(1) Except as provided in sub. (2), a person is immune from civil liability for damage or injury caused by placing, or failing to place, buoys or other markers in a waterway if all of the following apply:
(a) The person holds, or acts under the direction of a person who holds, a permit or other approval from the department of natural resources that authorizes the placement of the buoys or markers in the waterway.
(b) The permit or other approval described under par.
(a) authorizes placement of buoys or markers for the purpose of identifying or marking hazards in the waterway.
(2) A person is not immune from civil liability under sub.
(1) for damage or injury caused by placing, or failing to place, buoys or other markers in a waterway if the person intentionally causes the damage or injury.