Wisconsin Statutes

Wis. Stat. § 31.05 (2026)

Applications for permits to construct

✓ current as of July 2026

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31.0531.05 Applications for permits to construct. Any person, firm, corporation or municipality desiring a permit to construct, operate and maintain a dam shall file with the department a written application therefor, setting forth:

31.05(1)(1) The name of the navigable waters in or across which a dam is proposed to be constructed and a specific description of the site for the proposed dam.

31.05(2)(2) The purpose or purposes for which the proposed dam is to be constructed, operated and maintained.

31.05(3)(3) In case the application is for a permit to construct, operate and maintain a dam for a private purpose, proof satisfactory to the department that the applicant owns or has an enforceable option to purchase the described dam site and at least 65 percent of the land to be flowed, or the flowage rights on at least 65 percent of such land. This subsection shall not apply to a person who has the power of eminent domain.

31.05(4)(4) A general description of the proposed dam, of the material to be used in the construction thereof, and a general description of all booms, piers, and other protection works to be constructed in connection therewith.

31.05(5)(5) The approximate amount of hydraulic power that the proposed dam is capable of developing.

31.05(6)(6) The name of the city, village or town in which the site of the proposed dam will be located and the name of the nearest existing dam above and below the site of the proposed dam.

31.05(7)(7) A map on the scale of not less than one inch per 1,000 feet showing the lands that may be affected by the construction, operation or maintenance of the proposed dam, or by any flowage that may be caused thereby and approximately the outline of such flowage, which map shall indicate the ownership of each tract of land within the flowage.

31.05(8)(8) Such additional information of any nature that may be required by the department.

31.05 HistoryHistory: 1975 c. 349; 1993 a. 246.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1937–2026 · leading case: Philip Myers v. Wisconsin Dep't of Nat. Resources, 922 N.W.2d 47 (Wis. 2019).

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Philip Myers v. Wisconsin Dep't of Nat. Resources, 922 N.W.2d 47 (Wis. 2019). · cites it 8× “2016AP1517 Wis. Stat. § 31.05 (describing the permit as one "to construct, operate and maintain a dam").”

Omernick v. Dep't of Nat. Resources, 301 N.W.2d 437 (Wis. 1981). “” 2 Sec. 31.05, Stats. 1973, provides: “31.05 Applications for permits to construct.”

Adams Outdoor Advert. Ltd. P'ship v. City of Madison, 914 N.W.2d 660 (Wis. 2018). · cites it 4× “, § 31.05. As property that is finite and restricted as legal-nonconforming use by Madison's zoning ordinances, permits for existing billboards carry significant value.”

Wisconsin Valley Improvement Co. v. Pub. Serv. Comm'n, 7 Wis. 2d 120 (Wis. 1959). · cites it 2× “desiring a permit to construct, operate, and maintain a dam” to apply to the commission therefor (sec. 31.05, Stats.), and directs the commission to hold a hearing and take evidence, after which “if it shall appear that the construction, operation, or maintenance of the proposed…”

Metro. Milwaukee Ass'n of Com. v. Milwaukee Cnty., 201 F. Supp. 2d 942 (E.D. Wis. 2002). “§ 31.05. Chapter 31 requires nothing of a contractor until a union seeks to organize its employees who perform work under the County contract.”

Metro. Milwaukee Ass'n of Com. v. Milwaukee Cnty., 359 F. Supp. 2d 749 (E.D. Wis. 2005). “The agreement must also include procedures for preventing the parties from coercing employees in selecting or not selecting a bargaining representative and prohibit them from requiring employees to “attend a meeting or event that is intended to influence [their] decision in…”

Adams Outdoor Advert. Ltd. P'ship v. City of Madison (W.D. Wis. 2020). · cites it 8× “Tucker determined that the proposed modifications would violate the general ban on new, relocated, or replacement advertising signs in §§ 31.05(2) and 31.11(1). He also identified other ordinance provisions that supported the permit denials, including height and size…”

City of New Lisbon v. Harebo, 271 N.W. 659 (Wis. 1937). “Sec. 31.05, Stats., contains eight separate statements of fact which must be contained in every application filed with the commission for a permit.”

Adams Outdoor Advert. Ltd. P'ship v. City of Madison (Wis. Ct. App. 2026). “And, like a traditional zoning ordinance, the sign control ordinance allows for certain kinds of nonconforming signs (albeit not digital image signs) to remain in place, even if they do not conform to the ordinance.”

Luening v. Pub. Serv. Comm'n, 66 N.W.2d 190 (Wis. 1954). “, which requires that an application for the permit to construct a dam shall set forth the name of the waters in or across which the dam is to be constructed, as requiring that the word “dam” be construed differently than it was in the Priegel Case.”

— Wis. Stat. § 31.05(1) — 1 case

— Wis. Stat. § 31.05(2) — 1 case

Adams Outdoor Advert. Ltd. P'ship v. City of Madison (W.D. Wis. 2020). “Tucker determined that the proposed modifications would violate the general ban on new, relocated, or replacement advertising signs in §§ 31.05(2) and 31.11(1). He also identified other ordinance provisions that supported the permit denials, including height and size…”

— Wis. Stat. § 31.05(2)(b) — 1 case

— Wis. Stat. § 31.05(2)(c) — 1 case

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