Date of enactment: May 20, 1996
1995 Assembly Bill 1050 Date of publication*: June 3, 1996
* Section 991.11, Wisconsin Statutes 1993-94: Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
1995 WISCONSIN ACT 349
An Act to renumber and amend 30.77 (3) (ar), 33.235 (1) and 33.24; to amend 23.09 (19), 23.094 (1), 30.275 (4) (d), 30.77 (1) (intro.), 30.77 (3) (am) 2., 30.77 (3) (am) 4., 30.77 (3) (aw) 1., 30.77 (3) (d), 30.77 (3) (e) 1. (intro.), 30.77 (3) (e) 1. b., 30.77 (3) (e) 1. c., 30.79 (1) (a), 30.79 (1) (b) 2., 30.92 (1) (b), 33.001 (2) (b), 33.01 (8), 33.14 (3), 33.21, 33.22 (4), 33.23 (1), 33.23 (2), 33.235 (title), 33.235 (2), 33.235 (3), 33.235 (4), 33.25 (1) (a), 33.30 (1), 33.305 (1), 66.119 (1) (a), 66.119 (2) (a), 66.119 (3) (c), 66.119 (3) (d), 66.119 (3) (e), 66.12 (1) (a), 66.12 (1) (b), 66.12 (2), 66.12 (3) (b), 115.375 (2) (a) 2., 165.85 (2) (d), 814.63 (2) and 814.63 (4); and to create 30.50 (4q), 30.77 (3) (am) 1m., 30.77 (3) (am) 3m., 30.77 (3) (am) 3r., 33.01 (9g), 33.235 (1), 33.24 (1), 60.77 (5m), 60.782 and 115.375 (2) (a) 1m. of the statutes; relating to: certain town sanitary districts having the powers of public inland lake protection and rehabilitation districts, authority to enact ordinances by town sanitary districts and conversion of town sanitary districts into public inland lake protection and rehabilitation districts on lakes without contiguous public lands or easements.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
349,1 Section 1. 23.09 (19) of the statutes is amended to read:
23.09 (19) (a) In this subsection, "local governmental unit" means a city, village, town, county, lake sanitary district, as defined in s. 30.50 (4q), or public inland lake protection and rehabilitation district.
349,2 Section 2. 23.094 (1) of the statutes is amended to read:
23.094 (1) Definition. In this section, "political subdivision" means city, village, town, county, lake sanitary district, as defined in s. 30.50 (4q), or public inland lake protection and rehabilitation district.
349,3 Section 3. 30.275 (4) (d) of the statutes is amended to read:
30.275 (4) (d) Provide grants to municipalities, lake sanitary districts, as defined in s. 30.50 (4q), and public inland lake protection and rehabilitation districts to undertake any of the activities under pars. (a) to (c).
349,4 Section 4. 30.50 (4q) of the statutes is created to read:
30.50 (4q) "Lake sanitary district" means a town sanitary district that has within its boundaries at least 60% of the footage of shoreline of a public inland lake, as defined in s. 60.782 (1), for which a public inland lake protection and rehabilitation district is not in effect.
349,5 Section 5. 30.77 (1) (intro.) of the statutes is amended to read:
30.77 (1) Local regulation prohibited; exceptions. (intro.) Sections 30.50 to 30.71 shall be uniform in operation throughout the state. No municipality or , public inland lake protection and rehabilitation district or town sanitary district may:
349,6 Section 6. 30.77 (3) (am) 1m. of the statutes is created to read:
30.77 (3) (am) 1m. A town sanitary district may, in the interest of public health, safety or welfare, including the public's interest in preserving the state's natural resources, enact and enforce ordinances applicable to a lake if at least 60% of the footage of shoreline of the lake is within its boundaries, if no public inland lake protection and rehabilitation district has in effect any ordinances enacted under subd. 1. for the lake and if any one of the following occurs:
a. Each town, village and city having jurisdiction over the lake adopts a resolution authorizing the town sanitary district to do so.
b. At least 50% of the towns, villages and cities having jurisdiction over the lake adopt resolutions authorizing the town sanitary district to enact and enforce ordinances, and at least 60% of the footage of shoreline of the lake is within the boundaries of these towns, villages and cities.
349,7 Section 7. 30.77 (3) (am) 2. of the statutes, as affected by 1995 Wisconsin Act 152, is amended to read:
30.77 (3) (am) 2. An ordinance enacted under subd. 1. or 1m. may not be contrary to or inconsistent with this chapter and shall relate to the equipment, use or operation of boats or to an activity regulated by ss. 30.60 to 30.71.
349,8 Section 8. 30.77 (3) (am) 3m. of the statutes is created to read:
30.77 (3) (am) 3m. If a town sanitary district enacts an ordinance under this paragraph, the town sanitary district ordinance supersedes all conflicting provisions of a town, village or city ordinance enacted under par. (a) that are applicable to the lake.
349,9 Section 9. 30.77 (3) (am) 3r. of the statutes is created to read:
30.77 (3) (am) 3r. If a public inland lake protection and rehabilitation district is created for an inland lake after a town sanitary district has enacted ordinances under subd. 1m. for the lake, any ordinances enacted by the public inland lake protection and rehabilitation district supersede all of the following:
a. Any conflicting provisions of a town, village or city ordinance enacted under par. (a) that are applicable to the lake.
b. Any conflicting provisions of a town sanitary district ordinance enacted under subd. 1m. that are applicable to the lake.
