a) In using an exposed shore area of a stream, as authorized under sub. (2) , a member of the public may not enter the exposed shore area except from the water, from a point of public access on the stream, or with the permission of the riparian.

(c) Use of an exposed shore area of a stream by members of the public does not grant an easement or other right to the exposed shore area that is greater than the right granted to the public under this section.

(4)   Restrictions; riparians; others.

(a) No riparian may prohibit a member of the public from using, as authorized under this section, an exposed shore area of a stream.

(b) No riparian may charge a fee for the use, as authorized under this section, of an exposed shore area of a stream.

(c) No person may obstruct a highway with the intention to impede or prohibit access by the public to an exposed shore area of a stream.

(5)   Exceptions. The right granted to the public under this section to use an exposed shore area of a stream does not apply to any of the following:

(a) An exposed shore area of an impoundment on a stream.

(b) Any artificial ditch.

(c) Any location on a stream where there is no surface water flowing in the stream.

1999 a. 9 ; 2001 a. 16 .