31.25 Nuisances, abatement. Every dam, bridge or other obstruction constructed or maintained in or over any navigable waters of this state in violation of this chapter, and every dam not furnished with a slide, chute or other equipment prescribed by the department, is hereby declared to be a public nuisance, and the construction thereof may be enjoined and the maintenance
May 22, 2026, are designated by NOTES. (Published 5-22-26)
31.25
Updated 23-24 Wis. Stats.
DAMS AND BRIDGES
thereof may be abated by action at the suit of the state or any citizen thereof. Section 31.23 (1) provides no substantive rule for which a violation would initiate the abatement procedures under this section. Capt. Soma Boat Line, Inc. v. City of Wisconsin Dells, 56 Wis. 2d 838, 203 N.W.2d 369 (1973).
31.253
Dam removal; opportunity for hearing. (1) OPExcept as provided under sub. (4), prior to seeking or causing the removal of a dam under this chapter, the department shall hold a public informational hearing on the proposed removal or publish a class 2 notice under ch. 985 stating that it will seek or cause the removal of the dam without holding a public informational hearing unless a hearing is requested in writing within 30 days after the last publication of the notice. The department may hold further hearings or give further notice as it deems appropriate. (2) OPPORTUNITY FOR HEARING PRIOR TO COURT ACTION. Except as provided under sub. (4), a court may not order or authorize the removal of a dam in an enforcement action under this chapter unless a public informational hearing or an opportunity for a public informational hearing was provided. (3) PUBLIC INFORMATIONAL HEARING. If the department conducts a public informational hearing under this section, the department shall explain the basis for its decision to seek or cause the removal of the dam, the procedures which will be followed and opportunities for citizen involvement in those procedures and the department shall provide an opportunity for citizens to present comments, testimony and evidence concerning the removal of the dam. Notwithstanding s. 227.42, this hearing may not be converted or treated as a contested case. (4) EXCEPTIONS. (a) This section does not apply if the department or a court determines that a dam constitutes an immediate and significant hazard to persons or property. (b) This section does not apply to an application under s. 31.185 or departmental action under s. 31.185. PORTUNITY FOR HEARING PRIOR TO DEPARTMENT ACTION.
History: 1983 a. 507; 1985 a. 182 s. 57.