30.573 Assignment of security interest.
30.574 Release of security interest.
30.575 Secured party's and owner's duties.
30.576 Method of perfecting exclusive.
30.577 Suspension or revocation of certificate of title.
30.578 Grounds for refusing issuance of certificate of title.
30.60 Classification of motorboats.
30.61 Lighting equipment.
30.625 Rental of personal watercraft.
30.63 Sale and use of certain outboard motors restricted.
30.635 Motorboat prohibition.
30.66 Speed restrictions.
30.67 Accidents and accident reports.
30.675 Distress signal flag.
30.68 Prohibited operation.
30.681 Intoxicated boating.
30.682 Preliminary breath screening test.
30.686 Report arrest to department.
30.687 Officer's action after arrest for violating intoxicated boating law.
30.71 Boats equipped with toilets.
30.72 Watercraft use rules, Lower St. Croix River.
30.725 Placement of boats, trailers and equipment; Lower St. Croix River.
30.73 Use regulations, Brule River.
30.74 Additional functions of department.
30.742 Water exhibitions and races; rules.
30.745 Limited jurisdiction for administration and enforcement of navigation aids by municipalities.
30.75 Service of process on nonresident.
30.77 Local regulation of boating.
30.772 Placement and use of moorings; restrictions; permits.
30.773 Designated mooring areas.
30.78 Local regulation of seaplanes.
30.79 Local water safety patrols; state aids.
30.81 Local regulations on icebound inland waters.
30.90 Public access to Lake Lions.
30.92 Recreational boating projects.
30.93 Fox River management.
30.94 Fox-Winnebago regional management commission.
30.99 Parties to a violation.
GENERAL PROVISIONS
30.01
30.01
Definitions. In this chapter:
30.01(1c)
(1c) "Boat shelter" means a structure in navigable waters designed and constructed for the purpose of providing cover for a berth place for watercraft, which may have a roof but may not have walls or sides. Such a structure may include a boat hoist.
30.01(1d)
(1d) "Boathouse" means a structure used for the storage of watercraft and associated materials which has one or more walls or sides.
30.01(1g)
(1g) "Bridge" means a structure used to convey people, animals and vehicles over navigable waters and includes pipe arches and culverts.
30.01(1j)
(1j) "Department" means the department of natural resources.
30.01(1m)
(1m) "Designated mooring area" means a mooring area designated by a municipality under
s. 30.773 (2) and
(3), approved by the department and marked as a mooring area.
30.01(1p)
(1p) "Fishing raft" means any raft, float or structure, including a raft or float with a superstructure and including a structure located or extending below or beyond the ordinary high-water mark of a water, which is designed to be used or is normally used for fishing, which is not normally used as a means of transportation on water and which is normally retained in place by means of a permanent or semipermanent attachment to the shore or to the bed of the waterway. "Fishing raft" does not include a boathouse or fixed houseboat regulated under
s. 30.121 nor a wharf or pier regulated under
s. 30.13.
30.01(1r)
(1r) "Fixed houseboat" means a structure not actually used for navigation which extends beyond the ordinary high-water mark of a navigable waterway and is retained in place either by cables to the shoreline or by anchors or spudpoles attached to the bed of the waterway.
30.01(1t)
(1t) "Flotation device" means any device used to provide flotation for a fishing raft, including each individual barrel or styrofoam coffin.
30.01(2)
(2) "Governing body" means a town board, a village board of trustees, a city council or a county board.
30.01(3)
(3) "Harbor facility" means every facility useful in the maintenance or operation of a harbor, including transportation facilities of all types, terminal and storage facilities of all types, wharves, piers, slips, basins, ferries, docks, bulkheads and dock walls, and floating and handling equipment, power stations, transmission lines and other facilities necessary for the maintenance and operation of such harbor facilities.
30.01(3e)
(3e) "Mooring" when used as a noun means a mooring anchor and mooring buoy together with attached chains, cables, ropes and pennants and related equipment, unless the term is qualified or restricted.
