Rules promulgated by DNR require that DNR approve and issue permits
authorizing the placement in navigable waters of navigational aids or markers such
as buoys, beacons and speed zone markers. Under the bill, DNR may not prohibit
the placement of such a navigational aid or marker if it is being placed to enforce a
local boating ordinance that has been validly enacted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB252, s. 1 1Section 1. 30.74 (2) of the statutes is amended to read:
SB252,3,112 30.74 (2) (a) By rule establish uniform marking of the water areas of this state
3through the placement of aids to navigation and regulatory markers. Such These
4rules shall establish a marking system compatible with the system of aids to

1navigation prescribed by the U.S. coast guard and shall give due regard to the system
2of uniform waterway markers approved by the advisory panel of state officials to the
3merchant marine council, U.S. coast guard. After January 1, 1968, no No
4municipality or person shall may mark the waters of this state in any manner in
5conflict with the marking system prescribed by the department. Any regulatory
6marker which or aid to navigation that does not comply with such this marking
7system by January 1, 1968, is deemed considered an unlawful obstruction to
8navigable waters and may be removed in accordance with law. The department may
9not prohibit the placement of a regulatory marker or an aid to navigation if it
10complies with this marking system and if it is being placed pursuant to an ordinance
11that has been enacted in compliance with s. 30.77.
SB252, s. 2 12Section 2. 30.77 (3) (a) of the statutes is amended to read:
SB252,3,1813 30.77 (3) (a) Any town, village or city may, in the interest of public health, safety
14or welfare, including the public's interest in preserving the state's natural and scenic
15resources,
enact ordinances applicable on any waters of this state within its
16jurisdiction if the ordinances are not contrary to or inconsistent with this chapter and
17if the ordinances relate to the equipment, use or operation of boats or to any activity
18regulated by ss. 30.60 to 30.71.
SB252,3,21 19(ac) Except as provided under s. 33.455 (3) (b), no such ordinance that pertains
20to the equipment, use or operation of a boat on an inland lake is valid unless all one
21of the following occurs:
SB252,3,23 221. All towns, cities and villages and cities having jurisdiction on over the waters
23of the
lake have enacted an identical ordinance.
SB252, s. 3 24Section 3. 30.77 (3) (ac) 2. of the statutes is created to read:
SB252,4,3
130.77 (3) (ac) 2. At least 50% of the towns, villages and cities having jurisdiction
2over the lake have enacted an identical ordinance and at least 60% of the footage of
3shoreline of the lake is within the boundaries of these towns, villages and cities.
SB252, s. 4 4Section 4. 30.77 (3) (ae) of the statutes is created to read:
SB252,4,145 30.77 (3) (ae) If a town, village or city proposes to amend or repeal an ordinance
6that it enacted under par. (ac), and if the amendment or repeal will result in less than
750% of the towns, villages or cities with jurisdiction over the lake still having in effect
8the current ordinance or if the amendment or repeal will result in less than 60% of
9the footage of shoreline of the lake being within the boundaries of the towns, villages
10and cities with the current ordinance still in effect, the town, village or city proposing
11the amendment or repeal shall hold a hearing on the issue at least 30 days before the
12amendment or repeal will take effect and shall give notice as required under par. (aw)
132. If, after holding the hearing, the town, village or city amends or repeals the
14ordinance that it enacted under par. (ac), all of the identical ordinances are void.
SB252, s. 5 15Section 5. 30.77 (3) (am) 1. of the statutes is amended to read:
SB252,4,1916 30.77 (3) (am) 1. A public inland lake protection and rehabilitation district may,
17in the interest of public health, safety or welfare, including the public's interest in
18preserving the state's natural and scenic resources,
enact and enforce ordinances
19applicable to a lake entirely within its boundaries if each one of the following occurs:
SB252,4,21 20a. Each town, village and city having jurisdiction on over the lake adopts a
21resolution authorizing the lake district to do so.
SB252, s. 6 22Section 6. 30.77 (3) (am) 1. b. of the statutes is created to read:
SB252,5,223 30.77 (3) (am) 1. b. At least 50% of the towns, villages and cities having
24jurisdiction over the lake adopt resolutions authorizing the lake district to enact and

1enforce ordinances, and at least 60% of the footage of shoreline of the lake is within
2the boundaries of these towns, villages and cities.
SB252, s. 7 3Section 7. 30.77 (3) (am) 2. of the statutes is amended to read:
SB252,5,64 30.77 (3) (am) 2. An ordinance enacted under subd. 1. must may not be contrary
5to or inconsistent with this chapter and must shall relate to the equipment, use or
6operation of boats or to an activity regulated by ss. 30.60 to 30.71.
SB252, s. 8 7Section 8. 30.77 (3) (am) 4. of the statutes is repealed and recreated to read:
SB252,5,178 30.77 (3) (am) 4. If a town, village or city proposes to rescind a resolution that
9it adopted under subd. 1., and if the recision will result in less than 50% of the towns,
10villages or cities with jurisdiction over the lake still having in effect resolutions
11adopted under subd. 1. or will result in less than 60% of the footage of shoreline of
12the lake being within the boundaries of the towns, villages and cities with resolutions
13still in effect, the town, village or city proposing to rescind the resolution shall hold
14a hearing on the recision at least 30 days before the recision will take effect and shall
15give notice as required under par. (aw) 2. If, after holding the hearing, the town,
16village or city rescinds the resolution that it adopted under subd. 1., the lake district
17ordinances are void.
SB252, s. 9 18Section 9. 30.77 (3) (ar) of the statutes is created to read:
SB252,5,2119 30.77 (3) (ar) In determining footage of shoreline for purposes of pars. (ac), (ae)
20and (am), towns, villages, cities and lake districts shall measure by use of a map
21wheel on the U.S. geological survey 7 1/2 minute series map.
SB252, s. 10 22Section 10. 30.77 (3) (aw) of the statutes is created to read:
SB252,6,223 30.77 (3) (aw) 1. If one or more towns, villages or cities propose to enact an
24ordinance for an inland lake under par. (ac) 2. or a lake district proposes to enact an

