LRB-5626/1
MGG:kmg&mkd:km
1995 - 1996 LEGISLATURE
March 19, 1996 - Introduced by Representatives Handrick, Porter, Olsen,
Powers, Bock, Baldwin, Johnsrud, Brancel, Ourada, Ott, Boyle and
Brandemuehl, cosponsored by Senators Welch, Buettner and Cowles.
Referred to Committee on Urban and Local Affairs.
AB1050,2,2
1An Act to renumber and amend 30.77 (3) (ar), 31.385 (1), 33.235 (1) and 33.24;
2to amend 20.866 (2) (tL), 20.866 (2) (tx), 23.09 (19), 23.094 (1), 30.275 (4) (d),
330.77 (1) (intro.), 30.77 (3) (am) 2., 30.77 (3) (am) 4., 30.77 (3) (aw) 1., 30.77 (3)
4(d), 30.77 (3) (e) 1. (intro.), 30.77 (3) (e) 1. b., 30.77 (3) (e) 1. c., 30.78 (1g) (b), 30.78
5(1g) (c), 30.79 (1) (a), 30.79 (1) (b) 2., 30.81 (1m) (b), 30.81 (1m) (d), 30.81 (3),
630.92 (1) (b), 31.385 (2) (c) 2., 31.385 (3), 33.001 (2) (b), 33.01 (8), 33.14 (3), 33.21,
733.22 (4), 33.23 (1), 33.23 (2), 33.235 (title), 33.235 (2), 33.235 (3), 33.235 (4),
833.25 (1) (a), 33.30 (1), 33.305 (1), 66.119 (1) (a), 66.119 (2) (a), 66.119 (3) (c),
966.119 (3) (d), 66.119 (3) (e), 66.12 (1) (a), 66.12 (1) (b), 66.12 (2), 66.12 (3) (b),
10115.375 (2) (a) 2., 165.85 (2) (d), 814.63 (2) and 814.63 (4); and
to create 30.50
11(4q), 30.77 (3) (am) 1m., 30.77 (3) (am) 3m., 30.77 (3) (am) 3r., 30.78 (1g) (am),
1230.78 (3) (am), 30.81 (1m) (am), 30.81 (1m) (cm), 30.81 (1m) (cr), 31.385 (1d),
1333.01 (9g), 33.235 (1), 33.24 (1), 60.77 (5m), 60.782 and 115.375 (2) (a) 1m. of the
14statutes;
relating to: certain town sanitary districts having the powers of
15public inland lake protection and rehabilitation districts, authority to enact
16ordinances by town sanitary districts, conversion of town sanitary districts into
1public inland lake protection and rehabilitation districts on lakes without
2contiguous public lands or easements and making appropriations.
Analysis by the Legislative Reference Bureau
Under current law, towns, villages and cities (municipalities) and public inland
lake protection and rehabilitation districts (lake districts) may enact boating
ordinances that are not contrary to state law. An ordinance is valid only if all of the
municipalities having jurisdiction on the waters of the lake have enacted an identical
ordinance or if at least 50% of these municipalities together have at least 60% of the
footage of shoreline on the lake within their boundaries and they have enacted an
identical ordinance. In addition, a lake district may enact and enforce ordinances
that are applicable to a lake that is entirely within its boundaries if each
municipality having jurisdiction on the lake adopts a resolution authorizing the lake
district to do so or if at least 50% of these municipalities together have at least 60%
of the footage of shoreline of the lake within their boundaries and they adopt
resolutions authorizing the lake district to do so.
This bill allows town sanitary districts to enact boating ordinances under the
same conditions as lake districts, except that for town sanitary districts only 60% of
the footage of shoreline must be within the sanitary district's boundaries.
The bill grants a town sanitary district that meets this 60% footage
requirement many of the powers of a lake district. These powers include the power
to receive state funding for local water safety patrols, for stream bank protection and
urban green space under the stewardship program and for dam improvements.
The bill grants a town sanitary district that has an entire lake within its
boundaries the power to enact ordinances governing the operation of seaplanes and
snowmobiles on the lake.
The bill also grants town sanitary districts the general power to enact and
enforce ordinances.
Under current law, lake districts may exist only for inland lakes that provide
public access via contiguous public lands or easements. The bill allows public inland
lake protection and rehabilitation districts that are formed from or that incorporate
town sanitary districts to exist for inland lakes that do not provide such public access.
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:
AB1050,3,8
120.866
(2) (tL)
Natural resources; segregated revenue supported dam
2maintenance, repair, modification, abandonment and removal. From the capital
3improvement fund, a sum sufficient for the department of natural resources to
4provide financial assistance to counties, cities, villages, towns
, lake sanitary
5districts, as defined in s. 30.50 (4q), and public inland lake protection and
6rehabilitation districts in conducting dam maintenance, repair, modification,
7abandonment and removal under s. 31.385. The state may contract public debt in an
8amount not to exceed $4,000,000 for this purpose.
