Background
Martin J. Murphy bought property located several hundred feet from Geneva Lake. His deed included a perpetual, exclusive easement to a 40-by-50-foot lakefront parcel, including “Riparian Rights Appurtenant thereto,” but Murphy did not own or hold title to that lakefront land.
The prior owners had applied to expand a pier adjoining the easement, and Murphy assumed the application after purchasing the property. The Wisconsin Department of Natural Resources dismissed it, concluding that Murphy was not a riparian owner eligible to seek a permit under Wis. Stat. § 30.12. The Walworth County Circuit Court upheld that decision.
The Court’s Holding
The Wisconsin Court of Appeals affirmed. Section 30.12 limits applications for a permit to expand a pier to a “riparian owner,” and Wisconsin law defines a riparian owner as one holding title to land abutting the water.
Murphy’s exclusive easement conveyed rights of use, not title to the lakefront parcel. Under Wisconsin precedent, riparian rights may be conveyed by easement, but riparian ownership cannot be. The DNR therefore correctly dismissed his application. The court also held that dismissal was consistent with the State’s public-trust responsibilities and the DNR’s delegated water-management authority.
Key Takeaways
- An easement granting riparian rights does not make its holder a riparian owner.
- Only a person holding title to land abutting the water may apply for a pier-expansion permit under Wis. Stat. § 30.12.
- The DNR may dismiss a permit application that the statute does not authorize the applicant to make.
Why It Matters
The decision draws a firm statutory line between lake-access or riparian-use rights and ownership of waterfront land. Parties relying on easements to reach navigable water cannot assume that those rights include authority to seek permits for new or expanded piers.