33.18   Use of tax incremental financing prohibited.
SUBCHAPTER IV
PUBLIC INLAND LAKE PROTECTION AND REHABILITATION DISTRICTS
33.21   Public inland lake protection and rehabilitation districts; purposes.
33.22   District; powers.
33.23   Municipalities may establish district.
33.235   Restructured districts; conversion and merger of town sanitary districts.
33.24   County board may establish district.
33.25   Petition.
33.26   Hearings, time, notice, boundaries, approval, limitations.
33.265   Notice, filing and recording requirements.
33.27   Initial district board of commissioners.
33.28   District board of commissioners.
33.285   Property owning requirements.
33.29   Board of commissioners; officers; powers and duties.
33.30   Annual meeting of district.
33.305   Special meetings of district.
33.31   Power to finance.
33.32   Special assessments and special charges.
33.33   Merger, attachment, detachment.
33.35   Dissolution of districts.
33.36   Alteration of districts.
33.37   Districts in more than one county.
SUBCHAPTER V
DANE COUNTY LAKES AND WATERSHED COMMISSION
33.41   Definitions.
33.42   Creation.
33.44   Board of commissioners; composition.
33.445   Board of commissioners; duties.
33.45   Board of commissioners; powers.
33.455   Regulation proposed by board of commissioners.
33.457   Implementation plan.
33.46   Budget proposals.
33.47   Special assessments and special charges.
33.475   Boating fees.
33.48   Continued expenditure level by county and municipalities.
SUBCHAPTER VI
SOUTHEASTERN WISCONSIN
FOX RIVER COMMISSION
33.53   Definitions.
33.54   Creation, funding.
33.55   Board of commissioners; composition.
33.56   Board of commissioners; duties.
33.57   Board of commissioners; powers.
33.58   Regulation proposed by board of commissioners.
33.59   Implementation plan.
33.60   Budget proposals.
Ch. 33 Cross-reference Cross-reference: See also ch. NR 60, Wis. adm. code.
subch. I of ch. 33 SUBCHAPTER I
INTENT; DEFINITIONS; AND DEPARTMENTAL POWERS
33.001 33.001 Findings and declaration of intent.
33.001(1)(1)The legislature finds environmental values, wildlife, public rights in navigable waters, and the public welfare are threatened by the deterioration of public lakes; that the protection and rehabilitation of the public inland lakes of this state are in the best interest of the citizens of this state; that the public health and welfare will be benefited thereby; that the current state effort to abate water pollution will not undo the eutrophic and other deteriorated conditions of many lakes; that current efforts to protect and rehabilitate the water quality of the navigable waters in Dane County, which receive intense urban, recreational and agricultural usage, are seriously handicapped by the fact that numerous governmental bodies have jurisdiction over the management of the watersheds in Dane County; that lakes form an important basis of the state's recreation industry; that the increasing recreational usage of the waters of this state justifies state action to enhance and restore the potential of our inland lakes to satisfy the needs of the citizenry; and that the positive public duty of this state as trustee of waters requires affirmative steps to protect and enhance this resource and protect environmental values.
33.001(2) (2)In accordance with sub. (1), the legislature declares all the following:
33.001(2)(a) (a) It is necessary to embark upon a program of lake protection and rehabilitation, to authorize a conjunctive state and local program of lake protection and rehabilitation to fulfill the positive duty of the state as trustee of navigable waters, and protect environmental values.
33.001(2)(b) (b) A state effort of research, analysis, planning and financing, and a local effort undertaken by districts, the Dane County Lakes and Watershed Commission and the Southeastern Wisconsin Fox River Commission of Planning and Plan Implementation are necessary and desirable and that the districts should be formed by persons directly affected by the deteriorated condition of inland waters and willing to assist financially, or through other means, in remedying lake problems.
33.001(2)(c) (c) State efforts are needed to aid and assist local efforts, to ensure that projects are undertaken only if they promote the public rights in navigable waters, environmental values and the public welfare.
33.001(2)(d) (d) State efforts are needed to administer a program of financial aids to support protection and rehabilitation projects with benefits to all state citizens.
33.01 33.01 Definitions. In ss. 33.001 to 33.37:
33.01(1c) (1c)“Capital costs" means the cost of acquiring equipment and other capital assets, including sewerage system capital costs, for a program undertaken under ss. 33.001 to 33.37.
33.01(1g) (1g)“Costs of operation" means all costs of a program undertaken under ss. 33.001 to 33.37, except capital costs.
