Marcus owns a lakefront property in Wisconsin and has operated a small pier for 15 years without a DNR permit. He is now selling the property and discloses this to the buyer, Lisa. Lisa's attorney warns her that the unpermitted pier creates a legal risk. Which of the following BEST describes the legal exposure associated with an unpermitted pier under Wisconsin law?
Correct Answer
A) The Wisconsin DNR may order removal of the unpermitted pier or require the owner to obtain a permit, and the new owner could be held responsible after closing.
Under Wisconsin's Navigable Waters Protection Law, the Wisconsin DNR has authority to require permits for piers and to order removal of unpermitted structures. There is no automatic grandfathering provision based solely on the length of time a pier has existed without a permit. Critically, DNR enforcement obligations run with the land — meaning a new property owner who purchases a property with an unpermitted pier can be required to bring the structure into compliance or remove it. Lisa's attorney is correct to flag this as a material risk that should be resolved before or at closing.
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Related Topics & Key Terms
Key Terms:
Related Concepts
License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.
Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.
Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.
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