AB1050, s. 2
9Section
2. 20.866 (2) (tx) of the statutes is amended to read:
AB1050,3,1610
20.866
(2) (tx)
Natural resources; dam maintenance, repair, modification,
11abandonment and removal. From the capital improvement fund, a sum sufficient for
12the department of natural resources to provide financial assistance to counties,
13cities, villages, towns
, lake sanitary districts, as defined in s. 30.50 (4q), and public
14inland lake protection and rehabilitation districts in conducting dam maintenance,
15repair, modification, abandonment and removal under s. 31.385. The state may
16contract public debt in an amount not to exceed $5,500,000 for this purpose.
AB1050, s. 3
17Section
3. 23.09 (19) of the statutes is amended to read:
AB1050,3,2018
23.09
(19) (a) In this subsection, "local governmental unit" means a city, village,
19town, county
, lake sanitary district, as defined in s. 30.50 (4q), or public inland lake
20protection and rehabilitation district.
AB1050, s. 4
21Section
4. 23.094 (1) of the statutes is amended to read:
AB1050,3,2422
23.094
(1) Definition. In this section, "political subdivision" means city,
23village, town, county
, lake sanitary district, as defined in s. 30.50 (4q), or public
24inland lake protection and rehabilitation district.
AB1050, s. 5
25Section
5. 30.275 (4) (d) of the statutes is amended to read:
AB1050,4,3
130.275
(4) (d) Provide grants to municipalities
, lake sanitary districts, as
2defined in s. 30.50 (4q), and public inland lake protection and rehabilitation
3districts to undertake any of the activities under pars. (a) to (c).
AB1050, s. 6
4Section
6. 30.50 (4q) of the statutes is created to read:
AB1050,4,85
30.50
(4q) "Lake sanitary district" means a town sanitary district that has
6within its boundaries at least 60% of the footage of shoreline of a public inland lake,
7as defined in s. 60.782 (1), for which a public inland lake protection and rehabilitation
8district is not in effect.
AB1050, s. 7
9Section
7. 30.77 (1) (intro.) of the statutes is amended to read:
AB1050,4,1210
30.77
(1) Local regulation prohibited; exceptions. (intro.) Sections 30.50 to
1130.71 shall be uniform in operation throughout the state. No municipality
or, public
12inland lake protection and rehabilitation district
or town sanitary district may:
AB1050, s. 8
13Section
8. 30.77 (3) (am) 1m. of the statutes is created to read:
AB1050,4,1914
30.77
(3) (am) 1m. A town sanitary district may, in the interest of public health,
15safety or welfare, including the public's interest in preserving the state's natural
16resources, enact and enforce ordinances applicable to a lake if at least 60% of the
17footage of shoreline of the lake is within its boundaries, if no public inland lake
18protection and rehabilitation district has in effect any ordinances enacted under
19subd. 1. for the lake and if any one of the following occurs:
AB1050,4,2120
a. Each town, village and city having jurisdiction over the lake adopts a
21resolution authorizing the town sanitary district to do so.
AB1050,4,2522
b. At least 50% of the towns, villages and cities having jurisdiction over the lake
23adopt resolutions authorizing the town sanitary district to enact and enforce
24ordinances, and at least 60% of the footage of shoreline of the lake is within the
25boundaries of these towns, villages and cities.
AB1050,5,53
30.77
(3) (am) 2. An ordinance enacted under subd. 1.
or 1m. may not be
4contrary to or inconsistent with this chapter and shall relate to the equipment, use
5or operation of boats or to an activity regulated by ss. 30.60 to 30.71.
AB1050, s. 10
6Section
10. 30.77 (3) (am) 3m. of the statutes is created to read:
AB1050,5,107
30.77
(3) (am) 3m. If a town sanitary district enacts an ordinance under this
8paragraph, the town sanitary district ordinance supersedes all conflicting provisions
9of a town, village or city ordinance enacted under par. (a) that are applicable to the
10lake.
AB1050, s. 11
11Section
11. 30.77 (3) (am) 3r. of the statutes is created to read:
AB1050,5,1512
30.77
(3) (am) 3r. If a public inland lake protection and rehabilitation district
13is created for an inland lake after a town sanitary district has enacted ordinances
14under subd. 1m. for the lake, any ordinances enacted by the public inland lake
15protection and rehabilitation district supersede all of the following:
AB1050,5,1716
a. Any conflicting provisions of a town, village or city ordinance enacted under
17par. (a) that are applicable to the lake.
AB1050,5,1918
b. Any conflicting provisions of a town sanitary district ordinance enacted
19under subd. 1m. that are applicable to the lake.
