Wisconsin Statutes
Wis. Stat. § 287.81 (2026)
Littering
✓ current as of July 2026
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287.81(1)(a)(a) “Aircraft” means any structure invented, used or designed for navigation or flight in the air.
287.81(1)(as)(as) “Large item” means an appliance, an item of furniture, a tire, a vehicle, a boat, an aircraft, building materials, or demolition waste.
287.81(1)(b)(b) “Vehicle” has the meaning given in s. 340.01 (74), but includes an electric scooter, as defined in s. 340.01 (15ps), an electric personal assistive mobility device, as defined in s. 340.01 (15pm), and an all-terrain vehicle, as defined in s. 340.01 (2g).
287.81(2)(2) Except as provided in sub. (3), a person who does any of the following may be required to forfeit not more than $500:
287.81(2)(a)(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.
287.81(2)(c)(c) Fails to remove within 30 days or otherwise abandons any automobile, boat or other vehicle in the waters of the state.
287.81(2)(d)(d) Owns an aircraft that has crashed in the waters of the state and fails to remove the aircraft from those waters within 30 days after the crash, within 30 days after June 15, 1991, or within 30 days after the national transportation safety board pursuant to an investigation under 49 CFR Part 831 authorizes its removal, whichever is latest.
287.81(2m)(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.
287.81(3)(a)(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.
287.81(3)(b)(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.
287.81 HistoryHistory: 1989 a. 335; 1991 a. 19; 1995 a. 227 s. 917; Stats. 1995 s. 287.81; 2001 a. 90; 2009 a. 368; 2011 a. 265; 2019 a. 11.
287.81 AnnotationDiscarding a cigarette butt onto a highway violates this section’s prohibition of discharging “any solid waste on or along any highway.” State v. Iverson, 2015 WI 101, 365 Wis. 2d 302, 871 N.W.2d 661, 14-0515.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 2007–2025 · leading case: State v. Daniel S. Iverson, 2015 WI 101 (Wis. 2015).
State v. Daniel S. Iverson, 2015 WI 101 (Wis. 2015). “2014AP515-FT ¶2 Iverson asserts that the officer lacked authority to seize Iverson's vehicle to investigate the violation of a state statute prohibiting littering, Wis. Stat. § 287.81 (2011-12).2 Iverson argues in the alternative that the officer lacked probable cause or…”
People v. Hoekstra, 863 N.E.2d 847 (Ill. App. Ct. 2007). “That the occupants of the van were discarding clothing leads to a strong inference that they were trying to conceal something, namely their identities, if they feared that the clothing could be identified, or the clothing itself, if it was stolen. We can conceive of no innocent…”
State v. John R. Phelan (Wis. Ct. App. 2025). “§ 287.81. The littering forfeiture is found at § 287.”
People v. Hoekstra (Ill. App. Ct. 2007). “2--05--0443 feared that the clothing could be identified, or the clothing itself, if it was stolen. We can conceive of no innocent reason to be discarding such items from a moving vehicle.”
— Wis. Stat. § 287.81(1)(as) — 1 case
State v. Daniel S. Iverson, 2015 WI 101 (Wis. 2015). “2014AP515-FT ¶2 Iverson asserts that the officer lacked authority to seize Iverson's vehicle to investigate the violation of a state statute prohibiting littering, Wis. Stat. § 287.81 (2011-12).2 Iverson argues in the alternative that the officer lacked probable cause or…”
— Wis. Stat. § 287.81(2) — 1 case
State v. Daniel S. Iverson, 2015 WI 101 (Wis. 2015). “2014AP515-FT ¶2 Iverson asserts that the officer lacked authority to seize Iverson's vehicle to investigate the violation of a state statute prohibiting littering, Wis. Stat. § 287.81 (2011-12).2 Iverson argues in the alternative that the officer lacked probable cause or…”
— Wis. Stat. § 287.81(2)(a) — 1 case
State v. John R. Phelan (Wis. Ct. App. 2025). “§ 287.81. The littering forfeiture is found at § 287.”
— Wis. Stat. § 287.81(2m) — 1 case
State v. Daniel S. Iverson, 2015 WI 101 (Wis. 2015). “2014AP515-FT ¶2 Iverson asserts that the officer lacked authority to seize Iverson's vehicle to investigate the violation of a state statute prohibiting littering, Wis. Stat. § 287.81 (2011-12).2 Iverson argues in the alternative that the officer lacked probable cause or…”
— Wis. Stat. § 287.81(l)(as) — 1 case
State v. Daniel S. Iverson, 2015 WI 101 (Wis. 2015). “2014AP515-FT ¶2 Iverson asserts that the officer lacked authority to seize Iverson's vehicle to investigate the violation of a state statute prohibiting littering, Wis. Stat. § 287.81 (2011-12).2 Iverson argues in the alternative that the officer lacked probable cause or…”
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