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Waukesha County, WI Trash & Recycling: Illegal Dumping (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

City-specific rules exist: Waukesha has its own illegal dumping rules that differ from Waukesha County's county-level regulations. If you live in Waukesha, check the city-specific page instead.

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?
Sec. 287.81(1)(as) defines a large item as "an appliance, an item of furniture, a tire, a vehicle, a boat, an aircraft, building materials, or demolition waste." Dumping one of these anywhere covered by the statute, including along a Waukesha County town road or in a lake, draws a forfeiture of not more than $1,000 under Sub. (2m), double the standard $500 cap.
Is it legal to put trash in someone else's dumpster without asking?
No, not under Sub. (3)(a)'s narrow reading. That exception only protects someone using a receptacle "designed for solid waste storage that is located along a highway or on other public or private property," meaning a receptacle placed there for that purpose, not simply any dumpster you find; adding waste without the owner's consent can still violate Sub. (2)(a).
Does throwing a cigarette butt out a car window count as illegal dumping?
Yes. The Wisconsin Supreme Court held in State v. Iverson, 2015 WI 101, that discarding a cigarette butt onto a highway violates Sec. 287.81's ban on discharging "any solid waste on or along any highway," confirming the statute reaches small litter, not just bulky dumped items.

Sources & Official References

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