33.01(2) (2)“Department" means the department of natural resources.
33.01(3) (3)“District" means a public inland lake protection and rehabilitation district.
33.01(4) (4)“Lake rehabilitation" means the improvement or restoration of lakes from an undesirable or degraded condition to a former, less deteriorated condition or to a condition of greater usefulness.
33.01(5) (5)“Municipality" means any city, village or town.
33.01(6) (6)“Program" means measures to effect lake protection and rehabilitation, including surveys of sources of degradation, treatment of aquatic nuisances, securing cooperation of units of general purpose government to enact necessary ordinances, undertaking of projects as defined in sub. (7) and any other necessary measures.
33.01(7) (7)“Project" means activities or works such as are described in s. 33.15 (4) which are subject to the procedures of subch. III.
33.01(8) (8)“Public inland lake" or “lake" means a lake, reservoir or flowage within the boundaries of the state that is accessible to the public via contiguous public lands or easements giving public access. “Lake" also includes any lake, reservoir or flowage within the boundaries of the state that is under the jurisdiction of a restructured district.
33.01(9) (9)“Owner", “property owner" or “landowner" means:
33.01(9)(a) (a) For the purpose of receiving notice under this chapter, a person whose name appears as an owner of real property on the tax roll under s. 70.65 (2) (a) that was delivered under s. 74.03 on or before the 3rd Monday in December of the previous year.
33.01(9)(am) (am) For the purpose of petitioning under this chapter, any of the following:
33.01(9)(am)1. 1. A person whose name appears as an owner of real property on the tax roll under s. 70.65 (2) (a) that was delivered under s. 74.03 on or before the 3rd Monday in December of the previous year.
33.01(9)(am)2. 2. The spouse of a person whose name appears as an owner of real property on the tax roll under s. 70.65 (2) (a) that was delivered under s. 74.03 on or before the 3rd Monday in December of the previous year if the spouse is referred to on that tax roll.
33.01(9)(ar) (ar) For the purpose of voting at meetings of the district, a person who is a U.S. citizen and 18 years of age or older and who meets any of the following requirements:
33.01(9)(ar)1. 1. The person's name appears as an owner of real property on the tax roll under s. 70.65 (2) (a) that was delivered under s. 74.03 on or before the 3rd Monday in December of the previous year.
33.01(9)(ar)2. 2. The person owns title to real property but the person's name does not appear as an owner of real property on the tax roll specified in subd. 1.
33.01(9)(ar)3. 3. The person is the official representative, officer or employee who is authorized to vote on behalf of a trust, foundation, corporation, association or organization that owns real property in the district.
33.01(9)(b) (b) For the purpose of holding office in the district, a person who is a U.S. citizen and 18 years of age or older and either:
33.01(9)(b)1. 1. Whose name appears as an owner of real property on the tax roll under s. 70.65 (2) (a) that was delivered under s. 74.03 on or before the 3rd Monday in December of the previous year; or
33.01(9)(b)2. 2. Who owns title to real property but whose name does not appear as an owner of real property on the tax roll specified in subd. 1.
33.01(9g) (9g)“Restructured district" means a district for a lake that results from a conversion under s. 33.235 (1m), a formation under s. 33.235 (2) or a merger under s. 33.235 (3).
33.01(9m) (9m)“Sewerage system capital costs" has the meaning given for capital costs in s. 200.21 (1).
33.01(10) (10)“Valuation" or “equalized full value" means the assessed value of the property adjusted to reflect full value as determined by the department of revenue under s. 70.57.
33.02 33.02 Department; powers and duties.
33.02(1)(1)Rules.
33.02(1)(a)(a) Generally. The department shall promulgate rules necessary to administer this chapter.
33.02(1)(b) (b) Financial aids. These rules shall provide for the administration of financial aids to districts and shall prescribe data to be secured, methods of analysis and evaluation, duration of data gathering and other technical regulations for the efficient administration of the program and efficient intergovernmental organization.
33.02(1)(c) (c) Priorities for funding levels. These rules shall establish priorities for different methods utilized in implementing lake protection and for lake rehabilitation based on cost-effectiveness and factors considered under s. 33.16 (4) especially s. 33.16 (4) (f).
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2021-22 Wisconsin Statutes updated through 2023 Wis. Act 125 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on April 18, 2024. Published and certified under s. 35.18. Changes effective after April 18, 2024, are designated by NOTES. (Published 4-18-24)