Petition for Improved Public Access via Dredging of the Lower Nashotah / Upper Nemahbin Channel

To: Members of the Wisconsin State Legislature and the Wisconsin Department of Natural Resources (DNR)

Picture a perfect Wisconsin summer: families fishing, kids splashing, friends kayaking across open water. Lower Nashotah Lake has long been that shared joy for all of us—a public treasure open to everyone.  

But the channel linking to Upper Nemahbin Lake is now choked with sediment—sometimes only 2 inches deep—cutting off boaters, anglers, and swimmers who don't have lakefront property.

 This isn't just silt—it's an unfair barrier to our public waters. 

We, the undersigned Wisconsin residents, petition the Legislature and DNR to dredge and maintain the channel so every citizen can enjoy Lower Nashotah Lake again.

Background and Statement of Concern

Lower Nashotah Lake—93 acres of clear water, great fishing, and serene beauty—should welcome every Wisconsin family. Yet the vital channel has filled with sediment, making it impassable for most boats and cutting off reasonable public access as required by the Wisconsin Public Trust Doctrine.   

This hurts everyday residents most: non-waterfront families teaching kids to fish, seniors seeking peaceful outings, visitors wanting affordable recreation. Simple pleasures—floating, reeling in a catch, exploring the lake—are being denied by neglect. It's time to restore what belongs to all of us.

Reasons for Action

We believe the State should act because:

1. Wisconsin law recognizes all navigable lakes as public waters and grants the public equal rights to use and navigate those waters.
   Under Wis. Stat. § 30.10, “all lakes … which are navigable in fact are declared to be navigable and public waters, and all persons have the same rights therein and thereto as they have in and to any other navigable or public waters.”
2. The public trust doctrine, embedded in Wisconsin practice and the Wisconsin Constitution, establishes that navigable waters are held in trust for public use.
   The Wisconsin Department of Natural Resources explains that navigable waters are common highways “forever free” for transportation, navigation, and recreational uses, and the state is charged with protecting these public rights.
3. State policy supports the acquisition, development, maintenance, and improvement of public boating access.  Wisconsin Administrative Code NR 1.91 and related sections set standards for public boating access and waterway use, encouraging improved access and public boating facilities.
4. Dredging to restore navigability is consistent with state authority over navigable waters.
   Wis. Stat. § 30.19 governs enlargement and protection of waterways and requires permits for construction and dredging that affects navigable waters. This statutory framework allows for projects that improve public use, subject to proper permitting and environmental review.   

We Therefore Petition That the State of Wisconsin:

1. Authorize and prioritize dredging of the Lower Nashotah / Upper Nemahbin channel to restore a navigable connection to Lower Nashotah Lake that is reasonably safe and usable by all Wisconsin residents.
2. Direct the Wisconsin DNR to work with local governments and affected stakeholders to develop a plan that ensures long-term maintenance of the channel, including dredging, sediment management, and permitting consistent with state law.
3. Ensure that any permitting under Wis. Stat. § 30.19 for dredging and waterway improvements includes public access commitments in accordance with the public trust doctrine and public boating access standards (NR 1.91 et seq.).
4. Allocate appropriate funding or facilitate grant opportunities (including under programs administered by the DNR) to support access improvements that benefit the broader public.
5. Affirm that the navigability and public rights in Lower Nashotah Lake are maintained as a public resource consistent with Wis. Stat. § 30.10 and related law.