Wis. Stat. » CHAPTER 30 — NAVIGABLE WATERS, HARBORS AND NAVIGATION
Wisconsin Statutes

Wis. Stat. § 30.294 (2026)

Nuisances, abatement

✓ current as of July 2026
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30.29430.294 Nuisances, abatement. Every violation of this chapter is declared to be a public nuisance and may be prohibited by injunction and may be abated by legal action brought by any person.
30.294 HistoryHistory: 1987 a. 374.
30.294 AnnotationA citizen may bring suit under this section, pursuant to the public trust doctrine, directly against a private party for abatement of a public nuisance when the citizen believes that the Department of Natural Resources has inadequately regulated the private party. When a municipality is a defendant, filing a notice of claim under s. 893.80 (1) (b) [now s. 893.80 (1d) (b)] is not required if an injunction is sought under this section, whether or not the injunction will be directed against the municipality. Gillen v. City of Neenah, 219 Wis. 2d 806, 580 N.W.2d 628 (1998), 96-2470.
Notes of Decisions
Cited in 15 cases, 1994–2020 · leading case: Gillen v. City of Neenah, 580 N.W.2d 628 (Wis. 1998).
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Gillen v. City of Neenah, 580 N.W.2d 628 (Wis. 1998). · cites it 174× “We hold that the plaintiffs may bring suit under Wis. Stat. § 30.294 (1993-94) against the defendants to abate a public nuisance.”
State v. City of Oak Creek, 2000 WI 9 (Wis. 2000). · cites it 52× “The attorney general, claiming to be acting on behalf of the State of Wisconsin, brought an action for injunctive relief under Wis. Stat. §§ 30.294 , 823.01, and 832.02 (1995-96) [1] to require the city of Oak Creek to remove a concrete *617 channel from a quarter mile length of…”
Willow Creek Ranch, L.L.C. v. Town of Shelby, 2000 WI 56 (Wis. 2000). · cites it 8× “The court held that the plaintiffs could bring a suit under Wis. Stat. § 30.294 to abate a nuisance, without first filing a notice of claim.”
Rouse v. Theda Clark Med. Ctr., Inc., 2007 WI 87 (Wis. 2007). · cites it 6× “In Gillen, the plaintiff sought injunctive relief pursuant to § 30.294, which the court recognized as "expressly allow[ing] a plaintiff to seek immediate injunctive relief to prevent injury.”
Munger v. Seehafer, 2016 WI App 89 (Wis. Ct. App. 2016). · cites it 3× “Munger and the Association note the Respondents were cited for several statutory violations, and they maintain these violations gave rise to a public nuisance subject to a private action for abatement under Wis. Stat. § 30.294 . In their view, "[t]he characterization by .”
E-Z Roll Off, LLC v. Cnty. of Oneida, 2011 WI 71 (Wis. 2011). · cites it 4× “2d 628 (1998) (exempting actions to enjoin violations of the public trust doctrine under Wis. Stat. § 30.294 ); Little Sissabagama Lake Shore Owners Ass'n, Inc.”
Lake Beulah Mgmt. Dist. v. State, 2011 WI 54 (Wis. 2011). · cites it 2× “2d 628 (1998) (holding that citizens may bring an action under Wis. Stat. § 30.294 to abate a public nuisance that is affecting public rights in navigable waters).”
City of Oak Creek v. State Dep't of Nat. Resources, 518 N.W.2d 276 (Wis. Ct. App. 1994). · cites it 3× “, 5 which prohibits the changing of the course of a navigable stream without a permit, and § 30.294, STATS., 6 which declares every violation of chapter 30 to be a public nuisance.”
Oak Creek Citizen's Action Comm. v. City of Oak Creek, 2007 WI App 196 (Wis. Ct. App. 2007). · cites it 5× “2d 628 [, 634] (1998) (actions under Wis. Stat. § 30.294 to enjoin violations of the public trust doctrine); [State ex rel.”
Town of Burke v. City of Madison, 593 N.W.2d 822 (Wis. Ct. App. 1999). · cites it 3× “2d at 633 ; § 30.294, Stats. The court then éxplained that the specific enforcement procedures provided in § 30.”
State v. City of Oak Creek, 588 N.W.2d 380 (Wis. Ct. App. 1998). · cites it 25× “The attorney general also sought to have Oak Creek's channelization of Crawfish Creek declared to be a nuisance, both under § 30.294, STATS., and the common law, and an order requiring Oak Creek to restore Crawfish Creek to its pre-channelization condition.”
Nesbitt Farms, LLC v. City of Madison, 2003 WI App 122 (Wis. Ct. App. 2003). · cites it 2× “2d 628 (1998) (actions under Wis. Stat. § 30.294 to enjoin violations of the public trust doctrine); Auchinleck, 200 Wis.”
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