30.01(3m)
(3m) "Mooring anchor" means any anchor or weight which is designed to rest on the bed or to be buried in the bed of a navigable water, which is designed to be attached by a chain, cable, rope or other mechanism to a mooring buoy and which is designed to be left in position permanently or on a seasonal basis.
30.01(3s)
(3s) "Mooring buoy" means any float or marker which is attached to a mooring anchor and either is suitable for attachment to a boat through the use of a pennant or other device or facilitates the attachment of the boat to the mooring anchor.
30.01(3w)
(3w) "Motor vehicle" has the meaning designated under
s. 340.01 (35) except that this term does not include snowmobiles.
30.01(4)
(4) "Municipality" means any town, village, city or county in this state.
30.01(4m)
(4m) "Navigable waters" or "navigable waterway" means any body of water which is navigable under the laws of this state.
30.01(5)
(5) "Pier" means any structure extending into navigable waters from the shore with water on both sides, built or maintained for the purpose of providing a berth for watercraft or for loading or unloading cargo or passengers onto or from watercraft. Such a structure may include a boat shelter which is removed seasonally.
30.01(5m)
(5m) "Piling" means a group of piles.
30.01(6)
(6) "Secretary" means the secretary of natural resources.
30.01(6b)
(6b) "Substantive written objection" means a written statement giving specific reasons why a proposed project under
ss. 30.02 to
30.38 may violate the statutory provisions applicable to the project and specifying that the person making the objection will appear and present information supporting the objection in a contested case hearing.
30.01(6d)
(6d) "Surplus water" means any water of a stream that is not being beneficially used, as determined by the department.
30.01(6e)
(6e) "Swimming raft" means a floating platform without railings, roof or walls that is adequately anchored to the bed of navigable waters and is designed for swimming, diving and related activities.
30.01(7)
(7) "Watercraft" means any device used and designed for navigation on water.
30.01(8)
(8) "Wharf" means any structure in navigable waters extending along the shore and generally connected with the uplands throughout its length, built or maintained for the purpose of providing a berth for watercraft or for loading or unloading cargo or passengers onto or from watercraft.
30.01(10)
(10) "Wolf River municipality" means any city, village or town which adjoins or includes any part of the Wolf River or its stream tributaries from the Shawano dam downstream to Lake Poygan.
30.01 Annotation
No threshold showing that a waterway is actually navigated for commercial or recreational purposes is necessary in order to prove that the waterway is navigable. City of Oak Creek v. DNR, 185 W (2d) 424, 518 NW (2d) 276 (Ct. App. 1994).
30.02
30.02
General provision for notice and hearing. 30.02(1)
(1) In any proceeding under this chapter where public notice is required, the department shall follow the procedures in
subs. (3) and
(4).
30.02(2)
(2) In any proceeding under this chapter where public notice is not required, the department shall follow the procedures in
subs. (3) and
(4) if it determines that substantial interests of any party may be adversely affected by the proceeding.
30.02(3)
(3) Upon receipt of a complete permit application, the department shall either schedule a hearing or provide notice stating that it will proceed on the application without a hearing if no substantive written objection to issuance of the permit is received within 30 days after publication of the notice. The notice shall be provided to the clerk of each municipality in which the project is located and to any other person required by law to receive notice. The department may provide notice to other persons as it deems appropriate. The department shall provide a copy of the notice to the applicant, who shall publish it as a class 1 notice under
ch. 985 in a newspaper designated by the department that is likely to give notice in the area affected. The applicant shall file proof of publication with the department.
30.02(4)(a)(a) If a public hearing is ordered, the division of hearings and appeals shall mail a written notice at least 10 days before the hearing to each person given notice under
sub. (3) and to any person who submitted a substantive written objection to issuance of the permit.
30.02(4)(b)
(b) The applicant shall publish a class 1 notice under
ch. 985 of the hearing in a newspaper designated by the department that is likely to give notice in the area affected. The applicant shall file proof of publication under this paragraph with the hearing examiner at or prior to the hearing.
30.02 History
History: 1987 a. 374.
