Any wharf or pier in navigable waters which is declared so old, dilapidated or in need of repair that it is dangerous, unsafe or unfit for use under s. 30.13 (5m) (a) 2. or repair is determined unreasonable under that section is a public nuisance and may be proceeded against under this chapter.
823.215.Dilapidated wharves and piers in navigable waters declared nuisances.
Ch. 823: Nuisances · Last amended 2001 · Last verified July 15, 2026
In one sentenceSection 823.215 makes any wharf or pier in navigable waters already declared dangerously dilapidated or unfit for use, or found unreasonable to repair, under section 30.13(5m)(a)2. into a public nuisance that can be pursued using chapter 823’s remedies.
Full Text of Section 823.215
Plain-English Summary
Section 823.215 is the waterfront counterpart to section 823.21. It applies to a wharf or pier in navigable waters that has been declared so old, dilapidated, or in need of repair that it is dangerous, unsafe, or unfit for use under section 30.13(5m)(a)2, or where repair has been determined unreasonable under that section. Once either determination exists, the structure is a public nuisance.
As with dilapidated buildings, this section does not create its own safety standard; it adopts the determination already made under section 30.13(5m)(a)2 and attaches chapter 823’s nuisance remedies to it, so a structure already flagged as dangerous does not need a separate nuisance proceeding to establish that same condition again.
Frequently Asked Questions
What makes a wharf or pier a public nuisance under this section?
A wharf or pier in navigable waters declared so old, dilapidated, or in need of repair that it is dangerous, unsafe, or unfit for use under section 30.13(5m)(a)2, or one where repair is determined unreasonable under that section.
Does a separate determination have to happen before this section applies?
Yes. It relies on a declaration or determination already made under section 30.13(5m)(a)2.
What can be done once a wharf or pier qualifies as a nuisance under this section?
It may be proceeded against under chapter 823, the same as any other public nuisance covered by the chapter.
Is there a comparable rule for dilapidated buildings on land?
Yes. Section 823.21 declares dangerously dilapidated buildings a public nuisance in the same way, based on a determination under section 66.0413(1)(b)1.
Does this section apply to structures outside navigable waters?
No. It is limited to a wharf or pier in navigable waters.
Amendment History
History: 1981 c. 252; 1999 a. 150 ss. 666, 672; 2001 a. 30 s. 108.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: wisconsin dilapidated pier nuisanceunsafe wharf declared nuisance wisconsinnavigable waters structure nuisance chapter 823dock unfit for use nuisance wisconsin