Ashwaubenon, WI Environmental Rules: Boat Dock Permits (2026)
Key Facts
- Local dock/pier permit
- Exempt under Section 23-1-302(A)(2)(e)
- Permit issuer (other development)
- Village Zoning Administrator
- Permit validity
- Expires 1 year from issuance
- State law layer
- Wis. Stats. chs. 30 and 31 still apply
- Boathouse setback
- Must sit entirely above high-water mark
- First-offense penalty
- $1 to $5,000 forfeiture, up to 90 days jail
Summary
In the Village of Ashwaubenon's shoreland-wetland zoning district, most new development needs a permit from the Zoning Administrator, but Municipal Code Section 23-1-302(A)(2)(e) specifically exempts piers, docks, walkways and trail bridges built on pilings from that local permit, so long as no wetland alteration occurs. Builders still answer to state law: Wisconsin Statutes chapters 30 and 31 govern construction over navigable waters regardless of the local exemption.
23-1-202 Administrative Procedures (A) Shoreland-Wetland Permit. Unless another section of this chapter specifically exempts certain types of development from this requirement, a shoreland-wetland permit shall be obtained from the Zoning Administrator before any development, as defined in Section 23-1-107, including any change in the use of an existing building or structure within the shoreland-wetland zone, is initiated. ... (3) Expiration. All permits issued under the authority of this chapter shall expire one year from the date of issuance. ... 23-1-302 Permitted Uses (A) The following uses are permitted in shoreland-wetland zoning districts subject to Wis. Stats. chs. 30 and 31, and the provisions of other local, state and federal laws, if applicable: ... (2) Uses which do not require the issuance of a shoreland-wetland permit and which may involve alterations are permitted only to the extent as specifically follows: ... (e) The construction and maintenance of piers, docks and walkways, observation decks and trail bridges built on pilings, including limited excavating and filling necessary for such construction or maintenance;
Full Breakdown
Ashwaubenon's shoreland-wetland zoning district, created under Article 1 of Chapter 23 and covering land within 1,000 feet of a navigable lake or 300 feet of a navigable river under Section 23-2-108, requires most new development to obtain a shoreland-wetland permit from the Zoning Administrator under Section 23-1-202(A). The application must give the owner's name and parcel number, a scaled site plan, the location of the ordinary high-water mark, and the location of any structures measured from the lot lines; once issued, the permit expires one year from the date of issuance under Section 23-1-202(A)(3).
Piers and boat docks get a specific carve-out from that local process. Section 23-1-302(A)(2)(e) lists the construction and maintenance of piers, docks, walkways, observation decks and trail bridges built on pilings among the uses that do not require a shoreland-wetland permit, provided the work involves only limited excavating or filling and no wetland alteration. That exemption is conditioned: Section 23-1-302(A) allows these uses only subject to Wisconsin Statutes chapters 30 and 31, so a property owner who skips the Village's shoreland-wetland permit for a new dock still needs to satisfy the Wisconsin DNR's waterway permitting requirements under those chapters before building over or into the water.
Boathouses built alongside a dock are handled under a separate provision, Section 23-2-109(B): a boathouse may sit within the normal 50-foot shoreline setback, but only if it stays entirely above the ordinary high-water mark, faces the water, and is used strictly to store boats and water-recreation gear, since plumbing, heating, cooking facilities and human habitation inside a boathouse are all prohibited.
Violations & Fines
The Zoning Administrator refers any shoreland-wetland development built without a required permit, or a boathouse built without the correct setback or used for habitation, to the Village Attorney for prosecution under Section 23-1-208. Under the Municipal Code's general penalty section, 1-1-13, a first offense brings a forfeiture of $1.00 to $5,000.00 plus court costs, with up to 90 days in the county jail if the forfeiture goes unpaid; a second offense within a year raises jail exposure to six months, and each day a violation continues counts as a separate offense.
Frequently Asked Questions
Do I need a Village permit to build a boat dock in Ashwaubenon?
What about a boathouse next to my dock?
What happens if I build in the shoreland-wetland zone without the required permit?
How long does a shoreland-wetland permit last?
Sources & Official References
Other rules in Ashwaubenon
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