LRB-3218/2
RNK:jlg&kmg:jf
1999 - 2000 LEGISLATURE
August 19, 1999 - Introduced by
Joint committee for review of Administrative
Rules. Referred to Committee on Natural Resources.
AB429,1,5
1An Act to repeal 30.135 (1) (title), 30.135 (1) (a) 3., 30.135 (1) (b), 30.135 (2) and
2(3) and 30.135 (4);
to renumber 30.135 (1) (a) (intro.);
to renumber and
3amend 30.135 (1) (a) 1. and 30.135 (1) (a) 2.;
to amend 30.135 (title); and
to
4create 30.135 (3m) of the statutes;
relating to: the placement of water ski
5platforms and jumps.
Analysis by the Legislative Reference Bureau
Under current law, with certain exceptions, a riparian proprietor, which is a
person who owns waterfront property, must obtain a special permit from the
department of natural resources (DNR) in order to place a water ski platform or
water ski jump in a navigable waterway. The proprietor need not obtain a permit if
the platform or jump does not interfere with public rights in navigable waters, does
not interfere with the rights of other riparian proprietors and is located at a site that
ensures adequate water depth and clearance for safe water skiing.
This bill changes the conditions under which a riparian proprietor may place
a water ski platform or water ski jump in a navigable waterway. Under the bill, the
riparian proprietor may place a water ski platform or jump in a navigable waterway
without obtaining a permit if the platform or jump is used to prepare for or present
a water ski tournament, competition or exhibition, if the placement of the platform
or jump is regulated by a local ordinance and if the placement of the platform or jump
is consistent with the public trust in navigable waters that is established under the
Wisconsin Constitution. The bill also eliminates the procedure under which a
riparian proprietor may obtain a special permit to place any other water ski platform
or jump in a navigable waterway.
This bill is introduced as required by s. 227.26 (2) (f), stats, in support of the
action of the joint committee for review of administrative rules in suspending ch. NR
328, Wis. Adm. Code, an emergency rule of DNR on July 9, 1999. The suspended rule
specified the conditions under which a permit for the placement of a water ski
platform or jump is required, the notice requirements regarding permit applications,
and the manner in which a person may object to or complain about a water ski
platform or jump. The rule also specified the manner in which DNR must proceed
upon notice of the modification of a water ski platform or jump and the manner in
which DNR may pursue enforcement of the violation of the statutes or
administrative rules relating to the placement of water ski platforms and jumps.
For further information see the state 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:
AB429, s. 1
1Section
1. 30.135 (title) of the statutes is amended to read:
AB429,2,3
230.135 (title)
Regulation of
Requirements for placing water ski
3platforms and jumps.
AB429, s. 2
4Section
2. 30.135 (1) (title) of the statutes is repealed.
AB429, s. 3
5Section
3. 30.135 (1) (a) (intro.) of the statutes is renumbered 30.135 (intro.).
AB429, s. 4
6Section
4. 30.135 (1) (a) 1. of the statutes is renumbered 30.135 (1) and
7amended to read:
AB429,2,108
30.135
(1) The platform or jump
does not interfere with public rights in
9navigable waters is used to prepare for or present a water ski tournament,
10competition or exhibition.
AB429, s. 5
11Section
5. 30.135 (1) (a) 2. of the statutes is renumbered 30.135 (2m) and
12amended to read:
AB429,3,3
130.135
(2m) The
placement of the platform or jump
does not interfere with
2rights of other riparian proprietors is regulated by a local ordinance enacted under
3s. 30.77 (3).
AB429, s. 6
4Section
6. 30.135 (1) (a) 3. of the statutes is repealed.
AB429, s. 7
5Section
7. 30.135 (1) (b) of the statutes is repealed.
AB429, s. 8
6Section
8. 30.135 (2) and (3) of the statutes are repealed.
AB429, s. 9
7Section
9. 30.135 (3m) of the statutes is created to read:
AB429,3,108
30.135
(3m) The placement of the platform or jump is consistent with the
9public trust in navigable waters that is established under article IX, section 1, of the
10constitution.
AB429, s. 10
11Section
10. 30.135 (4) of the statutes is repealed.
