Case Law
Who's Who in WW
2024 in Review
Speaking
Teenager
Teenager
Dams
Circuit Court
Watercourse
100
this decision determined A navigable waterway is capable of floating a canoe on a recurring basis during the ......
part 2, name the case
what is the spring freshets
DeGayner & Co., Inc. v. Department of Natural Resources, 70 Wis.2d 936, 236 N.W.2d 217 (1975) A stream is navigable if it is navigable in fact at recurring times each year long enough to make the stream useful as a highway.
"...the test [for navigability] is whether the stream has periods of navigable capacity which ordinarily recur from year to year, e.g., spring freshets, or has continued navigable long enough to make it useful as a highway for recreation or commerce. The test is not whether the stream is navigable in a normal or natural condition, but whether it is in some sense permanently navigable, i.e., regularly recurring or of a duration sufficient to make it conducive to recreational uses."
100
A wetland must have water in this location
part 2 name the duration that water must be in this area
what is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation
100
Name the only statute in our program that can be a criminal violation
What is S. 30.12, Wis Stats?
100
Another name for a public notice document is....
(2 answers)
What is.....
Notice of Complete Application
Notice of pending application
100
this statute requires dam owners to pass a certain flow through a dam. Name the "flow" and the statute
What is
DNR does have the ability to require more than 25% flow through:
100
Article 9 of the State Constitution mirrors the NW Ordinance and states this
What is
“The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same shall be common highways, and forever free, as well as to the inhabitants of said territory, as to the citizens of the United States, and those of any other states that may be admitted into the confederacy, without any tax, impost or duty therefore.”
100
this photo is an example of....
what is downdrift flanking
200
The Willow River v Wade 1898 case established this part of the public trust doctrine
What is the right to use a navigable waterway for fishing
Willow River Club v. Wade, 100 Wis. 86 (1898)
Stream bed title in riparian owner; right to fish is a public right. Question was as to right to take fish from Willow River; discusses ownership of bed of stream and trust doctrine. What is navigable water. Distinction between navigable water of the United States and navigable water of the state. Who owns fish in water of United States as contrasted to state. Who owns fish in water. Riparian owners can't prevent fishing in navigable water.
200
Name the Statute and Code references to wetland regulations
what are:
ch. 23 Wis Stats
281.36 Wis Stats
NR 103 Wis Adm Code
NR 299 Wis Adm Code
NR 115/117 Wis Adm Code
NR 116 Wis Adm Code
200
This statute gives us jurisdiction to issue a citation for a chapter 30 violation
What is S. 30.298(4), Wis Stats
200
If a caller is asking about the purple layer on the SWDV for a property for sale we recommend the use of......
what is the Wetland Addendum
200
A dam plan approval is needed for a new dam on a .......
name the case law that gives us the current definition
What is a watercourse
Hoyt v. City of Hudson, 27 Wis 656 (1871)
Discusses distinction between the flow of surface waters and a watercourse. The Court defines "watercourse" as follows:
"The term `watercourse' is well defined. There must be a stream usually flowing in a particular direction, though it need not flow continually. It may sometimes be dry. It must flow in a definite channel, having a bed, sides or banks, and usually discharge itself into some other stream or body of water. It must be something more than a mere surface drainage over the entire surface of a tract of land, occasioned by unusual freshets or other extraordinary causes. It does not include the water flowing in the hollows or ravines in land which is the mere surface waters from rain or melting snow, and is discharged through them from a higher to a lower level, but which at other times are destitute of water. Such hollows or ravines are not in legal contemplation water-courses."
200
the public has the right to enjoy natural scenic beauty as a public trust right in a navigable waterway under this decision
What is:
Muench v. PSC, 261 Wis. 492 (1952)
Trust doctrine extends to land only as long as it remains under navigable water. "Navigable in fact". PSC considers fishing, scenic beauty, boating, and hunting as public rights in authorizing dam.
200
The correct OHWM color is:
What is:
red, this is the Wolf River so has very high spring water levels
300
This decision in reference to duck hunting on Horicon Marsh provided ....
part 2 name the case
What is our current OHWM definition
Diana Shooting Club v. Husting, 156 Wis. 261 (1914)
The public rights in navigable waters includes the right to hunt; the trust doctrine extends to the protection of this right.
Ordinary highwater mark defined: "By ordinary high-water mark is meant the point on the bank or shore up to which the presence and action of the water is so continuous as to leave a distinct mark either by erosion, destruction of terrestrial vegetation, or other easily recognized characteristic. And where the bank or shore at any particular place is of such a character that it is impossible or difficult to ascertain where the point of ordinary high-water mark is, recourse may be had to other places on the bank or shore of the same stream or lake to determine whether a given stage of water is above or below ordinary highwater mark."
300
what case law supported shoreland wetland protection?
What is Just v Marinette?
Just v. Marinette County, 56 Wis.2d 7 (1972)
Compensation is necessary when restrictions are placed on property in order to create a public benefit rather than to prevent a public harm. A shoreland ordinance which maintains the natural status quo of the environment does not create a public benefit, but alleviates a public harm.
