152,8
Section 8
. 30.77 (3) (am) 4. of the statutes is repealed and recreated to read:
30.77 (3) (am) 4. If a town, village or city proposes to rescind a resolution that it adopted under subd. 1., and if the recision will result in less than 50% of the towns, villages or cities with jurisdiction over the lake still having in effect resolutions adopted under subd. 1. or will result in less than 60% of the footage of shoreline of the lake being within the boundaries of the towns, villages and cities with resolutions still in effect, the town, village or city proposing to rescind the resolution shall hold a hearing on the recision at least 30 days before the recision will take effect and shall give notice as required under par. (aw) 2. If, after holding the hearing, the town, village or city rescinds the resolution that it adopted under subd. 1., the lake district ordinances are void.
152,9
Section 9
. 30.77 (3) (ar) of the statutes is created to read:
30.77 (3) (ar) In determining footage of shoreline for purposes of pars. (ac), (ae) and (am), towns, villages, cities and lake districts shall measure by use of a map wheel on the U.S. geological survey 7 1/2 minute series map.
152,10
Section 10
. 30.77 (3) (aw) of the statutes is created to read:
30.77 (3) (aw) 1. If one or more towns, villages or cities propose to enact an ordinance for an inland lake under par. (ac) 2. or a lake district proposes to enact an ordinance for an inland lake under par. (am) 1. b., it shall hold a public hearing on the proposed ordinance at least 30 days before its enactment.
2. The town, village or city that has the most footage of shoreline of the lake within its boundaries and that is supporting the proposal shall publish a notice of the public hearing under subd. 1. or par. (ae) or (am) 4. at least 30 days before the date of the hearing in one or more newspapers likely to give notice of the hearing in all towns, villages or cities that have jurisdiction over the lake. The notice shall be a class 1 notice under ch. 985. The town, village or city publishing the notice shall send a copy of the notice at least 30 days before the date of the hearing to the department, each municipality having jurisdiction over the lake and each lake association for the lake.
152,11
Section 11
. 30.77 (3) (b) of the statutes is amended to read:
30.77 (3) (b) Any county may, in the interest of public health, safety or welfare, including the public's interest in preserving the state's natural resources, enact an ordinance applicable on any river or stream within its jurisdiction if the ordinance is not contrary to or inconsistent with this chapter, and if the ordinance relates to the equipment, use or operation of boats or to any activity regulated by ss. 30.60 to 30.71. If a county enacts an ordinance under this paragraph, the county ordinance supersedes all provisions of a town, village or city ordinance enacted under par. (a) that is inconsistent with the county ordinance.
152,12
Section 12
. 30.77 (3) (cm) of the statutes is created to read:
30.77 (3) (cm) In enacting ordinances under par. (a), (am) or (b) for a given body of water, municipalities and public inland lake protection and rehabilitation districts shall take into account factors that include all of the following:
1. The type, size, shape and depth of the body of water and any features of special environmental significance that the body of water has.
2. The amount, type and speed of boating traffic on the body of water and boating safety and congestion.
3. The degree to which the boating traffic on the body of water affects other recreational uses and the public's health, safety and welfare, including the public's interest in preserving the state's natural resources.
152,13
Section 13
. 30.77 (3) (cr) of the statutes is created to read:
30.77 (3) (cr) The types of ordinances that may be enacted under par. (a), (am) or (b) include the following:
1. Restrictions on speed.
2. Restrictions on certain types of boating activities on all, or in specified parts, of the lake, river or stream.
3. Restrictions on certain types of boating activities during specified hours of the day or specified days of the week.
152,14
Section 14
. 30.77 (3) (d) of the statutes is amended to read:
30.77 (3) (d) Ordinances pertaining to the equipment, use or operation of boats on inland lakes shall be subject to advisory review by the department as provided under this paragraph. Proposed ordinances subject to review under this paragraph shall be submitted by the local town, village or city clerk or by a public inland lake protection and rehabilitation district to the department at least 60 days prior to final action thereon by the town, village or city governing body. Advisory reports regarding town, village or city or lake district ordinances that regulate the equipment, use or operation of boats on inland lakes shall be based on consideration of the effect of the ordinance on the state from the standpoint of uniformity and enforcement and the effect of the ordinance on an affected town, village, city or lake district in view of pertinent local conditions. Advisory reports shall state in what regard such ordinances are considered consistent or inconsistent with this chapter as to public health, safety or welfare, including the public's interest in preserving the state's natural resources, and shall be accompanied by suggested changes, if any. No later than 20 days after receipt by the department of proposed ordinances, the department shall advise the town, village, city or lake district in writing as to the results of its advisory review under this paragraph. The department shall address the results sent to a town, village or city to its clerk.
152,14m
Section 14m. 30.77 (3) (dm) of the statutes is created to read:
30.77 (3) (dm) 1. In this paragraph, “local entity" means a city, village, town, county, qualified lake association, as defined in s. 144.253 (1), nonprofit conservation organization, as defined in s. 23.0955 (1), town sanitary district, public inland lake protection and rehabilitation district or another local governmental unit, as defined in s. 66.299 (1) (a), that is established for the purpose of lake management.
2. If the department or a local entity objects to an ordinance enacted under par. (a), (ac) 2. or (am) 1. b., on the grounds that all or a portion of the ordinance is contrary to or inconsistent with this chapter, all of the following apply:
a. Upon receipt of an objection under this subdivision, the department shall order a hearing on the objection under ch. 227. The hearing shall be a contested case hearing, and the administrator of the division of hearings and appeals in the department of administration shall assign a hearing examiner to the hearing as provided in s. 227.43. Persons who are not parties to the contested case may present testimony and evidence at the hearing.
b. The hearing examiner shall issue an order on the objection within 90 days after the date on which the hearing is ordered under subd. 2. a. If the hearing examiner determines that the ordinance or the portion of the ordinance is contrary to or inconsistent with this chapter, the hearing examiner shall issue an order declaring the ordinance or that portion of the ordinance void. The order shall prohibit the enforcement of all or any portion of the ordinance declared to be void.
3. The procedure under this paragraph does not supersede any other legal right or procedure that a person has to contest an ordinance enacted under this section.
152,15
Section 15
. 30.77 (4) of the statutes is amended to read:
30.77 (4) Publicizing ordinances. All ordinances enacted under sub. (3) shall be prominently posted by the local authority which enacted them and, for ordinances enacted under sub. (3) (ac) 2., by all local authorities having jurisdiction over the lake, at all public access points within the local authority's jurisdiction and also shall be filed with the department.
