Posted by Therese Oldenburg, 9/26/2020
There have been questions recently about cutting and removing trees from the creek. I called the DNR to see if they could provide information and they sent me to this brochure “Paddling among Fish and Wildlife”. Below are the important take aways and the link to the brochure and the website page related to it is below. Note: “Riparian” is one who owns shoreland property, be it a stream, river, or lake.
►If the tree becomes an obstruction to navigation or causes flooding on neighboring properties, then a municipality or the riparian landowner can remove the tree to alleviate the damage.
► Local river groups looking to remove material for navigation will have to get approval from the riparian landowner to cut a path or remove obstructions since the streambed and its obstructions are owned by the riparian landowner.
► Permit Not Required – Trees and branches that fall due to a natural process may be cut and pulled away from the waterway and floodplain by the affected riparian or by another person who has that riparian’s approval.
► Removal Not Required – If a tree falls due to natural processes, there is no requirement that the landowner remove the tree. On rivers, recreational users do not have to keep their feet wet; they may portage around obstructions to navigate, using the shortest route possible.
“There are some fallen trees across a stream, and I want to cut them up, can I do that?” You should consult with the property owner and make sure you have their permission. Any material you cut should be removed from the waterway and be properly disposed of in an upland location. Trees and other materials in waterways are important habitat and should remain in the system whenever possible.“
A tree has washed downstream and is blocking a culvert or bridge, can I remove it?” Yes, go out and remove the debris.More information is on this page: https://dnr.wisconsin.gov/topic/Waterways/stormDebrisCleanup.html“Paddling among Fish and Wildlife” brochure that addresses blockage removals: https://dnr.wi.gov/topic/fishing/documents/outreach/PaddlingFishandWildlife.pdf
If you have questions about your specific circumstances, contact the DNR Water Management Hotline at 920-662-5452 and ask to be connected to the water management specialist serving the county where the obstruction occurs.
More information is on this page: https://dnr.wisconsin.gov/topic/Waterways/stormDebrisCleanup.html“Paddling among Fish and Wildlife” brochure that addresses blockage removals: https://dnr.wi.gov/topic/fishing/documents/outreach/PaddlingFishandWildlife.pdfIf you have questions about your specific circumstances, contact the DNR Water Management Hotline at 920-662-5452 and ask to be connected to the water management specialist serving the county where the obstruction occurs.
