2019 Wisconsin Statutes & Annotations
Chapter 895. Damages, liability, and miscellaneous provisions regarding actions in courts.
895.5265 Civil liability exemption; placement of certain structures in waterways.
895.5265 Civil liability exemption; placement of certain structures in waterways.
(1) In this section, “department" means the department of natural resources.
(2) A person is immune from civil liability for damage to personal property, injury to a person, or death caused by placing a structure on the bed of a navigable water or in a wetland if the structure is placed for the purpose of fish and wildlife habitat creation, protection, or improvement or if the structure is a net pen that meets the requirements under s. 30.12 (3) (b) 1. a., b., and c., and if any of the following applies:
(a) The department authorized the person to place the structure under a permit or other approval issued under subch. II of ch. 30 or under s. 281.36 and the person placed the structure in accordance with the permit or other approval.
(b) The person is exempt from any permit requirement under subch. II of ch. 30 or under s. 281.36 and the structure is placed in a manner that meets the exemption requirements.
(c) The person is acting under the direction of a person described under par. (a) or (b).
(2m) A person is immune from civil liability for damage to personal property, injury to a person, or death caused by a structure described under sub. (2) if the structure was placed on the bed of a navigable water or in a wetland on or adjacent to the person's property by a predecessor in title to the property.
(3) No person authorized under sub. (2) (a), (b), or (c) to place a structure in a navigable water or wetland and no person described under sub. (2m) owe to any person a duty to do any of the following:
(a) Inspect or maintain the structure.
(b) Give warning of the existence of the structure unless specifically required by law.
(c) Give warning of an unsafe condition caused by the structure.
History: 2015 a. 220.
