An Act to amend 30.18 (8), 31.02 (1) and 87.02 (1); to create 31.16 of the statutes; Relating to: water diversion or elevation projects in towns.
AB881 would require the Department of Natural Resources, except in an emergency, to obtain approval from a town board before it may initiate, authorize, or issue a permit for certain water diversion or water-elevation projects located in that town. The bill applies to projects using stationary or portable pumps or other mechanisms that move water to places where water is not naturally occurring, as well as projects that raise the elevation of a body of water above its natural level. It also ties this new approval requirement to existing statutes governing the DNR’s authority over navigable waters and water-control projects.
The bill amends several existing provisions in Wisconsin’s water-management laws. It adds a new section, 31.16, and modifies sections 30.18, 31.02, and 87.02 so that DNR actions involving water level changes, diversions, and related drainage or channel work in towns are subject to the new local approval requirement. In practical terms, the bill narrows state agency discretion in town-based projects by giving town boards a formal veto or approval role, while preserving DNR authority in emergencies and leaving intact broader state powers outside the town-approval condition.
AB881 would change the balance of authority between the DNR and town governments by conditioning certain state permits and project approvals on a town board resolution. It would affect state regulation of navigable waters, flood-control and water-diversion projects, and related work on rivers, lakes, streams, ditches, drains, and sewers when those projects are located in towns. The bill would not eliminate DNR authority, but it would add a local consent step that could delay, block, or reshape projects involving altered water flow or artificial water bodies.
The available context shows the bill ultimately did not become law, failing to pass notwithstanding the Governor’s objections. That outcome suggests the measure was politically significant and likely controversial enough to draw executive opposition. Because no committee transcript or recorded vote details are provided, the broader discussion record is limited, but the bill’s structure indicates support for stronger town control over local water projects and opposition from those favoring DNR discretion and statewide consistency in water management.
The main point of contention is the shift in decision-making power from the DNR to town boards. Supporters would likely view the bill as protecting local control, property interests, and community input over projects that can affect flooding, drainage, water levels, and land use. Opponents would likely argue that requiring town-board approval could interfere with statewide water-management policy, complicate flood-control or conservation projects, and create uneven regulation across municipalities. The emergency exception softens the restriction, but the approval requirement remains the central dispute.