Wisconsin Statutes
Wis. Stat. § 31.185 (2026)
Permits to abandon dams
✓ current as of July 2026
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31.185(1)(1) No owner of any dam may abandon or remove or alter the dam without first obtaining a permit from the department. No person may transfer ownership of a dam or the ownership of the specific piece of land on which a dam is physically located without first obtaining a permit from the department.
31.185(2)(2) An application for a permit to abandon, remove or alter a dam or an application for a permit to transfer ownership of a dam or the ownership of a specific piece of land on which a dam is physically located shall be made to the department upon forms prescribed by it and shall contain the owner’s name and address, a brief description of the dam and its location and other information as the department requires for the purpose of enabling it to act on the application.
31.185(4)(4) Prior to the hearing the department shall have its staff make its own investigation of the dam and, on the basis of such investigation, shall make recommendations as to the type of requirements, if any, which it would impose on the applicant under sub. (5) as a condition to granting the permit. Such recommendations shall be presented at the hearing. If no one registers opposition to the application at the hearing, the department shall grant the permit, subject to such conditions as it deems necessary under sub. (5). If someone registers opposition to the abandonment at the hearing and such opposition is not withdrawn, the department shall defer action on the application for a period of 120 days after the hearing. Within a reasonable time after the expiration of such period, the department shall deny the permit, or grant the permit, subject to such conditions as it imposes under sub. (5), unless, within such 120-day period, one or more municipalities or other persons or associations have agreed to acquire ownership of the dam and have furnished satisfactory proof of intent to comply with s. 31.14 (2) or (3).
31.185(5)(5) As a prerequisite to the granting of a permit under this section, the department may require the applicant to comply with such conditions as it deems reasonably necessary in the particular case to preserve public rights in navigable waters, to promote safety, and to protect life, health, property, property values, and economic values.
31.185 AnnotationSub. (5) is not directed to the removal of a dam by the Department of Natural Resources. It creates a different procedure for a private party who seeks to remove a dam. Froebel v. DNR, 217 Wis. 2d 652, 579 N.W.2d 774 (Ct. App. 1998), 97-0844.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1987–2022 · leading case: Froebel v. Wisconsin Dep't of Nat. Resources, 579 N.W.2d 774 (Wis. Ct. App. 1998).
Froebel v. Wisconsin Dep't of Nat. Resources, 579 N.W.2d 774 (Wis. Ct. App. 1998). “Sections 31.185 and 31.187, Stats. Next, Froebel challenges the ALJ's interpretation of §§ 31.”
Froebel v. Meyer, 13 F. Supp. 2d 843 (E.D. Wis. 1998). “The court identified the following reasons for this conclusion: (1) Sturtevant and another DNR official testified before the ALJ that the DNR does not require a WPDES permit for dam removal; (2) Wis. Stat. § 31.185 , which requires private parties to obtain a permit before…”
Tenpas v. Dep't of Nat. Resources, 415 N.W.2d 853 (Wis. Ct. App. 1987). “The new law also created sec. 31.185, Stats. (1961), requiring a permit from the public service commission in order for the owner to abandon, remove, alter or transfer ownership of a dam.”
Tenpas v. Dep't of Nat. Resources, 436 N.W.2d 297 (Wis. 1989). “14 is internally integrated and is primarily linked with other parts of chapter 31. Section 31.14(4) operates by requiring compliance with secs, 31.”
Kreuziger v. Milwaukee Cnty. (E.D. Wis. 2022). “Wis. Stat. § 31.185 (1). As part of the statutory scheme governing the issuance of permits for the removal or alteration of dams, the DNR must, inter alia, investigate the permit, including evidence offered by the applicant and any respondents, make findings of fact and…”
— Wis. Stat. § 31.185(1) — 1 case
Froebel v. Wisconsin Dep't of Nat. Resources, 579 N.W.2d 774 (Wis. Ct. App. 1998). “Sections 31.185 and 31.187, Stats. Next, Froebel challenges the ALJ's interpretation of §§ 31.”
— Wis. Stat. § 31.185(5) — 3 cases
Froebel v. Wisconsin Dep't of Nat. Resources, 579 N.W.2d 774 (Wis. Ct. App. 1998). “Sections 31.185 and 31.187, Stats. Next, Froebel challenges the ALJ's interpretation of §§ 31.”
Froebel v. Meyer, 13 F. Supp. 2d 843 (E.D. Wis. 1998). “The court identified the following reasons for this conclusion: (1) Sturtevant and another DNR official testified before the ALJ that the DNR does not require a WPDES permit for dam removal; (2) Wis. Stat. § 31.185 , which requires private parties to obtain a permit before…”
Tenpas v. Dep't of Nat. Resources, 415 N.W.2d 853 (Wis. Ct. App. 1987). “The new law also created sec. 31.185, Stats. (1961), requiring a permit from the public service commission in order for the owner to abandon, remove, alter or transfer ownership of a dam.”
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