Check Out That Dam

Steve Zablocki, Senior Underwriting Counsel

There are a lot of dams in Wisconsin. What’s a dam? A dam is defined as “any artificial barrier in or across a watercourse which has the primary purpose of impounding or diverting water and includes all appurtenant works, such as a dike, canal or powerhouse.” [1]

Said another way, it is a barrier that impounds water and generally serves the primary purpose of retaining water. [2] There are approximately 3,900 dams in Wisconsin and another 900 dams have been built and washed out or removed. [3]

The Wisconsin Department of Natural Resources require permits or approvals for various items associated with dams. Permit or approvals are required for the building of a new dam, repairing or reconstructing an existing dam, raising and enlarging an existing dam, transferring ownership of a dam, removing a dam; and/or altering the water level being held by a dam. [4]

For our purposes, the key issue is transferring ownership of a dam. Simply put, no person may assume ownership of a dam . . . or the ownership of that specific piece of land on which a dam is physically located . . . without filing an application and obtaining approval from the DNR. [5] Failure to follow the appropriate steps will result in the transfer being void. [6]

How do you avoid any issue? Check your subject property on a GIS or other overhead satellite map. Is there water within the parcel or close by? Is there something that suggests water is being retained? If so, there may be a dam on the parcel.

If you aren’t sure, reach out to your First American Underwriter. We can check other sources and put a second set of eyes on the issue. If you do find a dam, a requirement should be raised for the approval of the Wisconsin DNR.

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[1] Wisconsin Administrative Code, NR 333.03(3)

[2] Dams Overview, Wisconsin Department of Natural Resources

[3] Id.

[4] Dams Regulations, Wisconsin Department of Natural Resources

[5] Wis. Stat. §31.14(4)

[6] Id.