1ordinance for an inland lake under par. (am) 1. b., it shall hold a public hearing on
2the proposed ordinance at least 30 days before its enactment.
SB252,6,113 2. The town, village or city that has the most footage of shoreline of the lake
4within its boundaries and that is supporting the proposal shall publish a notice of the
5public hearing under subd. 1. or par. (ae) or (am) 4. at least 30 days before the date
6of the hearing in one or more newspapers likely to give notice of the hearing in all
7towns, villages or cities that have jurisdiction over the lake. The notice shall be a
8class 1 notice under ch. 985. The town, village or city publishing the notice shall send
9a copy of the notice at least 30 days before the date of the hearing to the department,
10each municipality having jurisdiction over the lake and each lake association for the
11lake.
SB252, s. 11 12Section 11. 30.77 (3) (b) of the statutes is amended to read:
SB252,6,2013 30.77 (3) (b) Any county may, in the interest of public health, safety or welfare,
14including the public's interest in preserving the state's natural and scenic resources,
15enact an ordinance applicable on any river or stream within its jurisdiction if the
16ordinance is not contrary to or inconsistent with this chapter, and if the ordinance
17relates to the equipment, use or operation of boats or to any activity regulated by ss.
1830.60 to 30.71. If a county enacts an ordinance under this paragraph, the county
19ordinance supersedes all provisions of a town, village or city ordinance enacted under
20par. (a) that is inconsistent with the county ordinance.
SB252, s. 12 21Section 12. 30.77 (3) (cm) of the statutes is created to read:
SB252,6,2422 30.77 (3) (cm) In enacting ordinances under par. (a), (am) or (b) for a given body
23of water, municipalities and public inland lake protection and rehabilitation districts
24shall take into account factors that include all of the following:
SB252,7,2
11. The type, size, shape and depth of the body of water and any features of
2special environmental significance that the body of water has.
SB252,7,43 2. The amount, type and speed of boating traffic on the body of water and
4boating safety and congestion.
SB252,7,75 3. The degree to which the boating traffic on the body of water affects other
6recreational uses and the public's health, safety and welfare, including the public's
7interest in preserving the state's natural and scenic resources.
SB252, s. 13 8Section 13. 30.77 (3) (cr) of the statutes is created to read:
SB252,7,109 30.77 (3) (cr) The types of ordinances that may be enacted under par. (a), (am)
10or (b) include the following:
SB252,7,1111 1. Restrictions on speed.
SB252,7,1312 2. Restrictions on certain types of boating activities on all, or in specified parts,
13of the lake, river or stream.
SB252,7,1514 3. Restrictions on certain types of boating activities during specified hours of
15the day or specified days of the week.
SB252, s. 14 16Section 14. 30.77 (3) (d) of the statutes is amended to read:
SB252,8,917 30.77 (3) (d) Ordinances pertaining to the equipment, use or operation of boats
18on inland lakes shall be subject to advisory review by the department as provided
19under this paragraph. Proposed ordinances subject to review under this paragraph
20shall be submitted by the local town, village or city clerk or by a public inland lake
21protection and rehabilitation district to the department at least 60 days prior to final
22action thereon by the town, village or city governing body. Advisory reports
23regarding town, village or city or lake district ordinances that regulate the
24equipment, use or operation of boats on inland lakes shall be based on consideration
25of the effect of the ordinance on the state from the standpoint of uniformity and

1enforcement and the effect of the ordinance on an affected town, village, city or lake
2district in view of pertinent local conditions. Advisory reports shall state in what
3regard such ordinances are considered consistent or inconsistent with this chapter
4as to public health, safety or welfare, including the public's interest in preserving the
5state's natural and scenic resources,
and shall be accompanied by suggested changes,
6if any. No later than 20 days after receipt by the department of proposed ordinances,
7the department shall advise the town, village, city or lake district in writing as to the
8results of its advisory review under this paragraph. The department shall address
9the results sent to a town, village or city to its clerk.
SB252, s. 15 10Section 15. 30.77 (4) of the statutes is amended to read:
SB252,8,1511 30.77 (4) Publicizing ordinances. All ordinances enacted under sub. (3) shall
12be prominently posted by the local authority which enacted them and, for ordinances
13enacted under sub. (3) (ac) 2., by all local authorities having jurisdiction over the
14lake,
at all public access points within the local authority's jurisdiction and also shall
15be filed with the department.
SB252,8,1616 (End)
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