summary
Introduced
01/16/2026
01/16/2026
In Committee
02/20/2026
02/20/2026
Crossed Over
02/18/2026
02/18/2026
Passed
Dead
Introduced Session
Potential new amendment
2025-2026 Regular Session
Bill Summary
Under this bill, except in the case of an emergency, the Department of Natural Resources may not initiate, authorize, or issue a permit for a project located in a town that involves the use of stationary or portable pumps or other mechanisms that divert water to locations where water is not naturally occurring or that raise water elevation above what is naturally occurring unless the town board of the town in which the activity will occur approves the project by resolution. This limits DNR’s general authority under current law to regulate and control the level and flow of water in navigable waters and to divert the flow of water of a body of water for the purpose of flood control and prevention, including when such a diversion creates an artificial water body.
AI Summary
This bill requires that for any project involving the diversion of water to a new location or the raising of water levels above their natural state, using pumps or other mechanisms, and located within a town, the town board must approve the project by resolution, unless it's an emergency situation. This new requirement, outlined in a new section of law (s. 31.16), limits the Department of Natural Resources' (DNR) existing authority to regulate water levels and flow in navigable waters, which currently allows them to control water levels for flood control and create artificial bodies of water without explicit town board approval. The bill also amends existing laws (ss. 30.18, 31.02, and 87.02) to incorporate this new town board approval requirement into the DNR's powers to raise water elevations, regulate water levels and flow, and alter watercourses, ensuring that town consent is a prerequisite for such projects within their boundaries.
Committee Categories
Agriculture and Natural Resources
Sponsors (3)
Last Action
Read first time and referred to committee on Insurance, Housing, Rural Issues and Forestry (on 02/20/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://docs.legis.wisconsin.gov/2025/proposals/reg/asm/bill/ab881 |
| Assembly Substitute Amendment 2 | https://docs.legis.wisconsin.gov/document/amends/2025/REG/AB881-ASA2.pdf |
| AB881 ROCP for Committee on Environment | https://docs.legis.wisconsin.gov/2025/related/records/assembly/environment/1966284.pdf |
| BillText | https://docs.legis.wisconsin.gov/document/proposaltext/2025/REG/AB881.pdf |
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