What is the Public Trust Doctrine?
The Wisconsin Public Trust Doctrine is a legal principle that holds that certain natural resources, particularly bodies of water, are held in trust by the state for the benefit of all its citizens. The Public Trust Doctrine applies to all navigable waters, which are defined as any waterway on which it is possible to float a canoe or small watercraft at some time during the year. Under this doctrine, the state has a duty to protect and preserve these resources for public use, including:
Transportation and navigation on waterways;
Protection of water quality and aquatic habitat;
Recreational activities, including boating, fishing, hunting and swimming in waterways; and,
Enjoyment of scenic beauty while on the water.
The doctrine is based on the idea that certain natural resources—like lakes, rivers, and streams—belong to the public and should be preserved for the common good. In Wisconsin, this principle has deep historical roots, dating back to the state’s founding through current case law. In other words, there is no one document for the Public Trust Doctrine; rather, it is a collection of documents that evolves with time.
The state and the DNR protect these rights through permitting requirements for water projects and enforcement actions to stop unauthorized impacts. Also, local zoning ordinances that limit development along navigable waterways help to ensure near-shore development does not result in unintended impacts that interfere with public rights.
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