Waukesha County, WI Trash & Recycling: Illegal Dumping (2026)
Key Facts
- Governing statute
- Wis. Stat. § 287.81(2), (2m), (3)
- Standard forfeiture
- Not more than $500 (Sub. (2))
- Large-item forfeiture
- Not more than $1,000 (Sub. (2m))
- Enforcement
- Local citation, not state DOJ (Sec. 287.91(1))
- Key case
- State v. Iverson, 2015 WI 101
Summary
Wisconsin's littering statute, Wis. Stat. 287.81, bars dumping solid waste anywhere in Waukesha County's unincorporated towns, on a highway, in any waters of the state, on ice, or on any public or private property, with a forfeiture up to $500, and up to $1,000 for dumping a "large item" such as an appliance, tire or piece of furniture.
287.81 Littering. (2) Except as provided in sub. (3), a person who does any of the following may be required to forfeit not more than $500: (a) Deposits or discharges any solid waste on or along any highway, in any waters of the state, on the ice of any waters of the state or on any other public or private property. (b) Permits any solid waste to be thrown from a vehicle operated by the person. (2m) Except as provided in sub. (3), a person who deposits any large item on or along any highway, in any waters of the state, on the ice of any waters of the state, or on any other public or private property shall forfeit not more than $1,000. (3)(a) Subsections (2)(a) and (2m) do not apply to a person who places solid waste in a receptacle designed for solid waste storage that is located along a highway or on other public or private property. (b) Subsections (2) and (2m) do not apply to a person who deposits or discharges solid waste in conformance with chs. 30, 31, 281 to 285 or 289 to 299 or a permit, license or other approval issued by the department under those chapters.
Full Breakdown
81 sits in Subchapter IV of Chapter 287, Wisconsin's solid waste law, and applies statewide, including every unincorporated town in Waukesha County. Sub. (2) makes it a forfeiture offense of not more than $500 to deposit or discharge solid waste "on or along any highway, in any waters of the state, on the ice of any waters of the state or on any other public or private property," or to let solid waste be thrown from a moving vehicle. Sub. (2m), added later, carries a steeper forfeiture of not more than $1,000 for dumping a "large item," a term Sub.
(1)(as) defines to include an appliance, furniture, a tire, a vehicle, a boat, an aircraft, building materials, or demolition waste. Sub. (2)(c) and (d) separately require that an abandoned vehicle, boat or aircraft be removed from state waters within 30 days. The statute carves out two exceptions in Sub. (3): it does not reach someone who places waste in a receptacle actually designed for solid waste storage along a highway or on public or private property, and it does not reach disposal that conforms to a DNR permit, license or approval under chs.
30, 31, 281-285 or 289-299. Notably, Sec. 81 from the attorney general's chapter-wide enforcement duty, leaving littering citations to local law enforcement rather than the state Department of Justice. Wisconsin's Supreme Court has read the ban broadly: in State v. "
Violations & Fines
A first dumping violation of Sub. (2) draws a forfeiture of not more than $500; dumping a large item such as an appliance, mattress or tire under Sub. (2m) draws up to $1,000. Because 287.81 is carved out of both the attorney general's general chapter-287 enforcement authority (Sec. 287.91(1)) and the statewide penalty schedule in Sec. 287.97, littering citations in the unincorporated towns are issued locally rather than by the Wisconsin Department of Justice.
Frequently Asked Questions
What counts as a "large item" under this littering law?
Is it legal to put trash in someone else's dumpster without asking?
Does throwing a cigarette butt out a car window count as illegal dumping?
Sources & Official References
Other rules in Waukesha County
Compare Waukesha County to another location·View the Wisconsin trash & recycling overview
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