The Court stated, "Is the ownership of a parcel of land so absolute that man can change its nature to suit any of his purposes?...An owner of land has no absolute and unlimited right to change the essential natural character of his land so as to use it for a purpose for which it was unsuited in its natural state and which injures the rights of others...It is not an unreasonable exercise of the [police power] to prevent harm to public rights by limiting the use of private property to its natural uses."
If a regulation is to avoid a public harm, then effects on private landowners are not compensable unless the regulation results in a value diminution to the landowner which is so great as to amount to a confiscation.
The depreciation of land value resulting from a state restriction is not to be based on what the land would be worth if it could be filled and used for commercial or residential development, but on the use of the land in its natural state. In reaching this conclusion, the Court stated,
"The Justs argue their property has been severely depreciated in value. But this depreciation of value is not based on the use of the land in its natural state but on what the land would be worth if it could be filled and used for the location of a dwelling. While loss of value is to be considered in determining whether a restriction is a constructive taking, value based upon changing the character of the land at the expense of harm to public rights is not an essential factor or controlling."
300
what statutory authority do we have to address unauthorized dams?
What is S. 30.12, 31.05, 31.12, Wis Stats
300
We need this to make a legally defensible decision
What is resource manager input
300
A large dam meets these standards
what is:
It has a structural height of 25 feet or more and impounds more than 15 acre-feet of water.
or it has a structural height of more than 6 feet and impounds 50 acre-feet
300
This case discussed whether an artificial channel that is connected to a navigable water is regulated under chapter 30, Wis Stats
Klingseisen v. DNR, 163 Wis.2d 921 (1991)
The waters are public because the channel, although artificially created, is connected to and maintained by the waters of Green Bay. The channels have no existence independent of Green Bay. Wisconsin courts have addressed the same situation in early cases where a navigable waterway was artificially raised over private property
The public trust doctrine, to be effective, must also extend to public, artificial waters that are directly and inseparably connected with natural, navigable waters.
300
Name this plant with yellow flowers:
What is: Euthamia graminifolia – grass leaf goldenrod
Usually goldenrods are in the Solidago family
400
the Sterlingworth decision gave us language about.....
what are cumulative impacts
Sterlingworth Condominium Assoc. V DNR, 205 Wis 2d. 702(Ct. App., 1996)
This case deals with the cumulative impacts of piers, boats and other riparian impacts on the shores of navigable waters. It updates Hixon and provides excellent language on cumulative impacts of piers and boats in the near shore area. The Court stated:
"Whether it is one, nine or ninety boat slips, each slip allows one more boat which inevitably risks further damage to the environment and impairs the public's interest in the lakes....In our opinion, the DNR, in limiting Sterlingworth's permit...carried out its assigned duty as protector of the overall public interest in maintaining one of Wisconsin's most important natural resources."
400
Name 3 options for identifying where wetlands are on a property?
What are:
1. wetland ID
2. wetland delineation
3. WEPS
400
We should consider these issues under S. 30.03, Wis Stats
What is:
Nuisance abatement.
do we want penalties assigned?
Is injuctive relief needed?
is restoration needed?
do we (DNR) have experience with the judges for this county?
400
This is the role of DNR in a neighboring pier dispute?
What is:
1. refer them to a consultant
2. provide pier planner
3. 30.14
4. NR 326 Wis Adm Code
5. utilize your psychology degree
400
A gate with a curved upstream plate or skin and radial arms hinged to piers or other supporting structure is a.....
what is a tainter gate
400
Prior to Statehood, name a reference to the public trust doctrine?
What is:
Roman Law
Magna Carta
NW ordinance
Equal footing
400
name this animal:
What is:
Tritogonia verrucosa, pistolgrip mussel
500
Olsen v Merrill used this test to determine if a waterway is navigable
part 2 describe the standards from the case
What is the saw log test
500
When reviewing the soil maps there are one letter descriptions after the unit name (A,B,C.....). what do these one letter descriptions represent?
what are slope percents?
500
What tools should you consider when working with an uncooperative person?
What are:
1. conflict resolution
2. verbal judo
3. compliment sandwich
4. empathy
500
explain the difference between a Findings of Fact and the Conclusions of Law in a template document
What is:
FOF - facts we used to support our decision
COL - our authority to issue the permit
500
This code allows dikes, embankments or low berms with a design embankment height of 2' or less above the natural ground and with less than 50 acre-feet of storage to not have to be designed by a professional engineer
what is NR 353, Wis Adm Code
500
this case said that the "The legislature has no more authority to emancipate itself from the obligation resting upon it which was assumed at the commencement of its statehood, to preserve for the benefit of all the people forever the enjoyment of the navigable waters within its boundaries, than it has to donate the school fund or the state capitol to a private purpose."
What is Priewe v. Wis. S. L. & Imp. Co., 103 Wis. 537 (1899)
500
name this tall herbacious plant:
What is: Heracleum maximum– cow parsnip
can grow to 10' tall