349,10 Section 10. 30.77 (3) (am) 4. of the statutes, as affected by 1995 Wisconsin Act 152, is amended to read:
30.77 (3) (am) 4. If a town, village or city proposes to rescind a resolution that it adopted under subd. 1. or 1m., 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 1m. 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. or 1m., the lake public inland lake protection and rehabilitation district ordinances or the town sanitary district ordinances are void.
349,11 Section 11. 30.77 (3) (ar) of the statutes, as created by 1995 Wisconsin Act 152, is renumbered 30.105 and amended to read:
30.105 (title) Determining footage of shoreline. In determining footage of shoreline for purposes of pars. s. 30.50 (4q), 30.77 (3) (ac), (ae) and (am) and 60.782 (2), towns, villages, cities and lake, public inland lake protection and rehabilitation districts and town sanitary districts shall measure by use of a map wheel on the U.S. geological survey 7 1/2 minute series map.
349,12 Section 12. 30.77 (3) (aw) 1. of the statutes, as created by 1995 Wisconsin Act 152, is amended 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 public inland lake protection and rehabilitation district or town sanitary district proposes to enact an ordinance for an inland lake under par. (am) 1. b. or 1m. b., it shall hold a public hearing on the proposed ordinance at least 30 days before its enactment.
349,13 Section 13. 30.77 (3) (d) of the statutes, as affected by 1995 Wisconsin Act 152, 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 the public inland lake protection and rehabilitation district or town sanitary district to the department at least 60 days prior to final action thereon by the town, village or, city or district governing body. Advisory reports regarding town, village or, city or, lake district or town sanitary 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 or town sanitary 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 or town sanitary 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.
349,14 Section 14. 30.77 (3) (e) 1. (intro.) of the statutes is amended to read:
30.77 (3) (e) 1. (intro.) A municipality or , a public inland lake protection and rehabilitation district or a town sanitary district that has in effect an ordinance under par. (am) may charge boat operators reasonable fees for any of the following:
349,15 Section 15. 30.77 (3) (e) 1. b. of the statutes is amended to read:
30.77 (3) (e) 1. b. The municipality's or lake district's costs for operating or maintaining a water safety patrol unit, as defined in s. 30.79 (1) (b) 2.
349,16 Section 16. 30.77 (3) (e) 1. c. of the statutes is amended to read:
30.77 (3) (e) 1. c. The municipality's or lake district's costs for providing other recreational boating services.
349,17 Section 17. 30.79 (1) (a) of the statutes is amended to read:
30.79 (1) (a) "Local governmental unit" means a municipality or, a public inland lake protection and rehabilitation district or a lake sanitary district.
349,18 Section 18. 30.79 (1) (b) 2. of the statutes is amended to read:
30.79 (1) (b) 2. A unit created by a public inland lake protection and rehabilitation district, by a lake sanitary district or by a number of local governmental units riparian to a single lake, at least one of which is a lake district or a lake sanitary district, for the purposes specified in subd. 1.
349,19 Section 19. 30.92 (1) (b) of the statutes is amended to read:
30.92 (1) (b) "Governmental unit" means the department, a municipality, a town lake sanitary district, a public inland lake protection and rehabilitation district organized under ch. 33, the Milwaukee River revitalization council, the Lower Wisconsin State Riverway board, the Fox River management commission or any other local governmental unit, as defined in s. 66.299 (1) (a), that is established for the purpose of lake management.
349,20 Section 20. 33.001 (2) (b) of the statutes is amended to read:
33.001 (2) (b) A state effort of research, analysis, planning and financing, and a local effort undertaken by public inland lake protection and rehabilitation districts and the Dane county lakes and watershed commission of planning and plan implementation are necessary and desirable and that the local 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.
349,21 Section 21. 33.01 (8) of the statutes is amended to read:
33.01 (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.
349,22 Section 22. 33.01 (9g) of the statutes is created to read:
33.01 (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).
349,23 Section 23. 33.14 (3) of the statutes is amended to read:
33.14 (3) Department review. Within 21 days after receipt of the proposed plan and applications the department shall advise the lake district if additional information is needed to conduct its technical and environmental review of the proposal. If an environmental impact statement is required, the department shall complete its environmental impact review before taking final action on the proposed plan.
349,24 Section 24. 33.21 of the statutes is amended to read:
33.21 Public inland lake protection and rehabilitation districts; purposes. Public inland lake protection and rehabilitation districts Districts may be created for the purpose of undertaking a program of lake protection and rehabilitation of a lake or parts thereof within the district.
349,25 Section 25. 33.22 (4) of the statutes is amended to read:
33.22 (4) Districts shall not exercise the town sanitary district powers authorized under sub. (3) within the boundaries of an incorporated municipality unless the governing body of the municipality consents. In addition, districts shall not exercise town sanitary district powers in any territory included in an existing town sanitary district except by contract under s. 66.30 or unless the sanitary district merges into the public inland lake protection and rehabilitation district under s. 33.235 (3).
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