AB1050,6,722
30.77
(3) (am) 4. If a town, village or city proposes to rescind a resolution that
23it adopted under subd. 1.
or 1m., and if the recision will result in less than 50% of the
24towns, villages or cities with jurisdiction over the lake still having in effect
25resolutions adopted under subd. 1.
or 1m. or will result in less than 60% of the footage
1of shoreline of the lake being within the boundaries of the towns, villages and cities
2with resolutions still in effect, the town, village or city proposing to rescind the
3resolution shall hold a hearing on the recision at least 30 days before the recision will
4take effect and shall give notice as required under par. (aw) 2. If, after holding the
5hearing, the town, village or city rescinds the resolution that it adopted under subd.
61.
or 1m., the
lake public inland lake protection and rehabilitation district
7ordinances
or the town sanitary district ordinances are void.
AB1050,6,14
1030.105 (title)
Determining footage of shoreline. In determining footage
11of shoreline for purposes of
pars. s. 30.50 (4q), 30.77 (3) (ac), (ae) and (am)
and 60.782
12(2), towns, villages, cities
and lake, public inland lake protection and rehabilitation 13districts and town sanitary districts shall measure by use of a map wheel on the U.S.
14geological survey 7 1/2 minute series map.
AB1050,6,2117
30.77
(3) (aw) 1. If one or more towns, villages or cities propose to enact an
18ordinance for an inland lake under par. (ac) 2. or a
lake public inland lake protection
19and rehabilitation district
or town sanitary district proposes to enact an ordinance
20for an inland lake under par. (am) 1. b.
or 1m. b., it shall hold a public hearing on the
21proposed ordinance at least 30 days before its enactment.
AB1050,7,1724
30.77
(3) (d) Ordinances pertaining to the equipment, use or operation of boats
25on inland lakes shall be subject to advisory review by the department as provided
1under this paragraph. Proposed ordinances subject to review under this paragraph
2shall be submitted by the local town, village or city clerk or by
a the public inland lake
3protection and rehabilitation district
or town sanitary district to the department at
4least 60 days prior to final action thereon by the town, village
or, city
or district 5governing body. Advisory reports regarding town, village
or, city
or, lake district
or
6town sanitary district ordinances that regulate the equipment, use or operation of
7boats on inland lakes shall be based on consideration of the effect of the ordinance
8on the state from the standpoint of uniformity and enforcement and the effect of the
9ordinance on an affected town, village, city
or, lake district
or town sanitary district 10in view of pertinent local conditions. Advisory reports shall state in what regard such
11ordinances are considered consistent or inconsistent with this chapter as to public
12health, safety or welfare, including the public's interest in preserving the state's
13natural resources, and shall be accompanied by suggested changes, if any. No later
14than 20 days after receipt by the department of proposed ordinances, the department
15shall advise the town, village, city
or, lake district
or town sanitary district in writing
16as to the results of its advisory review under this paragraph. The department shall
17address the results sent to a town, village or city to its clerk.
AB1050, s. 16
18Section
16. 30.77 (3) (e) 1. (intro.) of the statutes is amended to read:
AB1050,7,2119
30.77
(3) (e) 1. (intro.) A municipality
or
, a public inland lake protection and
20rehabilitation district
or a town sanitary district that has in effect an ordinance
21under par. (am) may charge boat operators reasonable fees for any of the following:
AB1050, s. 17
22Section
17. 30.77 (3) (e) 1. b. of the statutes is amended to read:
AB1050,7,2423
30.77
(3) (e) 1. b. The municipality's or
lake district's costs for operating or
24maintaining a water safety patrol unit, as defined in s. 30.79 (1) (b) 2.
AB1050, s. 18
25Section
18. 30.77 (3) (e) 1. c. of the statutes is amended to read:
AB1050,8,2
130.77
(3) (e) 1. c. The municipality's or
lake district's costs for providing other
2recreational boating services.
AB1050, s. 19
3Section
19. 30.78 (1g) (am) of the statutes is created to read:
AB1050,8,84
30.78
(1g) (am) A town sanitary district, after public hearing, may enact and
5enforce local ordinances applicable to a lake entirely within its boundaries if each
6town, village and city having jurisdiction on the lake adopts a resolution authorizing
7the town sanitary district to do so and if no public inland lake protection and
8rehabilitation district has in effect ordinances enacted under par. (a) for the lake.
AB1050, s. 20
9Section
20. 30.78 (1g) (b) of the statutes is amended to read:
AB1050,8,1110
30.78
(1g) (b) Ordinances authorized under par. (a)
or (am) are limited to the
11type of ordinances authorized under sub. (1) (a) to (c).
AB1050, s. 21
12Section
21. 30.78 (1g) (c) of the statutes is amended to read:
AB1050,8,1613
30.78
(1g) (c) If any town, village or city having jurisdiction on
the a lake
14rescinds
the a resolution
adopted under par. (a) or (am) authorizing
the a public
15inland lake protection and rehabilitation district
or town sanitary district to enact
16and enforce ordinances under this paragraph, the
lake district ordinances are void.